Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 20, 2002

LAND USE HEARING

(#50)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Rob Helmick, Senior Planner; Sean Wheeler and Karin Knauf, Planners; Claudia DeLude, Code Enforcement Officer; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

Commissioner Rennels noted an ordinance is proposed for the imposition and collection of assessments in Lin Mar Subdivision and read the title into record.

  1. GREELEY-BOULDER COLONY AMENDED PLAT: THE SITE IS LOCATED AT 2395 SPUR 66, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request to vacate and relocate an existing utility easement. No other changes are proposed at this time. Staff recommendation is approval with the following conditions 1. A driveway maintenance agreement for Lots 18A, 18B, and 18C shall be submitted for recording with signed mylars. This maintenance agreement shall be subject to review and approval by Town Attorney White; 2. Compliance with Town Attorney Whites comments dated March 21, 2002; 3. Compliance with Town of Estes Park Public Works Director Linnanes memo dated March 19, 2002; 4. Compliance with Larimer County Engineering Departments' memo dated March 14, 2002.

2. HORSE CREEK RANCH FINAL PLAT: THE SITE IS LOCATED AT THE INTERSECTION OF LITTLE VALLEY ROAD AND ST. FRANCIS WAY, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request for the final plat of a 42-acre tract of land into three (3) buildable lots for single-family residential development. This request is consistent with the approved preliminary plat. Staff recommendation is approval with the following conditions 1. Compliance with Town of Estes Park Public Works Director Linnanes memo dated April 25, 2002. (Issues include, but are not limited to, obtaining appropriate work permits, fire hydrant spacing, water line size, and construction drawings); 2. Compliance with Larimer County Engineering Departments memo dated April 25, 2002. (from Dale Greer, issues include surveying details and record filing); 3. Add the following language to note 6: "Extension of the Town's water systems to Lots 1, and 3 shall be subject to all applicable regulations and policies of the Town with regard to extension of its water system." (from Town Attorney White); 4. Removal of note 7, which states "Portion of site visible from Highway 7", along with graphic indicator. This information is supplied on the preliminary plat. (from Town Attorney White); 5. Addition of the following: "Approval of this Plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended" and, addition of a one-eighth-inch hatched border to the inside boundary line; 6. Submittal of a Subdivision Improvement Guarantee including the following: water line, fire protection, and culvert installation. The preliminary cost estimates have been approved by Public Works.

3. ABRAMS FARM, NEW STREET NAME: PORTIONS OF SOUTH 1/2 OF SECTION 1, TOWNSHIP 4N, RANGE 69W. LOCATED ALONG NORTH SIDE OF CR 12, ALONG WEST SIDE OF WELD COUNTY LINE, APPROXIMATELY .5 MILE EAST OF HIGHWAY 287.

This is a request to name a new street that will serve a subdivision of 35-acre parcels (lots). Staff recommendation is approval of the proposed street name, Abrams Way, located along a Portion of the south half of Section 1, Township 4N, Range 69W.

4. CARTER-KIVA SUBDIVISION PRELIMINARY PLAT: NE 1/4 OF SECTION 34, TOWNSHIP 5N, RANGE 70W; LOCATED ALONG NORTHEAST SIDE OF CR 31, DIRECTLY NORTH OF CARTER LAKE.

This is a request to subdivide a 26.17-acre parcel that contains barn, storage buildings, and pump house, into 2, single-family residential lots. Lot 1 will be 9.62 acres; Lot 2 will be 13.77 acres. Staff recommendation is approval with the following conditions 1. Lots 1 & 2 must use their separate accesses off of County Road 31 and through the Bureau of Reclamation property, respectively. A gate located near the turnout for the building site on Lot 1, on the road that runs through the Carter-Kiva Subdivision property, is required to separate the accesses. The gate must be shown on the final plat; 2. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that 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 Loveland Fire Prevention Bureau requirements stated in memos dated October 1, 2001 and February 6, 2002, must be fulfilled; 4. Footing and foundations for any new houses must be constructed according to specifications by the Colorado State Geological Survey memo, dated 2/13/02; 5. The applicant must follow County Weed Control Department recommendations, listed in the Carter-Kiva Weed Management Plan, for any portion of the property where construction occurs; 6. The applicant must fulfill any requirements that are stipulated by the Engineering Department's Reclamation Specialist regarding implementation of Larimer County Storm-Water Management Manual standards. These requirements would specify drainage improvements and revegetation for roads located on steep, onsite hills.

