> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 18, 1994

SUBDIVISIONS

(#488 & #1 & #2)

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; Jerry White, Zoning Administrator; Rex Burns, Engineering; 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. SOUTH NOKOMIS LAKE SUBDIVISION AMENDED PLAT (#94-SA0448):

21-10-73; RED FEATHER LAKES; .48 ACRES; 1 LOT; O-OPEN ZONING

(04-18-94).

This is a request for an Amended Plat of Lots 11, 12 and 13, Block 26, South Nokomis Lake Subdivision to combine three lots resulting in a single building site. Staff Findings include: 1) South Nokomis Lake Subdivision was platted in 1924; 2) All of the lots are non-conforming because they do not meet minimum lot size required by zoning; 3) This request is to combine three lots and an adjacent parcel to create one building site; 4) 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 11, 12 and 13, Block 26, South Nokomis Lake Subdivision and a portion of the Southwest Quarter of Section 21, Township 10 North, Range 73 West of the 6th P.M.

2. CRYSTAL LAKES 6TH FILING AMENDED PLAT (#94-SA0451):

01-10-74; CRYSTAL LAKES, WEST OF RED FEATHER LAKES;

3.12 ACRES; 1 LOT; O-OPEN ZONING (04-18-94).

This is a request for an Amended Plat of Lots 101 and 102, Crystal Lakes, 6th Filing to combine two existing lots resulting in a single building site. Staff Findings are: 1) Crystal Lakes 6th Filing was approved in 1972; 2) This proposed Amended Plat is intended to combine two existing lots into a single building site which will reduce the overall density in the subdivision and increase the lot size of this site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and easement vacation and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 101 and 102, Crystal Lakes 6th Filing.

3. NORTH LINCOLN STREET NAME CHANGE (#94-OSO452):

36-06-69; LINCOLN AVENUE, NORTH OF KNOBCONE DRIVE;

FA-FARMING ZONING (04-18-94).

This is a request for a street name change from Lincoln Avenue to Sunvalley Drive. Staff Findings include: 1) North Lincoln, through Northwoods Park, was named when there were no other roads in this part of North Loveland; 2) Additional development has resulted in a discontinuation of North Lincoln Avenue at Knobcone Drive. Lincoln, north of Knobcone, is actually an extension of Sunvalley Drive; 3) The County Engineer, the Loveland Fire Department, and all utilities serving this area have reviewed the proposed street name and stated no objections. Staff Recommendation is for Approval of the street name change of North Lincoln Avenue to Sunvalley Drive, north of Knobcone Drive.

4. BLUE MOUNTAIN RANCH STREET NAME REQUEST (#94-OSO449):

17 AND 18-04-70, WEST OF CARTER LAKE; O-OPEN ZONING (04-18-94)

This is a street name request to name three unnamed roads. Staff Findings are: 1) Road names are required to assign addresses for utility, building permit and emergency service purposes; 2) The proposed road names were reviewed by the Sheriff, utility providers and the fire district and no objections were identified. Staff Recommendation is for Approval of the road names requested for the Blue Mountain Ranch Area; these names are Blue Mountain Trail, Dry Creek Drive, and Elk Run.

5. MILL CREEK ROAD ASSOCIATION STREET NAME REQUEST

(#94-OSO450): 3, 5, 9, 15-11-72 AND S 1/2 31 AND 33-12-72; NORTH

OF CHEROKEE PARK ROAD, EAST OF MONUMENT GULCH;

O-OPEN ZONING (04-18-94)

This is a street name request to name several unnamed roads. Staff Findings include: 1) The Mill Creek Road Association serves an area of 35-acre parcels north of Cherokee Park Road; roads in this area have never been named; 2) Road names are important for utility service, building permits and emergency response; 3) The proposed road names have been reviewed by the County Engineer and all utilities serving this area and no objections were stated; 4) The proposed road names do not appear to duplicate any existing road names in the immediate area. Staff Recommendation is for Approval of the road names proposed by the Mill Creek Road Association, as shown on the attached map.


