Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 28, 1998

LAND-USE PLANNING HEARING

(#418)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Clarke presided and Commissioner Disney was present. Also present were: Rob Helmick, Senior Planner; Matt Lafferty, Planner II; Sean Wheeler, Planner I; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Pro-Tem Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience; Jane Johnson requested that the Overland Valley Minor Residential Development be removed from the consent agenda. Mr. Helmick advised the Board that the issue concerning the Bonnell West Planned Unit Development, 5th Filing, has been resolved and therefore requested that the item be removed from the agenda; he noted that a letter has been received from the Board of the Handy Ditch Company indicating they have approved the drainage plan for this development.

M O T I O N

Commissioner Disney moved that the Bonnell West Planned Unit Development 5th Filing for Change of Conditions (#98-MS1189) be removed from today's agenda.

Motion carried 2 - 0.

1. ELCO WATER STORAGE TANK SPECIAL REVIEW (#96-ZR0930):

NW ¼ OF SECTION 36-09-69 - APPROXIMATELY 1/8 MILE WEST

OF THE INTERSECTION OF COUNTY ROADS 15 AND 64; 3.5 ACRES;

O-OPEN ZONING

This is a request for Special Review to allow the ELCO Water District to locate two 1.5 million gallon water storage tanks and associated equipment on a 3.5 acre parcel; applications for a Minor Land Division and Variance are also pending for this proposal. Staff findings include: 1) The proposed ELCO Water Tanks Special Review is in compliance with the Larimer County Master Plan and Comprehensive Zoning Resolution. The application satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed ELCO Water Tanks should not have adverse affects on the neighboring property values; 3) If operated as stated in the applications materials and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment; 4) The proposed Water Tanks shall provide a public health benefit for those property owners within the ELCO Water District service area by ensuring an adequate supply of water for domestic use and fire protection.

The Planning Commission/ Staff recommendation is for approval of the ELCO Water Tank Special Review, with the following conditions: Construction and operation of the ELCO Water Tanks shall be as specified in Exhibit A of the ELCO Water Tank Special Review File 96-ZR0930 and as modified by conditions of approval. Exhibit A is a copy of the application and subsequent information submitted by the applicant. Any changes to the use or facilities as specified in Exhibit A or in conditions of approval would require review and approval by Larimer County; 2) Prior to beginning any construction of the water tank facility, the following items must be submitted and approved: a) Final Site Plan showing all existing and proposed improvements, road layout, parking areas, landscaping, and fences. Details of erosion control, grading and drainage plans to address the requirements of the County Engineering Department shall be included. b) Access apron design and road construction plans and specifications. An access permit shall be required prior to any construction. c) A cross section of the internal access road for approval by the County Engineering Department shall be included; 3) The applicant shall revise the landscape plans to include no more than 33% of any one type of tree within the landscape palette. Said landscape plan shall include future landscaping to be installed at the time of when the future water tank is constructed. The landscape plan shall be revised and approved by the Larimer County Department of Natural Resources prior to issuance of a building permit for the use. Included with the landscape plans shall be an irrigation plan detailing the watering system for the landscaped areas; 4) The applicant shall submit a development agreement for all on-site and off-site improvements before the approval of a building permit for the water tank(s); 5) Prior to beginning operation of the water tank facility, all required improvements (access and road construction, erosion control, grading and drainage features, landscape screening) shall be completed, inspected and approved by County Engineering.

2. SHOCKLEY ARENA SPECIAL REVIEW (#98-Z1274): SE SW 28-05-68 -

ON THE NORTH SIDE OF CR 16E, ¼ MILE EAST OF ROAD 9;

34.78+ ACRES; FA-FARMING ZONING

This is a request for Special Review for horse boarding and training facility with indoor and outdoor arena. Staff findings are: 1) The proposed Shockley Arena Special Review is in compliance with the Comprehensive Zoning Resolution and the Land Use Plan. The application satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed use is agricultural in nature, is less intense regarding the number of horses than use by right would allow. The proposal is also seen as compatible with the rural residential and agricultural character of the area; 3) If operated as stated in the application materials and in compliance with County regulations and conditions of approval, the proposed use would not result in negative impacts on area properties, provision of services, access and traffic or the natural environment.

