Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 7, 1998

EXECUTIVE SESSION

The Board of County Commissioners recessed from their Worksession with the Planning Department Staff to go into Executive Session. Chair Olson presided and Commissioner Disney was present. Also present were: Larry Timm, Director of Planning; Al Kadera, Planner II and Jean O'Connor, Planning Department Senior Secretary; Frank Lancaster, County Manager; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:20 a.m. for discussion of possible contract negotiations and to seek legal advice.

Motion carried 2 - 0.

Commissioner Clarke joined the Executive Session at 10:30 a.m.

The Executive Session ended at 11:25 a.m.; no action taken.

PUBLIC HEARING FOR LANDFILL AND TRANSFER

STATION RATE INCREASE

(# 400)

The Board of County Commissioners met at 2:00 p.m. with Janelle Henderson, Director of Natural Resources, to discuss Landfill and Transfer Station rate increases. Chair Olson presided and Commissioners Clarke and Disney were present. Also present was: Frank Lancaster, County Manager. Recording Clerk, Gael Cookman.

Ms. Henderson presented the proposed Landfill and Transfer Station rates for 1999 explaining that the increase in rates is being proposed in order to offset inflation and to eliminate the "odd cent" charges that have resulted from a reduction in the State solid waste surcharge. Ms. Henderson explained that previously the State solid waste surcharge was either ten, twenty or thirty cents depending upon the type of waste or type of vehicle; however, in July of 1998 the State lowered the surcharge to either seven, thirteen, or twenty cents, which has resulted in several odd-cent charges that are slowing down transactions at the landfill gate. Ms. Henderson noted that the proposed rate increases range from three to six percent and they are scheduled to take effect January 1, 1999.

Gary Nation addressed the Board during public comment stating that he believes that the County would like to see the landfill stay open longer; however, the waste being diverted by some hauling companies is causing a shortage in revenue. Mr. Nation suggested that the Commissioners decide which is more important - extending the life of the landfill or increases in revenue; he also stated that it will not be economical for him to continue to haul his own trash if the rates are increased and suggested that the Natural Resources staff consider adjusting their hours of operation or cutting staff or programs to make ends meet.

Ms. Henderson explained that the landfill is supported with an enterprise fund and that no tax dollars are used to support its operations; she noted that in order to keep all programs in place they will need to raise rates. Ms. Henderson also explained that the proposed rates are very reasonable and well below the competition.

Matt Gallegos with Gallegos Sanitation Inc. addressed the Board with two questions: 1) Why did the compacted price costs increase by six percent, and 2) Would it be possible to have the rate increase go into effect on February 1st, rather than January 1st as they are required to give some of their customers at least 30 days notice?

Ms. Henderson explained that they had performed an extensive waste characterization study which indicated that the compacted trash accounted for most of the density placed in the landfill and the six percent increase in rates will allow compensation for this density.

Some discussion followed regarding whether or not the new rates should take effect in January or February and how the waste haulers should be notifying their customers. Since there has been public notice published in the papers and the waste haulers did have time to inform their customers of a potential increase in rates, the Commissioners agreed that the rate increase should take effect January 1, 1999.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt and institute the Landfill and Transfer Station rates as proposed by staff, effective January 1, 1999.

Motion carried 3-0.

The hearing recessed at 2:35 p.m.



LAND USE PLANNING MEETING

(#400 @ 1000)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present. Also present were: Sean Wheeler, Planner I; Rex Burns, 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.

1. AMENDED PLAT OF LOTS 1, 2, 3, 4 AND 10 OF BLOCK 20C OF THE

RAMONA HEIGHTS SUBDIVISION (#98-S1325): 28-10-73 - OFF

POCOHANTAS HIGHWAY NEAR RED FEATHER LAKES IN THE

RAMONA HEIGHTS SUBDIVISION; .57 ACRES+; 5 LOTS; O-OPEN

ZONING

This is a request for an amended plat to combine Lots 1, 2, 2, 3 and 10 of Block 20C within the Ramona Heights Amended Subdivision; said combining of lots will result in one lot being approximately .57+ acres in size. 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, except as noted with regard to the proposed vacation of the trail easement; 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 1, 2, 3, 4 and 10 of Block 20C within the Ramona Heights Amended Subdivision, subject to the following condition: 1) All corrections, as indicated above, shall be shown on the Final Plat prior to recording.

2. ROLLING HILLS 4TH FILING, LOT 2 RIGHT-OF-WAY VACATION

(#98-S1319): 18 & 19-08N-70W ON THE NORTH SIDE OF CR 54G,

SOUTH OF SH287 IN LAPORTE; 1 LOT; R-RESIDENTIAL ZONING

This is a request to vacate a 60' right-of-way easement along the west side of the property located at 4916 Pueblo Drive in LaPorte. Staff findings are: 1) The proposed easement vacation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The easement vacation is compatible with other development in the surrounding area; 3) Approval of the easement vacation 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 Vacation of the Right-of-Way along the south-west portion of the property located at 4916 Pueblo Drive in LaPorte, not to include any portion of existing utility easements.

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 1, 2, 3, 4 and 10 of Block 20C of the Ramona Heights Amended Subdivision (#98-S1325) and the Rolling Hills 4th Filing, Lot 2 Right-of-Way Vacation (#98-S1319); each, with conditions as outlined.