M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendations and approve the South Nokomis Lake Subdivision Amended Plat (#94-SA0448); Crystal Lakes 6th Filing Amended Plat (#94-SA0451); North Lincoln Street Name Change (#94-0S0452); Blue Mountain Ranch Street Name Request (#94-OSO449); and the Mill Creek Road Association Street Name Request (#94-OSO45O).

Motion carried 3 - 0.

6. SPRAGUE SPECIAL REVIEW (#94-ZR0393): 35-06-70; WEST SIDE OF

COUNTY ROAD 27, TWO MILES NORTH OF U.S. HIGHWAY 34;

19 ACRES (SITE E) & 40 ACRES (SITE K); 2 LOTS; FA-1 FARMING

ZONING (04-18-94).

This is a request to allow construction of a building for stone sawing and processing, and maintenance of quarry equipment, and addition of a dwelling. Mr. White noted that this request is for an amendment to an existing Special Review approved in 1986; Mr. White provided the project description and reviewed the major concerns and issues, one of which is the impact on the roads due to increased truck traffic. Mr. Burns noted that the impact of the additional traffic on the roads is determined by estimating the additional truck loads and equating that to the cost of constructing the road over a 20-year design life. Staff Findings are: 1) The proposal generally complies with the intent and purposes of the Zoning Resolution and County Land Use Plan; 2) If developed and operated properly, the proposed use will have little or no impact on surrounding land uses or on property values in the area; 3) The proposal will not impair the public health, welfare, prosperity, or safety.

Ms. Sprague, applicant and property owner, addressed the Board and stated that there will be very little increased impact on the roads because 75% of the blocks will be brought from on-site and most of the sales go out in pickups and small loads; she also discussed the condition requiring the doors to remain closed during operation of the stone process and requested this condition be abated to allow them to leave the doors open in the summer to make it more comfortable for the employees, unless there is a complaint about the noise. Ms. Sprague also requested they be allowed to have a 2nd shift of operations--from 6 a.m. until 2 p.m. and 2 p.m. until 10 p.m.; the current hours of operation are 7 a.m. until 5 p.m. Several neighbors and adjacent property owners addressed the Board and cited their concerns of increased noise, inadequate water supply and quality, increased truck traffic, lack of enforcement of existing conditions, and voiced their disapproval of extending hours of operation and allowing the doors to remain open in the new building during hours of operation, etc. Mr. Blehm responded that the water is routinely tested and has always been acceptable and when the noise level is checked it also is within acceptable State standards.

After lengthy discussion, the Planning Commission/Staff Recommendation for Approval of the Special Review conditions were amended as follows: 1) This proposal does not expand any mining area which has been previously approved by the County, or alter any conditions applied to those plans; 2) Locations for the quarry building and the residence shall be the northern-most alternative. The metal building shall be situated as far to the west as possible; it shall be painted a color similar to the natural features in the area, and have no white or reflective exterior surfaces. It shall be insulated for noise mitigation. Doors should remain closed, except for entry and exist of vehicles, especially during operation of stone process; 3) The area around the shop building shall not be used as a salvage yard or storage area for unused equipment. No quarry-related equipment or materials shall be maintained near the residence; 4) No signs or public access shall be allowed to the shop building. Within 30 days, a lighting plan shall be provided for Planning Department approval, showing that lighting is adequately shielded; 5) All equipment repair shall occur between the hours of 7 a.m. to 7 p.m.; 6) Underground utilities are required; 7) Applicant shall comply with all requirements of Arkins Water Association, County Forester, and County Engineering Department, as presented on pages 24-28 of the Staff Report; 8) Except as otherwise modified by the above conditions, all development and use of the site shall be consistent with Zoning File Exhibit A (Application for Zoning Action, dated January 10, 1994, with attached information; 9) A road impact fee will be imposed relating to additional load increase on the County roads; 10) On-site water tanks will be filled during off hours or non-peak hours to alleviate an imposition on domestic water use; 11) The owners and neighbors will cooperate in determining the background noise level for the existing operation and a pre-determined time will be established to do noise measurements with the new equipment; 12) The electric saw and electric crane, with a maximum of ten tons, must be operated inside the building, which is to be insulated for noise mitigation; 13) Because of the unique topography and amphitheater nature of the area, a performance standard on noise with the new equipment will be established; 14) A berm will be created to the east of the proposed building to further increase noise and screen mitigation.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Sprague Special Review (#94-ZR0393), with conditions as outlined.

