> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 3, 1995

SUBDIVISIONS

#254

The Board of County Commissioners met at 9:00 a.m. in regular session with Director of Planning, John Barnett. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans and Richael Michels, Planners; Harry Lynam, Engineering; Jerry Blehm, Director of Environmental Health; and Jeannine Haag, 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 Board or members of the audience.

1. WINDCLIFF ESTATES 6TH FILING, LOTS 1 & 2 AMENDED PLAT

(#95-SA0654): 03-04-73; SOUTHWEST OF ESTES PARK; .6 ACRES;

2 LOTS; E-ESTATE ZONING (04-03-95).

This is a request to combine two existing lots. Staff Findings include: 1) Windcliff Estates Sixth Filing was approved in 1985; 2) Lot 4 was originally approved for five dwelling units, either attached or detached single family dwellings; 3) This Amended Plat will combine two of these building sites, resulting in a reduction in the overall density in Windcliff Estates; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 1 and 2, of the Amended Plat of Lot 4, Windcliff Estates Sixth Filing.

2. WINDCLIFF ESTATES 6TH FILING, LOTS 3 & 4 AMENDED PLAT

(#95-SA0655): 03-04-73; SOUTHWEST OF ESTES PARK; .76 ACRES;

2 LOTS; E-ESTATE ZONING (04-03-95).

This is a request to combine two existing lots. Staff Findings are: 1) Windcliff Estates Sixth Filing was approved in 1985; 2) Lot 4 was originally approved for five dwelling units, either attached or detached single family dwellings; 3) This Amended Plat will combine two of these building sites, resulting in a reduction in the overall density in Windcliff Estates; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated on objections. The Staff Recommendation is for approval of the Amended Plat of Lots 3 and 4, of the Amended Plat of Lot 4, Windcliff Estates Sixth Filing.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Windcliff Estates 6th Filing, Lots 1 & 2 Amended Plat (#95-SA0654) and the Windcliff Estates 6th Filing, Lots 3 & 4 Amended Plat (#95-SA0655), as outlined above.

Motion carried 3 - 0.

3. GORUM-RICKARD SPECIAL REVIEW (#94-ZR0552): 20-08-69;

NORTH OF COUNTY ROAD 54G (OLD HIGHWAY 287);

C-COMMERCIAL ZONING (04-03-95).

This is a request for Special Review to utilize one unit of the Kintzley PUD as a video arcade. Ms. Michels briefly reviewed the major issues and concerns, submitted the site plan for the arcade, and noted that there are 14 other businesses in this Plaza. Staff Findings include: 1) This proposal is located in the Community Center area of the LaPorte Area Land Use Plan and meets the criteria set forth in that document for allowing new development; 2) This project would utilize existing facilities, existing access, and existing parking providing for efficient use of space and facilities; 3) The Fire Authority, the Health Department, the Engineering Department, and other reviewing agencies have reviewed this application and have stated no objections; 4) Approval of this Special Review would not impair the public health, safety, or welfare and would provide youth activities.

The following persons addressed the Board with their concerns regarding the need for additional law enforcement at the arcade, trespassing, possibility of possession of drugs on site, etc.: Everett Straw, Paul Reske and Kendall Burns. Ms. Michels stated that the applicant has been in contact with the Sheriff's Department and they have agreed to do periodic visits at the Kintzley PUD when the arcade opens.

Applicants Katrina Rickard and Vicki Gorum stated they have considered the possibility of hiring private security to guard against loitering, noise, disruption, criminal mischief, etc.; however, they have had contact with other businesses of this type, and they rarely have problems of this nature. Ms. Rickard noted that the main purpose of this arcade is to offer the kids in the LaPorte community an alternative safe and controlled environment to get them off the street; discussion followed and the conditions were amended as follows:

The Staff/Planning Commission Recommendation is for approval of the Gorum-Rickard Special Review, with the following conditions: 1) Prior to beginning operations, a sidewalk must be installed from County Road 54G to the southwest corner of the parking lot; 2) Hours of operation must not increase from what is stated in the application without approval from the Board of County Commissioners; 3) Should this operation impair the public health, safety or welfare of citizens, the Board will conduct a hearing to re-evaluate the special review approval.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Gorum-Rickard Special Review, with the conditions as amended (#94-ZR0552).

