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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 13, 1998

LAND-USE PLANNING MEETING

(#356)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Matt Lafferty, Planner II; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Bill Van Horn requested that the Broadview Subdivision Replat of Lots 26 & 27 be pulled from the consent agenda to discuss one of the conditions.

1. AMENDED PLAT OF LOTS 32 & 33 OF CHARLES HEIGHTS 1ST

ADDITION, SECOND FILING (#98-SA1250): SE 1/4 - 35-05-73 - EAST

SIDE OF MEADOW LANE, NORTH OF SPRING LANE; 1.63 ACRES;

2 LOTS; E-1 ESTATE ZONING

This is a request for an Amended Plat to adjust the lot line between Lots 32 & 33 in the Charles Heights 1st Addition, Second Filing. 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 32 & 33 of the Charles Heights 1st Addition, Second Filing Subdivision.

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 Charles Heights 2nd Filing, Lots 32 & 33, Amended Plat (#98-SA1250).

Motion carried 3 - 0.

2. BROADVIEW SUBDIVISION REPLAT OF LOTS 26 & 27 (#96-SU0836):

35-04-73 - 1/2 MILE WEST OF MARY'S LAKE ROAD; LOT 26 IS ON THE

NORTH SIDE OF LOWER BROADVIEW AND LOT 27 IS ON THE SOUTH

SIDE OF LOWER BROADVIEW; 4.5 ACRES; 4 LOTS

This is a request to replat Lots 26 & 27 of Broadview Subdivision to create four lots for single family use. Staff findings are: 1) The request proposed lots for single family use at a size which is consistent with the surrounding neighborhood; the applicants have provided evidence of significant neighborhood support for the request; 2) use and proposed average lot size of this division is consistent with the adopted Estes Valley Plan; 3) No agency has identified a conflict with the proposed subdivision. The requirements of the Engineering Department and the Town of Estes Park Water Department will be complied with providing adequate facilities for this division; 4) Although the roads will not meet the specific technical standards, the general improvement provided by this request to roads and water supply/fire protection are a significant improvement to the general condition of the neighborhood; 5) The lot sizes proposed are not consistent with the existing zoning, but are consistent with the action of the Larimer County Board of Adjustment approval of lot size variances; 6) As previously noted, the proposal will have the effect of improving the level of services and facilities in the immediate area; 7) The proposal will not have an adverse impact on the surrounding area, responds to the comments of referral agencies, and is consistent with the intent and purposes of the regulations.

Mr. Helmick stated that the applicants have a question about condition #6, which is the requirement for a fire hydrant and sprinklers to be installed for all new structures; he noted that their concern is that with the new water line, which they are funding as part of this proposal, there will be a fire hydrant in close proximity to both of these new lots. Mr. Helmick stated that he would be willing to recommend to the Board that condition #6 be modified to indicate that residential fire sprinklers are required only if the Estes Park Fire Department requires them; he noted that his understanding is that the water line will be of sufficient size for a fire hydrant and if the District feels there is adequate pressure and flow in that hydrant, then sprinklers would not be required if they can meet the fire standard. After discussion, the Board revised condition #6, as shown below.

The recommendation of the Planning Commission/Staff is for approval of the Broadview Subdivision Replat of Lots 26 & 27, subject to the following conditions: 1) All structures will require engineered footings and foundations; 2) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a certificate of occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 3) All final plat requirements shall be complied with; 4) Park, school and road fees shall be paid at the time of building permits; 5) Fencing on lots shall be consistent with the fencing on Lot #28; 6) Fire hydrant shall be installed and, if required by the Estes Park Fire Department, residential fire sprinklers required for all new residential structures, if the hydrant cannot meet their fire standards; 7) Road plans to include pullout-turnaround for emergency vehicles; 8) Water and sewer line extensions are required; 9) All commitments of record and in the file must be complied with; 10) Applicant shall submit a plan for roadway improvements to the Engineering Department; 11) The applicants shall dedicate additional ROW as necessary, on Lower Broadview; 12) A subdivision improvements agreement shall be submitted for review and approval prior to a hearing with the Board of County Commissioners; 13) This approval includes the approval of a waiver for the adopted road standards as determined by the Engineering Division for this subdivision; 14) This approval shall include a waiver from the fire protection standards of the Water, Sewer, Fire Policy manual for water pressure and distance to fire hydrants; 15) The applicant shall complete and implement the road association, which was a part of the Preliminary Plan application

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation, with the conditions as outlined and amended, and approve the Broadview Subdivision Replat of Lots 26 & 27 (#96-SU0836).

