PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 17, 1996

LAND-USE PLANNING MEETING

(#47 & #44 @ 1000)

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: Carol Evans, Planner I; Allen Gould, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; William Heiden, Director Road & Bridge Department; Brice Miller, Building Official; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. A member of the audience requested that the Carriage Hills 4th Filing Lots 17 & 18 Block 11 Amended Plat be removed from the consent agenda.

1. WILD EXEMPTION EASEMENT VACATION (#96-SA0886): NE 1/4

2-5-70; 2.61 ACRES; 1 LOT; FA-1 FARMING ZONING

This is a request to vacate 30' of the 60' access and utility easement on the west property line of parcel #2, Wild Exemption #135-76 EX. Staff findings include: 1) The Everett Wild Exemption was platted in 1976; 2) Vacation of this easement will not eliminate access to any of the properties involved; 3) This proposal has been reviewed by various utility companies and County Departments and none have stated any objections to this proposal; 4) Vacation of the easement will not adversely affect the health, safety, or welfare of existing residents; 5) No adjacent property owners have objected to this vacation. The staff recommendation is for approval of the vacation of the eastern 30' of the access and utility easement platted on the western side of Parcel #2 of the Everett Wild Exemption #135-76-EX recorded at Book 1730, Page 347.

2. FALLON-CYR SUBDIVISION (#95-SU0686): SW 32-08-69 1/4

MILE WEST OF OVERLAND TRAIL, ON THE NORTH SIDE OF

MICHAUD LANE (WEST COUNTY ROAD 50); 17.49 ACRES;

2 LOTS; FA-FARMING ZONING

This is a request to divide a 17.5 acre parcel with one existing dwelling into 2 lots of 3.0 and 14.45 acres for single family residential use. Staff findings are: 1) The proposed Fallon-Cyr Subdivision is consistent with the Larimer County Comprehensive Plan/LaPorte Area Land Use Plan, the Comprehensive Zoning Resolution, the existing zoning on the property, the Subdivision Resolution and is compatible with existing development in the area; 2) The LaPorte Area Planning Advisory Committee reviewed the proposal in September 1995 and stated no objections; 3) Approval of the Fallon-Cyr Subdivision, with certain conditions, should not result in any significant negative impacts on neighboring properties, the natural environment, or the provision of services and transportation.

The Planning Commission/Staff recommendations are for: 1) Approval of a variance from the requirements of the Water, Sewer and Fire Safety Standards Manual regarding the percentage of lots utilizing standard or engineered septic system (in the event an engineered septic system is needed for Lot 1); and 2) Approval of the Preliminary Plat of the Fallon-Cyr Subdivision, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes; 2) Working of specific notes on the Preliminary Plat shall be changed as follows: a) Note #2 shall specify the amount of the Section 2.8 Road Fee that is to be paid at building permit issuance ($977.27); b) Note #3 shall read as follows: "Passive radon mitigation systems shall be required for all new residential structures. Radon test results must be submitted to the Planning Department prior to issuance of a Certificate of Occupancy. Modification of the passive mitigation system to an active system is at the discretion of the property owner"; c) Note #5 referring to fire sprinkler systems shall also state that plans must be approved by Poudre Fire Authority prior to building permit issuance; 3) The following notes shall also be added to the Final Plat: a) All utilities shall be located underground; b) Lot owners should refer to the geologic and soil reports contained in the County Planning Department, file #95-SU0686, for information and recommendations on development and construction on this property. Basement construction may not be feasible without construction of de-watering systems around the lower foundation areas. Structural floor systems may be needed if slabs are placed in or within three feet of the bedrock stratum; c) An access permit shall be required for any new access onto County Road 50 or change of use for any existing access; 4) Easements as requested by the utility providers and by County Engineering (drainage) shall be provided on the Final Plat.

3. BLUE MOUNTAIN FARMS STREET NAME CHANGE (#96-0S0884):

32-04-69 EAST OF COUNTY ROAD 23E, NORTH OF THE BOULDER

COUNTY LINE

This is a request to name three unnamed roads which provide access to several 35 acre parcels. Staff findings include: 1) This request is to name three roads which provide access to several 35-acre lots southwest of Berthoud; 2) The County Health and Engineering Departments and all appropriate agencies reviewed the proposed street names and stated no objections; 3) The proposed street names do not duplicate any existing street names in this part of the County; naming the streets will facilitate addressing the building sites which will assist emergency service providers. The staff recommendation is for approval of the proposed street names of Highplains Drive, Little Thompson Drive, and Blue Mountain Way.

