Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, SEPTEMBER 7, 1993

SUBDIVISIONS

(#325)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Jerry White, Zoning Administrator; Al Kadera, Subdivision Administrator; Elaine Spencer, Manager of Engineering Operations & Planning; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett stated that the following are consent items and will not be discussed in detail unless specifically requested by the Commission or members of the audience.

1. D. JOHNSTON MINOR RESIDENTIAL DEVELOPMENT (#S-47-90):

SE 1/4, 1-5-70 - ADJACENT TO THE NORTH SIDE OF HIDDEN VIEW

ESTATES, ONE MILE EAST OF COUNTY ROAD 27; 45 ACRES;

4 LOTS; FA-1 ZONING (9-7-93).

This is a request to divide approximately 45 acres with no existing structures into 4 single family residential lots of 30.6, 2.3, 2.3, and 10 acres each. Staff Findings include: 1) The proposed Johnston Minor Residential Development is consistent with the zoning of the site and with existing development in the area; 2) This minor Residential Development presents an opportunity to allow the homeowners in Hidden View Estates to acquire the property that includes the common leach field for their sewage disposal system; 3) The proposed Johnston Minor Residential Development is consistent with the Minor Residential Development regulations that were in effect when the application was made. Legal problems with access to this site and the negotiations concerning ownership of the leach field site prevented this application from being considered before the regulations were amended; 4) Approval of the Johnston Minor Residential Development with the following conditions will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

Staff Recommendation is for approval of the Johnston Minor Residential Development with the following conditions: Before the Final Plat is recorded, the applicants shall execute an agreement

with the homeowners in Hidden View Estates concerning the ownership of the common leach field, improvements to the sewer system, and maintenance of the roads in the subdivision; 2) Final construction plans shall be reviewed and approved by the County Engineer, County Health Department, County Flood Plain Administrator, Arkins Water Association, and the Loveland Fire Department; 3) Easements for utility purposes shall appear on the Final Plat as requested by Public Service Company; 4) The Final Plat shall indicate the location of the flood plain on this site. Flood way areas shall be identified as "non-buildable"; 5) The following notes shall appear on the Final Plat: A) Off-site Road Fees shall be collected when building permits are issued for single-family dwellings on this site; B) Larimer County Park Fees shall be collected when building permits are issued for single family dwellings on this site; C) Engineered foundation plans shall be required for any construction on this site; D) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any single family dwelling on this site; 6) The parcel to be deeded to the Hidden View Estates Homeowners for the common leach field shall be clearly identified on the Final Plat as a Tract which is labeled as "not a building site".

2. ADAMSON REZONING: SE 1/4 OF 35-08-69; WEST SIDE OF HIGHWAY

287, AT THE INTERSECTION OF HIGHWAY 287 AND COLORADO 1;

1.4 ACRES; O-OPEN/URBAN GROWTH AREA ZONING (9-7-93).

This is a request to rezone from O-Open to C-Commercial to allow a produce stand, and waiver of Urban Growth Area Phasing Criteria for public sewer. Staff Findings are: 1) The requested waiver and rezoning request are consistent with the intent and purposes of the land use plans and policies of Larimer County and the City of Fort Collins; 2) Approval of the waiver may be granted without substantial detriment to the intent and purposes of the Supplemental Regulations, which apply to the area; 3) The waiver request is justified, because there are unusual circumstances which apply to the specific property, which do not apply generally to the remaining property in the Urban Growth Area; 4) Approval of the waiver and the rezoning would not impair the public health, welfare, or safety, by creating undesirable traffic conditions, unhealthy sanitary conditions, or adverse environmental influences in the area; 5) The proposed use is compatible with surrounding land uses and zoning, and will not create a spot zone.