The Planning Commission/Staff recommendation is for approval of the Shockley Arena Special Review, with the following conditions: 1) Operation of the Shockley Arena Special Review shall be as specified in Exhibit A of the Shockley Arena Special Review, and as modified by conditions of approval. Exhibit A is a copy of the application and all subsequent information submitted by the applicant; 2) The total of privately owned and boarded horses kept at the site shall not exceed that allowed by right in the zone district; 3) No special horse events, such as rodeos, roping contests, clinics or similar events are permitted by this Special Review; 4) Any changes in the operations as specified in Exhibit A or in conditions of approval would require review and approval by Larimer County; 5) Prior to the public hearing before the Board of County Commissioners, the following items must be submitted and approved: a) A Final Site Plan showing all existing and proposed improvements, road layout, parking areas, road layout, sign locations and light locations. Details of erosion control, grading and drainage plans to address the requirements of the County Engineering Department shall be included; b) Access apron design and road construction plans and specifications; an access permit shall be required prior to construction; c) A deed of dedication with a metes and bounds legal description, prepared by a Colorado Licensed/registered surveyor, for the additional right-of-way for County Road 16 along the frontage of the subject property; d) Prior to beginning operation of the arena facility, the applicants shall obtain all required permits and complete all required improvements, including access and road construction, erosion control, grading and drainage features.

3. MORENG AMENDED MINOR RESIDENTIAL DEVELOPMENT

(#98-S1333): S: 12, T: 8 NORTH, R: 69 WEST AT THE INTERSECTION OF

COUNTY ROAD 15 AND COUNTY ROAD 60; 17.49 ACRES; 1 LOT;

O-OPEN ZONING

This is a request for a change in access from off of County Road 15 to access off of County Road 60. Staff findings include: 1) Approval of the amendment to the Moreng MRD, with certain conditions, should not result in any significant negative impacts on the natural environment, surrounding properties, the provision of services of transportation. The staff recommendation is for approval of the proposed Moreng MRD Amendment to allow for access from Parcel A onto County Road 60, with the following condition: 1) The application shall obtain the required access permit.




M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the ELCO Water Storage Tank Special Review (#96-ZR0930); Shockley Arena Special Review (#98-Z1274); and the Moreng Amended Minor Residential Development (#98-S1333); each, with the conditions as outlined.

Motion carried 2 - 0.

4. OVERLAND VALLEY MINOR RESIDENTIAL DEVELOPMENT

(#98-EX1208): NORTHEAST ¼ OF SECTION 8, TOWNSHIP 7 NORTH,

RANGE 69 WEST OF THE 6TH P.M. - WEST OF OVERLAND TRAIL

(COUNTY ROAD 21), BETWEEN VINE (COUNTY ROAD 48) AND

LAPORTE AVENUE (COUNTY ROAD 46E), WEST OF AIRPORT

HEIGHTS AND HAUMONT MRD; 10 ACRES; 2 LOTS; FA-1 FARMING

This is a request for a Minor Residential Development to divide a 10-acre parcel into two (2) residential use lots. Mr. Wheeler provided a brief overview of this project, noting the subject property is located adjacent to the Haumont MRD and Airport Heights Subdivision. Staff findings are: 1) The proposed Overland Valley MRD #98-EX1208 complies with the requirements for Minor Residential Developments as contained in the Larimer County Subdivision Resolution. The proposal is consistent with the uses and minimum lot size requirements for the FA-1 Farming Zone District. The proposal is consistent with the objectives for Fort Collins IGA Urban Growth Area for sites located in the foothills region, and with the Larimer County Land Use Plan; 2) Approval of the Overland Valley MRD, with certain conditions, should not result in any significant negative impacts on the natural environment, surrounding properties, the provision of services or transportation.

Jane Johnson, Secretary for the Haumont MRD Homeowner's Association, discussed two concerns: 1) Haumont MRD and Airport Heights Subdivision both pay homeowner's association dues for maintenance of the road and the two lots created in this project will also be using their common road and they are asking that a portion of the dues be paid to the homeowner's association. Mr. Wheeler stated that staff had talked to the applicant about the possibility of creating a homeowner's association and they are not going to do that because it is a two-lot subdivision, but under a condition of approval they have agreed to work out a road maintenance agreement with the adjoining property owners. Mr. Wheeler stated that they are going to be responsible for extending that road into the MRD and creating a cul-de-sac in compliance with County standards for emergency vehicle turn-around. Commissioner Disney suggested that in the future when proposals come before the Board for approval, an agreement should already be worked out for road maintenance between the parties involved, rather than it be a condition to be worked out later. Much discussion of condition #1 ensued and it was amended, as outlined below in the listing of conditions of approval. 2) The 10-acre subject property is also adjacent to a 5-acre industrial zoned property to the north and they are wondering about the access to that site if it is ever developed; Ms. Johnson noted that currently the only access is a 1969 easement that goes across the bottom of her property. Mr. Wheeler responded that the industrial lot is not tied to this MRD application and vacating an easement on a property that is not associated with this application cannot be discussed today; however, he noted that there is a utility and access easement granted across the neighboring property to access the industrial-zoned lot to the north. Much discussion ensued.

