Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 5, 1996

LAND-USE PLANNING MEETING

(#431 & #433)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner I; Alan Gould, Planner II; John Pedas, Code Enforcement Officer; Rich Grossmann and Doug Ryan, Environmental Health Planners; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke noted that a request has been received for the Board to table the Overland Valley Planned Unit Development until March 4, 1996.

M O T I O N

Commissioner Disney moved that the Board table the Overland Valley Planned Unit Development (#94-MS0603) until March 4, 1996, as requested.

Motion carried 3 - 0.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Commissioner Duvall requested that the Ptarmigan Clubhouse Amended Plat item be removed from the consent agenda as she has a question regarding this item.

1. GLACIER VIEW MEADOWS 8TH FILING LOTS 58 & 59 AMENDED

PLAT (#95-SA0824): NE 24-09-72, SOUTH SIDE OF COUNTY ROAD

74E, APPROXIMATELY 13 MILES WEST OF LIVERMORE;

3.47 ACRES; E-ESTATE ZONING

This is a request to combine Lots 58 & 59 of Glacier View Meadows 8th Filing. Staff recommendation is for approval of the Amended Plat of Lots 58 & 59, Glacier View Meadows Subdivision, 8th Filing P.U.D.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff recommendation and approve the Glacier View Meadows 8th Filing Lots 58 & 59 Amended Plat (#95-SA0824).

Motion carried 3 - 0.

2. PTARMIGAN CLUBHOUSE AMENDED PLAT (#96-SA0827):

14-06-68, PTARMIGAN ON THE NORTH SIDE OF HIGHWAY 392;

EAST OF INTERSTATE 25; 5.89 ACRES; E1-ESTATE ZONING

This is a request to reconfigure three lots and part of the open space to accommodate the new clubhouse. Staff findings include: 1) Ptarmigan Subdivision was approved in 1980; 2) This request is to reconfigure three existing lots and a portion of the open space to accommodate a new, permanent clubhouse; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) This request is also to vacate an existing electrical easement which will be under the clubhouse. Staff recommendation is for approval of the Amended Plat of Lots 12 and 13, Block 4 and Lot 11 of the Amended Plat of Lots 6 & 7, Block 6 and Lots 10 and 11, Block 4, Ptarmigan First Filing and approval of the vacation of the electrical utility easement on this site.

Commissioner Duvall requested clarification regarding the reason for the reconfiguration of three lots and part of the open space to accommodate the new club house; Mr. Kadera responded that the new permanent clubhouse is being built on part of the open space, which is really the golf course property, and they are reconfiguring the lots and accommodating the placement of the clubhouse by moving some of the property lines - they are not changing the size of the open space significantly.

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Ptarmigan Clubhouse Amended Plat (#96-SA0827).

Motion carried 3 - 0.

3. MAYO WELDING SPECIAL REVIEW (#Z-22-91): W 1/2 36-05-69,

1/2 MILE NORTH OF CAMPION ON THE WEST SIDE OF HIGHWAY

287, 3555 SOUTH LINCOLN AVENUE IN LOVELAND, CO.

This alleged violation is for storing materials and equipment in violation of the conditions of approval for the Mayo Welding Special Review approved on January 13, 1992. Mr. Kadera provided the background information and reviewed the major issues and concerns; he noted this problem was brought to their attention by some of the property owners in Ross Estates. Mr. Kadera stated that when the special review was approved by the Board, a number of conditions were required, one of which required landscaping and some site design work. Mr. Kadera noted that the landscaping has been completed, inspected and approved by the County Forester; however, it takes time for that landscaping to grow and in the meantime they have had complaints from neighbors about the amount of material being stored on this site and some of the activities taking place. Mr. Kadera submitted two sets of pictures--one set taken last summer by the neighbors and one set taken on January 10 of this year by county staff which show that there is a significant amount of material and equipment which can be seen from the south and Ross Estates. Mr. Kadera stated that the big issue to resolve is that one of the conditions of approval included in the Findings and Resolution states that outside storage would be limited to the area immediately west of the building and completely screened from view of surrounding properties; he noted that this condition may not be attainable due to the topography in the area. Staff findings are: 1) This site was zoned C-Commercial in 1990; the rezoning included a condition that there be a special review approval for any commercial use; 2) In January of 1992, the Board of County Commissioners conditionally approved a welding and fabrication shop on this site; 3) The special review approval included a condition that all outside storage be confined to the area west of the building and that all outdoor storage be completely screened from the view of surrounding properties; 4) The owners of Mayo Welding have completed the landscaping installation, but the plants have not matured to provide an effective screening of the storage area; 5) Property owners south of the Mayo Welding property have complained about the noise from outdoor activities and about the appearance of the storage area. The staff recommendation is to find that a violation of the conditions of the special review approval exists and require that all welding and fabrication work be confined to the inside of the building or off site and that all outdoor storage of equipment and materials be confined to the area immediately west of the building, as required in the special review.

