> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 14, 1994

SUBDIVISIONS

(#465 & #466)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Al Kadera, Subdivision Administrator; Russ Legg, Development Processing Administrator; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett 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. WINDCLIFF ESTATES 4TH SUBDIVISION AMENDED PLAT;

(#94-SA0422): 03-04-73; SOUTH OF SPUR 66, WEST OF ESTES PARK;

4.6 ACRES; 6 LOTS; E-ESTATE ZONING (03-14-94)

This is a request for an Amended Plat of Lot 4, Block 1, Windcliff Estates Fourth Subdivision to divide approved condominium units so each building has a separate lot. Staff Findings include: 1) Windcliff Estates was approved in 1975; 2) This Amended Plat is intended to create individual lots in place of a large building envelope. The total number of dwelling units will not increase; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. Upper Thompson Sanitation District should be consulted concerning the location of an easement for an existing sewer line.

Staff Recommendation is for Approval of the Amended Plat of Lot 4, Block 1, Windcliff Estates Fourth Subdivision with the condition that before the Final Plat is recorded, the applicant shall obtain the approval of the Upper Thompson Sanitation District for an easement to accommodate an existing sewer line.

2. FERGUSON'S SUBDIVISION AMENDED PLAT (#94-SA0423):

35-05-73; BETWEEN MIDDLE BROADVIEW AND UPPER

BROADVIEW ON THE WEST SIDE OF MARY'S LAKE ROAD;

8.39 ACRES; 18 LOTS; E1-ESTATE ZONING (03-14-94)

This is a request for an Amended Plat of Lot 18 and a portion of Lot 19, Hayden Re-Subdivision and Lots 2 through 16, Block 11 Ferguson's Subdivision to reconfigure the access and utility easements to these lots. The number of lots does not change. Staff Findings are: 1) Ferguson Subdivision was approved in 1904. Changes in the area have made it desirable to amend this Plat to improve access and utility easements; 2) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections; 3) Access should be limited to subdivision streets and easements. Directed access to county roads should be discouraged; 4) The Amended Plat accurately depicts the configuration of the lots after Mary's Lake Road was constructed.

Staff Recommendation is for Approval of the Amended Plat of Lot 18 and a portion of Lot 19, Hayden Re-Subdivision and Lots 2 through 16, Block 11, Ferguson Subdivision, with the following conditions: 1) Lots 6 and 7 will share the existing access to Mary's Lake Road 2) All easements shall be clearly identified with respect to their width and intended use; 3) Any additional easements required by the utilities shall be added to the Final Plat before recording; 4) Require that the access easement as shown on the Final Plat, which is the cul-de-sac between the lots, will be dedicated as a public right-of-way.

3. MEADOWDALE HILLS 2ND AMENDED PLAT (#94-SA0424):

344-05-72; NORTH OF HIGHWAY 36, SOUTH OF ESTES PARK;

4.32 ACRES; 3 LOTS; 0-OPEN ZONING (03-14-94)

This is a request for an Amended Plat of Lots 104, 106, 107 and 108 Meadowdale Hills 2nd to reconfigure four existing lots to result in three larger lots. Staff Findings include: 1) Meadowdale Hills Second Filing was approved in 1964; 2) The lots are non-conforming with respect to the minimum lot size required by the zoning. Consolidating four lots into three building sites will bring the lots closer to conformance with the minimum lot size; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 104, 106, 107, and 108 Meadowdale Hills Second Filing.

4. NUSSBAUMER MINOR RESIDENTIAL DEVELOPMENT EASEMENT

VACATION (#S-58-87): NW 33-07-68; 1/2 MILE NORTH OF HARMONY

ROAD ON THE EAST SIDE OF COUNTY ROAD 9; FA-1 FARMING

ZONING (03-14-94).

This is a request to vacate an easement. Staff Findings are: 1) The Nussbaumer Minor Residential Development was approved in 1987; 2) The Final Plat included an easement through Tract 1 for access and utilities to the other tracts. The Plat also included a note that this access shall be abandoned when the lots have access via the new roads being constructed in the Nussbaumer and Stoebel Minor Residential Developments. The roads are complete and vacating the access easement is appropriate; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed vacation and stated no objections; 4) The Final Plat notes that there are existing water and telephone lines in this easement. Any cost of moving existing utility lines shall be the responsibility of the applicant.

Staff Recommendation is for Approval of the vacation of the access and utility easement on Tract 1, Nussbaumer Minor Residential Development, with the condition that the cost of moving any existing utility lines shall be the responsibility of the applicant.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Windcliff Estates 4th Subdivision Amended Plat (#94-SA0422); Ferguson's Subdivision Amended Plat (#94-SA0423); Meadowdale Hills 2nd Amended Plat (#94-SA0424); and the Nussbaumer Minor Residential Development Easement Vacation (#S-58-87); each, with the conditions as outlined.

Motion carried 3 - 0.

