> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 17, 1998

LAND-USE PLANNING MEETING

(#367)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were Carol Evans, Planner II, and Lonnie Sheldon, Project Engineer; Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. SUNRISE ACRES AMENDED PLAT OF LOTS 2 AND 3, AND LOT 4-A OF

THE REPLAT OF LOT 4 (#98-SA1271): NW 16-07-68 - SOUTH OF

COLORADO HIGHWAY 14 (MULBERRY) ON THE WEST SIDE OF

SHERRY DRIVE, 3/4 MILE WEST OF INTERSTATE 25; 1.76 ACRES;

C-COMMERCIAL ZONING IN THE FORT COLLINS UGA

This is a request for an Amended Plat to adjust boundary lines between Lots 2 and 3, Sunrise Acres, and to combine the remainder of Lot 3 with Lot 4-A of the Replat of Lot 4 in Sunrise Acres. Staff findings include: 1) Sunrise Acres was recorded in 1963; the Replat of Lot 4, Sunrise Acres, was recorded in 1972. The applicants proposed to adjust the boundary lines between Lots 2 and 3 and to combine Lot 3 with Lot 4-A, resulting in two lots of 0.49 and 1.27 acres; 2) Applicable review agencies and utility providers have reviewed the proposed amended plat and stated no objections. The staff recommendation is for approval of the Sunrise Acres Amended Plat of Lots 2 and 3 and Lot 4-A of the Replat of Lot 4, Sunrise Acres.

2. WAGON WHEEL MONUMENT SUBDIVISION RELEASE OF WARRANTY

COLLATERAL (#S-54-80): SW 27-04-69 - 1 3/4 MILES SOUTH OF

BERTHOUD ON THE WEST SIDE OF HIGHWAY 287

This is a request for release of warranty collateral for Wagon Wheel Monument Subdivision. The staff recommendation is for approval of the request to release the warranty collateral for Wagon Wheel Monument Subdivision in the amount of $499.70.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Sunrise Acres Amended Plat of Lots 2 and 3, and Lot 4-A of the Replat of Lot 4, Sunrise Acres (#98-SA1271), and the Wagon Wheel Monument Subdivision Release of Warranty Collateral (#S-54-80).

Motion carried 3 - 0.

The hearing adjourned at 3:05 p.m.

TUESDAY, AUGUST 18, 1998

ADMINISTRATIVE MATTERS

(#367 @ 100)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Deni LaRue, Community Information Manager, and Neil Gluckman, Assistant County Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Don Leffler and Rick Van Fleet attended the open session today to thank the Board for their foresight and staff for their energy in making it possible to put on the Children's Festival of Colorado on September 11-13, 1998 at the Cloverleaf Dog Track. Mr. Van Fleet described the events being planned for the Festival, noting it will be a multi-cultural experience as 15 countries have signed to attend and will bring their music, dances, stories, costumes, culture, etc. and it is all free. Mr. Van Fleet stated that there will be a talent show for three different age categories with $10,000 in college savings bonds to be awarded; he continued that it is a non-profit event and everyone involved is a volunteer and the money raised from sales of items will go to American Legion Boy's and Girl's State Program, Elks Lodge 804 for the Handicap Project, Kiwanis Pediatric Trauma Institute at the Children's Hospital; and the Realities Foundation, Inc.

2. APPROVAL OF MINUTES FOR WEEK OF AUGUST 10, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of August 10, 1998, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF AUGUST 24, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of August 24, 1998, as submitted.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on August 18, 1998:

-- PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: HFC Corp. Tax Dept.; Darlene & Robert Bachy, Jr.; Lorraine Bartlett; James Johnston; Cary & Kristy L. Jackson; Lee & Francelle Robinson (2 Petitions); Robert & Shirley Kouns; A. N. & Jeannette Grosboll; Gladys M. Knoedler; and Dale Clark Vigil.

MISCELLANEOUS DOCUMENTS: Human Services Warrant Register for July 1998; and the CSURF Minor Land Division Plat (#98-EX1255).

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to the River Forks Stage Stop - 6% - Drake, CO.; Larry's Southwest Liquor - 6% - Fort Collins, CO; Beaver Inn - 6% - Red Feather, CO.; Bohemian Cottage - 6% - Loveland, CO.; and a 3.2% SPECIAL EVENTS PERMIT for the State Board of Agriculture for Colorado State University - Fort Collins, CO. and a 3.2% SPECIAL EVENTS PERMIT for the Sertoma Club - Loveland, CO.