Denise Sportsbaugh. General Manager for Mayo Welding, addressed the Board and stated that the Mayos are very interested in working out a compromise; she referred to their site plan which gives the specifics regarding their storage area and noted that they have been using it as their guide. However, in a good faith attempt to work with the neighbors, Ms. Sportsbaugh stated that the Mayos are offering to build a fence and go a step beyond their landscaping requirements; in return, they would like to be granted permission from the Board that this would appease both parties and resolve the problem. Mr. Kadera submitted to the Board the file copy of the site plan which was reviewed when the special review was approved; however, the difference is that the condition that appears in the Findings and Resolution was added after the site plan was prepared--the proposed site plan shows a storage area that is significantly larger than that which was originally proposed. Ms. Sportsbaugh stated that it is virtually impossible to keep everything directly behind the building as there is a detention pond ten feet behind the building. With regard to the offer to build a fence, Mr. Kadera noted that staff did not recommend construction of a fence because historically solid fences have been a maintenance problem and are not an attractive alternative; however, he noted that an 8-ft. fence would block the view from the south and Ross Estates. Mike Mayo reiterated that they have done everything according to the requirements of the site plan, which shows clearly that all of the area west of the building is storage area; he informed the Board that if they are not allowed outside storage, they will be forced out of business and up to 40 employees will be out of work.

Discussion and questions from the Board followed; Commissioner Disney suggested the possibility of having a neighborhood meeting to discuss the fence construction with the neighbors and try to work out a solution; he also suggested that Mr. Mayo submit another special review request to amend the conditions of the original special review to expand the storage area. At this time Commissioner Disney made a motion finding that a violation of the conditions of the special review approval exists, require that all welding and fabrication be confined to inside the building, and that all outside storage of equipment and materials be confined to the area immediately to the west of the building, as required in the special review; further, if a neighborhood meeting will resolve the conflict with the neighbors, then the Board will entertain an application to amend the special review. Much discussion of the motion followed and both Chair Clarke and Commissioner Duvall noted that they could not support the motion for various reasons; therefore, Commissioner Disney withdrew the motion.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Mayo Welding Special Review (#Z-22-91) until 7:00 p.m. on March 18, 1996; and in the interim, a neighborhood meeting is to be held to try and resolve the issue of construction of a fence and screening.

Motion carried 3 - 0.

4. DIONNE JUNKYARD/DUMP VIOLATION (#92-ZV0079): E 1/2

12-08-69, 1/2 MILE EAST OF THE WAVERLY ROAD, NORTH SIDE

OF HIGHWAY 1.

