> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 17, 1995

SUBDIVISIONS

(#261 & 262)

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: Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Jill Bennett, Comprehensive Planner; Rex Burns and 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. UPPER LONE PINE MINE (#94-ZR0553): NE 1/4, 23-10-74; 4 MILES

NORTHWEST OF RED FEATHER LAKES, WEST SIDE OF "TINY BOB

ROAD"; 14.25 ACRES; O-OPEN ZONING (4-17-95)

This is a request for Special Review to allow a gravel mine on 10.5 acres for a period of 5 years for extraction of gravel to be used on the roads in Crystal Lakes. Staff Findings include: 1) The proposed use is consistent with the Comprehensive Land Use Plan and the Zoning Resolution; 2) If developed and operated in accordance with the recommended conditions, the proposed quarry will not affect surrounding land uses or property values in the area; 3) The proposed development will not affect the public health, safety or welfare, and will not result in undesirable traffic congestion, undesirable sanitary conditions, or adverse environmental influences. Commissioner Duvall asked if the gate will remain locked at the point where Tiny Bob Road meets Deadman Road; Manager Water & Sewer Association Manager Richard Rosecranz answered affirmatively, noting that the access will be on CR 73C, they will not go on Forest Service land, and they will be on Tiny Bob Road only where it connects with their 7th and 9th Filings.

The Staff/Planning Commission Recommendation is for approval of the Special Review with the following conditions: 1) Except as modified below, all development, operation, and reclamation shall be consistent with Zoning File Exhibit A (Application for Regular Permit Operation, including all attached plans and narratives); 2) Any portion of Site A or Site B outside the high water line or the dam construction area will be reclaimed in accordance with the reclamation plan; 3) In the event the dam construction does not commence within six month of completion of mining on Site B, all of Site B will be reclaimed in accordance with the reclamation plan; 4) Prior to commencement of any mining activity on the site, applicant shall provide written evidence from the Colorado Division of Wildlife, Corps of Engineers, and U.S. Forest Service that the concerns of each agency have been adequately addressed.

2. DIXIE PARK AMENDED PLAT - LOTS 9-12 (#95-SA0671): 08-05-70;

SOUTH OF HIGHWAY 34, 5 MILES WEST OF THE BIG THOMPSON

SCHOOL; 1.2 ACRES; 1 LOT; O-OPEN ZONING (04-17-95)

This is a request to combine four existing lots into a single building site. Staff Findings are: 1) Dixie Park Subdivision was approved in 1921; 2) Dixie Park Subdivision is zoned O-Open, which requires a minimum lot size of ten acres; all the lots are non-conforming with respect to this requirement and combining these four lots will not bring them into compliance, but will make them larger; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for approval of the Amended Plat of Lots 9, 10, 11 and 12, Dixie Park Subdivision.

3. OWL CANYON STREET NAME CHANGE (#95-OSO663): 06 & 07

07-09-69; 1/2 MILE EAST OF HIGHWAY 287, NORTH OF COUNTY

ROAD 72; RURAL DESIGNATION (04-17-95).

This is a request to name Owl Canyon Trail. Staff Findings include: 1) Several building sites north of County Road 72 have access via an unnamed road and naming the road will help emergency service providers find these building sites if there is an emergency; 2) The proposed road name, Owl Canyon Trail, does not duplicate any existing road names in this area; 3) The County Health and Engineering Departments, utility serving this area and emergency service providers have reviewed the proposed road name change and stated no objections. The Staff Recommendation is for approval of the proposed road name, Owl Canyon Trail, for the road running north from County Road 72 about 1/2 mile east of Highway 287.

4. SOUTH NOKOMIS LAKE AMENDED PLAT - LOTS 9, 10 & 11

(#95-SA0661): 21-10-73; SOUTH NOKOMIS LAKE SUBDIVISION,

NORTH OF RED FEATHER LAKES; .36 ACRES; 3 ACRES;

O-OPEN ZONING (04-17-95).

This is a request to combine three existing lots into one building site. Staff Findings are: 1) South Nokomis Lake Subdivision was approved in 1924; 2) The lots are very small and do not meet the current minimum lot size; 3) The applicant owns three contiguous lots and wishes to construct improvements that will encroach on the lot lines. Combining the lots will ensure that all improvements are on one lot; 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 9, 10 and 11, Block 24, South Nokomis Lake Subdivision.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Upper Lone Pine Mine (#94-ZR0553); Dixie Park Amended Plat - Lots 9-12 (#95-SA0671); Owl Canyon Street Name Change (#95-OSO0663); and the South Nokomis Lake Amended Plat - Lots 9, 10 & 11 (#95-SA0661); each, with the conditions as outlined.

Motion carried 3 - 0.