Motion carried 2-0.

The hearing recessed at 3:05 p.m.

CONTINUATION OF LAND-USE PLANNING HEARING

(# 400 @ 1005 & 401)

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: Rob Helmick, Senior Planner; Sean Wheeler, Planner I; Jeannine Haag, Assistant County Attorney, Rex Burns, Project Engineer; and Marc Engemoen, Director of Public Works. Recording Clerk, Gael Cookman.

Commissioner Disney noted that the Willow Ridge PUD was scheduled to be discussed secondly and he requested that the Board address this item first in order to allow the citizens that drove from Estes Park the opportunity to make their long drive home at a decent hour. Commissioners Olson and Clarke concurred.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners change the order of the scheduled items and discuss the Willow Ridge PUD first and the Waterdale Rezoning second.

Motion carried 3-0.

1. WILLOW RIDGE PLANNED UNIT DEVELOPMENT MASTER PLAN &

PRELIMINARY PHASE PLAN & 40 ACRE RULE VARIANCE

(#96-MS0940): NW ¼ 02-04-73 - SOUTHWEST OF MARY'S LAKE ROAD

(CR67) & ½ MILE FROM CR 65, NORTHWEST OF MARY'S LAKE;

16.5+ ACRES; 8 LOTS; E-ESTATE ZONING

This is a request for a Planned Unit Development Master Plan and Preliminary Phase Plan, to divide 16.5 acres into 8 lots for single family residential use, and a variance from the minimum 40 acre requirement of the E-Estate Zone for a residential PUD. Staff findings include: 1) The proposed Willow Ridge PUD Master Plan, Preliminary Plan & 40 Acre Rule Variance is consistent with the Larimer County Comprehensive Plan and the Estes Valley Plan; 2) The proposal is harmonious with the surrounding neighborhood; 3) The proposal is supported by various review agencies; 4) The proposal is consistent with the Larimer County Planned Unit Development Resolution.

Mr. Wheeler noted that the Biological Survey Requirements have been satisfied, therefore that stipulation has been removed from the conditions.

Paul Kochever, Engineer for the applicant Crystal Creek Development, briefly described the application and explained that the PUD process was chosen to divide the property so the homes would be clustered; he noted this would keep disturbance of the wetlands to a minimum and would also assist in preserving open space. Mr. Kochever noted that they are asking for a variance to the 40 Acre Rule and that they are requesting eight lots rather than the six recommended by the Planning Commission as the eight lots would be more economical for their development. Mr. Kochever noted that there is some concern over the wetlands in the area; however, he explained that they have worked with the Army Corps of Engineers and their proposed lot plan is within the Corps of Engineers' regulations pertaining to wetlands.

Chair Olson opened the meeting for public comment and Warren Donahue, a property owner just west of the proposed development site, addressed the Board stating that his major concern is to preserve the wetlands, and he also wished to know how the applicant has considered controlling the lighting at night. Mr. Donahue stated that he would support six lots for this area, but that eight lots seem to be too much with consideration of the wetlands. Finally, Mr. Donahue stated that the developer should be aware of the vicious winds in the area which should be taken into consideration when constructing homes.

John Witherspoon, who also lives just west of the proposed development site, stated that at the Planning Commission meeting Mr. Kochever stated that they would accept the limitation of six lots and now they are asking for two more lots. Mr. Witherspoon stated he does not think this is right and requested that the Board accept the Planning Commission's recommendation of six lots; he also stated that he would like to see the rest of the surrounding land be designated as a land trust and not be further developed.

Mr. Kochever explained that at the Planning Commission meeting they decided to accept the vote for six lots because they knew they had to come before the Board for final approval and did not want to prolong the process more than necessary. Commissioner Disney requested further explanation on why this application was submitted as a PUD since it clearly violated the 40 acre rule. Mr. Wheeler explained that when the application was first submitted, both the applicant and Planning staff discussed which would be the best way to develop the land; he noted that six full size lots would have a more devastating impact to the wetlands, therefore, by using the PUD process they could cluster the homes and allow two more lots. Mr. Wheeler also stated that under the PUD process they could restrict the use of fences which would preserve grazing areas for the elk in this region.

Helen Donahue requested to address the Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the public comment session of the hearing.

Motion carried 3-0.

Mrs. Donahue asked why the six units could not be clustered even if the developer was to use the subdivision process rather than the PUD process; she also suggested that in the future, the County should bring in the EPA and the Corps of Engineers in order to better address the wetlands issues.

Mr. Kochever stated that they could cluster under the subdivision process, but they would not be required to; he explained that another advantage to using the PUD process would be the creation of a homeowners association and that if any of the property owners were having problems with the wetlands, the mitigators would just have to deal with the homeowners association as opposed to dealing with each and every property owner.