Motion carried 2 - 1; Chair Duvall dissented.

The meeting recessed at 10:50 a.m.








MEETING WITH SHERIFF SHOCKLEY

(#2 @ 300)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Sheriff Shockley. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Bob Keister, Budget Manager, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Sheriff Shockley stated that the purpose of today's meeting is to discuss the dominating issues existing in the Sheriff's Department and to describe the realistic dilemma for continuing to provide services at the current level with the rate of growth the County is experiencing. Sheriff Shockley noted that response times to emergency and non-emergency calls have increased and stated that E911 has greatly impacted the Sheriff's Department. Sheriff Shockley reviewed several options for the Board to consider to solve this dilemma 1) Reduce services at current staffing levels; 2) Establish a LEA (Law Enforcement Agency); 3) Privatizing the civil process; 4) Imposition of impact fees from expansion of existing subdivisions and new subdivisions to cover cost of services. There was discussion of doing a cost/benefit analysis of growth; however, it was noted that this could take a long time; in the interim, the Board requested Mr. Keister to assemble cost/reality figures of additional growth and revenue enhancement.

There was discussion of placing an initiative for establishing a LEA on the ballot in November; the Board agreed to schedule another meeting with the Sheriff to discuss this possibility further.

The meeting adjourned at 2:30 p.m.

TUESDAY, APRIL 19, 1994

PUBLIC WORKS STANDING MEETING

(#3)

The Board of County Commissioners met at 9:00 a.m. in regular session with Rex Smith, Director of Public Works. Chair Pro-Tem presided; Commissioner Hotchkiss was present. Also present were: John MacFarlane, Director of Parks; Frank Lancaster, Director of Natural Resources; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Budget Revision for Enhancement Parks Project: Mr. MacFarlane requested Board authorization to include $180,000 in the Parks Department Budget to reflect the costs for the Timberline Road Project for bike lanes (Fort Collins - $12,745; County Road & Bridge - $12,745; County Parks - $25,490; and ISTEA - $129,000). Mr. MacFarlane noted that the ISTEA grant for these funds has been signed and returned; however, the project will be completed before these Federal grant dollars will be received. As these funds are received from these entities, they will be credited back to the Parks Department.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize the inclusion of $180,000 in the 1994 Parks Department Budget to reflect combined monies to be received from ISTEA, Road & Bridge, Fort Collins and Parks for the Timberline Road Project to build 6-foot bike lanes from Trilby Road south 3.25 miles to 57th Street.

Motion carried 2 - 0.

2. Proposed Agreement with Sheriff's Department and Parks Department: With regard to the new policy mandated by the State six months ago concerning Park Rangers having to be employees of the Sheriff in order to enforce the laws of the Park (these employees to be supervised by the Parks Director), Mr. MacFarlane submitted a proposed joint agreement for the Board's review regarding this new mandate. Mr. MacFarlane noted that this agreement has also been sent to the County Attorney and the Sheriff and the County Attorney advised that the agreement be made between the Board and the Sheriff; he will return to the Board in approximately one month for final approval of the agreement and the Chair's signature.

3. County Roads 19 & 38E Intersection Improvement Project: Mr. Smith informed the Board that the CR 19 and 38E intersection improvement project has an estimated budget of $230,000 - $184,000 in Federal funds and $46,000 in County funds; it was estimated that the $46,000 would be derived from Road Impact Fees collected for new development in the area. Mr. Smith noted that presently there is an uncommitted balance of $23,000 in Road Impact Fees; however, with the waiver of the fees for Springfield Court Apartments, there is no firm funding source for the remaining $23,000. Mr. Smith requested direction from the Board and offered two options: 1) Drop the project; 2) Identify additional funding from another source. Mr. Smith noted that the City of Fort Collins will administer this project, as it will ultimately become a City intersection, and he needs to advise the City whether funding will be forthcoming from the County for them to proceed with the project.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize the expenditure of $23,000 from the 1993 Road and Bridge Carry Over for the County Road 19 and 38E Intersection Upgrading and Signalization Project.