Motion carried 3 - 0.

4. NYBERG MINOR RESIDENTIAL DEVELOPMENT (#94-EX0638): NW

1/4 10-08-68; SOUTH OF COUNTY ROAD 60, 1/8 OF A MILE EAST OF

INTERSTATE 25; 35.61 ACRES; 2 LOTS; O-OPEN ZONING (04-03-95).

This is a request to divide 35.6 acres into 2 lots of 15.5 acres with an existing house and 20.1 acres for a new single family dwelling. Ms. Evans described the site location and the surrounding development to the Board and she noted there are no major technical issues to be resolved; she stated, however, that staff is recommending denial of the request because of the re-division of the 35-acre parcel. Staff Findings are: 1) The proposed Nyberg MRD is consistent with the requirements for Minor Residential Developments as contained in the Larimer County Subdivision Resolution. The Board of County Commissioners granted an MRD appeal to allow this request to proceed through the MRD process although this 35+ acre parcel was created after May 5, 1972; 2) This parcel is one of four 35 acre lots created in the north half of Section 10, Township 8 North, Range 68 West. An access and utility easement crosses the proposed new vacant lot and serves two other parcels to the south. Numerous other 35+ acre parcels, as well as several smaller parcels, are located in this area; 3) In February 1993, the Board of County Commissioners amended the Subdivision Resolution to make changes to the MRD process, in part to address the impacts of requests to divide recently created 35+ acre parcels; 4) Cumulative effects of redividing the large parcels in this area, without a coordinated development plan, would have significant negative impacts on the provision of utility services, transportation systems and fire/police protection.

Commissioner Clarke asked about the number of vehicle trips per day on CR 60; Mr. Lynam responded there are approximately 200 vehicle trips per day on this road. Applicants John and Daisy Nyberg responded that their house is only 600 feet from the main road--the first residence on CR 60. The Nybergs informed the Board that his employment has necessitated a move to Montana and they are in a financial burden, they need to sell their property and it would be much easier to sell if it was divided into smaller parcels. The Nybergs noted the property has a natural split to it and there are two shares of water so each parcel will have a share. Realtor Derwood Coalson stated that this land division is compatible with the area as there are many other 15 and 17 acre lots surrounding this property. Surveyor Larry Intermill reiterated that this property is only 600 feet to a paved road and has no technical problems. Bonnie DeBrow, adjacent property owner, expressed a concern about the access road which is used for agriculture purposes; Ms. Evans responded that if this request is approved, staff will recommend that a note be placed on the Final Plat that there are existing agricultural uses in the area, etc. Ms. DeBrow also noted that there is a developer across the road with 35-acre parcels, and she is concerned that approval of this request will set a precedent for others.

Commissioner Duvall stated that the Board has asked staff to look at cumulative impacts of a proposal and she noted that this is the problem with 35-acre exemptions; she noted that if the county wants to have orderly development, they need to look at the cumulative effect in order to have a system which makes sense. Commissioner Clarke stated that this proposal is for low rural density and he thinks it is a proper place for a MRD and is not an intense use of this property. Chair Disney stated that he agrees with staff and approval of this request may open the flood gates; he noted that this request is premature to a plan for the Wellington area.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation and deny the Nyberg Minor Residential Development (#94-EX0638).

Motion carried 2 - 1; Commissioner Clarke dissenting.

