> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 13, 1995

SUBDIVISIONS

(#232, #233, #234 & #235)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Jill Bennett, Comprehensive Planner; Al Kadera, Subdivision Administrator, Richael Michels, Planner; Jerry White, Zoning Administrator; Russ Legg, Chief Planner; Rex Smith, Director of Public Works; Harry Lynam, Engineering; Jerry Blehm, Director of Environmental Health; Ed Brown, Environmental Health; Janelle Henderson, Natural Resources Director; Frank Lancaster, County Manager; and Mike Abrams, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney 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. SPRINGFIELD COURT PUD PRELIMINARY PHASE PLAN EXTENSION

(#93-MS0285): NE 1/4, 33-07-69; WEST SIDE OF TAFT HILL ROAD

(COUNTY ROAD 19), 1/4 MILE SOUTH OF HORSETOOTH ROAD

(COUNTY ROAD 40); 4.2 ACRES; 2 LOTS; C-COMMERCIAL ZONING

This is a request for a time extension for the Preliminary Phase Plan. Staff Findings include: 1) The Preliminary Phase Plan for Springfield Court PUD was approved on February 28, 1994; 2) The applicant is applying for tax credits for the project and needs additional time for the application process; 3) No objections have been stated by the Engineering and Health Departments; 4) There have been no changes in the surrounding area that would negatively impact the project or its approval. The Staff Recommendation is for approval of a one-year time extension of the Preliminary Phase Plan of Springfield Court PUD to February 28, 1996.

2. SARA LANE STREET NAME CHANGE (#95-OSO648): 21 & 28-09-71;

SOUTH OF COUNTY ROAD 74E, EAST OF GLACIER VIEW MEADOWS;

O-OPEN ZONING (03-13-95)

This is a request to name an unnamed road in a 35-acre development. Staff Findings are: 1) A large area of 35-acre parcels was created east of Glacier View Meadows; some of the roads in the area were not named; 2) Leaving roads unnamed can create problems if there is an emergency. The proposed road name was referred to emergency service providers and utility providers in the area and there were no objections to the proposed road name; 3) The County Health and Engineering Departments reviewed the proposed road name and stated no objections. The Staff Recommendation is for approval of the proposed road name Sara Lane.

3. JURS MINOR RESIDENTIAL DEVELOPMENT (#94-EX0580): NE 1/4,

26-04-69; NORTHWEST CORNER OF COUNTY ROAD 4E AND COUNTY

ROAD 15; 160 ACRES; 2 LOTS; FA-1 FARMING ZONING (03-13-95)

This is a request to divide 160 acres into 2 parcels of 155 acres and 5 acres for a single family dwelling with one existing single family dwelling. Staff Findings include: 1) The proposed Jurs MRD meets the criteria established for Minor Residential Developments and the zoning minimum lot size requirements for the FA-1 Farming District. The request appears to be consistent with the Larimer County Comprehensive Plan and with existing development in the area; 2) The Town of Berthoud states that the proposal complies with the Berthoud Land Use Plan and densities for the area; the Town recommends approval; 3) This property is in an agricultural area and access is via a dirt county road. Conflicts between residential uses and agricultural uses are possible, as are complaints about dust from the county road; 4) The Colorado Geological Survey states no geology-related objections to this development proposal; 5) Approval of the proposed Jurs MRD, with certain conditions, should not result in any significant impacts on adjacent properties, the natural environment, or on the provision of services and transportation.

