> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 22, 1994

SUBDIVISIONS

(#104 & #105)

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 presided. Also present were: Russell Legg, Senior Planner; Jerry White, Zoning Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haas, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett informed the Board that the following two items listed on today's agenda for tabling, Pit Stop Special Review (#94-ZR0401) and the Eagle Kennels Special Review (#94-ZR0467), have been withdrawn by the applicants. Mr. Barnett requested that the Board table the Carter Lake Enterprises Special Review until September 12, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Carter Lake Enterprises Special Review (#94-ZR0469) until September 12, 1994, as requested by Mr. Barnett.

Motion carried 3 - 0.

Mr. Barnett also noted that the Rabbit Shadow Farms Rezoning and Special Review ((#94-MZ0450) has been withdrawn from today's agenda.

1. CHURCH SUBDIVISION (#93-SU0346): SW 1/4 35-05-69; NORTHEAST

CORNER OF THE INTERSECTION OF COUNTY ROAD 17 (TAFT

AVENUE) AND COUNTY ROAD 14 (42ND STREET); 18.59 ACRES;

11 LOTS; FA-FARMING ZONING (08-22-94).

This is a request to divide 18.5 acres into 10 lots of 0.96 to 1.34 acres for single family dwellings and one lot of 3.25 acres for an existing church. Mr. Legg provided the background information, submitted an aerial map of the site, and reviewed the major concerns and issues noting that the area is designated Urban Reserve in the Loveland Urban Growth Agreement. Mr. Legg further stated that the residents in the area are concerned with the proposed residential density and the county has a concern with the internal configuration and design and its relationship to the two external county roads. Mr. Legg noted that a report regarding this request has not yet been received by the City of Loveland. Staff Findings include: 1) The proposed Church Subdivision is consistent with the zoning of the site and with the density guidelines contained in the Intergovernmental Agreement for the Loveland Urban Growth Area; 2) Significant improvements are needed on County Road 14 and County Road 17 to correct some turn lane deficiencies; this developer will be solely responsible for these improvements; 3) This project has adequate fire protection and utility services; 4) Approval of this project with the following conditions will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment.

The Planning Commission/Staff recommendations are for denial of the variance concerning the length of a dead-end street; approval of the waiver concerning contiguity with existing development; approval of the waiver concerning off-site capacity improvements, with the condition that the applicant sign an Annexation Agreement and each lot shall be assessed a Waiver Fee, payable when building permits are issued, and approval of the Preliminary Plat for Church Subdivision, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the minimum requirements of the Larimer County Subdivision regulations and with the conditionally approved Preliminary Plat; 2) All concerns expressed by the County Engineer shall be addressed in the Final Plat application. All improvements to County Roads 14 and 17, required by the County Engineer shall be included in the Subdivision Improvements Agreements and coveredby appropriate collateral; 3) Prior to Final Plat approval, the applicant shall enter into an agreement with the Consolidated Home Supply Ditch and Reservoir Company; 4) The Final Plat application shall include a landscaping plan for the lots which identifies the location, size and species of a street tree on each lot and a method of ensuring the successful planting of a tree on each lot; 5) The Final Plat include plans for a school bus loading area on the site. The applicant should consult with the school district concerning the appropriate location for this facility; 6) Construction plans for this project shall be signed by the County Engineer, Little Thompson Water District, Town of Berthoud and the Loveland Fire Prevention Bureau; 7) All construction costs shall be identified and included in a Subdivision Improvements Agreement. Acceptable collateral shall be provided to ensure the completion of all required improvements; 8) The following notes shall appear on the Final Plat: A) Engineered foundation plans shall be required for all construction on this site; B) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any single family dwelling on this site; C) Park Fees shall be paid when a building permit is issued for any single family dwelling on this site; D) A Street Waiver Fee shall be paid when building permits are issued for any single family dwelling on this site; E) Drainage Fees, if applicable, shall be paid when building permits are issued for any single family dwelling on this site; F) Prospective lot owners should be aware of the existing agricultural activities in this area. Agricultural uses often result in noise, odors, and/or dust that might not be compatible with residential uses. Larimer County will not take any action to stop or hinder legal agricultural uses of property in this area.