5. FRY MINOR RESIDENTIAL DEVELOPMENT (#94-EX0588): SW 1/4

30-04-69; NORTH OF COUNTY ROAD 4, 1/2 MILE WEST OF COUNTY

ROAD 23E; 9.73 ACRES; 2 LOTS; FA-1 FARMING ZONING (04-03-95)

This is a request to divide 9.7 acres into 2 lots of 2.3 and 7.276 acres with one existing house for a new single family dwelling. It was noted that this item was tabled two weeks ago, at which time Commissioner Clarke was absent and the vote resulted in a tie; the tabling of this item allowed time for Commissioner Clarke to review the testimony and the minutes of that meeting and then vote today to break the tie. Commissioner Clarke stated that he has reviewed the minutes of that meeting and discussed the matter with both Chair Disney and Commissioner Duvall. Commissioner Clarke stated he is going to support the motion for the installation of a sprinkler system as it will provide better protection for the home than a fire hydrant because of the response time, and he is in agreement with the change to condition #1 regarding the lot sale restriction, as suggested by Ms. Evans during the hearing on March 20, 1995.

Staff Findings include: 1) The proposed Fry MRD is consistent with the requirements for Minor Residential Developments, as contained in the Larimer County Subdivision Resolution and with the FA-1 Zoning District; 2) The surrounding area has been developed into subdivisions, exemption lots and Minor Residential Developments over a period of more than 20 years. There doesn't appear to be options for re-development of the parcels in the immediate area surrounding the proposed Fry MRD; 3) The approval of the Fry 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.

The Staff Recommendation is for approval of the Fry MRD, with the following amended conditions: 1) Installation and completion of all required subdivision improvements shall be the responsibility of the developer. These improvements include the common access road, closing the existing access, capping existing gas and water service lines, and installing new gas and water service lines to the existing improvements. A lot sale restriction shall be recorded with the Final Plat and, when the improvements are completed and accepted, a request shall be submitted to the County Commissioners to release that lot sale restriction. Construction plans must be signed by County Engineering; three copies of the signed plans shall be submitted to the Planning Department prior to beginning any work; 2) The common access and utility easement shall be platted with a 40' width and the existing driveway shall be closed. Additional right-of-way for County Road 4 in the amount of 20' shall be dedicated on the plat; this right-of-way shall not be shown as an "out lot" on the plat. The new access shall be paved for a distance of 50' from the centerline of County Road 4; the remaining surface can be gravel; 3) The applicant shall meet the requirements of the Little Thompson Water District regarding payment of fees and completion of improvements. Written notice from the Water District that all required fees have been paid shall be submitted prior to recording the Final Plat; 4) The Final Plat shall contain the following notes: a) Uses in Minor Residential Developments are limited to single family residential and permitted accessory uses; b) Engineered footings and foundations will be required for al construction on these lots; c) Radon tests shall be conducted in new residences after the structure is enclosed put prior to issuance of a Certificate of Occupancy. Test results shall be submitted to the Planning Department; d) The Larimer County Park Fee shall be paid at building permit issuance for new residences on these lots; e) The Section 2.8 Road Fee of $415 shall be paid at building permit issuance for Lot 2; f) A residential fire sprinkler system will be required for new residences on these lots; 5) School fees of $8 shall be paid prior to recording the Final Plat; recording fees shall be paid by the applicant; 6) All conditions of approval shall be completed and the Final Plat recorded by September 21, 1995 or this approval shall be null and void.

At this time, the motion made by Commissioner Duvall on March 20, 1995 was re-stated:

M O T I O N

Commissioner Duvall moved that the Board approve the Fry Minor Residential Development (#94-EX0588), that the applicants should meet the requirements of the Berthoud Fire Department to install a fire hydrant, and Condition #1 shall be amended to say a lot sale restriction shall be recorded with the Final Plat.

Motion failed 1 - 2; Chair Disney and Commissioner Clarke dissenting.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation, with the conditions as outlined, and approve the Fry Minor Residential Development (#94-EX0588), with the added condition that the applicant be allowed to install sprinkler systems, as opposed to the fire hydrant which was required originally, and amending Condition #1 to allow a lot sale restriction to be recorded in place of a Subdivision Improvement Agreement.

Motion carried 3 - 0.

6. REQUEST FOR APPROVAL OF FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHURCH SUBDIVISION: Discussion followed whether approval of Final Plats should be on Monday mornings during the Planning Meetings or during Administrative Matters on Wednesday mornings. As the approval and signing of Final Plats is an administrative function, CONSENSUS OF THE BOARD was to approve and sign Final Plats during Administrative Matters in the future; however, they will be listed individually on the published agenda.