The Staff Recommendation is for approval of the Jurs MRD, with the following conditions: 1) The applicant must comply with the requirements of the Little Thompson Water District regarding payment of system impact fees, tap fees, hydrant fees and water line extensions, as contained in the District's letter dated February 9, 1995. Installation of required improvements is the responsibility of the developer; 2) The Final Plat shall note that an engineered septic system may be required for Lot 2; the Final Plat shall indicate the areas where septic systems can be installed (those areas meeting setbacks from the river and from irrigation ditches, if any); 3) Access for these lots shall be at the easternmost location as proposed on the submitted sketch plan. A 40' access and utility easement shall be platted. An access permit shall be required; evidence that adequate sight distance is available at that location must be submitted. The access road must be constructed to the specifications of the Berthoud Fire Protection District; plans must be approved and signed by the Fire District and County Engineering prior to recording the Final Plat. If construction will take place prior to recording the Final Plat, as-built plans and a letter of substantial compliance must be submitted. The County Engineering Department must approve the road improvements prior to recording the Final Plat; 4) The Final Plat shall show the 100 and 500 year floodplain boundaries and note restrictions on building within those areas. The Plat shall also note the possibility of agricultural drain tiles in the area and that care should be taken not to damage these tiles during construction on this site; 5) Fire protection, as required by the Berthoud Fire Protection District, shall be provided by this developer. Installation of fire hydrants and water lines should be coordinated with the Little Thompson Water District and the Fire District. Access roads must be completed and approved by County Engineering and the Fire District prior to any combustible construction on this site; fire hydrants must be installed, tested and accepted by the Fire District prior to combustible construction; 6) The developer shall submit a Subdivision Improvements Agreement and appropriate collateral for all required improvements (access road, water line extension, fire hydrant) prior to recording the Final Plat. If this developer chooses to complete improvements prior to recording the Final Plat, then all improvements shall be completed and approved prior to recording; 7) Thompson R2-J school fees of $8 shall be paid prior to recording the Final Plat; 8) The developer is responsible for paying recording fees for the Final Plat and any documents recorded with that Plat; 9) In addition to notes stated elsewhere, the Final Plat shall contain the following notes: a) There are existing agricultural uses in this area which may result in noise, odors and dust. Prospective owners should be aware that Larimer County will not take any action to stop or hinder legal agricultural uses of property in this area; b) County Road 4E is a dirt/gravel road. Traffic on this road may create a dust nuisance for residences in the area; c) Engineered footings and foundations will be required for all construction on this site; d) Underground utilities are required; e) A radon test shall be conducted in all new residences after structure is enclosed, but prior to issuance of the Certificate of Occupancy. Test results must be submitted to the Planning Department; f) The Larimer County Parks Comprehensive Master Plan proposes a regional trail corridor along the Little Thompson River. Prospective owners should be aware that there is the possibility of a future regional trail system in this area; g) Larimer County Park fees must be paid at building permit issuance for new residential structures; h) The Section 2.8 Road Fee for Lot 2 is $3,561.28 to be paid at building permit issuance for the residence on that lot; 10) All conditions shall be met and the Plat recorded prior to September 14, 1995, or this approval shall be null and void.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Springfield Court PUD Preliminary Phase Plan Extension (#94-MS0285); Sara Lane Street Name Change (#95-OSO648); and the Jurs Minor Residential Development (#94-EX0580); each, with the conditions as outlined.

Motion carried 3 - 0.

4. LARIMER COUNTY LANDFILL EXPANSION SPECIAL REVIEW

(#94-ZR0429): 09-06-69, 1 1/2 MILES SOUTH OF HARMONY ROAD

ON TAFT HILL ROAD; 320 ACRES; I-1, HEAVY INDUSTRIAL ZONING

(03-13-95)

This is a request for Special Review for vertical expansion of the existing county landfill, to allow an area at the landfill for resale of usable items, and for modification of the existing Certificate of Designation. Ms. Michels reviewed the history of the landfill, the project description, and the major concerns and issues. Staff Findings are: 1) This proposed expansion of the Larimer County Landfill will allow the Landfill to operate for an additional seven to eight years, meeting the waste disposal needs for all of Larimer County at the least cost to taxpayers; 2) The Larimer County Health Department and the Colorado Department of Health have reviewed this proposal and have not stated any objections to it; 3) This proposal is in compliance with fire and safety standards and with the Larimer County Comprehensive Master Plan and Zoning Resolution; 4) The proposed resale area would provide a method to reduce the waste system, provide low cost products to Larimer County citizens, provide employment to at-risk youth, and provide a revenue source to the Solid Waste system; 5) Approval of the Landfill expansion, resale area, and revised Certificate of Designation is in the best interests of the citizens of Larimer County and the Board of County Commissioners.