5. DELINE MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0667):

32-09-68; SOUTHEAST CORNER OF COUNTY ROAD 62 AND COUNTY

ROAD 11; 66.8 ACRES; 3 LOTS; O-OPEN ZONING (04-17-95).

This is a request to allow a Minor Residential Development application to be processed to create three lots from a parcel created by exemption in 1985. Mr. Kadera submitted an aerial photo of the site, reviewed the major concerns and issues, and noted that Staff is recommending denial of the Deline MRD appeal as they would like for the Planning Commission to have the opportunity to review this request through the full subdivision process. Staff Findings include: 1) This appeal of the Minor Residential Development regulations is necessary because the parcel in question was created by an exemption in 1985. The only parcels eligible to be divided by MRD are those that existed on May 5, 1972. This MRD will also create three parcels and the regulation only allows two lots; 2) Nothing has changed in this area since the exemption was approved in 1985 to create this lot. While it is true that the site is divided by two irrigation ditches, it was divided this way in 1985 when the lot was created; 3) The County Health and Engineering Departments reviewed the proposed appeal and stated no objections but reserve the right to comment on the MRD if the appeal is granted; 4) Granting the appeal will make it possible to create four lots out of the original parcel without benefit of Planning Commission review. This property should be subject to full subdivision review if any additional lots are approved. The applicant was not present for today's hearing.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation and deny the Deline Minor Residential Development Appeal (#95-EX0667), noting that the property should not be divided further without review by the Planning Commission.

Motion carried 3 - 0.

6. MILLER MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0668):

15-06-70; NORTH OF COUNTY ROAD 27 IN MASONVILLE; 3.34 ACRES;

O-OPEN ZONING (04-17-95)

This is a request to permit a Minor Residential Development to be processed on a parcel located in Range 70 and does not meet the minimum lot size. Mr. Kadera described the site location, reviewed the major concerns and issues, and submitted a letter to the Board from Mary and Paul Long supporting this request for appeal. Staff Findings are: 1) The Minor Residential Development Regulations require that all MRD's be located in Ranges 68 and 69; this site is in Range 70. The regulations also require that all parcels created by MRD meet the minimum lot size required for that area; the lots proposed in this appeal will need a lot size variance from the Board of Adjustment; 2) There is some evidence that the previous owner may have intended to split the property but; no deeds were recorded to create the lots. The County Attorney has determined that there is one legal lot on this three acre site; 3) MRD appeals require a policy decision by the Board of Commissioners and the Staff has consistently recommended against the appeals because the Staff should not be in the position of making a policy decision; 4) The County Health and Engineering Departments reviewed the proposed MRD appeal and stated no objections although they reserved the right to comment on the MRD if the appeal is granted. The Staff Recommendation is for denial of the Miller MRD Appeal.

Mark Miller, applicant, submitted maps of the site showing an overview of the area, a copy of the 1896 plat, a vacating deed from the 1930's, and pictures of the site. Mr. Miller described the process he has gone through to be allowed to build on his property and the misinformation he has received from different departments in the county. Mr. Miller informed the Board that there is no problem with water, street access, electricity, etc. Kathy Miller, applicant, stated that what they are trying to do on their property is compatible with the surrounding area. Paul Long, area property owner, requested the Board approve this appeal request as the Millers have already greatly improved the site and he does not want the property to revert back to the previous owner. Much discussion followed regarding the inconsistencies within the different county departments regarding the different definitions whether or not a lot is buildable or non-buildable.

M O T I O N

Commissioner Duvall moved that the Board approve the Miller Minor Residential Development Appeal (#95-EX0668) to permit a MRD to be processed on a parcel located in Range 70 which does not meet the minimum lot size.

Motion carried 3 - 0.

7. BICKELS SPECIAL REVIEW (#94-ZR0551): SW 1/4, 02-09-69; NORTH OF

COUNTY ROAD 72, WEST OF COUNTY ROAD 15, LOT 15, HORSEMAN

HILLS; 4.5 ACRES; O-OPEN ZONING (04-17-95).

This is a request for Special Review to allow a "hair-on" tanning business which is existing and operates out of an accessory building in a rural subdivision. Mr. White reviewed the history of the tanning operation, submitted photos of the site and several letters in support of the business at this site, and reviewed the major concerns and issues; he noted that compatibility is the biggest concern. Mr. White noted that a letter has been received from Mr. Bickels offering to alter the conditions of use as proposed in the original plan submitted as the Bickels' Special Review Project, which is basically to eliminate the wet process and have that occur in a commercial district. Mr. White stated that the applicant has submitted a petition in support of the request signed by the owners of 28 of the 47 lots. Mr. White noted that the following Staff Findings relate to the original request as submitted with the wet processing, which are: 1) The proposal does not comply with the intent and purposes of the County Land Use Plan and Comprehensive Zoning Resolution; 2) The proposed commercial use is not harmonious with the surrounding neighborhood, and may have an impact on the surrounding neighborhood and on property values in the area; 3) The County Health Department has expressed concerns about several aspects of the environmental report submitted with the application. The applicant has not provided adequate information to establish that the use would not have adverse environmental influences in the area; 4) The applicant has not provided adequate justification for placing this business in a residential area rather than a commercially zoned area. The Staff/Planning Commission Recommendation is for denial of the Bickels Special Review.

