> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 14, 1998

LAND-USE PLANNING MEETING

(#372)

The Board of County Commissioners met at 3:00 p.m. in regular session with Matt Lafferty, Planner II. Chair Pro-Tem Clarke presided and Commissioner Disney was present. Also present were: Sean Wheeler, Planner I; Russ Legg, Chief Planner; Rex Burns and Lonnie Sheldon, Project Engineers; and Linda Connors, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Pro-Tem Clarke 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. AMENDED PLAT OF LOTS 59 & 60 FOR LITTLE VALLEY SUBDIVISION

2ND FILING, (#98-SA1283): SE ¼ 18-04-72, DIRECTLY OF CR 63 ON

MOSS ROCK DRIVE; 4.96+ ACRES; 2 LOTS; E-ESTATE ZONING

This is a request for an amended plat to combine Lots 59 & 60 within the Little Valley Subdivision; said combining of lots will result in one lot being approximately 4.96 acres in area. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surround area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 59 & 60 within the Little Valley Subdivision, 2nd Filing.

2. AMENDED PLAT OF LOTS 3 AND 30 IN CRYSTAL LAKES 5TH FILING

(#98-SA1282): 01-10-74 BETWEEN POTTAWATOMIE AND OSAGE;

5.36+ ACRES; 2 LOTS; E-ESTATE ZONING

This is a request for an amended plat to combine Lots 3 and 30 within the Crystal Lakes Subdivision; said combining of lots will result in one lot being approximately 5.36 acres in area. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat; technical items noted by the Engineering Department must be completed prior to final recording of the plat. The staff recommendation is for approval of the amended plat of Lots 3 and 30 within the Crystal Lakes Subdivision, 5th Filing.

3. AMENDED PLAT OF LOTS 219 AND 220, GLACIER VIEW MEADOWS

SUBDIVISION, 12TH FILING (#98-SA1284): SE ¼ 36-09-72 AT THE

INTERSECTION OF MT. MCCONNELL DRIVE AND HORSE MOUNTAIN;

2.84+ ACRES; 2 LOTS; E-ESTATE ZONING

This is a request for an amended plat to combine Lots 219 and 220 within the Glacier View Meadows Subdivision; said combining of lots will result in one lot being approximately 2.84 acres in area. Staff findings include: The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat; 5) Technical items noted by the Engineering Department must be completed prior to final recording of the plat. The staff recommendation is for approval of the amended plat of Lots 219 and 220 within the Glacier View Meadows Subdivision 12th Filing and the proposed vacation of the existing 20' utility easement as shown on the plat.

4. AMENDED PLAT OF LOTS 76 & 77 IN GLACIER VIEW MEADOWS

12TH FILING (#98-SA1285): 36-09-72 AT THE INTERSECTION OF

HORSE MOUNTAIN AND MEADOW MOUNTAIN DRIVE;

6.389+ ACRES; 2 LOTS; E-ESTATE ZONING

This is a request for an amended plat to combine Lots 76 & 77 within the Glacier View Meadows Subdivision; said combining of lots will result in one lot being approximately 6.389 acres in area. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the Amended Plat of Lots 76 & 77 within the Glacier View Meadows Subdivision 12th Filing and the proposed vacation of the existing 20' utility easement as shown on the plat.

5. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT, 4TH FILING

23-06-08: ½ MILE; SOUTH OF HIGHWAY 392, ON THE WEST SIDE OF

COUNTY ROAD 3; 52 ACRES; 19 LOTS; FA-1 FARMING ZONING

This is a request for approval of the 4th Filing to consist of 19 single family lots on 52 acres and 25.69 acres of open space. Staff findings include: 1) The Master Plan for Highland Hills Planned Unit Development has been approved and the proposed 4th Filing is in conformance with said Master Plan.