Don Toronto, TST Consulting Engineer and representative for the applicants, stated that he thinks the applicant is more than willing to work with the two homeowner's associations on the road maintenance agreement for shared use and maintenance responsibilities.

After much discussion, the staff recommendation conditions of approval for the Overland Valley MRD 98-EX1208 were amended as follows: 1) The Final Plat shall provide for the extension of High Street and construction of a cul-de-sac. The High Street extension and cul-de-sac shall be privately owned and maintained, but dedicated for public use. The road shall be all-weather surface 24' in width with the cul-de-sac a minimum of 80' in diameter as shown in the submittal documents to provide a turnaround adequate for emergency vehicles. A road maintenance agreement among the developer, Haumont MRD, and Airport Heights Subdivision that addresses shared use and maintenance responsibilities shall be submitted for recording with the Final Plat. If the parties do not agree, the applicant shall submit for County approval road use and maintenance provisions pertaining to High Street prior to recording of the Final Plat; 2) The applicant shall revise the grading plan to provide for a minimum slope of 2% for the proposed swale leading to the detention basin. The final grading plan shall be reviewed and approved by the Larimer County Engineering Department prior to recording; 3) The final plat shall indicate a common access/utility easement serving lots 1 & 2, and shall be a minimum of 40' in width; 4) Plans describing the road improvements for the new access (access road with turnaround and paved apron) shall be submitted and approved by the County Engineering Department prior to recording the Final Plat; 5) Installation of any fire hydrants and residential sprinkling systems, as required by Poudre Fire Authority shall be the responsibility of the applicant. The requirement for residential sprinkler systems shall be noted on the Final Plat; 6) All subdivision improvements for this development (access road construction, fire hydrant installation) shall be completed prior to recording the Final Plat or the applicants shall submit a Subdivision Improvements Agreement along with sufficient collateral to guarantee improvements; 7) The applicant shall provide underground utilities for the project consistent with standards established by the City of Fort Collins and those required by Intergovernmental Agreement; 8) The following notes shall be shown on the Final Plat: A) The raising of livestock will not be allowed within this MRD; B) There are certain existing industrial uses to the south and west of this property; C) There is an existing private airport west of this property; D) All residences on this site will be sprinkled for fire protection; e) This MRD is located in a rural setting and potential buyers should be aware to the following: a) Agricultural uses are present in this area which may at times result in odors, dust and noise. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area; b) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; c) 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 homeowner; such activity must be according to applicable Federal, State and local rules and regulations; d) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; 9) All required fees shall be paid at time of building permit issuance for new residential structures including: Poudre R-1 School District fee of $967.8 (Total); Larimer County Park fee; $1,626.00 (Total): West Vine Drainage Basin Fee (to be calculated by the applicant's engineer); Any applicable Larimer County Impact Fees in effect at the time of building permit issuance; Unless specified, the fee current at time of building permit issuance shall apply; 10) Engineered footings and foundation shall be required for all construction on these lots; 11) 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; 12) The applicant agrees to pay for the design of the culvert at the intersection of High Street and Overland Trail Road; 13) All conditions shall be completed and the Final Plat recorded by June 30th, 1999 or this approval shall be null and void.

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 Overland Valley Minor Residential Development (#98-EX1208), with the conditions as amended and outlined.

Motion carried 2 - 0.

5. MARIANNA PARK SUBDIVISION RIGHT-OF-WAY VACATION

(#98-S1332): 20-05-69 - OFF 14TH STREET, WEST OF CR 21 IN

LOVELAND; 4 LOTS; LOVELAND UGA

This is a request to vacate a portion of a publicly dedicated right-of-way in the Marianna Park Subdivision, which runs along Eaton Avenue between Lots 59, 60, 78 and 100. Mr. Wheeler described the request, noting that this 60' right-of-way was originally dedicated in 1964 as part of the original subdivision and a 40' wide irrigation ditch and right-of-way runs through the subdivision. Staff findings include: 1) The proposed ROW vacation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The ROW vacation is compatible with other development in the surrounding area; 3) Approval of the ROW vacation will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure. The existing 60' ROW provides the potential for emergency access to serve 74 lots in the Marianna Park Subdivision; 4) Property values in the surrounding area would not be adversely affected by the ROW vacation.