The Staff/Urban Growth Area Review Board Recommendations are for approval of the request to waive the requirement for connection to public sewer, with the condition that the owner agree to connect to public sewer when it is within 400 feet of the property and to participate in any Improvement District, which might be formed to provide public sewer to the property; and approval of the request for rezoning from O-Open to C-Commercial, with the following conditions: 1) Applicant shall sign a standard annexation agreement; 2) Prior to hearing before the Board of County Commissioners, the applicant shall provide the following for approval by County Staff: Detailed landscaping plan in compliance with County Guidelines, signage plan, lighting details, and legal description and plat signed by a licensed surveyor; 3) No off-premise advertising signs permitted; 4) No operation of diesel trucks or refrigerator units on the property between the hours of 10 p.m. to 7 a.m.; 5) All storage of materials and vehicles shall be within the fenced storage area. Fencing must be in accordance with plans approved by County Staff and must be maintained by the owner; 6) All structures must have a building permit and must comply with the Uniform Building Code; 7) There shall be no residential use of the property, including occupancy of campers, RV's. or buildings; 8) Paving of the access and parking must comply with requirements of the County Engineering Department; 9) Access requirements of the Poudre Fire Authority must be met; 10) Owner shall provide Deed of Dedication for an additional 35-feet of right-of-way adjacent to Highway 287; 11) Prior to any use of the site, the applicant shall provide County Planning with a copy of the access permit issued by the Colorado Department of Transportation; 12) Unless otherwise provided in the above conditions, all development and use of the property shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated May 18, 1993); 13) An 8-foot wood fence is to be constructed around the storage area and a minimum 6-foot wood fence be constructed from the storage north to where the commercial activity ends.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/UGA Review Board Recommendations and approve the D. Johnston Minor Residential Development (#47-90), and the Adamson Rezoning; each, with the conditions as outlined above.

Motion carried 3 - 0.

3. GREY MOUNTAIN DRIVE RIGHT-OF-WAY VACATION (#93-0S0268FPO)

NE 1/4 24-04-71; SOUTH END OF GREY MOUNTAIN DRIVE, 4 MILES

SOUTHWEST OF CARTER LAKE (9-7-93).

This is a request to vacate the final 742 feet of Grey Mountain Drive as it crosses three parcels. Staff Findings include: 1) X-7 Subdivision was platted with public roads to ensure perpetual access to all the lots; 2) The lots were public when the present owners purchased their lots and the roads should remain public to protect the value of these lots; 3) There may be other solutions to the stated problems that would not result in lots without frontage on public roads; 4) It would not be in the best interest of the present or future lot owners to leave any subdivision lots without a public road frontage. Mr. Kadera noted that the County Engineer recommends denial of this vacation and Staff supports this recommendation. Ms. Spencer stated that her concern is that if the vacation occurs, two lots will be left without public access. Mr. Busby, applicant, addressed the Board and submitted photos of the road and cul-de-sac. Mr. Busby stated that because the road continues on through Grey Mountain Loop, the need for public use of the cul-de-sac does not exist any more. Mr. Busby asked if he could meet the Board's concerns by dedicating the new road to the County and getting a perpetual easement from the neighbors to provide access to the road. Mr. Kadera noted that an easement has been granted to the road association, but a public dedication has not been made or accepted by the Board at this point. Mr. Kadera stated that if a public dedication of the road would be made by the property owners, the matter could be resolved.

 

M O T I O N

Commissioner Duvall moved that the Board table the Grey Mountain Drive Right-of-Way Vacation until Monday, October 11, 1993 to allow time for Staff and the applicant to work out conditions to resolve this matter.

Motion carried 3 - 0.

