Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 15, 1996

MEETING WITH AFFORDABLE HOUSING

TASK FORCE AND HUMAN DEVELOPMENT STAFF

(#17)

The Board of County Commissioners met in regular session with Ginny Riley, Human Development Executive Director. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present was Carol Gillespie, Community Development Director. Recording Clerk, A. Jensen.

The meeting began with introductions of the attendees. Ms. Riley reviewed events leading to this meeting, stating that the Commissioners had requested the Human Development department to develop options in an effort to address affordable housing for migrant workers. The meeting was then turned over to Ms. Gillespie. Ms. Gillespie stated a migrant worker housing workgroup was formed to research and develop solutions regarding affordable housing for migrant workers. Gillespie continued the meeting with an overview of the workgroups' findings and a review of the crops grown in Larimer County that demonstrated the need for roughly 1000 on an annual basis. Ms. Gillespie noted, as an item of interest, that Weld County is the 5th largest breadbasket in the nation; agriculture in Larimer County is not a primary industry as it is in Weld County. The meeting continued with a review of the recommendations submitted to the Commissioners.

The Commissioners expressed their support of the recommendations and the direction of this project, as well as compliment the workgroup participants for their effort in addressing this issue. Much discussion ensued regarding transitional housing, transportation issues and county regulations. Chair Clarke suggested that they do not design the buildings for year round occupancy.

Ms. Riley stated that the next step is to go back to Shelly Stephens of the Fort Collins Housing Authority and the growers to outline preliminary plans. Ms. Riley noted that the Commissioners may be requested to provide regulatory relief for this project in the near future. The Commissioners expressed their willingness to cooperate in an effort to move this project along quickly. Discussion continued.

The meeting adjourned at 11:20 a.m.

LAND-USE PLANNING MEETING

(#18)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner I; Allen Gould, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. White informed the Board that the Sterkel Minor Residential Development Appeal (#96-EX0844) item on today's agenda has been withdrawn by the applicant and the Frutchey Subdivision, Lots 4, 13 & 20 Amended Plat (#96-SA0859) has been removed from the agenda by staff, with the consent of the applicant.

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 Pope Minor Residential Development and the Garrison Minor Residential Development items be removed from the consent agenda.

1. RED TAIL TRAIL STREET NAME CHANGE (#96-0S0857):

14-09-71, IN HEWLETT GULCH, NORTH OF POUDRE PARK

This is a request to name an unnamed road Red Tail Trail. Staff findings include: 1) Naming roads that provide access to large development areas, allows addresses to be issued without duplicating existing addresses. Individual addresses facilitate the provision of emergency services to these areas; 2) All affected agencies reviewed the proposed street name and stated no objections. The staff recommendation is for approval of the proposed street name Red Tail Trail.

2. JOHNSON'S SUBDIVISION, LOTS 13 & 14, AMENDED PLAT

(#96-SA0858): SE 1/4 13-04-69; 9.38 ACRES; 2 LOTS;

FA-1 FARMING ZONING

This is a request to reconfigure two long, narrow lots into two more nearly square lots, providing for better residential building sites. Staff findings are: 1) Applicants desire to reconfigure two of these original lots into two lots which are relatively square, and more suitable as building sites; 2) Two lots in Johnson's Subdivision, immediately to the west (Lots 15 & 16) have been similarly reconfigured through an Amended Plat (See Amended Plat of Lots 1 & 2, Johnson's Subdivision, approved March 10, 1993); 3) An adequate, 30 foot wide ingress/egress and utility easement to Lot 2 has been provided. The staff recommendation is for approval of the Amended Plat of Johnson's Subdivision, Lots 13 & 14.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Red Tail Trail Street Name Change (#96-0S0857) and the Johnson's Subdivision, Lots 13 & 14, Amended Plat (#96-SA0858).

Motion carried 3 - 0.

3. POPE MINOR RESIDENTIAL DEVELOPMENT #2 (#96-EX0830):

NW 32-08-69, ON THE NORTH SIDE OF BINGHAM HILL ROAD,

1/2 MILE WEST OF OVERLAND TRAIL; 12.9 ACRES; FA-FARMING

ZONING

This is a request to replat Tract 2 of the Pope MRD #94-EX0466 to create 2 lots on 2.35 acres and 10.54 acres for single family residential use. There is an existing dwelling on the 10.54 acre lot. Staff findings are: 1) The proposed Pope MRD complies with the requirements of the Subdivision Resolution and the Comprehensive Zoning Resolution and is consistent with the LaPorte Area Land Use Plan. The proposed lot division is consistent with existing development in the area; 2) The LaPorte Area Planning Advisory Committee reviewed this proposal, stated no objection, and voted to recommend approval; 3) Approval of this proposed MRD, with certain conditions, should not result in any significant negative impacts on neighboring properties, the natural environment, provision of services or transportation.

