PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 11, 1998

LAND-USE PLANNING

(#330 @ 100)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Keith Schuett, Planner II; Marc Engemoen, Director of Public Works; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Mr. Schuett requested that the Altenburg Subdivision item be moved to consent, which means it will not be discussed unless requested by the Commissioners or members of the audience.

1. ALTENBURG SUBDIVISION (#97-SU1126): 25-09-69 - EAST OF AND

ADJACENT TO COUNTY ROAD 15 AND NORTH OF AND ADJACENT

TO COUNTY ROAD 64; 35 ACRES; 3 LOTS; O-OPEN ZONING

This is a request for a subdivision to divide 35 acres, with one existing dwelling, into three lots of 10 acres, 10 acres, and 15 acres for single family residences. Staff findings include: 1) The proposal does comply with the intent and purposes of the Larimer County Comprehensive Zoning Resolution; 2) The proposal does comply with the intent and purpose of the Larimer County Master Plan for this area; 3) The proposal is harmonious with the surrounding neighborhood; 4) The proposal will not impair the public health, welfare, prosperity, and safety by creating undesirable traffic congestion, undesirable sanitary conditions, or overburden of utilities or adverse environmental influences in this area.

The Planning Commission/Staff recommendation is for approval of the Altenburg Subdivision with the following conditions: 1) The following notes shall be placed on the Final Plat prior to recording: A) Prior to the issuance of residential building permits: a) Written evidence must be provided to Larimer County Planning Department staff that the 6-inch water main located near the intersection of County Road 66 and County Road 15 was extended to provide service to this project; b) Building plans shall include residential sprinkler systems and that prior to the issuance of any temporary or permanent Certificate of Occupancy, evidence must be provided that the residential sprinkler system has been installed correctly and is capable of operating properly; c) Building permit plans must include engineered footings and foundations, and passive radon mitigation measures. Radon testing will be required prior to the issuance of the Certificate of Occupancy; d) Any required park fees, road fees and school fees current at the time of building permit application shall be paid as part of the building permit application; B) Property owners should be aware that mosquitoes and wildlife (such as skunks, raccoons, geese) may present a significant nuisance. Larimer County does not have a mosquito control program, any spraying or other control is the responsibility of the property owner. Larimer County is not able to mitigate wildlife nuisance problems; C) Prairie dog colonies exist in this general area; at times prairie dogs are implicated in the transfer of plague to people or their pets. It is important for residents to observe animal control requirements for both dogs and cats; D) Agricultural uses are present in this area. Such uses can produce odor, dust and noise; these should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses in this area; E) Any Army Crop permit required for placement of dredged or fill material, and any excavation associated within a wetlands location shall be obtained; 2) The proposed 20-foot utility easement adjacent to County Road 15 and County Road 64 for future utilities shall be labeled as "20 foot utility easement"; 3) The plat shall be amended to show areas that are not suitable for buildings and septic systems; 4) The final drainage study shall include and not be limited to the following information: a) An analysis for portions of the contributing basin that are outside the platted boundary of this subdivision. An area map showing the basin boundaries and calculations for the overall drainage area is needed; b) A certification statement (Check the stormwater manual for format); c) Discussion and qualification of the 100-year water surface elevation of the three retention areas. The final plat shall show these areas as non-buildable; d) The lowest floor elevation and the final plat shall show the lowest floor elevations allowed for Lots 2 and 3; e) Calculations and sizing assumptions used to determine the size of the culverts for the driveways shall be included; f) A description of the erosion control mitigation measures during any earth moving activity, such as access to proposed new parcels (e.g., reseeding to native grasses) and a statement of responsibility for the erosion control measures, shall be included in the final report.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the Planning Commission/Staff recommendation and approve the Altenburg Subdivision (#97-SU1126), with the conditions as outlined.

Motion carried 3 - 0.

The meeting recessed at 3:05 p.m.