5. CARLSON SUBDIVISION PRELIMINARY PLAT: SE 1/4 OF 33-5-68: LOCATED ON THE NORTH SIDE OF COLORADO HIGHWAY 60 APPROXIMATELY 1/4 MILE WEST OF COUNTY ROAD 7.

This is a request for a Preliminary Plat for a Subdivision to divide 10.2 acres into two lots for single family residential uses. The lots will be approximately 5.0 acres each. Staff recommendation is approval with the following conditions 1. The Final Plat of the Carlson Subdivision shall be consistent with the information contained in the file, #01-S1842 or as modified by conditions of approval; 2. The applicant shall execute a Development Agreement and provide a Disclosure Notice for final approval by the County as a part of the Final Plat. These documents shall be recorded with the Final Plat, and shall provide notice to all future lot owners of the conditions of approval and issues, costs or fees associated with the approval of this project; 3. The applicant shall provide a Disclosure Notice to be recorded as part of the final plat, that addresses or provides notice to potential buyers of the conditions of approval, special costs or fees associated with the approval of this project and the following issues including, but not limited to a) groundwater; b) radon and mitigation; c) requirements for soil testing for septic systems and engineered footing and foundations; d) rural area issues; e) participation in a HOA; f) the existence of the ditch agreement with the Christian Lateral Ditch; g) the existence of the Protective Covenant Agreement (view) recorded at Larimer County reception number 2001071855; h) that roads are maintained by adjacent property owners through a Covenant for Road Maintenance and Use and not by Larimer County; i) the requirements to pay fees; j) building envelope and location certification requirements; k) the need for passive radon mitigation; l) issues raised in the review and or related to compliance with the Larimer County Land Use Code; 4. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J School fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fee (in Lieu of Land Dedication). The fee amount that is current at the time of building permit shall apply; 5. The applicant is responsible for the requirements as outlined in the memo from the Larimer County Engineering Department, dated March 19, 2002; 6. The applicant shall execute the necessary agreements with the Christian Lateral Ditch Company prior to approval of the Final Plat; 7. The applicant shall comply with the requirements of the Loveland Fire Protection Bureau and the standards provided in Section 8.1.4 of the Land Use Code for rural fire protection; 8. The applicant shall comply with the requirements of the Colorado Department of Transportation as outlined in the comments received in their memo dated March 29, 2002; 9. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

6. SHENEMAN RIGHT OF WAY VACATION: NE 1/4 OF 13-8-69: LOCATED EAST OF PHEASANT LANE

This is a request for Right of Way Vacation to vacate a portion of a Right of Way dedicated for road purposes when the lots were established. Proposed vacation is between the Windsor Reservoir and a previously vacated portion of the original Right of Way. Staff recommendation is approval of the right-of-way vacation.

7. BIG HORN RIDGE SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT: 10-06-68; SOUTHWEST OF THE INTERSECTION OF TIMBERLINE AND CARPENTER ROADS, SOUTH OF THE CITY OF FORT COLLINS.