A95-35 SUBDIVISION IMPROVEMENT AGREEMENT AND ADDENDUM

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE CHURCH OF CHRIST FOR THE CHURCH SUBDIVISION

The meeting recessed at 10:30 a.m.

PUBLIC HEARING REGARDING "THE PLAN FOR THE REGION

BETWEEN FORT COLLINS AND LOVELAND

(#255 & #256)

The Board of County Commissioners reconvened at 7:00 p.m. for a public hearing to discuss the proposed changes to the Plan for the Region between Fort Collins and Loveland. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Director of Planning John Barnett; Jill Bennett, Comprehensive Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Ms. Bennett informed the Board and the audience that the purpose of tonight's hearing is to review and discuss a number of proposed changes to the Plan for the Region between Fort Collins and Loveland, which is to be adopted as an element of the Larimer County Comprehensive Plan; these proposed changes have evolved from citizen input and comments received at the two public hearings, recommendations from the Citizen's Corridor Task Force, etc. Ms. Bennett provided a brief background to the Plan and then reviewed the proposed changes. Ms. Bennett noted that upon the advice of the County Attorney, the section regarding property rights has been recommended to be deleted from the Plan; she noted that another change proposed is to remove the agricultural preserve category on the preferred scenario plan and combine it with proposed open space.

Commissioner Duvall recommended, with regard to the CSU Extension Service hosting a local forum on agricultural issues of local importance, that Weld County be included along with Colorado State University, local agriculturists, water users and land owners working in partnership with Larimer County and the Cities of Loveland and Fort Collins; as was suggested during the Task Force Committee Meeting the other day.

At this time, the hearing was opened for public comment. John Knezovich submitted a recap of the meeting of the Corridor Task Force held on March 20, 1995; he stated that the almost unanimous recommendation of the Task Force is that the alternative scenario become the primary plan until a funding mechanism is established and when a funding mechanism is found, then the preferred plan be integrated into the alternative plan. The following persons addressed the Board with their concerns summarized as follows: Steve Anderson, President Board of Directors of Citizens for the Recognition and Preservation of Private Property Rights, discussed property rights and the unfairness of government to take the land; Tim Johnson would like to see the preferred scenario adopted because that is the one to take to the voters; Tom Bender, representing Larimer County Farm Bureau, is opposed to the deletion of the property rights section and he reviewed the recommendations of the Farm Bureau as contained in a letter previously submitted to the Board. Fort Collins City Council Member Gina Janett stated it is important to adopt the preferred plan as it is a vision and what many people have agreed they want; she stated that the City of Fort Collins has money in their natural resources fund for purchase of open space within their urban growth area, the City of Loveland is making an effort to obtain funds for acquisition, and there are other tools for sources of revenue; therefore, it is short sighted to say if the county doesn't have open space acquisition funds, the alternative scenario should be adopted. Tom Jackson stated that at all the meetings he has attended he has heard over and over again the statement "Let's treat landowners fairly". Pete Salg, Task Force Member, urged the Board to consider carefully whether the phrase "treat landowners fairly" should be deleted from the plan and to realize that a lot of trust in government will be destroyed if it is deleted; he re-iterated that the majority of the members of the Task Force want the preferred scenario. Kelly Ohlson stated that the continued delays of approval of the plan disturb him; he noted that, in his opinion, the product is very well done, but the process was flawed and he stated that the makeup of the committee was dominated by landowners, realtors, etc. Mr. Ohlson agrees with the concept of being fair to landowners, but he also wants the plan to be fair to taxpayers, citizens, and residents; he prefers the Board adopt the preferred scenario. J.D. Wiant stated that his family has been in agriculture in Larimer County since 1906 and the county has to take care of the people that own land. Donna McCrea, Task Force Alternate Member, asked the Board to slow down on approving a plan as there are new and different ideas to be presented; she stated that the land owners had hoped that by including language in this plan to protect property owners that they and government could move forward together. Ms. McCrea requested clarification from Ms. Haag why she is recommending the section regarding property rights be deleted from the plan. Ms. Haag advised that including statements about private property rights and compensation to property owners in the Corridor Plan adds nothing to already existing constitutional requirements and potentially expands the County's liability. Ms. McCrea stated she would like to meet with Ms. Haag to discuss this further and she noted she prefers the alternative scenario as it preserves open space without expanding government to the maximum.