5. PTARMIGAN SUBDIVISION 3RD AND 4TH FILINGS (#93-SU0391 &

#93-SU0409): SE 14-06-68; NORTHWEST CORNER OF COUNTY ROAD

3 AND COLORADO HIGHWAY 392 AND S 1/2 14-06-68; NORTH OF

STATE HIGHWAY 392, 3/4 MILE EAST OF COUNTY ROAD 5;

54.1 ACRES/4.3 ACRES; 146/25 LOTS; E1-ESTATE ZONING (03-14-04)

This is a request for Preliminary Plats - Third Filing is to divide 54 acres into 104 lots for detached single family dwellings and 32 "lots" for attached single family (this proposal is a replat of portions of Ptarmigan 1st Filing); Fourth Filing is to divide 4.3 acres into 25 lots of 4,176 square feet to 7,096 square feet for single family dwellings with 3/4 acres of open space. Mr. Legg stated that the 3rd and 4th Filings will complete the Master Plan build-out of the Ptarmigan Planned Unit Development and noted for the record that all the taxes due on the property have been paid by the applicant. Chair Duvall asked if the water and sewer services were adequate for this subdivision; Mr. Legg and Mr. Blehm answered affirmatively. She also asked if this subdivision fits with the interpretation of the Comprehensive Plan in terms of growth coming out in an orderly progression from the cities. Mr. Legg responded that this area is designated for development as rural non-farm and meets that criteria. Staff Findings include: 1) The proposed 3rd and 4th Filings are in substantial compliance with the approved Master Plan; 2) Final Plats shall be in compliance with the attached comments from reviewing agencies and shall be approved by those agencies.

The Staff/Planning Commission Recommendation is for Approval of the Preliminary Plats for Ptarmigan Subdivision 3rd and 4th Filings, with the following conditions: 1) Compliance with comments of the reviewing agencies attached to this report; 2) Details regarding townhome setbacks architectural styles, landscaping and building orientation shall be submitted for approval with the Final Plat; 3) Urban level fire protection shall be verified by plan and collateral with the Final Plat; 4) Notes shall be placed on the Final Plat indicating that: A) There are existing agricultural & gravel zoning uses in the area. These uses will continue and may not be discontinued by action of Larimer County; B) The Fort Collins-Loveland Airport is located southwest of Ptarmigan. Aircraft noise may exist as a result of aircraft operations; C) There is an abandoned landfill located southeast of Ptarmigan.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Ptarmigan Subdivision 3rd and 4th Filings.

Motion carried 3 - 0.

6. CIMARRON LAKE (#93-SU0313): W 1/2 23-08-69; NE CORNER OF

COUNTY ROAD 17 (N. SHIELDS) AND COUNTY ROAD 54

(DOUGLAS ROAD), SOUTH OF KLUVER RESERVOIR AND

WATER SUPPLY RESERVOIR #4; 96.2 ACRES; 40 LOTS;

FA-FARMING ZONING (03-14-94)

This is a request to divide 96.2 acres into 39 lots of 2.29 acres to 3.46 acres each for single family dwellings. Mr. Kadera requested that the comments made regarding Cimarron Lake apply also to Eagle Lake because of the commonalties of the two requests. Mr. Kadera provided an overview of the proposed developments and noted that several neighborhood meetings were held, which resulted in the applicants hiring consultants to address most of the concerns expressed by Staff and the neighbors. The primary issues identified were access, wildlife issues, and utilities; however, the major issue is whether or not public sewer should be required. Mr. Kadera stated that the Cherry Hills Sanitation District indicated they cannot provide service, as they are at capacity; the City of Fort Collins is not interested in pursuing anything in this area at this time; and the Boxelder Sanitation District indicated that the best, most efficient sewage treatment plan at this time would be individual septic systems. A Management Plan for Septic Systems has been proposed by the developers which would have the property owner's association collect annual dues and manage all of the septic systems as a group; the homeowner's association will assume the responsibility. and retain a firm to inspect the systems every two years to insure proper maintenance of these systems. The policy issue for the Board to consider today is whether or not the north boundary of Fort Collins should be established at this time by approval of this request; the Planning Commission felt it was appropriate and the neighborhood is generally in favor of the proposed subdivision. Mr. Kadera stated that there are two points of access to the project and the developer will be required to reconstruct Shields from his boundary to the intersection, as required by the County Engineer. Staff Findings include: 1) Cimarron Lake Subdivision is consistent with the minimum requirements of the Subdivision and Zoning Resolutions; 2) The applicant has demonstrated that the development of the immediate area will be limited by terrain, lakes, ditches, wetlands and ownership patterns; 3) Impacts on wildlife will not be significant if the recommendations in the consultant's report are followed; 4) A public sewer policy issue must be decided with respect to requiring public sewer to serve new residential development in this area. The Health Department recommends that public sewer be the first choice for sewage disposal in all new subdivisions; 5) Two neighborhood meetings were held to identify and discuss issues and impacts created by this development.

Mr. Jim Martell, representing the applicant, addressed the Board and noted that these two projects are the last two pieces of property in the area that have not been developed--built-out developments surround both projects. Mr. Martell stated that the area is not suitable for farming, it is essentially grassland and the density proposed is consistent with the surrounding uses and densities. Mr. Martell noted again that the developer has attempted to address the concerns of the neighbors and Staff regarding the wildlife, traffic and septic system issues by retaining consultants, and the developer agrees with all the conditions and requirements outlined by Staff. Mr. Martell stated that he believes the proposed development is the most appropriate land use of this property and requested approval by the Board of the proposed development.

The following adjacent property owners addressed the Board: Jeannine Hess, Ken Geissan, Priscilla Ciano, and Cynthia Mither, citing their concerns of: the traffic study not being conducted at a high-volume traffic time; overgrazing by horses; roads in the Starlight Drive and Joey Road Subdivisions will not be used for access to this subdivision, lack of Master Plan for the area, elimination of open space in the area, destruction of chip seal on County Road 17 and Travis Road and high maintenance costs, leap frog development out of Fort Collins, increased traffic and air quality problems, wildlife, protection of financial interest on Travis Road and damage incurred by construction trucks, loose running dogs, etc.

