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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 6, 1998

LAND-USE PLANNING MEETING

(#353)

The Board of County Commissioners met at 3:00 p.m. in regular session with Russ Legg, Chief Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Carol Evans and Matt Lafferty, Planners II; Mark Peterson, County Engineer; Doug Ryan, Environmental Health Planner; John Pedas, Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed unless requested by the Commissioners or members of the Board.

1. AMENDED PLAT OF LOTS 28 & 29, TRACT 1 OF BIG ELK MEADOWS

SUBDIVISION (#98-SA1246): SW 1/4 - 34-04-72 - ON HEMLOCK DRIVE

(TRAVELED WAY); .63 ACRES; 1 LOT PROPOSED; O-OPEN ZONING

This is a request for an Amended Plat to combine Lots 28 & 29 of Tract 1 of Big Elk Meadows. Staff findings include: 1) The proposed Amended Plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Amended Plat is compatible with other development in the surrounding area; 3) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of the Amended Plat of Lots 28 & 29 within Tract 1 of Big Elk Meadows Subdivision, subject to the following condition: 1) The applicant shall make corrections to the Amended Plat and submit monument records as noted by the Larimer County Surveyor; said corrections and monument shall be submitted and reviewed prior to Document Review of the Amended Plat.

2. CRYSTAL LAKES 8TH FILING, LOTS 105 & 106 AMENDED PLAT

(#98-SA1251): NW 12-10-74 - NORTHEAST CORNER OF THE INTER-

SECTION OF OTTAWA WAY AND OJIBWA COURT IN CRYSTAL

LAKES 8TH FILING (NORTHWEST OF RED FEATHER LAKES);

3.59 ACRES; 1 LOT PROPOSED; E1-ESTATE ZONING

This is a request for an Amended Plat to combine Lots 105 & 106 of the 8th Filing of Crystal Lakes, resulting in a single lot of 3.6 acres. A 60' wide footpath easement located along the former common lot line would remain in place. Staff findings are: 1) Crystal Lakes 8th Filing was recorded in 1974; 2) The County Health and Engineering Departments, as well as applicable utility providers, note no objections to combining the lots as requested. The staff recommendation is for approval of the Amended Plat of Crystal Lakes 8th Filing, Lots 105 & 106.

3. JENKS AMENDED EXEMPTION ACCESS AND UTILITY EASEMENT

VACATION (#98-EX1233): S 1/2 26-06-70 - ON THE WEST SIDE OF

COUNTY ROAD 27, 3 MILES SOUTH OF MASONVILLE; 84.49 ACRES;

O-OPEN ZONING

This is a request to vacate a portion of the existing access and utility easement serving Parcels 1 and 2 of the Jenks Amended Exemption and provide a new location for a shared access and utility easement. Staff findings include: 1) The Jenks Amended Exemption was recorded in 1995; the exemption map included an access and utility easement across Parcel 2 to Parcel 1. The property owners have agreed to relocate the access and utility easement serving these lots; 2) County Health and Engineering staff have reviewed the proposal and commented regarding the need for approval by utility providers. Engineering has also commented regarding use of the easement, access permits and the flood plain issues. Utility providers have reviewed the request and have no objections.

The staff recommendation is for approval of the easement vacation for a portion of the access and utility easement on Parcel 2 of the Jenks Amended Exemption, with the following conditions: 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; 2) Flood plain information as required by the County Engineering Department shall be included on the amended exemption map.