This is a request for a combined Preliminary Plat and Final Plat for a three-lot subdivision. Staff recommendation is approval of the application with the following conditions 1. The Final Plat shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 2. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 3. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 4. Drainage plans and Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, City of Fort Collins, Loveland Fire Protection District, Fort Collins Loveland Water District, and the South Fort Collins Sanitation District; 5. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 6. The applicant shall improve or make provisions for the improvements of County Roads 32 and 11 along the developments entire frontage, to the current road standards; 7. The applicant is responsible for the requirements for Fire Protection as outlined in the memo from the Loveland Fire Protection District, dated January 22, 2002; 8. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated January 11, 2002; 9. The Final Plat and subsequent amended plats shall respond to the concerns of the Larimer County Department of Health and the Environment as outlined in their memo, dated January 10, 2002; 10. The Development Agreement shall clearly articulate and describe the restrictions on all lots in this development pertaining to the issuance of building permits, Site Plan Review, Amended Plats and or re-subdivision, and regarding the responsibility for on and off site improvements. Staff recommendation for final plat is approval, and authorization of the Chair to sign the same upon receipt. This approval includes all the conditions of preliminary plat approval that apply to the development of the site and any subsequent applications.

8. BEVERLY ACRES SUBDIVISION, COMBINED PRELIMINARY AND FINAL PLAT: SW 17-04-69: THREE MILES WEST OF BERTHOUD ON THE NORTH SIDE OF STATE HIGHWAY 56

This is a request to divide 10 acres into two residential lots. Staff recommendation is approval with the following conditions 1. The Final Plat of the Beverly Acres Subdivision shall be consistent with the information contained in the file, #00-S1860 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 3. The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County, as a part of the Final Plat and to be recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, soil testing for the new septic permit and other issues raised in the review, or related to compliance with the Larimer County Land Use Code; 4. The owner of Lot 2 must contact the Health Department and obtain a permit for the new septic system. The applicant will need to provide soil test data to assist in determining if an engineered septic system is required; 5. The note regarding the detention area must be modified to read; "No Structures shall be allowed inside this area; 6. The owner of the property shall delineate on the Final Plat the field ditch that serves other adjacent property owners and a written easement describing the normal irrigation responsibilities such as access and maintenance.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented by staff.

Motion carried 3 - 0.

Mr. Helmick stated that the applicant for item #10- Teal Creek PUD has requested that this item be tabled to July 1, 2002 at 3:00 p.m. Mr. Jim Martell, representative for the applicant noted the same for the record.

M O T I O N

Commissioner Rennels moved that the Teal Creek PUD Final Plat and Development Agreement be tabled to July 1, 2002 at 3:00 p.m.

Motion carried 3 - 0.

  1. CEDAR CREEK ROAD STREET NAME CHANGE: 19-06-70 AND 24-06-71: NORTH EAST OF CEDAR PARK, AND NORTH OF U.S. HIGHWAY 34, WEST OF DRAKE, IN THE BIG THOMPSON CANYON

This is a request to name a section of an unnamed forest service road in the Cedar Park areas, west of Masonville and north of the Big Thompson Canyon. Mr. Wheeler noted that staff has not heard back from the Loveland Fire Department or LETA, the emergency service authority, regarding the proposed name and that two area residents are present with concerns regarding the name. For these reasons, Mr. Wheeler continued, staff suggests the item be tabled after hearing public comment.

Mr. Dan Frantz, the applicant, stated that he is trying to fulfill the request of Building staff, and that the road be named in order to comply with LETA. Mr. Frantz stated that he sent area residents notification of a community meeting, at which 7 of the 30- or so attended and no comments were received from the absent residents

Ms. Becky Seville, area resident, stated that she lives on Forest Service Road 128 and that the applicant's road is "branched" off FSR 128, therefore she requests that only that portion of Mr. Frantz's road be renamed.

At this time the hearing was closed to the public and Commissioner Bender asked how many roads in the area have the word "cedar" in the name? Mr. Wheeler stated that he did not know since no response has been received from LETA or the Loveland Fire Department.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Cedar Creek Road street name change indefinitely to determine a consensus of road names in the area and in conjunction with the Forest Service, LETA and the Loveland Fire Department.

Motion carried 3 - 0.

11. SNYDER ZONING VIOLATION: 240 S. MONROE, LOVELAND

Ms. DeLude stated that the alleged violations are of Section 4.1.1 Outdoor storage is not a permitted use in the FA-Farming zoning district and Section 4.1.1(B)(4) No parcel can be used for more than one principle building of the Land Use Code. However, Ms. DeLude continued, the property owner's son-in-law called this morning and believes he can bring the property in to compliance within 90-days; his plan is to dismantle the singlewide and haul it off.