Motion carried 3 - 0.

The hearing adjourned at 3:10 p.m.

TUESDAY, JULY 14, 1998

ADMINISTRATIVE MATTERS

(#356 @ 300)

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: John Pedas, Code Enforcement Officer; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Johnston, property owner of 311 North U. S. 287, Brent Henderson, owner of Quality Living Homes, Mike Ramstack and Larry McCreary, Realtors, addressed the Board during the open session for public comment. Mr. Henderson stated that he sold a modular home to Mr. Johnston to place on his property but he has been unable to obtain a building permit. Mr. Johnston is not disputing what Mr. Pedas wants done with regard to improvements on the property, such as landscaping, fencing, etc., but it just makes sense to do them in an order different than what is required; Mr. Johnston has signed a letter that the improvements will be done by the year 2000. Mr. Johnston noted that in the Findings and Resolution approved by the Board on August 13, 1986, it says that outdoor storage of boats and autos and an office residence are allowed on this property. Mr. Ramstack submitted a copy of the F & R, an updated improvement agreement in which a timeline was given to have all the improvements completed by the year 2000, and a letter submitted on June 23, 1998 outlining the projected schedule of improvements; it was noted that after that letter was received, Mr. Johnston was given the go-ahead that a permit would be issued and then a week letter he received a letter from Mr. Helmick and Mr. Pedas stating that the building permit application were being placed on hold.

Mr. Pedas stated that if Mr. Johnston wants to continue storing automobiles and run his business known as Tom's Towing, he must apply for an additional use as the special use granted was never approved for impoundment or a towing business; he submitted the plan being considered and pictures of the subject property. Mr. Pedas stated no where in the zoning or the resolution or the PUD approval does it say that Mr. Johnston can run a towing business, store vehicles that are impounded waiting for release by an insurance company or the State Patrol, or automobiles that are removed because they are traffic hazards. Mr. Pedas stated that they would have to agree not to run the towing business before the building permit can be released. Mr. Ramstack stated that in the F & R, it notes that the property was rezoned from R-2 Residential to I-Industrial and it is incomprehensible to him that a business cannot be run in an I-Industrial Zone. Mr. Johnston stated that it costs him $200 every day he is being held up on this. Chair Olson asked him if he is saying he is not going to run his towing service from this site and that it is going to be for the original use of automobile storage only; he stated that it is not going to be a wrecking yard. Commissioner Clarke stated that the zoning was changed for special use for a storage facility on this site, but it doesn't say tha one can do anything allowed in that zoning, and the things that are allowed on this property were by a specific kind of approval tied to this PUD and it is obvious that the use being contemplated is a greater intensity Mr. Johnston needs to go through the process to get this use allowed. The Board suggested that Mr. Johnston meet with Mr. Pedas and work out a plan for getting this additional use approved.

2. APPROVAL OF MINUTES FOR THE WEEK OF JULY 6, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of July 6, 1998, as submitted.

Motion carried 3 - 0.

3. AMENDMENT TO THE MINUTES FOR THE WEEK OF JANUARY 6, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve an amendment to the Minutes of January 6, 1998 to add the salary amount of $55,582.80 to the section of Administrative Matters dealing with the Amendment to Resolution Establishing Compensation for Appointed Officials, as it pertains to the Rural Land Use Center Director.

Motion carried 3 - 0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF JULY 20, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of July 20, 1998, as submitted.

Motion carried 3 - 0.