4. TRAPPER'S POINT FIRST FILING RELEASE OF WARRANTY

COLLATERAL (#92-SU0156): N 1/2 20-07-68 - NORTH SIDE OF

COUNTY ROAD 48, 1/2 MILE WEST OF COUNTY ROAD 3

This is a request to release the warranty collateral for Trapper's Point 1st Filing. Staff findings are: 1) Trapper's Point First Filing was approved in 1992; 2) The developer executed a Subdivision Improvements Agreement pursuant to the Subdivision Resolution and completed all the improvements in a timely fashion; 3) Upon release of the Subdivision Improvements Agreement, the developer executed a warranty collateral agreement and provided collateral to secure the agreement. The warranty period has expired and the developer is requesting release of the warranty collateral; 4) The County Engineering staff inspected the improvements covered by the warranty collateral agreement and recommends that the collateral be released. The staff recommendation is for approval of the request to release the warranty collateral for Trapper's Point First Filing in the amount of $4,862.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 28 & 29, Tract 1 of Big Elk Meadows Subdivision (#98-SA1246); Crystal Lakes 8th Filing, Lots 105 & 106 Amended Plat (#98-SA1251); Jenks Amended Exemption Access and Utility Easement Vacation (#98-EX1233); and the Trapper's Point Firs Filing Release of Warranty Collateral (#92-SU0156); each, with the conditions as outlined.

Motion carried 3 - 0.

5. LAMPERT MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#98-EX1212): NE 11-05-70 - ON THE NORTH SIDE OF U. S. HIGHWAY 34,

1/4 MILE WEST OF THE INTERSECTION OF HIGHWAY 34 AND

COUNTY ROAD 27; 5.07 ACRES; FA-1 FARMING AND T-TOURIST

ZONING

This is a request for an appeal to allow submittal of a MRD application where the subject property is located in Range 70, where direct access to the public road system is not provided for one lot and where a commercial use exists. Chair Olson noted that the Commissioners heard this matter on May 18, 1998, at which time it was tabled to allow time for staff and the County Attorney to consider the application requirements for MRD's and subdivisions and to look for alternatives for streamlining the development process since two structures/uses already exist on the property. Ms. Evans described the location of the subject property, provided the background information for this request, and reviewed the major concerns and issues.. Staff findings include: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process. The subject property is not eligible to use the exemption process for review of a land division unless an appeal is granted by the Board of Commissioners; 2) This property has a split zoning (T-Tourist and FA-1 Farming), an existing restaurant with an accessory dwelling, and a detached accessory dwelling. The applicants wish to divide the property so that the restaurant and the detached accessory dwelling are on separate lots; 3) The mix of commercial/accessory residential uses on this property and the split zoning is not a unique situation. Approval of an MRD appeal in this case could create a public perception that this exemption process is an appropriate method for seeking division of these types of properties; 4) Comparison of the MRD and subdivision processes as they may apply to this particular case shows minor differences in application requirements and the public hearing process. If modifications or waivers are to be considered for an application involving this property, staff recommends that the exemption process be used, rather than changing the subdivision process for this specific case.

Ms. Evans stated that as directed by the Board at the previous hearing, she and Ms. Haag compared the processes and requirements of MRD's and subdivisions and found some minor differences and they concluded that it would be more appropriate to allow an MRD application to be submitted for evaluating the land division and to leave the subdivision process and regulations intact; therefore, staff is recommending that an MRD application be allowed to be submitted in this case. Ms. Evans stated that since this is what the applicants were requesting, a formal meeting with their attorney was not held. Ms. Evans referred to pages 21 & 22 in the staff report to the comparison of standard submittal requirements for the MRD and subdivision process and she outlined the following changes that staff is willing to make to the MRD requirements: 1) 30 copies of the sketch plan and project narrative instead of 40; 2) Soil maps/tables of interpretation not required; 3) Preliminary drainage report requirement is subject to the Engineering Department; 4) Sewage disposal report not applicable because septic systems are installed; 5) Irrigation plans not applicable; 6) Preliminary homeowners association documents are not applicable, but they would like to have a maintenance agreement; 7) Wildfire report can be delayed until after review by County Wildfire Safety Coordinator as it may not be needed; 8) The geologic hazard evaluation and report from a professional geologist, with review by the Colorado Geological Survey, will be required and not waived. Ms. Evans cautioned the applicants that approval of this appeal request does not guarantee approval of the MRD.