Bill Kaufman, representing the applicants, requested that the second condition of approval asking that "The final plat shall show a 40' emergency access easement in place of the existing 60' right-of-way, to provide for a future connection between remaining portions of Eaton Avenue" be removed. Mr. Kaufman submitted several photos of the subject area and noted that there has never been a street in the vacation portion of Eaton Avenue nor a bridge crossing over Buckingham Ditch. Mr. Kaufman stated that there has never been a need for a road or bridge crossing the ditch and presently there are three accesses into the subdivision for emergency vehicles. Mr. Kaufman stated that the homeowner's association supports this application for vacation, but they don't want any through traffic at this location, and agree there is no demonstrated future need for an emergency access easement. Discussion of the request ensued. Mr. Wheeler stated that staff looked at this proposal as a platted subdivision and at the time it was created, the connection should have been put in place by the developer. Mr. Burns stated that normally they would ask to retain the full service access, but this case is different because there is no existing bridge over the ditch and without the bridge, the full service access is questionable and the emergency is of limited value. Commissioner Disney asked why the Loveland Fire Protection District wasn't asked to comment on this; Mr. Kaufman stated that he does not think they were notified. Mr. Wheeler responded that a notice was sent to them, but there was no response.

After further discussion, the staff recommendation conditions of approval for the vacation of the right-of-way along the portion of Eaton Avenue if the Marianna Park Subdivision were amended as follows, with the elimination of condition #2: 1) All existing utility easements and the Buckingham Ditch Company Easement will remain in place.

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 Marianna Park Subdivision Right-of-Way Vacation (#98-S1332), with conditions as amended (eliminated) and outlined.

Motion carried 2 - 0.

The hearing adjourned at 3:50 p.m.


TUESDAY, DECEMBER 29, 1998

ADMINISTRATIVE MATTERS

(#419)

The Board of County Commissioners met in regular session with Assistant County Manager Neil Gluckman. Chair Pro Tem Clarke presided and Commissioner Disney was present. Also present were: Ginny Riley, Director of Human Services; Marsha Ellis, Human Services Supervisor; K-Lynn Cameron, Open Lands Manager; Janelle Henderson, Director of Natural Resources; Andy Paratore, IMS Director; Kathryn Rowe, Purchasing Manager; Frank Lancaster, County Manager; Donna Hart, Commissioners Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: No one addressed the Board during open session for public comment.

2. APPROVAL OF THE MINUTES FOR THE WEEKS OF 12/14/98 AND 12/21/98:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the weeks of 12/14/98 and 12/21/98, as submitted.

Motion carried 2-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF 1/4/98:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of 1/4/98, 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 on Document Review for December 29, 1998:

MISCELLANEOUS DOCUMENTS: Amended Plat of Tract 2 of the Kiefer Minor Residential Development & Becker Boundary Line Adjustment. LIQUOR LICENSES: County approval for renewal of liquor license was granted to Windjammer Liquors - 6% - Loveland, CO. Licenses were issued to: St. Louis Liquors, LLC. - 6% - Loveland, CO. and the Fort Collins Plaza Inn - 6% - Fort Collins, CO.

A98-195 WELFARE TO WORK AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS BY & THROUGH EMPLOYMENT &

TRAINING SERVICES AND THE COLORADO STATE BOARD OF

AGRICULTURE BY & THROUGH COLORADO STATE

UNIVERSITY FOR THE USE & BENEFIT OF THE CENTER OF

COMMUNITY PARTICIPATION

A98-196 PERSONAL SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS FOR THE USE & BENEFIT OF THE

LARIMER COUNTY MENTAL HEALTH CENTER AND DAREL J.

HULSING, M. D.