The Staff/Planning Commission Recommendations are for: A) Approval of the revised Certificate of Designation for the Larimer County Landfill; B) Approval of the Special Review to allow a resale area to be operated at the Larimer County Landfill in conjunction with Landfill operations as specified in the application materials; C) Approval of the waiver from current County policy to allow the sale of the items in the resale area without direct control by the Property Manager in the Purchasing Department; and D) Approval of the vertical expansion of the Larimer County Landfill and the associated borrow excavation area, with the following conditions: 1) Prior to scheduling the Board of County Commissioner's hearing on this matter, the following issues must be resolved: a) A letter should be submitted from the Army Corps of Engineering stating that there are no issues with wetlands in the borrow area; b) A letter should be submitted from the Larimer County Drainage Administrator stating that the drainage plans, as submitted, are acceptable; c) Clarification of who will be responsible for prairie dog control after the Landfill has been closed; d) Water quality and wetlands impacts will be discussed with the City of Fort Collins' Stormwater Utility and Natural Resources Department; 2) Any berms that are to be in place for longer than one growing season should be seeded with a mixture of native grasses to help prevent wind erosion; 3) Landscaping along Taft Hill Road must be installed during the 1994 growing season prior to beginning excavations in the borrow area; 4) Landscaping must be properly maintained with water for at least two growing seasons. Dead vegetation must be replaced during the current growing season; 5) Reseeding in all areas must be done with a grass mix that is consistent with the native grasses found on the Cathy Fromme Prairie; 6) The borrow area must be reclaimed with native grasses and not left as exposed bedrock; 7) After the Landfill has been closed, the County will take action to insure that the property will remain as open space, except for the recycling center, hazardous waste area, and the shooting range; 8) The County will rezone the property to FA-1 Farming or to other non-industrial zoning district when the Landfill operations cease; 9) Any future use of this property, other than for the existing MRF and shooting range, with any previously approved expansion plans and open space as part of the Cathy Fromme Natural Area, is subject to Special Review approval; 10) The berming on the west side will be improved to minimize the visual impact to the neighbors. Ms. Henderson noted she is in agreement with the conditions as outlined.

At this time, the hearing was opened for public comment. The following adjacent property owners addressed the Board with their concerns: Ed Paulesak, Jerry Wallace, Denise Praizler, Kelly Ohlson, Suzanne Rice, and one unidentified gentleman; in addition to citing their concerns, they made several requests and asked for clarification regarding several matters. They requested extension of the berming to the west to hide the resale area, monitoring and testing of their wells, clarification about the future closing and reclamation of the landfill and who will be responsible for the planting during the reclamation and the success of the plantings, and they requested that the resale area be more accessible to the public. They expressed concern regarding the contamination of the groundwater in this area and asked for the test results to be made available for their review. Complaints were made about safety and the close proximity of the shooting range to the residents in the area. Ms. Henderson responded to the concerns and questions, noting that the shooting range is under the jurisdiction of the Parks Department; she stated she would be happy to accommodate the request to close the landfill on Sundays, but felt the general public would object. Ms. Henderson noted that the berm is located where the Planning Commission instructed her to place it, and in response to the comment that the resale area is expanding, she noted that a chain link fence extends around the circumference of the resale area and has not been expanded. With regard to the accessibility of the resale area, she was also instructed as to its location so it would not be visible from the road. There was much discussion about the groundwater contamination; Ms. Henderson noted that current aquifer contamination is only 5 feet deep, while adjacent wells are 400-800 feet deep; she also stated to the neighbors that she would be happy to have their wells tested and also informed them that the test results performed since 1984 have always been available to the public for review. Ms. Henderson noted for the record that the existing recycling facility will not become part of the Cathy Fromme Prairie when the landfill is reclaimed, and noted that the owners and operators of the landfill will be responsible for maintaining the reclaimed area of the landfill for thirty years. Robert Tyre, Engineer, reported that he conducted tests on Mr. Paulesak's well and found that hydrogen sulfide was present; Ms. Henderson responded that hydrogen sulfide is not toxic.

At this time, the public comment portion of the hearing was closed and discussion among the Board followed. Commissioner Clarke expressed concern about what the neighbors are finding in their wells and recommends they be tested and he noted that by approving this request, it will provide an opportunity for continued work in the area; he requested an inquiry be done to determine the cause of concern regarding the shooting range, and he recommended that the berming be improved. Commissioner Duvall also expressed concern about the chemicals showing up in the neighbor's water and she too requested more testing be done on the wells to learn the facts; she also is concerned about the stray bullets from the rifle range and stated that if this request is approved, she wants to add additional conditions to mitigate the concerns raised today. Also, Commissioner Duvall expressed her resentment of persons building on 35-acre tracts without going through county review, and then subsequently coming in to complain about a landfill which existed previous to the building of their homes. Mr. Barnett stated that the concerns about the rifle range are issues independent of the landfill and should be dealt with in a future meeting with the Parks Department. Ms. Henderson responded to questions from Chair Disney about the cost for extending the berming to the west, noting that the cost will be minimal.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and the Staff/Planning Commission Recommendations and approve the Larimer County Landfill Expansion Special Review (#94-ZR0429), with the conditions as amended.

