PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 6, 1994

SUBDIVISIONS

(#49 @ 300)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Al Kadera, Subdivision Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; Neil Gluckman, Assistant County Administrator; and George Hass, County Attorney. Recording Clerk, S. Graves.

Mr. Barnett 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. WINDCLIFF ESTATES 5TH SUBDIVISION AMENDED PLAT (#94-SA0474):

10-04-73; SOUTH OF TUNNEL ROAD, WEST OF ESTES PARK;

1.77 ACRES; 3 LOTS; E-1 ESTATE ZONING (6-6-94).

This is a request for an Amended Plat of Lots 1, 2, 3 and 4, Block 11 of the Amended Plat of Lots 10, 11 and 12, Block 1 of Windcliff Estates Fifth Subdivision and Replat of Lot 4 1/2, Webster Big Horn Subdivision, a Planned Unit Development to reconfigure four existing lots to result in three building sites. Staff Findings include: 1) Windcliff Estates Fifth Filing was approved in 1976; 2) This Amended Plat will reconfigure four existing lots to result in three building sites; 3) Roads and utilities are in place and have been approved; 4) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 1, 2, 3, and 4, Block 11, Windcliff Estates Fifth Filing Amended.

2. FORT COLLINS BUSINESS CENTER AMENDED PLAT (#94-SA0475):

07-07-68; NORTH SIDE OF LINCOLN AVENUE NEAR LINK LANE EAST

OF FORT COLLINS; 1.15 ACRES; 1 LOT; I-INDUSTRIAL ZONING

(6-6-94).

This is a request for an Amended Plat of Lots 25 and 26, Fort Collins Business Center Third Filing, to combine two existing lots into a single building site. Staff Findings are: 1) Fort Collins Business Center Third Filing was approved in 1979; 2) The applicant owns two contiguous lots and wishes to build a commercial building in the center of the lots. The building site will cross the existing lot line; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 25 and 26, Fort Collins Business Center Third Filing.

3. GLACIER VIEW MEADOWS 1ST AMENDED PLAT (#94-SA0500):

14-09-72; GLACIER VIEW MEADOWS, WEST OF LIVERMORE;

7.66 ACRES; 2 LOTS; O-OPEN ZONING (6-6-94).

This is a request for an Amended Plat of Lots 54 and 55, Glacier View Subdivision, First Filing, to adjust the boundary between two lots to correct an existing encroachment. Staff Findings include: 1) Glacier View Meadows First Filing was approved in 1972; 2) A house has been built near the middle of Lots 54 and 55 which encroaches on the common lot line; 3) The proposed Amended Plat is intended to correct the encroachment so clear title can be conveyed for each lot; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 54 and 55, Glacier View Meadows First Filing.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Windcliff Estates 5th Subdivision Amended Plat (#94-SA0474); Fort Collins Business Center Amended Plat (#94-SA0475); and the Glacier View Meadows 1st Amended Plat (#94-SA0500); each as outlined above.

Motion carried 3 - 0.

4. REQUEST FOR APPROVAL OF DOCUMENTS FOR VALLEY VIEW ESTATES:

Mr. Kadera requested Board approval and the Chair's signature on the Final Plat, Subdivision Agreement, and Addendum to Subdivision Improvement Agreement and Development Loan Agreement for Valley View Estates.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Final Plat, Subdivision Agreement, and Addendum to Subdivision Improvement Agreement and Development Agreement for Valley View Estates, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-99 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND VALLEY

VIEW ESTATES, INC.

A94-100 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT

AND DEVELOPMENT LOAN AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND VALLEY VIEW

ESTATES, INC., AND HOME STATE BANK

5. REQUEST FOR APPROVAL OF MASTER PLAN FOR CD ESTATES:

Mr. Kadera requested Board approval of the Amended Master Plan for CD Estates as the differences regarding the street cross sections between Mr. Burns, County Engineer, and Mr. Shupe, Engineer for the Development, have been resolved.

M O T I O N

Commissioner Disney moved that the Board approve the Amended Master Plan for CD Estates, as requested by Mr. Kadera.

Motion carried 3 - 0.

The meeting adjourned at 9:10 a.m.