Mr. Burns addressed the road concerns noting that the applicant will be required to construct auxiliary road improvements at both locations, CR 17 and Campion Road; i.e., left turn lanes and construction of accel and decel lanes at both entrances to the project. However, Mr. Burns stated there is disagreement with the internal circulation and hopefully the applicant will agree to extend the road within the subdivision out to CR 17.

Dave Poeschel, of Landstar Surveying, addressed the Board stating that the applicant has agreed to all the conditions set forth by staff. Dirk Banks and Paul Humberson, adjacent property owners, expressed concerns regarding the contiguity waiver, existing agricultural uses in the area, redesigning of CR 17, and noted that the main arterial street is so large that the children are not allowed to cross it and will have to take the bus 2 1/2 blocks to school, and they think that comments from the City of Loveland should be reviewed before this proposal is approved. Discussion followed; Chair Duvall commented that, in her opinion, this proposal is stretching the concept of contiguity and therefore she cannot support it.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Church Subdivision (#93-SU0346).

Motion carried 2 - 1; Chair Duvall dissenting.

2. CDL PLANNED UNIT DEVELOPMENT (#94-MS0444): NE 1/4

21-06-68; SOUTH SIDE OF COUNTY ROAD 32, 1/2 MILE WEST

OF I-25; 150.51 ACRES; 40 LOTS; AP-AIRPORT ZONING (08-22-94)

This is a request for a Master Plan and Preliminary Phase Plan to divide 150 acres into 40 lots of 1.4 to 3.6 acres for single family residential use with 45 acres of open space proposed. Mr. Legg provided the project description and reviewed the major concerns and issues noting that staff has concerns relating to transportation in the area and stormwater management; he noted that the property will have public water and sewer. Staff Findings are 1) The proposed Planned Unit Development is consistent with the Larimer County Land Use Plan concerning use, density and design concept for development within the Rural Non-Farm area between Fort Collins and Loveland; 2) The proposed Planned Unit Development is consistent with the Planned Unit Development Resolution and the Comprehensive Zoning Resolution; 3) Approval of the proposed Planned United Development Master Plan and Preliminary Phase Plan, with the following conditions, will not result in a significant negative impact on surrounding properties, utility services, transportation facilities or the natural environment.

The Planning Commission/Staff recommendations are for approval of the CDL Subdivision Master Plan for 40 single family lots; and approval of the Preliminary Phase Plan, with eleven conditions.

Mr. Burns addressed the transportation concerns and recommended that the homeowners in this Planned Unit Development be required to pay road impact fees to help defray costs for future road improvements and he noted that a future right-of-way for access to the property to the south should also be provided by the developer. Mr. Legg also suggested a note recognizing agricultural uses in the area be placed on the Final Plat.

Ken Merritt, Landmark Planner, stated that the applicant will provide a traffic impact study and abide by all the recommendations of that study and, with regard to the imposition of road impact fees, they will do their fair share and whatever else is required of them. Mr. Merritt described the original proposal and reviewed the changes made to today's proposal, which was the applicant's attempt to address the concerns raised by staff at the time of Concept Technical Review.

Denise Praizler requested the Board deny this proposal as it is not "fitting" with the IGA, the density is too high (should be one home per five acres), it does not fit in with the Fossil Creek wildlife area, and has not received approval from the airport. She addressed the wildlife concern in detail and would like to have a wildlife management plan presented; she also would like to see a traffic impact plan, noting there are existing potholes on CR 32 and additional traffic will have a tremendous impact on this road and she also stated that this proposal should be denied until the Corridor Task Force study is completed. Mr. Merritt responded to Ms. Praizler's concerns and noted that one of the conditions to be met requires a management plan for the wetland areas and a final landscaping plan to be submitted with the Final Plat. Discussion followed; Chair Duvall expressed her concern about the cumulative effect of the traffic on CR 32, as each proposal is approved, and stated that the Board is being asked to vest rights to develop this property without complete information. Commissioner Hotchkiss stated that after visiting this site, he thinks this is the best use for this land if we believe in open space and separation--as the corner is going to be commercial, the land north is zoned commercial, and this proposal meets the criteria for approval. Commissioner Disney stated that, in his opinion, this proposal is not compatible with the surrounding land uses and it represents leap-frog development.