Under discussion, Commissioner Clarke stated that there were advantages to using the PUD process since it would ensure clustering of the lots and provide designated open space; however, he recommended limiting the lots to seven as this would allow them to keep all of the wetlands within the common open space area. Commissioner Disney noted that since this was a 16.5 acre parcel and the requirement for using the PUD process was 40 acres, they would have to be careful about setting a precedent; he also asked if there was a management plan for controlling noxious weeds. Commissioner Clarke stated that he was not concerned about setting a precedent because he feels this is the right thing to do, and if other owners try to cluster their lots than it better accomplishes the goals of Planning. Mr. Wheeler stated that the Board may wish to include a condition pertaining to the night lighting issue and include the noxious weed management under Condition 5.

After discussion, the Planning Commission/Staff recommendation and conditions of approval for the Willow Ridge PUD Master Plan & Preliminary Phase Plan were amended to include seven lots and variance from the minimum requirement of 40 acres for a residential PUD in the E-Estate Zone in addition to the following amended conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, building envelopes, emergency access reservation and dedicated right-of-way for County Road 67. Easements as shown on the Preliminary Plat,. And as requested by the utility companies, shall be provided on the Final Plat; 2) The following notes shall be included on the Final Plat: a) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets shall be the responsibility of the property owners; failure to maintain these facilities may result in a lien being placed on these lots; b) 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; c) Engineered footing and foundation plans shall be required for all construction on these lots; d) All applicable fees shall be collected at building permit application for new single family dwellings including but not limited to the Larimer County Park fees and the off-site road fee; e) Underground utilities shall be required; f) Rural Issues: 1) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as elk, skunks, raccoons and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; 2) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowners; such activity must be according to applicable Federal, State and local rules and regulations; 3) The applicant shall satisfy all outstanding concerns of the Larimer County Engineering Department prior to the application being reviewed by the County Board of Commissioners. Full construction plans for the access road, a final stormwater drainage report, and an erosion control report shall be submitted for approval by County Engineering. Road construction plans must be approved by the Engineering Department; all plans must be approved prior to recording of the Final Plat. The final drainage report and erosion control report shall be prepared according to the specific requirements contained in the Engineering Departments' comments regarding site specific information including erosion control, seeding and mulching information, and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual; 4) All improvements for this development shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. Improvements shall include roads, street signs, utility extensions, and fire hydrants. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat; 5) The applicant shall revise landscaping notes on the plat to include requirements for defensible landscaping spaces to be maintained around each dwelling unit. The applicant shall provide a long-term maintenance plan for the wetlands and all other open space areas, and a restoration plan for areas disturbed by construction. These shall include, but not limited to, information requested by the County Department of Natural Resources and the U. S. Department of Energy. The applicant shall also provide a long-term maintenance plan for control of noxious weeds in the area; 6) The applicant shall identify building envelopes for all lots adjoining wetlands areas on the Plat, and add a plat note referencing the envelopes; 7) The applicant shall comply with fencing prohibitions recommended by the Division of Wildlife; 8) The applicant shall allow the Colorado Natural Heritage Program to conduct a targeted inventory area study; 9) The applicant shall reconfigure all lot lines so that wetland areas shall be entirely within the open space areas; 10) The applicant shall submit an exterior lighting plan which specifies that all exterior lighting shall be down directed with sharp cutoff and an on/off switch.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Willow Ridge Planned Unit Development Master Plan as amended and outlined above.

Motion carried 3-0.

2. WATERDALE REZONING (97-MZ1067): NW ¼ 15-07-6; APPROXIMATELY

½ MILE EAST OF I-25, SOUTH OF AND ADJACENT TO HIGHWAY 14

(ADJACENT TO AND EAST OF BOXELDER CREEK); 36.94 ACRES; FA-1

FARMING ZONING

This is a request to rezone the proposed development site for a mobile home park oriented to serving senior citizens. The site is currently zoned FA-1 within the Fort Collins UGA. The requested zoning of M-1 is necessary to pursue approval of a Special Review for a Mobile Home Park. Only the rezoning is being pursued by the applicant at this time. The applicant has indicated that they will pursue the Special Review for the MHP at the time when the traffic issues in this area have been resolved. Staff findings include: 1) This application for rezoning of a site from FA-1 to M-1 is not strictly in compliance with the adopted City Structure Plan. It should be noted however, that the City has indicated that the proposal is not in conflict with the designation, a future planning project, the I-25 corridor plan, is anticipated and may change designations in the area and that the provision of affordable hosing is a needed and supported proposal at this site. 2) The existing zoning designation of FA-1 is not consistent with existing uses or zoning in the area nor would it be compatible with the future City Structure Plan land uses. Given the rationale stated above it is appropriate to change the zoning of this site from FA1 to M-1. 3) The FA-1 zoning district would allow either one single family dwelling or farming uses at this site. These site is within the Urban Growth Area and there fore, any redevelopment of the site would require higher density of development. The proposed rezoning is a reasonable classification for the site. 4) With certain conditions which address the traffic/road questions and the design and development standards for the site the request is consistent with promoting the health, safety, and welfare of the present and future citizens of Larimer County.

Under discussion of this consent item, Commissioner Disney stated he was concerned about what the I-25/Highway 14 Interchange Study might produce and how it would affect this application since a redesign of the Interchange might include parts of the land in question; he noted that the current Master Plan does not allow for any up-zoning , and that the City of Fort Collins does not provide public transportation to the site. Commissioner Disney stated that he felt an affordable housing project for senior citizens was a great idea and much needed, but he wanted to know how he could be assured that it would remain a project dedicated to senior citizens.