Motion carried 3 - 0.

5. TRAPPER'S POINT 2ND FILING (#93-SU0381): W 1/2, 02-07-68; EAST

SIDE OF COUNTY ROAD 5 AND 1/2 MILE NORTH OF COUNTY ROAD

48; 103.78 ACRES; 19 LOTS; FA-1 FARMING ZONING (03-13-95)

This is a request to divide 103.78 acres into 19 lots for single family dwellings (2 existing) ranging in size from 2.3 acres to 17.8 acres with 23 acres open space; this matter was previously reviewed as Trapper's Lake, Lac Hyatt, and Trost MRD. Mr. Kadera provided the site description and reviewed the major concerns and issues; he noted that this project does not include a large amount of open space because the lots proposed are large. Staff Findings include: 1) The proposed Trappers Point Second Filing is consistent with the existing zoning of the site and with existing development in the area; 2) Particular attention must be paid to wetland protection and the citing of septic systems on this property, but these factors should not prevent development of the site; 3) This project will result in impacts on the county roads in this area. This applicant should b e responsible for mitigating any potential complaints concerning dust on County Road 5 north of the access to this subdivision; 4) Adequate utility service and fire protection are available to this site; 5) Approval of the Preliminary Plat for Trappers Point Second Filing, with ten conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment. Mr. Kadera noted that the Planning Commission recommended denial of this request; the Staff Recommendation is for approval of the Preliminary Plat for Trapper's Point Second Filing, with ten amended conditions. Chair Disney queried why public sewer was required in 1986 when the First Filing was approved and now septic systems are acceptable; Mr. Kadera responded that as the density of the lots was reduced from 113 to 19, the siting criteria of the soil conditions allow the use of septic systems. Commissioner Disney also asked why an off-site road fee is not being required for this project; Mr. Lynam responded that when a developer agrees to do extensive road improvements, such as in this case, the fees are waived.

Jim Martell, attorney representing the applicant, addressed the Board and noted that the developer has worked diligently with the staff to resolve their concerns and is in agreement with the conditions as recommended. Mr. Martell presented a map indicating the development which has been approved and has occurred in this area; he noted this project is consistent with the zoning in the area and meets the subdivision regulations and county requirements for septic systems. Mr. Martell stated that the law is clear that if a proposal is consistent with the zoning and subdivision regulations, the courts have said that the county does not have the discretion to deny the request, even if the proposal is inconsistent with the land use plan.

At this time, the hearing was opened for public comment: Kelly Ohlson stated that this issue is a case study of all that is wrong with planning in Larimer County; he reminded the Board that the Planning Commission had a number of concerns about this proposal and by a strong majority voted against this development for a number of concerns. For the record, Mr. Ohlson recommended that in the future the list of concerns and reasons that the Planning Commission recommends denial of a proposal should be included as a part of the staff report. Denise Praizler expressed concern about clarification and specifics of zoning in the area; she is disturbed about the wetlands and suggested an inventory be conducted to determine the types of existing wildlife in the area, etc. Dana Leininger, adjacent property owner, expressed concern about the septic system and wondered if it will drain into the irrigation ditch; she is also concerned about the wetlands and about the future use of Lot 17 since it has been designated an unbuildable lot. Jim Martell responded to these concerns and noted that the irrigation ditches will be underground or concrete lined; with regard to the wetlands, the developer has no objection to the county selecting a wetlands advisor, at the developer's expense, and he will do whatever the study recommends. Mr. Martell stated that the lake is the designated open space; it will be transferred to the Homeowner's Association and will be for private use by the residents of this subdivision exclusively.

