> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 2, 1995

LAND-USE PLANNING MEETING

(#377, #379 & #378)

The Board of County Commissioners met at 3:00 p.m. in regular session with Russ Legg, Chief Planner. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Rob Helmick, Planner II; Jerry White, Zoning Administrator; Rex Burns, Engineering Department; Doug Ryan, Environmental Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney stated that the Aspen Acres Mobile Home Park (#94-ZR0516) has been withdrawn from today's agenda.

Chair Disney noted that the following are consent items and will not be discussed unless requested by the Board or members of the audience.

1. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT, 1ST AND 2ND

FILINGS, RELEASE OF COLLATERAL (#93-MS0347 & #94-MS0502):

23--06-68; 1/2 MILE SOUTH OF STATE HIGHWAY 392 AND 1/4 MILE

EAST OF COUNTY ROAD 3; 210.09 ACRES; 105 LOTS; FA-1 FARMING

ZONING.

This is a request for release of collateral for Highland Hills 1st and 2nd Filings; the County Engineer has reviewed the request and stated approval. The Staff recommendation is for: 1) Approval of the request to release the collateral for Highland Hills 1st Filing, with the condition that warranty collateral be provided which does not expire prior to February 10, 1997; and 2) Approval of the request to release the collateral for Highland Hills 2nd Filing, with the condition that warranty collateral be provided which does not expire prior to August 28, 1997.

2. TRAPPER'S POINT 1ST FILING RELEASE OF COLLATERAL

(#92-SU0156): N 1/2 OF 02-07-68; NORTH OF COUNTY ROAD 48,

1/2 MILE WEST OF COUNTY ROAD 3; 102.65 ACRES; 18 LOTS;

FA-1 FARMING ZONING

This is a request for release of collateral for Trapper's Point 1st Filing that was provided to cover the costs remaining after a July 5, 1994 inspection by Public Works. The collateral is a check for $10,000 from the developer. The Staff recommendation is for approval of the collateral in the amount of $10,000.

3. EAGLE LAKE SUBDIVISION 6TH & 7TH FILINGS (#95-SU0718):

23-08-69; NORTH OF COUNTY ROAD 54 (DOUGLAS ROAD) IN THE

EAGLE LAKE DEVELOPMENT, OFF OF EAGLE LAKE SOUTH ROAD;

62.08 ACRES; 24 LOTS; FA-FARMING ZONING

This is a request for Preliminary Plat approval for Filings 6 & 7 of the Eagle Lake Subdivision; 24 single family residences on Lot 2.3-3.6 acres in size. The Staff Findings include: 1) The lot sizes and layout are compatible with the surrounding area; 2) The Land Use Plan indicates that this area is Rural Non-Farm. The pattern of development and level of services available are consistent with the adopted plan; 3) The comments and findings received from the reviewing agencies do not indicate a conflict with the proposed plan; 4) The proposed plan meets the technical requirements of the regulations; 5) No service provider has indicated an adverse impact or deficiency of service as a result of this development; 6) The applicant will need to complete a traffic study. The results of this study may require the improvement of the intersection of Douglas Road and Highway 1; 7) Impact on drainage has been reviewed and found to have no conflicts with existing uses and plans; 8) The lot layout is consistent with the topography and the geology of the site is appropriate for development; 9) The Division of Wildlife has reviewed the plan and prior plans and recommended a 100-150 foot buffer to the lake and riparian areas. Additional notes to future residents have been required to avoid undue impact on the wildlife in the area; 10) The proposal is consistent with the approved Master Plan for the Eagle Lake Subdivision. This plan was approved in 1994 and is in effect until 1999. There is no indication or comment which of any changed circumstances would alter the original finds and approvals.