Lucia Liley, representative for applicant Paul Gallenstein, explained that the applicant was not a professional developer but he was a citizen who, for personal reasons, has a passion to provide affordable housing for senior citizens; she noted that at this point all they were asking for was a change to the zoning because they were due to close on the property on December 15, 1998 and the applicant could not afford to purchase the property if the zoning level was not appropriate for his future development project. Ms. Liley noted that the County had nothing to lose by approving this change in zoning since it was conditioned upon the approval and completion of a Special Review for a mobile home park, as described in the application materials submitted with the request. Ms. Liley explained that the applicant would consider restricting the use of this property for senior citizens for a fifteen year period; she also noted that the applicant is well aware of the traffic problems in this area and he would like to be part of the solution to these problems. Finally, Ms. Liley noted that since this parcel is within the City of Fort Collins Urban Growth Area, the up-zoning restriction should not apply.

Mr. Gallenstein addressed the Board by explaining that his intention is to provide manufactured homes specifically designed for senior citizens and that he has contracted a manufacture who has agreed to modify his homes to include 35 different features all designed to accommodate senior citizens. Mr. Gallenstein noted that he feels this project is well planned and much needed and requested Board approval on the rezoning for this piece of property.

Katherine Williams, Ted Hotchkiss, Robert Gallenstein, Steve Pfister, and Sandy Coat addressed the Board during public comment all in support of the project and all stating that affordable housing, especially for seniors, is desperately needed in Larimer County.

Some discussion took place regarding the fact that the City of Fort Collins does not want to see the use of gated communities because they view them as exclusive areas that do not provide continuity within the City. The Commissioners assured the applicant that the Intergovernmental Agreement between the City of Fort Collins and Larimer County specifically states that Larimer County retains the option of allowing gated communities in their planning endeavors.

After discussion, the Urban Growth Area Review Board/Staff recommendation is for approval for the Waterdale Rezoning from FA-1 to M-1 with the following amended conditions: 1) No Special Review application for the proposed Mobile home Park will be recommended for approval until the "regional road study" has been completed and the results accepted by the Board of County Commissioners. This shall include at a minimum the identification of needed improvements and a plan, including funding, for the construction of those improvements. 2) The zoning of this site is conditioned upon the approval and completion of a Special Review for a mobile home park, as described in the application materials, submitted with the request. The Special Review shall include that this property is restricted for use by senior citizens (age 55 and over) for 15 years. 3) The issues identified in the letter from the City of Fort Collins, letter is undated original time stamped on October 8, 1998, from Robert Blanchard, current Planning Director shall be addressed by the applicant to the satisfaction of the Board of County Commissioners at the time of the Special Review for a Mobile Home Park at this site. 4) If within five years the property has not been submitted for review and approval of the Special Review identified in Condition #2, this rezoning will be noticed for a Public Hearing with the Board of County Commissioners to determine if the zoning should remain, conditions be modified, or the property rezoned. 5) There is no intent on the part of Larimer County to exclude the use and approval of gated communities.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Waterdale Rezoning request as outlined and amended above.

Motion carried 3-0.

The hearing adjourned at 9:10 p.m.

TUESDAY, DECEMBER 8, 1998

ADMINISTRATIVE MATTERS

(#402 & #403)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney and Commissioner-Elect Rennels were present. Also present were: Greg Pickett, Director of Parks; Ralph Jacobs, Director of Human Resources; Randy Ratliff, Interim Mental Health Director; Jim Reidhead, Director Rural Land Use Center; Donna Hart, Commissioners' Office Staff Services Manager; Deni LaRue, Community Information Manager; Tom Clayton, CSU Fall Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Kelly Ohlson, Jack Swets, and Jim Crowder. With regard to the alleged secret illegal meeting on November 30, 1998 at the Egg & I Restaurant with Commissioner Clarke, Commissioner-Elect Rennels (current Planning Commission member) and three other members of the Planning Commission, Mr. Ohlson stated he is very sad about it because that is not the way we do business in Larimer County. Mr. Ohlson stated that he thinks Commissioner Clarke and Commissioner-Elect Rennels should make a public apology. Commissioner Clarke responded that originally the purpose of the breakfast was to inform Kathay Rennels of comments he has heard about the proposed Partnership Land Use (PLUS) Code and Mr. Salg and Mr. Amos knew of their meeting and then Mr. Dixon also was having breakfast at the restaurant and came over to their table and it didn't register that his presence might constitute a quorum of the Planning Commission and he apologized. Chair Olson stated that she didn't realize that "three" members of a group were a quorum, she thought it was a majority of a Board or Commission. Commissioner-Elect Rennels stated that she thought a quorum of the Planning Commission was "five" since there are "nine" members on the Planning Commission; she noted that the purpose of the meeting was for Commissioner Clarke to update her on what he has been hearing from disgruntled citizens about the Code as she feels it is a disservice to the citizens of the County not be informed.