At this time, Mayor of Loveland Ray Emerson recommended that the Board table the adoption of the plan until Monday, April 10, 1995 because there is still a lot of work to be done on the plan. Even though the Board indicated their intention to honor the request for tabling, they felt it was only fair to allow anyone else in the audience who came to speak tonight that opportunity. Glenn Colton, Corridor Task Force member, stated that everyone agrees that the landowners should be treated fairly, but the public should also be treated fairly and all sides have not been heard from in this discussion; he stated we need to find a funding source and he suggested the county purchase land in the corridor instead of spending money on road improvements. Bill Patterson stated that the one thing everyone has agreed on from the beginning was to "be fair to the property owners" and now that is being recommended for deletion. Bud Stump stated that the Task Force was a sham because, in his opinion, the county planners, the long-range planners and open-space people from Fort Collins and Loveland got together and decided how they would like to see the corridor not develop; then when that wasn't happening, BHA was hired to try and get the Task Force members to agree to what county staff, etc. wanted in the corridor. Mr. Stump thinks the plan is just another mechanism to stop growth. Scott Mason, representing Citizen Planners, indicated that group's support for separation of Loveland and Fort Collins but they think that property owners should be treated fairly. Stan Everitt, member Task Force and Focus Group, requested clarification regarding the removal of the implementation column from the table for each subarea description and asked how a document can be effective without an implementation mechanism in place; Chair Disney and Ms. Haag responded. Harry Sauer, Corridor Task Force, also stated that, in his opinion, the process was flawed and too often staff was trying to lead us in the direction they wanted us to go; but, he also said that a lot of good has come out of the process. Mr. Sauer noted that the plan has no credibility if "fair market value" is not included. Karen Braillsford requested clarification of several deletions and statements in the document of proposed changes; Chair Disney responded to her questions. Frank McCrea, Task Force member, stated that this corridor is a vision statement of what we want Larimer County to look like in the future, but a vision is also needed regarding how to accomplish that goal; he would like to see some restrictions placed on county government. Mr. McCrea stated that if implementation is deleted, then we have an open ended document. Martha Noonan requested clarification and definition of the terms regulation, statute, guideline, etc.; she asked if the plan will become law if it is adopted; Ms. Haag responded that if the plan is adopted, it will become part of the Master Plan, which is part of the regulations.

At this time, the public portion of the hearing was closed. Commissioner Duvall stated she agrees with the audience that the process of the Task Force was flawed and she agrees there needs to be some language in the plan that reflects fairness to all persons in Larimer County. Commissioner Duvall thinks the county needs to adopt the preferred scenario as a vision we are trying to achieve which will be taken to the voters for funding. Commissioner Clarke stated that the preferred scenario has potential, but only if the property owners in this area are treated fairly; he noted that the Board needs to honor the request of the cities of Loveland and Fort Collins to take additional time to review the plan further and the property rights language needs to be revised and included in the plan to everyone's satisfaction, and he noted he is concerned about the implementation of the plan. Chair Disney stated he agrees with his fellow Commissioners that the property rights statement needs to be re-written and should not be deleted from the plan; he also said he supports the preferred scenario. After discussion among the Board, it was decided that the Board will review this whole plan in detail with representatives from the cities of Loveland and Fort Collins during a worksession on April 10, 1995 and attempt to resolve all the issues and concerns which have been raised. It was noted that this worksession will be an open public meeting; however, no additional public testimony will be taken at that time.