The Staff/Planning Commission Recommendation is for approval of Eagle Lake Subdivision 6th and 7th Filings, with the following conditions: 1) Perpetual maintenance of the individual sanitation systems by HOA; 2) The plat shall be noted to indicate a buffer area around the lake. No harassment of wildlife permitted. Lake use limited to wind, people and electric powered boats. The buffer around the lake and riparian areas is 100 feet from rear property lines; this buffer area shall be used and managed to enhance wildlife; 3) All lots in this subdivision are served by individual on-site sewage systems. (See the Declaration for Eagle Lake 6th and 7th Filing for special covenants, rules and regulations regarding management and maintenance of these systems). Prior to issuance of a building permit, each property owner shall describe, grant and record with the Larimer County Clerk and Recorder an easement of at least 14,000 square feet for the construction, maintenance and replacement of the on-site sewage system. The location of the easement shall be supported by soil test data, and issuance of an Individual Sewage Disposal System Permit meeting the requirements of the Larimer County Health Department. The easement area shall be exclusive of buildings and easements reserved for other purposes, except for an existing non-exclusive spillway easement granted to the Water Supply and Storage Company. A copy of the recorded easement shall be submitted as a part of any building permit application; 4) The applicant shall complete the necessary traffic study which shall specifically address the necessary improvements to the intersection of Douglas Road and Highway 1. The applicant shall be obligated to obtain right-of-way and construct the improvements, if warranted. If not warranted at this time, the applicant shall be obligated to participate in the construction when warranted; 5) Required signatures by appropriate authorities; 6) Final approval of drainage plans, including the appropriate ditch companies; 7) Passive radon testing must be completed on each residence prior to Certificate of Occupancy; 8) Final wetlands must be reviewed by the Corps of Engineers; 9) Engineered footings and foundations area required.

4. PRAIRIE TRAILS PLANNED UNIT DEVELOPMENT (#94-MS0441):

NW 29-05-69; SOUTH SIDE OF COUNTY ROAD 18, 1/2 MILE EAST OF

COUNTY ROAD 23E; 61.36 ACRES; 47 LOTS (2 EXISTING);

R-RESIDENTIAL, FA-FARMING ZONING

This is a request for a Master Plan for the second phase Planned Unit Development on a 61.36 acre parcel with a total of 47 single family lots (2 existing); Phase I Preliminary Plan on 35 acres for 29 lots. The Staff Findings include: 1) The application meets the density and other basic requirements of the adopted regulations of Larimer County; 2) Sewer service and fire protection are available to this site; 3) Water service is available from the Little Thompson Water District; 4) The zoning, density and application of the PUD are appropriate; 5) Waivers have been approved for the off-site street improvements by the City of Loveland, pursuant to the IGA; 6) The City of Loveland has not specifically commented on the application; 7) The staff would note that we continue to be concerned about the timing of this proposal. The site is in the Urban Growth Area, and staff has previously identified issues with the sequencing of development in this area; 8) The improvements necessary to address the inadequacies of the off-site roads and CR 18/14th St. SW are significantly compensated by the proposed fees to be paid by the lot owners.

The Staff/Planning Commission Recommendation is for approval of the Master Plan and Preliminary Plan for Phase I, and approval of the requested off-site road waiver for Prairie Trails Planned Unit Development, with the following conditions: 1) Radon testing shall be conducted prior to Certificate of Occupancy; 2) Final groundwater analysis and plan to be completed. This plan must respect and assure the legal interests of adjoining property owners to uninterrupted groundwater flow; 3) Off-site road fees to be paid as agreed to by the City of Loveland; 4) Park fees to be paid at the time of building permit; 5) The trail along the Home Supply ditch to be negotiated with the Parks Department; 6) Ditch agreements with Home Supply and South Side Ditches; 7) Final wetlands determinations and permits for ponds and approved by the Army Corps of Engineers, as necessary; 8) All building permits shall require engineered footing and foundations; 9) Applicant shall provide a bus shelter and turnaround, as requested by the School District; 10) Final storm drainage plan shall be prepared by the applicant and reviewed and approved by the Public Works Department prior to Final Plat; 11) All final design and engineering must comply with requirements of the Public Works Department; 12) The applicant shall indicate on the Final Plat or accompanying documents, building envelopes designated on the Final Plat that are consistent with the preliminary plan, covenants, architectural review and HOA documents; 13) Fire hydrants shall be located per the requirement of the Loveland Fire Prevention Bureau and meet the pressure and flow requirements; 14) The applicant shall confer with Little Thompson Water District that there will be adequate water pressure guaranteed for the subdivision; 15) All lots shall be located out of the wetland areas; 16) The Public Works Department shall grant a variance on the western access; 17) Sidewalks shall be provided on one side of Prairie Trails Drive to the first intersection with County Road 18.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/ Planning Commission Recommendations and approve the Highland Hills Planned Unit Development 1st and 2nd Filings Release of Collateral (#93-MS0347) and (#94-MS0502); Trapper's Point 1st Filing Release of Collateral (#92-SU0156); Eagle Lake Subdivision 6th & 7th Filings (#95-SU0718); and the Prairie Trails Planned Unit Development (#94-MS0441); each, with the conditions as outlined above.