M O T I O N

Commissioner Disney moved that the Board deny the CDL Planned Unit Development (#94-MS0444).

Motion carried 2 - 1; Commissioner Hotchkiss dissenting.


3. VISTA BONITA 7TH FILING (#94-SU0443): SE 1/4 10-07-68; 3/4 OF A

MILE EAST OF I-25 AND 1/4 MILE NORTH OF COLORADO HIGHWAY

14; 7.87 ACRES; 26 LOTS; R1-RESIDENTIAL ZONING (8-23-94).

This is a request for Preliminary Plat approval to divide 7.87 acres into 26 lots ranging in size from 0.18 acres to 0.43 acres for single family residential use and for rezoning from R-1 to R-2 Residential. Mr. White reviewed the project description, noting this development is a natural progression of development of this property; however, he noted that the lots in this filing will be smaller than most of the previous six filings. Mr. White stated that the major issues are compatibility and access. The Staff Findings include: 1) The proposal is compatible with the surrounding neighborhood, and will not have a negative impact on property values in the area; 2) The proposal complies with the intent and purposes of the Comprehensive Zoning Resolution, County Land Use Plan, and Intergovernmental Agreements with the City of Fort Collins; 3) The proposal is consistent with the recommendations of review agencies and will comply with all technical requirements, if developed in accordance with the recommended conditions; 4) There will not be a negative impact on utilities, transportation network, transportation facilities, or drainage facilities and patterns.

The Staff/Urban Growth Area Review Board recommendation is for approval of the Preliminary Plat and for rezoning from R-1 to R-2 Residential, with the following conditions: 1) Except as modified by the following conditions, all development and use shall be consistent with the plans submitted for review; 2) Only single family dwellings shall be allowed; 3) Details of proposed street lighting shall be provided with Final Plat submittal; 4) Disclosure shall be made to all lot purchasers of the following: A) Property adjacent on the west is zoned M-Multiple Family; B) Streets in this development are public streets, and may provide access to future development in the area; 5) All utilities must be underground; 6) Final Plat shall include metes and bounds description of the open space easement; covenants shall describe the uses allowed and prohibited within this easement; 7) An erosion control plan shall be submitted with the Final Plat, which includes the recommendations of the Soil Conservation Service; 8) The following notes shall be included on the Final Plat: A) Camino del Mundo and Sierra Vista Drive are public streets and will likely provide access to other future development in the area; B) The property adjacent to Vista Bonita 7th Filing is zoned for multiple family development; C) There is a potential for nuisance wildlife conflicts, including destruction of landscaping by geese; D) A non-motorized public trail may be developed along Boxelder Creek, adjacent to lots 12- 21; E) No building may be constructed within the designated Open Space Easement on lots 12-21; covenants shall address homeowners responsibility for maintenance of the open space area behind each property, in coordination with the Division of Wildlife; F) A park fee must be paid at the time of building permit application; G) A storm drainage fee may be required to be paid at the time of building permit application; H) Engineered footings and foundation will be required for each residential structure; I) Design and construction of homes must include mitigation for radon; radon testing must be accomplished prior to issuance of a Certificate of Occupancy; J) Subdivision roads will not be maintained by Larimer County; covenants and plat shall provide for road maintenance by a homeowners' association; 9) Roads shall be designed and constructed in compliance with the Larimer County Urban Street Standards, and according to the requirements of the Larimer County Engineering Department; 10) Covenants shall include all of the plat notes listed in item #8 above, and also require installation of one street tree for each lot, at the time the lot is built upon; 11) If Final Plat is not recorded by August 22, 1997, Larimer County may consider revocation of this rezoning; 12) Developer shall sign a subdivision improvements agreement to guarantee completion of all required improvements, including roads, utilities, drainage, and erosion control during site development; 13) Assess the road at the beginning and end of development to determine which damage resulting from construction traffic; developer shall be responsible for paying for this damage; collateral shall be provided in the SIA for this purpose; 14) Submission of the plans for any further development must be accompanied by a Master Plan for the entire Fisher Ownership, as it now exists.