M O T I O N

Commissioner Clarke moved that the Board take the adoption of the Plan for the Region between Fort Collins and Loveland under advisement and will render a final decision at 9:00 a.m. on April 17, 1995; in the meantime, the Board will continue to work with their partners, the cities of Fort Collins and Loveland, at a worksession on April 10, 1995. This session will be open to the public but will have a worksession format and not opened for public comment; after the worksession, the Board will formulate their recommendation regarding the plan which will then be forwarded to the Planning Commission for their meeting on April 20, 1995.

Motion carried 3 - 0.

The meeting adjourned at 9:40 p.m.

TUESDAY, APRIL 4, 1995

PUBLIC WORKS STANDING MEETING

(#258)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Bob Felsburg and Ann Anselmo of Felsburg, Holt & Ullevig Consulting Firm; Elaine Spencer, Jill Bennett, Dale Miller, Susan Szymanski, and Vaughn Furness, Members of the Technical Advisory Group for the Larimer County Transportation Plan; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Felsburg presented the Project Prioritization Methodology for the Larimer County Transportation Plan and noted that, after Commissioner Duvall requested the Technical Advisory Group to reconsider the weightings assigned to the seven evaluation factors proposed to be used in the project prioritization process during a meeting with the Board on February 21, 1995, the Group has determined that the weightings were appropriate and should not be modified. Much discussion followed explaining the process used to establish the project prioritization methodology.

Mr. Felsburg explained that the next step in the process will be to take the transportation plan to the public for review and comment early next month before proceeding further; he noted that the purpose of today's meeting with the Board is to receive additional input from the Board about the plan and to leave the meeting with a draft process of methodology with which everyone is comfortable and one which can be presented to the public. Mr. Felsburg noted the Advisory Group has addressed a lot of technical issues in this process and now needs to meld the technical as well as the non-technical issues in the plan. Mr. Felsburg identified the seven weighting factors and described the assessment scoring from 0 to 3; he outlined the scoring guidelines for project evaluation factors and noted that those criteria will be applied only to safety projects, roadway improvement projects, new roadway construction projects, and capacity projects. Mr. Felsburg noted that separate criteria will be used for maintenance projects, bridge projects, transit projects and bicycle projects. To demonstrate the process for evaluating projects, a trial run exercise was taken with the Board in which they selected a project and, after discussion of each weight factor, arrived at an assessment scoring for each factor. After the exercise, the Board indicated they had a much better understanding of the process, but stated they would like to discuss the weighting factors in more detail at the next Policy Worksession.

Mr. Smith submitted a list of assumptions under which his department now operates and a list of required policy decisions which the Board will need to make in the future. After the Board has time to review the lists, Mr. Smith requested that a meeting be scheduled to discuss the assumptions and required policy decisions at length with the Board. Mr. Smith also submitted a map showing the short and long-range road improvement projects for 1995, 1996 and 1997; he noted that he needs 1 1/2 to 2 years lead time on these projects and if the Board wants to make any changes on these projects, he needs to know right away. Commissioner Clarke recommended that an in-depth discussion of these proposed projects be scheduled for the next Policy Worksession.

Mr. Smith provided an update for the Board on the Buckhorn Canyon Road noting that he has inspected the road and stated that if the speed limit is obeyed, there is no problem with safety or slickness. Commissioner Clarke noted that he also drove up to the Buckhorn and, in his opinion, the treated sections of the road are much improved over the untreated sections.

The meeting adjourned at 11:30 p.m.





WEDNESDAY, APRIL 5, 1995

ADMINISTRATIVE MATTERS

(#258 @ 300)

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: Robert Thompson, Human Development Program Specialist; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. SIGNATURE OF SCHOOL RESOURCE OFFICER AGREEMENT: Mr. Lancaster presented the School Resource Officer Agreement for signature, noting this agreement was approved by the Board during Administrative Matters on March 22, 1995.

M O T I O N

Commissioner Duvall moved that the Board authorize the Chair sign the School Resource Officer Program Agreement, as approved by the Board on March 22, 1995.

Motion carried 3 - 0.

A95-36 AGREEMENT BETWEEN THE COUNTY OF LARIMER AND

THE LARIMER COUNTY SHERIFF, THE POUDRE SCHOOL

DISTRICT R-1, AND THE CITY OF FORT COLLINS FOR THE

SCHOOL RESOURCE OFFICER PROGRAM

2. PROCLAMATION NATIONAL COMMUNITY DEVELOPMENT WEEK: Mr. Thompson presented a Proclamation for Board approval and the Chair's signature. Chair Disney read aloud the Proclamation for National Community Development Week.

M O T I O N

Commissioner Clarke moved that the Board declare the week of April 10 - 16, 1995 as National Community Development Week, and authorize the Chair to sign same.

Motion carried 3 - 0.

3. APPROVAL OF 1996 TRANSIT DEVELOPMENT PLAN UPDATE: Mr. Lancaster requested approval from the Board for the 1996 Transit Development Plan, noting that this action is required annually in order to continue to be eligible for Federal funding for transportation.


M O T I O N

Commissioner Duvall moved that the Board approve the 1996 Transit Development Plan Update

Motion carried 3 - 0.

4. FUNDING FOR RAIL STUDY: Chair Disney explained that the Colorado Department of Transportation wants to conduct a study of the fourteen primary rail corridors in the State; he noted this is the first of a rough screening and the top four corridors will then be eligible for some rather substantial Federal funding for a major investment study.

M O T I O N

Commissioner Clarke moved that the Board authorize the expenditure of up to $1,783, to be derived from the Commissioners' Special Projects Fund, for Larimer County's share of a Statewide passenger rail feasibility study, contingent on funds also being provided by the other entities in the North Front Range Transportation and Air Quality Planning Council.

Motion carried 3 - 0.

5. WORKSESSION:

-- Items for Policy Matters Discussion: In addition to the two items listed on the Agenda for Policy Worksession, Commissioner Duvall requested that a discussion of the joint meeting with the Planning Commission on April 12, 1995 be added to the list; Chair Disney and Commissioner Clarke concurred.

-- Items for Next Week's Standing Meeting with Human Resources: No additional items were suggested for addition to the Human Resources Meeting next week.

-- Draft Policy for Boards and Commissions: Mr. Lancaster submitted a draft copy of a policy for Boards and Commissions, as drafted by Mr. Gluckman, and requested the Board review the draft and to direct any suggestions or comments they may have about the policy to Mr. Gluckman. Mr. Lancaster also noted that the Planning Commission Bylaws state that they will interview applicants and make recommendations to the Board and he requested direction from the Board how this should be handled for the remainder of this year. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board suspend the language in the current Planning Commission Bylaws which allows them to interview and make recommendations to the Board of County Commissioners for Planning Commission members.

Motion carried 3 - 0.

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

7. COMMISSIONER REPORTS:

-- Commissioner Duvall updated her fellow Board members on a meeting she recently had with Bill Brown regarding an agricultural symposium; she noted they are compiling a list of potential invitees and a letter will be sent out from both the Weld County and Larimer County Commissioners inviting Weld and Larimer County farm and water users and ranchers to the symposium. Commissioner Clarke added that another part of this symposium will be to emphasize the need to encourage some of the local industries, like Anheuser Busch, to use local products.

-- Commissioner Clarke reported on the Colorado Counties, Inc. (CCI) Futures Meeting he recently attended.

-- Chair Disney received a Red Alert FAX from CCI stating that Senate Bill 149 is in the House and requesting the Commissioners to contact their representatives immediately to express opposition to this proposed amendment. Chair Disney also provided a status report on the municipality amendment - House Bill 1333.

8. DOCUMENT REVIEW: Commissioner Duvall requested the removal of both sets of Minutes for March 20 and March 27, 1995 from the Consent Agenda and Commissioner Clarke requested the removal of the proposed agenda for the week of April 10, 1995 from the Consent Agenda.

M O T I O N

Commissioner Clarke moved that the Board approve the following Agreements, Deeds, Resolutions and Liquor Licenses as listed on the Consent Document Review for April 5, 1995.

A95-37 INTERGOVERNMENTAL AGREEMENT REGARDING USE OF

PFA'S THIRD-RESERVE PUMPER BY LARIMER COUNTY FOR

THE BENEFIT OF THE LIVERMORE VOLUNTEER FIRE

DEPARTMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, THE POUDRE FIRE AUTHORITY, AND THE

LARIMER COUNTY SHERIFF

A95-38 ADDENDUM TO INTERGOVERNMENTAL EQUIPMENT

AGREEMENT REGARDING PFA'S THIRD-RESERVE PUMPER

BETWEEN THE BOARD OF COUNTY COMMISSIONERS,

LIVERMORE VOLUNTEER FIRE DEPARTMENT, AND THE

LARIMER COUNTY SHERIFF

D95-06 DEED OF DEDICATION ACCEPTANCE BY THE BOARD OF

COUNTY COMMISSIONERS CONCERNING DEPPERSCHMIDT

MINOR RESIDENTIAL DEVELOPMENT (Dedication of property

for public highway)

R95-37s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN

AND PRELIMINARY PHASE PLAN FOR PHASE I OF ROCKY

MOUNTAIN GATEWAY PLANNED UNIT DEVELOPMENT

R95-38s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PHASE PLAN EXTENSION IN SPRINGFIELD COURT PLANNED

UNIT DEVELOPMENT

R95-39g RESOLUTION TO AMEND RESOLUTION #R94-165g DATED

DECEMBER 19, 1994 CONCERNING THE 1995 BUDGET OF THE

LARIMER COUNTY PUBLIC TRUSTEE (To correct a typographical

error of a date on the original resolution)

LIQUOR LICENSES: County approval was granted to Al Fresco Great Italian Food - 6% - Fort Collins, CO., and a request for a Waive of Hearing for 6% Tavern Liquor License for Change of Ownership for Mountain Greenery Resort at 32595 Poudre Canyon, Bellvue, CO.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that approval of the Minutes for the week of March 20, 1995 be tabled until they are rewritten as requested.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of March 27, 1995, as amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Agenda for the week of April 10, 1995, as amended.

Motion carried 3 - 0.

9. LEGAL MATTERS:

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Director of Planning John Barnett joined the meeting for Legal Matters.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session to discuss pending litigation with legal counsel.

Motion carried 3 - 0.

The Board came out of Executive Session at 11:10 a.m. and took the following action:

M O T I O N

Commissioner Duvall moved that the Board approve the request for a re-hearing of the Rockview Planned Unit Development, pending more information from our legal staff regarding how it should be formatted.

Motion carried 3 - 0.

The meeting adjourned at 11:20 a.m.

THURSDAY, APRIL 6, 1995

MEETING TO APPROVE QUIT-CLAIM DEED FOR LOT SALE

(#258 @ 4500)

The Board of County Commissioners met at 9:30 a.m. in regular session with Assistant County Attorney Jeannine Haag to approve a Quit-Claim Deed. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Ms. Haag requested Board approval and the Chair's signature on a Quit-Claim Deed for the sale of Lot 11 in Glacier View Meadows Subdivision Twelfth Filing.

M O T I O N

Commissioner Clarke moved that the Board approve a Quit-Claim Deed for the sale of Lot 11 in Glacier View Meadows Subdivision Twelfth Filing, and authorize the Chair to sign same.

Motion carried 2 - 0.

D95-07 QUIT-CLAIM DEED FOR SALE OF LOT 11 IN GLACIER VIEW

MEADOWS SUBDIVISION TWELFTH FILING TO DAVID AND

BARBARA HERDER AS JOINT TENANTS

Ms. Haag also requested the Board to approve an amendment to the Contract for Sale that deletes the sale of Lot 10 in Glacier View Meadows Subdivision.

M O T I O N

Commissioner Clarke moved that the Board approve an amendment to the Contract for Sale which deletes the sale of Lot 10 in Glacier View Meadows Subdivision.

Motion carried 2 - 0.

The meeting adjourned at 9:35 a.m.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_____________________________________

Sherry E. Graves, Deputy County Clerk

April 5, 1995