CONTINUATION OF LAND-USE MEETING

(#330 @ 200)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Carol Evans, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. MAYO WELDING SPECIAL REVIEW AMENDMENT (#97-ZR1077):

SW 36-05-69 - WEST SIDE OF U. S. HIGHWAY 287, 1/2 MILE NORTH

OF COUNTY ROAD 14 AT 3555 SOUTH LINCOLN AVENUE IN

LOVELAND, CO.; 2.28 ACRES; C-COMMERCIAL ZONING

Ms. Evans informed the Board that the two items on tonight's agenda are related and even though the second item is a consent item, it is contingent upon approval of the first item and will not be discussed in detail unless requested by the Commissioners or members of the audience. Ms. Evans noted that the first item is a request to amend a Special Review plan to allow a 50'x60' addition to the existing welding shop building to be used for indoor storage; she described the proposal and regulatory and technical issues relating to this request and submitted pictures of the subject property. Ms. Evans stated that previously, when the landscaping was approved, no screening was required along the western boundary of this property; she noted, however, that after the Planning Commission hearing regarding this amendment adjourned, an adjacent property owner expressed concern about the landscaping and at this time she submitted an additional condition (#7) for the Board's consideration to address that concern. Staff findings include: 1) The subject property is part of a subdivision and rezoning which was conditionally approved in 1990. The welding and fabrication shop was found to be consistent with the rezoning and the Special Review process was required to allow site plan review. The current use (welding and fabrication shop) is allowed by Special Review approval granted in 1992 and modified in 1996; 2) The applicant has proposed to build a 50'x60' addition at the west end of the existing building for indoor storage of steel used by the business (currently stored outside) and has requested a variance from paved parking requirements; 3) The request has been reviewed by County staff and applicable State and City of Loveland Departments. No objections were raised regarding the building addition; a partial variance of the paved parking requirements is supported by Staff; 4) Comments solicited from the residential neighborhood adjacent to the property indicate concerns with the operations of the business and some level of objection to the building addition. The applicant has taken some steps to mitigate neighborhood concerns. Staff is recommending certain conditions of approval to address concerns about lighting and visual appearance/outdoor storage issues; 5) With certain conditions, approval of the Mayo Welding Special Review Amendment to allow a 50'x60' building addition and a partial variance from the Urban Growth Area paved parking requirements will not result in any significant negative impacts on provision of services, transportation, area properties or the natural environment.

Applicant Mike Mayo thanked Ms. Evans for her professionalism and the tremendous amount of work she put into this request and stated that the Board should know that she is a great asset to the County. Mr. Mayo stated that only the one family to the south has complained about their operation and he noted that they have tried to appease them by doing everything asked of them; he stated that the last complaint was about the lighting on the building, which is for protection of the property because they have had some theft and vandalism, and yet the property owners in between have three mercury vapor lights that are 100 ft. closer to the complaining neighbors and they have not complained about them. Mr. Mayo stated that he has no objections to the conditions, other than the requirement for downward lighting and shields, which is not that difficult, but because of the principle involved.

Questions from the Board and discussion followed regarding the shields for the lighting, the grading and paving requirement, etc.; Mr. Burns stated that the grading plan the County is requesting is not complicated and he offered his assistance to Mr. Mayo when the plan is submitted. Mr. Mayo asked if there a time limit for completing these conditions; Ms. Evans noted that the conditions are tied to the amendment and the building permit application, however, she thinks the shielding of the lights and screening to the west should probably be done anyway. Mr. Augustine, adjacent property owner, stated that Mr. Mayo is a great neighbor and noted that all his concerns about the landscaping are addressed in the proposed condition #7.