Rob Persichitte, Intermill Land Surveying, addressed the Board noting that the applicant is in agreement with the conditions as outlined. Harold Kennedy, adjacent property owner, supports the development but is concerned about the non-acceptance of the roads for maintenance by the county; Chair Duvall responded that the county does not have the resources to maintain these subdivision roads. Mr. Kennedy countered by asking for a commitment from the Board to accept these roads for maintenance in the future, if budgetary restraints are removed. Chair Duvall inquired as to why there wasn't a Master Plan for this whole area and noted that if there was an original Master Plan, the county might possibly assume maintenance responsibility. Mr. Fisher stated there was a Master Plan prepared in 1969 and he will submit it to staff. Mr. Kennedy stated he has been assured that the sewer and water will be acceptable for this area and he wondered if this is true; Mr. Blehm responded that the water and sewer will be provided by ELCO and the developer will be required to put the system in according to their standards. Mr. Kennedy expressed concern whether the existing streets will be able to withstand the weight of the constructions trucks and he suggested the developer put up enough money for the roads to be repaired if necessary; Mr. Burns responded that condition #13 relates to this concern. Mr. Kennedy advised the Board that the county has an opportunity to acquire some beautiful open space in this area. Mr. Burns addressed the access concerns.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Urban Growth Area Review Board Recommendation and approve the Vista Bonita 7th Filing, with conditions as amended.

Motion carried 3 - 0.

4. DISCUSSION REGARDING BOARD OF ADJUSTMENT WITH HANK PEDERSEN: Mr. Pedersen described the concern the Planning Commission has with the Board of Adjustment (BOA), emphasizing that the Planning Commission has no objections to the members of this Board, just that the Board of County Commissioners has authorized the Board too much power and authority. Mr. Pedersen stated that state statute outlines how a BOA is created and what authority it has - that authority is limited by statute and the Board of County Commissioners can grant or restrict the authority of the BOA. Mr. Pedersen stated that upon examining the statute, it appears the Board of County Commissioners has gone beyond what statute allows and has allowed the BOA to interpret the zoning resolution and authorized them to extend non-conforming uses.

Mr. Pedersen submitted a proposed Amendment to the Larimer County Comprehensive Zoning Resolution, prepared by himself and the Planning Commission Chairman Steve Johnson; this proposed amendment to Section 30.0 outlines the organization, meetings and procedure, jurisdiction, appeals, standards and findings and criteria for the Board of Adjustment. Mr. Pedersen stated that the Planning Commission recommends that the BOA be given a clear definition of what it can do--the Commission would like ambivalence eliminated; the BOA should not be able to go around the Planning Commission and Board of County Commissioners--they are to listen to appeals.

Commissioner Hotchkiss agreed with Mr. Pedersen but defended the Board of Adjustment and asked whose responsibility is it to define the duties to the BOA and keep them within their perimeters--obviously, it is the staff; he noted that it was never intended that a person could go to the BOA prior to going before the Planning Commission and Board of Commissioners. The Board directed Ms. Haag to review the proposed amendment and make suggestions to define the role and authority of the BOA; the Board expressed confidence that this matter can be resolved by legal counsel and staff.

The meeting recessed at 11:40 a.m.

ABATEMENT HEARING REGARDING PTARMIGAN

The Board of County Commissioners reconvened at 1:30 p.m. to consider a petition for abatement of taxes. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Carla Woodard-Cowling, Senior Appraiser, and Bernie Orth, Personal Property Appraiser. Recording Clerk, S. Graves.