At this time, the public comment portion of the hearing was closed and opened for Commissioners' comments. Commissioner Duvall noted that the county has made some mistakes in the past in this area and she questions the wisdom of following mistakes with more mistakes; she stated that a lot of these properties are ahead of the county's ability to provide services and that is her definition of leapfrog development and she also shares the concerns of the wetlands and open space. Commissioner Clarke agrees with the density proposed and, in his opinion, it doesn't make sense to extend public sewer to this density. With regard to open space, he thinks that lakes make wonderful open space and, in this case, private open space makes sense. Commissioner Clarke further noted that the developer has agreed to pay more than his fair share for road maintenance; he thinks this project makes sense and should be approved. Chair Disney stated that he disagrees with calling a lake open space, as you cannot build on a lake; he noted there are too many unanswered questions about this proposal--he is concerned about the future use of Lot 17 and thinks it should be declared open space rather than an unbuildable lot. Commissioner Duvall added that the county is being asked to vest rights, and the questions raised today with regard to Lot 17, open space, riparian areas, wetland areas, etc., have not been answered satisfactorily to vest rights.

M O T I O N

Commissioner Duvall moved that the Board adopt the recommendation of the Planning Commission and deny the Trapper's Point 2nd Filing because of too many unresolved issues and unanswered questions.

Commissioner Clarke stated that the county needs to have a better policy in terms of dealing with proposals such as this one; however, those documents and regulations are not in place right now. In the meantime, there are zoning and development regulations in place that deal with requests like Trapper's Point and he thinks it is workable; he also noted that, in his opinion, 5 1/2 acre lots are not considered urban sprawl.

M O T I O N

Commissioner Clarke moved that the Board table the Trapper's Point 2nd Filing until May 8, 1995 to allow time for the developer to address the concerns relating to Lot 17, to submit a specific wetlands mitigation plan, and to address the question of open space permanent protection.

Motion carried 2 - 1; Commissioner Duvall dissenting.

At this time, Chair Disney left the meeting to attend a hearing in Denver, Colorado.

6. RADER HORSE AND HORSE BARN VIOLATIONS (#94-ZV0546):

Mr. Legg reported to the Board that the Rader Horse and Barn Violation has been resolved and, therefore, withdrawn from today's agenda.

7. REQUEST FOR APPROVAL OF THE FINDINGS AND RESOLUTION

MODIFYING CONDITIONS OF APPROVAL OF VISTA VIEW

ESTATES PLANNED UNIT DEVELOPMENT

Mr. Legg submitted the Findings and Resolution Modifying the Conditions of Approval of Vista View Estates Planned Unit Development and stated that Mike Schultz, attorney for several of the Horseshoe View Estates Subdivision residents, after review of the proposed Findings and Resolution, has suggested four additional revisions; those revisions to the conditions were discussed and modified and, with the exception of condition #8h, concerning the opposition's right to voice their objections to the Final Plat and Final PUD compliance with conditions, were agreed to by both the developer and the neighbors.

M O T I O N

Commissioner Duvall moved that the Board adopt the Findings and Resolution modifying the conditions of approval of Vista View Estates Planned Unit Development, as amended.

Motion carried 2 - 0.

At this time, the Findings and Resolution Approving the (Revised) Master Plan, Preliminary Phase Plan, and the Rezoning of Vista View Estates Planned Unit Development, as approved by the Board and signed by the Chair Pro-Tem on January 5, 1995, was submitted for further discussion of the objections raised by several residents of the Horseshoe View Estates Subdivision. Mr. Schultz submitted a six-page letter listing the objections covering: 1) The inadequacy of the notes/conditions shown on the Final Plat; 2) The inadequacy of the restrictive covenants; 3) The failure of the County to provide adequate notice and to consider a Final PUD Plan; and, 4) The failure to require collateral for all public improvements within the subdivision.

After discussion of the proposed revisions for two hours, and only covering one and one/half pages of the aforementioned six-page letter, it was suggested that even if all the revisions were eventually agreed to by the neighbors and the developer, there would not be a finalized document for the Board to approve at the end of the meeting. Therefore, it was suggested that Mr. Clark, Mr. Schultz, and Mr. Barnett meet tomorrow and try to come to some agreement on the conditions so there will be a document to bring to the Board for approval. Mr. Schultz requested that Ms. Kuhlman also attend the meeting; the developer agreed, and he also will be allowed to bring an additional participant to the meeting.

M O T I O N

Commissioner Duvall moved that the Board continue the review of the Findings and Resolution for Vista View Estates PUD until 9:30 a.m. during Administrative Matters on Wednesday, March 15, 1995.

