> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 26, 1998

PARKS & OPEN LANDS DEPARTMENT MEETING

(#386)

The Board of County Commissioners met at 9:30 a.m. with K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present was Peter Remington, Land Agent I. Recording Clerk, Gael Cookman.

Ms. Cameron requested Board approval on the purchase of an additional 6.1 acre parcel on the west side of the Devil's Backbone; she noted that this is an integral piece of the Devil's Backbone Protection Project and that a portion of it will be used to provide a rugged trail for recreational use. Ms. Cameron stated that there are still some buildable parcels on the west side of the Backbone, but they were doing everything possible to try and preserve the scenic beauty of the Backbone. Ms. Cameron explained that the purchase price is $92,500.00 and the closing is set for November 20, 1998.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the purchase of an additional 6.1 acre parcel adjacent to the Devil's Backbone from Leslie G. Golden for $92,500.00.

Under discussion of the motion, Chair Olson noted that the cost per acre was much more than the cost of the Devil's Backbone itself and she wanted to be sure that paying so much for this parcel of land did not hinder the County's efforts in purchasing other property in the area. Commissioner Clarke noted that since this is buildable property, it would cost more than property that is unable to be developed and he felt this was a fair price.

Motion carried 3-0.

Ms. Cameron then gave the Board an update regarding the In Lieu Fee Standards in conjunction with the Regional Park Land Dedication; she noted that the fee is $701.00 and the Planning Commission suggested the County raise 75 percent of the fee, but the Open Lands Board felt the County should raise 100 percent of the fee. Chair Olson recommended that both Tom Keith, Chairman of the Open Lands Board, and Ms. Cameron come before the Board to explain their position on this issue during the next scheduled meeting.

Ms. Cameron also informed the Board that section B (4) of the Land Use Code pertains to Location and Extent Review and specifies that public parks, trails or trail heads, etc. are subject to approval by the Planning Commission; she noted that this means that Open Lands Projects will have to go through the public process twice, which seems to be excessive, and will delay completion of their projects. Some discussion followed regarding the Location and Extent Review. Commissioner Disney felt it was important to have adequate public process in place for these types of projects as the surrounding communities need to be able to voice their opinions if a trail were proposed for their "backyard". Chair Olson felt it would probably be beneficial to have the Parks Department adjust their current process to include greater public input. Ms. Cameron agreed that they could adjust their process; however, she does not want to jeopardize the confidentiality of the landowner when working on contract negotiations. Commissioner Clarke also expressed concern with the Land Use Code regarding the clause that deals with Public schools. The Board as a whole agreed that these issues should be clarified at the next PLUS Steering Committee, which will be held on Tuesday, October 27, 1998; they recommended inviting both County Attorney George Hass and Assistant County Attorney Jeannine Haag and also a representative from the School District.

Finally, Ms. Cameron noted that the field trip to the Soderberg, Spring Canyon and Sylvan Dale properties has been rescheduled to a later date; she then requested that the Board go into executive session to discuss land negotiations.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:15 a.m. to discuss land negotiations.

Motion carried 3-0.

The meeting recessed at 10:40 a.m.; no further action taken.

LAND-USE PLANNING MEETING

(#389)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning.. Chair Olson presided and Commissioner Disney was present. Also present were: Rob Helmick, Senior Planner; Sean Wheeler, Planner I; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Olson stated 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 65 AND 73, GLACIER VIEW MEADOWS

SUBDIVISION, 12TH FILING (#98-S1301): 36-09-72 - OFF CR 72E AT

THE END OF SNAKE MOUNTAIN COURTS; 4.2 ACRES; 2 LOTS;

E-ESTATE ZONING

This is a request for an Amended Plat to combine Lots 65 and 73 within the Glacier View Meadows Subdivision, 12th Filing, and to vacate one 20' existing utility easement along the common lot line; said combining of lots will result in one lot being approximately 4.21 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 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 65 and 73 within the Glacier View Meadows Subdivision, 12th Filing; 2) Approval of the proposed vacation of the existing 20' utility easement as shown on the plat.