Commissioner Duvall noted that it appears that the Staff Report and the Planning Commission's decision were based on an entirely different request than the one before the Board this morning and she proposed that the altered request be referred back to the Planning Commission as a new request. Much discussion followed.

M O T I O N

Commissioner Duvall moved that the Board refer the Bickels Special Review back to the Planning Commission for review as a totally new and different request.

Much further discussion followed among the Board, the applicant and members of the audience. Mr. Bickels stated he would like to have this matter resolved today as he feels his operation and request are appropriate for the site; he noted he is aware of the opposition and is willing to make concessions. In the interim, Mr. Bickels has rented space to work in until June 1, 1995 and would appreciate a decision by that time and stated that this has become an economic hardship for them. Those speaking in opposition to the Bickels Special Review were: Jan Miller and Judy Smith, adjacent property owners; they cited their concerns that if the special review is granted, very soon the applicant will be doing the whole process on site again as past performance shows that the applicant has no respect for rules and regulations, the covenants do not allow business operations in this subdivision , the business is illegal, negative effect on property values, compatibility, and they object to the entire business, not just a portion of it. Murphy Horner and Roger Stahl, adjacent property owners, spoke in support of the tanning business noting they have not had any problems with the business operation and Mr. Bickels has been a good neighbor. Nancy Bickels submitted a copy of their water bill showing they do not use any more water than their neighbors, as suggested by one opponent, and she stated that in her opinion the presence of double-wide mobile homes in the neighborhood have devalued properties more than their business.

Mr. White informed the Board that in order to expedite a decision on this matter that possibly the Planning Commission could review the new request on May 17, 1995 and it could come back before the Board on May 22, 1995 . Chair Disney requested that at that time a schedule of carcass disposal be submitted for the Board's review.

Motion carried 3 - 0.

8. A PLAN FOR THE REGION BETWEEN FORT COLLINS AND LOVELAND

(#95-RL0590):

Ms. Bennett stated that the request today is for the Board to recommend the adoption of the Plan for the Region between Fort Collins and Loveland to the Planning Commission which is to become an element of the Comprehensive Land Use Plan. Ms. Bennett noted that last week the Board met with the Corridor Committee to work on some potential wording changes in the Corridor Plan mainly dealing with the property rights issue. Ms. Bennett reviewed all the proposed changes, additions, and deletions to the Plan; the Board concurred with all the changes, except they recommended that water users be included along with local agriculturists and land owners when forming a partnership to consider an agricultural preservation strategy. Commissioner Clarke indicated he still has some concern regarding implementation; however, he thinks the revised plan is a good plan and has a lot of potential to achieve positive results.

M O T I O N

Commissioner Clarke moved that the Board recommend to the Planning Commission the adoption of the Plan for the Region between Fort Collins and Loveland, with the proposed changes as presented today, to become an element of the Comprehensive Land Use Plan.

Motion carried 3 - 0.

Chair Disney thanked everyone, both in the public and private sector, that has worked so hard and long on this Plan for the Region between Fort Collins and Loveland.

The meeting recessed at 11:30 a.m.



MEETING TO ADOPT RESOLUTION

(#262 @ 3500)

The Board of County Commissioners reconvened at 1:00 p.m. in regular session with County Attorney George Hass. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Neil Gluckman, Assistant County Manager, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Hass requested Board approval and the Chair's signature on a Resolution Regarding Defense of Punitive Damage Claim, noting that Commissioner Duvall has been individually sued for punitive damages and adoption of this resolution is necessary for the County Attorney to defend the case. Mr. Hass further stated that Commissioner Duvall will not participate in action to approve or vote on this resolution.

M O T I O N

Commissioner Clarke moved that the Board adopt the Resolution Regarding Defense of Punitive Damage Claim, and authorize the Chair to sign same.

Motion carried 2 - 0.

R95-46g RESOLUTION REGARDING DEFENSE OF PUNITIVE DAMAGE

CLAIM

The meeting recessed at 1:10 p.m.