Mr. Hammond, attorney for the applicants, stated that apparently there was a misunderstanding because he understood, and as reflected in the Minutes of the May 18, 1998 hearing, he was to be included in the meeting with Ms. Haag and Ms. Evans to work on the recommendations and alternatives for streamlining whichever development process was chosen. Mr. Hammond submitted and reviewed a resolution he prepared listing important items, which he was going to present for consideration at that meeting; he noted that many of his suggestions have been covered by Ms. Evans and he expressed appreciation to her for those items that can be waived. Mr. Hammond stated, however, that they do take exception with the requirement for the geologic hazard report because it will not change the situation and he requested clarification whether or not it will be required as it is costly and, if it is not going to be required, they do want to submit something that in the end may not be required; he noted that they are willing to have a statement on the plat that no hazard report has been submitted or approved by County and any buyer should be aware of this when purchasing the property. Ms. Evans suggested that if the Board approves the appeal today, they could specify what items should or should not be submitted, or a condition of approval could be written that the geologic hazard mitigation report could be put off until after the hearing and if the MRD is approved. Commissioner Disney stated that they are not trying to be difficult by asking for the geologic report, but this site has an obvious geologic hazard slope and he is afraid that if they waive the requirement for this proposal where it is so obvious, they will be expected to waive it for others; Commissioner Clarke concurred that the geologic hazard report should be done. Mr. Hammond asked if the applicants need to pay an additional application fee of $1,600, since they are appealing from an existing application which has been filed; the answer was that they to have to pay that fee. Questions from the Board and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Lampert Minor Residential Development Appeal (#98-EX1212), with the modifications to the MRD submittal requirements as outlined by Ms. Evans.

Motion carried 3 - 0.

6. JENNAWAY ZONING VIOLATION (#98-ZV1200): 420 TRILBY ROAD

(LOT 1, HANSEN MRD)

This alleged violation is for vehicle repair, storage of inoperable vehicles, household appliances, other junk and debris in the FA-1 Farming Zoning District. Mr. Pedas submitted photos of the alleged violation, described the location and provided the background information, and reviewed the major issues and concerns; he noted he visited the site this morning, and some of the appliances have been removed. Mr. Pedas stated that across the street to the south of this property is a mobile home park which recently has undergone a favorable transition into a nice looking mobile home park and this positive change in appearance has made the subject property standout as quite negative. Staff findings are: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zoning District does not permit vehicle repair or junk yards; 3) The use of the property is totally inconsistent with the character of the residential neighborhood; 4) Continued use of the property inconsistent with the zoning will effect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. The property owner was not present for today's hearing.

Tony Neff, maintenance man for the Pleasant Grove Mobile Home Park, stated that over the past two years they have made drastic changes in the park to make it attractive and appealing and during that time, the subject property has been deteriorating rapidly. Doran Johnson, on-site manager of the mobile home park, noted that his job is to get people to move into the park and he is having a difficult time getting them to move in the front row because of this property and he also cited concerns of the Sheriff's Department regarding activities on this property. The Board complimented Mr. Neff for the improvements he has made in the mobile home park.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and, in the matter of the Jennaway Zoning Violation, find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The hearing adjourned at 3:55 p.m.

TUESDAY, JULY 7, 1998

ADMINISTRATIVE MATTERS

(#354)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioner Disney was present. Also present were: Mark Peterson, County Engineer; Ralph Jacobs, Director Human Services; Patsi Maroney, Compensation & Benefits Specialist; Janelle Henderson, Director Natural Resources; Greg Pickett, Director Parks and Open Lands; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Elaine Spencer, whose home is 100 yards off Douglas Road, expressed concern about Douglas Road being one of three routes being considered for a truck bypass and she wanted to know what can be done to prevent it. Mr. Peterson stated that Mr. Engemoen, Director of Public Works, is participating in the study group to keep apprised of the situation and to watch out for the interests of the citizens of Larimer County; he noted that at this point, the group is doing a re-study and nothing has been formulated beyond possible routes. Ms. Spencer stated that she does not want to be complacent about this because it is in her backyard and she asked about other possibilities to discourage truckers from going this way; much discussion followed. Commissioner Disney reviewed other options which have been considered and he stated that any time there is road relocation, it displaces people and they don't like it; however, to somewhat alleviate her fears, he noted that there is a tremendous shortage of County and State funds for roads and bridges. Chair Olson informed Ms. Spencer of a citizens group which has been formed to stay on top of this issue and noted she might feel more empowered in this group and have a place to be heard; Mr. Engemoen will contact Ms. Spencer with the name of the person to call to find out about this group.