As the petitioner nor his representative appeared for today's hearing, and the Assessor's Office recommended denial of the petition for abatement of personal property taxes for Ptarmigan Golf, at 5412 Vardon Way, Fort Collins, CO., the following action was taken:

M O T I O N

Commissioner Disney moved that the Board deny the Petition for Abatement for Ptarmigan Golf, Schedule No. 8062048, as recommended by the Assessor's Office.

Motion carried 3 - 0.

The meeting recessed at 1:40 p.m.

EMPLOYMENT & TRAINING SERVICES QUARTERLY MEETING

(#106)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session with Joni Friedman, Interim Director of ETS. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Jean Thomas, Private Industry Council Chair; Lew Wymisner, Enterprise Zone Administrator; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Private Industry Council Update: Ms. Thomas reported that the name of the Business Expo has been changed to September Symposium and will be held this year on September 16 from 8 a.m. until noon; she invited the Board to attend the Symposium and if they do attend, Mr. Wymisner asked if they would introduce some of the speakers for the workshops. Ms. Thomas submitted a brochure describing the workshops and a listing of nine Employers' Roundtable Seminars to be held throughout the year. Ms. Thomas informed the Board that Mr. Wymisner is spearheading the 5th Annual Colorado Job Training Conference in Snowmass Village on September 28-30, 1994, and she extended an invitation to the Board to also attend this Conference.

Ms. Thomas noted that this past month at their PIC Meeting, recognition awards were presented to Dorothy Hull and Debra Anderson of Front Range Community College. In August, the Estes Park Holiday Inn Manager Mark Roske was recognized for his work putting together a program for seniors to work in hotel related occupations. This program was so successful that Holiday Inn is considering making it a national model at other sites around the country.

2. Interim Director's Report: Ms. Friedman reported that Federal funding was received for opening a new Dislocated Worker Center, which will enable ETS to expand services offered to dislocated workers; she noted that this funding was provided for only five centers in the State and Larimer County was chosen as one of them. Ms. Friedman stated that their program year ended June 30, 1994 and they had a very good year as they met all their performance standards; she enumerated the numbers of older workers, dislocated workers, adult disadvantaged and youth enrolled in their various programs and their placement rate; she expressed appreciation to the excellent staff at ETS.

There was mention of the possibility of the Veterans Service Office moving to the ETS building as the State Veterans Office and Employment Offices are located there; the relocation would facilitate customer services for the veterans. Ms. Friedman expressed willingness to explore this idea and would like Diana Stevens, Veteran Services Officer, included in the decision making process.

3. Enterprise Zone Update: Mr. Wymisner reported on a committee meeting he attended last week with Frank Bruno, City of Fort Collins Economic Development Director, representatives from the Department of Local Affairs, and others regarding enterprise zone amendments. The same presentation given to the Board of County Commissioners previously was made to the committee and they expressed many of the same concerns as the Board regarding Enterprise Zone legislation. Mr. Wymisner stated that the committee was informed that the Board of County Commissioners and the Cities of Fort Collins and Loveland are more interested in giving assistance to existing businesses rather than recruiting new business. Mr. Wymisner indicated that the Fort Collins Enterprise Zone will be amended, but no decision has been made yet. Mr. Kaltenberger of the Department of Local Affairs would like to have lunch with the Board to discuss this matter further. Mr. Wymisner noted that the state may, through the State Legislature, place a moratorium on amendments while they are reviewing Enterprise Zone criteria. Mr. Wymisner also reported on a new piece of legislation which allows for tax credits through contributions to the Enterprise Zone, to assist the homeless obtain jobs through specific entities. Mr. Wymisner stated he will be meeting tomorrow with the Overall Economic Development Planning Committee to start the transition to an advisory body for economic development to the Board of County Commissioners.

4. Discussion of Appointment of ETS Director:

M O T I O N

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

Motion carried 3 - 0.