SECOND PUBLIC HEARING FOR INTERMOUNTAIN CABLE

(#263)

Chair Pro-Tem Clarke presided over the second public hearing for Intermountain Cable. The hearing was held at 7:00 p.m. and the following county personnel were present: Russ Legg, Cable TV Coordinator; Mike Bryant, Public Works Access and Utility Coordinator; Tom Duchen, President River Oaks Communications Corporation and Consultant for Larimer County; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Pro-Tem Clarke called the hearing to order; Mr. Legg provided a brief overview of the cable renewal process and stated that tonight's hearing is a continuation of a hearing held on January 30, 1995 regarding the review of Intermountain Cable services and their compliance with the existing cable agreement with Larimer County. Mr. Legg noted that at that hearing there was much interaction between the public and the county regarding concerns of the system quality and the service standards of the company; at the end of that hearing, the Board requested staff to schedule a second hearing within ninety days, which is tonight's hearing, to provide an opportunity in the interim for the cable company to work on solving many of the problems with the cable service and to receive public comments regarding what has occurred in the intervening ninety days. Mr. Legg submitted a letter from Barbara Trevarton, Manager of the Cloverleaf Mobile City, reporting that since the meeting in January, the company has worked hard to bring their system up to standards, the reception is clear, and the exposed cables have been buried; however, Ms. Trevarton's concern, at this point in time, is what will happen in the future after the cable contract is renewed and what guarantees will the county insist upon to insure that certain standards continue to be met. Mr. Legg noted he also received a phone call from Ingrid Simpson reporting that there has been improvement in their cable reception; however, Channel 16 and some of the other channels after midnight are still "hit and miss".

Tom Duchen stated that under the Cable Acts of 1984 and 1992, there are two key elements in the cable renewal process: 1) Past performance review, and 2) Ascertainment of the future needs in the interest of the community.

Craig Poulsen, General Manager Intermountain Cable, provided a progress report and referred to a letter dated April 11, 1995 addressed to Mr. Legg in which Mr. Poulsen outlined in detail everything that his company has done to make improvements to the cable system and the measures they will continue to take to enhance customer service in the future. Mr. Poulsen identified several areas that continue to have problems, but he is confident they will be resolved within a short time; he also noted that there have been requests for local news programs and negotiations are underway with Columbine Cablevision to offer local programming very soon. Mr. Poulsen stated that an outside firm was hired to conduct a survey among their customers to measure their satisfaction with the improvements made so far; the results of that survey were presented and discussed. Mr. Poulsen noted there is still room for improvement and they will continue to work on that; he stated they have tried to contact all the persons who spoke at the last hearing to solve their individual problems and they have reached all but three of those persons and will continue to try and contact them. Mr. Poulson stated that the goal of his company is to serve and they are happy to be serving the residents in Larimer County and hope to continue for a long time. Commissioner Clarke asked if there is a specific plan to reach the people who responded negatively to the survey; Mr. Poulson responded affirmatively. Mr. Bryant verified that Intermountain has aggressively worked at correcting their violations and has provided weekly updates for him of their progress; he stated that, at this time, one/half of the reported violations have been corrected.

At this time, the hearing was opened for public comment. Larry Beckman, resident in Vista Bonita Subdivision, addressed the Board and stated that service is much improved since the last meeting, but still not perfect. Bill Loy, Vista Bonita resident, stated that the reception this evening was outstanding and overall the service is much improved; however, there are still several problems: 1) There is quite a bit of electrical interference on Channel 10, the Poudre R-1 School Channel; 2) There is a reception problem when it rains or is windy; 3) The hours listed in the Cable View Magazine are for a different time zone and he wondered if that could be corrected; and 4) He would like to be able to receive Channel 14 - the local news channel.

Mr. Poulsen responded to the comments made tonight; he noted they are working on solving the problem of the electrical interference on Channel 10, and they should be able to correct the problem of the wind and rain causing interference. Mr. Poulsen made public his phone number of (303) 462-1688 and encouraged anyone to call when they have problems. With regard to the program times listed in Cable View Magazine, the listings are for HBO, ShowTime, CineMax, Disney and the Movie Channel; as there aren't too many people subscribing to these channels, it would be too costly to publish a guide for Mountain time and therefore the guide is for Eastern time and two hours off. Mr. Poulsen noted that with regard to obtaining a local news channel, as stated previously, contract negotiations are underway.

Commissioner Clarke concluded the hearing by stating that it is apparent that real progress has been made by Intermountain Cable in substantially improving the quality of cable viewing and customer service; he noted that tonight's hearing is only one part of a whole continuum in the process which will result in the awarding of the franchise and there is still some distance to go. Commissioner Clarke expressed appreciation for all the hard work that has been done and encouraged continued input to the Board regarding cable service.

The meeting adjourned at 7:50 p.m.