Motion carried 2 - 0.

The meeting adjourned at 2:00 p.m.

WEDNESDAY, MARCH 15, 1995

ADMINISTRATIVE MATTERS

(#237 & #238)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Bob Grewell, Director of Finance; Starr Quam, Financial Reporter; John Barnett, Director of Planning; Russ Legg, Chief Planner; Sam Symanski and Joannie Schlueter, Human Development Administrative Staff; Ginny Riley, Director of Human Development; Wayne Buhlig, Weatherization Director; Shari Olson, Chair Human Resources Committee; Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD FOR COMPREHENSIVE ANNUAL FINANCIAL REPORT - 1993: Chair Disney presented the Certificate of Achievement for Excellence in Financial Reporting Award for Comprehensive Annual Financial Reporting for 1993 to Starr Quam, representing the Finance Department; Mr. Grewell noted this is the twelfth consecutive year the County has received this award.

2. UPDATE ON VISTA VIEW SUBDIVISION: Mr. Barnett reported that following a lengthy worksession yesterday with the developer and opponents of the Vista View Subdivision, the majority of the issues were resolved; however, he requested that the public hearing on this item be continued on Monday, March 20, 1995 after the regular planning meeting at 9:00 a.m.

3. COLORADO ROCKIES REGIONAL COOPERATIVE: Mr. Barnett introduced Howard Alden, Partnership Coordinator for the Colorado Rockies Regional Cooperative (CORRC), an organization composed of local, county, state, federal, university and private agencies throughout the five county area in north central Colorado. Mr. Alden explained that the purpose of the CORRC Program is to develop and share information related to current and future land and resource use, biodiversity, and ecosystem management in north central Colorado. Mr. Alden described the CORRC at great length and requested a pledge from the county, noting that most of the participants of CORRC have made an annual pledge of between $3,000 and $5,000 for three years, subject to annual review; he noted that the value of the product is going to far exceed the donation. The Board indicated their support of the program; however, before making a commitment, Commissioner Clarke requested a listing of the amounts the other entities have contributed to CORRC. Mr. Barnett will obtain this information and report back to the Board.

4. HUMAN RESOURCE FUNDING ALLOCATIONS: Ms. Szymanski submitted the 1995 Human Resource Committee Allocation Recommendations and requested Board approval; she noted that some new programs are proposed for funding this year and also the type of transportation service being proposed is new this year. Ms. Szymanski reviewed the Human Resource Funding Program for the Board, noting it began in 1991 and is a joint project between Larimer County and the Cities of Fort Collins and Loveland and will provide funding of over $500,000 for 33 agencies this year.

M O T I O N

Commissioner Duvall moved that the Board approve the 1995 Human Resource Funding Allocations, as recommended by the Human Resource Committee.

Motion carried 3 - 0.

Ms. Szymanski also submitted an Agreement with the City of Fort Collins and requested Board approval; this Agreement has been approved and signed by the City of Fort Collins whereby they agree to provide funding for their portion of the Human Resource Allocations for 1995.

M O T I O N

Commissioner Clarke moved that the Board approve the 1995 Human Resource Funding Agreement between the Board of County Commissioners and the City of Fort Collins, and authorize the Chair to sign same.

Motion carried 3 - 0.

A95-24 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS

(1995 Human Resource Funding Agreement)

5. WEATHERIZATION CONTRACT: Mr. Buhlig provided an overview of the Energy Conservation Program for low income families in Larimer and Weld Counties; he requested Board approval of the 1995 Human Development Weatherization Program, which amounts to $1,088,897 and will provide weatherization this year for 502 homes. Mr. Buhlig reviewed how clients are selected, noting they must be at 125% poverty level to qualify; he noted that the program is 100% funded from three state and federal agencies - Low Income Energy Assistance Act (LEAP), Department of Energy (DOE), and Public Service Company of Colorado (PSCO).

M O T I O N

Commissioner Duvall moved that the Board authorize the Chair to sign the 1995 Weatherization Contracts for the Human Development Weatherization Program.

Motion carried 3 - 0.

Chair Disney requested Mr. Buhlig to prepare an accountability statement to inform the taxpayers of the savings realized through this program.