TUESDAY, JUNE 7, 1994

PUBLIC WORKS STANDING MEETING

(#50)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Pro-Tem Disney presided; Commissioner Hotchkiss was present. Chair Duvall was absent. Also present were Bill Gordon, County Administrator and Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

1. Chip Seal Agreement: Mr. Smith requested Board approval and the Chair Pro-Tem's signature on an Agreement in which the residents living on County Road 16 east of CR 21 agree to pay Larimer County $9,000 to upgrade their road. For this amount, the County will gravel, stabilize with magnesium chloride, and double chip surface .6 mile of CR 16.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Agreement between the Board of County Commissioners and the residents living along CR 16, east of CR 21, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

A94-101 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE RESIDENTS OF LARIMER

COUNTY LIVING ON CR 16 EAST OF CR 21

2. Larimer County Transportation Plan Proposal: Mr. Smith asked if the revised scope of work and fee schedule for the Larimer County Transportation Plan, sent to the Board on May 26, 1994, meets with the Board's acceptance and approval and if the Board is still willing to commit to funding for the Plan; if so, Mr. Smith will work with the County Attorney in drafting a contract with Felsburg, Holt, and Ullevig for consulting services. Several questions and concerns regarding the Transportation Plan, highlighted previously by Chair Duvall, were raised by Commissioner Disney and discussed at length. It was noted that future meetings will be held with the Board and Mr. Felsburg to review and discuss goals and objectives of the Plan in detail.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Larimer County Transportation Plan and the drafting of a Contract between Larimer County and Felsburg, Holt and Ullevig for consulting services in development of the Larimer County Transportation Plan, and authorize the Chair Pro-Tem to sign same when submitted for signature; funds in the amount of $63,200 for this expenditure will be derived from '93 General Fund Carry Over.

Motion carried 2 - 0.

3. Resolutions Authorizing Commercial Truck Traffic Restrictions: Mr. Smith reviewed two Resolutions authorizing Commercial Truck Traffic Restrictions in the Ferndale Subdivision and on Specific County Roads, noting that the documents are still being reviewed in the County Attorney's Office and will be available tomorrow during Document Review for the Board's perusal before approving and signing of the documents. Mr. Smith noted that these resolutions will authorize commercial truck traffic restriction signs to be placed in the Ferndale Subdivision in LaPorte because of safety concerns and authorize the placement of no-thru commercial truck traffic signs on County Roads 17, 19, 21, 21C, 28, 46E, 50 and 54G, as requested by the State Highway Patrol; this action necessitated due to trucks using these roads to avoid weight restrictions and the port-of-entry located in Interstate 25.

4. Request for Extension of Guard Rail on CR 38E: Mr. Smith informed the Board he has received petitions from citizens requesting an extension of the guard rail on CR 38E near Horsetooth and requested guidance from the Board. The Board noted that recent reconstruction on this road has made it much safer and the cost for the guard rail extension would be between $10,000 and $15,000 and would be derived from the Road and Bridge Budget. After discussion, the Board determined there are much higher priorities for these funds in the County and therefore denied the request for extension of the guard rail on County Road 38E.

5. Request for Left-Turn Lane at Forks: With regard to the overlaying of State Highway 287 at the Forks in Livermore, Mr. Smith received a call from Derek Roberts suggesting Mr. Smith contact the State and request the striping of left-turn lanes at this intersection when they are in the process of restriping the road. Mr. Smith reported he called the State and they agreed to include a left-turn lane at this site, if at all possible.

6. Request from Wellington Residents: Mr. Smith received a copy of petitions from the citizens residing on CR 64, north of Wellington, requesting the County to pave their road. Mr. Smith noted that a 1990 traffic-volume count indicated there were 75 vehicles per day on this road and there are over 600 untreated roads in the County which have a higher traffic volume than this road. After discussion, the Board denied the request to pave CR 64; however, Mr. Smith will suggest to the citizens they consider forming a special or local improvement district to generate revenue to pave this road.

Commissioner Disney suggested to Mr. Smith that a fact sheet be prepared by the Road and Bridge Department explaining their road policies, how decisions are made regarding when roads are overlaid with mag chloride or which roads warrant paving, snow removal policies, etc.; Mr. Smith noted that Mr. Heiden is working on this project.

Mr. Smith reported to the Board he will be in Canada July 10 through July 20, 1994.

The meeting adjourned at 10:00 a.m.

WEDNESDAY, JUNE 8, 1994

ADMINISTRATIVE MATTERS

(#49 @ 900)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss presided. Also present were Jerry White, Zoning Administrator; Dick Anderson, Facilities Manager, and Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL OF THE SALE OF CRYSTAL LAKES LOT: Mr. White requested Board approval of the sale of Lot 76, Crystal Lakes Twelfth Filing, which is one of the collateral lots held by the County; the back taxes are paid and it is free and clear and needs to be released by the County in order to be sold by the Crystal Lakes Association. Mr. White noted that the Deed is in the County Attorney's Office awaiting their review and he will bring it to the Chair for signature as soon as it is received.