TUESDAY, APRIL 18, 1995

STANDING MEETING WITH REX SMITH, DIRECTOR OF PUBLIC WORKS

(#264)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioner Duvall and Commissioner Clarke were also present. Also present were: William Heiden, Director of Road and Bridge; John MacFarlane, Director of Parks; K-Lynn Cameron, Parks Planner; Elaine Spencer; Engineering Services Manager; Engineering Surveyor Dale Greer, Land Surveyor with Engineering Department; Ralph Jacobs, Director of Human Resources; Suzanne Comcowich, Employee Relations and Classification Specialist; and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Review and Approval of Road and Bridge Short Range Highway Improvement Program: Mr. Smith stated that the purpose of today's meeting was to outline the 1996 and 1997 Road and Bridge Program for the Board and request approval of the projects presented. A Larimer County road map was used by Mr. Smith to illustrate the current road and bridge projects along with the proposed projects. Much discussion ensued with respect to: individual projects as well as safety issues and concerns. Mr. Smith also reviewed the status of several projects already in progress. In response to Commissioner Duvall's questions of how Mr. Smith and his staff decided on which projects to focus, Mr. Smith stated that they based their decisions on safety concerns, traffic volume and road conditions in prioritizing projects. CONSENSUS OF THE BOARD was to approve the proposed projects as presented by Mr. Smith.

2. Road and Bridge Restructuring: The purpose of this discussion was to resolve the question of pay raises for the Road and Bridge district supervisors, as it was not part of the original presentation. A concise narrative of the intended Road and Bridge restructuring was given by several of the attendees. Mr. Heiden stated the reason for increasing the district supervisors was to maintain an acceptable 'gap' between the team leaders and the district supervisors, as well as adequately compensate the district supervisors for increased supervisors. Mr. Jacobs expressed his concern of creating an imbalance in pay within the County classification system. Mr. Lancaster suggested to utilize the re-classification process to determine the appropriate pay grade for the district supervisors. Much discussion followed regarding the job description of the district supervisors, the percentage pay differences between the levels of supervision, and how the restructuring plan will realize savings for the County. Commissioner Clarke emphasized the timelines of this project and reiterated Mr. Lancaster's suggestion to employ the County's re-classification process to determine an appropriate pay grade for the district supervisors. CONSENSUS OF THE BOARD was to instruct Mr. Jacobs to proceed with the re-classification process for the district supervisors in the Road and Bridge Department, in addition to proceeding with the Road and Bridge Restructuring Plan. Mr. Jacobs confirmed that the re-classification will be completed by the end of next week and make it retroactive.

3. Facilities Management Department Needs: This item will be re-scheduled due to lack of time in this meeting. Mr. Anderson will contact Mr. Lancaster to re-schedule.

4. Update on Citizens Proposal for Open Space: Mr. MacFarlane presented the Board with a draft proposal from the "Help Preserve Open Spaces" citizens committee. The purpose of today's discussion, as stated by Mr. MacFarlane, was to allow time for feedback from the Commissioners regarding this draft proposal. An interval of questions and answers followed covering the major points of the draft. Mr. MacFarlane emphasized that the implementation of this program would not incur additional costs for the County. Much discussion occurred with respect to current projects, the Master Plan and the Corridor Plan. Commissioner Clarke expressed his support of this plan remarking that this proposal appears to have been well thought out. Commissioner Duvall sought clarification of T.D.R.'s (transferring development rights) and suggested to highlight development rights in this proposal.

Meeting adjourned at 10:42 a.m.







REVIEW OF OPTIONS FOR ECONOMIC DEVELOPMENT INCENTIVES FOR HYUNDAI

(#265)

The Board of County Commissioners met at 10:45 a.m. in regular session with Bob Keister, Larimer County Budget Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Frank Lancaster, County Manager; Neil Gluckman, Assistant County Manager; Lew Wymisner, Employment and Training Services Program Support Manager; John Knezovich, Private Citizen; and Roland Mower, President of Fort Collins, Inc. Recording Clerk, A. Jensen.

Mr. Keister distributed an outline portraying the various incentives available to the Commissioners for consideration in establishing a framework in which to begin negotiations with Hyundai. Comments, questions and discussion followed with respect to the credit amounts, percentages and the overall affect these incentives may have on the County. Mr. Mower, of Fort Collins Inc., sought to clarify the aspects and intents of this proposal. Much discussion followed regarding the mill levy, revenue and several negotiating points. Mr. Lancaster stated that the mill levy will go down, due to the TABOR Amendment, without Hyundai locating in Larimer County. Mr. Keister noted the calculations presented to the Board are assuming the County will not lose revenue. Discussion followed regarding the mechanics of employing local residents, possible incentive percentages to be required, and the availability of skilled labor. Mr. Gluckman suggested that Hyundai retain the services of the Job Service office to screen local applicants. Mr. Mower noted that Hyund3ai wouldn't consider locating here if they 1couldn't expect to hire at least 80% of their workforce locally to defray the costs of re-locating their employees. CONSENSUS OF THE BOARD was to instruct Mr. Wymisner to develop a program by which to track residency of Hyundai employees.