The staff recommendation is for approval of the Pope MRD, with the following conditions: 1) The Final Plat shall dedicate additional right-of-way for County Road 50E to provide a half right-of-way of 50 feet; 2) Access is limited to the existing shared access at the western edge of Tract 3; the access road shall be paved from the edge of County Road 50E to the new right-of-way line as dedicated on the Final Plat. Plans for those improvements shall be submitted and approved by the County Engineering Department prior to beginning construction. The improvements shall be inspected and approved prior to recording the Final Plat; 3) A road maintenance agreement shall be required to address lot owners' responsibilities for maintaining year-round access. The agreement shall be recorded with the Final Plat. The Plat shall note that access is limited to the shared access at the western edge of Tract 3 and that there is a road maintenance agreement recorded with this Plat addressing property owner's responsibility for road maintenance; 4) A site plan showing primary and replacement leach field sites shall be submitted and approved by the Health Department prior to Final Plat recording. The Final Plat shall note that an approved septic system location for Tract 3 is designated on a site plan on file in the Larimer County Planning Department; 5) School fees for Tract 3 and all recording fees shall be paid by the applicant; 6) All easements and rights-of-way of record must be shown on the Final Plat; 7) In addition to notes stated above, the Final Plat shall contain the following notes: a) Uses on these lots are limited to single family residential and permitted accessory uses; b) Section 2.8 Road Fees of $432 will be collected at building permit issuance for a residential structure on Tract 3; c) Larimer County Park fees will be collected at building permit issuance for a residential structure on Tract 3; d) Engineered footings and foundations shall be required for all construction on these lots; e) Radon tests will be required in new residential structures, with test results being submitted to the Planning Department prior to issuance of a Certificate of Occupancy; f) Many types of wildlife use this area; lot owners should be aware that there may be conflicts between wildlife and humans or domestic animals. This area is rural and agricultural in nature; agricultural uses sometimes create odors, dust and noise. Lot owners should be aware that Larimer County will not take action to hinder or stop legal agricultural uses; 8) All conditions of approval shall be completed and the Final Plat recorded by October 15, 1996 or this approval shall be null and void; 9) The existing well located on Tract 3 shall be property abandoned according to Colorado Division of Water Resources standards prior to recording the Final Plat. Documentation showing that the well has been abandoned shall be submitted to the Planning Department prior to recording the Plat.

Commissioner Duvall stated that she attended the LaPorte Area Planning Advisory Council (LAPAC) meeting when they were considering this item and they had a question about the drainage and she wondered if that had been resolved because residents living in the area felt that the property was low and collected water; Mr. White responded that the building site is well above the wet area. With reference to a phone call received from a George Burnett indicating his opposition to the Pope MRD, Commissioner Duvall stated that he felt this proposal is not consistent with the neighborhood and violates the LaPorte Area Plan. Ms. Evans noted that during review of this proposal, it was reviewed by LAPAC twice and they did not state any objections to the plan thereby indicating it was in compliance, which is also staff's conclusion following review of this proposal. John Schmidt, adjacent property owner to the Pope property and to the Wilford property (which received a MRD variance several months ago) asked about subdivision of property in general; he understands that in 1972 an ordinance was passed stating that a parcel can only be subdivided once and this parcel has already been subdivided for the construction of Randy Pope's house, and the Wilford's just received a variance for property division for a four acre parcel. Mr. Schmidt continued that in 1995, he received a notice from the County indicating proposed new zoning in this area from FA-1 Farming to R-Rural Estate, which would require a 10-acre parcel as a minimum lot size; he requested clarification whether the 1972 ordinance is still in effect or if the proposed direction for the County is for lots of larger size. Mr. Schmidt stated he is not opposed to the Pope MRD. Ms. Evans responded that the Pope MRD was approved in 1994 and the Board did approve a MRD appeal for this proposal to go through the MRD process rather than a full subdivision process; Senate Bill 35, adopted in 1972, relates to the division of property and 35-acre developments, etc., but it does not limit someone's proposal to subdivide to just one lot and it established exemption procedures, such as the MRD. Ms. Evans stated that in this case the zoning in this area requires a minimum lot size of 2.3 acres and this proposal is consistent with the zoning; however, approximately 1/4 to 1/2 mile west of this property is the dividing line between O-Open zoning and the FA-1 zoning in which a 10-acre minimum lot size is required.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and staff recommendation and approve the Pope Minor Residential Development (#96-EX0830), with the conditions as outlined.