Motion carried 2 - 0.

4. Larimer County Application for 1995 State Special Bridge Funds: Mr. Smith submitted a cover letter to accompany the Application for 1995 State Special Bridge Fund Monies, and requested the Board's approval and the Chair's signature. Mr. Smith noted there were five candidates identified for these monies.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Application for 1995 State Special Bridge Funds, and authorize the Chair to sign the Cover Letter accompanying the Application.

Motion carried 2 - 0.

5. Transit Development Plan: Mr. Smith has talked to Estes Park about participating in the Transit Development Plan and they are not interested as they are doing their own transit plan. Originally Mr. Smith thought the study was a 80-20 match, with the County's share being $5,000; but he has been informed it is a 70-30 match, making the County's share $7,500. Mr. Smith asked if the Board is still interested in participating in this study if Estes Park is not involved. Commissioner Disney will be in Estes Park on Thursday and talk to the Town Officials about this matter further; in the meantime, the Board decided to take the following action:

M O T I O N

Commissioner Disney moved that the Board approve the increase in funding, from $5,000 to $7,500) for the County's share in developing a Transit Development Plan; monies to be derived from the 1993 Carry Over.

Motion carried 2 - 0.

At this time, Chair Duvall joined the meeting.

6. Landfill Fee Waiver Policy - Natural Resources: Mr. Lancaster reviewed the history for landfill fee waivers, noting that in 1983 there were over 50 individuals and groups who didn't pay for coming into the landfill, and it was quite costly. At that time, they instituted a new policy of discontinuing these waivers and currently there are only three groups that don't pay fees at the landfill. However, they are getting more and more requests for fee waivers and Mr. Lancaster asked the Board how they want him to handle these requests. Mr. Lancaster recommended not changing the fee waiver policy at the landfill that only the Board of County Commissioners can decide if a fee waiver is to be allowed. CONSENSUS OF THE BOARD was to continue with the fee waiver policy as it currently is and only in emergency cases they will allow an exception to the rule.

7. "City Haul" - Natural Resources: Mr. Lancaster described a new proposal for resale of reusable items at the landfill and requested Board approval of same. Mr. Lancaster outlined the objectives, advantages and disadvantages of the proposal and noted that a small area will be fenced off for the resale of reusable items; sale of materials will cover all costs and possibly result in a return to the Solid Waste Fund. Labor will be provided by one temporary employee, community service workers, and a team of at-risk youth through ETS. Mr. Lancaster stated that inventory control will be very tight and they will have request forms for individuals looking for certain items. The program would be a pilot program for the summer of 1994 and the success and continuation of "City Haul" will be evaluated in November 1994. CONSENSUS OF THE BOARD was to approve the waiver of County policy for disposition of County property to allow the sale of landfill items and low-value County property items to the general public at "City Haul". The Board directed Mr. Lancaster to work with the Purchasing Department and the County Attorney to draft an agreement for the Board to sign regarding this proposal.

8. "No Trucks" Signage: Mr. Smith informed the Board that he received an opinion back from the County Attorney regarding the County's authority to sign residential streets in the LaPorte area for "No Trucks"; this is an area where trucks are using non-County maintained residential streets for access in and out of the commercial area. Mr. Smith noted that this action will require the Board to pass a Resolution and when one is drafted, he will return for adoption and signature. Mr. Smith also has had a request from the State Patrol to sign Overland Trail as "No Commercial Vehicle Thru Traffic".

9. Report on Drainage Problem: Mr. Smith reported he met with the property owners in the Lake Shore Gardens Subdivision regarding their storm drainage problem and they are attempting to resolve the problem.

10. Memo Regarding Policy on Participation in Road Upgrades: Mr. Smith sent a Memo to the Board regarding policy on County participation in road upgrades and storm drainage problems; discussion of this matter will be held during another meeting scheduled with the Board.

11. Request for progress report on "Killer" Intersection: Chair Duvall reported that several months ago she toured the "Killer" intersection of the old Highway 287 and the new Bypass with LaPorte resident Harvey Kittle and Rex Burns to try to resolve how this intersection could be made safe. At that time, Mr. Burns suggested putting up cones to direct the traffic and he stated he would write a letter to the State for suggestions and guidance. Chair Duvall asked Mr. Smith if the State has responded and if anything is being considered to alleviate this dangerous situation. Mr. Smith will request Mr. Burns write a letter to the State for the Board to sign regarding this matter.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session to discuss contract negotiations.