Mr. Swets informed the Board that he could not find the copy of the East Coast Code which includes a section on agricultural entertainment, which he discussed with the Board in open session on November 24, 1998. Mr. Swets asked the Board if they were able to get any information on the cell tower adjacent to his property or the County's reservation going through his garage. Chair Olson responded that the applicants for the cell tower came in for Concept Technical Review, but never came back for the next step. Mr. Swets stated that he was told that their permit was denied and so they cancelled their contract with him. Chair Olson stated that she received an E-Mail regarding the reservation going through his garage and it stated that the right-of-way was there before he built the garage. Mr. Swets stated that he would bring the Board a copy of his plat. Chair Olson stated that there shouldn't be a problem unless the road is widened or he sells his house. Commissioner Disney suggested that maybe the County Surveyor should survey this property. Mr. Swets stated that he is deeply concerned about the way the County does things and there are going to be numerous problems in the future; he cautioned the Commissioners to listen to the landowners in the County.

Mr. Crowder stated that he has lived in Larimer County for over 30 years and during that time there have been some good Commissioners, but he has never seen three Commissioners more cooperative, hardworking, courteous and fair than the current Board and he thanked them. Mr. Crowder came today to talk to the Board about development reviews by ditch companies as there has been a change in attitude and approach on their reviews; he stated that he is not asking for any short cuts but he has a Final Plat coming before the Commissioners later this morning and he needs to be able to record it in a timely manner and because the Handy Ditch Company has ignored the referral sent to them, his development is being delayed and it is not fair. Mr. Crowder stated that the ditch companies are trying to use these referrals as a way to generate a stream of revenue for ditch improvements; he noted that they want to charge each developer $250 per lot as a general impact fee and payment of legal fees. The Board assured Mr. Crowder that they will discuss this situation with County Attorney George Hass, Assistant County Attorney Jeannine Haag, and planning staff and report back to him.

2. APPOINTMENTS TO THE FAIRGROUNDS TASK FORCE: Mr. Pickett requested that the Board formally appoint the members who have been working on the Fairgrounds and Events Center Committee to the Fairgrounds and Events Center Task Force to continue to work on Phase II, with the provision that the membership of the Task Force can be increased.





M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint J. D. Wiant, Steve Humann, Roger Kenney, Bob Starman, Rita Greene, Loren Maxey, Danny Davis, Mike DiTullio, Judy Barth, Dan King, Evelyn King, Ceci Green, Bob Schmidt, and Gary Hausman to the Fairgrounds and Events Center Task Force, Part II.

Motion carried 3-0.

3. APPROVAL OF MINUTES FOR WEEKS OF NOVEMBER 23 AND 30, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the weeks of November 23 and 30, 1998, as submitted.

Motion carried 3-0.

4. APPROVAL OF SCHEDULE FOR WEEK OF DECEMBER 14, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of December 14, 1998, as submitted.

Motion carried 3-0.

5. 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 on Document Review for December 8, 1998:

MISCELLANEOUS DOCUMENTS: Final Plat for Bonnell West PUD, 5th Filing; Final Plat for Lovata Rural Land Plan; Request for Restoration of Positions RB-13033, RB-13003, RB-13047, RB-01004, RB-13038, and RB-13037 to the Road and Bridge Department staffing document and to restart the 9-Month Vacancy Clock on Position RB-01003, formerly occupied by John Medlin; Authorization for Chair to approve consulting services with ERA to perform a Market Research, Financial Feasibility, and Economic Impact Analysis for the proposed Larimer County Fairgrounds & Events Center in the amount of Fifty Thousand Dollars ($50,000) upon approval by County Attorney; Amended Plat of Glacier View Meadows Subdivision, Lots 65 & 73, 12th Filing; Amended Plat for Glacier View Meadows Subdivision, Lots 219 & 220, 12th Filing; Amended Plat of Crystal Lakes, Lots 48 & 49A, 11th Filing; Amended Plat of Wild Goose Ranch, Lots 5 & 6; Hammond Amended Exemption; Amended Plat of Audrey's Acres MRD, Tract B; Lot Sale Restriction for Lots 1 and 2, Liebl MRD #95-EX0652.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to the Spanish Manor - 6% - Fort Collins, CO.; Indian Meadows Resort, LLC - 6% - Bellvue, CO.; and Masonville Store - 3.2% - Masonville, CO.

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Western Tele Communications, Inc.; Amer Bench Outdoor Promotions; Leasepartners Corp.; Richard Hardy; Evaristo & Josephine Najera; Guy Pratt & Scott & Linda Deits; Thomas Goll; William & Sandra Greybar; Everwest; Lagunitas Landings, Inc.; Cathy Heidiger/ Lyndia Collister & Shannon Weck; Sterling Ainsworth/ Patricia Pilia; Gerald & Evonne Meyer; Palmer Retail, LLC.; Estes Park Auto Parts/Dennis Hunter; Hydra Warehouse/Ken White; Imu Tek Animal Health, Inc.; and Mountain States Manufacturing.

A98-178 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND MELVIN & BERNICE LOVATA

(Developer's Obligations in the Lovata Rural Land Plan)

A98-179 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND JAMES & PAMELA

LIEBL (Liebl MRD #95-EX0652)

A98-180 SUBDIVISION IMPROVEMENTS AGAREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND LIBCO, INC.