This alleged violation is for operating a hauling & cleanup, remodeling, sod, demolition, concrete, construction, repair, decks, additions, sprinklers, landscaping, tree trimming, fencing, deliveries, etc., business in the FO-Forestry Zoning District; and storing, parking inoperable vehicles, waste materials, demolition debris, tree branches, and burying waste materials (dump) in a natural drainage basin. Mr. Pedas noted for the record that the staff report indicates that the property owners are Janice and Hershiel McGraw, but on January 23 of this year, the McGraw's deeded the property to the Dionnes. Mr. Pedas provided a chronological background of this violation, reviewed the major issues and concerns, and submitted photos of the area; he noted that after a new subdivision was approved east of this property, they started receiving complaints. Staff findings include: 1) The subject property is zoned FO-Forestry; 2) The use of the property is restricted to a garden center, nursery as the result of a Special Review application approved November 17, 1986; 3) The FO-Forestry Zone does not permit commercial, industrial, or waste disposal uses; 4) Continued use of the property inconsistent with the Zoning and Special Review conditions will affect property values in the neighborhood; 5) Continued disposal of waste materials and other debris by burying them on the site and in a natural drainage area will cause adverse environmental influences in the area.. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Rich Grossmann submitted a two-page history summary, from September 1991 through January 1996, of contacts, inspections, and official notices of zoning violations given to Randy Dionne to cease importing debris and to remove existing debris to an approved landfill. Mr. Grossmann reviewed the summary with the Board and noted that the County Health Department has spent a considerable amount of time trying to obtain voluntary compliance from Mr. Dionne; he also submitted photos of the site. Jim Martell, attorney representing Mr. Dionne, stated that it is not Mr. Dionne's intent or desire or belief that he is operating a landfill or a dump site; he noted that the drainage way that goes through his property was seriously eroded and Mr. Dionne was attempting to prevent further erosion. Brian Shear, of Shear Engineering, noted that the ditch has tremendous erosion potential; he submitted several maps of the area and described what has happened over the years in this ditch and noted that Mr. Dionne's activities are providing ditch stabilization. Mr. Grossmann stated that Mr. Dionne is bringing in waste material from off site and this designates it as a landfill and requires a Certificate of Designation from the County Commissioners and approval from the Colorado Department of Health. Randy Dionne showed a video of the property and stated that they are a licensed nursery by the State of Colorado and are inspected every year; he noted he has visited with most of the neighbors and has letters from them in support of Mr. Dionne and his activities on the property.

Jim Martell noted that if there is a zoning violation, Mr. Dionne needs to be told what he can and cannot do, as there is nothing in the county staff findings or report about whether the material that is presently in the drainage channel must be removed or covered; he requested clarification regarding what compliance within 30 days means. Discussion and questions from the Board followed; Mr. Grossmann was asked to respond to what Mr. Dionne needs to do to come into compliance. Mr. Grossmann responded that the Health Department would like to see one of two things happen: 1) Dig up the material buried and haul it to the landfill or, 2) Hire an environmental consulting firm to do a risk assessment to ascertain if it will be detrimental to the environment if the material is covered and remains in the ditch; if further erosion materials are necessary, it is to be done with approved materials, such as cured concrete, asphalt, rock, and clean soil.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners find in the matter of the Dionne Junkyard/Dump Violation that a violation does exist, as evidence has shown that illegal burying of materials has occurred, that all dumping cease immediately and all materials removed and taken to the landfill, require compliance within 90 days, and authorize legal action if the compliance deadline is not met.

Motion carried 3 - 0.

5. SCHOTANES VIOLATION (#95-ZV0731): 22-04-70, 510 SOUTH VIEW

ROAD, BERTHOUD, CO., 1 1/2 MILES SOUTHWEST OF CARTER LAKE

This alleged violation is for the outside storage of inoperable/unlicensed vehicles, vehicle salvage, and vehicle parts storage in a building permitted only for private storage use in the O-Open Zoning District. Mr. Pedas submitted photos of the site, provided the background information, reviewed the major concerns and issues, and informed the Board that significant improvement has been made in the last few days, but he is still concerned about what is going on inside the building. Staff findings include: 1) The subject property is zoned O-Open District; 2) Junk yards and auto salvage requires Special Review in the O-Open District; 3) The use of the subject property is totally out of character with the neighborhood; 4) Continued use of the property is inconsistent with the zoning and will affect property values in the area; 5) The use of the building violates conditions under which the building permits were issued; 6) The illegal use of the property impairs the public health and safety by creating undesirable traffic and adverse environmental influences. The staff recommendation is to find that a violation exists, require compliance with 30 days, and authorize legal action if the compliance deadline is not met.

Jim Schotanes, property owner, reported to the Board and Mr. Pedas that he has finished cleaning up the property and he submitted photos of the site which were taken this morning. Commissioner Disney asked Mr. Pedas about the legality of restoring vehicles on the property; Mr. Pedas responded that an owner is allowed to restore vehicles on the premises provided the vehicles are screened from ordinary public view and are unique, antique, or collectible. Mr. Pedas stated that, based on observations of other property owners, there were a lot of metal shelves brought in for storing of parts and that painting of vehicles was occurring; he stated he would like to make arrangements with the property owner to inspect the building, along with someone from Berthoud Rural Fire, to determine exactly what is going on. Mr. Schotanes agreed to this inspection of the building. Mr. Pedas recommended that the Board find that the violation has ceased, but if it should re-occur, they can proceed with legal action and not require another hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find in the matter of the Schotanes Violation, that a violation did exist but has been resolved; however, if in the opinion of Mr. Pedas, Code Enforcement Officer, the violation re-occurs, legal action is authorized to attain compliance within 30 days, following notification of the property owner.