2. APPROVAL OF MINUTES FOR WEEK OF JULY 29, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of July 29, 1998, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JULY 13, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of July 13, 1998, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for July 7, 1998:

LIQUOR LICENSES: 6% SPECIAL EVENTS PERMITS were issued to Vajradhatu - Red Feather Lakes for July 11 and August 7, 1998. County approval for renewal of licenses was granted to: Two licenses for the Forks General Store - 3.2% & 6% - Livermore, CO.; Taharaa Mountain Lodge - 6% - Estes Park, CO. and four 3.2% licenses for Conoco #06382 - LaPorte, CO.; Conoco 06381 - Bellvue, CO.; Conoco #06358 - Loveland, CO. and Conoco #06354 - Fort Collins, CO.

A98-100 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT

REQUIRING THE CONTROL OF LEAFY SPURGE AND CANADA

THISTLE ALONG COMMON WATERWAYS AND COUNTY

BORDERS BY AND BETWEEN THE RESPECTIVE BOARD OF

COUNTY COMMISSIONERS OF ADAMS, BOULDER, LARIMER,

MORGAN AND WELD COUNTIES

A98-101 SUBDIVISION IMPROVEMENTS AGREEMENT RELATING TO

DEVELOPER'S OBLIGATIONS BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND BOEDECKER PRAIRIE

TRAILS, L.L.C.

A98-102 SUBDIVISION IMPROVEMENTS RELATING TO DEVELOPER'S

OBLIGATIONS BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND NORTH HOUSE L.L.C.

A98-103 AGREEMENT TO PURCHASE SERVICES BETWEEN THE BOARD

OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT

OF LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES AND

COURT-APPOINTED SPECIAL ADVOCATE, INC. (CASA)

A98-104 AGREEMENT FOR PLANNING CONSULTANT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BUSINESS

RESOURCE GROUP (Provide Planning Services to Help Define County

Facilities Needs and Projects)

C98-28 CONTRACT/AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WESTERN MOBILE NORTHERN, INC.

(1998 Resurfacing Program - Project No. 217)

R98-109s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR TRAPPER'S POINT SUBDIVISION

Motion carried 2 - 0.

5. FINAL PLAT FOR MALOOF MINOR LAND DIVISION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the Maloof Minor Land Division, and authorize the Chair to sign same.

Motion carried 2 - 0.

6. EMPLOYEE ASSISTANCE PROGRAM FOR 1999:. Mr. Jacobs noted that as part of the Board's Goals and Work Plan for 1998, the Human Resources Department was asked to examine options to implement an Employee Assistance Program (EAP) for 1999. Mr. Jacobs updated the Board on their review of three (EAP) options and recommended Board approval to pursue an inter-governmental agreement with Cooperating Agencies Saving You (CASU) to offer EAP services to Larimer County employees. Mr. Jacobs stated that reference checks of three agencies that use the CASU EAP show a high satisfaction level and it appears to be a quality program at a lower cost; he noted that the cost of the program will be charged to the departments on a per-employee-per month basis in order to distribute the costs on the program through all funding sources and the estimated 1999 cost of the EAP program is approximately $22,000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Human Resources Department to work with CASU to enter into an inter-governmental agreement to offer EAP services to Larimer County employees starting January 1, 1999.

Motion carried 2 - 0.