(Developer's Obligations in Bonnell West PUD, Fifth Filing)

C98-68 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DUCKELS CONSTRUCTION, INC. OF

STEAMBOAT SPRINGS IN ROUTT COUNTY (Recommendation

for Speed Limit Change on CR 24E and CR 111C)

C98-69 FIRST AMENDMENT TO CONTRACT FOR REMOVING SNOW

REMOVAL AND RATE MODIFICATIONS FOR THE STREETS OF

NAMAQUA HILLS GID, NO. 8

C98-70 CHANGE LETTER NO. 2 TO CDBG CONTRACT #97-755 BETWEEN

LARIMER COUNTY POST OFFICE, BOX 1190, AND STATE OF

COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT

OF LOCAL AFFAIRS (Extending Time & Adding Additional Funding for

Housing Funds for Home Ownership Program)

D98-20 DEED OF DEDICATION OF PROPERTY FOR ADDITIONAL RIGHT-

OF-WAY FOR CR19 FROM MAURA T. AND GEORGE J. O'LEARY

(LAST STAND STABLES)

R98-183s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW

MEADOWS SUBDIVISION 12TH FILING (To combine Lots 65 & 73

and vacate one 20-foot existing utility easement along the common lot

line)

R98-184s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN GLACIER (To

combine Lots 219 and 220 and vacate a 20-foot existing utility easement)

R98-185s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW

MEADOWS 12TH FILING (To combine Lots 76 & 77 & vacate an

existing utility easement)

R98-186z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF MONROE EXCAVATION (To allow heavy

equipment storage and maintenance in the O-Open Zone)

R98-187s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF SOUTHLAND CORPORATION PLANNED UNIT

DEVELOPMENT (To divide a 2-acre lot into 2 lots for commercial use)

R98-188s FINDINGS AND RESOLUTION APPROVING THE HIGHLAND

HILLS PLANNED UNIT DEVELOPMENT 4TH FILING

Motion carried 3-0.

6. WAIVER OF PAYROLL POLICY FOR MENTAL HEALTH: The Board was requested to approve a waiver of the Larimer County policy to permit a staggered implementation of the 1999 market based pay increases for the employees of the Mental Health Center. Mr. Ratliff stated that when they submitted their budget for 1999, they planned to implement the market rate adjustment on July 1, 1999; however, after reconsideration of a different approach, and to give employees a message about their raise, their recommendation is to implement the market rate in 25% increments quarterly through the year, beginning on January 1, 1999 and the financial impact will be the same. Mr. Jacobs informed the Board that they will be doing an updated market study to verify initial results obtained.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of County policy to permit a staggered implementation of the 1999 Market Based Pay Increases for the employees of the Mental Health Center, as proposed by Mr. Ratliff.

Motion carried 3-0.

7. RECOMMENDATION ON FUTURE OF ECONOMIC DEVELOPMENT ADVISORY BOARD AND EXTENDING ALL BOARD MEMBERS' TERMS TO EXPIRE JUNE 30, 2001: Mr. Gluckman stated that at the last Economic Development Advisory Board meeting, options were discussed regarding the future role of the Board; he noted that they were asked if they would like to become a subcommittee of the Workforce Investment Board, but consensus was that would not be an appropriate role. Mr. Gluckman continued that the members concurred that an on-going working board was not needed at this time but they would like to remain intact with the current composition and only meet when the Commissioners ask them to meet, either on a special project or to review the Economic Impact Model and it was suggested that their membership be extended through June 30, 2001.

M O T I O N

Commissioner Disney moved that the Board of the County Commissioners approve the continuation of the Economic Development Advisory Board to meet only at the request of the Commissioners and extend all the current members' terms until June 30, 2001.

Motion carried 3-0.

8. APPOINTMENTS TO THE EXTENSION ADVISORY BOARD: Commissioner Disney stated that he and Extension Director Laurel Kubin conducted interviews for the Extension Advisory Board and recommended that the following 5 applicants be appointed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following appointments to the Extension Advisory Board: Kenneth Dubrovin, Bill Kirk, and Bill Orendorff, each for a three-year term effective June 30, 1998 expiring on June 30, 2001, and Susan Larson and Gene Ulm to complete unfilled terms to expire June 30, 1999.

Motion carried 3-0.

9. APPOINTMENT TO THE ENVIRONMENTAL ADVISORY BOARD: Subsequent to conducting interviews, Commissioner Disney stated that the recommendation is to appoint John Bartholow to fill an unexpired term on the Environmental Advisory Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint John Bartholow to fill an unexpired term the Environmental Advisory Board, term to expire June 30, 2002.

Motion carried 3-0.

10. WORKSESSION:

-- Impact Fees: Mr. Gluckman reported that he and Rep. Steve Johnson and others met with Kimberly-Maevers-Stenberg from the Northern Colorado Home Builders Association on November 16, 1998 to discuss introducing a Bill regarding impact fees; he stated that Rep. Johnson was very desirous to ascertain the thoughts of the homebuilders for sponsoring such legislation. Ms. Maevers-Stenberg stated that she would take the information to future State meetings and she did meet with the northern Colorado Homebuilders Association and others to look at the proposed Bill and they put together an outline for the meeting on December 19, 1998 with the State association. As requested by Mr. Gluckman, the Board provided examples of what the impact fees should be used for-- capital costs for Parks, additional capacity in campgrounds, picnic areas, sports areas, trails, etc. and jails for Public Safety.