Motion carried 3 - 0.

The meeting adjourned at 11:00 a.m.; no action taken.

WEDNESDAY, APRIL 20, 1994

ADMINISTRATIVE MATTERS

(#4 & #5)

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: Stu VanMeveren, District Attorney; Drew Davis, Sheriff's Department Research Technician; Dr. Larry Johnston, Director Environmental Health; Mark Johnson, EMS Coordinator; and Jerry White, Zoning Administrator. Recording Clerk, S. Graves.

1. PRESENTATION OF THE PROCLAMATION FOR CRIME VICTIMS' RIGHTS WEEK - APRIL 24-30, 1994: Mr. VanMeveren stated that as a society we can't ignore the plight of crime victims and the reason for the week is to recognize their plight. Chair Duvall read the Proclamation aloud and presented same to the District Attorney.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week of April 24 - 30, 1994 as Crime Victims' Rights Week, reaffirming its commitment to address victims' rights and criminal justice issues during 1994 and throughout the year, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL OF VICTIMS OF CRIME ASSISTANCE FUNDS: Mr. Davis requested Board approval of a grant application for Victims of Crime Assistant Funds; these funds will be used to fund the second part of their Victims Assistance Program and to hire a full-time Victims Assistance Coordinator and will not replace any of the existing services, such as Crossroads, etc. Mr. Davis noted that these funds are Federal dollars and no County dollars are required, only in-kind services in the Sheriff's Department and VALE grant monies.

M O T I O N

Commissioner Disney moved that the Board approve the Victims of Crime Assistant Funds grant application to fund the six-month salary for a Victims Assistance Coordinator, as requested by Mr. Davis.

Motion carried 3 - 0.


3. REQUEST FOR APPROVAL OF THE EMS GRANT PRIORITIES: Dr. Johnston and Mr. Johnson presented the recommended prioritization list of the grant applications of the Larimer County EMS Agencies and requested Board approval and the Chair's signature on a letter of support for this priority ranking. Dr. Johnston reviewed the success of this program over the last three years and noted that over one-half million dollars has been received in that time to supplement EMS services in smaller communities; Dr. Johnston noted that when the final decision is made for these grant awards, the letter of recommendation from the Board of County Commissioners is very important in the final selection. Dr. Johnston stated that last year every grant that was submitted was funded and is well spent to improve services delivered by EMS agencies. Mr. Johnson stated that the grant money received is used to fund projects and to encourage agencies to look at long-term planning and set realistic goals. Mr. Johnson noted that every year there is approximately 2 1/2 million dollars available to agencies across the State from EMS Grant Funds, which is derived from $1 per license plate sold in Colorado. Mr. Johnson informed the Board that this program will expire in 1996, unless it is renewed by a vote of the public.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the EMS Emergency Medical Services Grant Priorities List, as presented by Dr. Johnston and Mr. Johnson, and authorize the Chair to sign the letters of recommendation when presented in final form.

Motion carried 3 - 0.

4. BRIEFING ON MINERAL RIGHTS: Mr. White requested the Board to approve and the Chair sign Division Orders certifying that the County is the lawful owner of the mineral rights on a piece of property south of Loveland. Mr. White noted that by signing the Division Orders, the County will receive $25 to $50 annually for their mineral rights.

M O T I O N

Commissioner Disney moved that the Board authorize the Chair to sign the Division Orders ratifying that the County is the lawful owner of mineral rights on property south of Loveland, as requested by Mr. White.

Motion carried 3 - 0.

5. WORKSESSION:

-- Mr. Gordon noted that Dr. Keith Olson, Director of Mental Health, sent a memo to the Board requesting approval and the Chair's signature on a Personnel Authorization Request Form to hire a full-time Mental Health Therapist I for the Child and Family Team. Mr. Gordon stated that the Therapist will spend one-half of their time on the "Cities in Schools" Project.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the request from the Mental Health Director to add one full-time employee, a Mental Health Therapist I, to implement the "Cities in Schools" Project, and authorize the Chair to sign the Personnel Authorization Request.

