> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 27, 1994

SUBDIVISIONS

(#63, #64, #65, #67 & #68)

The Board of County Commissioners met at 9:00 a.m. in regular session with the Director of Planning, John Barnett. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present; Chair Duvall will be out of town this week. Also present were: Jerry White, Zoning Administrator; Al Kadera, Subdivision Administrator; Russ Legg, Senior Planner; Carol Evans, Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett noted that the following are Consent Items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. WALKER MANUFACTURING SPECIAL REVIEW (#94-ZR0449):

NE 02-06-68; SOUTHWEST CORNER OF INTERSECTION OF

COUNTY ROAD 38 AND COUNTY ROAD 3; 22.85 ACRES;

1 LOT; I-INDUSTRIAL ZONING (6-27-94).

This is a request to allow expansion of a building to add a 40,000 square foot warehouse for the storage of supplies and inventory. Staff Findings include: 1) The proposal complies with the intent and purposes of the Comprehensive Zoning Resolution, and the County Land Use Plan; 2) The proposal is consistent with the 1988 approval of the rezoning and subdivision for this site; 3) The proposal is harmonious with the surrounding neighborhood, and will have no impact on surrounding land uses or property values; 4) The proposal will have no impact on the public health, safety, or welfare.

The Staff/Planning Commission Recommendation is for Approval of the Special Review to expand the existing facility, with the following conditions: 1) Except as modified by the following conditions, all development and use shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated April 18, 1994, with attached plans); 2) All conditions from the 1988 approval will remain in effect; 3) Applicant shall revise the landscape plan, and implement the plan, after consultation with County Natural Resources and County Planning; 4) No additional signage shall be installed; 5) Fuel/trash area shall be screened from view; 6) Building color shall be consistent with existing structure; 7) No building permit will be issued until applicant provides a written statement from the Poudre Fire Authority that their requirements have been addressed.

2. BOXELDER CREEK ACRES (#93-SU0380): SE 1/4 03-07-68; 1/2 MILE

EAST OF I-25 ON NORTH SIDE OF COUNTY ROAD 48, SOUTHWEST

OF THE LARIMER AND WELD CANAL; 20.22 ACRES; 4 LOTS;

FA-1 FARMING ZONING (6-27-94).

This is a request for Preliminary Plat to divide 20.22 acres into 3 lots ranging from 4.25 acres to 10.96 acres for single family dwellings (previously reviewed as Leisy Exemption #S-42-86). Staff Findings are: 1) The proposed Boxelder Creek Acres is consistent with the existing zoning of the site and with existing land uses in the immediate area; 2) Adequate access and utilities are available to this site; 3) None of the reviewing agencies offered any negative comments concerning this proposal; 4) Approval of Boxelder Creek Acres would not result in any significant negative impacts on surrounding properties, utility service, transportation facilities or the natural environment. The Staff/Planning Commission Recommendation is for Approval of the Preliminary Plat for Boxelder Creek Acres, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat including all notes; 2) Road construction, including the crossing of Boxelder Creek to access Lot 3, shall be subject to the review and approval of the County Engineer; 3) Easements requested by Public Service Company shall be included on the Final Plat; 4) Any costs of construction, including roads, drainage or utility installation, shall be included in a Subdivision Improvements Agreement, which is secured by appropriate collateral to guarantee completion of the improvements; 5) A note shall be added to the Final Plat to indicate that wildlife may cause damage or injury and the County and the Division of Wildlife will not be responsible. Hunting is also permitted in this area and should be noted.

3. MARY'S LAKE PLANNED UNIT DEVELOPMENT (#94-MS0493):

02-04-73; EAST SIDE OF MARY'S LAKE ROAD, NORTH OF MARY'S

LAKE; 6.2 ACRES; 7 LOTS; T-TOURIST ZONING (6-27-94).

This is a request to abandon existing Planned Unit Development request and to rezone from T-Tourist to E-Estate (Master Plan and Preliminary Phase Plan File #72-82). Staff Findings include: 1) Mary's Lake Planned Unit Development was approved twelve years ago and has never developed; the approval appears to have been premature; 2) The site consists of three legal building sites, which the owners wish to reconfigure into two lots. The Add-On Agreement has been submitted to the Planning Division and approval is pending the outcome of this hearing; 3) Approval of this request will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment.

Staff Recommendation is for Approval of the request to abandon the Master Plan approval for the Mary's Lake Planned Unit Development and to amend the conditions of approval of the rezoning to allow the E-Estate Zoning to remain even though the Planned Unit Development will not be completed.

4. HORSESHOE PARK FARMS - LOT 7 (#94-SU0506): 34-09-69; WEST

OF HIGHWAY 287 - NORTH OF THE BOULDER COUNTY LINE;

20.53 ACRES; 7 LOTS; FA-1 FARMING ZONING (6-27-94).

This is a request to change a condition of subdivision approval to permit a basement. Staff Findings are: 1) Horseshoe Park Farms was conditionally approved in 1981; 2) One condition of approval prohibited the construction of basements in the subdivision due to concerns about high ground water; 3) The applicant has submitted an engineering report from CDS Engineering, which indicates that basement construction on Lot 7 is feasible. Staff Recommendation is for Approval of the request to remove the condition of approval for Horseshoe Park Farms, which prohibits basement construction on Lot 7.