5. 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 on Document Review for July 14, 1998:

APPOINTMENT TO BOARD OF APPEALS: Ken Hood was appointed to the Board of Appeals for a three-year term, effective July 1, 1998 through June 30, 2001.

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Richard William Dietz (2 petitions); Robert E. & Judy Papish; Anthony C. & Caroline F. Staiano; Merrill L. & Barbara J. Anderson (2 petitions); Raoul R. & Kimberly J. Bartsch; Lasalle Exchange Corp.; Patrick Giesey; Herman J. & Florence I. Wisek; Leslie A. & Anna Mae Peterson; David C., Marvin R. & Edith Keller.

MISCELLANEOUS DOCUMENTS: Amended Plat of Lots 32 & 33 of the Charles Heights, 1st Addition, 2nd Amended Filing; Condominium Map for Colona Condominiums; Sander Miner Land Development Plat; Check Warrant Register for June 1998 for Human Services; and the Larimer County Ownership Program.

LIQUOR LICENSES: Licenses were issued to Villa Tatra - 6% - Lyons, CO., and Red Feather Supermarket - 3.2% - Red Feather, CO. County approval for renewal of liquor licenses was granted to: Dal-Rae's High County Inn - 6% - Red Feather Lakes, CO.; Cottonwood Hollow - 6% - Livermore, CO. and Custom Cakes & Catering, Inc. dba 19th Green - 6% - Wellington, CO.

A98-105 COMPUTER SOFTWARE LICENSE AND MAINTENANCE

AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND FORMULA CONSULTANTS, INC.

A98-106 GRANT OF EASEMENT AND AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FORT COLLINS

FITNESS & TENNIS, LTD. (For construction of a storm sewer system

in Fort Collins Industrial Park)

C98-30 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, FOR THE

USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY,

DIVISION OF CRIMINAL JUSTICE (Annual Renewal of the Adult

Services FY 98/99 Contract

C98-31 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS FOR THE USE AND BENEFIT OF THE LARIMER

COUNTY MENTAL HEALTH CENTER AND THE STATE OF

COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT

OF HUMAN SERVICES, MENTAL HEALTH SERVICES

(Renewal of the State Mental Health Services Contract)

D98-12 DEED OF DEDICATION FOR ROAD RIGHT-OF-WAY BY

DARLENE AND CONRAD THEODORE SWANSON AND JOYCE

MARIE JOBSON AS CO-TRUSTEE OF THE RUEBEN T.

SWANSON TRUST (Dedication for Road ROW - Project #225)

Motion carried 3 - 0.

6. APPROVAL OF LEASE FOR JUVENILE ASSESSMENT CENTER: Mr. Lancaster noted that as contract negotiations regarding this lease are still in progress, he asked that this item be removed from the agenda; Chair Olson agreed.

7. WORKSESSION:

-- Approval of Five Employee Awards: Mr. Lancaster described an incident in which a county employee in the Motor Vehicle Department was exposed to a bat in the office; he noted that over the July 4th weekend, Dave Spencer, Dick Anderson, Jerry Sigward, Dennis Stouffer and Sonja Stephens assisted in the coordination of numerous activities to abate a bat infestation and potential hazardous exposure to other county employees. Mr. Lancaster stated that if these persons had not worked diligently over the 3-day weekend, the Motor Vehicle Office would have had to have been closed for 2 or 3 days; he noted that as a small token of appreciation, the Board is being requested to approve a $100 cash bonus to be given to each of these employees for unselfishly giving their time without remuneration over the holiday as they are not eligible for overtime compensation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a cash bonus of $100 for Dave Spencer, Dick Anderson, Jerry Sigward, Dennis Stouffer and Sonja Stephens for their work over the holiday weekend to abate a bat infestation and potential hazardous exposure to other County employees; funds for this bonus will be derived from existing budget funds in the Facilities Department.

Motion carried 3 - 0.

-- Mr. Lancaster stated that the District Attorney's Office had a position dropped off their staffing document because they didn't fill it within six months; he requested Board approval to reinstate the position of DSTATT026 in the District Attorney's Office.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners reinstate the position of DSTATT026 in the District Attorney's Office, as requested.