Motion carried 3 - 0.

5. EDWARDS-SMITH SUBDIVISION (#94-SU0608): NE 31-06-68; WEST

OF COUNTY ROAD 11C, 1/4 MILE SOUTH OF COUNTY ROAD 28;

7.04 ACRES; 3 LOTS; FA-FARMING ZONING

This is a request to divide 7 acres with 2 existing dwellings into 3 lots of 2.3 acres, 2.3 acres and 2.4 acres for single family dwellings. This item was previously listed on the consent agenda, but was pulled from that agenda at the request of a member in the audience. Mr. Helmick described the proposal; the applicant, Mr. Edwards, stated he has no objections to the conditions as outlined. The Staff Findings are: 1) The request is compatible with the surrounding area. The addition of one new lot to the existing subdivided area will not alter the character of the area; 2) The site is located within the Loveland UGA. Although the plan assumes that urban service will be available for development which may occur at urban densities, this site is remote from services or any likelihood of service. The underlying zoning allows this density proposed, and a waiver from the phasing criteria have been applied for; 3) The City of Loveland has recommended approval of the waivers for off-site roads and the sewer capacity phasing criteria; 4) No reviewing agencies have comments or findings which would indicate issues with this proposal; 5) The additional impact created on services by the additional lot is minimal; 6) No referral comment has indicated any adverse impact created by the additional traffic generated by the one new lot; 7) There will be minimal additional impervious area. This will not have a significant drainage impact; 8) The IGA requires all residential land division to be PUDs; this requirement for this single additional lot is unrealistic and should be waived.

The Staff/Planning Commission Recommendation is for approval of the Edwards-Smith Subdivision preliminary plan and the phasing criteria waivers for off-site roads and sewer, with the following conditions: 1) Engineered footings and foundation shall be required; 2) Residential fire sprinklers shall be required unless the residential structure on the new lot is within 300 feet of a fire hydrant; 3) The off-site street waiver fees and Loveland Street Capital Expansion Fee be paid at time of building permit; 4) The required park fees and drainage fees shall also be paid at time of building permit; 5) Applicant shall provide evidence of coordination with the lake company regarding drainage; 6) Passive radon testing shall be conducted prior to Certificate of Occupancy; 7) A final drainage plan and easement shall be prepared and executed as necessary; 8) A specific waiver to the requirement for a PUD within the UGA be approved; 9) The requirement for road improvements to improve Kaiser Lane to an urban standard be waived.

Nancy Aga, adjacent property owner, submitted a map highlighting the proposed division and the location of their home and stated that they built their home on its present site because of the view of the mountains and lake; she noted that the elevation of the subject property is at a higher elevation and a home built on that site will obstruct their views. Ms. Aga stated they are the only neighbors affected by this division, and they don't want to cause trouble, but they also don't want to be victims. Much discussion followed; Mr. Edwards noted that when he started this proposal two years ago, they contacted all the homeowners to let them know what they were proposing. Mr. Edwards stated that they were contacted by the Aga's one week ago and since then have agreed to a compromise with them regarding a shared driveway and a building envelope; he noted he does not think the Aga's will lose all of their view if this request is approved. Commissioner Duvall stated that, in her opinion, it does not seem fair for an adjacent subdivision to be sacrificed to allow the Edwards to divide their seven acres further; Commissioner Clarke noted that this issue is a matter of property rights with respect to an individual landowners expectations.

M O T I O N

Commissioner Duvall moved that the Board deny the Edwards-Smith Subdivision (#94-SU0608).

Motion carried 3 - 0.