4. LINDENWOOD 1ST FILING, LOT 26A EASEMENT VACATION

(#96-SA0891): 06-07-68 NORTH OF VINE DRIVE, EAST OF

COUNTY ROAD 13 (NORTH LEMAY); FA-1 FARMING ZONING

This is a request to vacate part of a utility easement to correct an existing encroachment. Staff findings are: 1) Lindenwood Subdivision was originally approved many years ago. Recently, an improvement location certificate was done by a surveyor who discovered that part of the dwelling encroaches on the utility easement located along the rear lot line; 2) The only utilities using the easement are Public Service Company and U.S. West who agreed to the vacation of that part of the easement that they do not use; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed easement vacation and stated no objections. The staff recommendation is for approval of the vacation of a portion of the 20-foot utility easement along the rear line of Lot 26A of the Amended Plat of Lots 24, 25 and 26, Lindenwood Subdivision.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Wild Exemption Easement Vacation (#96-SA0886); Fallon-Cyr Subdivision (#95-SU0686); Blue Mountain Farms Street Name Change (#96-0S0884); and the Lindenwood 1st Filing Lot 26A Easement Vacation (#96-SA0891); each, with the conditions as outlined.

Motion carried 3 - 0.

5. CARRIAGE HILLS 4TH FILING, LOTS 17 & 18 BLOCK 11 AMENDED

PLAT (#96-SA0888): 01-04-73 CARRIAGE HILLS 4TH FILING;

.95 ACRES; E-ESTATE ZONING

This is a request to reconfigure two lots to accommodate an existing encroachment of a structure on one lot. Mr. Gould described the request and noted that the existing utility easement will be vacated and re-established 10 feet on either side of the newly configured lot line. Staff findings include: 1) There are no utilities located in the utility easement to be vacated, and none of the affected utility companies has objected to this proposed Amended Plat; 2) Applicants own both Lots 17 & 18; 3) Approval of the Amended Plat and vacation and establishment of the utility easement would not affect the surrounding neighborhood or the community; 4) Approval of the Amended Plat would have no impact on the municipal or district services and utilities.

The staff recommendation is for approval of the proposed Amended Plat of Lots 17 and 18, Block 11 of the Carriage Hills Subdivision, 4th Filing, conditional upon the Board of Adjustment granting a lot size variance. Applicant's property is located in the E-Estate district, which requires a minimum lot size of 2.5 acres. When reconfigured, Lot 18 would be 0.58 acres in size, and Lot 17 would be 0.37 acres in size.

Applicant Scott McCall addressed the Board and stated that the reason for the request is to clean up easements and encroachments; questions from the Board followed and Mr. McCall stated that this property has always been two lots with an illegal lot line--it was never just one lot. Judy Nystom, representing the applicants, noted that the McCalls purchased the property through the Trust Department of a bank and corrections were made to the legal descriptions but never carried through. The following adjacent property owners addressed the Board in opposition to this land division: Lorraine Sharp, Gregg Yarrow, Clifford Dill, and Mr. Tashmeda. Ms. Sharp noted that this lot is very long and narrow and if this lot is divided and a home is placed on the second lot, it would greatly decrease the value of her home; she submitted pictures of the property, petitions signed by neighbors opposing this lot division, and a letter from one of the neighbors in opposition. Mr. Yarrow also submitted pictures of the site and stated that this will make a small lot even smaller and create a long narrow lot. Mr. Dill, President of the Carriage Hills Homeowners Association, informed the Board that their Board would like to go on record in opposition to this land division. Mr. Tashmeda expressed concern that this land division will set a precedent. Ms. Nystom responded to the concerns raised and noted that the applicants are just trying to do a lot line adjustment to correct an error that was made a long time ago.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Clarke stated that he thinks this is a reasonable request and the lot sizes will be compatible with the existing lot sizes in the subdivision. Commissioner Duvall acknowledged that a mistake was made in the past by the County and the two lots should have combined into one lot long ago--it was an oversight and the building permit should never have been issued; however, she thinks it would be a mistake to reconfigure the two lots and it should all be one lot. Commissioner Disney stated that he would like to be fair to the applicant and, in his opinion, the request is not out of line; Commissioner Duvall stated that she thinks it would be unfair to the adjacent property owners to change the configuration of this lot.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Carriage Hills 4th Filing, Lots 17 & 18 Block 11, Amended Plat (#96-SA0888).

Motion carried 2 - 1; Commissioner Duvall dissenting.