At this time, someone from the audience requested an opportunity to speak.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners reopen the hearing for additional public comment.

Motion carried 3 - 0.

Randy Pope, applicant, stated that from time to time various people in this area receive pieces of information from all sorts of different entities that this is proposed and that is proposed and there doesn't seem to be any one authority as to who has the right to do what; he stated that the Board needs to clarify if LAPAC has the ability to decide Bingham Hill's fate or if the landowners have to decide what is going to happen. As the Board liaison to LAPAC, Commissioner Duvall responded that LAPAC worked with County staff 5 to 6 years ago and put together the LaPorte Area Plan; she noted they were ahead of the rest of the County in terms of updating their Comprehensive Plan and now the remainder of the County is updating the comprehensive plan for the area from Wellington to Berthoud through the partnership land use system study. She explained that LAPAC sent out a letter ahead of the PLUS process; subsequently, the County asked them to hold off and to become part of PLUS to insure coordination within the county in the future.

Original Motion carried 3 - 0.

4. GARRISON MINOR RESIDENTIAL DEVELOPMENT (#95-EX0759):

SW 09-07-69 ON THE NORTH SIDE OF MULBERRY STREET, 1/4

MILE EAST OF OVERLAND TRAIL; 6.8 ACRES; 2 LOTS; FA-FARMING

ZONING

This is a request to divide 6.8 acres with one existing house and out building into 2 lots of 2.3 and 4.5 acres for single family residential use. The existing dwelling would utilize existing on-lot septic and access via Mulberry; the new building site would utilize public sewer and access via Woodford. Staff findings include: 1) The proposed Garrison MRD is in compliance with the requirements of the Subdivision Resolution and is consistent with existing development in the area and the intent of the Comprehensive Plan. The proposal is in compliance with the Comprehensive Zoning Resolution regarding minimum lot sizes and proposed uses. The applicants are working to resolve a potential zoning "junkyard" violation; 2) This request has been reviewed by the County Health and Engineering Departments, the Poudre Fire Authority,. Fort Collins Planning, the Division of Wildlife, utility companies and other agencies. The applicant has addressed the concerns noted by various agencies; some issues will be addressed through conditions of approval; 3) Approval of the Garrison MRD, with certain conditions, should not result in any significant negative impacts on the surrounding area, the natural environment, transportation, or the provision of services.

The staff recommendation is for approval of the Garrison MRD, with the following conditions: 1) Lot 2 shall take access from Woodford Street and shall utilize public sewer for sanitation; 2) The clean-up of materials stored on the property shall be completed and the property shall be in compliance with the requirements of the Larimer County Comprehensive Zoning Resolution prior to recording the Final Plat. Materials shall be stored completed within enclosed structures. The Final Plat shall note that the use of the property must be in compliance with the requirements of the Zoning Resolution; 3) Additional right-of-way to provide a half right-of-way of 50' on County Road 46 (Mulberry) shall be dedicated on the Final Plat; 4) A drainage plan and report shall be submitted; the Final Plat shall include drainage easements if deemed necessary by the County Engineering Department. Plans for the driveway access crossing of the drainage area shall be submitted and approved prior to construction or recording of the Plat. The applicant's engineer shall calculate the drainage basin fee for the West Vine Drive Drainage Basin; this fee shall be noted on the Final Plat and payment will be required at building permit issuance for the dwelling on Lot 2; 5) The buffer around the drainage/wetlands area, as recommended by the Division of Wildlife, shall be shown on the Final Plat as a no-build area. The wetlands area shall be delineated and mapped on the Final Plat. The buffer zone shall be 50' from the edges of the wetland areas. Construction of the driveway access at the eastern edge of the property would be allowed to cross this area; 6) Utility and irrigation easements of record or as requested shall be provided on the Final Plat. Any relocation of Public Service Company facilities shall be at the developer's expense; 7) School fees and recording fees shall be paid by the applicant; 8) The following notes and requirements shall also be included on the Final Plat: a) Residential fire sprinkler systems shall be required for the new dwelling on Lot 2. A tank and pump system will be required. Plans must be approved by the Poudre Fire Authority prior to building permit issuance; b) Fort Collins UGA Street Waiver Fee of $700 shall be paid at building permit issuance for the new dwelling on Lot 2; c) Larimer County Park Fees for the Fort Collins UGA shall be paid at building permit issuance for the new dwelling on Lot 2. The fee current at time of issuance shall apply; d) All utilities shall be underground; e) Engineered footings and foundations shall be required for all construction on these lots; f) Results of radon detection tests conducted in new residential structures shall be submitted to the Planning Department prior to issuance of a Certificate of Occupancy; g) There is a potential for conflicts with wildlife that might be attracted by pet food, garbage, junk piles and weeds. The Division of Wildlife may be contacted for information on how to manage these situations if they arise; h) A Western Area Power Administration transmission line crosses the northern portion of this site. Any activity in the easement area, including landscaping and fencing, should be cleared with WAPA prior to beginning any activity. License agreements are required from WAPA for any crossing of the easement, such as for utilities or driveways; 9) All conditions of approval shall be completed and the Final Plat recorded by October 15, 1996 or this approval shall be null and void.