Motion carried 3 - 0.

6. GEIBEL-MECHALKE WORKERS CAMP/JUNK YARD VIOLATION

(#95-ZV0728): E 1/2 29-05-70, 11053 WEST COUNTY ROAD 18E,

2 MILES NORTHEAST OF PINEWOOD RESERVOIR

This is an alleged violation for occupying several travel trailers and small buildings as employee quarters without any type of approval for permits or sewage disposal facilities and for storing various junk vehicles in the O-Open Zoning District. Mr. Pedas provided the background information, reviewed the major concerns and issues, and submitted photos of the site taken in August of 1995 and last week. Staff findings are: 1) The subject property is zoned O-Open; 2) The O-Open District does not permit travel trailer parks or junk yards unless approved by special review; 3) Continued use of the property for storing vehicles and housing people in travel trailers may impair the health and safety of other inhabitants in the area; 4) The continued use of the property, inconsistent with the zoning regulations, may affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Jim Mechalke, property owner, addressed the Board and agreed that the property needed to be cleaned up, but they just didn't get it done in a timely manner, but they are working on it now. Mr. Mechalke noted they are not running a mining or timber operation, they do not have any employees, and they do not occupy the travel trailers; however, they do have a lot of company and relatives that visit the site. Mr. Mechalke stated that between his son and himself they do own seven cars and they are all licensed and operable; he noted they are applying for a building permit again to continue with their plans for construction of a home and the electrical problem is resolved. Mr. Mechalke further added that they have built a fire retaining road and they have a permit for sewage system which will be completed within 30 days. The Board requested Mr. Mechalke to give Mr. Pedas a current address and phone number so he can be reached quickly in the future; Mr. Mechalke immediately provided that information for Mr. Pedas.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find in the matter of the Geibel/Mechalke Violation that a violation exists, require compliance by June 1, 1996, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The meeting adjourned at 6:00 p.m.

WEDNESDAY, FEBRUARY 7, 1996

ADMINISTRATIVE MATTERS

(#434 & #435)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Ralph Jacobs, Human Resources Director; Jodi Boatright, Human Resources Office Supervisor; Patsi Maroney, Compensation & Benefits Specialist; Russ Legg, Interim Planning Coordinator; Maggie Carter, Symposium Facilitator; Brent Nittmann, Youth Services Bureau Program Manager; Eileen Wickel, Humane Society Director; Neil Gluckman, Assistant County Manager; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Al and Lee Baccili and Bob Tueting appeared today for the open session for public comment. Mr. Baccili discussed the E911 surcharge with the Board; he informed them that when it commenced, a promise was made that it would be discontinued or at least reduced from .50 to .20 to .25 a month within a few years. Mr. Baccilli stated that he recently attended a meeting of the Larimer County Emergency Authority (LETA) Board and learned that there is over $500,000 in their treasury; he also inquired why so many emergency telephone stands are being placed all around the county and noted that they each cost $3300. Mr. Baccili stated that the LETA Board has collected millions of dollars and he has never seen any accounting of this money. Chair Clarke requested Mr. Lancaster to obtain an audit report of these funds and report back to Mr. Baccili with the results. Mr. Baccili also discussed the 22% increase in his real estate tax assessment and stated that this much increase is out of order. Another subject raised by Mr. Baccili was the noise impact created on January 16 of this year by Frontier Airlines practicing their landing and taking off at the Loveland Airport and he requested the Board to speak out against the expansion of this airport. Mr. Lancaster informed the Board that he also experienced this noise and after contacting the City Manager's Office, he was assured that this practice exercise will not happen again.