The meeting adjourned at 3:30 p.m.; no action taken.

TUESDAY, AUGUST 23, 1994

PUBLIC HEARING TO AMEND COUNTY BUDGET

(#106 @ 2700)

The Board of County Commissioners met at 2:00 p.m. for a public hearing to amend the county budget with Bob Keister, Budget Manager. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present; Chair Duvall was attending TEAM Fort Collins all day training in Denver. Also present was Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

Mr. Keister presented to the Board the Notice and Resolution to Transfer Funds and Amend the Budget for 1994 and requested approval and the Chair Pro-Tem's signature. Mr. Keister noted this Resolution was published in its entirety in the newspaper and today's hearing was duly advertised. Mr. Keister stated that all revisions in the Resolution are items which have been previously discussed and authorized by the Board of County Commissioners.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Notice and Resolution to Transfer Funds and Amend the Budget for the Calendar Year 1994, as prepared and presented by Mr. Keister, Budget Manager, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

R94-104g NOTICE AND RESOLUTION TO TRANSFER AND AMEND

BUDGET

The meeting adjourned at 2:15 p.m.

WEDNESDAY, AUGUST 24, 1994

ADMINISTRATIVE MATTERS

(#107)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, Interim County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Recording Clerk, S. Graves.

1. WORKSESSION:

-- Mr. Lancaster submitted a tentative schedule of dates and times for "County Seat for a Day" and requested input from the Board, noting that the plan was to schedule one of these meetings quarterly. After reviewing the schedule, the Board suggested that Timnath, LaPorte/Bellvue, Poudre Park, and Pinewood Springs also be added to the schedule; consequently, a meeting will be scheduled every other month.

-- Mr. Lancaster informed the Board he approved a sole source purchase for Engineering; he noted that during construction of a bridge up north, they ran into an abandoned oil line and had to get special assistance to resolve the problem.

-- Mr. Lancaster noted that the Board received an invitation to attend a Chamber of Commerce Legislative Local Affairs Committee meeting this Friday, August 26, at 8 a.m. to discuss growth issues and planned growth in the area and he wondered if anyone would like to go to represent the County; Commissioner Hotchkiss stated he will attend.

-- Mr. Lancaster asked if the Board had other items to be added to tomorrow's agenda at the Cabinet Meeting; as of now, the only item on the agenda is discussion of the appointment of County Administrator. Commissioner Disney indicated he would like to discuss the Windsor annexation and Chair Duvall suggested asking the Cabinet their opinion about the Board meeting with staff ahead of time to discuss issues in detail regarding some of the more complicated land use issues which come before the Board.

2. COMMISSIONER'S REPORTS:

-- Commissioner Hotchkiss reported that the head feature writer for the Denver Post, Alan Katlon, would like to do a feature story on the growth problem in Windsor and how some communities want to grow and some don't want to grow; Commissioner Hotchkiss stated that Mr. Katlon will be calling Mr. Lancaster to set up a time to meet with the Board and other interested parties to discuss this subject.

-- Commissioner Disney noted that he, along with Rex Smith, Director of Public Works, and Berthoud Town Administrator Anna Lanahan, will attend a meeting this afternoon with Micki Hackenberger of CCI to discuss the Highway 287 bypass around Berthoud.

-- Chair Duvall asked about follow-up regarding the discussion the Board had with Hank Pedersen on Monday concerning the Board of Adjustment; Mr. Lancaster noted he is following up on this with staff and legal counsel.

-- Chair Duvall reported that all the interviews have been conducted for the Planning Commission and the LaPorte Planning Advisory Committee and she asked the Board when they would like to meet to discuss the applicants and make the appointments; it was decided to have this discussion when this meeting is finished.

3. 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 week of August 15, 1994 and the Agenda for the week of August 29, 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: Parker, Artisan Pattern, Thrush, Waid, Marsh, Nelson, Madson, Hedgecock, Hall, Farris (3), Ray, Martin, Cottonwood Estates, Steward, Major Enterprises, Chenot, and Baskins.