5. ORTON-SULLIVAN PROPERTY RIGHT-OF-WAY VACATION

(#94-OSO513): 21-05-72; SOUTH SIDE OF HIGHWAY 34, TWO MILES

EAST OF ESTES PARK; O-OPEN ZONING (6-27-94)

This is a request to vacate a small portion of highway right-of-way and add it to an existing subdivision lot. Staff Findings include: 1) Orton-Sullivan Subdivision was approved in 1913. In 1937, the owner of Lot 2 quit claimed an 80-foot strip of land to Larimer County for road purposes. The current owner wishes to vacate a small portion of this right-of-way and add it to Lot 2; 2) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed vacation and Amended Plat and stated no objections; 3) Approval of the State Department of Transportation will be required before that plat is recorded; 4) The vacation and Amended Plat will correct an existing encroachment on the State highway.

Staff Recommendation is for Approval of the vacation of a portion of State Highway 34 and Amended Plat of Lot 2, Orton-Sullivan Subdivision with the condition that written verification from the State Department of Transportation is submitted concerning the vacation of the State highway right-of-way.

6. GOLDEN FIELDS LANE STREET NAME REQUEST (#94-OSO517):

12-05-68; WEST OF COUNTY LINE ROAD, 3/4 MILE NORTH OF

U.S. HIGHWAY 34; FA-FARMING ZONING (6-27-94).

This is a request to name an unnamed road Golden Fields Lane. Staff Findings are: 1) This property is part of a seven lot development; all the lots are 35 acres in size; 2) All seven lots would be addressed off County Line Road, but it makes more sense to address them off the access road that runs through this site; 3) The County Health and Engineering Departments, all utilities serving this area, and the Loveland Fire Prevention Bureau have reviewed the proposed street name and stated no objections. Staff Recommendation is for Approval of the proposed street name of Golden Fields Lane.

7. SKYVIEW FIRST ADDITION AMENDED PLAT (#94-SA0514):

11-06-69; WEST OF COLLEGE AVENUE, NORTH OF TRILBY ROAD;

.43 ACRES; 1 LOT; FA-FARMING ZONING (6-27-94).

This is a request for an Amended Plat of Lots 23 and 24, Block 7, Skyview First Addition to combine two existing subdivision lots to create one building site. Staff Findings include: 1) Skyview First Addition was approved in 1964; 2) The lots are relatively small and building sites are limited. This request is to combine two lots to make one building 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; 4) The Water and Sewer District will require that service lines on the vacant lot be abandoned at the mains. Staff Recommendation is for Approval of the Amended Plat of Lots 23 and 24, Block 7, Skyview First Addition, with the condition that the applicant reach an agreement for the abandonment of the water and sewer service lines before the plat is recorded.

8. JOHNSON'S SUBDIVISION AMENDED PLAT (#94-SA0515):

13-04-69; NORTH SIDE OF STATE HIGHWAY 56, EAST OF

BERTHOUD; 9.66 ACRES; 2 LOTS; FA-1 FARMING ZONING (6-27-94)

This is a request for an Amended Plat of Lots 1 and 2 of the Amended Plat of Lots 15 and 16, Johnson's Subdivision to reconfigure two existing lots. Staff Findings are: 1) Johnson's Subdivision was approved in 1900; an Amended Plat of Lots 15 and 16 was conditionally approved in 1993; 2) The purpose of this Amended Plat is simply to reconfigure two existing lots; the lots will remain the same; 3) The County Health and Engineering Departments, all utilities serving this area, and the State Department of Transportation reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 1 and 2 of the Amended Plat 15 and 16, Johnson's Subdivision, with the condition that these lots share a common access onto State Highway 56.

9. SMITHERMAN PLANNED UNIT DEVELOPMENT (#94-MS0460):

NE 11-04-69; ON WEST SIDE OF U.S. HIGHWAY 287, 1/8 MILE

NORTH OF COUNTY ROAD 10E; 3.92 ACRES; 1 LOT;

C-COMMERCIAL ZONING (6-27-94).

This is a request to allow a storage and maintenance building for landscaping business, amending the plat of the Buckner South Exemption by combining two lots. Staff Findings include: 1) The property has been zoned C-Commercial since 1969; 2) The property was divided into two parcels by an Exemption. The division was intended to facilitate marketing of the site and no development can occur until a Planned Unit Development is approved; 3) The proposed use of the site, a decorative rock business, is consistent with the existing zoning and with existing uses in the immediate area; 4) None of the reviewing agencies objected to the approval of this project; 5) Some additional landscaping would add to the attractiveness of this area and can soften the appearance of a large metal building on this very visible site.

The Staff/Planning Commission Recommendation is for Approval of the Smitherman Planned Unit Development and Preliminary Phase Plan, with the following conditions: 1) Development of the site shall be limited to the plan submitted with this application; 2) A landscaping plan shall be developed in consultation with the adjacent property owner and submitted for review by the County Forester. The object of the additional landscaping is to soften the view of the proposed metal building from the highway; 3) The proposed metal building shall be an earthtone color; white or other reflective colors are not acceptable.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Walker Manufacturing Special Review (#94-ZR0449); Boxelder Creek Acres (#93-SU0380); Mary's Lake Planned Unit Development (#94-MS0493); Horseshoe Park Farm (#94-SU0506); Orton-Sullivan Property Right-of-Way Vacation (#94-OSO513); Golden Fields Lane Street Name Request (#94-OSO517); Skyview First Addition Amended Plat (#94-SA0514); Johnson's Subdivision Amended Plat (#94-SA0515); and the Smitherman Planned Unit Development #94-MS0460; each, with the conditions as outlined.