4. LEISTIKOW MINOR RESIDENTIAL DEVELOPMENT (#92-EX0021):

NW CORNER 17-06-68; SOUTHEAST CORNER OF INTERSECTION

COUNTY ROAD 11 AND COUNTY ROAD 34; 40.27 ACRES;

4 LOTS; FA-1 FARMING ZONING (9-7 93)

This is a request to divide 40.27 acres into four lots of 33.4 acres, 2.29 acres, 2.29 acres, and 2.29 acres for single family dwellings. Mr. Kadera reviewed the major concerns and issues and noted that the Leistikow MRD was approved in 1992. At that time, road maintenance was discussed but no agreement was signed. Since that time, other MRD approvals in the area required that those property owners sign an agreement concerning maintenance. Now the neighbors are concerned that if one of these lots is sold, no provision will be made for road maintenance. Therefore, the property owners in the area are asking the County to take some action requiring Mr. Leistikow to sign an agreement. Mr. Kadera outlined four options for the Board's consideration. Staff Findings are: 1) The Leistikow Minor Residential Development was conditionally approved on May 11, 1992; 2) Lots 1 and 4 of the Leistikow MRD were required to participate in the maintenance of the common access road on the south boundary of these lots; 3) Mr. Leistikow contends that he has always participated in the maintenance of this road but the neighbors are concerned that this agreement has not been reduced to writing so future owners of these lots are bound by the same condition of approval; 4) Fairness dictates that a written agreement should be devised to obligate the owners of Lots 1 and 4 of the Leistikow Minor Residential Development to participate in the maintenance of the common access road.

Staff Recommendation is that the County Commissioners impose a lot sale restriction and a building permit hold on Lot 3, Leistikow MRD, until a maintenance agreement is signed by Mr. and Mrs. Leistikow.

Mr. Leistikow addressed the Board and stated that he has participated in the maintenance of this road, and will continue to do so, but does not wish to sign an agreement. Mr. Leistikow stated that two commercial operations exist down this road, and the use of the road is unequal, and he cannot agree to sign an agreement unless it is a comprehensive road maintenance agreement which protects his property and concerns. Mr. Lefler, adjacent property owner, noted that there is an active road maintenance in the neighborhood which involves 100% of all the other homeowners except for Mr. Leistikow. Mr. Lefler stated that the objective today is to resolve the problem; Mr. Leistikow has created three lots which use this access road. Mr. Lefler stated that the road association has offered for Mr. Leistikow to pay for only one share of the road maintenance, rather than two shares, which would amount to $75 per year. Mr. Lefler has submitted for the record a letter of agreement outlining the terms of the road maintenance agreement, and noted that these terms will not change. Discussion followed. It was suggested this matter be tabled, but Mr. Leistikow requested the Board to make a decision today so it will be settled and he will abide by whatever is decided.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation and impose a lot sale restriction and a building permit hold on Lot 3 of the Leistikow Minor Residential Development (#S-91-92) until a maintenance agreement is signed by Mr. and Mrs. Leistikow.

Motion carried 3 - 0.

5. L & M ENTERPRISES MINOR RESIDENTIAL DEVELOPMENT (#S-96-89):

NE 1/2, 24-4-69, SOUTH SIDE OF HIGHWAY 56, 1/2 MILE EAST OF

BERTHOUD; 12.55 ACRES; 2 LOTS; FA-1 FARMING (9-7-93)

This is a request to divide approximately 10 acres with an existing landscaping business permitted by Special Exception. This division request would create an additional lot approximately 7.47 acres in size to be used for single family residential purposes only. Mr. Kadera provided the background information and major concerns and issues. Staff Findings include: 1) The site of the L & M Minor Residential Development is zoned FA-1 Farming. The current use of the site is subject to a site specific approval by the Board of Adjustment. Any alteration, such as reducing the lot size, must be evaluated by the Board of Adjustment. Any use, other than single family or the approved landscaping business, would not be consistent with the zoning; 2) The Minor Residential Development regulations were amended on February 1, 1993, to limit the number of lots created by Minor Residential Development to two out of a parcel that existed on May 5, 1972; 3) There appears to be some confusion concerning the ultimate use of the parcel to be created. A previous staff report indicates a desire to create an additional residential lot, but the application only indicates a business use; 4) The existing landscaping business is permitted by a Special Exception granted by the Board of Adjustment. Any alteration to the use of the site, such as the creation of an additional lot, would require that the Board of Adjustment review the changes; 5) The appropriate method of creating new business or commercial parcels is through rezoning and Planned Unit Development rather than Minor Residential Development and Special Exception. Staff Recommendation is for denial of the L & M Minor Residential Development.