The Planning Commission/staff recommendation is for approval of the 4th Filing of Highland Hills Planned Unit Development, subject to the following conditions: 1) The applicant shall comply with all of the requirements contained in the Findings and Resolution dated March 30, 1994; 2) The comments noted in the following referral letters shall be addressed prior to the final approval of this 4th Filing of the Highland Hills PUD: a) Larimer County Health Department comments dated July 14, 1998; b) Office of the State Engineer comments dated July 1, 1998; c) Larimer County Wildfire Coordinator comments dated July 10, 1998; d) South Fort Collins Sanitation District comments dated July 14, 1998; and e) City of Windsor comments dated July 20, 1998; 3) Park fees will be collected at the time of building permit for new residential structures; 4) Poudre R-1 School District fees will be collected at the time of building permit for new residential structures; 5) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 6) Engineered footings and foundations are required for new residential construction; 7) Uses on this property are limited to single-family residential; 8) All utilities must be installed underground; 9) The following notes shall be noted on the Final Phase Plan: a) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner-initiated abatement activities must meet all Federal, State and Local rules and regulations; b) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; 10) The Engineering Department reserves the opportunity to comment on the proposed composite pavement thickness and proposed subgrade treatment when reviewing the final plan set; 11) A Final Drainage Plan and Report and Erosion Control Report will be required. The formats for these plans/reports are available in the Larimer County Stormwater Management Manual. The Preliminary Drainage Report indicates that the on-site trapezoidal channels proposed will be reanalyzed to confirm the 100-year capacity. The capacity calculations and assumptions need to be contained in the final report. Erosion control measures need to be shown on plan and standard statement of responsibility added (this department has some prescribed language in a general note format). The Final Drainage Report will need to include more detail about erosion control implementation, seeding parameters, mulching, etc; 12) This phase will need to provide and identify on the plan a specific benchmark. 13) At a minimum, the swales between lots 3 and 4, and between Lots 17 and 18, shall be within an easement that shall be shown and described on the final plat. Placing the swales in an outlot is recommended; 14) Updated information on the release and the off-site flow route at the outlet of Pond 2 shall be provided for final plan review; namely, the following additional information is requested (some information from earlier reports will apply): a) Hydraulic calculations for the concrete weir overflow structures that exist at both detention ponds; b) Hydraulic calculations, and the mechanism for controlling the release rate at the outlet of each of the existing two ponds; c) A plan view showing the off-site drainage path that indicates ownership information for those that are impacted; d) Cross sections and calculations providing the capacity of the off-site drainage system all the way to the Poudre River; e) Embankment erosion protection for County Road 3 and for Highland Hills Drive (where each of the overflow structures direct stormwater perpendicular to and at the road); f) A copy of any easements or agreements in place that allow for future maintenance of any off-site channels; 15) The final drainage report will also include a subdivision overlot grading plan, driveway culvert sizing information, and a culvert installation plan (typical sketch).

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Amended Plat of Lots 59 & 60, Little Valley Subdivision, 2nd Filing (#98-SA1283); Amended Plat of Lots 3 and 30 in Crystal Lakes 5th Filing (#98-SA1282); Amended Plat of Lots 219 and 220, Glacier View Meadows Subdivision, 12th Filing (#98-SA1284); Amended Plat of Lots 76 & 77, Glacier View Meadows Subdivision, 12th Filing (#98-SA1285); and the Highland Hills Planned Unit Development 4th Filing (#98-MS1254); each, with the conditions as outlined.

Motion carried 2 - 0.

6. FLETCHER MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#98-EX1280): E ½ 11-05-70 ON THE SOUTH SIDE OF STATE HIGHWAY

34, ½ MILE EAST OF COUNTY ROAD 29; 7.8 ACRES; 1 LOT;

FA-1 FARMING ZONING

This is an appeal to the Minor Residential Development regulations to allow an application for a Minor Residential Development to divide a 7.8 acre parcel into two parcels consisting of 5.0 and 2.8 acres. Mr. Lafferty described the project and location and reviewed the major concerns and issues; he reminded the Board that when the resolution amendment to the MRD guidelines was approved, it stated that such divisions were required to meet certain criteria established and one criteria is that property eligible for the MRD procedure is entirely located in Townships 4 through 9N and Ranges 68 & 69 West and this subject property is located in Range 70 and, therefore, does not comply. Mr. Lafferty noted that the applicant is experiencing some personal and financial hardships and, for that reason, is requesting an appeal to the criteria to divide the property. Staff findings include: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcels eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to a hearing with the County Commissioners; 3) This parcel is located outside of Townships 4 through 9N and Ranges 68 and 69W; 4) Staff does not find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. The staff recommendation is for denial of the request for a waiver from the adopted Minor Residential Development criteria, for the Fletcher Minor Residential Development Appeal.