C98-73 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ECONOMICS RESEARCH ASSOCIATES

(Professional Consulting Services for Fairgrounds & Events Center)

C98-74 INTERGOVERNMENTAL CONTRACT FUNDING CHANGE

LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND THE COLORADO DEPARTMENT OF LABOR &

EMPLOYMENT (Increase in Original Funding Amount for

Intergovernmental Contract dated June 1998 - #KAA98-112- for

Purchase of Computers for the One-Stop Career Center)

C98-75 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, BY &

THROUGH THE DEPARTMENT OF LABOR & EMPLOYMENT

(Funding for Employment Activities to Specific Welfare Populations)

C98-76 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE COLORADO DEPARTMENT OF

HUMAN SERVICES (Children, Youth & Families Automation

Project/Infrastructure Provisions & Requirements)

R98-226g RESOLUTION ESTABLISHING RECOGNITION OF EFFORT

DURING 1998 (Appropriations of Salary Bonuses to Designated

Employees)

R98-227g RESOLUTION RECOMMENDING ADOPTION OF THE

LARIMER COUNTY TRANSPORTATION PLAN

R98-228g RESOLUTION ESTABLISHING COMPENSATION FOR

LARIMER COUNTY APPOINTED OFFICIALS (Effective

January 1, 1999)

Motion carried 2-0.

5. REQUEST FOR NEW POSITION FOR HUMAN SERVICES DEPARTMENT IN ESTES PARK: Ms. Riley requested Board approval of a new position for a Generalist Technician in the Estes Park office. Ms. Ellis noted that she has been sending one of her technicians from Loveland up to Estes Park approximately twice a week but they have only been able to focus their efforts on the Works and Food Stamp programs; she explained that placing a full time technician in the Estes Park office would allow them to expand their services and focus on more of the Adult services, such as the Medicaid and Disabled programs. Ms. Riley stated that they have not really created a new position as much as they are reestablishing a retired position; she noted that they have foreseen the need and have funded this position in the 1999 budget. Commissioner Disney suggested that a press release be drafted notifying the Estes Park community of the benefits this position will bring to their area.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the addition of a Generalist Technician Position in the Human Services Department, to be located in Estes Park.

Motion carried 2-0.

6. SYLVAN DALE CONSERVATION EASEMENT: Ms. Cameron requested Board approval on the purchase of a portion of the Sylvan Dale Guest Ranch property to be used as a conservation easement; she noted that the purchase would include 431 acres which surround the mouth of the Big Thompson River Canyon and it would preserve the scenic values of the entrance to the Canyon. Ms. Cameron explained that the appraised value of the land is $595,000 and the purchase price is $446,250; however, the landowner is donating 25% of the land which equals $148,750, the City of Loveland is donating $75,000, and Great Outdoors Colorado is providing a legacy grant of $100,000, so the County will only have to spend $271,250 of the Open Lands funds to acquire this property. Some discussion followed regarding the restrictions that were placed on this easement to insure no development takes place. Ms. Cameron noted that no residential development will occur, but that building structures associated with agriculture will be permitted with limitations.




M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the acquisition of a 431 acre conservation easement on the Sylvan Dale Ranch located at the mouth of the Big Thompson Canyon for $446,250; Larimer County will pay $271,250, Great Outdoors Colorado will pay $100,000 and the City of Loveland will pay $75,000, with the landowner donating 25% of the appraised value of $595,000.

Motion carried 2-0.

R98-229g RESOLUTION REGARDING THE CONTRACT TO BUY AND

SELL LAND (concerning the purchase of land within the Sylvan

Dale Guest Ranch to be used as a conservation easement)

7. WORKSESSION: Mr. Lancaster briefed the Commissioners on the Animal Task Force Meeting that took place last Tuesday; he presented a list of persons interested in serving on this task force and suggested the Board start recruiting efforts soon after the new year. Mr. Lancaster noted that even though the list is quite long, they will still have to go through the public process in order to give all interested parties a chance to participate. Commissioner Disney suggested creating a "paper trail" in order to document the process that is being used to create and operate this task force.

- Mr. Lancaster questioned whether or not Don Fish should be selected to serve on the Blue Ribbon Panel since he is also on the Center's external provider list and Foothills Gateway is a potential vendor. Commissioner Clarke stated that although Mr. Fish is well qualified and is probably a very solid individual, there may be a perception of a conflict of interest if he is selected as a member; therefore, he would not be a good candidate. Commissioner Disney agreed. Mr. Lancaster stated that he will remove Mr. Fish as a Blue Ribbon Panel member.