-- Update on Groundbreaking for Civic Center Parking Structure: Ms. LaRue informed the Board that the groundbreaking for the Civic Center Parking Structure will be at 3 p.m. on Thursday, December 31, 1998 as the kickoff to 1st Night; she noted that there will be representatives from the Downtown Development Authority, City of Fort Collins, and Larimer County and Chair Olson will be the spokesman for the Commissioners. Ms. LaRue asked for suggestions from the Board for the invitation list.

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

At this time, County Attorney George Hass, Assistant County Jeannine Haag, and County Manager Frank Lancaster joined the meeting for Legal Matters.

11. LEGAL MATTERS:

-- Discussion of What Constitutes an Illegal Meeting: -- Discussion of what constitutes an illegal meeting for the Planning Commission ensued; Mr. Lancaster submitted a copy of the Planning Commission Bylaws which states that five members constitute a quorum. In addition, the Open Meeting Law was read aloud and Mr. Hass stated that the meeting at the Egg and I on November 30, 1998 with Commissioner Clarke, Commissioner-Elect Rennels, and three members of the Planning Commission was not illegal.

-- Discussion of Reservation Through Jack Swets Garage: Chair Olson stated that it doesn't seem that anyone is contesting that the County's reservation does goes through Jack Swets garage and she noted that Commissioner Disney has suggested that our County Surveyor do a survey of the property and she asked for Mr. Hass's opinion. Mr. Hass responded that at this point, it is academic because it won't make any difference until the County expands the road; he continued that if a survey was done originally, Mr. Swets needs to contact that surveyor. The Board asked Mr. Hass to contact Mr. Swets' attorney about the original survey of the property.

-- Handy Ditch Discussion: Chair Olson stated that the Board approved the Final Plat for Bonnell West early this morning and Mr. Crowder is concerned that he can't record it until a response is received from the Handy Ditch Company; she noted that this is becoming a pattern and asked if the County needs a different way to deal with the ditch companies. Ms. Haag stated that they have already started to address the situation by scheduling a meeting with the Board on December 28, 1998 to discuss changing the wording in the referral request so a ditch company can't hold up an application. Commissioner Disney suggested that a meeting be scheduled with all the ditch companies to explain the changes that are going to happen.

-- Request for Approval of Documents: Mr. Hass presented several documents for Board approval and the Chair's signature:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a Notice of Assignment of the Louie Swift Contract on the Fairgrounds property, and authorize the Chair to sign same.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Chair's signature on a Promissory Note for $217,000 with 5% interest payable in four annual installments of $58,769.13 to Audra L. Hughey, the seller of property to be added on to Horsetooth Park; this Note is a non-recourse note.

Motion carried 3-0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a Deed of Trust between Larimer County and Audra L. Hughey, and authorize the Chair to sign same.

Motion carried 3-0.

D98-21 DEED OF TRUST BETWEEN LARIMER COUNTY AND AUDRA L.

HUGHEY (Purchase of property for addition to Horsetooth Park)





M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve an Easement and Right-of-Way Agreement, which is a sewer easement at the extreme northeast corner of the Ute Snowy Ridge property, and authorize the Chair to sign same.

Motion carried 3-0.

A98-181 EASEMENT AND RIGHT-OF-WAY AGREEMENT BETWEEN

LARIMER COUNTY AND SOUTH FORT COLLINS SANITATION

DISTRICT

-- Other Questions and Discussion: Commissioner Disney asked Mr. Hass about the legal ramifications of people threatening the Commissioners with bodily harm; Mr. Hass stated that discussion of that subject should be in Executive Session.

-- Ms. Haag discussed short-term nightly rentals in Estes Park with the Board; she stated that our zoning regulations were never set up to address this situation. Ms. Haag stated that in Estes Park, short-term rentals are allowed and if residents in an area don't want them, the homeowners' association can adopt covenants stating they are not allowed.

-- Chair Olson asked Ms. Haag about the letter of November 24, 1998 received from Joe and Marilyn Dion about the Gary Jacobson's alleged continued illegal mining activities; as Ms. Haag had not read the letter, Chair Olson gave her a copy and she will discuss it with Code Enforcement Officer John Pedas.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:45 a.m. to seek confidential legal advice.

Motion carried 3-0.

The Executive Session ended at 12 o'clock noon; no action taken.

PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE

FOR CREATION OF IRISH GREEN DRAINAGE ASSESSMENT DISTRICT

(#404)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing regarding adoption of an Ordinance for the creation of the Irish Green Drainage Assessment District. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Lisa Dunn, Project Engineer, and Rex Burns, Special District Administrator. Recording Clerk, Sherry Graves.

Mr. Burns stated that the purpose of tonight's public hearing is to consider the second reading of an Ordinance for the Imposition and Collection of Assessments in Green Acres Subdivision; he noted that this is the County's first DAD (Drainage Assessment District), which utilizes authority found in Statute under the County Power's Act in which the Commissioners get to ordain and pass an Ordinance instead of a resolution. Mr. Burns continued that with this DAD, the County would fund certain improvements in Green Acres Subdivision located south of Irish School for the purpose of constructing conveyance facilities for storm water that originates within Irish Green Acres Subdivision.