Motion carried 3 - 0.

10. REVISED VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT,

REZONING, MASTER PLAN & PRELIMINARY PLAT (#94-MS0505):

SE 1/4 OF SW 1/4 25-06-69; NORTH SIDE OF 57TH STREET (COUNTY

ROAD 28) 1/2 MILE EAST OF U.S. HIGHWAY 287, NORTHEAST

CORNER OF MONROE AND 57TH STREET; 34.63 ACRES; 93 LOTS;

R-2 RESIDENTIAL ZONING (6-27-94).

This is a request for a Master Plan, Preliminary Plat and Rezoning to divide 34.6 acres into 90 lots for single family residential use (minimum lot size 6,500 square feet; average lot size 7,935 square feet) with 9.28 acres of open space and for rezoning from R-2 to R-1 Residential. Mr. Legg reviewed the recent history of the proposal and noted that the current proposal has attempted to address the concerns raised by the Board and adjacent property owners during the hearing of this matter on April 25, 1994. Mr. Legg stated that the Planning Commission reheard this item on June 15, 1994 and recommended unanimous approval, with the addition of a condition that the buildings be limited to 28 feet in height; however, Staff prefers for this requirement to be part of the covenants. Also, the applicant has proposed that an architectural fence be provided on the east side of the development which will be maintained by the Homeowner's Association, and the final design of the fence will be provided to the neighborhood for their comments before Final Plat. Staff Findings are: 1) The proposed Vista View Planned Unit Development, with the significant concentration of private open space, well designed traffic circulation pattern and density transition, is consistent with the Larimer County Comprehensive Plan, the planning guidelines of the Loveland Intergovernmental Agreement, and the Larimer County Planned Unit Development Resolution; 2) The rezoning of the site to R-1 Residential is consistent with the existing zoning in the area and is in conformance with the adopted planning guidelines of the Loveland Master Plan as adopted by Larimer County; 3) The City of Loveland Planning Commission recommends approval with the conditions noted in this agenda; 4) Approval of the proposed and revised Planned Unit Development, with the following conditions, will not result in any significant negative impacts on surrounding property, utility services, transportation facilities or the natural environment.

Roger Clark, attorney for the applicant, provided a brief overview of the status of the proposal, noting that this area has been the subject of numerous presentations commencing twenty months ago, when it was originally presented as a mobile home project and then as a modular home project. However, because of concerns of the neighborhood, both of these projects were withdrawn by the applicant. Mr. Clark reviewed the history of the project and noted that over the course of time the developer has modified the project and attempted to alleviate the concerns of the neighborhood by: 1) reducing the number of lots from 109 to 93, thereby increasing lot sizes; 2) increasing the minimum square footage of houses in the project to 1600 square feet throughout the project, up from 1200 square feet--noting that east of Monroe Avenue the minimum square footage will be 1800; 3) requiring that one-third of the entire facade of each residence, excluding the garage, will be brick. Eldon Ward, Planning Consultant, also reviewed the changes which have been made in the proposal. Mark Elmore, Developer, discussed the nature and design of the single-family residences planned and noted agreement with the 28-page document of covenants for the development. John Donnelley, Engineer, discussed the complicated drainage issue and the installation of a detention basin for protection of the church and school yard. Mr. Donnelley also noted that the developer has agreed to install a chain link fence, instead of the proposed architectural fence, around the school yard to inhibit children from running into the street. Commissioner Disney asked about measures to be taken near the detention pond for mosquito control. Mr. Burns responded that the type of vegetation planned at the base of the wetland pond will deter mosquitoes. As a note of caution, Commissioner Disney also noticed that in the proposed plan, trees are to be planted in the potential right-of-way for the extension of Monroe to the north; therefore, in an attempt to avert future problems, he recommended that trees not be planted in this ROW.

The following adjacent property owners addressed the Board in opposition to this proposal: Sandy Eklich, Jane Rust, Paul Bonomo, Kathy Kuhlman, and Denise Praizler. The concerns discussed were drainage, no commercial type of business to be allowed, lack of availability of services for the area, liability issues stemming from unfenced open spaces adjacent to property lines, quality of life issues, density still too high (would like to see 82 lots instead of 93), over-crowded appearance from front square footage of the lots, absolute assurance that in the future that only single-family residences will be allowed, street lighting, lack of communication to adjacent property owners about hearings and meetings, inconsistency of County in development proposals, etc. Mr. Bonomo submitted for the Board's consideration a list of general notes containing additions, deletions, and suggestions regarding the conditions of approval; he also submitted a listing of procedural irregularities of the Larimer County Planning Process regarding this revised proposal. Ms. Haag addressed the allegations of procedural irregularities in the revisiting of this proposal and, in summary, noted that no irregularities in procedure exist. Questions raised by Ms. Kuhlman regarding the revisiting of this proposal, rezoning, reliance by the neighbors on the authenticity of the Final Plat, etc. were discussed and answered; she read a prepared statement and raised concerns regarding the covenants, etc., and she submitted petitions signed by area residents objecting to approval of this proposal. Commissioner Disney suggested another neighborhood meeting be held with the neighbors and the developer to review the general notes submitted by Mr. Bonomo and the covenants in order for everyone to have a clear understanding of them. Mr. Charles Crutchfield spoke in favor of the proposal. In rebuttal, Mr. Ward responded that the new plan was drawn according to suggestions made by the neighbors at the last hearing; however, they will be happy to oblige further in redesigning the plan with regard to open space areas, fencing, etc. Mr. Clark addressed the concerns of drainage, residential housing, fire department services, fencing, density, open-space calculations, covenants, etc. which were raised today by the neighbors, and he reviewed the numerous modifications which the developer has done in the past twenty months in an attempt to satisfy the neighbor's concerns.