6. FEIGHNER AMENDED MINOR RESIDENTIAL DEVELOPMENT LOT

(#95-EX0750): 36-04-70; 1870 SHERLYN COURT, SOUTH OF COUNTY

ROAD 4; 5.03 ACRES; FA-1 FARMING ZONING

This is a request to modify the condition of approval of allowing only single family residential use of the Feighner MRD to permit the construction of a 60' x 200' greenhouse for the growing and sale of wholesale vegetables. Mr. Helmick stated that on August 28, 1995 this matter was heard by the Commissioners and at that time was tabled to allow time for the neighbors to meet and discuss the issues and try and reach an agreement on the size and scale of the greenhouse; he noted that the meeting was held and a scaled down plan of the greenhouse was presented. Mr. Helmick stated that it appears that no consensus was reached at the meeting; the applicant held the neighborhood meeting in good faith, but was not able to persuade the neighbors to support his proposal. The Staff Findings are: 1) The Feighner Minor Residential Development was approved on 1993; 2) The condition of approval limiting uses to single family residential and accessory use was imposed at the time of approval; 3) The condition is standard for all Minor Residential Developments; 4) The use of the property for a greenhouse is allowed by the underlying zoning, FA-1; 5) There are other non-residential uses in the area; 6) The applicants have reduced the size of the proposed greenhouse to 3,000 square feet; 7) As a wholesale use, the greenhouse will not generate significant additional traffic.

The Staff Recommendation is for approval of the requested change on condition, subject to the following conditions: 1) This approval is only for the use as a wholesale greenhouse; the facility shall not be open to the public or available for retail sales; 2) If a subsequent request is made to change the use to allow for retail sales or general public access, a traffic study shall be required; 3) The applicant shall join and participate in the HOA for Sherlyn Court and is further required to assess for additional road maintenance costs caused by this use; 4) The greenhouse is limited to no more than 3,000 square feet; 5) Traffic to the greenhouse shall be limited to the vehicles of the owners or their employees; 6) The sound generated by the air handling equipment for the greenhouse shall not exceed the statutory limits for noise in a residential area.

Applicant Rose Whitley addressed the Board and stated that the purpose for the greenhouse is to have a small family business and stay home with her family; she noted that greenhouses are allowed in this area, except for the two lots which are in the MRD, and the structure will only be 29 x 100 in diameter and 14 feet high. The following adjacent property owners spoke in opposition to the greenhouse: Rhonda Smith, Bob Godo, Attorney Bill Kaufman (representing Darrell Brown), Dave Smith, Joan Dougherty, and Sandy Johnson. These persons cited their concerns of view obstruction, the MRD only allows single family residences, airhandler noise, reduction in property values, possible future expansion, opposition to commercial business in the area, etc. Ms. Whitley responded to the concerns raised and stated that they have no intention of expanding their business and what is proposed will not increase traffic. Discussion and questions from the Board followed. The possibility of limiting this use to this ownership only was suggested; Mr. White responded that limited use is effective when a physical structure is not built, but suggested that specific criteria could be placed on the approval.

M O T I O N

Commissioner Clarke moved that the Board approve the Feighner Amended Minor Residential Development for Lot 1 (#95-EX0750) with revised conditions stating that it will be a wholesale greenhouse only and no customers allowed, condition #2 deleted, the size limited to 2900 square feet, traffic limited to vehicles of owners of the property and possibly for one employee, and no grow lights allowed.

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

8. JENSEN BOAT & RECREATION CENTER (#95-MS0717): SE 1/4

10-06-68; WEST SIDE OF INTERSTATE 25, SOUTH OF COUNTY

ROAD 36; 63.27 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to subdivide 63.27 acres into 2 parcels of 25.39 & 37.88 acres and to rezone from FA-1 Farming to C-Commercial to allow a boat sales & service operation, with the adjoining lake being used for test driving, boating safety classes, fishing and scuba classes. Mr. White described the project and reviewed the major concerns and issues, including utilities and service, access, site development, drainage and flood plain, and the comments from the reviewing agencies. Staff Findings include: 1) The proposed rezoning and commercial development are not consistent with the "Plan for the Region between Fort Collins and Loveland", which is an element of the County Land Use Plan; 2) The proposal is not supported by a material change in the area affecting the subject property, which would justify the rezoning; 3) The rezoning would constitute a spot zone; 4) Approval of the rezoning would set a precedent for additional commercial development in areas of the County where such development is not appropriate; 5) Urban level services are not available to support commercial development in this area; 6) There is nothing unique about this property, as compared to other similar properties, in the area, which would justify the rezoning and commercial development. The Staff/Planning Commission Recommendation is for denial of the proposed subdivision and rezoning.