Chair Gibson noted that neither the property owner nor public is present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find that a violation exists, require compliance within 90 days, and authorize legal action if the deadline is not met. Compliance would require the single wide mobile home be removed from the parcel, or an application for a Variance/Extended Family Dwelling be submitted within the 90 days. Should an application be submitted and should it subsequently be denied the singlewide mobile home will be required to be removed from the parcel within 30 days of such denial. Should an application be submitted and it is approved, building permits must be applied for with all required inspections conducted.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:00 p.m.

LAND USE HEARING

(#50)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney and Jean O'Connor, Recording Clerk.

Mr. Helmick stated that the applicant has requested that Autumn Creek Conservation Development be tabled again to July 1, 2002 at 6:30 p.m.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner table Autumn Creek Conservation Development to July 1, 2002 at 6:30 p.m. as requested by the applicant.

Motion carried 3 - 0.

2. COLORADO NATURAL AREAS PROGRAM DISCUSSION

Mr. Ron West, Manager of the Colorado Natural Areas Program briefed the Board on the program and the formal designation process. Mr. West also noted that the designation maps provided are approximate and not exact boundaries. Mr. West stated that the designation for North Poudre Reservoir is not accurate. The designation is for the hogback area adjacent to the reservoir and not the reservoir itself. The boundary and name will be reviewed and Mr. West noted that he would notify the Board as well as the Poudre Irrigation Company of the outcome. Commissioner Rennels inquired as to public access to the designated areas and Mr. West stated that whatever access is available currently, designation would not change. The landowner, Mr. West continued also signs Articles of Designation with the Land Board.

Mr. Adrian Weaver, agricultural lessee for one of the sites, stated that the site is an alternative for the 287 by-pass and asked how the designation would affect that potential project. Mr. West stated that he could not speak for the Land Board and noted that an appeal process is available to property owners.

Mr. Steven Smith, Manager of North Poudre Irrigation stated that he had not received any notification of the designation until his stockholders started calling this morning with concerns. Mr. Smith encouraged changing the name for the proposed North Poudre Reservoir designation. Mr. Smith also made it clear that all existing easements and decrees remain as is currently.

Mr. Gayland Beaver asked exactly what area in the proposed Sandcreek designation is included. Mr. West stated that only that land which is owned by the State Land Board is included in the designation and that private property would remain private.

There being no further business, the hearing adjourned at 7:00 p.m.

TUESDAY, MAY 21, 2002

ADMINISTRATIVE MATTERS

(#51)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Chuck Woodward, County Treasurer; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; Robin Ray, IMS; Andy Paratore, Chief Information Officer; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 13, 2002:

M O T I O N

Commissioner Bender moved that the minutes for the week of May 13, 2002 be approved as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 27, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve the schedule for the week of May 27, 2002.

Motion carried 3 - 0.

4. APPROVAL OF THE CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda for May 21, 2002:

A02-62 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE HILL AT COBB LAKE LLC AND THE HILL COMMUNITY ASSOCIATION FOR THE HILL CONSERVATION DEVELOPMENT

A02-63 FACILITY PLANNING AND PROJECT MANAGEMENT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANNE NOEL PERRY

A02-64 FACILITY PLANNING AND PROJECT MANAGEMENT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHARON ROWLEN

A02-65 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WINDSOR RESERVOIR AND CANAL COMPANY FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-66 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC. FOR ROAD IMPROVEMENTS ON COUNTY ROAD 5

A02-67 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF PARCEL PE-14 REV, TE-14 REV

A02-68 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF PARCEL TE-4 SOUTH OF BIG THOMPSON RIVER

C02-12 CONTRACT RENEWAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF CORRECTIONS FOR PAROLE MONITORING

C02-13 CONSTRUCTION CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC FOR RESURFACING PROGRAM (PN 250)