8. REAPPOINTMENT OF DAVE LENTZ AS LARIMER COUNTY PEST INSPECTOR: Ms. Henderson explained that reappointment of Mr. Lentz as County Pest Inspector is required under Colorado Law every two years; she noted that the reappointment will allow Mr. Lentz to continue working with landowners and do the enforcement on pests, insect infestations and plant diseases. Ms. Henderson requested the Board reappoint Mr. Lentz for a two-year term ending December 31, 2000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the reappointment of the County Forester, Dave Lentz, as County Pest Inspector for a two-year term ending December 31, 2000.

Motion carried 2-0.

9. BRIEFING ON MICRO-COMPUTER ACQUISITION CONTRACT AND PROCESS: Mr. Paratore explained that every two years the IMS Department selects a primary vendor for micro-computer replacement purchases; he noted that in the past, there have been some complaints from vendors stating that they did not have a fair opportunity to compete for the bid, so this year they put together a comprehensive list of vendors and solicited their business in the following manner: 1) The vendors were given a list of specifications that met or exceeded the machines that were ordered by the County during 1999, and they were asked to provide a similar machine; 2) Upon receipt of these units, the Help Desk team began a pre-defined process to uniformly evaluate each piece of equipment; 3) The results of the testing were presented to the Larimer County Standards Committee for review; 4) Based upon the results of the testing, the Standards Committee recommended a vendor, to become effective January 1, 1999. Mr. Paratore noted that based upon the results of the vendor comparisons, Dell Computer Corporation is being recommended as the vendor for Larimer County for the next two years. Commissioner Disney asked when IMS might consider participating in a lease program, rather than purchasing computers that have to be replaced every three years; Mr. Paratore noted that IMS will begin looking at this option next year. Ms. Rowe also informed the Board that the County will enter into a joint purchase order with the City of Fort Collins in order to receive an additional 2% discount from Dell for the overall computer purchases for both entities.

10. APPOINTMENTS TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY BOARD: Mr. Gluckman presented the Board with the list of recommended appointees to the Larimer Emergency Telephone Authority (LETA) Board; he explained that the County Attorney is looking into the possibility of changing the current Intergovernmental Agreement in order to allow the Board more flexibility so they may request a pool of names to choose new members from, rather than just bless those names that have been submitted on behalf of LETA. Mr. Gluckman stated that the Board does have this flexibility when choosing the County member and that there were two names submitted: Steve Bebel from the Sherrif's Department and Andy Paratore from IMS; he noted that Mr. Paratore could probably broaden the scope and provide an outside prospective.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following appointments to the Larimer Emergency Telephone Authority Board: Steve Charles, representing Berthoud, Estes Park, Wellington and Timnath; Deryle O'Dell, representing the City of Fort Collins; Lyle Huff, representing Poudre Valley, Thompson Valley and Estes Park Hospital Districts; and Andy Paratore, representing Larimer County.

Motion carried 2-0.


11. COMMISSIONER REPORTS: Commissioner Clarke noted that the people involved with Wyndom Hill PUD had previously agreed to pave a portion of County Road 13 as part of their initial approval; however, they will not get their permits pulled prior to February 15th, which is when the new road fees will go into effect, and they do not think it is fair that they have to pay the road fee and still have to pave the road. Some discussion followed and the Board felt this was something to discuss further during legal matters.

12. LEGAL MATTERS: At this time County Attorney George Hass, Assistant County Jeannine Haag and Planner John Pedas joined the meeting for legal matters.

Commissioner Clarke briefed the attorneys on the situation with Wyndom Hill PUD and they tried to determine if the County could allow the applicants for this PUD to forgo paving the road and have them pay the fee instead. After some discussion, the Board decided that the Engineering Department should be involved and the discussion was tabled until next week during Administrative Matters.

Ms. Haag noted that there is a merger taking place between AT & T and TCI, therefore, the Board needs to adopt a resolution approving the revision of the Agreement with Heritage Cablevision to reflect the merger.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners consent to the merger between A T & T and TCI as it relates to the Franchise Agreement with Heritage Cablevision of Delaware, and authorize the Chair to sign a resolution approving the merger.

Motion carried 2-0.

R98-230g RESOLUTION APPROVING A MERGER BETWEEN

AT&T CORP. AND TELE-COMMUNICATIONS, INC.

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND HERITAGE CABLEVISION OF DELAWARE, INC.











M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session in order to discuss potential litigation.

Motion carried 2-0.

Executive Session ended at 11:45 with no further action 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

__`_________________________________

Gael M. Cookman, Deputy County Clerk


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