M O T I O N

Commissioner Hotchkiss moved that the Board approve the sale of Lot 76, Crystal Lakes Twelfth Filing, and authorize the Chair to sign the Deed when presented for signature.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL AND SIGNATURE ON A CONTRACT TO PURCHASE FIVE ACRES WEST OF THE DETENTION CENTER: Mr. Anderson requested the Board's endorsement and approval and the Chair's signature on a contract offer to purchase the five acres west of the Detention Center, noting that the asking price for this property is $435,600 and the County's offer is for $365,000. Mr. Anderson reviewed the Site Plan and noted that this acquisition would not eliminate any of the other capital expenditures anticipated to be incurred in the near future, as the large capital items have to be approved by the voters. Mr. Anderson noted that this land acquisition would be suitable for the Juvenile Facility, if Legislature decides it is to be constructed in Larimer County. Discussion followed; Chair Duvall requested Mr. Gordon to follow up on the Board's desire to make a presentation to Legislature regarding their desire for the State to help fund both a staff secure facility and a detention center for juveniles in Larimer County.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the contract offer of $365,000 for the five acres west of the Detention Center in the Centerpoint, Second Filing on Midpoint Drive, Fort Collins, Colorado; this property to be acquired for future needs at the Detention Center and related activities, and authorize the Chair to sign the contract offer.

Motion carried 3 - 0.

C94-27 CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND REALTEC

COMMERCIAL REAL ESTATE SERVICES, INC., AGENT

FOR ROBERT MARTIN, SHARON K. NORDICK AND

WILLIAM C. STOVER

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

Mr. Hass and Ms. Haag presented the two resolutions discussed and verbally approved in the Public Works Meeting on June 7, 1994, and requested Board approval and the Chair's signature on same.


M O T I O N

Commissioner Disney moved that the Board approve the Resolution Restricting Truck Traffic in the Ferndale Subdivision, and authorize the Chair to sign same.

Motion carried 3-0.

R94-62g RESOLUTION RESTRICTING TRUCK TRAFFIC IN THE

FERNDALE SUBDIVISION

M O T I O N

Commissioner Disney moved that the Board approve the Resolution Restricting Truck Traffic on Specific County Roads, and authorize the Chair to sign same.

Motion carried 3 - 0.

R94-63g RESOLUTION RESTRICTING TRUCK TRAFFIC ON

SPECIFIC COUNTY ROADS (County Roads 17, 19, 21, 21C,

28, 46E, 50 and 54G)

-- In reference to the discussion held during Legal Matters on June 1, 1994 regarding the attempt to subdivide the property on the west side of Overland Trail north of the Stadium, Ms. Haag reported to the Board that the misunderstanding stems from the fact that the Urban Growth Area outside the City limits is a special zone and still within the County and the County has agreed in an Intergovernmental Agreement that on properties eligible for annexation within that UGA, they must first go to the municipality and apply to be annexed and the County cannot consider any development proposal until that request is made. Ms. Haag further noted that if the City decides not to annex, then the property remains in the County and in the UGA and is subject to certain special rules and regulations regarding density and uses which must be adhered to when development is considered and must comply with the terms of the IGA.

-- Chair Duvall noted she is drafting language for a policy regarding transfer development rights, which she will send to the County Attorney for review and advice on how to do this legally. Mr. Hass suggested that a Worksession be scheduled with the Board to discuss this matter and other related subjects in depth.

3. WORKSESSION:

-- Mr. Gordon noted that CCI is hosting a tour of the new Denver International Airport on July 22, 1994 from 8 a.m. until 11 a.m. and the Board has been invited; Commissioner Disney indicated that he will go on the tour.

-- Mr. Gordon stated that the City of Loveland has requested a response from the Board regarding their philosophy on how to restrict or limit land use around the Loveland Airport; after discussion, the Board decided to discuss this during the Policy Worksession at the cabin next week and during the next Planning Standing Meeting with John Barnett.

4. COMMISSIONER'S REPORTS:

-- Commissioner Disney reported on the Corridor Meeting he attended last evening and brought flip charts from the meeting representing individual opinions regarding a sales tax initiative and the acquisition of open space; the Board will review the charts prior to this afternoons meeting regarding open space.

-- Commissioner Disney reported he will be meeting with the Estes Park School District Officials to explore the idea of sharing some land to construct a building to accommodate the Larimer County Offices in Estes Park.

-- Commissioner Disney noted he will be attending the Fair Board Meeting this evening and will discuss their proposal to create a special division for FFA; and will discuss the reality of their intentions regarding actions taken after the recent meeting with the Board.

-- Chair Duvall suggested having weekly Policy Worksessions, instead of every other week, because of the large number of policies which need to be discussed by the Board at length; Mr. Gordon will attempt to schedule a Policy Worksession for the Board every Thursday at 9:30 a.m., starting in July, 1994, and schedule Department Head Meetings on Friday mornings.