Much discussion followed and the Staff/Planning Commission Recommendations of Approval were amended as follows: Approval of the Rezoning from R-2 Residential to R-1 Residential, with the following conditions: 1) The rezoning shall be effective upon the signing of the Findings and Resolution; 2) The rezoning shall require that the land be developed as a Planned Unit Development; 3) The maximum number of residential lots permitted in the new zone shall be 93; and Approval of the Master Plan for Vista View Estates, with the following conditions: 1) The Master Plan shall expire June 27, 1999, unless a Final Plat has been recorded for the development; 2) All future submittals shall be in conformance with the approved Master Plan as conditioned by this approval of the Preliminary Plan; and Approval of the Preliminary Phase Plan for Vista View Estates, with the following conditions: 1) Waivers from the Intergovernmental Agreement Phasing Criteria have not been requested by the developer and not approved by Larimer County. All required improvements to 57th Street shall be complied with without the approved construction plans and included in the Subdivision Improvements Agreement; 2) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all required covenants notes and agreements stated in the letters from Roger Clark, attorney for the applicant, dated March 9, 1994 and May 31, 1994; 3) A final landscape plan shall be submitted to the City of Loveland Staff for comment prior to submittal of the Final Plat; 4) All pathways shall be paved and included in the construction plans and Subdivision Improvements Agreement. Lots 55 and 56 shall be modified to provide for adequate and safe north and south pedestrian movement; 5) The landscaping of the storm water detention area shall be included in the Subdivision Improvements Agreement. All requirements of the County Engineer regarding water quality shall be met at the Final Plat stage; 6) All notes contained on sheet 2 of the revised plat dated 5-17-94 shall be conditions of approval and complied with by the applicant. A note shall be added to the Final Plat that residential units shall be stick built on-site; 7) Drawings of the proposed architectural fence for the east boundary should be forwarded to neighborhood representatives prior to the submittal of the Final Plat; the Final Plat and Site Plan shall also be forwarded to the neighborhood representatives prior to Final Plat approval by the County Commissioners; 8) A note shall be placed on the covenants that all internal roads shall be maintained by the Homeowner's Association and not by Larimer County; 9) A limitation of buildings no more than 28-feet in height will be imposed; 10) The detention plan shall include a long term specific maintenance program to be included in the covenants and shall be constructed and landscaped in a manner to minimize mosquito habitat; in addition, the landscape plan shall be modified to remove all trees from the Monroe right-of-way north of Meadow Creek Court; 11) Lighting shall be provided by yard lights, except that the developer shall provide street lights for safety purposes at street intersections, as approved by the County Engineer.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commissioner Recommendations and approve the Revised Vista View Estates Planned Unit Development, Rezoning, Master Plan and Preliminary Plat, with Conditions as amended.

Motion carried 2 - 0.

11. JENKS MINOR RESIDENTIAL DEVELOPMENT CHANGE OF

CONDITION REQUEST (#94-EX0518): NW 26-07-70; EAST SIDE

OF COUNTY ROAD 27, TWO MILES SOUTH OF MASONVILLE;

15 ACRES; 1 LOT; O-OPEN ZONING (6-27-94)

This is a request to change a condition of approval for this Minor Residential Development, which required closure of the existing business to be in compliance with County regulations and to request approval to operate a fruit sales business until January 1, 1996 at this location. Ms. Evans provided the background information and described the current request; Mr. Nick Jenks, applicant, noted that he agrees with the conditions outlined by Staff. Staff Findings include: 1) The Larimer County Subdivision Regulation limits uses in Minor Residential Developments to single family residential and permitted accessory uses; 2) The Jenks Minor Residential Development (#92-EX0187) was conditionally approved in June 1993. One condition required cease of business operations for First Fruits Orchards at that location upon recording of the Final Plat; 3) The applicants submitted a signed agreement regarding cease of business activity and compliance with the Minor Residential Development regulations; the Final Plat was recorded in December 1993; 4) A Special Exception request to operate the fruit sales business at a nearby location was conditionally approved by the Board of Adjustment in September 1993; 5) No technical objections were raised regarding this request to allow "temporary" business operations on the Minor Residential Development lot. It does not appear that there would be any significant negative impact on provision of services or transportation if the temporary use were allowed.

Staff Recommendation is for Approval of a temporary change of condition for Lot 1 of Jenks MRD #92-EX0187, with the following conditions: 1) Business operations shall cease by January 1, 1995; 2) There shall be no expansion of the business beyond what has historically occurred at this location; 3) A signed and notarized development agreement, which includes the above conditions, must be submitted to the Planning Department and recorded by July 31, 1994.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and adopt the Jenks Minor Residential Development of Condition Request (#94-EX0518), with conditions as outlined.

Motion carried 2 - 0.