Joe Fonfara, Karl Schakel, Kay Kares, Bob Nussum, Gary Doberstine, Glenda Jackson spoke in favor of the subdivision, noting that the Division of Wildlife has expressed no opposition to the development and indicated that development may actually result in more vegetation for wildlife habitat. They noted that the City of Fort Collins has expressed a desire for more development to the north to sustain some retail and commercial facilities. Mr. Schakel, owner of Eagle Lake, noted that this area is a game preserve; he purchased additional water rights in the past to create additional wetlands and he would be the last person to do anything to destroy wildlife habitat; and it was pointed out that the type of persons purchasing property in this area will also do everything to preserve the wildlife. Chair Duvall was assured they will have covenants regarding the number of horses allowed to prevent over grazing; Commissioner Disney expressed his concern over enforcement of rules, such as prohibiting harassment of wildlife, and was assured that an imposed fine of $100 will be written into the covenants and governed by the homeowners. Mr. Martell noted that last year Colorado adopted a new act which applies to homeowners associations; the Colorado Common Interest Ownership Act has extensive provisions to give homeowners' associations the power they need to enforce covenants and collect fines.

Mr. Martell addressed the concerns raised by the objectors and stated there is no intent to have the roads to this subdivision go thru the Starlight Drive and Joey Road Subdivisions and the plat has been changed accordingly. Regarding the chip and seal on Travis Road, Mr. Martell stated that the developer would be willing to contribute to maintenance costs; they will collect a fee at building permit stage to cover these costs; the concern about construction traffic can be handled by not opening that road until construction is completed. Also, it will be noted in the covenants that the County will not be responsible for road maintenance in this subdivision, and Mr. Martell stated that restriction of loose-running dogs can be included in the covenants. Mr. Blehm addressed the water and sewer issue and noted that over the long period of time, public sewer is the best alternative; however, every conceivable alternative for public sewer for this area has been reviewed and every agency contacted said "No". Mr. Blehm stated that the on-site sewage disposal plan proposed is probably the most comprehensive proposal we have in the County. Mr. Blehm stated this area is not in the UGA and, if approved, a precedent will not be set for approving other similar developments.

Chair Duvall summarized the Board's position on this matter by stating that they need to decide if this proposal makes sense for the County, is the proposal premature, have all the conditions been addressed, should they be allowed to develop without a sewage system, and does it fit the Comprehensive Land Use Plan? Chair Duvall requested it be noted in the record, that if this proposal is approved, it does not mean the County Commissioners are throwing aside their policy for a public sewage system to be the first choice for new development.

After much discussion, the Board amended the Staff/Planning Commission Recommendation of Approval and conditions of the Preliminary Plat for Cimarron Lake Subdivision: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat; 2) Public sewer is not required; septic systems are permitted. The Final Plat documents shall include provisions for perpetual maintenance of the septic systems by the homeowners' association; the Health Department shall review the maintenance proposal; 3) The Final Plat shall include a buffer area around the lake and the Final Plat and protective covenants shall contain language prohibiting the harassment of wildlife and limiting activities on the lake to craft powered by wind, people or electric motors. The buffer area shall be accomplished by establishing setback lines to prohibit building within 100 feet of rear property lines. The land within the 100' setback shall be managed and maintained to enhance wildlife; 4) Septic systems are permitted and each lot shall contain a designated septic envelope approved by the Health Department to preserve adequate room for septic system needs; 5) All concerns expressed by the County Engineer shall be addressed in the Final Plat documents. The Final Plat shall also address the impacts of this project on the intersection of County Road 54 and State Highway 1, including impact fees if necessary; 6) Construction plans shall be signed by the County Engineer, East Larimer County Water District, the appropriate sewer district (if applicable) and the Poudre Fire Authority; 7) Requirements of the County Drainage in the Final Plat documents; 8) Street names on the Final Plat shall be changed so there is no conflict with existing street names; 9) Notes shall appear on the Final Plat to indicate that passive radon mitigation and radon tests shall be required and to indicate that park fees and drainage fees will be collected when building permits are issued; 10) Easements for utilities and drainage shall be identified on the Final Plat. Easement widths and locations are subject to the review and approval of the utilities and the County Drainage Administrator; 11) All improvements required for this project shall be included in a Subdivision Improvements Agreement which is secured by appropriate collateral as approved by the Board of County Commissioners; 12) An impact fee will be imposed for improvements and maintenance of Travis Road; this road-impact fee to be determined by Rex Burns in Engineering before the Final Plat is submitted for approval; 13) Travis Road will be closed until construction is completed, with the exception of Lot 20; 14) The roads in Starlight Drive and Joey Road Subdivisions will not be used for access to the Cimararon and Eagle Lake 5th Filing Subdivisions; 15) Stronger language to be written in the covenants regarding enforcement for harassment of wildlife and fines will be imposed for infractions; the Division of Wildlife will review and comment on covenants; 16) Constraints included in the covenants to prevent overgrazing; 17) Subdivision roads will not be accepted for County maintenance; 18) Covenants will include control over loose-running dogs for protection of wildlife in the area; 19) The cul-de-sac will be aligned such that it will not endanger current homeowners.

M O T I O N

Commissioner Disney moved that the Board approve the Staff Findings and Staff Recommendation, with the conditions as amended, and approve the Cimarron Lake (#93-SU0313) and Eagle Lake 5th Filing and Master Plan (#93-MS0392).

Motion carried 3 - 0.