Motion carried 3 - 0.

8. COMMISSIONERS' REPORTS:

-- Commissioner Clarke stated that he received a letter from CCI asking if the Board has some specific issues to be considered when they have their policy discussions; he noted that a policy development timetable was sent, which is for August 27 & 28 and September 3 & 4, and he asked if the Commissioners wish to attend. The Commissioners will check their schedules and coordinate these discussions and dates into their schedules.

-- Chair Olson stated that she showed the annual report video to the Local Legislative Affairs Committee of the Fort Collins Chamber of Commerce and they liked it.

-- Chair Olson noted that Jeff Hindman called this morning regarding the sewer service to Riverside Farms.

-- Commissioner Disney reported on the meeting he attended earlier this morning with representatives from the North and Upper Front Range Transportation Planning Regions; he noted they are trying to deal with the Statewide formula for the allocation of funding, which is very complicated.

9. LEGAL MATTERS: There were no legal matters today.

The meeting recessed at 10:20 a.m.

PUBLIC HEARING REGARDING FORMATION OF MIRAVALLE AND

MOUNT VIEW LOCAL IMPROVEMENT DISTRICTS

(#358 & #359)

The Board of County Commissioners reconvened at 7:00 p.m. at the Loveland Library for a Public Hearing to consider formation of local improvement districts for the Mount View and Miravalle Subdivisions. Chair Olson presided and Commissioner Disney was present. Also present were: Rex Burns, Special Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, Sherry Graves.

Chair Olson opened the public hearing and introduced staff. Mr. Burns stated that tonight's hearing is an advertised public hearing being held by the County pursuant to State Statutes which provides for counties in Colorado to form local improvement districts, which are Statutory entities that can be created for financing and constructing public improvements, such as roads, streets, sewer, drainage, etc. Mr. Burns explained the procedure for forming a local improvement district; he noted that after a petition is signed by at least 60% of the property owners, the County considers the improvements and holds a public hearing and, if approved, the Clerk & Recorder holds an election under the State Election Laws to determine if the majority of the property owners want a special assessment and whether to fund the improvements with a bond issue to pay for them, plus interest and other incidental costs. Mr. Burns reviewed the similarities between the two districts being considered tonight and described their locations and the proposed improvements.

1. MOUNTVIEW SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1998-3: Ms. Martell stated that the proposed cost of the LID for Mountview is $300,000, there are 35 lots in the subdivision, the assessment for each lot will be $8,571, and the amortized payments, figured at 8% interest, would be $985 per year for 15 years. Ms. Martell noted, however, that they just sold bonds on a similar project at 5.09% interest, which hopefully will hold until next year. Ms. Martell stated that she received a petition signed by 68% of the property owners in the proposed district, or 24 out of 35 properties.