12. KENDALL LEGAL LOT APPEAL (#94-OSO501): 04-06-68; FA-1

FARMING ZONING, FORT COLLINS URBAN GROWTH AREA;

(6-27-94)

This is a request appealing Staff's decision regarding legal lot status for Parcel #86040-010. Ms. Evans provided the background information and reviewed the technical and policy issues; the applicant was not present for today's hearing. Staff Findings are: 1) Current legal lot policy is to recognize lots split out prior to May 5, 1972; 2) Previous legal lot policy recognized lots split out prior to January 1, 1973; 3) The applicant's property was first split out in September (one acre lot) and October (two acre lot) of 1972; 4) Planning Staff has determined that the two acre lot in question is not considered a legal building site; 5) Even if the two acre lots were considered a legal building site, a Lot Size Variance would have to be approved by the Board of Adjustment before a building permit would be issued. Staff Recommendation is for Denial of the legal lot appeal.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and deny the Kendall Legal Lot Appeal (#94-OSO501).

Motion carried 2 - 0.

The meeting recessed at 12:10 p.m.

PUBLIC HEARING REGARDING THE FORMATION OF

COLONY RIDGE LOCAL IMPROVEMENT DISTRICT

(#67 @ 960 & #68)

The Board of County Commissioners reconvened at 2:00 p.m. for a Public Hearing with Rex Burns, Improvement District Administrator. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present; as noted previously, Chair Duvall is out of town this week. Also present were: Diane Martell, Improvement District Coordinator; Bob Grewell, Finance Director; Blake Jordon, Bond Counsel; Mike Abrams, Assistant County Attorney; Neil Gluckman, Assistant County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Burns noted that the purpose of today's public hearing is to provide an opportunity for the Board of County Commissioners to receive comments from the residents in Colony Ridge Subdivision concerning their interest and desire to form a Local Improvement District for the purpose of financing and improving the streets in their subdivision. Mr. Burns stated that, as required by Amendment #1, the formation of a LID now requires a vote of the people whenever a new indebtedness is incurred; this election will be held in November of this year, if the Board determines today that the formation of this LID is what the majority of the residents in Colony Ridge desire. Mr. Burns noted that today's hearing has been legally advertised and notices have been sent to property owners of record. Mr. Burns described the project and stated that a design program will be undertaken to rebuild the streets for a 20-year life expectancy.

Ms. Martell reported to the Board that petitions for this project were received in May, signed by 71% of the homeowners indicating their approval for formation of this LID; the total cost of the project will be $330,000 and each of the 102 platted lots will have a total principal assessment of $2,946.43, plus interest, if the property owner elects to pay in installments over a ten-year period.

Those speaking in opposition to the formation of a Local Improvement District were Grace Green, Sandra Tate, and Earl Smith; they all agree that the roads need to be repaired, but they think the County should share equally in the cost of improving the roads. They stated that these roads have needed repair for years and the problem has been brought to the Board several times; the developer should have been held responsible, but the collateral was released by the County and this released him from his obligation. Ms. Martell noted that a letter from the Donaldson's and a phone call from Tonja Webb were also received in opposition to the LID. Lance Clemons, President of the Homeowner's Association responded to comments and concerns raised by the opponents, noting that newsletters were sent to every homeowner, several options were considered for resolution of this matter, and consideration was given to suing the developer; however, after seeking legal counsel, they were advised to not sue. Ron Bolton agreed with Ms. Green that the streets need to be repaired and the County should share in the financial burden, but even if the County cannot split the cost, they need to make a decision and move forward; Cindy Cunningham and Steve Rosen concurred. Ron Richards stated that life isn't always fair, the roads need to be fixed, and the longer they wait, the more it will cost; he requested participation from the group to work together with the County to get the work accomplished. It was pointed out that the County has agreed to install a street light at the entrance to the subdivision, repair the manhole in the first block of Rancho Way, and the County will accept the streets for maintenance upon completion of the reconstruction. Discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Resolution creating the Larimer County Local Improvement District #1994-1 for Colony Ridge Subdivision in Larimer County, ordering the construction, installation, completion, and acquisition therein of certain local improvements, together with any necessary incidentals; and provide for the issuance of bonds in payment for said improvements, and for other details in connection with the District, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

R94-67d RESOLUTION CREATING THE LARIMER COUNTY LOCAL

IMPROVEMENT DISTRICT NO. 1994-1 FOR COLONY RIDGE

SUBDIVISION IN LARIMER COUNTY, COLORADO

The meeting adjourned at 3:30 p.m.

TUESDAY, JUNE 28, 1994

QUARTERLY MEETING WITH DIRECTOR OF HEALTH DEPARTMENT

(#69)

The Board of County Commissioners met at 9:30 a.m. in regular session with Dr. Adrienne LeBailly, Director of the Health and Environment Department. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present; as previously noted, Chair Duvall is out of town this week. Also present were: Neil Gluckman, Assistant County Administrator, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Health Care Access Coalition Update: Dr. LeBailly reported that Linda Nielson, formerly with United Way and the Women's Center Health Care Program and currently a Loveland City Council Person, has been hired as Executive Director and will start her duties on July 18, 1994. Dr. LeBailly noted that the Access Plan is getting more specific and a business plan is being developed; she noted that over $61,000 was raised at the Poudre Valley Hospital Foundation Spring Benefit in May which will be used for clinic start-up costs.

2. 1994 Plague Activity: Dr. LeBailly reported on the one human case of plague reported in Larimer County (2-year old in Berthoud) and noted that the child is fine; she stated that plague activity seems to be in northern Boulder County and southern Larimer County at this time.