7. EAGLE LAKE 5TH FILING AND MASTER PLAN (#93-MS0392):

SE 23-08-69; NORTH OF COUNTY ROAD 54 (DOUGLAS ROAD)

1/2 MILE WEST OF COLORADO HIGHWAY 1 (WEST OF EAGLE

LAKE SUBDIVISION AND WOODY CREEK MINOR RESIDENTIAL

DEVELOPMENT); 42.6 ACRES; 16 LOTS; FA-FARMING ZONING

(03-14-94)

This is a request for a Preliminary Plat and Master Plan to divide 42.6 acres into 16 lots ranging in size from 2.3 acres to 3.4 acres for single family residences; Master Plan is for 47 lots in three phases. As noted above, the same arguments, concerns and issues discussed for Cimarron Lake apply to Eagle Lake and conditions were amended accordingly. Staff Findings are: 1) Eagle Lake Master Plan and 5th Filing Preliminary Plat are consistent with the minimum requirements of the Subdivision and Zoning Resolutions; 2) The applicant has demonstrated that the development of the immediate area will be limited by terrain, lakes, ditches, wetlands and ownership patterns; 3) Impacts on wildlife will not be significant if the recommendations in the consultant's report are followed; 4) A public sewer policy issue must be decided with respect to requiring public sewer to serve new residential development in this area. The Health Department recommends that public sewer by the first choice for sewage disposal in all new subdivisions; 5) Two neighborhood meetings were held to identify and discuss issues and impacts created by this development.

The Staff/Planning Commission Recommendations are for Approval of the Master Plan with the condition that it will expire 5 years from approval on March 14, 1999; and Approval of the Preliminary Plat for Eagle Lake 5th Filing, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat; 2) Public sewer is not required; septic systems are permitted. The Final Plat documents shall include provisions for perpetual maintenance of the septic systems by the homeowner's association and the Health Department shall review the maintenance proposal; 3) The Final Plat shall include a buffer area around the lake and the Final Plat and protective covenants shall contain language prohibiting the harassment of wildlife and limiting activities on the lake to craft powered by wind, people or electric motors. The buffer area shall be accomplished by establishing setback lines to prohibit building within 100 feet of the lake with specific homeowner association's controls to maintain and enhance wildlife habitat; 4) Septic systems are permitted and each lot shall contain a designated septic envelope approved by the Health Department to preserve adequate room for septic system needs; 5) All concerns expressed by the County Engineer shall be addressed in the Final Plat documents, including impact fees. The Final Plat shall also address the impacts of this project at the intersection of County Road 54 and State Highway 1; 6) Construction plans shall be signed by the County Engineer, East Larimer County Water District, the appropriate sewer district (if applicable) and the Poudre Fire Authority; 7) Requirements of the County Drainage Administrator shall be addressed in the Final Plat documents; 8) Street names on the Final Plat shall be changed so there is no conflict with existing street names; 9) Notes shall appear on the Final Plat to indicate that passive radon mitigation and radon tests shall be required and to indicate that park fees and drainage fees will be collected when building permits are issued; 10) Easements for utilities and drainage shall be identified on the Final Plat. Easement widths and locations are subject to the review and approval of the utilities and the County Drainage Administrator; 11) All improvements required for this project shall be included in a Subdivision Improvements Agreement which is secured by appropriate collateral as approved by the County Commissioners; 12) A revised letter from the Corp of Engineers shall be submitted with the Final Plat indicating that wetlands are not being affected by this development; 13) The roads in Starlight Drive and Joey Road Subdivisions will not be used for access to the Cimarron and Eagle Lake 5th Filing Subdivisions; 14) Stronger language will be included in the covenants regarding enforcement for harassment of wildlife and fines will be imposed for infractions; 15) Constraints included in the covenants to prevent overgrazing; 16) These subdivision roads will not be accepted for County maintenance; 17) Covenants will include control over loose-running dogs for protection of wildlife in the area.



8) MISCELLANEOUS ITEMS NOT ON TODAY'S AGENDA:

Mr. Kadera requested Board approval and the Chair's signature on a Final Plat for Specketer Division, an Amended Plat for Crown Point Subdivision, and Subdivision Improvement Agreements for same.

M O T I O N

Commissioner Disney moved that the Board approve the Final Plat for Specketer Subdivision, an Amended Plat for Crown Point Subdivision, and Subdivision Improvement Agreements for each, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-50 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND CROWN

ENTERPRISES, INC. FOR CROWN POINT SUBDIVISION

A94-51 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND STEVE AND JANET

SPECKETER FOR SPECKETER SUBDIVISION

The meeting recessed at 11:05 a.m.

MEETING REGARDING TRANSIT DEVELOPMENT PLAN

(#468)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with John Daggett, Transfort General Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Rex Smith, Director of Public Works, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Smith prefaced today's presentation by stating that if there is an interest by the Board in developing a transit element of the transportation plan for the County we might integrate it with this proposed Transit Development Plan for the MPO and do it simultaneously and have a comprehensive plan.

Mr. Daggett provided an overview of the proposed Transit Development Plan; noting that a transit development plan is a look at the future (1996 to 2000). Mr. Daggett stated that the Federal Government requires that a new plan be developed every five years which deals with all aspects of transit for the areas included. Mr. Daggett outlined the goals of the proposed Transit Development Plan, both local and regional, and who the participants will be-- the City of Fort Collins, Larimer County, and the City of Loveland. Mr. Daggett described the planning stages; which are, local transit planning and regional transit planning, which will then be linked to the Greeley and Weld County Transit Development Plan. Mr. Daggett reviewed the components of the Plan, the timelines, and the costs; the project will begin in July 1994 and be finalized in April 1995, at an overall cost of $160,000 (Fort Collins - $100,000; Larimer County & Loveland - $60,000; and Estes Park - $25,000). Eighty percent of the cost will be Federal monies and 20% local. If the Board agrees to participate, Mr. Smith will call the Estes Park and Berthoud Town Administrators to inquire if they want to participate in the plan to include expansion into rural Larimer County. After discussion, CONSENSUS OF THE BOARD was to agree to participate in the development of the proposed Transit Development Plan and to be involved in the whole process.