Motion carried 3 - 0.

-- Mr. Gordon informed the Board that a letter was received from Berthoud requesting participation in the funding of their library. Mr. Gordon noted this request will be considered, along with other requests, at the Public Hearing for Impact Assistance Grants on May 17, 1994; and at that time, the Board will be asked to prioritize requests for funding.

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

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of April 11, 1994, and the Agenda for the week of April 25, 1994, as submitted.

Motion carried 3- 0.

M O T I O N

Commissioner Disney moved that the Board approve Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: SMI Creations; Apropo, Inc.; PM Group Life Insurance; Scavo; Tiley; Stover; and Pederson.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following miscellaneous documents: Deer Trails 1 Minor Residential Development (#S-50-91) Plat; Highland Hills Planned Unit Development Phase I Plat; and an Amended Hall Exemption.

Motion carried 3 - 0.



LIQUOR LICENSES: Licenses were issued to Al Fresco Great Italian Food - 6% WITH EXTENDED HOURS - Fort Collins, CO.; The Dunraven Inn - 6% - Estes Park, CO.; Dark Horse Restaurant - 6% WITH EXTENDED HOURS - Estes Park, CO.; and Overland Foods - 3.2% - LaPorte, CO. County Approval was granted to Potbelly Restaurant and Lounge - 6% - Red Feather Lakes, CO.; Fort Namaqua Wine & Spirits - 6% - Loveland, CO.; Rainbow Plaza, Inc. - 6% - Loveland, CO.; Mountain Greenery Resort - 6% - Bellvue, CO.; The Inn of Glen Haven - 6% - Glen Haven, CO.; Tagliamonti Associates, Inc., - REQUEST TO CHANGE TRADE NAME to Fort Collins Plaza Inn (Old Trade Name - Ramada Inn) - 6% - 3709 E. Mulberry Street, Fort Collins, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-70 EXTENSION OF AN AGREEMENT FOR WEATHERIZATION

SERVICES BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PUBLIC SERVICE COMPANY

OF COLORADO

A94-71 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LABOR AND EMPLOYMENT (Fort Collins

Job Service Center)

C94-22 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ENVIRONMENTAL SYSTEMS

RESEARCH INSTITUTE, INC. (Contract #94C0369 - GIS

User Community & Representatives of External Organizations)

D94-14 DEED OF DEDICATION BY REINHOLT J. SCHNEIDER

(Dedication of Property for Public Highway - Project #180)

R94-44s FINDINGS AND RESOLUTION DENYING THE PRELIMINARY

PLAT OF CASHMERE DOWNS SUBDIVISION

R94-45s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF CIMARRON LAKE SUBDIVISION

Motion carried 3 - 0.

At this time, County Attorney George Hass; Jeannine Haag, Assistant County Attorney; Rex Smith, Director of Public Works; Russ Legg, Development Processing Administrator; and John Pedas, Code Enforcement Officer, joined the meeting for Legal Matters.

1. "Logan Dump" Cleanup: Ms. Haag reported that a court order has been received allowing the County to clean up the "Logan Dump" within a certain period of time. Ms. Haag requested direction from the Board whether the cleanup should be put out for bid to a private company or the County do it; she is concerned about litigation afterwards and recommended keeping the cleanup internal. Mr. Pedas noted there are 60 to 90 cubic yards of trash; Mr. Smith stated that Road and Bridge is working 4 - 10's and could do it on a Friday on an overtime basis and not impact their workload; however, he would like to have the dump fees waived or paid by someone other than Road & Bridge and requested having deputy coverage. After discussion, the Board recommended going out to a private contractor for the cleanup and if they are subsequently sued, the County will represent them if the suit is within the scope of the cleanup.