After discussion, the conditions of the Planning Commission/Staff recommendation for approval of the Mayo Welding Special Review Amendment, and a partial variance from the Urban Growth Area paved parking requirements, were amended as followed: 1) Previous conditions for Mayo Welding Special Review, as contained in Findings and Resolutions recorded at Reception numbers 92007520 and 96044652, shall still apply to this use unless modified by other conditions. The following conditions are restated for clarification: a) No outdoor fabrication/welding activities are allowed; b) The outdoor storage area includes all area on the site west of the west end of the original building, extended to the north and south property lines. If plant materials are used to provide screening between this use and the residential lot to the west, a 10' wide landscape buffer shall be included along the western boundary of the site and no storage shall be allowed within that buffer area; c) High profile items (such as trucks, trailers, cranes) shall be stored in the area north of the south line of the building extended to the west property line when not in use (after hours/weekends). Crane booms shall be lowered after hours and on weekends to reduce visual impacts; 2) The new building addition shall be of the same style and color of the existing building; 3) All exterior lighting shall be downward directed and equipped with shields or baffles as necessary to restrict lighting to this property and to shield the light fixtures so that they are not visible from off-site. All existing exterior light fixtures shall be so equipped prior to building permit issuance for the addition; any additional exterior lighting on the building addition shall be so equipped prior to occupancy of the addition; 4) A revised final site plan, drawn to scale, shall be submitted (5 blueprint copies) which accurately depicts all improvements/easements on the site, including the following: fuel storage tanks (labeled with volume and fuel type), parking spaces (indicate paved parking areas including spaces and road base parking areas), all landscaping (including the fence), existing easements and rights-of-way, detention pond, location of existing structures and proposed addition, dimensions of structures, any signs on the property, outdoor storage areas (delineate where high profile items are allowed), scale used for the drawing and a North arrow; 5) Paved parking shall be provided to the east and south of the building with 21 paved parking spaces; spaces shall be delineated with striping when paving is completed. The grading plan, preparation details and paved parking plans (including pavement limits, thickness and material grade) shall be submitted and approved by County Engineering prior to issuance of a building permit for the addition (submit 2 copies); Mr. Burns will provide technical assistance to the applicant with the grading plan. Paved parking shall be completed prior to occupancy of the building addition; 6) The requirements of the Loveland Fire Department regarding the fire sprinkler system and lock box shall be met. The lock box shall be installed and loaded with keys prior to occupancy of the addition; 7) Additional landscaping, sufficient to provide a minimum 10' buffer with a 20% visual screen between this use and the residential property to the west, shall be installed. A landscaping plan showing the location of the landscaping materials and the 10' buffer area shall be submitted with the building permit application for the addition to the existing structure; plans for irrigating plant materials shall be included. Trees/shrubs which die must be replaced within one year. If solid fencing is proposed and approved to meet the landscaping requirement, the 10' buffer between the property line and the storage area will not be required. The landscaping plan must be approved by Larimer County Natural Resources and Planning Staff prior to issuance of the building permit and landscaping shall be installed prior to final inspection of the building addition and occupancy of the addition.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Mayo Welding Special Review Amendment (#97-ZR1077), with the conditions as amended and outlined.

Motion carried 3 - 0.

2. DOUBLE DEB ACRES LOT 4 DRAINAGE EASEMENT VACATION

(#97-SA1174): SW 36-05-69 - WEST SIDE OF U. S. HIGHWAY 287,

APPROXIMATELY 1/2 MILE NORTH OF COUNTY ROAD 14;

3555 SOUTH LINCOLN AVENUE IN LOVELAND, CO.; 2.28 ACRES;

C-COMMERCIAL ZONING IN THE LOVELAND UGA

This is a request to vacate a portion of the drainage easement on Lot 4 that was platted with the Amended Plat of Lots 3 and 4, Double Deb Acres. The vacation is requested because a proposed building addition on this lot would encroach on the easement by approximately 12'. Staff findings are: 1) Double Deb Acres Amended Plat of Lots 3 and 4 was recorded in 1991. The Plat included a drainage and detention easement on the western portions of Lots 3 and 4; 2) Mayo Welding has petitioned Larimer County for an amendment to an approved Special Review to allow a 50' x 60' addition at the western end of its existing building. The building addition would encroach on the drainage and detention easement by about 12'; 3) The applicant's engineer has demonstrated to the satisfaction of the County Engineering Department that neither the building addition or the easement vacation will adversely affect drainage. The County Health Department and the City of Loveland have no objections to the vacation.

The staff recommendation is for approval of the easement vacation for a portion of the drainage easement on Lot 4 of the Amended Plat of Lots 3 and 4, Double Deb Acres to accommodate the building addition as proposed by the amendment to the Mayo Welding Special Review (Case #97-ZR1077), with the following condition: 1) For recording purposes, the applicant shall submit a metes and bounds legal description of the portion of the easement being vacated. The legal description shall be prepared by a Colorado-licensed surveyor. The legal description shall be submitted prior to issuance of the building permit for the addition to the Mayo Welding building.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Double Deb Acres Lot 4 Drainage Easement Vacation (#97-SA1174), with the condition as outlined.

Motion carried 3 - 0.

The meeting adjourned at 7:40 p.m.