C02-14 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO STATE DEPARTMENT OF CORRECTIONS FOR MONITORING INTENSIVE SUPERVISION PROGRAM

D02-12 DEED OF DEDICATION OF RIGHT-OF-WAY FOR USE AS A PUBLIC HIGHWAY BY THE WINDSOR RESERVOIR AND CANAL COMPANY

R02-81 FINDINGS AND RESOLUTION APPROVING SHEAHAN AMENDED EXEMPTION PLAT

R02-82` FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES, 13TH FILING

R02-83 FINDINGS AND RESOLUTION GRANTING THE RELEASE OF COLLATERAL FOR GLACIER VIEW MEADOWS

R02-84 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES, 12TH & 13TH FILING

R02-85 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE HILL CONSERVATION DEVELOPMENT

R02-86 FINDINGS AND RESOLUTION CLARIFYING DRIVEWAY PLAT NOTE FOR SUTTON LAND MINOR SUBDIVISION

R02-87 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF JAMES AND BECKIE KRAKEL- Russell Pit

R02-88 FINDINGS AND RESOLUTION APPROVING SHEAHAN AMENDED EXEMPTION PLAT

R02-89 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL JASON St. AUBIN

MISCELLANEOUS: Amended Plat of Lots 1 & 3, Jenks MRD; Fort Collins Industrial Park 1st Filing Amended Plat of Lots 25 - 29 ; Colona Condominiums Supplement #3; Amended Plat of Glacier View Meadows Subdivision 8th Filing; Amended Plat of Lots 9A & B, 10A & B, and 11A & B of Block 18, West Hiawatha Heights; Hill Conservation Development Final Plat; Conveyance of permanent drainage easement to Larimer County by Sharlynn Wamsley LRB-1135; Conveyance of permanent drainage easement and temporary construction easement to Larimer County by Arthur Mullen, Jr. for Ferndale LID PN8489.

LIQUOR LICENSES: The following license was issued Ventex LLC Store #313- 3.2%- Fort Collins, CO. The following licenses were approved Sandy's Convenience Store- 3.2%- Loveland, CO; Riverbend Resort- 3.2%- Loveland, CO; and Fox Acres Equity Club- H & R - Red Feather Lakes, CO- Transfer of Ownership and Temporary License.

Motion carried 3 - 0.

5. WORKSESSION: Mr. Gluckman stated that the City of Fort Collins is submitting a grant application to continue the East Mulberry/Blue Spruce Transfort bus route and asked the Board for a letter of support to be submitted with the application. Consensus of the Board is to provide such a letter to the City.

Mr. Gluckman stated that Ms. Cameron, Open Lands Manager, has also requested a letter of support for submissions to GoCO for grant applications. Consensus of the Board is to provide a standard letter of support for all grant applications to GoCO.

6. BRIEFING ON IMAGING PROJECT STATUS: Mr. Ray and Mr. Paratore briefed the Board regarding the current status of the imaging project and future goals. Ms. Barbara Blackburn, Imerge Consultant briefed the Board on her recommendations for the imaging project and the products and vendors available.

7. INFORMATION MANAGEMENT SERVICES (IMS) AND PAY FOR PERFORMANCE: Mr. Paratore stated that IMS took advantage of a pay-for-performance option made available by the previous Board. Originally, this option was available to only part of the department with the understanding that the entire department would take advantage of pay-for-performance in the future. Today, Mr. Paratore continued, he is requesting to have pay-for-performance available to the remainder of his Department.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the IMS pay-for-performance plan to be implemented in the remaining three IMS departments to be effective July 1, 2002.

Motion carried 3 - 0.

8. RETIREMENT BOARD REQUEST: Mr. Woodward stated that last week the Retirement Board had provided the Board with additional information regarding a budget request for $30,000 to hire a consultant to review the County retirement plan to be sure employees are getting the most out of the plan as possible. Commissioner Rennels stated that upon further review of the figures, she is in support of the expense.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Retirement Board budget request for $30,000.