Commissioner Duvall had several questions about this proposal. She expressed concern about the statement that "Generally the terms of the Intergovernmental Agreement regarding the UGA are not applied to MRD requests"; she stated that this statement does not make sense to her and she would like for the Board and staff to discuss this statement sometime in the future. She also expressed concern about the zoning violation for the accumulation of materials, as noted in the staff report, and she is concerned about the recommendation made by the Division of Wildlife (DOW) regarding a buffer which needs to be set back from the edge of the wetlands, and she wondered if the applicant has agreed with these conditions. Ms. Evans responded to the questions and specific concerns; with regard to the zoning violation, she noted that the applicants have made a tremendous effort and a transformation of the property has taken place and staff is recommending that some notation be made on the Final Plat stating that the property must remain in compliance with the zoning resolution. With regard to the wildlife buffer area, Ms. Evans stated that there was a misunderstanding on the part of the applicants about what the DOW was requesting and they also intended to protect that area; she noted that the applicants are in agreement with the conditions and stipulations as listed in the staff report. With regard to the UGA issue, Ms. Evans stated that the UGA specifically excludes MRD's from the provisions of that agreement, unless the County feels that there is some overriding interest to do so; in this case, staff is recommending that public sewer be provided for the new lot--originally the proposal was for both lots to be on septics. Commissioner Duvall stated she is concerned about this from a general policy standpoint.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Garrison Minor Residential Development (#93-EX0759), with conditions as outlined.

Motion carried 3 - 0.

5. JONES MINOR RESIDENTIAL DEVELOPMENT (#95-EX0778):

NE 36-06-69 ON THE EAST SIDE OF COUNTY ROAD 13E (NORTH

MONROE AVENUE), 1/4 MILE SOUTH OF COUNTY ROAD 28;

1.52 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide a 1.5 acre parcel with one existing dwelling into two lots of 0.60 and 0.93 acres for single family residential use. Ms. Evans provided the project and area description and reviewed the regulatory and technical issues; she noted that the proposal will provide a shared access along the northern edge of the site. Ms. Evans noted that the reason for the flag lot configuration is so both lots will be able to obtain a membership in Horseshoe Lake. Ms. Evans stated that staff thinks that with the current conditions, this parcel should remain as it is with the one unit on one and a half acres; also, redivision of the lots in this area possibly should be done when the property is annexed into the City of Loveland, as it is in the Loveland UGA. She noted that the City of Loveland expressed concerns similar to planning staff in that the addition of a second home to the rear of this lot would encourage higher density in this area and they also indicated concern with placing another building site near the shoreline of Horseshoe Lake; she stated that the City has rated the lake and its shoreline as a natural area for overall habitat quality and they are encouraging buffers along the shoreline to protect the lake and the wildlife. Ms. Evans also noted that the draft of the Open Lands Plan calls for a development setback of 300' from the high water line and the easternmost edge of the building envelope on proposed Lot 1 is approximately 200' from the high water line; she emphasized, however, that this Plan has not yet been adopted by the City of Loveland nor Larimer County, but is the basis for the City's comments. She noted that the technical issues are relatively minor and probably could be addressed through conditions. Staff findings include: 1) The proposed development appears to be consistent with the County's Land Use Plan, Zoning Resolution and the intent of the Subdivision Resolution as it pertains to Minor Residential Developments; 2) The subject property and other shoreline lots in the immediate area are long and narrow in configuration. Existing development in the area is primarily residential uses on 1.5 and 2.5 acre lots; 3) The long narrow shape of this lot, along with the location of existing improvements, easements, and the shoreline of Horseshoe Lake, make it difficult to re-divide the property in a manner that is consistent with the existing character of the area. Individual re-division of the lots in this area does not take into account the cumulative effect on access/traffic, fire protection and utilities and does not address compatibility with existing development in the area or the potential for impacts to Horseshoe Lake; 4) The City of Loveland states that, in general, the proposal is consistent with the philosophy statements of the 1994 Comprehensive Master Plan. However, the City is concerned that splitting this lot into two smaller lots is inconsistent with the neighborhood and may encourage higher density; 5) The City of Loveland encourages setback or buffer areas along the shoreline of Horseshoe Lake, which it has identified as a highly rated natural area for overall wildlife habitat quality. The City is concerned that the new building site, located between the existing improvements and the shoreline, could have a negative impact on the shoreline and recommends limiting the square footage of impervious surfacing within the buffer area; 6) Given the existing conditions and character of this area, re-dividing the long narrow parcels in this area in a piecemeal manner would negatively impact the provision of looped utility services, transportation systems and coordinated fire protection. Piecemeal re-division may also negatively impact the shoreline area of Horseshoe Lake because setback or buffer areas cannot be accommodated. The staff recommendation is for denial of the proposed Jones Minor Residential Development.