6. INTEREST ACCUMULATION FOR ENTERPRISE ZONE PROJECTS: Mr. Lancaster noted there are ongoing projects in the Enterprise Zone in which funds are contributed and held for a period of time while the project is being designed, etc. Mr. Lancaster stated that the county takes a 3% administration fee off the top, and it was suggested it would be prudent for those remaining funds to earn interest in the interim; with these monies to be retained in the Enterprise Zone accounts.


M O T I O N

Commissioner Clarke moved that the Board allow Enterprise Zone accounts to accrue interest and to retain the accrued interest in the Enterprise Zone accounts, at the interest rate currently received by the General Accounts on deposit by the County Treasurer.

Motion carried 3 - 0.

7. WORKSESSION:

-- Liaison to Office on Aging Advisory Board: Mr. Lancaster recommended that the Board make an appointment to the Office on Aging Advisory Board.

M O T I O N

Commissioner Clarke moved that the Board appoint Chair Jim Disney as the Board of County Commissioners' Liaison to the Office on Aging Advisory Board.

Motion carried 3 - 0.

-- Waiver of Purchasing Policy for Purchase of Computer Monitors: Mr. Lancaster requested the Board to waive the purchasing policy for the purchase of computer monitors for the imaging project - the state bid for the monitors is $40,310, but the same monitors can be purchased from a company in Phoenix for $36,629, a savings of $3, 681; Mr. Lancaster recommended the Board approve this request.

M O T I O N

Commissioner Duvall moved that the Board waive the purchasing policy for the purchase of computer monitors for the imaging project in the Information Management Department, as recommended by Mr. Lancaster.

Motion carried 3 - 0.

-- Discussion of Pending Action Against Intermountain Tanning: Mr. Lancaster noted that in June of 1994, the Board determined that a zoning violation existed at Intermountain Tanning. The owner of Intermountain Tanning is now going through Special Review with a request to change the zoning to allow the continuance of his operation; it will come to the Planning Commission tonight and before the Commissioners in April, 1995. In the meantime, the owner is continuing to operate; Commissioner Duvall has talked to the owner and he informed her that he is only doing taxidermy in his home and is not tanning or using the ponds. Commissioner Duvall requested that Mr. Pedas, Code Enforcement Officer, visit the site and find out exactly what is going on and then inform the Board and the neighbors. In order to alleviate situations like this in the future, Chair Disney recommended that a worksession be scheduled with Assistant County Attorney Ms. Haag and Mr. Legg to review the current policy, or to formulate a policy, regarding enforcement of violations and Mr. Pedas's authority in handling violations.

-- Participation in Fort Collins Congress of Neighborhoods: Mr. Lancaster noted that the Fort Collins Congress of Neighborhoods will be held next Wednesday, March 22, 1995 at the University Park Holiday Inn from 5:30 p.m. until 9:30 p.m.; he asked if the Board is interested in attending and having a table to talk to the neighborhood groups. All three Commissioners indicated they will plan to attend.

-- Update on Facilities Project: Mr. Lancaster provided an update for the Board on the Facilities Project; the Project Team met this morning and are proceeding with pursuing a sales tax referendum for this project. Mr. Lancaster noted that he informed the Project Team that the Board wants a sales tax referendum to be the last resort and the Board is most interested in working out a public/private relationship to fund the new facilities. Mr. Lancaster recommended that the Board meet with the Project Team, as there needs to be better communication between the Board and the Team; the Board also needs to in meet with the Fort Collins and Loveland City Councils to explain and outline the project in detail. Mr. Lancaster will schedule these meetings and it was also suggested that the Board meet with the Executive Council and other elected officials to discuss this project; the Board will attend the Project Team Meeting on March 21st to convey their thoughts to them. There was discussion of a survey being conducted to ascertain the citizen's thoughts on this matter and possibly doing a telephone survey; no decision was made regarding these suggestions. Chair Disney suggested that Mr. Lancaster attend more of the meetings with Facilities Manager Dick Anderson to improve the communication lines between the Board and all the various groups with an interest in the project.