Dennis Messner, engineer representing the applicant, noted that this MRD application was started in 1989, and they now wish to proceed. The applicant wishes to divide the construction business from the greenhouse; a new access will be provided, as required by the State Highway Department. The applicants wish to continue with the process they started in 1989. Discussion followed.

 

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and deny the L & M Enterprises Minor Residential Development (#S-96-89).

Motion carried 3 - 0.

6. MCMURRY MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#93-0S0302FPO): 33-10-70; NORTH SIDE OF COUNTY ROAD 74E,

3/4 MILE WEST OF HIGHWAY 287; O-OPEN ZONING (9-7-93).

This is a request to appeal the Minor Residential Development regulations to permit an application to be filed to divide property located in Range 70. Mr. Kadera reviewed the major concerns and issues and noted that the minimum lot size is a problem. Staff Findings are: 1) The Minor Residential Development regulations were amended on February 1, 1993 to restrict the use of this method of creating new building sites in the foothill and mountain areas of Larimer County; 2) It is not unusual for a County Road in the mountains to bisect a parcel of land. It is not appropriate to recognize every such situation as creating new building sites; 3) The proposed lot does not meet the minimum lot size requirement; therefore, a Variance would be required before the Commissioners could act on a Minor Residential Development request. The amended Minor Residential Development regulations require that proposed lots meet the minimum zoning requirements without needing a Variance.

Staff Recommendation is for denial of the appeal of Duane A. and Murry McMurry to allow Minor Residential Development application on the property located in Section 33, Township 10 North, Range 70 West of the 6th P.M.

A representative for Mr. McMurry addressed the Board and stated that this parcel of ground is unusable to the applicant, not even for running cattle, and that is the reason for this request to appeal so the piece of land could be sold off for a single family residence. The option of selling it to the adjacent property owner to this site is not viable because that land is State owned.

M O T I O N

Commissioner Duvall moved that the Board deny the McMurry Minor Residential Development Appeal, due to the Board's policy to not encourage more development in the mountains.

Motion failed 1 - 2; Chairman Hotchkiss and Commissioner Disney dissenting.

 

M O T I O N

Commissioner Disney move that the Board adopt the Staff Findings and approve the McMurry Minor Residential Development Appeal.

Motion carried 2 - 1; Commissioner Duvall dissenting.

The meeting recessed at 10:35 a.m.

PUBLIC WORKS STANDING MEETING

(#326)

The Board of County Commissioners reconvened at 1:30 p.m. in general session with Rex Smith, Director of Public Works. Chairman Hotchkiss presided; Commissioners Duvall and Disney were present. Also present were: Bill Gordon, County Administrator; John Barnett, Director of Planning; Elaine Spencer, Manager of Operations and Planning Engineering; Len Bammer, Fleet Manager; Frank Lancaster, Director of Natural Resources; and, Rex Burns, Special Districts Administrator. Recording Clerk, D. Lord.

Mr. Smith asked for clarification regarding the Board's interpretation of the payment for the North East Businessmen's Association's costs for road repairs and any future maintenance costs. Chairman Hotchkiss stated that his understanding was that the County would pay half of the costs of that one emergency repair, but payment for future maintenance costs would be dependent upon a Special District being formed via an election. He said that furthermore, the consensus of that discussion was that if a Special District was approved, and a bond approved, that the County would be reimbursed these costs. Mr. Smith noted that the amount in question was $3500.00. After discussion and review of minutes of the initial meeting in which this item was discussed, the Board agreed to reimburse the N.E. Businessmen's Association for the repair immediately.