Mr. Jim Sell, of Jim Sell Design and representative for the applicant, addressed the Board stating that this is a good project, is consistent with the Corridor Plan, provides an opportunity for setting a positive precedent as a compromise in dealing with the Corridor Plan by cooperatively allowing some commercial development to occur that includes clustering with 86% of the site remaining in permanent open space; and he noted that within the FA-Farming zoning, uses are allowed that could have a fairly intensive effect in the future at this site. Mr. Sell reviewed maps of the site and how this proposal is consistent with the planning goals of the Corridor Plan; he noted that this project was in the pipeline before that Plan was adopted, but it does meet the requirements of the Plan. Mr. Sell presented slides showing the area. There were approximately 30 to 40 persons in the audience and Mr. Sell asked for a show of hands of those in support of this project; everyone raised their hand and there was no one in opposition. Mr. Sell summarized the positive points for the Board for approving this proposal: 1) The batch plant will be removed immediately; 2) It will provide a real convenience for boaters in Larimer County; 3) The amount of congestion on local reservoirs will be reduced; 4) At least three billboards along I-25 will be removed; 5) It will provides over 1/2 mile of trail easement; 6) It will provide a higher level of gravel pit reclamation; 7) It will provide for 86% lake and landscaped open space and wetlands; 8) The rural character of the area will be insured by a deed restriction placed on the land.

At this time, the hearing was opened for public comment and the following persons addressed the Board in support of this proposal: Ken Ashley, Mike Carrigan, Bob Huff, Darrell Palmer, and Rick Van Fleet. These persons stated that sometime in the future, something will be approved for this site and this proposal is a good use for this land as it will fulfill a real need in Larimer County and be good for the economy; they complimented the Board for their vision with regard to controlling growth, but noted that it cannot be stopped but the Board can screen projects and this is a good project.

At this time the public comment portion of the hearing was closed and questions and discussion among the Board followed. Commissioner Clarke stated he thinks this is a positive location for a low-intense commercial development and it is consistent with the Corridor Plan. Chair Disney recommended this matter be sent back to the Planning Staff to work out conditions for approval relating to: 1) The number of vehicles allowed for display; 2) Landscaping; 3) Signage; 4) Hours of operation; 5) Concern for property to the west if it becomes a TDR receiving area; 6) The lake not open for general public use. In addition to Chair Disney's concerns to be addressed, Commissioner Duvall expressed a concern about the RV camper sales, provision of fire protection, the engineered septic system, and she requested clarification of what 'Recreation Center' means; she noted she favors this becoming a receiving area. Commissioner Duvall also expressed concern that if the water line is extended, it will open a whole new area for development. Mr. White informed the Board that two options for the Board to consider are to: 1) Take the matter under advisement and direct staff to work on conditions to address the technical issues or, 2) Table the proposal and request staff to work out conditions which will be presented at a future date and then, at the time, the Board will render their decision.

M O T I O N

Commissioner Duvall moved that the Board table the Jensen Boat & Recreation Center (#95-MS0717) until November 13, 1995 to allow staff time to work with Mr. Sell and the applicant to work out conditions relating to all the questions and concerns raised by the Board.

The meeting adjourned at 6:45 p.m.

TUESDAY, OCTOBER 3, 1995

ADMINISTRATIVE MATTERS

(#380 & #381)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Dr. Keith Olson, Director of Mental Health; Ralph Jacobs, Director of Human Resources; Roger Fraser, Citizen's Security Initiative Project Coordinator; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared today to address the Board during the Open Session.

2. REQUEST CHANGE IN STAFFING FOR PSYCHIATRIC COVERAGE FOR THE MENTAL HEALTH DEPARTMENT: Dr. Olson requested Board approval for a change in staffing plan for the Mental Health Department. Dr. Olson noted that this request was precipitated by Dr. Ekholm requesting a reduction of her affiliation with the Center to half-time; he stated that this reduction in Dr. Ekholm's hours presents an opportunity for a slight re-design in the psychiatric staffing and the changes being recommended will result in a much better staffing pattern for the Center and the increase in costs can and will be absorbed within the current Center budgeted funds and additional earnings. Dr. Olson described in detail the proposed staffing changes, which will result in three half-time (.5) positions and one .6 position and will provide more flexibility and much better coverage at the Center during vacation times; he noted that the proposed salaries are all below the average salaries paid to psychiatric staff in other mental health Centers in the State. Mr. Jacobs concurred that the proposed salaries are not unreasonable according to the market and the proposal is a reasonable approach; he noted that the Human Resources Department supports the request. Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the staffing changes in the Mental Health Department, as outlined in the memo from Dr. Keith Olson, dated September 27, 1995.

Motion carried 3 - 0.

3. OVERSIGHT COMMITTEE FOR FACILITIES PROJECT: Roger Fraser noted that in regard to the planning for the Civic Center Master Plan which is underway by the City of Fort Collins, Mayor Azari is very interested in establishing a joint committee to function between the City and the County in a monitoring role so as the plan is developed the county will be informed. Mr. Fraser stated there is a committee of the Council that meets once a month that intends to have as a part of their agenda a regular briefing on the planning process and they have suggested that a representative from the Board might be interested in sitting in on that briefing; Commissioner Clarke stated he will attend those briefings and Chair Disney stated that if they do something similar with the City of Loveland, he will attend those briefings. In addition, Mr. Fraser noted that the City has suggested a list of people to represent the County on an on-going basis with respect to their advisory team; he mentioned several people from the original building project team to help in that planning process and he asked for suggestions from the Board and they provided him with quite a few names. Mr. Fraser submitted a proposed project work schedule from October 1994 through August 1995 and requested input and suggestions from the Board; Commissioner Clarke offered major revisions to the timeline and much discussion followed regarding the composition of members to serve on the new Advisory Committee.

4. RESOLUTION SUPPORTING INTERGOVERNMENTAL COOPERATION: Mr. Lancaster requested Board approval and the Chair's signature on a resolution supporting intergovernmental cooperation related to regional planning; he noted this resolution supports the findings of the Northern Colorado Regional Planning Study.

M O T I O N

Commissioner Duvall moved that the Board approve the Resolution Supporting Intergovernmental Cooperation Related to Regional Planning and Establishing a Framework for Further Regional Cooperation, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-147g RESOLUTION SUPPORTING INTERGOVERNMENTAL

COOPERATION RELATED TO REGIONAL PLANNING AND

ESTABLISHING A FRAMEWORK FOR FURTHER REGIONAL

COOPERATION

5. REQUEST FOR PERSONNEL POLICY WAIVER FOR HAZARDOUS WASTE TECHNICIAN: Mr. Lancaster reminded the Board that last week the Board approved a staffing change in the Natural Resources Department to increase the current part-time temporary Hazardous Waste Technician position to a full-time permanent status; he noted that today the Board needs to approve a waiver of the Personnel Policy to hire that person who has been in the part-time position for five years, rather than advertise for the position.

M O T I O N

Commissioner Clarke moved that the Board approve the request to waive the Larimer County Personnel Policy to allow the Natural Resources Department to convert the existing Hazardous Waste Technician from a temporary to regular full-time position.

Motion carried 3 - 0.

6. WORKSESSION:

-- Discussion of Manager's EAB Responsibilities: Mr. Lancaster noted that he became the liaison to the Environmental Advisory Board when he was the Director of Natural Resources and that responsibility, rather than staying with the position, transferred with him when he became County Manager. Mr. Lancaster requested concurrence from the Board to be relieved of that responsibility because of a conflict he has on Tuesday nights and also because of his many other responsibilities in his new position. The Board concurred with Mr. Lancaster's request and Chair Disney suggested that Doug Ryan, the new Environmental Health Planner, would serve well in this position. Mr. Lancaster noted he would like to stay on as a member of the Environmental Management Team.

-- Discussion of Privatization Project: Mr. Lancaster provided an update on the Commissioners' Privatization Project; he reviewed the objective, proposed plan and committee membership, and requested comments and suggestions from the Board. Discussion followed and the Board provided Mr. Lancaster with additional names to contact to serve on the committee.

-- Waiver of Costs to City of Fort Collins for Trucks: Mr. Lancaster stated that the Board has received a request from the City of Fort Collins to waive the costs ($7,500) for borrowing county trucks last weekend for tree and limb cleanup and he noted that they will probably be used again this weekend. Mr. Lancaster stated that the City is estimating that the cleanup, resulting from last week's snow storm, will be over $1 million. Commissioner Duvall questioned doing this for the city residents but not for county residents and wondered if some help could be extended to them; Mr. Lancaster noted that the landfill costs will be over $40,000 to $50,000. Much discussion followed.

M O T I O N

Commissioner Duvall moved that the Board approve a waiver of costs, up to $15,000, to the City of Fort Collins for using county trucks for tree and limb pickup, due to the heavy damage created by the recent snow storm.

Motion carried 3 - 0.

-- Items for Next Weeks Standing Meetings: Mr. Lancaster reviewed the agenda items listed for the Human Resources Standing Meeting next week and asked the Board for suggestions; the Board offered no additions to the agenda.