Sandy Fletcher, property owner, addressed the Board and noted that the configuration of this property is very difficult and she submitted photos of the site. Ms. Fletcher requested Board approval because she needs to sell this one piece of property to generate some income to alleviate her financial hardships. Commissioner Disney stated that as much as he is a staunch guardian of Range 70 and the policy to keep minor residential developments out of the mountains, since the Board has approved minor residential developments for other adjacent properties, it would be hypocritical to deny this appeal.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Fletcher Minor Residential Development Appeal (#98-EX1280).

Motion carried 2 - 0.

7. VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT PHASE III

RELEASE OF LOT SALE RESTRICTION (#94-MS0505): SE ¼ OF

SW ¼ 25-06-69 ON THE NORTH SIDE OF 57TH STREET, ½ MILE EAST

OF U.S. HIGHWAY 287, AT THE NORTHEAST CORNER OF MONROE

AND 57TH STREET

This is a request to release the lot sale restriction on Phase III, Vista View Estates Planned Unit Development. The staff recommendation is for approval of the request for the release of the Lot Sale Restriction for all but three lots of Vista View Estates Planned Unit Development Phase III, with the condition that a drainage agreement be signed by the developer prior to the recording of the lot sale restriction release. Mr. Legg requested Board approval, and the Chair Pro-Tem's signature, on a resolution regarding the release.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff recommendation and approve the Vista View Estates Planned Unit Development Phase III Release of Lot Sale Restriction (#94-MS0505), and authorize the Chair Pro-Tem to sign the resolution authorizing same.

Motion carried 2 - 0.

R98-141s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS

ON SALE OF LOTS IN VISTA VIEW ESTATES PUD

The hearing adjourned at 3:20 p.m.

LAND-USE PUBLIC HEARING

RESOLUTION FOR TRANSFERABLE DENSITY UNITS

FOR THE FOSSIL CREEK RESERVOIR AREA

(#373 & 374)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Russell Legg, Chief Planner, and George Hass, County Attorney. Recording Clerk, Gael Cookman.

1. RESOLUTION FOR TRANSFERABLE DENSITY UNITS FOR THE FOSSIL CREEK RESERVOIR AREA - #98-RL1259

Mr. Legg explained that he would not go over the background of the proposed Resolution unless requested to do so as this has already been covered in prior hearings; he described the following changes to the draft Resolution dated September 2, 1998 regarding this issue:

1. The Planning Staff and the Larimer County Planning Commission recommend approval of the proposed Resolution for Transferable Density Units (TDUs) for the Fossil Creek Reservoir Area dated September 2, 1998; said Resolution shall amend the Larimer County Comprehensive Zoning Resolution by establishing a TDU Overlay Zone for the receiving area.

2. The Planning Staff and the Larimer County Planning Commission recommend approval and adoption of the TDU sending and receiving area map as attached to the resolution dated July 24, 1998, and as an amendment to the official Larimer County Zoning map establishing a TDU receiving area overlay zoning district.

3. Staff recommends that paragraph IX (E) page 7 be changed from 110% to 114.5%.

4. Staff recommends that the word "and" in paragraph IX (E) (1) (a) be changed to "or".

5. Staff recommends moving paragraph X (D) 6 and adding it to part I with the comment that if developed with the Larimer County Land Use process, no bonus units will be allowed.

6. Staff recommends that the word "one" in paragraph X (A) be changed to "two".

7. Staff recommends that the word "coveyance" in paragraph X (A) be changed to "conveyance".

8. Staff recommends the County Attorney add verbiage that will make it clear that units will continue to be accepted once they have been transferred from the sending area as a development is phased.