Groundwater Cutoff Wall at Landfill: Mr. Lancaster presented a map of the County Landfill to demonstrate the location of the groundwater surfacing and the proposed Groundwater Cutoff Wall. According to Mr. Lancaster, a pool of water in the low fill area was found early this summer and testing has proved that the water is (a) is clean water from an underground stream, (b) is far enough under ground that it does not come in contact with existing materials dumped into the fill and, as a result, does not present any hazard to the existing ground water, and (c) can successfully be redirected to bypass the landfill by building a cutoff wall at the current dam built for ground-level water. He reported that, under current restrictions, the low area where the water was found cannot be used until the water is redirected. Other alternatives to block the flow were investigated and found to be unworkable or too costly, according to Mr. Lancaster.

 

Mr. Lancaster explained that cost of construction of the Groundwater Cutoff Wall at the dam site cannot be precisely estimated since the design and installation costs will depend on the several factors not currently available for estimating costs.

Commissioner Duvall asked about the use of Bentonite in the project, and Mr. Lancaster replied that this substance, when installed, absorbs and holds water with excellent results.

MOTION

Commissioner Disney moved that the Board authorize putting this project out to bid immediately and authorize up to $80,000 to complete the entire project.

The motion carried 3 - 0.

Site Remediation Work at Shields Street: Mr. Bammer reported that his staff had pumped out the groundwater in the area and that the findings as they continued to dig showed that the materials were testing considerably worse than expected for contamination. He said he was recommending that the area be excavated down past the contaminated soil, transport the soil to the Ault Groundfill, and fill in the hole with clean gravel to ground level.

According to Mr. Bammer, only 3 companies are qualified under OSHA to provide the service

They were asked to provide an estimate of the cost to complete the project. He said that the lowest bidder was considerably lower than the rest, at $11.00 per cubic draw, and that he was requesting permission to use this bidder as a sole source contractor. Mr. Smith said he had spoken to Mr. Martell, Director of Purchasing, and was given approval to request a sole source contract, if approved by the Board. By consensus the Board agreed to Mr. Bammer's request

to use Z and M Pumping and Equipment for the project.

Review of 4-Year Short Range Highway Improvement Program: Mr. Smith provided a hand-out of the Department's plan and made a presentation utilizing County road maps to point out the projected road improvement areas for 1994. He said that 1995 is in the process of finalization, but that the Board still had time to revise them if they had areas of concern. He said that his department needed 12-24 months lead time on planning any major road work projects.

In 1994, in addition to the major roadwork planned, there are six additions, including one bridge replacement. He said that the lack of funds prohibit any overlay work being scheduled, even though the County should be completing 30 to 40 a year. Many of the 38 major bridges and several of the under 20 foot bridges are eligible for replacement, but the funds just aren't there.

There was considerable discussion regarding the establishment of priorities for highway work and how that process should be tied to a County policy for overall land and highway use. Commissioner Duvall expressed her concern that paving roads in undeveloped areas could draw developers to the area as opposed to their reluctance to build near roads that they would have to pay the cost of paving. Commissioner Disney agreed but said that without a strong policy the Board would not be able to enter into the planning process for highway development with a basic idea of what should be approved. He said the State has established a policy that guides them through the planning process, and he believed that should be the Board's first step.

Commissioner Disney suggested that Mr. Smith identify areas needed for clear policy guidelines that his department could use when developing their 4-year plans. Chairman Hotchkiss stated that he wanted to see the Board looking at recommendations and then developing the plan, not having staff develop the plan and then ask the Board to approve it. He said that he believed the Board should be in the process much earlier than that.

It was decided that establishing policy guidelines and understanding the basic highway development as a part of the overall county plan would require more meetings and discussions than are currently scheduled. Mr. Smith said that he had provided the Board with copies of the map he was presenting, and suggested that they study it and they will discuss the plan at the next meeting, including their suggestions and proposals for changes to the plan. It was agreed that more meetings would be scheduled to discuss this matter.

Policy regarding Roadway Repairs in Non-County Maintained Subdivisions: Mr. Smith called the Board's attention to his memo of of September 2, 1993 regarding this issue. In his memo he reviewed the present County policy, established in 1980, which states that no County resources will be sued to maintain or improve roads which are not on the county-maintained road system. Roads will be added to the system only if they are brought up to County Standards, and usually only after the creation of a local improvement district. The memo states that there are a few exceptions to this policy, but the general rule is that only due to special action of the Board is the policy not adhered to.

His memo gave several reasons for the policy as it now exists, including the lack of funds to maintain these roads at the County Standards unless an Improvement District is established and has bond income to reimburse the County for the expenditures. After discussion of the issues identified by the current policy and the implications in the future for continuing the maintenance of roads once they are brought up to County Standards to the County, both in terms of expectations and capability based on revenue. Mr. Smith reminded the Board that an obligation exists to provide this option to existing subdivisions, but there is a definite need to look at the policy for the future as new subdivisions are approved, given the present inability to maintain all of the County roads at an adequate level with the funds available.

The Board agreed that this policy should be examined closely in the planning process, and in developing an overall highway policy.

No further action was taken and the Board recessed at 3:00 p.m.

 

PUBLIC HEARING REGARDING

CONSOLIDATED LOCAL IMPROVEMENT DISTRICT 1993-1

(#330)

The Board of County Commissioners reconvened at 3:05 p.m. for an advertised Public Hearing regarding Consolidated Local Improvement District 1993-1 with Rex Burns, Special Improvement District Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Diane Martell, Staff Services Manager; Marla Hehn, Assistant County Attorney; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Burns stated that the purpose of today's public hearing is for the Board to receive testimony and consider whether or not the Consolidated Local Improvement District 1993-1 should be formed. Mr. Burns noted that the purpose of the District is to rehabilitate certain streets in two subdivisions--Fort Collins Business Center and Crossroads East Business Center. Mr. Burns described and summarized the improvements which will made within the District. To meet the requirements of Amendment #1, the County must initiate a vote of the electors county-wide. If the initiative is approved by the electors, the project will be financed by the issuance of special assessment bonds.

Mr. Blake Jordan, Bond Attorney, addressed the Board and explained the procedure which will be followed if the District is formed, and noted that an assessment hearing will be held in the spring, if the electors approve the formation of the District. Members of the audience speaking in favor of the District were Gordon Woelfle and John Shaw. Ed Woodward noted that he supports the District but objects to the amount of assessment being the same for a vacant lot and for a lot with a building. Ms. Hehn asked the Board if they had received any letters of objection to the formation of this District; they answered negative, and noted that phone calls had been received recommending approval. Questions and discussion followed.

Mr. Burns requested the Board to approve the following five resolutions:

M O T I O N

Commissioner Duvall moved that the Board adopt the Resolution Creating the Larimer County Consolidated Local Improvement District No. 1993-1, and authorize Chairman to sign same.

Motion carried 3 - 0.

R93-129d RESOLUTION CREATING THE LARIMER COUNTY CONSOLIDATED

LOCAL IMPROVEMENT DISTRICT NO. 1993-1

 

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution Calling for an Election to be held on November 2, 1993 for the purpose of authorizing the issuance of bonds and the imposition of assessments to pay for improvements in certain local improvement districts, and authorize the Chairman to sign same.

Motion carried 3 - 0.

R93-130d RESOLUTION CALLING FOR ELECTION TO BE HELD ON

NOVEMBER 2, 1993 FOR VOTER APPROVAL FOR AUTHORIZING

ISSUANCE OF BONDS AND IMPOSITION OF ASSESSMENTS

M O T I O N

Commissioner Duvall moved that the Board adopt the Resolution calling for an Election for Larimer County General Improvement District No. 4 - Carriage Hills Drive, and authorize the Chairman to sign same.

Motion carried 3 - 0.

R93-131d RESOLUTION CALLING FOR AN ELECTION FOR LARIMER COUNTY

GENERAL IMPROVEMENT DISTRICT NO. 4

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution calling an Election for Larimer County Red Feather Lakes General Improvement District No. 13A, and authorize the Chairman to sign same.

Motion carried 3 - 0.

R93-132d RESOLUTION CALLING FOR AN ELECTION FOR LARIMER COUNTY

RED FEATHER LAKES GENERAL IMPROVEMENT DISTRICT NO. 13A

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution calling an Election for Larimer County Little Valley Road General Improvement District No. 14, and authorize the Chairman to sign same.

Motion carried 3 - 0.

 

R93-133d RESOLUTION CALLING FOR AN ELECTION FOR LARIMER COUNTY

LITTLE VALLEY ROAD GENERAL IMPROVEMENT DISTRICT NO. 14

The meeting recessed at 4:00 p.m.

MEETING WITH SHERIFF SHOCKLEY

Board of County Commissioners reconvened at 4:05 p.m. with Sheriff Richard Shockley. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present was Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Sheriff Shockley requested the Board to approve the purchase of two buses from the School District for the Workender Program, for $2,500 apiece. Sheriff Shockley stated the buses have been maintained very well, are in excellent condition, and have been offered to the County before going to auction, where they will undoubtedly bring much more than $2,500. The Sheriff asked the Board to appropriate monies for one bus, and he will cover the cost of the second.

M O T I O N

Commissioner Duvall moved that the Board authorize the purchase of two school buses from the Poudre R1 School District for the Workender Program; $2,500 to be derived from '92 carryover and $2,500 from the Sheriff's Budget.

Motion carried 3 - 0.

The meeting adjourned at 4:15 p.m.

WEDNESDAY, SEPTEMBER 8, 1993

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 9:00 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioner Disney was present. Also present was Ralph Jacobs, Personnel Director. Recording Clerk, S. Graves.

1. PROCLAMATION REGARDING ADULT LITERACY AWARENESS MONTH: Connie Rockwell, Fort Collins Public Library Program Coordinator of the Adult Literacy Services, introduced Karen Folger, GED Instructor of the Front Range Community College, and Patricia Cordova, Adult Learner and Recipient of the GED and each spoke briefly. Commissioner Disney read the Proclamation aloud and made the following motion:

 

M O T I O N

Commissioner Disney moved that the Board proclaim the Month of September, 1993 as Adult Literacy Awareness Month in Larimer County, and authorize the Chairman to sign the Proclamation.

Motion carried 2 - 0.

2. REQUEST FOR BOARD APPROVAL OF EXCEPTION TO THE SICK LEAVE POLICY:

Mr. Jacobs requested Board approval of an exception to the County's Sick Leave Policy which states in part that an employee may transfer sick leave to another employee if said employee has used all their leave--if they have a life-threatening illness. A situation has arisen within the County where a husband would like to transfer 40 hours of his sick leave to his wife--both are Larimer County Employees. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board authorize the Personnel Director to allow an exception to the Larimer County Sick Leave Policy to transfer 40 hours of sick leave, after all vacation and sick leave have been used by the recipient, as requested by Mr. Jacobs.

Motion carried 2 - 0.

3. WORKSESSION:

-- Sheriff Shockley has requested Board approval of a waiver of the bidding procedure for a sole source purchase for the establishment of an Emergency Medical Priority System for E-911 calls. The LETA Board will fund the $93,000 for this purchase.

M O T I O N

Commissioner Disney moved that the Board authorize the waiver of the bidding procedure for the sole source purchase of an Emergency Medical Priority System, as requested by Sheriff Shockley.

Motion carried 2 - 0.

At this time, Commissioner Duvall joined the meeting.