FINAL PLATS were approved for the Newman Subdivision, Cindy Lane Estates, and the Brooklind Estates Rural Land Use Plan.

A98-116 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BUSINESS RESOURCE GROUP

(Professional Planning Services for Larimer County Facilities)

A98-117 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE CITY

OF FORT COLLINS (Conduct & Coordinate Elections)

A98-118 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE

POUDRE SCHOOL DISTRICT (Same as Above)

A98-119 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE

ST. VRAIN SCHOOL DISTRICT RE-1J (Same as Above)

A98-120 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE

RICHARD'S LAKE METROPOLITAN DISTRICT (Same as Above)

A98-121 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE RED

FEATHER LAKES FIRE PROTECTION DISTRICT (Same as Above)

A98-122 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE TOWN

OF ESTES PARK (Same as Above)

A98-123 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE CITY

OF LOVELAND (Same as Above)

A98-124 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE TOWN

OF WELLINGTON (Same as Above)

A98-125 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND LIND FARMS, INC. RELATING

TO DEVELOPER'S OBLIGATIONS IN BROOKLIND ESTATES

RURAL LAND PLAN (Formerly known as the Lind Farm Rural

Land Plan)

A98-126 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROGER A. MAUER

RELATING TO CINDY LANE ESTATES AND NEWMAN

SUBDIVISION

A98-127 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND MARC J.

NEWMAN RELATING TO THE NEWMAN SUBDIVISION


A98-128 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE

TOWN OF WINDSOR (Conduct and Coordinate Elections)

C98-36 RENEWAL OF CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, DEPT. OF

PUBLIC HEALTH AND ENVIRONMENT EMSP DIVISION

(Disbursement of ATAC Special Projects Funds)

C98-37 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTURS, INC.

OF PLATTEVILLE (Construction of Concrete Crosspans in

Skyview Subdivision)

C98-38 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND VOTEL CONCRETE, INC. (Construction

Project No. 8477 for concrete street flatwork improvements in

Skyview Subdivision)

C98-39 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO FOR THE

USE AND BENEFIT OF ENERGY CONSERVATION (OEC)

(Smart Growth Contract)

R98-126s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR WAGON WHEEL MONUMENT SUBDIVISION

R98-127s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

DRAINAGE EASEMENT IN DOUBLE DEB ACRES, LOT 4

Motion carried 3-0.

5. WORKSESSION:

-- Approval of Contract for Impact Model: Mr. Gluckman requested Board approval of a contract for the Impact Model (Regional Economic Information System), which has been reviewed and approved by the County Attorney. The Board thanked Mr. Gluckman for all his hard work on this Impact Model.

M O T I O N

C98-40 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS (Grant of $25,000 for

Northern Colorado Regional Impact Model)

-- Invitations: Mr. Lancaster reviewed the pending invitations with the Board.

-- Update on County Seat for a Day in Masonville: Ms. LaRue provided an update for the Board on the County Seat for a Day in Masonville tonight; she reviewed the main issues to be discussed and noted that over 700 flyers were sent out to the citizens in the Masonville, Buckhorn and Redstone Canyon areas.

-- Other Reminders: Ms. LaRue reminded the Board that next Monday night at 7:00 p.m., August 24, 1998, is the televised call-in show regarding the Larimer County Fairgrounds, and on September 2, 1998 at 7:00 p.m., there is a Public Hearing live call-in show on the "Right to Farm and Ranch" Policy.

-- Executive Session:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 9:45 a.m. to discuss a personnel issue.

Motion carried 3-0.

The Executive Session ended at 10:00 a.m.; no action taken.

-- CCI Steering Committee Meeting Invitees: Mr. Gluckman asked the Board if they want him to invite any staff members to attend the CCI Steering Committee meetings; the Board responded that Kathy Snell from Health & Human Services should be invited to attend the session on Health & Human Services and Brice Miller from the Building Department should be invited to attend the General Government session.

-- Report on Larimer County/City of Fort Collins/ Poudre R-1 School District Liaison Meeting: Mr. Gluckman reported on the Larimer County/City of Fort Collins/Poudre R-1 School District Liaison monthly meeting that he and Commissioner Clarke attended this morning; he noted that there was much discussion between the City and the School District regarding Fossil Creek. Mr. Gluckman informed the Board that Mr. Miller gave a report on inspections of school building and noted that the Poudre R-1 School District officials were very excited about it and indicated they will support it.

6. COMMISSIONER REPORTS:

-- Commissioner Clarke expressed his frustrations regarding the governmental process and decisions made concerning the corn maze planted for public viewing on the Swets property.