Mr. Smith asked the Board if they would like for him to proceed in forming the Transportation Task Force Committee, which has been discussed previously, so it will be set up and operating and ready to work with the consultant and participants on the transportation plan. The Board directed Mr. Smith to proceed with the formation of the Transportation Task Force Committee; Commissioner Disney suggested that a representative from the Sheriff's Department be on the Transportation Committee.

The meeting adjourned at 2:40 p.m.

TUESDAY, MARCH 15, 1994

PUBLIC WORKS STANDING MEETING

(#469)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Len Bammer, Fleet Manager, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Fuel Management System for Fleet Management: Mr. Bammer reminded the Board that last year Fleet Management was authorized funding for several projects in 1994 related to the fuel system, primarily to replace the existing fuel management system as it has become obsolete and no support exists if the system suffers a catastrophic breakdown. Fleet annually purchases 400,000 gallons of fuel to be dispensed through seven sites and one mobile fuel truck and accurate control and management are essential to comply with State and Federal monitoring regulations and to maintain accurate cost accounting.

Mr. Bammer reviewed the lengthy process undertaken to find and acquire a computer-controlled fuel management system that is easy to use, provides a high level of security at the fuel sites, captures information accurately and requires minimal maintenance expense. After exhaustive measures, and demonstrations by the four top vendors, the product offered by Trak Engineering from Tallahassee Florida was clearly superior. Mr. Bammer explained how the Trak System operates and recommended that the Board approve the sole source purchase of the fuel system proposed by Trak Engineering. This purchase has been discussed with the Larimer County Purchasing Agent, Mr. Martell, and he concurs with this recommendation. Mr. Smith informed the Board that Mr. Bammer is also looking at a Fleet Management Information System for computer hardware and communications equipment.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the sole source purchase of a computer controlled fuel management system from Trak Engineering of Tallahassee, Florida for Fleet Management.

Motion carried 3 - 0.

2. Discussion of drainage problem in Lake Shore Gardens: Mr. Smith reviewed a number of issues involved in the on-going drainage problem in Lake Shore Gardens Subdivision, and noted that in the 1970's, the County accepted the roads in this subdivision for maintenance but excluded maintenance of the drainage system. In the 1980's there was a problem with plugging of the storm sewer system, which was subsequently corrected improperly by the homeowners, resulting in backing up of water onto the street and causing damage. Mr. Smith stated that the County has been requested to correct this problem, even though it is not our problem. Mr. Smith stated that he needs to respond to the homeowners and he requested guidance from the Board, even though we have no obligation to do anything. The options for the Board to consider are: 1) They must correct the problem; 2) We will correct the problem; or 3) We could share in the cost to correct the problem. Mr. Smith indicated that something must be done to prevent further damage to the street. Commissioner Disney suggested a new policy be drafted for similar situations arising in the future; for example, if damage is under $10,000, and the problem is not the County's responsibility or fault, the Board will agree to a 90-10 split; if the County has some responsibility, they will agree to a 60-40 split. After further discussion, the Board requested Mr. Smith to put together some kind of cost estimate for the drainage problem repairs in Lake Shore Gardens and return to the Board for a decision. Also, Mr. Smith and the Board will draft a new policy to handle similar situations in the future.

3. Transportation Task Force Committee: Mr. Smith submitted a framework outline of responsibilities and membership composition for the Transportation Task Force Committee and requested the Board's input. If the Board concurs with the framework, Mr. Smith will prepare a memo to be sent to the various departments requesting membership on this Committee; the Board concurred.

4. Decision regarding approval of RFP bid by FAX for printing of election ballots: Mr. Gordon stated that the Clerk and Recorder put out a request for proposal for the printing of election ballots. Two bids were received; one for $59.90 per thousand, and one received in time by FAX for $42.25. Mr. Gordon noted that the Purchasing Department has a policy of "No bids by FAX" because they do not have a FAX machine. However, the lower bid would result in savings of over $10,000 and the Clerk recommended acceptance of the lower bid. In the Board's absence last week, Mr. Gordon advised the Clerk to accept the lower bid. Today, Mr. Gordon informed the Board of his decision and requested Board approval for his actions; the Board concurred with Mr. Gordon's decision.

The meeting recessed at 10:25 a.m.

FINANCE QUARTERLY MEETING

(#468 @ 2500)

The Board of County Commissioners reconvened at 10:30 a.m. with Bob Grewell, Director of Finance. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Controller Dana Klausmeyer; Jeff Barnes of Hunt, Spillman & Associates PC; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Experience & Structure of Accounting Firm: Mr. Barnes reviewed the experience and structure of their Firm after the departure of Jack Ewing, noting that Mr. Barnes has been with the Firm since 1979 and Mr. Spillman since the early 1970's. Mr. Barnes stated that Mr. Ewing's departure was a resource lost, but didn't create a huge void; Mr. Ewing sold his stock and because the Firm is a corporation there was no change in the legal entity; the corporation continued on with only a name change

2. County's Auditor Selection Process: In reference to the Board's current policy regarding the selection of an auditor, in which the Board goes out to bid every five years and the current auditor can be reappointed one time, Mr. Barnes noted that in keeping with the Board's philosophy of hiring local firms to do the audits, there are only a small number of local CPA firms who are qualified or interested in doing a governmental audit the size and complexity of Larimer County. Mr. Barnes stated that to eliminate the one firm that has been doing it for five or ten years, just because they have been doing it, narrows down the list of qualified firms and eliminates one of the good candidates. The Board assured Mr. Barnes that this matter will be discussed at length a year before putting out the request for proposal for an auditor.