-- Board and Commission Vacancies in 1995: Ms. Duchene requested direction from the Board regarding advertising for applicants to boards and commissions in the future; she noted that last year, for the first time, the county paid $1,550 for a one-day advertisement placed in three newspapers and it didn't increase the number of applications received. Previously, a press release was issued which the papers ran whenever they wished. Commissioner Duvall thinks there needs to be a better way of advertising and suggested doing something else; such as, thru Public Service TV, Channel 27, Internet, Bulletin Boards, etc. Ms. Duchene also asked if the Board would like for her to advertise for all positions on all boards, even if incumbents desire re-appointment; Commissioner Clarke stated that he recommends advertising for all positions. Mr. Gluckman noted that some of the boards need specialized persons and this needs to be considered.

-- Items for Next Week's Standing Meetings: Mr. Lancaster reviewed the agenda items for next weeks standing meetings for Public Works, Community Corrections, Social Services, and Planning. Commissioner Duvall raised the question regarding the importance of having quarterly meetings with the various departments on a routine basis. Commissioner Clarke suggested that, instead of having the quarterly meetings, each department prepare a monthly written report regarding their activities for the Board to review; however, if there are decision items for the Board to consider, a meeting should be scheduled. Mr. Lancaster will attempt to reduce the amount of time spent in meetings and the amount of information presented to the Board; Commissioner Duvall suggested that maybe an annual visit to each department by the Board would be more beneficial.

-- Items for Policy Worksession: Mr. Lancaster asked the Board what subjects they would like to discuss during tomorrow's Policy Worksession. The items decided upon were: 1) Budget Philosophy Statements; 2) Status of Cable TV; 3) Discussion of the possibility for the meetings with the Board and the Planning Commission being televised on Monday nights and if there could be open microphone for the citizen's participation.

8. Invitations: Ms. Hart reviewed the pending invitations with the Board. At this time, Dr. Larry Johnston presented an invitation to the Board to attend a Housing Forum on March 22, 1995 at the First United Methodist Church from 7 until 9 p.m. to discuss the shortage of low-income housing in Fort Collins. The Board has two prior invitations, but Commissioner Clarke stated he will try and make an appearance at the Forum.

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

9. Legal Matters: Ms. Haag presented a Quit-Claim Deed and Resolution for Conveyance for the sale of Collateral Lot 13 in Crystal Lakes Fourteenth Filing and requested Board approval of same and the Chair's signature.

M O T I O N

Commissioner Duvall moved that the Board approve a Quit-Claim Deed and Resolution for Conveyance for Lot 13, Crystal Lakes Fourteenth Filing P.U.D., and authorize the Chair to sign same.

Motion carried 3 - 0.

D95-05 QUIT-CLAIM DEED AND RESOLUTION FOR CONVEYANCE

FOR LOT 13, CRYSTAL LAKES FOURTEENTH FILING P.U.D.

At this time, Commissioner Duvall left the meeting for another engagement.

10. Document Review: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of March 6, 1995 and the Agenda for the week of March 20, 1995, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor Steve Miller: Alco Standard; PhoenixCor/Teletec; Zip One Hour; Aspenbrook Inv.; Bainer; Ihnen; Crown Inv.; FDIC/Knudson; Pedersen; and Slaton.

Motion carried 2 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following miscellaneous documents: Gardels Minor Residential Development Plat; Amended Plat for Lots 39 and 40 in Namaqua Hills; and the Inlet Bay Marina License Renewal.

Motion carried 2 - 0.

LIQUOR LICENSES: Licenses were issued to: Mulberry Inn of Fort Collins - 6% - Fort Collins, CO.; Aspen Lodge - 6% - Estes Park, CO.; South Taft Liquor, Inc. - 6% - Fort Collins, CO. and Total #2743 - 3.2% - Loveland, CO. County Approval was granted to the Inlet Bay Marina, Inc. - 3.2% - Fort Collins, CO.; Loyal Order of Moose, Lodge #484 - 6% - Loveland, CO.; Glen Haven Inn - 6% - Glen Haven, CO., and Johnson's Corner - 3.2% - Loveland, CO.

M O T I O N

Commissioner Clarke moved that the Board approve the following documents:

A95-25 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND EHRHART, INC. (Lease on Building

at 1635 Blue Spruce #106)

R95-35z SPECIAL REVIEW FINDINGS AND RESOLUTION DENYING THE

PETITION OF SANDY FLATS QUARRY

Motion carried 2 - 0.

The meeting adjourned at 12:30 p.m.

( S E A L )

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

ATTEST:

____________________________________

Sherry E. Graves, Deputy County Clerk

March 15, 1995