Mr. Tueting discussed the recent hiring by the county of a $4,000 a month "advocate" to promote a proposed sales tax for a new Courthouse; he stated that this appears to be one-sided and involves 100% tax money and in order to be fair, equal time and money should be given to present the opposing or opposition view. Mr. Tueting stated that he is in favor of improvement and providing facilities when they are needed; however, in this situation and as public money is being used, he informed the Board that unless something is done to apprise the people of the so-called "opposition view", he may organize a campaign to defeat the tax. Mr. Tueting stated that one of the reasons given for a new Courthouse is the need for a new judicial wing; in his opinion, many of the suits filed are senseless and should be dismissed, thereby eliminating the need for a new judicial wing. Mr. Tueting noted that if Larimer County continues on the course it is taking, it will be the "choiceless county". Chair Clarke informed Mr. Tueting that he will ask Deni LaRue to call Mr. Tueting and noted that the Board has no problem presenting a balanced view.

2. PRESENTATION OF PLAN FOR ALTERNATIVE TRANSPORTATION PROGRAM FOR LARIMER COUNTY: Mr. Jacobs stated that the purpose of today's meeting is to provide updated information to the Board concerning the County's involvement in the North Front Range Transportation and Air Quality Councils effort to manage transportation demand. Mr. Jacobs introduced Mary Wolf of MRW & Associates; she informed the Board that Larimer County was selected as a "flagship" Employee Transportation Coordinator (ETC) to demonstrate how the ETC program works and to implement strategies to promote alternative transportation. Ms. Wolf stated that in 1995 a survey was taken of employees to understand current travel habits between home and work--over 300 surveys were returned and analyzed; she reviewed the results of the survey and noted that the goal of the action plan will be to promote all alternative modes with an emphasis on carpooling, cycling and transit and the ways in which the employees will benefit. The action plan and calendar were presented outlining specific activities which will educate and encourage employees to use alternative transportation. Ms. Kathleen Revis from the City of Fort Collins described the "guaranteed ride home program", which is a form of insurance that you will have a ride home if unforeseen circumstances arise and it will not cost the employee anything. Ms. Wolf stated that the " kick off" program will be this Friday when they meet with the department heads to share this material and ask for their support; she noted that they want to form a team of employees to work with managers and supervisors to become role models and to help find ways to making alternative transportation modes more inviting to employees. Ms. Wolf stated that if they can get most employees to car pool once every eight (8) working days, the goal of a 10% reduction in car travel will be met. Commissioner Disney noted that there is nothing in the report about tele-commuting and he recommends that be included in the plan. After discussion, the Board directed Mr. Lancaster to draft a resolution for the Board to adopt in support of the action plan to promote alternative modes of transportation.

3. PLUS ADVISORY COUNCIL SELECTION: Mr. Legg and Ms. Carter discussed with the Board the possibility of establishing a PLUS Advisory Council to further the efforts of the symposiums and the Search Conference; they recommended that each Commissioner select five persons to serve on the Council and then an additional five persons would be selected for a total of 20 persons. It was suggested that city official representatives not be chosen to serve in this group in an attempt to achieve citizen orientation and they would like the majority to have attended one of the symposiums because of the dynamics and level of understanding, but they noted this could also be an opportunity to bring in some new members. They also recommended that the 35-acre task force members not be eligible for this group because they have a specific mission and this group will have a broader scope. The Board inquired as to the mission of this group; Ms. Carter responded that this group will be one of the first check point groups that review and give feedback for each of the different pieces of documents which will be coming out of PLUS. Ms. Carter further stated that this group needs to be diverse so they are listening to each other and the recommendations they give to move forward will be given by consensus. The Board indicated support of the forming of an Advisory Council and they will be furnished with a list of names for their consideration and selection of persons to serve on this Council.

4. FINAL PLAT APPROVAL OF KINTZLEY PUD 3RD FILING: Mr. Legg requested Board approval of a Final Plat for the Kintzley PUD 3rd Filing and noted that all the conditions of approval have been met.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the Kintzley PUD 3rd Filing, as requested, and authorize the Chair to sign same.

Motion carried 3 - 0.

5. APPOINTMENT TO THE MULTI-CULTURAL COMMISSION: Mr. Nittmann requested Board approval of the appointment of Anne Schroeder of Social Services to the Multi-Cultural Commission to fill a position recently vacated.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the appointment of Anne Schroeder as Larimer County's representative to the Multi-Cultural Commission.

Motion carried 3 - 0.

6. PRESENTATION OF CULTURAL DIVERSITY SURVEY RESULTS: Mr. Nittmann submitted a draft copy of an Executive Summary of the Cultural Diversity Survey results and requested additional time to review the results in more detail to insure anonymity. Discussion followed and suggestions were given by the Board; Mr. Lancaster suggested that these results also be presented to the department heads at their meeting this Friday. Commissioner Disney raised several concerns and expressed disappointment that only 4 out of 10 employees responded to the survey.