7. REQUEST FOR ADDITIONAL EQUIPMENT OPERATOR POSITION AT THE LANDFILL: Ms. Henderson requested Board approval to add one full-time regular equipment operator position at the Landfill; she noted that the landfill manager used to do quite a bit of the equipment operation but now his time is mainly supervising operations, plus he has a severe back injury and has been restricted by his doctor. Ms. Henderson continued that, in addition, the landfill assistant manager is doing a lot of surveying for the landfill's vertical expansion; therefore, because of the loss of services from both of these individuals, they are short one full-time equipment operator and with the volume of traffic they are having, they are having trouble keeping up, especially on weekends. Ms. Henderson stated that this position can be funded with existing funds; questions from the Board and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the addition of one full-time regular Senior Landfill Equipment Operator position, as requested by Ms. Henderson.

Motion carried 2 - 0.

8. APPOINTMENT OF REFEREE'S FOR BOARD OF EQUALIZATION: Mr. Lancaster requested Board approval of a resolution to appoint referees to conduct the Board of Equalization hearings this year; he noted that for the last twelve years the referees have been paid $20 per hour and, after checking with surrounding communities (Boulder, Jefferson, etc.), it was learned that they pay their referees $50 per hour. Mr. Lancaster stated that the referees are independent contract employees and so after they pay their own taxes, they probably only receive half of the amount; after discussion, the Board decided to increase the pay for the referees to $40 per hour.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution providing for the appointment of LaVerna Barnhart and Robert Keiss as independent referees for 1998 to conduct hearings on behalf of the Larimer County Board of Equalization, at a pay rate of $40 per hour.

Motion carried 2 - 0.

R98-110g RESOLUTION PROVIDING FOR THE APPOINTMENT OF

INDEPENDENT REFEREES TO CONDUCT HEARINGS ON

BEHALF OF THE LARIMER COUNTY BOARD OF

EQUALIZATION

9. WORKSESSION:

-- Worksession Televised: Mr. Lancaster asked the Board if they would like to televise the worksession this Thursday since they will be discussing Chapter 33; the Board responded in the affirmative that they would like that portion of the worksession televised.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

10. UPDATE ON FAIRGROUND: Mr. Pickett provided an update for the Board on the petition signing for the Fairgrounds initiative; he noted it is going very well as they presently have over 7,000 signatures and their goal is to obtain 10,000 signatures certified by the Elections Department and they are optimistic that by July 16, 1998 they will have that amount. Mr. Pickett stated that they have completed their presentations regarding the Fairgrounds initiative to all the elected bodies throughout Larimer County, and they have been very receptive and supportive, and they have also made presentations to the Chamber of Commerce, Economic Development Councils, Private Industry Councils, etc.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:10 a.m. with Mr. Pickett to discuss property negotiations.

Motion carried 2 - 0.

The Executive Session ended at 10:30 a.m.; no action taken.

At this time, Assistant County Attorney Jeannine Haag, Right-of-Way Agent Jerry White, Rob Helmick, Senior Planner, and Matt Lafferty, Planner II, joined the meeting for Legal Matters.

11. LEGAL MATTERS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:35 a.m. to obtain legal advice.

Motion carried 2 - 0.

The Executive Session ended at 10:45 a.m. and the following action was taken:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a contract to sell the land, which was donated by Bob Ramsey to the Open Lands Program, for $250,000, and authorize the Chair to sign same.

Motion carried 2 - 0.

C98-29 CONTRACT TO SELL LOT B, RECORDED EXEMPTION #RE 301

29.63 ACRES IN BERTHOUD, CO. TO MARGARET E. AND

JERRY J. SCHULZ

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:50 a.m. to seek confidential legal advice concerning potential litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:20 a.m.; no action taken.

THURSDAY, JULY 9, 1998

UPDATE ON GLACIER VIEW MEADOWS

(#355 @ 200)