TUESDAY, MAY 12, 1998

ADMINISTRATIVE MATTERS

(#331 @ 330 @ 1000)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Irene Josey, Deputy Treasurer; Dr. Keith Olson, Executive Director of Mental Health; Dr. Lillian Mezey, Medical Health Medical Director; Kathy Snell, Director Health & Human Services; Kate Tremblay, Risk Manager; Jill Bennett, Senior Planner; Donna Hart, Commissioners' Office Staff Services Manager; Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Bender addressed the Board during the open session for public comment; he submitted a letter signed by twelve property owners in the Bellvue and Rist Canyon area outlining their reasons for being unanimously opposed to the proposal on grading and private local access roads stating that should be the prerogative and responsibility of the property owner. Mr. Bender stated that the property owners don't feel the County should be imposing their rules on private roads when they can do it themselves and the permits and fees will be an economic burden on them; he noted that a petition is being circulated around Larimer County for people to sign in opposition to the proposal. Mr. Bender stated that the County is not going to gain anything by adopting this proposal because many people will not abide by it and there should be alternative choices for them. Questions from the Board and discussion followed. Commissioner Clarke asked who is going to be responsible when emergency vehicles are not able to get in to fight fires, etc. because the roads are in such poor condition; he suggested that one alternative could be that if people don't want to provide adequate roads, then the County could require them to provide a very large liability umbrella policy (like $10 million) before we ever consider opting to leave them out of this program.

Mr. Bender asked about the status of the formation of the Preble's Meadow Jumping Mouse (PMJM) Task Force as Farm Bureau submitted some names of persons to be on the Task Force; Chair Olson stated that they are still in the process of forming the Task Force and she informed Mr. Bender that today the PMJM is going to be listed as threatened, rather than endangered.

2. APPROVAL OF MINUTES FOR WEEK OF MAY 4, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of May 4, 1998, as submitted and amended.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF MAY 18, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 18, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for May 13, 1998:

LIQUOR LICENSES: County approval was granted for renewal of licenses for the following: J.J.'s Country Corner - 3.2% - Fort Collins, CO.; National Park Village North - 3.2% - Estes Park, CO.; and National Park Village North - 6% - Estes Park, CO.

A98-72 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND NORTH HOUSE LLC,

A COLORADO CORPORATION (Aurora Hills Subdivision)

A98-73 ARCHITECT SERVICE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND DLR - LESCHER AND MAHONEY

(Terms and Conditions for the Loveland Courts Facility)

A98-74 CONTRIBUTORY RETIREMENT PLAN AND TRUST AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE

FIRST NATIONAL BANK (Amendment IV in the State Law

concerning Domestic Relations Orders)

A98-75 LEASE AGREEMENT RENEWAL #4 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND ALISTAIR MACDONALD

(Mental Health Loveland Office)

A98-76 ELEVATOR SERVICE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND MONTGOMERY KONE, INC.

A98-77 COMMUNITY FOUNDATION PASS-THROUGH FUND AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE FORT COLLINS COMMUNITY FOUNDATION

(This Agreement was approved on May 5, 1998 pending final approval

by the Finance Director)

R98-70s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND ADDITION OF UTILITY EASEMENTS IN CRESTVIEW

SUBDIVISION

R98-71g ADOPTION OF AMENDMENTS TO THE FORT COLLINS IGA,

THE SUPPLEMENTARY REGULATIONS TO THE LARIMER

COUNTY COMPREHENSIVE ZONING RESOLUTION, PLANNED

UNIT DEVELOPMENT RESOLUTION AND MOBILE HOME

RESOLUTION, AND TO THE BOUNDARY OF THE LARIMER

COUNTY URBAN GROWTH AREA OVERLAY ZONE FOR THE

FORT COLLINS AREA

R98-72g RESOLUTION ADOPTING AMENDMENT TO LARIMER COUNTY

CONTRIBUTORY RETIREMENT PLAN AND TRUST AGREEMENT

Motion carried 3 - 0.

5. FIBROMYALAGIA DAY PROCLAMATION: Ms. Josey introduced Chris Walker, the leader of the Fibromyalagia/Chronic Fatigue Wellness Group in Larimer County, as well as 3 other members of the group; Ms. Walker thanked the Board for the Proclamation and explained the chronic disorder, which results in widespread debilitating muscular skeletal pain, persistent fatigue, inability to achieve restful sleep, headaches, numbness, and concentration and memory difficulties. Ms. Walker continued that this disease is beginning to reach epidemic proportions and it is estimated that six to ten million people across the United States experience the symptoms daily and it is estimated that 6% of the people in Larimer County suffer from this disorder; she noted that at this time there is no cure or known cause of the disease. Commissioner Clarke read the Proclamation aloud. Commissioner Disney suggested Ms. Walker call Dr. LeBailly, Director of the Health Department, to discuss Fibromyalagia because they track diseases and might be able to offer some assistance.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim Tuesday, May 12, 1998 as Fibromyalgia Awareness Day in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