-- Mr. Gordon informed the Board that John Barnett, Planning Director, will be attending the economic development meeting at Copper Mountain on September 14, 1993.

-- Mr. Gordon asked the Board if they would like him to schedule a Legislative Breakfast in October, which was discussed previously. The Board instructed Mr. Gordon to proceed with scheduling the breakfast and to invite all the County Legislators.

4. COMMISSIONER'S REPORTS:

-- Commissioner Disney reported on the North Front Range Transportation Meeting, which he attended, and reported that cities over 200,000 are exempt from the Enhanced Emissions Program.

-- Commissioner Disney reported that he attended the CCI Land-Use Committee Meeting and they voted 8 - 3 to support the 35-acre bill.

-- Commissioner Disney reported that at the CCI Transportation Committee Meeting, Commissioners from rural-counties voted to work with DRCOG for transportation funding for the State.

-- Commissioner Duvall reported on a meeting she attended with the Loveland and Fort Collins City Councils, Elected Officials, and Staff Members regarding the corridor and noted that every community wishes to retain its own identity. Commissioner Duvall stated that the Committee would also like to work on the matter of ridgeline and foothills development and asked if the other Board Members had objections. Chairman Hotchkiss and Commissioner Disney indicated they have no objections.

-- Commissioner Duvall invited and encouraged the Board to attend a meeting on "Cities and Schools" on September 22, 1993 with speaker, Bill Milliken, who is promoting the concept of providing human services in the schools. Commissioner Duvall reported on the excellent results obtained in Adams County, which has adopted this concept.

-- Commissioner Duvall requested Administrative Matters be scheduled at 9:30 a.m. in the future, as it was previously. The Board agreed to this request.

5. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of August 30, 1993, and the Agenda for the week of September 13, 1993, as submitted.

Motion carried 3 - 0.

 

M O T I O N

Commissioner Disney moved that the Board approve Petitions for Abatement for the following, as approved by County Assessor, Steve Miller: Winton Well; Steven Jarrad; Glen Beardsley; Carolyn Kreibaum (2); Marlin D. Hinsch; Anthony Zulvis; Thomas Warren (3); Greene/Carter (3); Country Squire Inv.; Willard Clark; James Anstett (2); Steven Buckner; Glen Porter (3); Eagle Resources; Walter Foley (2); and William Rygicki.

Motion carried 3 - 0.

LIQUOR LICENSES: A License was issued to Bohemian Cottage Restaurant - 6% - Loveland, CO. County Approval was granted to Rock Inn Steakhouse - 6% - Estes Park, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A93-147 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS (City of

City of Fort Collins Municipal Court in Courthouse Basement)

A93-148 SUBDIVISION IMPROVEMENT AGREEMENT FOR CRYSTAL

VIEW SECOND SUBDIVISION, PHASE II BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND DALE D. OLHAUSEN AND

J .L. WALTER

A93-149 THE HOME STATE BANK ESCROW ACCEPTANCE AGREEMENT

FOR CRYSTAL VIEW SECOND SUBDIVISION, PHASE II

C93-45 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND U.S.A. CONSTRUCTION, INC. (Replacement of Bridge 18-0.6-23E

CR 18 over the Home Supply Ditch west of Loveland - Project #198)

C93-46 FEE FOR SERVICES CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT

OF INSTITUTIONS, DIVISION OF MENTAL HEALTH

R93-134s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

CARLISLE SUBDIVISION

R93-135s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR DIRKS

MINOR RESIDENTIAL DEVELOPMENT

 

 

R93-136s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR CRYSTAL

VIEW SECOND SUBDIVISION

Motion carried 3 - 0.

The meeting adjourned at 10:05 a.m.

 

 

 

____________________________________

COURTLYN W. HOTCHKISS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

 

 

_________________________________

Sherry E. Graves, Deputy County Clerk

 

 

_________________________________

Dolores Lord, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.