The Board of County Commissioners met at 1:30 p.m. in regular session with Russ Legg, Larimer County's Representative in the Glacier View Meadows Management Group; Chair Olson presided and Commissioner Disney was present. Also present were the following members of the Management Group: Steve Koeckeritz, Glacier View Meadows Representative; Paul Porter, Developer's Representative; Kelly Curtis, Manager of the Glacier View Meadows Water and Sewer and Road and Recreation Associations; Chris Schaun, Operations Supervisor; Ed Young, Secretary of the Water and Sewer Association; Merle Neilhause, Director of the Road and Recreation Association; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Mr. Legg stated that the purpose of today's meeting with the Board is to present the annual report of the Glacier View Meadows SIA Management Group; he noted that because the Group is an informal half-County group and they are working under a Court Stipulation, they wanted to have a record of this meeting, but no action is being requested. Mr. Legg reviewed the historical background of Glacier View, noting that following the commencement of a foreclosure action by Larimer County against properties pledged by the Developer to guarantee completion of the improvements, in 1990 the County and the Developer entered into a Stipulation in settlement of the litigation. Mr. Legg continued that under the terms of the Stipulation, the collateral properties, consisting of 55 lots located in Glacier View Meadows and Crystal Lakes, and a 200-acre parcel near Glacier View Meadows, were transferred to the County. At that time, the Board appointed a committee consisting of three members, one from the County Planning Department, one recommended by the Developer, and one recommended by the Glacier View Associations, to oversee the liquidation of the collateral properties and completion of the improvements to the extent possible from the proceeds of the property sales.

Mr. Legg stated that during the time from 1991-1994, the Management Group liquidated the 200 acre parcel and 4 lots yielding $175,839.50 in net proceeds; out of these proceeds, $59,153.00 was paid to Larimer County in reimbursement of delinquent property taxes which had accumulated prior to the transfer to the County and the remaining funds were applied toward the construction of various subdivision improvements. Mr. Legg stated that they are in a major construction phase and just completed Phase I and starting Phase II; he reviewed what has been completed and what is planned in Phase II.

Mr. Koeckeritz stated that when the Management Group was formed, they inherited the obligations of the developer under the SIA and as they began to analyze the scope of those subdivision improvements, they realized that they were looking at a total project of between $2,000,000 and $3,000,000 in subdivision improvements; he continued that since the collateral properties guaranteeing that were not valued that high, they commissioned a feasibility study to analyze what options might be available to scale the project down. Mr. Koeckeritz stated that the feasibility study identified a number of alternatives, which were reviewed by the County Health Department and, the alternative recommended by the Management Group and adopted by the Board in 1995, was for the 12th Filing community water and sewer system to be substantially reduced in scope; he reviewed the revised plan. Mr. Koeckeritz stated that they began marketing the properties in the early 90's and so far have generated $460,000 in net proceeds from the sale of collateral lots and now have $80,000 in escrow account; however, $20,000 of this amount is committed to payment of the balance of Phase I and an engineering study for Phase II. Mr. Koeckeritz stated that given the shortage of funds they are facing, they have also found it necessary to establish an availability fee of $5,000, which will be assessed against the 64 properties served by the 12th Filing community water system and will become payable upon the extension of service past those properties; he noted that letters have been sent to property owners to inform them that they are going to be subject to this availability fee. Mr. Koeckeritz stated their goal for next year is to raise the funds to complete Phase II; he noted that with the current funds of $60,000, the availability fee generating $280,000, and future sales proceeds of $300,000, they will have a total of approximately $640,000. Mr. Koeckeritz thanked Mr. Porter, Ms. Curtis, Jerry White, and Russ Legg for their hard work and involvement in this endeavor. Mr. Legg acknowledged that this is a unique arrangement because rarely do the property owners, the existing associations, and the County all work together to try and get out of a bad situation.

Mr. Legg stated that they have asked Lorrie Wolfe, Grant Writer for the County, to check and see if there are any grant monies available for this project; he noted that the County's objective is to reach the point when the Management Group can be dissolved, which will be when all the lots are sold. Mr. Koeckeritz stated that 31 of the 55 lots have been sold and he noted that it would be helpful if they could obtain a loan to complete the improvements sooner. Mr. Koeckeritz reviewed several matters that might generate some controversy during Phase II.

Ms. Curtis presented a notebook and photos documenting what has been accomplished during Phase I; she noted that one thing that has helped them save money with this project was the involvement of Colorado Rural Water as they were able to keep engineering costs at a minimum.

The meeting adjourned at 2:40 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.