Mr. Owen Jones, one of the applicants, thanked the Commissioners for this opportunity to be heard and he congratulated Ms. Evans for being so helpful in communicating with him. Mr. Jones noted he is a City Council member in Casper Wyoming and he asked the City Planner in Casper to review the staff report of this proposal and to provide comments; he read the report and stated that the report appears to be endorsing the proposal, but in the end the recommendation is for denial. Mr. Jones stated that his request is consistent with the 1994 Comprehensive Master Plan; he acknowledges the requirement of a 300' setback from high water, but presently a home is being constructed in this area with a 35' setback. Tom Jones, another applicant, presented and described pictures of the existing house, the site, and surrounding properties. Owen Jones stated that with regard to the envelope providing access from Lot 2 to the lake that if this is a problem, they would have no problem abandoning that road; he noted that a local engineering firm did a lot of surveying and many adjustments were made and they believe that creating two lots out of this one is not inconsistent with the existing development in the neighborhood.

At this time the public comment portion of the hearing was closed and opened for Commissioners comments; Commissioner Disney stated he wished there was some way to readjust the building envelope to meet the 300' set back requirement; Ms. Evans reminded him that the 300' is a proposed buffer, not yet adopted by the Loveland City Council, but on which the City staff based their comments for this plan. Commissioner Disney stated he has no problem with the density because it is in compliance with the density in the area; with regard to the wildlife habitat on Horseshoe Lake, he noted that this part of the lake is frequently a mud flat by mid summer as it is very shallow and he questions the habitat value of this portion of the lake. Commissioner Duvall stated she agrees with staff that if this area is going to be developed, it should be developed together with a coordinating plan, rather than piece meal and she doesn't think it is appropriate or in keeping with the neighbors expectations. Commissioner Disney pointed out that the area immediately northwest of this property is the Lago Vista Trailer Court with very high development. Chair Clarke stated that he thinks it is very important to keep the 200' between the edge of this building envelope and the lake; in terms of the overall development in the area, he noted it is heavy and, in addition to the trailer park to the northwest, there is a series of 1/2 acre lots up north with very intense development. Commissioner Duvall stated that the Loveland City Council has put a lot of work into the open lands plan, which calls for a development setback of 300' from the high water line, and she thinks we should honor that plan; she doesn't think the Board should allow development that is otherwise and she doesn't think it is appropriate to develop this area with any higher density unless it goes through the Planning Commission or is done by the City of Loveland through annexation. Chair Clarke questioned what would be gained by having this proposal go through the subdivision process; Commissioner Duvall clarified that the point she was making was if this area is to be redeveloped, it should be done in a comprehensive manner. Chair Clarke expressed concern regarding the requirement of an annexation agreement; Ms. Evans stated that if the Board is considering approving this proposal, it should be taken under advisement or tabled to allow time for staff to prepare conditions of approval, which will include submission of an annexation agreement as a condition of approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Jones Minor Residential Development until May 13, 1996 to allow time for staff to work with the applicant in developing conditions.

Motion carried 2 - 1; Commissioner Duvall dissenting.

The meeting adjourned at 4:00 p.m.

WEDNESDAY, APRIL 17, 1996

ADMINISTRATIVE MATTERS

(Equipment failure-tapes unavailable)

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: Rex Smith, Public Works Director; Stuart VanMeveren, District Attorney; Ralph Jacobs, Human Resources Director; Dave Mosher, Support Services Manager; Jim Stokes, Information Management Director; Donna Hart, Community Information Manager; Bob Keister, Budget Manager; Russ Ragsdale, Chief Deputy Clerk; Neil Gluckman, Assistant County Manager; Russ Legg, Interim Planning Director; Jerry White, Senior Planner; Jeannine Haag, Assistant County Attorney; and Joan Duchene, Office Supervisor. Recording Clerk, A. Jensen.

1. OPEN SESSION FOR PUBLIC COMMENT: Mr. Tom Bender thanked the Commissioners for demonstrating their support of affordable housing for migrant workers. Discussion ensued regarding Senate Bill 167.

Mr. Don R. Wubben submitted information regarding an agreement between Larimer County, the National Forest Service and the road association for Cedar Park and Cedar Springs. Mr. Wubben reviewed the issues pertaining to the covenants and the roads in the Cedar Park and Cedar Springs subdivisions. A brief discussion ensued regarding the information distributed by Mr. Wubben. The Commissioners requested that staff examine this issue and instructed Mr. Lancaster to contact Mr. Wubben once staff has conducted their research.

Mr. C. Dean Miller will return in two weeks to the open session for public comment; the Commissioners assured Mr. Miller he will be first on the agenda.

2. PROCLAMATION REGARDING CRIME VICTIMS RIGHTS WEEK: Chair Clarke read the proclamation as submitted by Mr. VanMeveren declaring the week of April 21, 1996, as Victims' Rights Week.

M O T I O N

Commissioner Duvall moved that the Board proclaim the week of April 21, 1996, as Victims' Rights Week, and authorize the Chair to sign same.

Motion carried 3 - 0.

3. PURCHASE OF COPIER FOR PRINT SHOP: Mr. Stokes and Mr. Mosher came before the Board to discuss a letter sent by Mr. Troy Tafoya of P.D.S., Inc. At this time, Mr. Clarke excused himself from the discussion stating his presence represented a conflict of interest and left the meeting. Mr. Stokes briefly addressed the issues raised in Mr. Tafoya's letter. Mr. Mosher detailed the evaluation process employed in evaluating the copiers that were open for bid. The Commissioners instructed Mr. Mosher to compose a letter responding to Mr. Tafoya's letter and the concerns raised for the Commissioners to sign. Chair Clarke returned to the meeting.

4. REQUEST TO WAIVE POSITION POSTING FOR ACCOUNTING TECH. 1 IN CLERK AND RECORDER'S OFFICE: Mr. Jacobs addressed the Board regarding this request, stating that the person requesting the transfer is aware that it is a voluntary demotion to take the Account Tech. 1 position in the Clerk and Recorder's office. Mr. Jacobs stated the request is to waive the policy requiring the position to be posted, as well as recommend approval of this request. A brief discussion ensued.

M O T I O N

Commissioner Disney moved that the Board waive the posting requirements for position CK-MTV009 in the Motor Vehicle office to allow the transfer of a current employee from the Human Resources Department.

Motion carried 3 - 0.

5. REQUEST TO WAIVE LEAVE WITHOUT PAY POLICY: Mr. Jacobs reviewed the events leading to this request. Mr. Jacobs stated he recommends approval of this waiver.

M O T I O N

Commissioner Duvall moved that the Board waive the provisions of section 617 of the Larimer County Personnel Policy Manual, requiring that all appropriate earned leave be exhausted before leave without pay is granted. This waiver is done to permit Lisa Lundgren to take an additional two weeks leave without pay for personal use and to meet the County's grant obligations necessitated by a reduction of Federal allocation to the Preventative Block Grant.

Motion carried 3 - 0.

8. APPOINTMENTS TO OPEN LANDS ADVISORY BOARD: Discussion of this resolution ensued.

M O T I O N

Commissioner Disney moved that the Board approve the resolution appointing Linda Stanley to serve as the representative of the Planning Commission on the Open Lands Advisory Board, and appoint Wendall Amos to serve as the alternate representative of the Planning Commission to the Open Lands Advisory Board.

Motion carried 3 - 0.

R96-71g RESOLUTION APPOINTING LINDA STANLEY AS THE REPRESENTATIVE OF THE PLANNING COMMISSION ON THE OPEN LANDS ADVISORY BOARD AND THE APPOINTMENT OF WENDALL AMOS AS THE ALTERNATE REPRESENTATIVE OF THE PLANNING COMMISSION TO THE OPEN LANDS ADVISORY BOARD.

Discussion followed regarding the next resolution to appoint a citizen at large to the Larimer County Open Lands Advisory Board and expand the membership on the Advisory Board.

M O T I O N

Commissioner Disney moved that the Board expand the membership on the Open Lands Advisory Board to a total of 12 regular members and appoint Pete Salg to the Open Lands Advisory Board as the Citizen at Large.

AMENDMENT TO THE MOTION

Commissioner Duvall moved that the Board amend the motion as stated by Commissioner Disney and appoint Pete Salg as an alternate and appoint Kathay Rennels to the Open Lands Advisory Board as the Citizen at Large.

Discussion followed regarding the representation on the Open Lands Advisory Board and the potential consequences of those appointments.