Ms. Dunn stated that the Green Acres Drainage Assessment District will help fund a very beneficial project and she reviewed the historic flooding that has occurred in this subdivision and the proposed improvements. Ms. Dunn stated that this project is part of a larger project being funded by the Community Development Block Grant, which will help drainage problems from Overland Trail to the New Mercer Ditch. Ms. Dunn stated, however, that there are additional drainage problems related strictly to the Green Acres Subdivision, which has had drainage problems since it was developed in the 1970, and she noted that by way of petition, more than 65% of the homeowners in the subdivision are willing to fund those additional stormwater projects needed so they can live without fear of flooding.

Mr. Burns added that the DAD is not for the purpose of street repairs, but they do anticipate that repairs will be made necessary by the construction of the sewer system and will be repaired to almost like new condition; he continued that hopefully when those improvements are made, the residents will ask the City of Fort Collins to annex the area.

Sally Michael and John Newman addressed the Board and asked a number of questions about the improvements; Ms. Michael asked if Cherry Street will be resurfaced and if the rounding of Webb Avenue is still part of the plan. Mr. Burns responded in the affirmative to both questions and stated that Webb Avenue will have resurfacing. Mr. Newman asked what happens if the final cost exceeds the estimate of $82,000; Mr. Burns responded that the Stormwater Utility will pay the remaining balance, but it is guaranteed not to go over that estimate. Mr. Newman asked if there is any wording in the Ordinance regarding continued maintenance; Mr. Burns answered that it is the County's intent to take the streets over for maintenance, but the preference is that the residents will petition to annex the area. Mr. Newman asked why is the storm system inadequate; Mr. Burns responded because the developer didn't design or build it the way it should have been built. The question was asked when is the project going to start; Ms. Dunn responded that they hope to begin construction in the spring and have it completed by the end of the summer. Ms. Michael and Mr. Newman stated that they very much favor this project.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Ordinance for the Imposition and Collection of Assessments in Green Acres Subdivision, and authorize the Chair to sign same.

Motion carried 3-0.

O98-03 ORDINANCE FOR THE IMPOSITION AND COLLECTION OF

ASSESSMENTS IN GREEN ACRES SUBDIVISION

The hearing adjourned at 7:35 p.m.

THURSDAY, DECEMBER 10, 1998

PUBLIC HEARING FOR LANDFILL RATE INCREASE IN ESTES PARK

(#404 @ 1000)

The Board of County Commissioners met at 7:00 p.m. for a Public Hearing to consider a landfill rate increase at the Estes Park Transfer Station. Chair Olson presided and Commissioner Clarke was present. Also present were Janelle Henderson, Director Natural Resources, and Steve Gillette, Waste Management District Site Manager. Recording Clerk, Sherry Graves.

Chair Olson stated that the purpose of tonight's hearing is for the Board to discuss and receive public comment regarding a proposed increase in the transfer station rates at the Estes Park Transfer Station to cover the increase in the 1999 operating costs and to eliminate some of the odd-cent charges resulting from the reduction of the State solid waste surcharges.

Ms. Henderson stated that Larimer County supervises the operation of the Estes Park Transfer Station, even though it is operated by a private contractor, Waste Management, and noted that the proposed rates for 1999 reflect a five percent increase and will become effective January 1, 1999. Ms. Henderson stated that in the proposed budget for 1999 submitted by Mr. Gillette, operating costs were showing a 11% increase; however, six % of that increase was due to rental payments on improvements made at the transfer station, which were not approved by Larimer County. Ms. Henderson explained that since the Larimer County Solid Waste System is self-supporting and receives no tax money, they have to set their rates every year to cover their operating costs, which is the 5% cost increase over 1998; she reviewed the proposed 1999 Estes Park Transfer Station Fees for the Board.

Bob Ryan, retired resident of Estes Park, recommended that the increase not be added at this time as it almost seems mechanical that all governmental agencies automatically increase fees a certain amount each year; he stated that what is lacking is resource recovery, which could offset some of the operating costs. Mr. Ryan stated that in Estes Park they have practically nil in the way of recovery and he thinks that if he takes his recyclables to the transfer station, he should be given credit for them. Ms. Henderson stated that they subsidize their recycling operations quite heavily and do not make money on recycling; actually it costs money to recycle. Mr. Ryan continued that one benefit for recycling is that it reduces the volume at the landfill. Commissioner Clarke stated that they recycle at the facility because they believe it is the right thing to do, but with the subsidizing of the operation of recycling, they don't break even.

Mike Richardson, operator of a tree service, stated that he brings his slash to the dump because he doesn't have a chipper, and he finds it hard to believe that he pays the same as a customer bringing trash because trees biodegrade much quicker and he shouldn't be charged as much. Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the 1999 Estes Park Transfer Station Fees as proposed, effective January 1, 1999.

Motion carried 2 - 0.

The hearing adjourned at 7:25 p.m.

____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF DIRECTORS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_____________________________________________

Sherry E. Graves, Deputy County Clerk

_____________________________________________

Gael M. Cookman, Deputy County Clerk



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