7. IMPREST FUNDS FOR CIGNA HEALTH INSURANCE: Ms. Maroney informed the Board that when the County first changed to CIGNA Health Insurance, part of the "minimum premium" financial agreement with CIGNA included a provision that the County would deposit a $40,000 "imprest" amount in the account from which claims are paid; she described "imprest" as a minimum balance amount that needs to be in the account. Ms. Maroney noted that the former Finance Director decided to use $40,000 of the first month's premium as the imprest instead of asking the Board to transfer $40,000 from the Insurance Reserve Fund; however, this has created accounting problems and an additional amount is necessary so the account will always clear incoming checks. Ms. Maroney stated that during the past year, CIGNA has been charged overdraft penalties and they are not willing to continue paying these charges; CIGNA has informed us that the "imprest" amount for 1996 should be $54,000. Therefore, Ms. Maroney requested the Board to authorize the transfer of $54,000 from the medical portion of the Insurance Reserve Fund to the Medical Insurance Fund to act as an "imprest" amount in accordance with our minimum premium arrangement with CIGNA.

M O T I O N

Commissioner Duvall moved that the Board approve the transfer of $54,000 from the medical portion of the Insurance Reserve Fund to the Medical Insurance Fund to act as an "imprest" amount in accordance with our minimum premium arrangement with CIGNA.

Motion carried 3 - 0.

8. AMEND MOTION ON CONTRACT WITH UNISYS: Mr. Lancaster noted that the Board has been asked to amend their motion made on January 18, 1996 in which they approved entering into a contract with Unisys to upgrade 2200/402 to 2200/500 and to sign a financial agreement with G.E. Capitol Finance for $777,801 with interest not to exceed 5.2%; the amendment request is to approve a negotiated rate of 5.23%.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners amend the motion approved by the Board on January 18, 1995 to enter into a contract with Unisys to upgrade 2200/402 to 2200/500 and authorizing the Chair to sign the sole source financing agreement with G. E. Capitol Finance in the amount of $777,801 with the interest rate not to exceed 5.23%, rather than 5.2% as previously approved.

Motion carried 3 - 0.

9. DISCUSSION OF SETTING LICENSE FEES FOR ANIMAL CONTROL: Mr. Gluckman presented a draft copy of a resolution setting license fees, reclaiming fees and daily boarding charges for the Board to review and discuss. Mr. Gluckman informed the Board that the Board can take action on setting fees and charges 30 days after publication of the Resolution and Ordinance concerning Animal Control and Dog Licensing for the County of Larimer, which the Board approved on January 24. 1996; he noted that the proposed fees are consistent with those of the other cities and townships in Larimer County. Mr. Gluckman stated he will return to the Board for final adoption of the resolution on March 12, 1996. Questions from the Board and discussion followed; CONSENSUS OF THE BOARD was to agree to the fees and charges as proposed in the resolution as presented.

10. WORKSESSION:

-- Update on Privatization Project: Mr. Lancaster provided an update on the privatization project and submitted a draft copy of an inventory of items currently privatized by departments and the cost; he noted there are still a few departments that have not responded. The incomplete inventory shows that 19.98% of the total county budget ($22,780,303) is spent on privatized items; Mr. Lancaster also submitted a Service Delivery Analysis Flow Chart. Mr. Lancaster stated that the Privatization Group will meet tomorrow and will be presented with this same information and will discuss criteria for consideration of other services that could be privatized; he noted that every service will go through the analysis flow chart. Discussion followed; Commissioner Disney suggested that Bob Teuting be asked to attend the Privatization Group meetings as an observer.

-- Items for Policy Worksession: Mr. Lancaster submitted a listing of suggested agenda items for discussion during tomorrow's Policy Worksession and asked the Board if they had additional items to discuss. The Board reviewed the list and prioritized the items in the order they wish to discuss them, as well as added additional items.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend. Discussion followed whether or not the Board would like to provide busses for employees to attend a Colorado Rockies game again this year; Ms. Hart noted that the four busses last year cost $1460. Commissioner Duvall raised the possibility of taking the train to the game; the Board concurred that was a great idea and instructed Ms. Hart to research what it would cost and the possibility for doing so. However, if the suggestion to take the train to the game doesn't materialize, the Board indicated their full support for paying for the busses again to take the employees to a Colorado Rockies game.