Amendment carried 2 - 1; Commissioner Disney dissenting.

R96-72g RESOLUTION APPOINTING KATHAY RENNELS TO THE OPEN LANDS ADVISORY BOARD AS A CITIZEN AT LARGE AND PETE SALG AS AN ALTERNATE REPRESENTATIVE.

9. APPOINTMENT TO THE FLOOD REVIEW BOARD: Ms. Duchene came before the Board to request that Mr. Ron Winne, Larimer County Project Engineer, be appointed to the Flood Review Board. A brief discussion followed with respect to this request.

M O T I O N

Commissioner Duvall moved that the Board appoint Mr. Winne as the representative of the County Engineering Department to the Flood Review Board.

Motion carried 3 - 0.

10. DISCUSSION OF EXTERNAL PLAN PLANNING MEETING: Mr. Gluckman stated his attendance at today's meeting was to give an update and provide guidance as to the Commissioner's role for the external plan planning meeting scheduled May 9 and 10, 1996. Mr. Gluckman provided a sample agenda for the Commissioners to review and decide which topic they will present at the May 9, 1996, meeting. Mr. Gluckman also offered his assistance to the Commissioners in preparing their presentations.

11. WORKSESSION:

-- Communications Study: Mr. Lancaster briefed the Board on Ms. Elizabeth Lowe's findings regarding consultants to explore the possibility of centralizing dispatch operations for local law enforcement agencies. The Commissioners expressed their support of proceeding with this project.

-- Tuesday Worksessions: Mr. Lancaster inquired of the Commissioners if the Tuesday worksessions were useful. The Commissioners responded in the affirmative. Discussion ensued regarding re-assignment of the day to day administrative duties of the Commissioners. Mr. Lancaster stated he will re-examine the Commissioners schedule.

-- Items for Policy Worksession: Mr. Lancaster submitted a list of suggested topics for discussion during Policy Worksession tomorrow. The topics are: Agricultural Advisory Panel, service priorities and privatization, employee compensation, and the employee gifts' policy. Commissioner Duvall requested that mandatory training for new liquor licensees be included as a topic.

-- Items for Cabinet Meeting: Mr. Gluckman stated there will be an update on the FMS project. Commissioner Duvall suggested that the Cabinet revisit the service inventory with the Cabinet members.

-- Bus transportation to the Rockies game May 26, 1996: The Commissioners instructed Ms. Hart to charter buses to the Rockies game May 26, 1996, for county employees to be paid out of the Commissioners' special projects fund.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they will be able to attend.

-- Request for Fairground's bleachers for the Scottish Irish Festival: Commissioner Disney stated he has received a request from the organizers of the Scottish Irish Festival to borrow the Fairground's bleachers. Mr. Holt indicated his willingness to Commissioner Disney to lend the bleachers to the Festival, but would be unable to provide transportation of the bleachers to and from Estes Park. Mr. Lancaster will research the costs involved in providing this transportation and report back to the Commissioners.

-- Resolution regarding property rights: Commissioner Disney stated he had received a sample resolution regarding property rights and submitted it for Chair Clarke and Commissioner Duvall to review and comment.

-- Letter of condolence for Davison family: Commissioner Disney suggested that the Board send a letter of condolence to the Davison family. Chair Clarke and Commissioner Duvall were in agreement with this suggestion.

12. DOCUMENT REVIEW:

M O T I O N:

Commissioner Disney moved that the Board approve the Minutes for the week of April 8, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Schedule for the week of April 22, 1996, as submitted and revised.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor: Rodman, Krawiec, Laflin, Ketels, Grosboll, TNT Development, TAS Development, TAS Development, Beaner, Johnson, Preserve at the Fort, South Taft Hill Investments.

Motion carried 3 - 0.

Discussion ensued regarding the consent agenda for document review. The Commissioners agreed to pull the Findings and Resolution approving the extension of the preliminary play of Horseshoe View Estates North Subdivision 2nd filing, B.G.'s Drink-N-Dawg tavern liquor license, and the Windjammer tavern liquor license for discussion.

M O T I O N

Commissioner Disney moved that the Board approve the following documents as listed on Document Review for April 17, 1996, minus the items listed above.