3. Status of 1993 Annual Audit: Mr. Barnes provided an update on the 1993 annual audit; Ms. Klausmeyer stated that her office is in the process of assembling all the financial information to prepare the financial statements, which will be completed by mid-April.

4. Strengths Deployment Inventory Video: Mr. Barnes described the "Strengths Deployment Inventory" video which emphasizes how people work together and how they react when things are going well and when things are in crisis. Mr. Barnes offered the video to the Board, at no charge, if the Board would like to use it in individual departments. The Board expressed an interest in the video and requested Mr. Gordon and Mr. Barnes to schedule a convenient time for the Board to view the video.

The meeting recessed at 11:00 a.m.

PERSONNEL STANDING MEETING

(#470)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Ralph Jacobs, Director of Personnel. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Bob Grewell, Director of Finance, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Suggestion System Plan: Mr. Jacobs submitted the Larimer County Suggestion Form which was drafted by the Suggestion System Committee and requested the Board's input and approval. The Suggestion Form will be published in "Inside Information" and provide employees with an opportunity to make a suggestion, describe a problem or concern, and have it addressed. After a few months, the Form will be evaluated and possibly revised; Mr. Jacobs will temporarily serve as the Suggestion System Coordinator and give the Board periodic reports on the suggestions, concerns and problems received, as well as action taken on them. The Board directed Mr. Jacobs to proceed with publishing of the Suggestion Form.

2. Services Inventory: Mr. Jacobs reported that the Services Inventory 2nd Revision is completed and should be updated quarterly for it to be useful. Mr. Jacobs noted that the document should be accessible to anyone interested in the information and how the document is to be distributed needs to be decided. Chair Duvall asked about the purpose of the Services Inventory; Mr. Jacobs noted it provides a single source for all the programs in the County and is an avenue for employees to find out what services are provided in the County. Mr. Jacobs stated that the idea for this Services Inventory came out of the Customer Services Committee It was decided to keep one copy in the County Commissioner's Office and to send each department, if requested, their individual program listings for updating. Commissioner Disney asked if the information could be put on the computers for access by all departments; Mr. Jacobs responded that because of the incompatibility of computers in the County it would be difficult, but could be accomplished with some program translation.

3. Support for Employee Participation in Education: In response to a note sent to Mr. Jacobs from Chair Duvall concerning whether the County could do more with regard to support for education, Mr. Jacobs stated that the County could adopt whatever policies the Board believes is appropriate in support for education. Mr. Jacobs noted that the County already has two formal programs for employee education and training; i.e., tuition assistance and staff development. Mr. Jacobs prepared a draft memo which could be sent to all elected officials, department and division directors stating that the Board has a strong interest in encouraging employees in continuing education and supporting children's education in Larimer County and one way to accomplish this is to allow employees to use vacation leave, floating holidays and compensatory time off to attend school functions and teacher conferences and to volunteer in the schools. Mr. Jacobs described the "Mentor and Job Shadow Programs" in which students come to the Courthouse to observe what we do. Mr. Jacobs suggested that the memo be sent out to the schools inviting them to come if they are interested to talk to department heads. By consensus, the Board requested Mr. Jacobs to send out the proposed memo and he will work with Mr. Gordon in scheduling a meeting with department heads and the educators.

4. Employee Income Security: Mr. Jacobs outlined the following alternatives for the Board to consider regarding how to handle requests for the transfer of sick leave to employees who have been afflicted with life threatening illnesses: short term disability insurance, sick leave bank, uncontrolled sick leave transfer, or continue with the existing plan. Mr. Jacobs noted that the County currently offers a long-term disability insurance plan which goes into effect after an employee has been disabled for at least six months. Mr. Jacobs recommended that the Board seriously consider the short term disability insurance, which would provide some form of income protection for the first six months of disability. Commissioner Disney asked if the long-term disability insurance plan could start at three months instead of six months; Mr. Jacobs will investigate this possibility and look into other options for the Board to consider regarding this matter.

5. Surplus Medical Benefits: Mr. Gordon noted that there is an extra $300,000 in last year's budget within the departments in medical benefits due to expectation of higher costs than were realized; he asked the Board if these monies should be left in the departments to be used for next year's pay raises, or however they want, or should the Board take it back. The Board decided they want the money returned.

6. Update on Committees: Mr. Jacobs reported that the Disciplinary Committee and the Employee Recognition Committee are working together and realizing tangible results.

The meeting adjourned at 3:10 p.m.

WEDNESDAY, MARCH 16, 1994

ADMINISTRATIVE MATTERS

(#466 @ 2400, #469 @ 3400 & #470)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Bob Grewell, Finance Director; Dana Klausmeyer, Controller; Starr Quam, Georgeanne Rutledge, Jan Hawn, and Carla Cannon of the Finance Department; Susan King, Property Management Technician; and John MacFarlane, Parks Director. Recording Clerk, S. Graves.

1. PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING: Chair Duvall presented the Certificate of Achievement for Excellence in Financial Reporting to Ms. Klausmeyer and her Staff and expressed appreciation to the very talented group for winning this award consecutively for eleven years.

2. REQUEST FOR APPROVAL OF A FORM LETTER REGARDING LICENSE PLATES: Ms. King stated that Statute requires that all County vehicles have to be registered with a County license plate, but certain undercover vehicles can have regular Colorado license plates with Board approval. Ms. King prepared a form letter, and requested Board approval and the Chair's signature, whereby it won't be necessary to come to the Board for approval for each of the 45 undercover vehicles annually when it is time for renewal of the plates.