2. INDIAN CREEK RANCH STREET NAME CHANGE (#98-S1302):

PORTIONS OF SECTIONS 06-05-59; 18,30,31-06-69; 24,25-6-70,

LOCATED NORTH AND EAST OF GLADE ROAD, CR 25

This is a request to name four internal roads within a new development of 35 acre lots known as Indian Creek Ranch. Staff findings are: 1) Unique street names are important and needed to accommodate addressing of each dwelling. Having specific street names within this subdivision and area will reduce confusion in locating specific addresses; 2) No objections to the proposed application or names proposed were received, except as noted above; except for the two names in conflict with existing names; 3) The proposed street name change will simply eliminate new addresses on County Road 25, Glade Road, allowing individual addresses within the development area; 4) The County Health and Engineering Department, and all utility and emergency service providers in this area, reviewed the proposed street name changes and stated no objections. The staff recommendation is that the street names "Indian Creek Road" and "Rocky Mountain Road", as illustrated on attachments herein be approved for the Indian Creek Ranch development. The third road name is "Soaring Eagle Pass", also shown on the attached.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 65 and 73, Glacier View Meadows Subdivision, 12th Filing (#98-S1301), and the Indian Creek Ranch Street Name Change (#98-S1302).

Motion carried 2-0.

The hearing recessed at 3:10 p.m.

PUBLIC HEARING REGARDING SPEED HUMPS

(#389)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing regarding speed humps. Chair Olson presided and Commissioner Disney was present. Also present were: Marc Engemoen, Public Works Director and Chuck Panella, Chairman of the Neighborhood Traffic Safety Task Force. Recording Clerk, Gael Cookman.

Chair Olson opened the meeting and asked Mr. Panella to conduct a slide show presentation which reviewed the process and recommendations of the Neighborhood Traffic Safety Task Force. Mr. Panella explained that requests for both installation and removal of neighborhood bumps, humps and barricades led to a public hearing in October of 1997 and since it became apparent that there were a wide range of views regarding traffic mitigation devices, the Commissioners agreed to create a Neighborhood Traffic Safety Task Force. Mr. Panella briefly described the process the Task Force used to determine the issues involved and the research techniques and resources that were used in order to arrive at their proposed recommendation; he noted that the primary use of humps or bumps would be for residential streets only and their recommendation included: 1) That 65% of the affected property owners would need to be involved in order to determine whether or not speed bumps or humps were installed or removed; 2) A method of determining who legitimately makes up a neighborhood; 3) How the use of any traffic mitigation devices would be funded; 4) The minimal engineering standards that would be required; and 5) Other alternatives to humps or bumps, such as barricades used to stop cut-through traffic. Mr. Panella noted that the Task Force members did not agree on all aspects of their recommendation, as with using humps verses bumps, but they all agreed that there are some situations where the use of traffic mitigation devices in the county could be advantageous.

Commissioner Disney questioned whether or not the County Road and Bridge Department had been contacted to see if the humps or bumps would hinder their snow removal operation. Mr. Engemoen noted that he was the representative for Road and Bridge and he felt that for the most part they would be able to operate effectively around the mitigation devices but it might be a good idea to let property owners know that if they install the humps or bumps, it may impede their snow removal service. There was also some discussion regarding the funding for these mitigation devices and the determination of which property owners are allowed to vote on the installation or removal of these devices.

Chair Olson opened the meeting for public comment and Task Force member Jerry Runta addressed the Board by stating that he did not agree with the recommendation of installing humps versus bumps; he noted that their neighborhood, Saddleback Estates, installed speed bumps, and they have been very effective in slowing down traffic and they only cost $600.00 per bump to install, versus the installation fee of $1,400.00 per hump. Mr. Runta also stated that those neighborhoods that have installed either humps or bumps were not in violation at the time of installation since there was no policy at that time. Because of this, Mr. Runta stated that he feels the existing humps or bumps that are already installed in subdivisions should be granted immunity from the policy that will be created as a result of the Task Force recommendations.

James Harrington, a citizen from Fairway Estates, thanked the Commissioners for allowing the Task Force to do such a fine job. Task Force member Jim Hartman also thanked the Commissioners and stated that everyone should remember that the mitigation devices are there to slow traffic down to the posted speed limit, they should not be used to slow traffic down to where they would have to almost stop to get over the bump.

Chair Olson closed the public comment session and moved into discussion. Commissioner Disney and Chair Olson congratulated the Task Force on a job well done. Mr. Engemoen explained that he would work on the legal aspects of this recommendation and draft a resolution for the Board to sign.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the work on behalf of the Neighborhood Traffic Safety Task Force and direct the Public Works Director to create a resolution in order to set a policy regarding traffic mitigation devices.

Motion carried 2-0.

Meeting adjourned at 8:05 p.m.

TUESDAY, OCTOBER 27, 1998

ADMINISTRATIVE MATTERS

(#390)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Marc Engemoen, Director of Public Works; Lt. David Cox, Sheriff's Department Operations Division; Donna Hart, Staff Services Manager Commissioners' Office; Deni LaRue, Community Information Manager; and Tom Clayton, CSU Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Gary Graham, Veronica Paegent, Angela Whalen, and Tony Neff.

Mr. Graham came to discuss problems in Fairway Estates with regard to traffic cutting through the subdivision to access Harmony Road; he noted that the residents would like to set up a temporary road closure, either at the bridge at the bottom of the lake or at the beginning of Fairway Estates. Chair Olson informed Mr. Graham that a hearing was held last night to discuss speed humps and traffic calming devices and the Board received recommendations from the Neighborhood Traffic Safety Task Force for setting a plan in motion. Mr. Engemoen stated that a process is in place that if 65% of the neighbors agree on a particular measure, and if they are willing to pay the cost of installing and maintaining that measure, the County is willing to work with them. Ms. LaRue submitted a copy of those recommendations of the Task Force to Mr. Graham.

Ms. Paegent expressed concern regarding a sexual assault that occurred to her on May 14, 1998 and stated that very little has been done to capture her assailant; she noted that she is sure she has seen the man at least three times since then within a one-mile radius of her home and she doesn't feel safe. Ms. Paegent stated that she was kidnapped in the City and taken out into the County and assaulted; she contacted the Mayor's Office and they said it is out of their jurisdiction. Ms. Whalen cited other rapes that have occurred in the CSU/College and Mulberry vicinity which also have not been solved. Chair Olson asked Ms. Paegent if she has talked to the Sexual Assault Victims Assistance Team; she responded in the affirmative and stated that they are helping her with the emotional aspect of the assault, but not the legal aspect. Lt. Cox offered his assistance and asked for the opportunity to discuss this with them to devise a plan; he stated that he is troubled about the City's response because this is their case and he will contact them immediately and offer to work on it together. Commissioner Clarke stated that it is obvious that both jurisdictions should be involved in this case.

Mr. Neff, Manager of the Pleasant Grove Mobile Home Park on Trilby Road, stated that this is the third time he has come before the Board concerning the unsightly property across the street. Mr. Neff stated that Mr. Pedas, Code Enforcement Officer, told him that the County does not have the authority to go in and enforce regulations regarding zoning and he asked how long does he have to wait before this individual is required to clean his property. Ms. Haag explained that a court date was set, but the property owner didn't show; subsequently, a default judgment is prepared and mailed and then if nothing is done, they ask for a contempt citation, or if the judge has included in his order the ability for the County to go on the property and remove the debris, the Commissioners are requested to authorize the expenditure of funds for cleaning the property, and then a lien is filed against the property. Ms. Haag stated that they are somewhere in that process and if the motion for default has been filed, then it is somewhere in the court schedule. Chair Olson informed Mr. Neff that No. 1 on the CCI prioritized list for the legislature agenda for next year is to give Counties more power to enforce zoning regulations; she asked Mr. Neff to come testify before the State Legislature regarding this matter and he said that he would be happy to do that.

2. APPROVAL OF MINUTES FOR WEEK OF OCTOBER 19, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 19, 1998, as submitted.

Motion carried 2 - 0; Chair Olson abstained from voting as she did not attend last weeks' Administrative Matters meeting.

3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 2, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of November 2, 1998, as submitted and revised.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on October 27, 1998:

PETITIONS OF ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: The Chocolate Drop; Western Telecommunication, Inc.; Ronald & Catherine Ellis; James & Barbara Murphy; Marcy Haire; Barbara Bachus; Steven Michael Fry; Rudy & Jennie Garcia; John & Joan Medlin; and Kristy Clark.

MISCELLANEOUS DOCUMENTS: Amended Plat for Bosworth Addition to Bellvue; Financial Operating Procedure 320.10B; and Financial Operating Procedure 320.15B.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Loyal Order of Moose Lodge #275 - 6% - Fort Collins, CO.; Red Feather Liquors - 6% - Red Feather, CO.; Schrader Country Store #440 - 3.2% - Fort Collins, CO.; Red Feather Café & Bar - 6% - Red Feather Lakes, CO. Licenses were issued to: LaChaumiere, Inc. - 6% - Lyons, CO., and Windjammer Lounge - 6% - Loveland, CO.

A98-167 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THOMAS G. AND

MARTHA H. NOONAN FOR WYNDHAM HILL PUD 2ND

(PHASE 2)

A98-168 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON

COUNTY ROAD 56 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND REUBEN, LENORA, AND RICHARD

DEWAYNE FOLOT

C98-60 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, LARIMER COUNTY SHERIFF'S OFFICE,

AND THE COLORADO DEPARTMENT OF TRANSPORTATION,

OFFICE OF TRANSPORTATION SAFETY (Enforcement of DUI Laws)

R98-171g RESOLUTION APPROVING THE LAW ENFORCEMENT

ASSISTANCE FUND (LEAF) CONTRACT NO. L-14-99

R98-172s FINDINGS AND RESOLUTION APPROVING THE AMENDED

MASTER PLAN AND AMENDED PRELIMINARY PLAT OF

WYNDHAM HILL PLANNED UNIT DEVELOPMENT

R98-173z FINDINGS AND RESOLUTION ADOPTING THE OFFICIAL

LARIMER COUNTY ZONING MAPS IN GIS FORMAT

Motion carried 3-0.

5. RESOLUTION APPOINTING DALE L. MILLER AS ROAD AND BRIDGE DIRECTOR: Mr. Engemoen stated that he is pleased to bring the recommendation to the Board requesting that they appoint Dale L. Miller to the position of Road and Bridge Director and, if the appointment is approved, Mr. Miller asked Mr. Engemoen to express appreciation to the Board for the appointment as he is meeting with the District Supervisors this morning and could not be here to do it himself. Mr. Engemoen read a brief biographical background of Mr. Miller to the Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Dale L. Miller to the position of Road and Bridge Director for Larimer County, at an annual salary of $62,500, effective November 1, 1998, and authorize the Chair to sign the resolution authorizing same.

Motion carried 3-0.

R98-174g RESOLUTION APPOINTING THE ROAD & BRIDGE DIRECTOR

FOR LARIMER COUNTY

6. WORKSESSION:

-- Update on Internal Organizational Plan: Mr. Gluckman provided an update on the Internal Organizational Plan; he noted that he sent E-Mails out County-wide to solicit input from employees on the Plan and received a very good response. Mr. Gluckman stated that the next step will be to refine the responses into 5 initiatives and their goal is to have a plan to bring to the Board in January, 1999.

-- Facilitator Program: Mr. Gluckman stated that six top candidates for the Facilitator Program for the City of Fort Collins and Larimer County were interviewed and it is now narrowed down to the top two and the Facilitator will be chosen by the end of this week and the program will start the first of the year.

-- "Right to Farm Program": Mr. Gluckman stated that this afternoon he is meeting with Laurel Kubin and Bob Hamblen from the Extension Office and with mediators from the City of Fort Collins to discuss how to put together the "Right to Farm" Program.

-- County Seat for a Day in Loveland: Ms. LaRue stated that they were considering scheduling "County Seat for a Day" in Loveland on November 12, 1998 during Policy Worksession and the topic was going to be loitering; however, since it is important to have a policy worksession regarding the Economic Development Council before the end of the year, she asked the Board if they would like to wait until January to have "County Seat for a Day" in Loveland. The Board concurred that January would be fine.

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

7. COMMISSIONER REPORTS:

-- Commissioner Clarke reported that he had a good discussion regarding impact fees with Representative Steve Johnson and representatives from CCI.

-- Chair Olson submitted copies of prioritized legislative agendas which they compiled at CCI and she asked for input from the Board.

At this time, Assistant County Attorney Jeannine Haag, Director of Planning Larry Timm, and Director of the Rural Land Use Center Jim Reidhead joined the meeting for legal matters.

8. LEGAL MATTERS:

-- Mr. Reidhead stated that he has a community meeting tomorrow evening with some of the property owners on the Deline project and there are 3 properties involved in this project that have been through the MRD process. Mr. Reidhead asked the Board if they want to require this remaining land to go through the subdivision process or can they go through the rural land use process? After discussion of County policy and this situation with Ms. Haag, the Board decided that it would be appropriate for this project to proceed through the rural land use process.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:15 a.m. for confidential legal advice about land use regulations.

Motion carried 3-0.

The Executive Session ended at 10:40 a.m.; no action taken.

WEDNESDAY, OCTOBER 28, 1998

PUBLIC HEARING FOR LONGVIEW DRIVE L.I.D. FOR AMENDING

CREATING RESOLUTION

(#391)

The Board of County Commissioners met at 7:00 p.m. for a public hearing in Estes Park, Colorado in the School District Administration Building Board Room to consider amending the LongView Drive L.I.D. Creating Resolution, No. 1997-2. Chair Olson presided and Commissioner Disney was present. Also present were: Rex Burns, Special Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, Sherry Graves.

Mr. Burns explained that the purpose of tonight's public hearing is to provide an opportunity for the Board to receive public input regarding any objections or protests that might be made against the proposed changes to some of the conditions under which the Longview Improvement District was formed in 1997. Mr. Burns stated that the District was formed for the purpose of paving the streets of Longview Drive, Fairway Lane, Wildwood Drive, Willow Lane and Whispering Pines Drive, all in Carriage Hills Subdivision and the District was approved by the voters in November 1997. However, following the election, it was discovered that an error was made in the process of notification of the people that were to vote on the improvement district and the bond attorneys felt that the election was invalid and so the Commissioners have ordered a second election to occur on November 3, 1998. Mr. Rex noted that, due to the delay in the project, the costs of the improvements within the District have increased from that originally anticipated, and it is necessary to amend such estimated costs, plus a 5% contingency, and the method of assessment.

Ms. Martell stated that the estimated total cost of the project is approximately $240,000, all of which will be assessed against the property in the District; she noted that currently, there are 84 platted lots, 4 of which are entitled to a one-half assessment and the estimated assessment for the 80 lots is $2,927 and $1,464 for the 4 lots. Ms. Martell stated that these amounts are principal only and do not include interest, which will accrue if the property owner elects to pay in installments; she noted that the assessment has increased by approximately $300.00 for each property.

At this time the hearing was opened for public comment and the following persons asked for clarification regarding certain matters: Morris Ojalvo, William Tyrrell, Jay Heineman, Carolyn Richards, Ron Hansen, Mary Olson, Curt Newman, Dayton Olson, and Howard Brigham. Mr. Ojalvo asked a number of questions regarding how the financing was figured; he asked if the total assessment is paid within 30 days of the assessment, will that amount be no more than $2,927? Mr. Burns responded affirmatively and indicated that he would send a letter to Mr. Ojalvo stating same. Mr. Tyrrell asked if he owns two lots, can he vote twice; Ms. Martell responded "No". Mr. Heineman stated that last year the plan was for 3 inches of compacted asphalt and he asked if that will be the same this year; Mr. Burns responded in the affirmative. Mr. Heineman also asked if the price for doing the driveways has been changed; Mr. Burns stated that they can structure the bid so that the price of asphalt for the driveways, which is paid for by the property owners, is the same as what the County will pay. Mr. Hansen asked when the bids will be let and why they can't be let the day after the election; Mr. Burns explained that they can't build in the winter and can't begin construction until May or June and the project needs to be bid at the same time that they sell the bonds. Chair Olson explained that, as the daughter of a contractor, if the bids were let in November, anticipated inflation would have to be included and chances are they would be higher than when figured near the time of construction. It was emphasized that the cost will not exceed the amount in the resolution. Ms. Olson asked if they were to get the bid in November, why would you have to start paying before they start the work in April or May? Mr. Burns stated that he will commit to discussing this with the County Engineer and Public Works Director. Mr. Newman stated that he heard a rumor that they won't start construction until next September so the trucks won't be driving up and down the canyon during the tourist season; Ms. Martell stated that this is a policy of the Town of Estes Park, but not the County. Mr. Olson asked if we pass this again and some people are upset about it, what is to prevent them from delaying this time and time again; he was advised that the cost of attorney fees would be more than the cost of the assessment. Mr. Hansen asked if the Engineering Department will supervise the construction; Mr. Burns responded affirmatively. Mr. Ojalvo asked about maintenance of the streets after they are improved; Mr. Burns responded that the County will be responsible for chip and seal of the roads every 6 years and will assume responsibility for maintenance because the roads were accepted for County maintenance when the Carriage Hills Subdivision was approved. Mr. Heineman asked about the life span for these streets; the answer was approximately 20 years. Mr. Brigham asked what is the earliest possible time construction can commence; Mr. Burns responded June 1, 1998, weather permitting. Mr. Brigham asked about speed on the road; he noted that 25 mph is too fast and should be reduced to 15 mph; Mr. Burns will discuss this suggestion with Mr. Temple, Project Engineer. Chair Olson cautioned that one thing that happens when roads are improved, is that the speed of the cars increases, regardless of the posted speed limit. Mr. Heineman asked about order of construction, if it will be curb & gutter, driveways and then the streets; Mr. Burns responded that seems like the reasonable sequence. Ms. Richards asked if trees have to be removed, will the property owners be responsible for removal; Mr. Burns responded that tree removal will be an expense of the project.

The Commissioners thanked everyone for coming to the hearing tonight.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution amending Resolution R98-129d, dated August 26, 1997, creating the Larimer County Local Improvement District No. 1997-2 (Longview Drive) and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-175d RESOLUTION (AS AMENDED) CREATING THE LARIMER

COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1997-2

(LONGVIEW DRIVE), IN LARIMER COUNTY, COLORADO,

ORDERING THE CONSTRUCTION, INSTALLATION,

COMPLETION, AND ACQUISITION OF CERTAIN LOCAL

IMPROVEMENTS AND PROVIDING FOR THE ISSUANCE OF

BONDS IN PAYMENT FOR SAID IMPROVEMENTS

The hearing adjourned at 8:05 p.m.

THURSDAY, OCTOBER 29, 1998

PUBLIC HEARING REGARDING FORT COLLINS INDUSTRIAL PARK

TO AMEND THE CREATING RESOLUTION

(#392)

The Board of County Commissioners met at 1:30 p.m. for a public hearing to consider amending the Fort Collins Industrial Park L.I.D. Creating Resolution, No. 1997-1. Chair Olson presided and Commissioner Clarke was present. Also present were: Rex Burns, Special Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, Sherry Graves.

Mr. Burns stated that the purpose of today's advertised public hearing is for the Board to consider certain changes in the resolution for the Fort Collins Industrial Park Local Improvement District No. 1997-1, which was formed for the purpose of paving and stormwater drainage improvements; he noted that the streets to be rehabilitated are the entire length and width of Racquette Drive and Commerce Drive and Heath Parkway from its intersection with Commerce Drive east to its intersection with Airpark Drive. Mr. Burns described the improvements and noted that the major change being considered is the price that was advertised for the district; he stated that these improvements were bid in July of 1998 and the bid came in higher than previously advertised for the District, the reason being an increase in the price of asphalt, which has increased about 40% in the last three years from $22 per ton to $37 per ton. Mr. Burns stated that the estimated total cost of the project is $370,000, which will be assessed against the properties in the District; he noted that there are 58 platted lots in the assessment area and the estimated assessment for each lot is $6,380, which does not include interest, which will accrue if the property owner elects to pay in installments.

At this time the hearing was opened for public comment; Jackie Middleton and Bob Underhill both indicated their support for amending the original resolution so the project can proceed. Mr. Underhill stated that he would like to see some of their tax money be set aside for maintenance of the roads after they are improved; Mr. Burns responded that the County will assume responsibility for maintenance of the roads.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution amending Resolution R98-121d dated August 19, 1997, creating the Larimer County Local Improvement District No. 1997-1 for Fort Collins Industrial Park, to allow for inflation of the cost of asphalt, etc., and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-176d RESOLUTION (AS AMENDED) CREATING THE LARIMER

COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1997-1

(FORT COLLINS INDUSTRIAL PARK) IN THE COUNTY OF

LARIMER, COLORADO, ORDERING THE CONSTRUCTION,

INSTALLATION, COMPLETION AND ACQUISITION THEREIN

OF CERTAIN LOCAL IMPROVEMENTS AND PROVIDING FOR

THE ISSUANCE OF BONDS IN PAYMENT FOR SAID

IMPROVEMENTS

The hearing adjourned at 1:50 p.m.


____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Gael M. Cookman, Deputy County Clerk

_________________________________

Sherry E. Graves, Deputy County Clerk