-- Invitations: Ms. Hart submitted the registration form to the Board for the CCI 88th Annual Winter Conference, which is to be held in Colorado Springs November 27-30, 1995.

7. COMMISSIONER REPORTS:

-- Commissioner Duvall reported on a meeting she attended yesterday with the Poudre Valley Hospital District and she noted they are interested in joining a partnership with the Communities in Schools; they are working on a proposal to combine Communities in School, Build a Generation, and a program called POPS.

-- Chair Disney reported on the breakfast meeting he attended this morning regarding Transportation Demand Management Programs and noted it was well attended and everyone was enthusiastic.

At this time, County Attorney George Hass, Director of Engineering Elaine Spencer, and Code Enforcement Officer John Pedas joined the meeting for Legal Matters.

8. LEGAL MATTERS:

Discussion of Right-of-Way Issue at the Forks: Mr. Hass discussed a situation with the Board concerning a right-of-way (which has underground storage tanks and gas pumps) at the Forks; this discussion was precipitated by a letter received from Mr. Roberts in which he is proposing to buy the ROW from the County for $1 and he will agree to re-convey the ROW to the county for $1 upon request. Much discussion followed regarding who would be liable if an accident occurs, governmental immunity, requirement of an indemnification agreement with Mr. Roberts, an incorrect survey completed in 1990, unclear records whether or not the County acquired the ROW from the State in 1953, etc. Chair Disney suggested that the county surveyor look at the two surveys of this site, research the records, and report back to the Board so the issue can be resolved; it was noted there is also a water issue to be resolved.

Response On Injunction to Stop Road Construction at Owl Canyon: Mr. Hass informed the Board that, after reviewing the injunction filed by Marvin Tull ordering that the Owl Canyon road construction project be stopped, there is no reason to stop working; he noted that a hearing needs to be scheduled to review the matter and that could take several weeks to schedule. Ms. Spencer noted that the completion date for the Owl Canyon project is November 6, 1995.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of September 25, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Schedule for the week of October 9, 1995, as submitted and revised.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents as listed on the Consent Agenda for Document Review on October 3, 1995.

LIQUOR LICENSES: County Approval was granted to the Fort Collins Country Club - 6% - Fort Collins, CO.; Mexican Inn - 6% - Loveland, CO.; and Red Feather Lakes Cafe & Bar - 6% - Red Feather Lakes, CO.

A95-110 LARIMER COUNTY, COLORADO CONTRIBUTORY RETIREMENT

PLAN AND TRUST AGREEMENT AMENDMENT III

C95-55 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OFFICE OF TRANSPOR-

TATION SAFETY (Transportation Safety Alcohol Prevention)

R95-148s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

LIEBL MINOR RESIDENTIAL DEVELOPMENT

R95-149s FINDINGS AND RESOLUTION APPROVING THE WOOD MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R95-150s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

ACCESS EASEMENT IN CRYSTAL LAKES 8TH FILING, LOT 87

R95-151s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF EAGLE CREST SUBDIVISION

R95-152s FINDINGS AND RESOLUTION DENYING THE DEVORE MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R95-153s FINDINGS AND RESOLUTION GRANTING THE WILFORD

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R95-154s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PHASE PLAN OF HIGHLAND HILLS PLANNED UNIT

DEVELOPMENT, 3RD FILING

R95-155s FINDINGS AND RESOLUTION APPROVING THE REPLAT OF

TRACT 36A OF LOT 1 OF HIGHLAND PLACE SUBDIVISION

R95-156s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

PARKER MINOR RESIDENTIAL DEVELOPMENT

R95-157s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

O'DONNELL MINOR RESIDENTIAL DEVELOPMENT

R95-158s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

LEBSACK MINOR RESIDENTIAL DEVELOPMENT

R95-159g RESOLUTION ADOPTING AMENDMENT TO THE LARIMER

COUNTY CONTRIBUTORY RETIREMENT PLAN AND TRUST

AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS

OF LARIMER COUNTY, COLORADO

R95-160g RESOLUTION APPROVING THE OFFICE OF TRANSPORTATION

SAFETY ALCOHOL PREVENTION INCENTIVE GRANT

(#96-410-OG)

Motion carried 3 - 0.

The meeting adjourned at 11:50 a.m.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



____________________________________________

Sherry E. Graves, Deputy County Clerk

October 2, 1995