At this time the following persons addressed the Board with their concerns: Margorie Kane, Joyce Joy, Michael Radice, Larry Schutz, Jan Wilson, Larry Kane, Maralyn Radice, Bob Kavli, Sherlyn Ridder, Bob Coats, Brad Moore, John Voss, and Arnold Right. Many concerns were raised regarding the speeding cars on their roads and the probability of that increasing when the roads are improved and they asked what can be done to alleviate this problem. Commissioner Disney stated that currently there is a committee working on a policy recommendation for calming devices to address this concern; Chair Olson added that they have completed their task and the policy must now go through the public hearing process before being adopted. A concern was raised about the Class 3 designation for the roads and how long it will take before their roads are plowed after a snow storm; Mr. Burns stated that after the improvements are made and meet County standards, the County will take them over for maintenance and, of course school routes and major arterials have to be plowed first. The three property owners that live on the south end, and are not in the Mountview Subdivision, asked why they were included in the district and indicated that they do not wish to be included; they asked if they can refuse to pay the special assessment. Mr. Burns stated that the County is obligated by law to treat all property owners the same and, because these three property owners will benefit from the improvements, they have to be included in the special assessment. Mr. Radice asked for a copy of that law, which Mr. Burns stated he will provide for him. The question was asked if fire hydrants are included in the assessment; Ms. Martell stated that there will be one fire hydrant installed. Questions were also asked about culverts and Mr. Burns responded that it is figured in the cost estimate to replace those culverts that need replacement and some additional culverts will also be installed. Concerns of property taxes skyrocketing were raised; Mr. Burns responded that the assessment will not start until the year 2000. A concern was raised regarding the possibility of another subdivision adjacent to this one being approved and having access through their subdivision; the Board advised that if another subdivision is proposed adjacent to this one, there will be opportunity for citizen input at a public hearing. Ms. Radice stated that this assessment is approximately a 70% increase in their taxes and she said there has to be a different solution; she noted that at a meeting held last November, staff was asked to come up with other alternatives for the property owners to consider and, at that same meeting, they were also told that their missing "No Outlet" would be replaced and that has not happened. Mr. Burns stated that they have prepared alternatives for either doing some of the roads or all of the roads; he admitted that he forgot the "No Outlet" sign and he will get Road and Bridge to take care of that request. Ms. Radice stated that she and her neighbors were not ever asked to sign the petition. Mr. Kavli asked for a definition of "benefit" because he doesn't see a benefit in having a paved road; Mr. Burns responded that Statute provides several different definitions of "benefit" and it is his opinion that these improvements will increase the market value of the homes in the district. Ms. Radice stated that being on a dirt road has not hurt her property values because in the 22 years she has lived in her home, the value has increased 800%. Mr. Radice asked why there are two properties excluded from this assessment; Ms. Martell explained that those two properties do not access the roads being improved and so there is no benefit to them. Mr. Radice asked whose decision was it to include the three southern properties; Mr. Burns responded that the decision was made by staff because those properties benefit and must be included by law. Mr. Kavli stated that the people on the south end are not against improving the road, but the County needs to find a way to do it so it won't cost $1,000 a year and he asked if the cost will increase more; Ms. Martell responded that the cost will not increase over $300,000 and the assessment will not increase, and if it costs more, the improvements will not be made. Ms. Martell explained that there is a 20% contingency built into the cost to cover inflation; Mr. Burns explained how the cost of a project of determined. Ms. Ridder stated that the homeowners have been informed of costs and alternatives and the $1,000 per year broken down is $60 to $70 per month; she suggested that since the three people on the south don't want to be assessed, they need to build their own road and not drive on this road. Ms. Wilson stated that in talking to realtors and mortgage companies, she realizes that if you do not live on a decent road, they will not give you a loan. Mr. Coats asked, subtracting the 20% contingency and obtaining bonds at 5%, what the cost might be; Ms. Martell responded that it probably would reduce the assessment by $75 to $100 per year. Mr. Coats stated that he has been through this process two other times, and in both cases, the property values more than offset the cost of the roads. Mr. Moore asked if a cul-de-sac will go in on Middle Road and extend to the east; Mr. Burns stated that the intent is to build a turn around at the end and it is not intended to be a stub to any new subdivision in the future. Mr. Voss asked if there is the option for paying the whole amount upfront or paying 1/2 and amortizing the remainder; Ms. Martell responded in the affirmative and said the only way to eliminate paying interest, is to pay the whole assessment upfront. Ms. Kane stated that they did attempt to get everyone's signature on the petitions; however, as they talked to the three property owners on the south by phone and ascertained that they were totally against the district, they didn't go to their homes in person for signatures. Further questions regarding financing and discussion followed. Chair Olson explained that approval of the resolution tonight will place the issue on the ballot in November.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the resolution creating the Larimer County Local Improvement District No. 1998-3 for Mountview Subdivision, in the County of Larimer, Colorado, ordering the construction, installation, completion, and acquisition therein of certain local improvements, together with any necessary incidentals and providing for the issuance of bonds in payment for said improvements, and providing for other details in connection with the district, and authorize the Chair to sign same.