3. State Funds for Maternity Care: Dr. LeBailly stated that the State provides the Health Department with dollars for pre-natal care for pregnant women who are not eligible for Medicaid; this year, the State provided money for 30 of these women and these funds are now exhausted. Dr. LeBailly noted that they are working with other agencies to obtain additional funding.

4. Preventive Health Block Grant Proposals: Dr. LeBailly noted that Ms. Arnett will be coming to the Board in July with requests for three grant proposals to be submitted to the State Health Department (two are continuing grants); they are hoping to expand the community-needs assessment to smaller communities, such as Wellington and Waverly. The new grant proposal is for pollution prevention and Dr. Johnston may be contacting the Board for a letter of support for this proposal.

5. Public Health Leadership Institute 1994-1995: Dr. LeBailly informed the Board she will be applying for a Public Health Leadership Institute for 1994-95, noting that only 50 people are selected nationwide from Federal, State and Local agencies for this Training Program and the Board may be contacted for a recommendation.

6. Executive Session:

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session to discuss possible litigation.

Motion carried 2 - 0.

The meeting recessed at 10:30 a.m.; no action taken.

WEDNESDAY, JUNE 29, 1995

ADMINISTRATIVE MATTERS

(#70)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present; Chair Duvall is out of town this week. Also present were: Patty Arnett, Health Department Business Manager; Ralph Jacobs, Director of Personnel; Patrice Luehring, Buyer II; Donna Hart, County Administrator Assistant; Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

1. RECOMMENDATIONS FOR THE SELECTION OF THE COUNTY ATTORNEY: Mr. Gordon presented the recommendations made by the Review Committee which was appointed to evaluate the proposals submitted by qualified law firms and requested the Board's approval or disapproval. Mr. Gordon noted that three proposals were submitted and two interviews were conducted; the Committee unanimously recommended that the Firm of Harden, Schmidt, Hass, Haag and Hallberg be selected.

M O T I O N

Commissioner Hotchkiss moved that the Board accept the unanimous recommendation of the Review Committee that the Firm of Harden, Schmidt, Hass, Haag and Hallberg be selected by the Board of County Commissioners to provide legal services for the County and appoint George Hass as County Attorney, and consider the possibility of stipulating that the Firm give special attention to the requirements of the Department of Social Services by physically locating the attorney principally responsible for supporting that Department's child welfare legal services in the building occupied by the Department, at an office to be provided by the Director of the Department.

Motion carried 2 - 0.

2. REQUEST FOR APPROVAL TO SUBMIT A GRANT APPLICATION TO THE KELLOGG FOUNDATION: Ms. Arnett requested Board approval to submit a grant proposal to the Kellogg Foundation; monies from this grant would be used to expand the healthy communities project to northeast Fort Collins and the Wellington and Waverly areas. If approved, this grant would require the addition of a 75% time health educator; no additional County monies are required.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the request to submit a grant application to the Kellogg Foundation for the Healthy Communities Project.

Motion carried 2 - 0.

3. REQUEST FOR APPROVAL AND SIGNATURE ON (A) RENEWAL AGREEMENT WITH TAKECARE COLORADO FOR 1994 AND (B) FORM 5500 FOR THE FLEXIBLE SPENDING ACCOUNT PLAN: Mr. Jacobs requested Board approval and the Chair Pro-Tem's signature on the Renewal Agreement with TakeCare Colorado for the 1994 Plan Year and on Form 5500 for the Flexible Spending Account Plan, as required by the Internal Revenue Service. Mr. Jacobs stated that both documents have been approved as to form by Assistant County Attorney Marla Hehn.



M O T I O N

Commissioner Hotchkiss moved that the Board approve the Renewal Agreement with TakeCare Colorado for the 1994 Plan Year and Form 5500 for the Flexible Spending Account Plan and authorize the Chair Pro-Tem to sign same, as requested by Mr. Jacobs.

Motion carried 2 - 0.

4. REQUEST FOR APPROVAL AND SIGNATURE ON TWO CONTRACTS FOR THE 5TH ANNUAL COLORADO JOB TRAINING CONFERENCE: Mr. Gordon presented two contracts regarding the 5th Annual Colorado Job Training Conference and requested the Board's approval and the Chair Pro-Tem's signature, noting that Larimer County ETS is acting as the administrative entity and conference coordinator for this event.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Contract with the State of Colorado and the Contract with Snowmass Resort Association, both contracts relating to the 5th Annual Colorado Job Training Conference scheduled for September 28, 29 and 30 in Snowmass Village, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

C94-32 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO

(Colorado Job Training Conference in Snowmass, CO.)

C94-33 GROUP BOOKING CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE SNOWMASS RESORT

ASSOCIATION (Colorado Job Training Conference in Snowmass,

CO. on September 28, 29 and 30, 1994)

5. REAPPOINTMENTS TO THE OVERALL ECONOMIC DEVELOPMENT PLANNING COMMITTEE (OEDP): Mr. Gordon noted that the Board has received recommendations for reappointments to the Overall Economic Development Planning Committee and approval is requested; also, the Board was requested to increase the terms on this Committee from three to four years as OEDP is a subcommittee of the Private Industry Council and their terms run for four years.




M O T I O N

Commissioner Hotchkiss moved that the Board approve the increase of terms from three years to four years for the Overall Economic Development Planning Committee and approve the reappointments of Frank Bruno, Randy Garrison, Ann Lang, Anna Lenahan and Guadalupe Salazar to the Overall Economic Development Planning Committee (OEDP), each for a four-year term ending June 30, 1998, and to approve the appointment of Will Harper as a voting member of OEDP.