Motion carried 3 - 0.


M O T I O N

Commissioner Hotchkiss moved that the Board approve the Larimer County Community Corrections Department Bylaws Revision.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued for the Jammer Lounge - 6% WITH EXTENDED HOURS - Loveland, CO.; and for Sparks General Store - 3.2% - Fort Collins, CO. County approval was granted to Larry's Southwest Liquor - 6% - Fort Collins, CO. and the Bohemian Cottage Restaurant - 6% - Loveland, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

C94-52 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CONNELL RESOURCES, INC.

(Paving of CR 23 from Dixon Canyon Dam to CR 25G -

Project #149/150)

D94-27 DEED OF DEDICATION BY CARL T. SPINA AND KAREN U.

SPINA, AKA KAREN U. CUSHMAN (Spina Project #195)

Motion carried 3 - 0.

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

1. Liquor License Renewals: Mr. Hass discussed with the Board in more detail his memo of August 1, 1994 regarding liquor license renewals. The Colorado Court of Appeals recently announced that statute does not provide sufficient standards upon which to refuse a liquor license renewal for "good cause"; therefore, the Board is not permitted to revisit the issue whether or not a license should be continued at renewal time. Mr. Hass stated that the only issue at renewal time is whether there is a technicality or procedural reason why the license should not be renewed. However, at any time, the Board may initiate and schedule a revocation hearing to discuss a violation of the liquor code.

2. Discussion of Land Use Issues: With regard to questions raised by the Board to Mr. Hass in a memo dated August 12, 1994 regarding land use issues, Mr. Hass will research the questions in detail and prepare a written response for the Board.



M O T I O N

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

Motion carried 3 - 0.

The Board came out of Executive Session at 11:25 a.m. and took the following action:

M O T I O N

Commissioner Hotchkiss moved that the Board make the following appointments to the Larimer County Planning Commission: Raymond Wendell Amos and Linda Stanley, each for a four-year term ending June 30, 1998; Vern Sunset and Steve Johnson, each for a three-year term ending June 30, 1997; and Kay Carter of Berthoud and Richard Eversole as Associate Members, each for a one-year term ending June 30, 1995.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Karen Schneller McDonald and Audrey-Lyn Stockton to the LaPorte Planning Advisory Committee, each for a three-year term ending June 30, 1997.

Motion carried 3 - 0.

The meeting recessed at 11:25 a.m.

PLANNING WORKSESSION WITH JOHN BARNETT

(#108 & #107 @ 3800)

The Board of County Commissioners reconvened at 1:30 p.m. for a planning worksession with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Russ Legg, Senior Planner; Jill Bennett, Comprehensive Planner; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

Lengthy discussion ensued regarding the creation of a Chief Planner position in the Planning Department to handle the day-to-day logistical details for land use and development review in an attempt to partially alleviate the existing workload management problem; no decision was made at this time by the Board on this matter.

Much discussion followed regarding the possibility of scheduling a worksession on Friday mornings to discuss in detail the items to be presented the following Monday morning during the Planning Meeting. Commissioner Hotchkiss expressed his concern this would result in two duplicate meetings. Mr. Legg suggested that having a worksession with the Board might be beneficial at Concept Technical Review, and it was recommended that the Planning Commission and representatives from Public Works, Health and Human Services, and the Sheriff's Department also be included in these worksessions. It was agreed by everyone that a resolution should be formally adopted listing criteria and goals and encompassing the Board's policy and philosophical thinking in order for staff to have a better understanding of what the Board's final decision will be at the time of public hearing.

At the closing of the meeting, Chair Duvall directed Mr. Barnett to provide a breakdown for the Board of how the $80,000 which has been authorized for the Planning Department has been spent; and she asked Mr. Lancaster to schedule a meeting with the Planning Commission, Planning Staff, and the Board to discuss planning issues at length.

The meeting adjourned at 3:40 p.m.


______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



_______________________________________

Sherry E. Graves, Deputy County Clerk


August 22, 1994