6. OLDER AMERICANS MONTH PROCLAMATION:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim the month of May as Older Americans Month, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

7. REQUEST FOR NEW CHILD PSYCHIATRIST: Dr. Olson introduced Dr. Lillian Mezey to the Board and noted that the purpose for meeting with the Board today is to request their approval to create and fill a full-time child psychiatric position in the Mental Health Department; he reviewed the anticipated annualized costs of the proposal and revenues and stated that the development of additional child psychiatric services will be of distinct advantage to the Center and the County as the availability of these services in the community is extremely limited. Dr. Olson noted that there are only 3 child psychiatrists in Larimer County and 1236 children under the age of twelve suffering from severe mental illness and only 220 being served. Dr. Mezey stated that right now they are contracting with two different people to provide part-time child psychiatric services, but they have so many other commitments that they are often late, etc. and it would be so much better for the children if there was a full-time psychiatrist at the Mental Health Center to provide some consistency for them. Ms. Snell acknowledged that this position is needed; questions from the Board and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request from the Mental Health Center to create and fill a full-time child psychiatric position by July 1, 1998.

Motion carried 3 - 0.

8. INSURANCE CARRIER RECOMMENDATIONS: Ms. Tremblay stated that the annual insurance renewal for the County is due this Friday and they just completed the process of broker selection; she noted that the last competitive bid process was conducted in November of 1992. Ms. Tremblay stated that last year, Risk Management retained an insurance consultant to aid in the bidding of both broker services and insurance coverage and seven insurance brokers were invited to pre-qualify their services; she noted that advertisements were also placed in the Coloradoan and Denver Post. Ms. Tremblay reviewed Exhibit II, which shows the results of the bidding process and compares the proposals with the insurance program now in place, and the advantages of the Gallagher program; she continued that solely based on price, Gallagher is the "low bidder" and also provides broader coverage grants and clearer explanations and determinations of coverage than other respondents, and based on best cost and best coverage, she stated that the consultant recommended that Larimer County select Gallagher and, after careful review of the "Analysis of Proposals", Risk Management agrees with the recommendation.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the recommendation that Larimer County retain the services of broker Arthur J. Gallagher & Company to provide all insurance services, including placement of coverage as detailed on Exhibit II, for a single year contract renewable for up to five years.

Motion carried 3 - 0.

9. RESOLUTION ESTABLISHING IMPOUND AND BOARDING FEES AT THE HUMANE SOCIETY: Mr. Lancaster noted that the Humane Society for Larimer County has recommended a change in the schedule for impound fees and daily board fees, which are charged when animals are reclaimed by their owners, and they are requesting Board approval of same; he noted that these changes will make Larimer County consistent with the Cities of Loveland and Fort Collins.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution outlining the changes in impound fees and daily boarding fees in the Fee Schedule for Impounded Animals, and authorize the Chair to sign same.

Motion carried 3 - 0.

R98-73g RESOLUTION ESTABLISHING IMPOUND AND BOARDING

FEES CHARGED BY THE HUMANE SOCIETY FOR LARIMER

COUNTY

10. WORKSESSION:

-- Smart Growth Partnership Grant Application: Mr. Lancaster noted that the Planning Department has been working with the Town of Timnath and City of Fort Collins on strategic planning for the I-25 and Harmony Road corridor and, as part of that cooperative effort, the group through Timnath is applying for a Smart Growth Partnership Grant and they have asked the Board to sign a letter of support for that grant. CONSENSUS OF THE BOARD was to sign the letter in support of the application. Ms. Bennett noted that the major landowners in the area are also partners in this cooperative effort.

-- Request for Funds for Old Time Political Rally: Mr. Lancaster reminded the Board that in the past the Commissioners have assumed the cost of the McMillan Building at the Larimer County Fairgrounds for the League of Women Voters for their Old Time Political Rally and the League has requested the same for this year; he noted that the cost is $250, which comes out of the Commissioner's Special Projects Fund.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the expenditure of $250 from the Commissioners' Special Projects Fund for the rental of the McMillan Building for the League of Women Voters' Old Time Political Rally.