At this time Chair Olson opened the meeting for public comment and Mr. Jim Ringenberg, General Manager of a Limited Liability Company that owns property within the receiving area, addressed the Board. Mr. Ringenberg stated that although he respected all of the work and effort that the County and TDU Task Force has put forth in order to make this TDU process work, he feels that this is the wrong way to go about it, Mr. Ringenberg stated that he feels the government should not be able to purchase open space at the expense of the receiving owners and that there are already zoning levels in place that better protect the rights of the property owners. Commissioner Disney noted that the alternative to the TDU process would be down-zoning which would be worse for the property owners; he also noted that if Government caused depreciation for property owners land then Government would have to compensate the property owners for that depreciation, and in turn, if Government caused appreciation for the same property owners then additional taxes should be collected as compensation.

Marc Polkowitch, a developer in the area, addressed the Board with questions regarding the Resolution itself, specifically in reference to an item which states that Larimer County could revoke a TDU certificate by written notice provided prior to the expiration of an annual renewal; he noted that sometimes it takes developers a number of years to complete a project and he was concerned that the County would revoke a certificate prior to a project being completed, and if that were to happen it would be devastating to a developer that was depending upon the certificates issued for the success of said project. Mr. Hass noted that it was not the County's intention to disrupt a contract that is in place. The Commissioners requested that Mr. Hass clarify the language to indicate this.

Mr. Polkowitch also requested that the Commissioners consider expanding the sending area as he felt it needed to be large enough to maintain competitiveness. Chair Olson noted that the intent was to keep two to three times more TDUs in the sending areas than there are in the receiving areas in order to facilitate supply and demand.

Wayne Leistikow addressed the Board requesting a current estimate of what a unit might cost. Commissioner Clarke explained that it was up to the Market to determine the cost and the County has purposely stayed out of the economics of this project.

Micky Willis, who works on the City of Fort Collins Affordable Housing Committee, asked the Board if they have considered offering incentives to developers who would use a percentage of their project towards constructing affordable housing. Chair Olson explained that this Resolution is just the beginning and that other goals include offering TDUs for commercial use and to also give credits for those that accommodate affordable housing issues.

Chair Olson closed the public session of the hearing; under discussion, the Commissioners thanked Tom Vosburg, Wendell Amos, Pete Salg, Ed Zdenek, K-Lynn Cameron, Russell Legg, Larry Timm, Kathay Rennels, Lynn Roark, and Stan and Bob Everitt for their involvement in the TDU process. Commissioner Clarke recommended that the Board adopt the Resolution with the changes suggested by Staff and by Mr. Palcowitz. Chair Olson and Commissioner Disney concurred.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution for Transferable Density Units for the Fossil Creek Reservoir Area, with the changes recommended by staff and as outlined above, which will also include the revised language to be submitted by the County Attorney to clarify that the County will accept those units that have been transferred from the sending area as a development is phased, and the hearing will continue to Administrative Matters on September 22, 1998 for final approval of the resolution and no public comment will be allowed at that time.

Motion carried 3-0.

Meeting adjourned at 8:05 p.m.

TUESDAY, SEPTEMBER 15, 1998

ADMINISTRATIVE MATTERS

(#372)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Clarke presided and Commissioner Disney was present; Commissioner Olson was attending a funeral this morning. Also present were: Rob Helmick, Senior Planner; Jim Reidhead, Director Rural Land Use Center; Mark Peterson, County Engineer; Lonnie Sheldon, Project Engineer; Ralph Jacobs, Director Human Resources; Mike Bryant, Access and Utility Coordinator; Carol Block, Director of Finance; Ginny Riley, Director, and Glen Rathgeber, Deputy Director of Human Services; Andy Paratore, Director Information Management Services, Donna Hart, Staff Services Manager Commissioners' Office; and Tom Clayton, Colorado State University Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Sally Michael, Victoria McCoy, Buzz Burrell, and Karen Rose.