6. UT GUEST RANCH SPECIAL REVIEW (#96-ZR0790): W 1/2 17-11-76

5 MILES SOUTH OF THE WYOMING STATE LINE ON THE LARAMIE

RIVER ROAD (COUNTY ROAD 103); O-OPEN ZONING

This is a request for Special Review to rehabilitate and reopen an historic guest ranch offering seasonal lodging, meals and recreation. Mr. Gould provided the project description and reviewed the history of the site and the major concerns and issues. Mr. Gould noted that at the Planning Commission, Tom Baxter, an adjacent property owner, presented a letter outlining his concerns regarding what the impact of this proposed operation would have on his property; such as trespassing, the use of pesticides and fertilizers, and potential rafting on the river. Mr. Gould noted that the applicant has submitted a pesticide control plan; Mr. Ryan suggested that this pesticide control plan be made a part of the conditions to be reviewed by the Health Department to ensure that the plan meets State and Federal requirements for the application of pesticides. Staff findings are: 1) The proposal complies with the intent and purpose of the Comprehensive Zoning Resolution and the Comprehensive Plan; 2) The proposal will be harmonious with, and will have minimal impact on, nearby properties; 3) The proposal will not impair the public health, welfare, prosperity, and safety by creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities, or adverse environmental influences in the area; 4) Applicant expects to essentially complete all construction and rehabilitation activities to enable the ranch to open for business by May, 1997.

William Burleigh, applicant, informed the Board that after the Planning Commission meeting he personally met with Mr. Baxter to discuss his concerns and since that time has tried to address and mitigate his concerns.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments; Chair Clarke stated he visited the site and thinks it is an appropriate use for the site. Commissioner Duvall stated she is in favor of the refurbishing of this historic property and she proposed that a condition #5 regarding the pesticide control plan be added to the list of conditions; Commissioner Disney concurred with the Planning Commission/Staff recommendation.

The Planning Commission/Staff recommendation is for approval of the Special Review, with the following amended conditions: 1) Applicant will comply with all relevant State and County public health regulations and standards pertaining to installation of septic systems, and water supply systems. Construction of these facilities will be designed by a Professional Engineer, registered in the State of Colorado; 2) Applicant will comply with all food preparation standards of the County and State Health Department; 3) Applicant will comply with all building, plumbing, and electrical codes and regulations of Larimer County; 4) Applicant will comply with the Fire Protection Plan; 5) The pesticide control plan will be reviewed by the Larimer County Environmental Health Department to determine that it meets State and Federal requirements, including a Division of Wildlife review to insure protection of area fisheries.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the UT Guest Ranch Special Review (#96-ZR0790), with the conditions as amended.

Motion carried 3 - 0.

7. SWIFT SPECIAL REVIEW AND FORT COLLINS READY MIX -

VIOLATION OF CONDITIONS OF APPROVAL (#Z15-89 & #Z33-85):

SWIFT: 10-07-68 EAST OF INTERSTATE 25, SOUTH OF CR36;

FORT COLLINS READY MIX: WEST OF INTERSTATE 25, SOUTH

OF COUNTY ROAD 36

Mr. White provided the background of the Swift Gravel Pit and the Fort Collins Ready Mix and reviewed the current status of the situation leading up to the hearing today; he noted that the major concern is the impact of these operations and their trucks on the surrounding unimproved county roads in the area. Staff findings include: 1) Approvals of the 1982 Swift Special Review and the 1989 Ft. Collins Ready Mix Special Review were conditioned upon truck traffic not using the unpaved roads in the area; 2) Evidence has been provided that the operators have continued to use County Road 36 as a haul route; 3) The owners and operators have been advised previously that County Road 36 could not be used as a haul route; 4) Use of the unpaved county roads has had a negative impact on the integrity of the roads, and creates potential health problems because of fugitive dust and conflicts with other traffic.

The staff recommendation is to find that a violation exists and direct the County Attorney to pursue legal action if there is evidence that the violation occurs in the future; also, to advise the property owners and operators that any subsequent violation of the Special Review conditions will result in revocation of the Special Review approval.

Mr. Heiden informed the Board that this situation was brought to their attention primarily by the residents adjacent to County Road 36 and County Road 7 complaining that there has been excessive truck traffic on these roads; he submitted pictures and referred to a letter received from Cheryl and Robert Ross and noted that a complaint has also been received from John Hatfield. Mr. Heiden reported on two site visits he made and reported that the trucks do create quite a dust cloud; he noted that the road was treated in April and it is already destroyed. Responding to a question from Commissioner Duvall if any previous agreement was made that these companies would help with maintenance on these roads, Mr. White responded that the only condition imposed was that the trucks would not use the roads.

Louie Swift of the Swift Gravel Pit addressed the Board and stated he has no excuse for the trucks using these roads, but he expressed concern that the County did not call him personally and request his help before this hearing; he noted he has talked to Don and Dan Kehn and they assured him the trucks will not be using these roads in the future. Dan Kehn of Kehn Construction admitted that they had some drivers using the roads, but since this has come to his attention, all the drivers have been told not to use these roads and it has been posted that the trucks are not to use these roads; he noted, however, that Kehn Construction and Fort Collins Ready Mix are not the only trucks using CR 36. Mr. Kehn suggested that the County erect some signs saying "No truck traffic" on these roads. There was no one present for today's hearing representing the Fort Collins Ready Mix.