Motion carried 3 - 0.

-- Joint Meeting with Fort Collins City Council and Poudre R-1 School Board: Much discussion ensued regarding the meeting which was to be held tomorrow night with the Fort Collins City Council and Poudre R-1 School District Board of Education to discuss Fossil Creek siting issues, but was canceled because the School Board wanted it held in Executive Session. Mr. Lancaster noted that the City Attorney concurs that this discussion does not need to be in Executive Session. Mr. Lancaster stated that now the President of the School Board has suggested having a meeting at 3 p.m. this Friday with staff and only one Commissioner present for a non-public meeting to come up with alternative solutions that can be presented to the School Board Monday night. As the Commissioners have previous commitments at that time, Mr. Lancaster offered to attend this meeting; the Board concurred with the suggestion.

At this time, Assistant County Attorney Jeannine Haag and Jim Reidhead, Director of the Rural Land Use Center, joined the meeting for Legal Matters.

11. COMMISSIONER REPORTS:

-- Commissioner Clarke discussed amending our subdivision regulations to include the Estes Valley Master Plan; he noted that Ms. Haag is also suggesting that we include PLUS and other housekeeping items since we will be going through the public process. Commissioner Clarke's concern is that the Estes Valley Master Plan includes down zoning; he noted that the Commissioners have said they are not going to down zone with PLUS and this might be a contradiction - he is not opposed to adopting the Estes Valley Master Plan, but he does not want to be inconsistent. Ms. Haag responded that a housekeeping amendment would clarify that the current Master Plans are documents that the County will use to evaluate whether a proposal should be approved or not and there are many things in the Master Plan that are more related to aesthetics, harmony with the area, etc., that we can rely on and evaluate a plan, but if there is an inconsistency between Master Plans as to use or density with the zoning resolution, then we will have to go with the zoning resolution until we have our new regulations.

-- Commissioner Clarke reported that the Preble's Meadow Jumping Mouse is going to be listed today as threatened by Governor Romer and Bruce Babbitt; he noted that with the threatened designation, there are temporary regulations that exempt certain things, such as existing uses, farming and ranching, etc., and there is a 5% rule and some flexibility; he noted that a ruling will be made within a year. He stated that the State is very interested in our Task Force and he thinks Larimer County needs to push forward and lead out with a diverse Task Force.

-- Chair Olson asked her colleagues what they want to discuss and accomplish at the employee meetings? Discussion followed of topics to be discussed, such as the Fairgrounds and Multiple Purpose Event Center, the Weed District, etc. It was suggested that Personnel Director Ralph Jacobs attend the meetings because there are always personnel questions; it was also suggested that the Board remind the employees that we did reach the 50th percentile for salaries and plan to remain at that level. The Board decided to serve refreshments.

12. LEGAL MATTERS:

-- Ms. Haag stated that following a request from Dennis March, a Rural Land Use Center applicant, for further division of residual land, the issue of possible amendments to the current Rural Land Use Code needs to be addressed. Ms. Haag noted that there is a sense out there that the residual land can be further divided into 35-acre parcels without County approval and Mr. Marsh wants the opportunity to convey three separate parcels of the residual land to his three heirs. Ms. Haag informed the Board that if they are inclined to do this, it could be done through a development agreement, with conditions, such that it would be a one-time only division, etc. Ms. Haag noted, though, that the real issue of concern is that if Mr. Marsh deeds the property to his three heirs, what will they do with it in the future. Mr. Reidhead stated that the rationale for the residual land has always been that the landowner is giving away his development rights; he noted, also, that approval of this request may have some implications for the 80% open lands in PLUS . Questions from the Board and discussion followed; Commissioner Disney asked if this could be addressed through a management plan; he stated that dividing the residual land flies in the face of the spirit and intent of the process, which was to provide large chunks of agricultural open space and yet give the large landowners the opportunity to do something different than the 35-acre parcels. The Board concurred that when the Rural Land Use proposals are approved, the ag uses need to be tightened and the management plan and covenants need to be very specific as to what may happen in the future. Chair Olson stated that the purpose of estate planning is to solve problems like this. After much discussion, the Board stated that if Mr. Marsh chooses to divide the residual land, he needs to do an Amended Plat, subject to the covenants, and he needs to come back through the County process.

The meeting adjourned at 11:40 a.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk