> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 27, 1995

SUBDIVISIONS

(#236)

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

Discussion ensued regarding procedure for continuance of the Fry Minor Residential Development, which was heard by the Chair Disney and Commissioner Duvall last week and the voting resulted in a tie; therefore, the item was continued until today to be resolved by Commissioner Clarke. Ms. Haag advised that since Chair Disney is absent, the matter should be tabled until next Monday, April 3, 1995 at which time all three Commissioners will be present.

M O T I O N

Commissioner Duvall moved that the Board table the Fry Minor Residential Development (#94-EX0588) until Monday, April 3, 1995.

Motion carried 2 - 0.

The following is a consent item and will not be discussed in detail unless requested by the Board or members of the audience.

1. JENKS AMENDED EXEMPTION (#95-EX0656): 26-06-70; EAST OF

COUNTY ROAD 27, SOUTH OF MASONVILLE; 84.49 ACRES;

2 LOTS; OPEN ZONING (3-27-95)

This is a request to amend the boundaries of an existing exemption lot and an adjacent metes and bounds parcel. Staff Findings include: 1) The Jenks Exemption was approved in 1980. One of the lots was reconfigured without County approval. This request will correct the illegal lot split and result in a more logical division of the property along the Buckhorn Creek; 2) The County Health and Engineering Departments reviewed the proposed amended exemption and state no objections; 3) Additional easements requested by Public Service and Arkins Water Association appear on the amended exemption drawing. Right-of-way for County Road 27 will need to be added before the final documents are recorded. The Staff Recommendation is for approval of the Amended Jenks Exemption, with the condition that the right-of-way for County Road 27 be added to the exemption drawing before recording.

M O T I O N

Commissioner Duvall moved that the Board approve the Jenks Amended Exemption (#95-EX0656), with the condition as outlined.

Motion carried 2 - 0.

2. WALSH MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0657):

23-09-68; NORTH SIDE OF COUNTY ROAD 66, EAST OF INTERSTATE

25; 1 LOT; O-OPEN ZONING (3-27-95)

This is a request for an appeal to allow a Minor Residential Development to be processed on a parcel that was created by the approval of an exemption in 1986. Mr. Kadera submitted a drawing of the site and noted that staff is recommending denial of the request because the lack of significant water service raises a concern about fire protection and domestic service and the existence of a gravel road raises a traffic concern. Staff Findings are: 1) The property in question was part of an exemption that was approved in 1986; 2) The County Health and Engineering Departments have reviewed the proposed appeal and stated no objections; 3) The Minor Residential Development regulations were amended to require full subdivision review of any request to divide parcels created by the exemption process; 4) Appeals from the MRD regulations require a policy decision by the Board of County Commissioners.

Applicant Terry Walsh addressed the concern about water and road usage; he noted that his house has been on this site for 10 years, he has a water tap, and he has no intention of adding more houses or lots on his property. Mr. Walsh stated that he is requesting this land division because he needs to refinance the property to pay off a divorce settlement. Discussion and further clarification of the request ensued and it was noted that this request is only to separate two sets of improvements.

M O T I O N

Commissioner Duvall moved that the Board grant the Walsh Minor Residential Development Appeal (#95-EX0657) to allow the applicant to proceed with a MRD and to allow time for the Board to receive more information regarding their concerns.

Motion carried 2 - 0.

3. DAVID G. TROST ZONING VIOLATION; 1210 NORTH COUNTY ROAD

5, EAST SIDE OF COUNTY ROAD 5 (03-27-95).

This alleged violation is for storing industrial vehicles and equipment used in paving and asphalt repair in the FA-1 Farming Zoning District. Mr. Pedas submitted photos of the site, provided the background information, and reviewed the major concerns and issues. Staff Findings include: 1) The subject property is zoned FA-1 Farming; 2) The Farming District does not permit industrial uses, nor does it permit outdoor storage not accessory to a permitted use; 3) Continued use of the property inconsistent with the zoning regulations will affect property values in the neighborhood. The Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. It was noted for the record that the property owner was not present for today's hearing.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Recommendation and find that, in the matter of the David G. Trost Zoning Violation, a violation does exist, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

4. LISLE MATHEWS JUNKYARD VIOLATION; SW, NW 34-10-70;

SOUTH SIDE OF RED FEATHER LAKES ROAD, 1/2 TO 3/4 MILES

WEST OF HIGHWAY 287 (03-27-95)

This alleged violation is for storing several inoperable/unlicensed vehicles, camper, mobile home, in the O-Open Zoning District. Mr. Pedas submitted photos of the site, provided the background information, and reviewed the major issues and concerns for the Board. Staff Findings are: 1) The subject property is zoned O-Open District; 2) Junkyards are not permitted in the O-Open District without Special Review approval by the Board of County Commissioners; 3) Outdoor storage, not accessory to a permitted use, is not allowed in the O-Open Zoning District; 4) Continued use of the property inconsistent with the zoning will have a significant affect on property values in the neighborhood. The Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. It was noted for the record that the property owner was not present for today's hearing.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Recommendation and find that, in the matter of the Lisle Mathews Junkyard Violation, a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

At this time, Commissioner Duvall questioned whether or not the Wiant MRD, which was tabled last week until today, should be heard since it was not listed on the published agenda for today; after discussion, it was decided to proceed with the item today, but Commissioner Duvall requested that in the future when an item is tabled to a specific date that it be relisted on the agenda for the day it will actually be heard.

5. WIANT MINOR RESIDENTIAL DEVELOPMENT (#94-EX0604):

SE 11-05-70; SOUTHEAST CORNER OF THE INTERSECTION OF

U.S. HIGHWAY 34 AND COUNTY ROAD 29; 27.05 ACRES;

2 LOTS; FA-1 FARMING ZONING (03-27-95).

This is a request to divide a 27-acre parcel with one existing dwelling into 2 lots of 17.65 acres and 9.36 acres for single family dwellings. Ms. Evans provided the project and area description and reviewed the comprehensive plan and existing development; she also reviewed the technical comments and issues relating to access, zoning, geologic hazards, water, sanitation, recreation, wildlife, fire protection, etc. Ms. Evans stated that the applicant is in agreement with all the conditions, except for the one regarding the shared access for the two lots. Staff Findings include: 1) The proposed Wiant MRD meets the criteria for Minor Residential Developments as contained in the Larimer County Subdivision Resolution and with the FA-1 Zoning District. An appeal was granted by the County Commissioners to allow this development to proceed through the MRD process despite the property's location in Range 70; 2) The proposed two lot division appears to be in keeping with the existing development and character of the immediate area; 3) The approval of the Wiant MRD, with certain conditions, should not result in any significant negative impacts on surrounding properties, the natural environment, or the provision of services and transportation.

Mr. Burns responded to the concern regarding the condition for the shared access; he noted that the Larimer County Access Control Policy requires that spacing between accesses on a major collector should be limited to one access per 1,700 feet; therefore, he does not recommend approval of an additional access to serve the newly created lot.

Mr. J. D. Wiant, applicant, presented photographs of the site and explained the disagreement with the condition for the shared access by reviewing a map of the area with the Board. He noted there is currently 685 feet between the two entrances, there is an existing leach line that would have to be crossed with the new road; he would have to build a fence between the two properties because of the presence of livestock and to install a gate. Steve Popovich, adjacent property owner, provided the background to the proposal and stated he has been concerned about commercial property going in at this location. Mr. Popovich stated they like the wildlife and privacy in this area and don't want to do anything to disturb it and to construct this additional access would destroy the appearance of the property and disturb the wildlife. Dave Shupe, Landmark Engineering, discussed the functionality of the two roads, noting that the two driveways are located on a stretch of road where you are starting from almost zero speed as you come around the corner onto CR 29 or you are slowing down to make a stop at CR 29; consequently, the need to maintain the 1700 ft. spacing is markedly lessened. Mr. Shupe stated that the applicant is in a low velocity area of this road and approval of one more driveway is not going to have the impact on the functional carrying ability of a collector road; he noted that the entrance to the property is a broad upland meadow and to have a wide sweeping cut going through it will mar it from an esthetic perspective. Much discussion followed and the Board concurred that condition #1, which states that the Final Plat shall designate a shared access for the two lots, providing a 40' wide access easement, should be omitted from the conditions of approval.

Therefore, The Staff Recommendation for approval of the Wiant MRD, with the following amended conditions, is as follows: 1) Additional right-of-way for Larimer County Road 29 (additional 20' along frontage) and for U.S. Highway 34 (additional 25' along the frontage) shall be dedicated on the Final Plat; 2) The following notes shall be included on the Final Plat: a) Uses are limited to single family residential and permitted accessory uses; no commercial uses are permitted; b) No signs are permitted on this property, including off-premise signs; c) No direct access to U.S. Highway 34 will be permitted; d) New residences shall be constructed with noise insulation of walls and double glazing of windows that are exposed to U.S. Highway 34; e) Engineered footings and foundations are required for all construction on these lots; f) A site specific geotechnical report shall be required at building permit application for the dwelling on Lot 1. This report shall address the engineered foundation specifications, septic system location/design and grading and drainage design. This report (5 copies) shall be submitted to the Planning Department; g) Radon tests shall be conducted in new residences after the structure is enclosed but prior to issuance of the Certificate of Occupancy. A copy of the test results shall be submitted to the Planning Department; h) Residential fire sprinkler systems will be required in new dwellings on these lots. A specialized pump and tank system will be needed. Plans must be approved by the Loveland Fire Protection District; I) An engineered septic system may be required on Lot 1. Engineered septic systems are more expensive to install and maintain than standard systems; j) Wells on these lots are for household use only (Colorado Division of Water Resources permits). Note: Permit Numbers to be furnished on the Final Plats; k) There is potential for adverse interactions between humans or domestic animals and wildlife in this area, including mountain lions, raccoons, skunks and coyotes. Ornamental plantings, including trees and shrubs, may be damaged by wildlife; l) Larimer County Park fees shall be paid at building permit issuance for the new dwelling on Lot 1; m) The Section 2.8 Road Fee of $604 shall be paid at building permit issuance for the new dwelling on Lot 1; 3) School fees of $8 for the vacant lot shall be paid prior to recording the Final Plat. Recording fees for the Final Plat and any other documents shall be paid by the applicant; 4) All conditions shall be completed and the Final Plat recorded prior to September 21, 1995 or this approval shall be null and void.





M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Wiant Minor Residential Development (#94-EX0604), with the conditions as amended, eliminating the condition requiring the shared access to the two properties.

Motion carried 2 - 0.

6. DISCUSSION ITEM - BLUE RIDGE PARK (WELLINGTON RACE TRACK):

Discussion followed regarding a proposed site plan for rezoning to allow industrial uses on property annexed by the Town of Wellington in 1980. Mr. Kadera noted that this site plan has been referred to the county and Planning Staff is asking for guidance from the Board how to respond to this referral. Mr. Kadera noted that a quick response is needed because the Wellington Planning and Zoning Board meets on March 30 and Town Council meets on April 11, 1995. Mr. Kadera stated that the proposed site plan would include a quarter mile paved track, 24 commercial lots, and a parking lot for 1040 vehicles, which could mean over 5,000 people at the track at one time, with the whole site plan on septic systems. In addition to the septic system concern, there are also the generic concerns about noise and lighting. Mr. Blehm stated that Dr. LeBailly is very concerned about this issue and will be discussing it further with the Board during Administrative Matters later this week. Mr. Blehm explained the ramifications to the county if those septic systems fail, noting it would be up to the county to figure out what to do and it would be a tremendous financial burden on the town and the county. Much discussion followed and the Board strongly indicated their disapproval of this plan; however, they also expressed their interest in supporting Wellington to find a better use for this property, but something more compatible with the area. The Board requested Mr. Barnett to call Gary West, Wellington Town Administrator, and offer the county's assistance in trying to determine what other options might be available for this site and how it would be appropriate for the county to assist.

The meeting adjourned at 10:30 a.m.

TUESDAY, MARCH 28, 1995

HEALTH & ENVIRONMENT QUARTERLY MEETING

(#246)

The Board of County Commissioners met at 9:30 a.m. in regular session in the Community Health Conference Room at the Blue Spruce Facility with Dr. Adrienne LeBailly, Director of Health & Environment. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; as noted previously, Chair Disney is out of town this week. Also present were Director of Environmental Health Jerry Blehm and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Blehm reviewed his background with the Board and noted that his main goal during his tenure as Environmental Planner was to try and always be fair with everyone with whom he had any dealings; he noted that philosophically, he would like to continue doing the same in his new position. In order to accomplish this goal, Mr. Blehm stated that there needs to be a specific strategic plan in place for the Environmental Health Department which is consistent with the County's Strategic Plan.

Mr. Blehm outlined his goals as Environmental Health Director as follows: 1) Develop, with participation of staff and other stakeholders, a strategic plan for the Environmental Health Division; 2) Improve communication both within and outside the department; 3) Improve customer service; 4) Improve relations with external agencies and groups; 5) Maximize use of existing resources, and seek new sources of funds or labor (internships); 6) Continue to work with the Environmental Advisory Board and Environmental Management Team on recommendations of the EAB; 7) Work with the Planning Staff to help revise the septic system policy and regulations for proposed subdivisions and PUD's; 8) Hire at least one Environmental Planner; 9) Work more closely with Health Education and Community Health Services; and 10) Attend training and improve skills in Systematic Development of Informed Consent, Computer use, especially wordprocessing, and Budgeting/Finance.

Commissioner Duvall indicated her support for hiring an Environmental Planner and expressed her support for Mr. Blehm's goal to take a fresh look at environmental issues. She requested Mr. Blehm to prepare a pie chart showing how much time is spent by his department in each area, such as: restaurants, septic systems, etc.; she also asked Mr. Blehm if the county should have an air quality plan. Commissioner Duvall told Mr. Blehm that she is looking for help from his department on the septic system question.

Dr. LeBailly elaborated further on the Wellington Race Track proposal and will discuss it further with the Board during Administrative Matters this week and, at that time, will have a letter for the Board to sign to sent to the Town of Wellington which will reflect the Board's feelings and opinions about this proposal. Commissioner Duvall suggested that Dr. LeBailly offer alternatives and the county's help in the letter and state that the county understands their need for economic development and inquire as to how the county might assist them. Dr. LeBailly suggested an Intergovernmental Agreement for planning issues be proposed, and suggested offering some technical support to them. Commissioner Duvall suggested that Dr. LeBailly work with the Planning Director in drafting this letter.

Chair Pro-Tem Clarke expressed his concern regarding the noise level; Mr. Blehm stated that the noise emitted from this site will probably not be in violation of the law, as the law is not very strict. Discussion followed regarding whether or not a new county policy could be adopted where only a certain percentage decible in noise level would be allowed.

The meeting recessed at 10:30 a.m.

HUMAN DEVELOPMENT QUARTERLY MEETING

(#251)

The Board of County Commissioners reconvened at 10:35 a.m. in regular session in the Community Health Conference Room at the Blue Spruce Facility with Ginny Riley, Executive Director of Human Development. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; Commissioner Disney was absent. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Ms. Riley presented a written document listing her performance goals and objectives for the period March 28 to September 26, 1995; those goals are as follows: 1) Improve the functioning of department advisory boards; 2) Improve communication/coordination among department staff and programs; 3) Improve the image of the department, both "in-county" and in the community; 4) Assess the efficiency and effectiveness of the current department structure and make recommendations for change if necessary. On Ms. Riley's Performance Goals and Objectives Sheet, she listed how she would achieve each her objective, when it would be accomplished, whom she would work with to accomplish the objective, and the expected outcome of the objective.

Ms. Riley requested feedback and direction from the Board for the next six months. The Board informed Ms. Riley they were very impressed with her first two weeks on the job and indicated their support to her in her endeavors to accomplish her goals and objectives.

The meeting recessed at 11:10 p.m.

PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT

BLOCK GRANT 1995 FUNDS - 2ND AND FINAL ROUND

(#252)

The Board of County Commissioners reconvened at 1:30 p.m. for a Public Hearing regarding the Community Development Block Grant 1995 Funds with Robert Thompson, Program Specialist. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; as noted previously, Chair Disney is out of town this week. Also present was Wendy Watson, Head Start Operations Coordinator. Recording Clerk, S. Graves.

Chair Pro-Tem Clarke noted that the purpose of today's hearing is to consider an application dated March 20, 1995 for a CDBG Grant on behalf of Headstart. Ms. Watson provided the background for the Head Start Program in Fort Collins, noting that Head Start has been in Fort Collins for 25 years. She described the different components of Head Start, Health and Nutrition, and Parent Involvement. She stated that currently there are 281 pre-schoolers in Head Start and she noted that a Head Start facility is to be located in the Poudre Valley Mobile Home Park at 2025 North College Avenue; the application being considered is a request for $16,515 for playground equipment, which will be used by 45 children and will also be available for other children residing in the park.

Mr. Thompson noted for the record that this project is located in the 100-year flood plain and he stated he is combining early public notice of the project in the flood plain with this public hearing and notice was posted in various locations throughout the City; he noted that these hearings are open for public comment on community development and housing needs and provide an opportunity for the community to talk about the performance of Larimer County in carrying out its community development responsibilities.

M O T I O N

Commissioner Duvall moved that the Board label the Community Development Block Grant Application on behalf of Headstart as local priority #1 for this funding cycle.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board authorize a local commitment of 10% in matching funds, in the amount of $1,834, for this project.

Motion carried 2 - 0.

The meeting adjourned at 1:40 p.m.

WEDNESDAY, MARCH 30, 1995

ADMINISTRATIVE MATTERS

(#253)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; as noted previously, Chair Disney is out of town this week. Also present were: Dr. Adrienne LeBailly, Health Department Director; Jerry Blehm, Director Environmental Health; Ed Schemm, Assistant Director Environmental Health Services; Joan Duchene, Commissioner's Office Supervisor; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. PROCLAMATION FOR NATIONAL PUBLIC HEALTH WEEK: Chair Pro-Tem Clarke read aloud the Proclamation declaring that the Larimer County Board of Commissioners proclaim the week of April 3 - 9, 1995 as National Public Health Week.

M O T I O N

Commissioner Duvall moved that the Larimer County Board of Commissioners hereby proclaim the week of April 3 - 9, 1995 as National Public Health Week, and authorize the Chair Pro-Tem to sign the Proclamation.

Motion carried 2 - 0.

2. ENVIRONMENTAL CONCERNS SURROUNDING PROPOSED RACE TRACK DEVELOPMENT IN WELLINGTON: Dr. LeBailly submitted a draft letter for the Board's approval and, if approved, the letter will be hand delivered by Mr. Schemm to the Town of Wellington Planning and Zoning Board meeting tonight. The letter outlines the Board's concerns regarding the use of septic systems, noise, lights, dust, traffic, etc. at Blue Ridge Park, a proposed development in Wellington. Much discussion of the development followed; CONSENSUS OF THE BOARD was to approve the letter, as written.

3. APPOINTMENT TO ENVIRONMENTAL ADVISORY BOARD: Ms. Duchene requested the Board approve the appointment of Mr. Caliste C. Cenac of Estes Park to the Environmental Advisory Board, to fill an unexpired term ending June 30, 1997.

M O T I O N

Commissioner Duvall moved that the Board approve the appointment of Mr. Caliste C. Cenac to fill an unexpired term on the Environmental Advisory Board, term ending June 30, 1997.

Motion carried 2 - 0.

4. APPOINTMENTS TO BOARD OF ADJUSTMENT: Mr. Duchene noted that the Planning Department has recommended the Board appoint the following three applicants to the Board of Adjustment: George Williford, Lawrence Lechner and Gus Gendler. There was much discussion concerning the procedure for filling Board vacancies in the future. It was suggested that each Commissioner be designated to specific boards and commissions to be responsible for sitting in on the interviews of applicants for new members for those boards and commissions and then subsequently report back to the other Commissioners with their recommendations. The Board directed Mr. Gluckman to write a new policy for the selection of board and commission members, this policy to become effective immediately. The Board further directed that the policy is to state that the Board will interview the applicants, either totally or individually, they will try to have geographic representation of members throughout the county on those boards and commissions, and the policy will not allow the final vote or decision to be made by the advisory boards or commissions.

M O T I O N

Commissioner Duvall moved that the Board appoint the following persons to serve on the Board of Adjustment: George Williford to fill an unexpired term and then serve an additional 3-year term which will expire June 30, 1998; Lawrence Lechner and Gus Gendler shall be appointed as alternates, with terms to expire June 30, 1997.

Motion carried 2 - 0..

5. OFFICE ON AGING APPOINTMENT: Ms. Duchene noted that the Office on Aging Advisory Council is recommending that Hal Wilson be appointed to serve on the Office on Aging Advisory Council.

M O T I O N

Commissioner Duvall moved that the Board appoint Hal Wilson to the Office on Aging Advisory Council for a three-year term, ending June 30, 1998.

Motion carried 2 - 0.

6. CAB REAPPOINTMENT - DISCUSSION: The Community Action Board approved the re-appointment of Man Oberoi to the Community Action Board, and is recommending Board approval of the re-appointment.

M O T I O N

Commissioner Duvall moved that the Board approve the re-appointment of Man Oberoi to the Community Action Board for a three-year term ending June 30, 1997.

Motion carried 2 - 0.

Commissioner Duvall stated she has been made aware that a certain member of the LaPorte Area Advisory Committee has missed a great number of meetings and her understanding is that their Bylaws state that if a member misses a certain number of meetings, they are no longer on the Board. Discussion followed; the Board will investigate the situation take the required action.

7. WORKSESSION:

-- Letter of Support for Conservation Easement: Mr. Gluckman presented a letter of support for a conservation easement and requested Board approval of the letter and their signatures. It was noted that the easement is compatible with the County's goal of protection of open space and consistent with the goal of maintaining natural, scenic, wildlife and plant life resources.

-- Items for Next Week's Standing Meetings: The only agenda item listed for the Public Works Standing Meeting is for discussion of the Larimer County Transportation Plan and review of the priority ranking system; Mr. Gluckman asked the Board if they wish to add any more items. Commissioner Duvall stated she would like to discuss road conditions in the Buckhorn Canyon.

-- Animal Control Ordinance: Commissioner Clarke received a call from an unhappy citizen asking if the language in the Animal Control Ordinance could be made stronger. The Board decided they will discuss this further during the next Policy Worksession and also include someone from Animal Control for that discussion.

8. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board.

9. COMMISSIONER'S REPORTS:

-- Commissioner Duvall reported on the Corridor Committee Meeting she attended yesterday; she stated that Staff presented recommendations compiled from comments received during the public hearings, and comments and recommendations from the Planning Commission, the Board, and the Task Force. Commissioner Duvall stated that the philosophical intent of the plan and all the staff recommendations were agreed upon except that some wordsmithing needs to be done in one area of contention.

-- Chair Pro-Tem Clarke reported on his day in Denver with Colorado Counties, Inc.

10. LEGAL MATTERS:

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Risk Manager Mike Burch, and Patti Arnett, Health Department Business Manager joined the meeting for legal matters.

Mr. Hass presented a General and Full Release Settlement Agreement for the Board's approval and the Chair Pro-Tem's signature.

M O T I O N

Commissioner Duvall moved that the Board approve the General and Full Release Settlement Agreement between the Board of County Commissioners and Michelle Bostock, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

A95-28 GENERAL AND FULL RELEASE SETTLEMENT AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

MICHELLE BOSTOCK

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 10:45 a.m. to discuss legal matters with legal counsel.

Motion carried 2 - 0.

The Board came out of Executive Session at 11:40 a.m.; no action taken.

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that approval of the Minutes for the week of March 20, 1995 be tabled until next Wednesday, April 5, 1995.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Schedule for the week of April 3, 1995, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Petitions for Abatement and Refund of Taxes for the folowing, as recommended by the County Assessor Steve Miller: Clements; The Ink Spot; Western Med. SVC.; Eatherton; Kem Homes, Inc.; Stern; Aten.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the following Agreements, Contracts, Resolutions, Miscellaneous Documents and Liquor Licenses as listed on Document Review for March 30, 1995.

A95-29 MAINTENANCE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND SCC COMMUNICATIONS

CORP (Software Maintenance Agreement)

A95-30 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

A95-31 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 17 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND REUBEN JOHN WEITZEL FARM TRUST

(Temporary Construction Easement for ROW - Project #117)

A95-32 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 23 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROBERT R. MCCLUSKEY (Project #148)

A95-33 AGREEMENT FOR ADMINISTRATIVE SERVICES SECTION 8

HOUSING ASSISTANCE PAYMENT PROGRAM BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE FORT

COLLINS HOUSING AUTHORITY

A95-34 AGREEMENT FOR PROFESSIONAL TECHNICAL SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CDS ENGINEERING CORPORATION OF LOVELAND

C95-14 CONTRACT AMENDMENT #1 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH

SERVICES (Increase in Allocation for 8th Judicial District S B 94

Programming - FY '95)

R95-36s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF LINDEN RIDGE SUBDIVISION 2ND FILING

MISCELLANEOUS DOCUMENTS: Local Improvement District No. 1987-4 Special Assessment Bond (CSBG); Emergency Community Services Homeless Application - ECSH Resolution & Certifications Form; Emergency Shelter Grant Application (Letter to State of Colorado - Division of Housing; Assurances and Certification of Local Approval for Non-profit Organizations Form); and Red Feather Ranch Amended Plat for Lots 6, 9 and 12.

LIQUOR LICENSES: Licenses were issued to Johnson's Corner Campground, Inc. - 3.2% - Loveland, CO.; Inlet Bay Marina, Inc. - 3.2% - Fort Collins, CO.; Loyal Order of Moose - Lodge #484 - 6% WITH EXTENDED HOURS - Loveland, CO.; and the Glen Haven Inn - 6% WITH EXTENDED HOURS - Glen Haven, CO. County Approval was granted to Carter Lake Marina - 3.2% - Loveland, CO. and J. J.'s Country Corner - 3.2% - Fort Collins, CO.

Motion carried 2 - 0.

The meeting adjourned at 12:00 noon.

( S E A L )

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk
March 28, 1995