Motion carried 2 - 0.

6. APPOINTMENTS AND REAPPOINTMENTS TO THE COMMUNITY CORRECTIONS ADVISORY BOARD: The Community Corrections Advisory Board has submitted a list of recommended appointments and reappointments to the Community Corrections Advisory Board and requested Board approval of same.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following appointments and reappointments to the Community Corrections Advisory Board, each for a two-year term ending June 30, 1996: Appoint Judy L. Moreno Cushing and Lou Nagy and Reappoint The Honorable John Price, Laurie Barnhill, Steve Schapanski, Eric Philp, Seth Temin, Leslie Johnson, Kathy Everett, and Sallie George, and noted approval of the waiving of the Board's term limitation policy for Honorable John Price and Steve Schapanski.

Motion carried 2 - 0.

7. REAPPOINTMENT TO THE URBAN GROWTH AREA REVIEW BOARD: The Fort Collins City Council has recommended the reappointment of Lloyd Walker for another term on the Urban Growth Area Review Board and requested approval from the Board.

M O T I O N

Commissioner Hotchkiss moved that the Board reappoint Lloyd Walker to the Urban Growth Area Review Board for a four-year term ending July 1, 1998, as recommended by the Fort Collins City Council.

Motion carried 2 - 0.

8. WORKSESSION:

-- Mr. Gordon reminded the Board that during the Public Hearing on June 27, 1994 concerning Colony Ridge Subdivision, the Board agreed to install a street light and repair and manhole; the Subdivision Improvement District Admin Fund will pay for half of this expense and the Board is requested to approve funding for the other half.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the expenditure of $5,000 for improvements agreed upon for Colony Ridge Subdivision, $2,500 to be derived from the 1993 Carry Over and $2,500 from the SID Administrative Fund.

Motion carried 2 - 0.

-- Mr. Gordon submitted a Personnel Authorization Request from Sheriff Shockley to hire three (3) Patrol Officers for the remainder of 1994 and noted the Sheriff has funding available in his 1994 budget for their salaries.

M O T I O N

Commissioner Hotchkiss moved that the Board approve and the Chair Pro-Tem sign the Personnel Authorization Request from Sheriff Shockley for three Patrol Officer positions, funding available for these positions in the existing 1994 Sheriff's budget, with the understanding that these positions are not authorized for 1995 unless the Sheriff finds other sources of funding.

Motion carried 2 - 0.

-- The Board has received a request from the Director of Public Works for authorization for the use of an additional 300 hours from the balance of sick leave previously donated to Elaine Spencer from the Public Works Division Employees.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize the use of an additional 300 hours for Elaine Spencer from the balance of sick leave previously donated by the Public Works Division Employees, as requested by Mr. Smith.

Motion carried 2 - 0.

-- Mr. Gordon stated that the Board received a request from the District Attorney for approval for them to seek financial support (3,000) from private sources for updating and revising the juvenile division's instructional video; this video is viewed by all juvenile's and their families prior to their case being filed with the courts instructing them about the judicial system and inform them of their responsibilities and liabilities.


M O T I O N

Commissioner Hotchkiss moved that the Board approve the request from the District Attorney to seek outside private funds for updating and revising the juvenile division's instructional video.

Motion carried 2 - 0.

-- The Board received notification from the District Attorney that Teresa Ablao has resigned her position of District Court Deputy II and, as a result of other resignations in the office, he is requesting approval from the Board to promote three attorneys within the guidelines of the flexible staffing concept, thereby increasing their salaries for their increase in responsibilities. CONSENSUS OF THE BOARD was to authorize Mr. Gordon to approve this request.

-- Mr. Gordon reminded the Board that previously the Board approved the construction of a softball diamond near the Shields Street Shop; as it isn't being used by the County, the Buckaroos Softball Team asked Bill Nelson to use it and he agreed. The Buckaroos cleaned it and started using it and then Mr. Nelson became concerned about insurance and liability; the parents are willing to sign a waiver releasing the County from liability and also noted they are insured. If the Board approves this usage, Mr. Gordon will have the Risk Manager insure that the County's liability is met by the Buckaroos' insurance certificates; CONSENSUS OF THE BOARD was to approve this request.

-- Mr. Gordon received a note from Chair Duvall stating that Marie Mack of the Colorado Division of Mental Health would like to do a 15-minute phone interview regarding our satisfaction with the Mental Health Center; Commissioner Hotchkiss stated that he is having this interview this afternoon.

-- Mr. Gordon requested Board approval to send a Memo to all the Elected Officials requesting a $20 contribution and assistance in the serving line at Bratwurst on the Barbie, which is held annually and is a fund raiser for United Way. CONSENSUS OF THE BOARD was to approve the request and authorize the Chair Pro-Tem to sign the Memo.

-- Mr. Gordon stated that Ms. Hart received a call from the City requesting a breakfast meeting with the Board instead of a dinner meeting; suggested dates were August 4, 10 and 18, 1994 at 7 a.m., place to be designated. One topic of discussion will be to ascertain the Board's viewpoint regarding the UGA; the Board indicated their preference for the August 4th date.