For clarification purposes, Chair Disney stated that this proposal is not to be considered a concrete offer, rather as a framework to begin negotiations with Hyundai. Commissioner Clarke suggested to offer the tax break on personal property only over the next five years. Commissioner Duvall expressed her support of opening up discussions with Hyundai, with the details to be solidified at a later date. In addition, Commissioner Duvall expressed her support of Hyundai locating in this area. In response to Commissioner Duvall's request, Mr. Knezovich calculated various revenue and mill levy scenarios.

M O T I O N

Commissioner Clarke moved that the Board communicate with Hyundai, through Fort Collins, Inc., to apprise them of their willingness to enter into negotiations using the draft outline as a guideline with the addition that Hyundai is amenable to participating in the North Front Range Colorado Transportation System.

Motion carried 3 - 0.

AMENDMENT TO THE MOTION

Commissioner Disney moved to amend the motion to include the statement that this proposal is subject to current economic conditions remaining relatively static.

Amendment to motion carried 3 - 0.

Meeting adjourned at 11:50.

COOPERATIVE EXTENSION STANDING MEETING

(#266 & @263 @ 3000)

The Board of County Commissioners reconvened at 3:00 p.m. at the Extension Office with Laurel Kubin, Director of Cooperative Extension. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were Bob Hamblen, Agriculture/Agronomy Agent, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. 4-H Program Status and Outreach Efforts: Ms. Kubin welcomed the Board and provided an update on Extension 2000--the new name for Extension since its reinvention; she noted that there will be some regionalization but they will still have local identity and county ties and it will not be the major change as initially proposed. Ms. Kubin provided an update on 4-H in Larimer County, reporting they have 1,628 members in 71 clubs with 659 leaders and they now have year-round enrollment. With regard to 4-H outreach, Brenda Johnson has been hired 1/2 time to try and increase diversity in the 4-H programs; she is working with the Northside Center on a bike program, she has worked with the Loveland schools on a program called Spaces, she has developed a mentor program with 4-H junior leaders and worked on money management programs with various agencies.

2. Volunteers Trained: Ms. Kubin reported they have focused on volunteers to help in the Extension Office. Mr. Hamblen stated he has recently trained a group of small acreage management volunteers and they have developed three programs for poultry, sheep, and swine; in addition, programs for beef, irrigation, and grasses are also being developed. Mr. Hamblen noted they tried to assemble information more specific to this front-range area with regard to land-use issues, irrigation or water issues; a lead-in packet and newsletter will be distributed to businesses where persons interested in this type of information would normally go. Commissioner Duvall requested Mr. Hamblen to also put something together to teach people how to protect wildlife and their habitat and how to co-exist with them in harmony. There was discussion about compiling an informational and educational packet to distribute to realtors to hand out to new people moving into the county. Ms. Kubin described the importance of volunteers for some of the other extension programs, such as the Master Gardeners, Master Composters, Food Safety Advisors, Partners in Parenting, etc.

3. Use of Technology: Mr. Hamblen and Ms. Kubin informed the Board that all of the Service in Action sheets are now on CD-ROM.

4. Update on Ag Symposium: Ms. Kubin and Mr. Hamblen requested guidance and clarification from the Board regarding what expectations they hope to achieve from the Ag Symposium. Chair Disney responded that the purpose of the Symposium will be to explore ways to preserve agriculture land in Larimer County and to find ways to make agriculture a viable business - he wants to listen to representatives from the ag community to determine how they can effectively work together to preserve ag land. Commissioner Clarke stated that we need to meet with the farmers and ranchers to figure out a way to turn farming around so they aren't forced to cash in on their last crop--which is development. Commissioner Duvall stated that she and attorney Bill Brown have been compiling an invitation list of a small working group and have drafted a letter to invite those persons to a brainstorming meeting to try and find a way to keep the open space land in agriculture and to explore other available tools, such as transferable development rights; she wants the group to focus on solutions and to decide what government can do to help the farmers. Mr. Hamblem described some fears and concerns the farmers have about joining such a group. It was decided that between 25-30 people would be a workable number for the group and they will try to schedule an evening meeting in May.

5. Open House Invitation: Mr. Hamblen invited the Board to an Open House at ARDEC on August 12, 1995.

5. Space Stations: Discussion followed regarding the crowded conditions in the Extension Office; the Board indicated they are working on the problem. Ms. Kubin submitted a Useful Information Fact Sheet to the Board, noting that it will be distributed quarterly to the top twenty employers in the County as an informational tool regarding all the services offered by Extension, and inviting those employers to use any or all of the information in their own in-house newsletters.

The meeting adjourned at 4:20 p.m.