-- Commissioner Disney reported that he met with Randy Jones, Superintendent of Rocky Mountain National Park, and was informed that Trail Ridge has been designated as an All-American Highway, which makes it eligible for some funding under the Transportation Equity Act. Mr. Jones stated that in order to receive funding, he has to work through the Colorado Department of Transportation (CDOT) and he requested Commissioner Disney to figure out how to do this through the Upper Front Range Transportation Planning Council; Commissioner Disney stated that they are asking for a grant of $247,000 to hire a consultant to do an analysis of the road to determine what needs to be done to meet the demand on that road. Commissioner Disney stated that he is going to meet with Marc Engemoen, Director of Public Works, to discuss this request; he noted that the Upper Front Range Council has hired Bob Felsburg to do an update of the Upper Front Range Plan and it may be possible to expand his contract and his scope of services to include this analysis. Commissioner Disney asked his colleagues for permission to make this suggestion; the Board concurred.

-- Chair Olson reported that she attended the Affordable Housing Coalition meeting last week and John Pollack from the Colorado Division of Housing (CDH) was also there to request that in the future Counties prioritize their funding requests; he noted that CDH has concerns because they start receiving requests and distributing money and then a most-productive, best project comes in and they cannot justify giving a certain County more money because they have received a large amount. Chair Olson suggested that if we get an official request to do this prioritization, Grant Manager Lorrie Wolfe should be asked to help with the prioritization of requests. Chair Olson informed her colleagues that she made no commitments to the Affordable Housing Coalition at the meeting.

-- Chair Olson stated that at the Planning Commission hearing regarding Transferable Development Rights (TDU), Mike Doten noted that Larimer County's current TDU regulations do not address commercial and the Planning Commission drafted some very valid points which they would like the Commissioners to add to the regulations; therefore, County Attorneys' George Haas and Jeannine Haag and Chief Planner Russ Legg are going to work on the verbage. Mr. Doten suggested giving the Task Force 90 days to figure out how to include commercial in the TDU regulations. The Board requested that they have a worksession on this matter prior to the September 14, 1998 hearing and they suggested that Tom Fosberg from the City of Fort Collins be invited to the worksession and to the hearing.

-- Chair Olson reported she met with Ann Azari, Mayor City of Fort Collins, this morning and they discussed the formation of a Joint Planning Commission with Timnath and it was suggested that Ms. Azari, Chair Olson, and Jenny McGraw meet to discuss this further.

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


7. LEGAL MATTERS:

-- Ms. Haag requested Board approval and the Chair's signature on the following documents: Parking Structure License Agreement, Termination of the IGA with the City of Fort Collins, Larimer County, and the Downtown Development Authority, and a new IGA with the City of Fort Collins, Larimer County, and the Downtown Development Authority. Ms. Haag noted that the Parking Structure License reserves a certain number of spaces in the parking garage on a permit basis for our employees; much discussion followed. Ms. Haag also noted that last July an IGA was signed which outlined how the parking garage was going to be approached and now that IGA is irrelevant and needs to be terminated and subsequently a new Intergovernmental Government Agreement signed; she noted that the Agreements have been reviewed, revised and approved by the County Attorney.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Parking Structure License Agreement, Termination of the Intergovernmental Agreement by and among the City of Fort Collins, Colorado, the County of Larimer, Colorado, and the Fort Collins, Colorado Downtown Development Authority, and the Intergovernmental Agreement by and among the City of Fort Collins, the County of Larimer, and the Fort Collins Downtown Development Authority, and authorize the Chair to sign the three documents.

Motion carried 3-0.

A98-129 PARKING STRUCTURE LICENSE AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE CITY OF

FORT COLLINS

A98-130 TERMINATION OF THE INTERGOVERNMENTAL AGREEMENT

BY AND AMONG THE CITY OF FORT COLLINS, COLORADO,

THE COUNTY OF LARIMER, AND THE FORT COLLINS,

COLORADO AND THE DOWNTOWN DEVELOPMENT

AUTHORITY

A98-131 INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE

CITY OF FORT COLLINS, THE COUNTY OF LARIMER, AND

THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY

The meeting adjourned at 10:55 a.m.



THURSDAY, AUGUST 20, 1998

EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUE

After the Policy Worksession this morning, the Board made the following motion:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:50 a.m. to discuss a personnel issue.

Motion carried 3-0.

The Executive Session ended at 11:30 a.m.; no action taken.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

________________________________

Sherry E. Graves, Deputy County Clerk