MISCELLANEOUS DOCUMENTS: Amended Plat Ptarmigan 1st Filing Lots 3 & 4, Block 4; South Nokomis Lake Subdivision Amended Plat of Lots 12-17, Block 31 and Lots 15-18; Larimer County Board of Social Services Minutes - April 9, 1996; Personnel Authorization Request - Public Health; March 1996 Warrant Register for Social Services. LIQUOR LICENSES: Licenses were issued for: Sox & Cubs Pizza & Subs - 6% - Fort Collins, CO.; Scorched Tree Bed and Breakfast - 6% - Bellvue, CO.; Burger Bay - 3.2% - Loveland, CO.; Sandy's Convenience Store - 3.2% - Fort Collins, CO.; Boyd Lake Marina, Inc., - 3.2% - Loveland, CO. County Approval was grated to the: Hickory House South - 6% - Fort Collins, CO.; Loveland Chamber of Commerce, Inc., - Special Events Permit - Loveland, CO., and a waive of hearing for a special events for Loveland Chamber of Commerce at 2331 Waterdale Drive, Loveland, Colorado.

A96-50 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ALISTAIR MACDONALD - OFFICE SPACE IN LOVELAND (1825 East 18th Street, Suite B, Loveland Colorado).

A96-51 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CKM LIVING TRUST (Road Improvements on Dowdy Lake Road Project #109).

A96-52 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROBERT A. AND KAREN DICKINSON (Road improvements on County Road 30 Project #181)

A96-53 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD AND MATILDA A. MAXWELL (Road improvements on County Road 30 Project #181)

A96-54 INTERGOVERNMENTAL LEASE AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE

PARK SCHOOL DISTRICT R-3 (Lease of Space for County

Offices in the Administration Facility in Estes Park, Colorado)

D96-10 APPLICATION FOR TREASURER'S DEED TO THE COUNTY TREASURER OF LARIMER COUNTY, COLORADO (Remove schedule # 1039797, parcel # 97313-00-022 from the tax rolls).

D96-11 APPLICATION FOR TREASURER'S DEED TO THE COUNTY TREASURER OF LARIMER COUNTY, COLORADO (Remove schedule #1039746, parcel #96013-00-015 from the tax rolls)

R96-73z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE FUN STOP.

R96-74s FINDINGS AND RESOLUTION CONCERNING THE MASTER PLAN AND PRELIMINARY PLAT OF WYNDHAM HILL PLANNED UNIT DEVELOPMENT AND THE PETITION FOR REZONING.

Motion carried 3 - 0.

Commissioner Disney inquired if Kathy Kuhlman's request to be contacted when the final approval of this plat was made; much discussion ensued regarding this request. Mr. White confirmed that two separate attempts were made to contact Ms. Kuhlman prior to today's meeting.

M O T I O N

Commissioner Disney moved that the Board approve the Findings and Resolution approving the extension of the preliminary plat of Horseshoe View Estates North Subdivision 2nd filing.

Motion carried 3 - 0.

R96-75s FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT HORSESHOE VIEW ESTATES NORTH SUBDIVISION 2ND FILING.

M O T I O N

Commissioner Duvall moved that the Board table approval of B.G.'s Drink-N-Dawg tavern liquor license until May 1, 1996, pending proof demonstrating completion of training for the Drink-N-Dawg's employees.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board table approval of the Windjammer Lounge's tavern liquor license pending research into recent complaints.

Motion carried 3 - 0.

13. LEGAL MATTERS: At this time, Assistant County Attorney, Jeannine Haag joined the meeting for legal matters.

-- Counterproposal for Lot 24, Glacier View Meadows 8th Filing: Ms Haag presented a contract to sell Lot 24, Glacier View Meadows 8th Filing Bradley K. and Rosemond F. Hackleman, for the Board to approve and the Chair to sign.

M O T I O N

Commissioner Disney moved that the Board approve the proposed contract to sell Lot 24, Glacier View Meadows Eight Filing P.U.D., to Bradley K. and Rosemond F. Hackleman, contingent on financing being approved on or before May 7, 1996, and to authorize the Chair to sign same.

Motion carried 3 - 0.

C96-19 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BRADLEY K. HACKLEMAN AND ROSEMOND F. HACKLEMAN TO SELL LOT 24, GLACIER VIEW MEADOWS EIGHT FILING P.U.D.

-- Discussion of ordinance regarding sale of tobacco items to underage: Ms. Haag stated that the Colorado Revised Statutes do not address allowing the County to pass an ordinance regarding the sale of tobacco items to the underage; the County is unable to enact this ordinance without a change in legislation.

Ms. Haag recommended, with respect to takings issues, that people who protest their taxes go through PLUS and make arbitration a part of PLUS.

EXECUTIVE SESSION

M O T I O N

Commissioner Disney moved that the Board go into Executive Session with Jeannine Haag to discuss property acquisition.

Motion carried 3 - 0.

The Board came out of Executive Session at 11:40 a.m.; no action taken.

The meeting adjourned at 11:40 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

ATTEST:

( S E A L )

______________________________________

Aimee Jensen, Deputy County Clerk

______________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.