WEDNESDAY, APRIL 19, 1995

ADMINISTRATIVE MATTERS

(#267 & #262 @ 3800)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; Chair Disney was speaking to the Estes Park Chamber of Commerce Board of Directors this morning. Also present were: District Attorney Stu VanMeveren; Treasurer Chuck Woodward; Deputy Treasurer Irene Josey; Bob Martell, Purchasing Agent; Dr. Keith Olson, Mental Health Director; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. PROCLAMATION FOR CRIME VICTIMS' RIGHTS WEEK - APRIL 23-29, 1995: Mr. VanMeveren reviewed the statistics of the number of victims resulting from crimes committed annually and expressed appreciation to the Board for proclaiming the week of April 23 to April 29, 1995 as Crime Vicitims' Rights Week; Chair Pro-Tem Clarke read the Proclamation aloud.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners proclaim the week of April 23 to April 29, 1995 as Crime Victims' Rights Week, and authorize the Chair Pro-Tem to sign the Proclamation.

Motion carried 2 - 0.

2. WAIVER OF PURCHASING PROCEDURE FOR TREASURER'S PURCHASE OF TAX FORMS: Mr. Woodward stated that in the best interest of the taxpayers of Larimer County, he is requesting Board approval of a waiver of the purchasing policy for the purchase of tax statements to allow the Treasurer's Office to use a vendor other than the lowest bidder. Ms. Josey explained the reason for this request, noting that the lowest-bid vendor representative requested an extension of time to submit their bid, was unprofessional and difficult to deal with on the phone. Mr. Martell stated that the reasons given, as listed in a memo to him, are not valid reasons for not accepting the lowest bid and he voiced his objections to the request for the waiver. Ms. Josey stated that the Treasurer's Office would like to accept the higher bid of BOSS Associates, because they have received superb service from them in the past and have always delivered high quality products. Much discussion followed; the Board expressed their appreciation to Mr. Martell for all his hard work and efforts and for coming to them to express his opinion in this matter.

M O T I O N

Commissioner Duvall moved that the Board authorize the waiver of purchasing procedures to allow the Treasurer to purchase tax forms from a vendor other than the lowest bidder, based on quality of service and at the recommendation of the Treasurer.

Motion carried 2 - 0.

3. REQUEST FOR APPROVAL OF ISLAND GROVE AGREEMENT: Dr. Olson reviewed the background of this agreement for Chair Pro-Tem Clarke and noted that in the past, the agreement with Island Grove for detoxification services for Larimer County residents was in the form of a letter. This year, because of the expanded services and the increase in County contribution, an agreement was drafted and submitted for the Board's approval and signature. The Board expressed appreciation to Dr. Olson for his efforts in bringing about the revised formula for contributions, which have resulted in increased contributions from the cities, and not such a large percentage share for the county.

M O T I O N

Commissioner Duvall moved that the Board authorize the Chair Pro-Tem to sign the Agreement with Island Grove Treatment Center for detoxification services for Larimer County residents.

Motion carried 2 - 0.

A95-42 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ISLAND GROVE REGIONAL

TREATMENT CENTER, INC.

Commissioner Duvall noted that she will be attending the Mental Health Advisory Board Meeting this evening, representing the Board of County Commissioners; she asked Chair Pro-Tem Clarke if he agreed for her to relate to the Advisory Board that the Commissioners would like for them to be more involved and not just a rubber stamp; Chair Pro-Tem Clarke concurred.

4. WORKSESSION:

-- Update on Cable TV Access: Mr. Lancaster reported he recently attended a meeting with Carson Hamlin from Channel 27 and River Oaks Communications and he submitted a quote for providing cable television equipment and installation for Larimer County. The cost for installation of cable equipment in the Commissioner's Hearing and Conference rooms, with three stationary cameras remotely accessed from a control room with one operator, will cost approximately $151,000. Mr. Lancaster stated they are looking at a 6 to 9 week delivery time and a one-week installation time; in addition, they will re-do the sound system in both rooms. Mr. Lancaster noted that a concern with timing for installation is Board of Equalization in July. Chair Pro-Tem Clarke stated that he thinks this cost could be negotiated down to at least $120,000. Mr. Lancaster stated that he anticipates this turning into a partnership with Fort Collins and hopefully the county can share operator costs with them. After discussion, the Board instructed Mr. Lancaster to move forward as quickly as possible and prepare the request for bids and try to have it installed in June.

-- Timing for Subdivision Road Maintenance Policy: Mr. Lancaster requested direction from the Board when he should list discussion of the subdivision road maintenance policy on his pending-action sheet; the Board informed Mr. Lancaster they want to have this discussion as soon as possible.

-- EAB Environmental Awards Program: Mr. Lancaster stated that the Environmental Advisory Board is working on the Environmental Awards Program; they want to recognize different groups and individuals in the county who are exemplary in their environmental activities and they have asked what role the Board would like to play in the selection. After discussion, the Board said a recommendation should be made by the EAB Board and the Commissioners will back their decision and it will be a joint award.