9. COMMISSIONER'S REPORTS:

-- Commissioner Disney reported on the dinner meeting he attended last evening with Governor Romer, hosted by the City of Loveland; he discussed the possibility of having a conversation with the Department of Institutions regarding site selection for the Juvenile Detention Facility. Commissioner Disney also reported that Linda Nielson was at the dinner and volunteered to be one of the citizens on the new Social Services Planning Committee, and Karen Beye, State Social Services Director, thanked the Board profusely for appointing Doug Keasling to the Committee.

-- Commissioner Disney reported he met with several members of the Housing Authority Advisory Board this morning and discussion ensued regarding the future of the Board and its role; they will assist the Board in reviewing fee waiver criteria and in drafting an educational document for the public regarding affordable housing.

-- It was noted that Commissioner Disney was elected Vice Chair of the Colorado Counties, Inc. (CCI) Urban District Caucus by the Nine Front Range Counties at the CCI Conference held in Estes Park last week.

10. 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 June 13 and June 20, 1994 and the Agenda for the week of July 4, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions for Abatement for the following, as recommended by the County Assessor Steve Miller: Village Locksmith, Lady's & Gentlemen's Shoes, Wade H. Whilden (2), and Bonnie J. & Thomas E. Debrot.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Community Development Block Grant (CDBG) Disclosure Report Form for the Larimer/Weld Revolving Loan Fund (HUD Disclosure Statements; the State of Colorado Governor's Job Training Office Economic Dislocation and Worker Adjustment Assistance Substate Area Grantee Plan Signature Page Form (Economic Dislocation and Worker Adjustment Assistance Act); and the Foothills Estates Subdivision Plat.

Motion carried 2 - 0.


LIQUOR LICENSES: A License was issued to Conoco #06381 - 3.2% - Bellvue, CO. County Approval was granted to Bob's Liquor - 6% - Fort Collins, CO.; River Forks Stage Stop - for a REQUEST TO CHANGE, ALTER OR MODIFY PREMISES - 6% - Drake, CO.; Ptarmigan Club - 6% Renewal and for a REQUEST TO CHANGE, ALTER OR MODIFY PREMISES - Fort Collins, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-111 TEMPORARY EASEMENT AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND NANCY BROWN JOHNSON,

AND JAY S. AND JACQUELINE L. THRELKELD (Gregory Road)

C94-34 MASTER CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, THE

GOVERNOR'S JOB TRAINING OFFICE (Local ETS Programs)

C94-35 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND STRIJPE WRIGHT PAVEMENT

MARKING (Project #9022)

C94-36 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CROSSROADS SAFEHOUSE, INC.

(Emergency Shelter Grant Program Contract #94-214)

C94-37 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CATHOLIC COMMUNITY SERVICES/

NORTHERN (Same as Above)

C94-38 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SENIOR CHUCKWAY (Blizzard Box

Program - Community Food and Nutrition Program Contract)

C94-39 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HOMELESS SHELTER OUTREACH

PROGRAM (Same as Above)

C94-40 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND YOUTH SAFE RESIDENTIAL FACILITY

(Same as Above)



C94-41 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF INSTITUTIONS, DIVISION OF MENTAL

HEALTH #95-0010

R94-68g RESOLUTION DECLARING A FIRE BAN IN LARIMER COUNTY

R94-69z SPECIAL REVIEW FINDINGS AND RESOLUTION DENYING

THE PETITION OF CLINTON AND NISSEN

R94-70z SPECIAL REVIEW AMENDMENT FINDINGS AND RESOLUTION

GRANTING THE PETITION OF WELLINGTON KOA

R94-71s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

MCMURRY MINOR RESIDENTIAL DEVELOPMENT

R94-72s FINDINGS AND RESOLUTION GRANTING THE BACH MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R94-73s FINDINGS AND RESOLUTION CONCERNING AMENDMENT

OF THE MASTER PLAN OF COUNTRY RETREAT PLANNED

UNIT DEVELOPMENT

R94-74s FINDINGS AND RESOLUTION DENYING THE MASTER PLAN,

REZONING AND PRELIMINARY PHASE PLAN OF VISTA VIEW

ESTATES PLANNED UNIT DEVELOPMENT

R94-75s FINDINGS AND RESOLUTION APPROVING THE PROPOSED

ROAD NAMES FOR BLUE MOUNTAIN RANCH

R94-76s FINDINGS AND RESOLUTION APPROVING THE MASTER

PLAN AND PRELIMINARY PLAT OF EAGLE LAKE 5TH FILING

PLANNED UNIT DEVELOPMENT

R94-77s FINDINGS AND RESOLUTION GRANTING THE APPEAL OF

SAULCY TO FILE MINOR RESIDENTIAL DEVELOPMENT

R94-78z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF MCCARTNEY

R94-79z SPECIAL REVIEW FINDINGS AND RESOLUTION GRANTING

THE PETITION OF BILL W. HAASE

Motion carried 2 - 0.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

Regarding the Public Hearing scheduled for Tuesday, July 5, 1994 for Change of Ownership for a Liquor License, Mr. Hass noted that by Statute and Law the purpose of the Hearing is confined to a review of the qualifications of the new license holder and to provide an opportunity for the Board to inform the new owner of his responsibilities and obligations to run a good establishment and how to avoid problems in the future with the law.

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session to discuss a personnel matter.

Motion carried 2 - 0.

The meeting adjourned at 11:20 a.m.; no action taken.


________________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

ATTEST:

( S E A L )


_________________________________________

Sherry E. Graves, Deputy County Clerk

June 29, 1994