M O T I O N

Commissioner Disney moved that the Board approve the form letter authorizing non-government (regular) license plates for undercover and/or sensitive official business, and authorize the Chair to sign same.

Motion carried 3 - 0.

3. APPOINTMENTS TO THE LARIMER COUNTY PARKS BOARD: After reviewing the applications for the Park Board, Mr. MacFarlane recommended that the Board appoint Mr. Jerry Clemons and Dr. Peter Standard to fill the two vacancies on the Board. Mr. MacFarlane stated that the applicants were very qualified; as the two vacancies were from the Loveland area and Fort Collins, his decision was based on geographic representation and being users of the facilities and adjacent landowners. Much discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Mr. Jerry Clemons and Dr. Peter Standard to serve on the Park Board, as recommended by Mr. MacFarlane.

Motion carried 2 - 1; Chair Duvall dissenting.

4. REAPPOINTMENT TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY BOARD:

M O T I O N

Commissioner Hotchkiss moved that the Board reappoint David Racine, Chief of the Estes Park Police Department, to the Larimer Emergency Telephone Authority Board for another two-year term, ending December 31, 1995.

Motion carried 3 - 0.



5. WORKSESSION:

-- Mr. Gordon presented a copy of a letter to accompany the Executive Summary of the Larimer County Internal Survey and requested Board approval and the signatures of the three Commissioners on same. Chair Duvall suggested that a statement be included in the letter stating that the Board will discuss and follow up with regard to the primary concerns expressed by the employees in the survey. Mr. Gordon will re-write the letter and another meeting will be scheduled for the Board to decide on actions to be taken regarding these concerns.

-- With regard to the External Survey, a large number of responses are being received and the Board needs to decide whether the analysis of the data should be done in-house or hire the CSU experts which analyzed the Internal Survey Data. After consulting with Sue Cottingham of Information Management regarding doing the analysis in-house, it was determined the cost would be approximately the same and additional data entry clerks would need to be hired for the job; therefore, Mr. Gordon recommended hiring the professional experts at CSU.

M O T I O N

Commissioner Disney moved that the Board approve the expenditure, up to $4,250, for analysis of the External Survey results, monies to be derived from the Commissioner's Special Projects Fund.

Motion carried 3 - 0.

-- Mr. Gordon informed the Board that a "think tank" is being formed to explore and consider ways to structure the transferable development rights; Ms. Hart is drafting a letter of invitation requesting participation on this ad-hoc group. Mr. Gordon gave the Board suggested dates for meeting and requested the Board's preference; they choose April 5, 1994 at 7 to 9 a.m.

-- Mr. Gordon reported that only three bids have been received for the County Attorney Request for Proposal. Mr. Gordon noted that the Board is to organize a reviewing committee to include one County Commissioner, one Elected Official, a Member of the Social Services Department, one Department Head, an outside Attorney, and the County Administrator. Chair Duvall asked if they might have received more responses if they were willing to split the services. Mr. Gordon requested permission to obtain the bids, pass them out to the Board, and bring the Committee together in early April to review the bids and perhaps call them in for an interview by the Board. Chair Duvall offered to be on the Committee and the Board selected the other members to serve on this Committee.

-- Mr. Gordon requested permission to select a convenient date for the Board for the next cabinet meeting; the Board indicated that early April would be convenient.

6. COMMISSIONER'S REPORTS - ADMINISTRATIVE:

-- Commissioner Disney reported that Estes Park has asked the Board to sign a symbolic Intergovernmental Agreement to cooperate on the planning effort in the Estes Park Valley.

-- Commissioner Disney submitted color samples of the new lapel pins and requested the Board's opinions; when ready, these pins will be given to all Larimer County Employees and Members of Boards and Commissions.

-- Chair Duvall asked how much advance notice was given regarding the Assistant County Administrator's position and if the Board wanted to extend the application deadline so more employees could apply. After discussion, the Board decided not to extend the deadline, in fairness to all applicants.

-- Chair Duvall asked under what circumstances, if any, can the six-month waiting period for re-application of a land-use request be waived; for example, Cashmere Downs, which the Board denied on February 28, 1994. At that time, the Board suggested that the applicant and Staff consider the possibility of a conservation easement and return to the Board for reconsideration. The Board will ask Ms. Haag, Assistant County Attorney, for an opinion on this matter.

-- Chair Duvall asked her fellow Commissioners if they should ask the Health Department to revisit the 2.29 acres allowed per single dwelling for septic tank location; for example, it might make more sense to cluster a development like Cimarron and Eagle Lakes. With new water conservation and septic system technology, are there some soils where less than 2.29 acres would be safe and effective, thus allowing more preservation of open space? Commissioner Hotchkiss responded that the 2.29 acre designation is in the Zoning Resolution and it would have to be changed. After discussion, Commissioner Disney suggested that the Planning Staff contact Craig Harrison, or the Soil Conservation Service, to research GIS data to determine where septic systems are and are not appropriate.

-- Commissioner Disney asked if a citizen brought in petitions to the Board with the required number of signatures, would that item automatically go on the ballot? If all the required Statute guidelines have been met and enough signatures obtained, the County Commissioners may authorize the County Clerk to place items on the ballot, if approved by the County Attorney. The Board requested clarification on this point from the County Attorney.

7. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:


M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the weeks of February 28 and March 7, 1994 and the Agenda for the week of March 21, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions for Abatement, as recommended by the County Assessor, for the following: James & Catherine Bissell; Hans & Eva Weil; Earle Stewart; Larry & Judith Drake; Josephine Koolstra; Invex, Ltd.; and James and Jane Schneider.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following Miscellaneous Documents: Knox Minor Residential Development Plat; Johnston Minor Residential Development Plat; Meadowdale Hills Amended Plat; Amended Peterson Exemption; and the Fort Collins/Loveland Job Service Center Plan of Service Program Year 1994.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued to Burger Bay - 3.2% - Loveland, CO.; The Mulberry Inn - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Boyd Lake Marina, Inc. - 3.2% - Loveland, CO.; Aspen Lodge - 6% WITH EXTENDED HOURS - Estes Park, CO.; and Drink N Dawg - 6% WITH EXTENDED HOURS - LaPorte, CO. County Approval was granted to: Loyal Order of the Moose - Lodge No. 484 - 6% - Loveland, CO.; Glen Haven General Store - 3.2% - Glen Haven, CO.; Inlet Bay Marina - 3.2% - Fort Collins, CO.; and Wind River Ranch - 6% - Estes Park, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-52 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HEALTHY BEGINNINGS

(1994 Human Resource Funding Agreement)

A94-53 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DICK JOHNSTON

FOR THE JOHNSTON MINOR RESIDENTIAL DEVELOPMENT

A94-54 AGREEMENT FOR PURCHASE OF DETOX SERVICES FOR

1994 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND ISLAND GROVE REGIONAL TREATMENT CENTER, INC.

A94-55 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 AND 11 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND LINDA M. AND

BERNARD E. ROLLIN (Project #180)

C94-05 CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE

ARCHDIOCESE OF DENVER (Purchase of 5 acres near Landfill)

C94-06 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BERTHOUD SENIOR CENTER

(Thirteen Contracts are FY94 Office on Aging Contracts)

C94-07 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BELLVUE SENIOR CENTER

C94-08 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ALZHEIMERS ASSOCIATION

C94-09 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CATHOLIC COMMUNITY SERVICES

C94-10 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CARE-A-VAN

C94-11 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ESTES PARK SENIOR CENTER

C94-12 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ESPLIN, WALLACE & KLING, P.C.

C94-13 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WELLINGTON SENIOR CENTER

C94-14 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SENIOR EMPLOYMENT SERVICES

C94-15 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RSVP - HOME CHORE

C94-16 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RVNA HOME CARE

C94-17 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POUDRE HOME CARE

C94-18 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LOVELAND MEALS ON WHEELS

D94-08 DEED OF DEDICATION BY KAREN M. HAUCK (CR

D94-09 DEED OF DEDICATION BY VIRGINIA NELSON SAVAGE (CR11)

D94-10 DEED OF DEDICATION BY ROBERT L. AND NEVA J.

SHANNON (CR 11)

R94-28rb FINDINGS AND RESOLUTION CONCERNING THE

VACATION OF AN ALLEY IN THE TOWN OF BELLVUE

R94-29z SPECIAL REVIEW AMENDMENT FINDINGS AND RESOLUTION

CONCERNING THE PETITION OF NELSON KENNEL

Motion carried 3 - 0.

The meeting recessed at 11:30 a.m.

MEETING WITH LAUREL KUBIN

(#471)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session Extension Director Laurel Kubin. Chair Duvall presided; Commissioner Hotchkiss was present. Commissioner Disney was in Denver attending the Colorado Counties, Inc. District Attorney Task Force. Also present was Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Invitation to CSU Cooperative Extension Meeting: Ms. Kubin invited the Board to attend a Cooperative Extension Meeting at CSU on March 31, 1994 at 10 a.m. Chair Duvall indicated she would be there at noon.

2. Resignation of Sandra Wolfe from Extension Advisory Committee: Ms. Kubin noted that Sandra Wolfe has resigned from the Extension Advisory Committee, due to expansion of her business and increasing workload. Mr. Gordon will send her a note of appreciation for her five years of service.

3. Statewide survey of agriculture owners/operators: Ms. Kubin reported that the CSU Cooperative Extension conducted a state-wide telephone survey of agricultural owner/operators to assess the degree of use of Cooperative Extension education and information services by farmers and ranches in Colorado; 598 responded and rated Cooperative Extension very highly.

4. Request funding for folding machine replacement: Ms. Kubin noted that the current folding machine is over 20 years old, parts must be scavenged from other old equipment, and the service contract is $344 a year; over one-half million brochures, newsletters and publications are folding annually. Ms. Kubin requested Board approval for a reconditioned machine for $1,547.50, with a maintenance contract of $238 per year.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize the expenditure of $1,547.50 for a Pitney Bowes Model 1963 reconditioned folding machine for the Cooperative Extension Department, monies to be derived from the Capital Expenditures Fund.

Motion carried 2 - 0.

5. Examples of impacts achieved in 1993: Ms. Kubin reported on the following programs, the number of volunteers in each, the number of questions and calls responded to, and the number of County residents participating in the programs: Small Acreage Management, Master Composters, Food Safety, Financial Information, and the 4-H.

6. Success and implications for 4-H program: Ms. Kubin stated that Larimer County has the largest 4-H enrollment in the state of Colorado and within the last 10 years, membership has increased 59% and the number of leaders by 32%; however, in 1975 we had two County Agents but now have only one. Ms. Kubin reported that Tom Brown, County Agent, recently had back surgery and is doing very well.

Chair Duvall thanked Ms. Kubin for her report and for all that Extension Service is doing for the community. Chair Duvall asked Ms. Kubin to apprise the Board of any problems she is alerted to in the Ag community being created by actions of the Board.

The meeting adjourned at 3 p.m.

_______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

________________________________________

Sherry E. Graves, Deputy County Clerk