2. Consideration of Options for Accessing Information: Ms. Haag stated that she and the Planning Department have been discussing various options for the Board to consider for accessing information before public hearings. Ms. Haag described the Federal Model whereby for large complex issues the Board would hold a pre-hearing, take the matter under advisement for a certain period of time in which the public can submit written comments, and then hold a second hearing and a decision is made. Mr. Legg stated they would have to change their regulations to define large complex. Or, the Board can continue with the present method and may take the matter under advisement and no further evidence or testimony is taken. Ms. Haag stated there are problems with getting too much information ahead of time because the Board is not to go into a judicial hearing with pre-conceived ideas about the matter. Mr. Hass stated that the Board has the authority right now to adopt the Federal Model or can opt to close the public hearing, except for a single issue, and will only accept additional information for their consideration on that issue, and table the decision until later. Commissioners Hotchkiss and Disney expressed their desire to continue with the present method of conducting public hearings and obtaining information. Mr. Legg stated that Planning has requested the Engineering and Health Departments to include more information in their packets before public hearings. The Board agreed they are going to ask for and require more information during public hearings in the future before making final decisions.

3. Estes Park Lodging Tax: Ms. Haag informed the Board that Estes Park is considering asking the County to adopt a lodging tax up to 2% to be used for advertising and promoting tourism in their area. Discussion ensued regarding if a geographical area is designated for imposition of the tax, who will vote on the tax - will be a County-wide vote or just an area vote? The implications of Amendment #1 and HB 1286 were discussed; Mr. Hass will research this Bill and report back to the Board with this findings.

4. Report on Oregon Case: Mr. Hass reported on a case in Oregon in which a hardware store owner wanted to expand his business and the City conditioned approval of the expansion on the owner dedicating an area for a bikeway and open space. The case went to the Supreme Court, as it was an "unreasonable taking". Mr. Hass noted that the law in Colorado is if it was a street for cars, there would be no problem as expansion of a business increases traffic.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session to discuss a Legal Matter.

Motion carried 3 - 0.

The meeting recessed at 11:25 a.m.; no action taken.

STANDING PLANNING WORKSESSION WITH JOHN BARNETT

(#5 & #6)

The Board of County Commissioners reconvened at 1:30 p.m. for a worksession with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Jerry White, Zoning Administrator, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Piedmont Farms Housing Problem: Mr. White reported on the status of the migrant housing problem at Piedmont Farms; he described all the avenues which have been considered over the past two years to obtain approval for various types of housing on this site. Two days ago, Mr. White was informed by a representative from Piedmont Farms that they would like to move some migrant housing buildings over from Boulder County; these buildings must be moved within sixty days or will be demolished. Discussion of the many technical problems followed; the Board suggested that Human Development should be involved and directed Mr. Barnett to process the request as an exception with the Board of Adjustment and work on the impacts of the Special Review. The Board agreed that these buildings will help alleviate the affordable housing problem, but they cannot look the other way and just let it happen.

2. Second Installment Report on Special Projects and Research Work Plans: Mr. Barnett presented the second installment of a workplan relating to the following special projects: Development Fee Structure Revisions; Revisiting the Urban Growth Areas and IGA's; and the North Lake Plan. Mr. Barnett submitted for the Board's review a report on the status of each of the special projects, a date on which the effort is projected to be completed, and a detailed work program of the work in progress.

With regard to the development fee structure revisions, Mr. Barnett noted they are working on the administrative and application fees; Bob Keister, Budget Manager, is interviewing the Front Range Counties and Larimer County Municipalities and will have a report for the Board to consider in August. Mr. Barnett asked if the Board thinks impact fees should also be included in this report; the Board directed Mr. Barnett to continue working on the administrative fees first. Mr. Barnett informed the Board that the Resolution on School Impact Fees is in the County Attorney's Office, as proposed by the Thompson R2J School District.

With regard to the Board responding to the Northeast Area Neighborhood Coalition, the Board agreed to tell them that their concerns have been heard and understood by the Board and in their day-by-day judgments on land-use planning, the Board will be very sensitive to their concerns and will do their very best to help protect them. Commissioner Disney recommended a consultant be engaged to work on their problem; and it was suggested that the Coalition be asked to financially participate in the hiring of this consultant.

As the Board had scheduled interviews at this time, it was decided to continue with the Standing Planning Worksession on Monday, April 25, 1994.

The meeting adjourned at 2:35 p.m.




_______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



________________________________________

Sherry E. Graves, Deputy County Clerk