Motion carried 2 - 0

R98-111d RESOLUTION CREATING THE LOCAL IMPROVEMENT

DISTRICT NO. 1998-3 FOR MOUNTVIEW SUBDIVISION

2. MIRAVALLE SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1998-2: Mr. Burns stated that the improvements were described at the beginning of tonight's hearing; he noted that the improvements are designed for 20-year life and the County will accept the streets for maintenance when improvements are completed. Ms. Martell stated that 68% of the property owners signed the petition for approval and there are 31 lots in the subdivision, the cost per lot is $6,129.00 for 15 years for $716 per year figured at 8% interest. Monty King stated that their property was designated as being on a private drive and sold to him that way 15 years ago; he noted he originally went along with the paving, but then overnight he was informed that the private drive was now a county road. Jim Crowder explained that when the property was purchased 30 years ago from Ted and Harry Yelek, this road was left private as it was not part of the main thoroughfare and so Harry kept it in his name; he noted that Harry has now deeded the road over for public use and it didn't require a public hearing because it was his private property to do as he wished. Ms. Martell stated that Calle Drive and Violet Drive are shown on the plat as private drives and by law the County cannot include private roads in an improvement district. Mr. King reiterated that it was not sold to him that way. Kathy Vance asked if their are future ramifications if this district is formed; Mr. Burns stated that it is a one-time thing and there is no further tax liability - the County does its thing and then goes away. It was asked if the cost would increase if more hydrants were installed; Ms. Martell stated that the district as proposed cannot be changed but the owners could pool their money and have more installed if they want. Mr. Crowder stated that there are 4-inch lines in this subdivision and they will not put a hydrant on a 4-inch line and so they would have to put in a whole new system. Jim Prosser stated that he is very much in favor of this because of the dust problem and bad surface road and he thinks the paved road will actually be safer. Mr. King asked if the property which includes the side road to the stables will be included in the district; Ms. Martell responded in the negative. Mr. Burns added that the policy is to make an assessment where there is a house or a lot upon which a house could be built. Tom Page stated that the outlot is used by ten of the houses in the subdivision for recreation and they tried to make it a separate organization for taxing purposes and the County said "No" and that is why it is not included. Mr. Page asked if you can make a partial payment up front; the answer was in the affirmative. Joel Freeland asked if someone has an extended driveway, can it be paved at the same time. Ms. Martell said "Yes" and to let her know if they are interested and she will inform the contractor and get an estimate of cost, which will be included in the bid and then the interested party signs an agreement with the contractor and pays them cash up front for the paving of the driveway. Mr. Crowder stated that he had horses which developed respiratory problems from the dust from the roads, and it cannot be good for humans either. Joseph Jacomini stated that he agrees with the health concerns as his son has asthma and he also requested a "No Oulet" sign be erected in their subdivision; Mr. Burns stated that he would have a sign put up for them also. Jim Prosser asked if there is some standard for speed on these roads; Mr. Burns responded that as part of the improvement design for both projects being considered tonight, that whatever policy they adopt, they will put in speed controls if the budget will allow for it and it will be signed accordingly - probably 25 mph.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the resolution creating the Larimer County Local Improvement District No. 1998-2 for Miravalle Subdivision, in the County of Larimer, Colorado, ordering the construction, installation, completion, and acquisition therein of certain local improvements, together with any necessary incidentals, and providing for the issuance of bonds in payment for said improvements, and providing for other details in connection with the district, and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-112d RESOLUTION CREATING THE LOCAL IMPROVEMENT

DISTRICT NO. 1998-2 FOR MIRAVALLE SUBDIVISION

The hearing adjourned at 9:15 p.m.

THURSDAY, JULY 16, 1998

WORKSESSION

The Board of County Commissioners met at 1:30 p.m. for a Worksession with The Nature Conservancy Land Trust representatives. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: K-Lynn Cameron, Manager Open Lands; Gregg Pickett, Director Parks and Open Lands, and John Heaton, Member Open Lands Advisory Board.

After the worksession, an Executive Session was held.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 2:45 p.m. to discuss land negotiations.

Motion carried 3 - 0.

The Executive Session ended at 2:57 p.m.; no action was taken.

___________________________________________

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

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.