Motion carried 3 - 0.

9. COMMISSIONER REPORTS: The Board individually noted their attendance to events published on the weekly schedule.

10. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:45 a.m.

THURSDAY, MAY 23, 2002

FERNDALE LOCAL IMPROVEMENT DISTRICT

ASSESSMENT HEARING

(#52)

The Board of County Commissioners met at 6:30 p.m. for the Ferndale Local Improvement District (LID) Assessment Hearing. Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Linda Sanders, Engineering Staff Services Manager; Rex Burns, Project Engineer; Rusty McDaniel, Assistant County Engineer; and Gael Cookman, Recording Clerk.

Mr. Burns noted that this Hearing was necessary to meet the legal requirements to impose assessment fees regarding the Ferndale LID; he explained that the streets in this area have been platted for a long time but they have never been improved. Ms. Sanders briefed the Board on the economics of the process, describing the bond procedure and how the residents will be assessed. Ms. Sanders also noted that there was a change regarding how one of the residential properties will be assessed due to the fact that this lot does not have reasonable access to the streets being improved, therefore, the assessed value was lowered. Ms. Sanders explained that the residents have the option of paying the assessment in full between August 1 and August 31, 2002, to avoid paying any interest. Mr. McDaniel explained the methods they would use to improve the streets, including paving, installation of curb and gutters, and modifications to the drainage system. He noted that they have taken measures to make the improvements move affordable for the residents by removing the curb and gutters that were originally earmarked for Ferndale, since installation of these items would cause the road to be elevated higher than the adjoining residential properties.

At this time Chair Gibson opened up the Hearing for public comment. Delbert Wright addressed the Board stating that he was very glad this project is moving forward and he thanked the staff and everyone who participated in this process. Carol Johnson Russo stated that this was the first time they had heard that there would not be curb and gutters installed on Ferndale and she asked what would happen along this road. Mr. Burns explained that it would be best to meet at the site and go over the options along this part of the street; he stated that he would contact Ms. Russo to arrange a meeting to discuss the alternatives. Ms. Russo also asked who is responsible for paying off the assessment if they decide to sell the property. Mr. Burns explained that it is considered a lien on the property and that in all probability the mortgage company/lender would require the seller to pay off the lien; however, it could also be a negotiating point in the contract. Ms. Russo then also thanked the staff for all of their hard work on this project. Rosie Wright explained that she did not want to make payments for 15 years and asked the Board if there was a way to split the payments on all of her properties so that they all could be exempt from paying the interest. Mr. Burns noted that she could pay whatever portion she wanted to prior to September 1, 2002 in order to avoid interest charges; then she could pay the remainder of her assessments when she receives her bill in January. He explained that she would have to pay the four months of interest, but that it should not amount to very much. Wanita Johnson stated her concerns with speeding in the area and asked if it was possible to install speed bumps or water bars. Mr. McDaniel explained that there was a process that would have to take place before speed bumps or speed humps could be installed and he stated that he would get her more information on the process. He also explained that there would be somewhat of a waterbar on Vernon Street and that should slow down vehicles at least on that particular street. Ms. Johnson also questioned whether or not her tree and chain link fence would need to be moved to complete the improvements. Mr. Burns stated that he felt the tree would not need to be moved to complete the improvements, and if the chain link fence needed to be moved then the County would do so and reinstall it for her.

Chair Gibson closed the public comment session.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners adopt the Resolution approving Larimer County Local Improvement District Number 2000-1 (Ferndale/Godinez Subdivisions.

Motion carried 3-0.

R02-90 RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVEMENTS TO BE MADE IN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NUMBER 2000-1 (FERNDALE/GODINEZ SUBDIVISIONS); APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID CONST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS.

The meeting adjourned at 7:00 p.m.

_____________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

S E A L

(A T T E S T)

_________________________________

Jean M. O'Connor, Clerk to the Board

__________________________________

Gael M. Cookman, Deputy County Clerk

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