-- Items for Policy Worksession Discussion: Mr. Lancaster asked the Board what topics they would like to discuss during Policy Worksession, in addition to policy for appointed and classified recommendations; Commissioner Duvall stated she would to discuss adoption of a procedure where the Board will make policy decisions at a certain time of the day or night, so the public will know when policy decisions will be made. Other topics to be discussed will be Monday night land-use meetings and they will try and bring closure on a decision regarding boards and commissions.

-- Cabinet Meeting Agenda Items: Several items for discussion at the next Cabinet Meeting were raised and discussed; the Board decided on: 1) Philosophy regarding termination payments; 2) Control versus service; 3) Mandatory Training for Supervisors and Management Philosophy; and if time 4) Discussion of Survival Behavior

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

6. COMMISSIONERS' REPORTS:

-- Commissioner Duvall reported that Senate Bill 225, the cluster development bill, is going before committee on Thursday afternoon and she recommended the Commissioners attend; therefore, she suggested that the Partnership Land Use System Steering Committee, which is scheduled for Thursday afternoon, be rescheduled.

-- Commissioner Duvall reported she had a discussion with Dennis Hogarty, Chair of the Board for "Communities and Schools" regarding their budget proposal; she noted they are going to ask for funding from the community but, in the meantime, he is requesting seed money from the county to keep it functioning. Commissioner Duvall requested Mr. Lancaster to schedule a meeting with the Board, Doug Keasling, Sheriff Shockley, Laurie Klith, Keith Olson, etc. to discuss this request.

-- There was much discussion of the meeting the Board had yesterday with regard to offering tax incentives to Hyundai; Commissioner Duvall stated that in addition to her concern regarding procedure, her understanding of the decision made yesterday was that it was a draft decision of a possibility, but not a final decision and that there would be another meeting or hearing for further discussion and public input. Chair Pro-Tem Clarke agreed that the Board indicated they were willing to talk about incentives up to those numbers, provided they do certain things. Commissioner Duvall suggested that a press release of a retraction be issued to counter the article in today's paper.

7. DOCUMENT REVIEW: Chair Pro-Tem Clarke requested that the Agenda for the week of April 24, 1995 be removed from the Consent Agenda for Document Review for April 19, 1995.

M O T I O N

Commissioner Duvall moved that the Board approve the items listed on the Consent Agenda on Document Review for April 19, 1995, as outlined below:

MINUTES for the weeks of March 20, 1995 and April 11, 1995. MISCELLANEOUS DOCUMENTS: Jenks Amended Exemption; Dixie Park Amended Plat; Windcliff Estates - 6th Amended Plat of Lots 1 & 2; Windcliff Estates - 6th Amended Plat of Lots 3 & 4; Amended Plat for Gray's Subdivision and Club View Estates; Johannsen-Trotter Minor Residential Development; and Wiant Minor Residential Development Plat. LIQUOR LICENSES: A Liquor License was issued to Al Fresco Great Italian Food, Inc. - 6% with Extended Hours - Fort Collins, CO. County Approval was granted to: Rainbow Plaza, Inc. - 6% - Loveland, CO. and for Total #2743 - 3.2% for a Change of Corporate Structure - Loveland, CO.

A95-43 LAND AND WATER CONSERVATION FUNDING AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE STATE OF COLORADO, DEPARTMENT OF NATURAL

RESOURCES, DIVISION OF PARKS AND OUTDOOR

RECREATION (Sleepy Hollow Park Restroom Development)

A95-44 CHILD SUPPORT ENFORCEMENT AGREEMENT FOR

SERVICES BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, THE LARIMER COUNTY DEPARTMENT

OF SOCIAL SERVICES, AND THE COLORADO CHILD

SUPPORT SERVICES, INC.

R95-47s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

WIANT MINOR RESIDENTIAL DEVELOPMENT.

R95-48s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

JURS MINOR RESIDENTIAL DEVELOPMENT.

R95-49s RESOLUTION CONCERNING THE ROCKVIEW PLANNED

UNIT DEVELOPMENT (Approval of Storck's Request for

Reconsideration for the Rockview P.U.D.).

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved the Board approve the Agenda for the week of April 24, 1995, as amended.

Motion carried 2 - 0.

8. EXECUTIVE SESSION - NEGOTIATIONS:

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 11:30 a.m. with Paul Cooper, Director of Community Corrections, and Dick Anderson, Facilities Manager, to discuss contract negotiations.

Motion carried 2 - 0.

The Executive Session ended at 11:45 a.m.; no action taken.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


______________________________________

Sherry E. Graves, Deputy County Clerk


_______________________________________

Aimee Jensen, Deputy County Clerk

April 18, 1995