Ms. Michael came to thank the Commissioners, County Manager Frank Lancaster, and especially Richard Grossmann from the Environmental Health Department, for their efforts in bringing about a resolution of the issue at 409 Webb Avenue; she noted that all three Commissioners returned her phone calls.

Ms. McCoy, resident of Glen Haven, referenced the discussion at the County Seat for a Day in Glen Haven regarding the possibility of installing guard rails on the switch backs at CR 43 and she asked the Board to reconsider their decision not to install them. Ms. McCoy submitted petitions signed by 245 people supporting the installation of those guard rails; she noted that the Board's decision was based on erroneous information as the County records do not reflect many unreported incidents and the Glen Haven Fire Department is in the process of gathering the correct information for the Board. After further discussion, the Board directed the Engineering staff to review the new information when available; Mr. Peterson stated that they will be glad to review it.

Mr. Burrell discussed his concern with some of the required standards of the Rural Land Use process and submitted a memorandum regarding a requirement to install a 6 ft. high by 10 foot wide concrete culvert in "Dry Hollow" at a cost of approximately $60,000; he noted that this requirement is almost the same as that required by the subdivision process. Mr. Burrell offered several options that make more sense, one of which was to use Boulder County specifications, which are not as restrictive. Chair Pro-Tem Clarke stated that he is concerned, as he has heard stories like this from others about the Rural Land Use process. Much discussion followed; Mr. Reidhead stated that he has spent a considerable amount of time with Engineering staff discussing this problem and their hope is to define the bounds of the professional requirements, the practical requirements, and political requirements and how they all work together. Mr. Peterson stated that they will look at their standards and possibly relax them somewhat and he will work with Mr. Burrell to try and resolve his concern.

Ms. Rose, Executive Director for the Citizens for the Preservation of Property Rights, read a request from the group asking that because of a number of factors relating to the retention of the schedule for completion of the PLUS Code and adoption of same on December 14 of this year, and since a very limited time has been scheduled for public review and public comment on the completed draft, and as the Commissioners have chosen not to retain the PLUS Advisory Council to review the Code draft for application of the Fairness Principles listed in the Master Plan, that there be 100% attendance and commitment from each of the Commissioners at each and every meeting of the PLUS Steering Committee and its public open houses and that they provide clear direction to the Larimer County Planning Staff concerning each section of the proposed regulations. Chair Pro-Tem Clarke assured Ms. Rose that the schedule allows that the Planning Commission hearings could occur over four different nights and so if, during a hearing, they are working through issues, they can adjourn for additional time to work on them.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 7, 1998: The Minutes for last week were not approved today because Chair Olson was not present and Commissioner Disney was out of town last week and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 21, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of September 21, 1998, as submitted.

Motion carried 2 - 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 for September 15, 1998:

MISCELLANEOUS DOCUMENTS: Final Plat for Commencement Ridge Subdivision; Revised Office on Aging Advisory Council Bylaws; Amended Plat for Lots 10-13 and Tract A of the Point Townhomes PUD; Amended Plat of Lot 10 and Block 16 in Hiawatha Heights; Amended Exemption for the Van Riper MRD; and Amended Plat of Lots 24 & 25 for Hayden Resubdivision. LIQUOR LICENSES: County Approval for liquor license renewal was granted to the Mexican Inn - 6% - Loveland, CO. Licenses were issued for: Dunraven Inn - 6% - Estes Park, CO. SPECIAL EVENTS PERMITS were issued for the Loveland Sertoma Club - 3.2% - Loveland, CO. and State Board of Agriculture for C.S.U. - 3.2% - Fort Collins, Co.

C98-46 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC. OF

PLATTEVILLE (Extension of Boat Ramps at Horsetooth Reservoir)

C98-47 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PACIFICARE (Finalization of Health

Insurance Contract for 1998)

A98-146 SUBDIVISION IMPROVEMENTS AGREEMENT RELATING TO

DEVELOPER'S OBLIGATION IN COMMENCEMENT RIDGE

SUBDIVISION

R98-142s FINDINGS AND RESOLUTION APPROVING THE VAN RIPER

MINOR RESIDENTIAL DEVELOPMENT AMENDED EXEMPTION

R98-143s FINDINGS AND RESOLUTION APPROVING THE BROADVIEW

SUBDIVISION REPLAT OF LOTS 26 & 27

R98-144s FINDINGS AND RESOLUTION APPROVING THE PETERSBURG

FARM PRELIMINARY RURAL LAND PLAN

R98-145s FINDINGS AND RESOLUTION APPROVING THE LOVATA

PRELIMINARY RURAL LAND PLAN

Motion carried 2 - 0.

5. PROCLAMATION FOR CONSTITUTION WEEK: Chair Pro-Tem Clarke read aloud the Proclamation for declaring the week of September 17-23, 1998 as Constitution Week and presented the Proclamation to Ada Mather, representative from the Daughters of the American Revolution (DAR). Ms. Mather thanked the Commissioners for the Proclamation and described how the DAR supports the schools.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week of September 17-23, 1998 as Constitution Week, and authorize the Chair Pro-Tem to sign the Proclamation.

Motion carried 2- 0.

6. EMPLOYMENT OF RELATED PERSONS POLICY: Mr. Jacobs requested adoption by the Board of a revision to Section 211 of the Larimer County Personnel Policy Manual concerning County employment of relatives; he noted that the current policy is very brief and in need of more detailed explanation and this revision updates and clarifies the policy. Mr. Jacobs stated that copies of the draft policy were sent to the Appointed Department and Division Directors for their review and very little comment was received.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve adoption of the revision to Section 211 of the Larimer County Personnel Policy Manual concerning Employment of Related Persons.

Motion carried 2 - 0.

7. SITE APPLICATION FOR JOHNSTOWN: Mr. Helmick submitted a draft copy of a letter to be sent from the Board to the Johnstown Town Administrator stating that at this time the Board of County Commissioners would be inclined to recommend that the North Front Range Water Quality Planning Association disapprove the Site Application of the proposed service plan for the Low Point Sanitation District; he noted that the letter has been reviewed by the Health and Planning Departments. The Board read the letter and indicated their approval for it to be sent, if Chair Olson concurs.

Mr. Helmick submitted the Site Application for the Boxelder Sanitation District, which the Board discussed last week; the purpose of this site amendment is for revision of their service area and construction of a lift station to provide service to two Colorado Department of Transportation rest areas.

8. RAILROAD SAFETY CROSSING CONTRACTS FOR COUNTY ROADS 10E AND 14: Mr. Bryant requested Board approval of two separate contracts, which have been reviewed and approved by the County attorney, for the construction of railroad crossing warning devices at County Roads 10E and 14, and approval of two separate resolutions authorizing the expenditure of $6,463.00 for the County's portion for the cost of construction. Mr. Bryant stated that construction of these railroad crossing warning devices will eliminate two unsafe railroad crossings in the Berthoud/Campion area and are long overdue; he noted that hopefully construction will be completed by this Fall.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the two contracts, and two resolutions authorizing the expenditure of $6,463.00 to pay for the County's portion of the construction of the railroad crossing warning devices at County Roads 10E and 14, and authorize the Chair Pro-Tem to sign the four documents; funds for this expenditure to be derived from the Road and Bridge Safety Funds.

Motion carried 2 - 0.

C98-48 CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE

CROSSING WARNING DEVICES UNDER FEDERAL SECTION

130 PROGRAM BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, THE STATE OF COLORADO DEPARTMENT OF

TRANSPORTATION, DIVISION OF ENGINEERING AND

MAINTENANCE, AND THE BURLINGTON NORTHERN AND SANTA

FE RAILWAY COMPANY (Contract #11606 - Local Share $3,301.00)

C98-49 CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE

CROSSING WARNING DEVICES UNDER FEDERAL SECTION

130 PROGRAM BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, THE STATE OF COLORADO DEPARTMENT OF

TRANSPORTATION, DIVISION OF ENGINEERING AND

MAINTENANCE, AND THE BURLINGTON NORTHERN AND SANTA

FE RAILWAY COMPANY (Contract #11608 - Local Share $3,162.00)

R98-146g RESOLUTION APPROVING CONTRACT #SRP CO60-011, 11606

FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING

WARNING DEVICES

R98-147g RESOLUTION APPROVING CONTRACT #SRP CO60-011, 11608

FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING

WARNING DEVICES

9. ELECTRONIC IMAGING FOR DEPARTMENT OF HUMAN SERVICES: Ms. Riley, Mr. Rathgeber, and Mr. Paratore requested Board approval to proceed with the current electronic imaging plan developed for the Department of Human Services. Ms. Riley explained that originally they planned to take the start up costs for the imaging project out of their Fund Balance, but in an unprecedented move, when the grants were closed out in July there was some money left over at the State, and they allowed those monies to be allocated to the County for a higher level of reimbursement-80% instead of 35%. Therefore, Ms. Riley continued, the revised 1998 budget they will be submitting to the Board will allow them to take the $300,000 out of their operating budget for 1998 and not out of their Fund Balance. Mr. Rathgeber stated that they have been looking at imaging for their department for several years and they went out for a bid for a company to come in and analyze their department and help them decide if it would be beneficial and they feel it would be. Mr. Paratore stated that he is very supportive of the request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to: 1) Approve the Sales Agreement with Image Processing Systems, Inc. to provide electronic imaging services to the Department of Human Services for the Adult Eligibility Program, and authorize the Chair Pro-Tem to sign same; 2) Move $300,000 from the Human Services Operating Fund to project accounts to fund this phase of the Human Services imaging project; and 3) Set aside an additional $30,000 of the Human Services fund balance for project contingencies.

Motion carried 2 - 0.

A98/147 SALES AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND IMAGE PROCESSING SYSTEMS, INC.

(Provision of Electronic Imaging Services for the Human Services Dept.)

10. WORKSESSION:

-- Legislative Review Committee: Mr. Gluckman stated that the Legislative Review Committee is scheduled to meet in November with Colorado Counties, Inc. (CCI) to discuss pending legislation; he noted that in October he would like to schedule an informal discussion with the Commissioners and Legislative Review Committee to provide an opportunity for the Committee to hear the Commissioners' view regarding the pending legislation; the Board concurred with the suggestion. Commissioner Disney suggested that the three Commissioner candidates also be invited to the October meeting.

-- 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 meeting he attended this morning noting that they are very concerned about concealed weapons in the schools. Mr. Gluckman stated that they would like to go out as a group with the City/County/CSU and other major governmental organizations and school organizations to present an awareness of potential issues regarding concealed weapons; he noted that Fort Collins is considering an Ordinance that would ban concealed weapons from any public place within the City of Fort Collins, even with a permit, and they will be asking the County for support.

-- Report on Meeting with State Department of Revenue regarding Collection of Sales Taxes for Justice Center: Ms. Block reviewed the meeting she had last week with Renny Fagan and three staff members from the State Department of Revenue and, in her opinion, they were successful in clarifying the issue; she presented and reviewed a chart showing the cumulative growth in taxable sales versus the growth in tax revenue in Larimer County, which showed a significant drop beginning January '98. Ms. Block stated that they agreed that it did merit investigation and they will get back with her with an action plan how they are going to investigate the difference. Chair Pro-Tem Clarke reported on a discussion he had with one of the State Legislators about this issue.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

11. COMMISSIONER REPORTS:

-- Commissioner Clarke reported on the meeting he attended regarding Air Quality Standards for Emissions.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Director of Public Works Marc Engemoen, Director of Human Resources Ralph Jacobs, and Risk Manager Kate Tremblay joined the meeting for Legal Matters.

12. LEGAL MATTERS:

-- Approval of Two Memorandums of Understanding: Mr. Hass submitted two Memorandums of Understanding between the Larimer County Clerk and Board of County Commissioners concerning the Clerk's duties for conduction of the elections for the Fairgrounds and Weed District.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the two Memorandums of Understanding defining the Clerk's responsibilities with respect to election services for the Larimer County Fairgrounds and Noxious Weeds, and authorize the Chair Pro-Tem to sign both documents.

Motion carried 3-0.

A98-148 MEMORANDUM OF UNDERSTANDING FROM THE LARIMER

COUNTY CLERK & RECORDER REGARDING ELECTION

SERVICES FOR THE LARIMER COUNTY FAIRGROUNDS

A98-149 MEMORANDUM OF UNDERSTANDING FROM THE LARIMER

COUNTY CLERK & RECORDER REGARDING ELECTION

SERVICES FOR NOXIOUS WEEKS

-- Approval of Resolution: Mr. Haas submitted a resolution for the Board to approve authorizing the District Attorney to represent the County Clerk & Recorder in an action that does not involve any monetary relief, strictly injunctive relief, regarding a car title issue.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution for the District Attorney to represent the County Clerk & Recorder in a civil suit, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

R98-148g RESOLUTION AUTHORIZING THE DISTRICT ATTORNEY TO

REPRESENT THE LARIMER COUNTY CLERK & RECORDER

IN A CIVIL SUIT

-- Design/Build Agreement: Mr. Haas requested Board approval of the Design/Build Agreement between the Owner and Design/Builder for the Justice Center.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Design/Build Agreement between the Board of County Commissioners and Hensel Phelps Construction Company, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0

A98-150 DESIGN/BUILD AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND HENSEL PHELPS

CONSTRUCTION CO.

-- Approval of Agreement, Waiver and Release: Mr. Haas requested Board approval of an Agreement, Waiver and Release concerning an employment claim.


M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Agreement, Waiver and Release, as presented, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

A98-151 AGREEMENT, WAIVER AND RELEASE BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND H. LLOYD AGENS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:30 a.m. to discuss threatened litigation.

Motion carried 2 - 0.

The Board came out of Executive Session at 10:45 a.m. and took the following action:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the transfer of $325,000 from the Insurance Reserve Fund to the Risk Management Fund and authorize that the settlement in the amount of $325,000 be paid from the Property Casualty Account within that Fund.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go back into Executive Session at 10:45 a.m. to discuss a personnel matter.

Motion carried 2 - 0.

The Executive Session over at 11:05 a.m.; no action taken.

THURSDAY, SEPTEMBER 17, 1998

SPECIAL MEETING TO SIGN CLOSING DOCUMENTS

The Board of County Commissioners met at 9:30 a.m. before Policy Worksession to approve several closing documents. Chair Olson presided and Commissioners Clarke and Disney were present. Also present was County Attorney George Haas. Recording Clerk, Sherry Graves.

Mr. Haas presented several closing documents for the Board's approval and the Chair's signature relating to property restricted for use as Larimer County Open Space pursuant to the sale tax initiative passed by the voters on November 7, 1995 (Devil's Backbone); those closing documents were: a Deed of Trust, Promissory Note, Deed of Conservation Easement, a Memorandum, and Agreement on Permit for Easement Crossing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a Deed of Trust, Promissory Note, Deed of Conservation Easement, Memorandum, and an Agreement on Permit for Easement Crossing for closing of property known as the "Devil's Backbone", and authorize the Chair to sign all the documents as presented.

Motion carried 3-0.

D98-13 DEED OF TRUST BETWEEN LARIMER COUNTY (GRANTOR)

AND 1ST CHOICE BANK OF FORT COLLINS, COLORADO (LENDER)

(Purchase of Open Space Land - Devil's Backbone)

D98-14 DEED OF CONSERVATION EASEMENT BY STEVEN T. WILD

(GRANTOR) AND THE BOARD OF COUNTY COMMISSIONERS

(GRANTEE) (75' Wide Conservation Easement on Property being

retained by Steven Wild)

A98-152 AGREEMENT ON PERMIT FOR EASEMENT CROSSING BETWEEN

THE BOARD OF COUNTY COMMISSIONERS, STEVEN L. WILD

AND THE LOUDEN IRRIGATING CANAL AND RESERVOIR CO.

The meeting adjourned at 9:35 a.m.

___________________________________________

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

___________________________________

Gael M. Cookman, Deputy County Clerk