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 29, 1996, as submitted.

Motion carried 2 - 0; Commissioner Duvall abstained from voting as she was out of town last week and did not attend the meetings.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of February 12, 1996 as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on February 7, 1996:

MISCELLANEOUS DOCUMENTS: Fourth Quarter Report for 1995 and the 1995 Annual Report from the Public Trustee; 1996 Community Services Block Grant (CSBG) Project Plan; and the O'Donnell Minor Residential Development Plat (#94-EX0639). LIQUOR LICENSES: County approval was granted to City Park Liquors - 6% - Fort Collins, CO. A License was issued to Horsetooth Marina Resort, Inc. - 3.2% - Fort Collins, CO.

A96-17 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MEALS ON WHEELS OF LOVELAND/

BERTHOUD (#1 thru #3 are Office on Aging Agreements - Provision

of Meals to Homebound Elderly 60 Years of Age or Older)

A96-18 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RVNA HOME CARE SERVICES, INC.

(Provision of In-Home Services for Elderly 60 Years or Older)

A96-19 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WALLACE AND KLING, P.C. (Provision

of Legal Assistance Services for the Elderly 60 Years or Older)

C96-06 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND STARCK BROTHERS (Replacement of

Bridge #7-0.5-SI over the Poudre Valley Canal)

R96-24g RESOLUTION TO ESTABLISH POLLING PLACES

R96-25s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

VAN SANT MINOR RESIDENTIAL DEVELOPMENT

R96-26z FINDINGS AND RESOLUTION CONCERNING THE

PRELIMINARY PLAT OF MARY'S LAKE ESTATES

SUBDIVISION AND THE PETITION FOR REZONING

R96-27s FINDINGS AND RESOLUTION APPROVING THE REQUEST TO

MODIFY A CONDITION OF APPROVAL OF THE PLAT OF

FLEMMING MINOR RESIDENTIAL DEVELOPMENT TRACT 2A

R96-28s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

MCGILL MINOR RESIDENTIAL DEVELOPMENT

R96-29s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

COFFIN MINOR RESIDENTIAL DEVELOPMENT

R96-30s FINDINGS AND RESOLUTION DENYING THE SHINN MINOR

RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 3 - 0.

12. LEGAL MATTERS:

At this time, County Attorney George Hass joined the meeting for Legal Matters.

1. Contract to Sell Lot 12, Crystal Lakes Fourteenth Filing: Mr. Hass requested Board approval of a contract to sell Lot 12, in Crystal Lakes Subdivision, Fourteenth Filing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a Contract for the sale of Lot 12, Crystal Lakes Subdivision, Fourteenth Filing, and authorize the Chair to sign same and related closing documents.

Motion carried 3 - 0.

C96-07 CONTRACT TO SELL LOT 12 IN CRYSTAL LAKES SUBDIVISION,

FOURTEENTH FILING

2. Quit-Claim Deed for Lot 53, Glacier View Meadows Subdivision, Twelfth Filing: Mr. Hass also requested Board approval of a Quit-Claim Deed and closing instructions for the sale of Lot 53 in Glacier View Meadows Subdivision, Twelfth Filing for $18,500.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the sale of Lot 53, Glacier View Meadows Subdivision, Twelfth Filing and authorize the Chair to sign the Quit-Claim Deed and related closing documents.

Motion carried 3 - 0.

D96-02 QUIT-CLAIM DEED FOR SALE OF LOT 53, GLACIER VIEW

MEADOWS SUBDIVISION, TWELFTH FILING

3. Comments on the "Norton Takings Bill": As requested by the Board previously, Mr. Hass prepared a memo outlining his comments and opinion of the "Norton Takings Bill". Mr. Hass reviewed those comments and in summary noted that the bill would throw into chaos the law concerning land use regulation, is poorly drafted, is inconsistent, ambiguous, internally inconsistent, and will spawn much litigation and delays.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:45 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Board came out of Executive Session at 12:10 p.m. and took the following action:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners authorize the expenditure of up to $10,000 to Don Shannon for expert witness services, monies to be derived from the Commissioner's Special Projects Fund.

Motion carried 3 - 0.

The meeting adjourned at 12:15 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

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