-- Chair Duvall noted that Mr. Gordon is drafting recommendations for the County Administrator's position in which the County Administrator could assume some of the administrative tasks which the Board now spends time on in order to allow more time for crucial policy discussions and less day-to-day operational decisions for the Board to consider.

-- Chair Duvall reported she previewed the two-hour video of the Commissioner's Meeting with the Planning Commission on May 25, 1994; she recommended that the video be released immediately and not be edited; Mr. Gordon will release the video as soon as possible.

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





M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of May 30, 1994 and the Agenda for the week of June 13, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions for Abatement for the following, as recommended by the County Assessor Steve Miller: Chase Manhattan SVC; Geraldine E. Boyd; Steven G. & Charlotte J. Schliening; Ault Wrecking Yard, Inc.; Herbert L. & Mary L. Norton; Duane & Kay Slocum; Joyce Ann Lewis; and Judson E. Veazey.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Amended Plat for the Fort Collins Business Center, and the Amended Plat of Lots 54 & 55, Glacier View Subdivision, First Filing.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued to J.J.'s Lounge - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Hickory House South - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Olympus Motor Lodge -6% - Estes Park, CO.; and Riverbend Resort - 3.2% - Loveland, CO. County Approval was granted to Conoco #06381 - 3.2% - Bellvue, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-102 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS

HOUSING AUTHORITY (Stuart House, 120 E. Stuart)

A94-103 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LABOR AND EMPLOYMENT (Office Space

at 418 E. 4th St., Loveland, CO.

A94-104 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HELPLINE (24 Hour Telephone

Service for Crisis Intervention & Short Term Emotional Support)

A94-105 SUBORDINATION AGREEMENT BETWEEN NEIGHBOR TO

NEIGHBOR, INC. A COLORADO CORPORATION AND

ASSIGNED TO LARIMER COUNTY, COLORADO, A COUNTY

CORPORATION, AND LINDA A. WHITE

C94-28 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC SAFETY, DIVISION OF

CRIMINAL JUSTICE (Community Corrections Services)

C94-29 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF INSTITUTIONS, DIVISION OF YOUTH

SERVICES

R94-64g RESOLUTION TO ESTABLISH POLLING PLACES (Provisions

of Section 1-5-101 of Colorado Election Code of 1993)

Motion carried 3 - 0.

The meeting recessed at 11:00 a.m.

MEETING WITH CITIZENS GROUP REGARDING

SALES TAX FOR OPEN SPACE

(#51)

The Board of County Commissioners reconvened at 3:30 p.m. in regular session with POST 2001 Citizens Group. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Members of POST 2001 present were: Chairman Steve VanderMeer, Jean Bolton, Tom Keith, Marianne Martel, Jenny McGraw, Kelly Ohlson and Brian Werner. Also present were John Barnett, Director of Planning; John MacFarlane, Director of Parks; Bill Gordon, County Administrator and Neil Gluckman, Assistant County Administrator. Recording Clerk A. Jensen.

Mr. VanderMeer stated that the purpose of today's meeting is for the POST 2001 Citizen Group to present for the Board's consideration a sales tax proposal to be included on the November 8, 1994 ballot. POST 2001 proposes a voter approved 1/4 cent sales and use tax for seven years to fund acquisition and development of suitable open space and trail corridors from willing sellers based on the adopted Larimer County Comprehensive Parks Master Plan.

After the presentation, the Board stated that they philosophically support the proposal, but wish to present it to the County Attorney and review team, including the Parks Department, for examination with respect to administration, technical aspects and legal language of the document.

If approved, the intent of this sales tax revenue will be distributed throughout the County to benefit all residents in a fair and equitable manner based on population, sales tax generation and geographic location and a minimum of 70% of the funds will be allocated for acquisition of open space and trail corridors; and a maximum of 30% for improvements and long term management and maintenance over the life of the tax.

Commissioner Disney discussed the Corridor Task Force Meeting he attended the previous evening, stating that there was overwhelming support from the attendees for this sales tax proposal and land acquisition. Mr. Barnett extended an invitation to POST 2001 to attend their next meeting on June 21, 1994; members of POST 2001 attending today's meeting indicated their desire and intention to accept the invitation. Mr. Ohlson stated that the next step for the POST 2001 Group was to build a coalition with broad based citizen support. Much discussion followed regarding this proposal.

The meeting adjourned at 4:20 p.m.


_____________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( ATTEST )

( S E A L )


_____________________________________

Sherry E. Graves, Deputy County Clerk



______________________________________

Aimee Jensen, Deputy County Clerk

June 6, 1994