At this time the hearing was opened for public comment and Cheryl Ross, Vern Mobeley, John Hatfield, Dana Conley and James Ott (all residents living adjacent to CR 36 or CR 7) addressed the Board with their concerns. Ms. Ross agreed that Mr. Kehn is correct that his trucks and the Fort Collins Ready Mix trucks are not the only trucks on this road; however, the road has been ruined and she approves of the idea of posting a weight limit or a speed limit sign to alleviate the horrid conditions created by traffic on these roads. Vern Mobeley stated that the dust problem on CR 36 has been a major concern for over 25 years; he noted he called the County in 1975 about the dust problem and that is when the 40 MPH speed limit was imposed. John Hatfield reiterated that the road conditions are very bad; he noted that after he complained to Mr. Heiden about the roads, he was requested to keep track of the trucks on the road and he summarized his report of 1 and 1/2 pages of incidents commencing in early June of this year. Dana Conley reported that three weeks ago she called Kehn Construction and she noted that Kehn hasn't had their trucks on the road very much since then; she too would like to have a sign erected on the road saying "No truck traffic" and the speed limit reduced. Ms. Conley stated that her children all have severe allergies and must wear a handkerchief over their face whenever they are outside; she noted that the magnesium chloride treatment helps the condition of the road, but not for long with the truck traffic. Mr. Ott stated he agrees with everything that has been said, but he expressed concern regarding the safety issue because of the speed the trucks travel. Dan Kehn responded to the concerns and concedes there is a lot of dust on CR 36 but he stated that a lot of dust is created just with the car traffic.

At this time the public comment portion of the hearing was closed and opened for Commissioner's questions and comments. Commissioner Duvall asked Mr. Swift what monetary amount he felt would be fair to help the County repair this road; Mr. Swift stated that CR 36 is a highly traveled road and he didn't know how to answer the question. Commissioner Disney stated he likes the idea of a retro payment being required from the companies for the road damage because of their disregard of the imposed conditions. Commissioner Duvall stated that these two companies should be required to help the County repair these roads and she asked legal counsel if this is an appropriate place for a "No truck traffic" sign; Ms. Haag responded that legally the County does not have the authority to require them to make retribution for any damages to the road and to get that kind of authority, the matter would have to be dealt with through court action. With regard to erecting a "No truck traffic" sign on these roads, Ms. Haag stated she does not think the road can be totally closed to truck traffic, but there is some authority to allow the County to impose weight limits on these roads. Commissioner Duvall expressed appreciation to Mr. Swift for coming today to discuss this issue with the Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find, in the matter of the Swift Special Review and Fort Collins Ready Mix (File #Z33-85 & #Z15-89), that a violation exists and direct the County Attorney to pursue legal action if there is evidence that the violation occurs in the future; also to advise the property owners and operations that any subsequent violation of the Special Review conditions will result in revocation of the Special Review approval.

Motion carried 3 - 0.

8. DISCUSSION OF RADON TESTING REQUIREMENTS FOR NEW

DEVELOPMENTS

Lengthy discussion ensued regarding radon testing requirements for new developments in the County. Mr. White provided the background for radon testing, noting that several years ago, the Planning Division began to recommend that radon tests be required in all new houses built in new subdivisions before a Certificate of Occupancy is issued; he noted that there are four subdivisions in the County in which passive radon mitigation systems are required as a condition of approval, and they also require testing. Mr. White stated that clarification is needed in the Planning Department to decide whether or not there are some situations where the testing requirement might be waived; he noted that the opinion of the Planning and Health Departments is that testing is needed, as they think the property owners should be informed of the radon levels. Mr. White stated that Mr. Miller prefers to have the authority to waive those testing requirements under some situations.

Mr. Miller provided additional background in regards to this issue and noted they are addressing the issue primarily from an educational point of view; he noted that his intention when he started working with this issue about 1 and 1/2 years ago was never to waive the test. However, in the spring of 1995, they started discussing this with the Planning Department and they came up with an alternative process which went out in their newsletter which stated in part "...If you install a passive system that requires testing for the final inspection, we will waive the testing requirement if the system appears to be an effective installation. We also need a written statement from you advising that the installed system will be tested within one month of the Certificate of Occupancy..." Mr. Miller stated that a few months ago, concerns were raised in the Planning Department that this process is not following the intent of the subdivision requirements and this whole issue and discussion began. Mr. Miller stated that he thinks the community feels this is a reasonable process and he recommended giving the builders an incentive for them to put in a mitigation system. Mr. Miller recommended consideration of not requiring testing at all and that all new construction homes which install a passive radon mitigation system, that is inspected by the building department, will not require a test prior to issuance of a Certificate of Occupancy and require that the contractor disclose to the homeowner that the property should be tested within one month. Questions from the Board followed. Mr. Ryan acknowledged that testing really is necessary to know what radon levels are inside a house; he noted that the passive systems are not effective in removing radon but that active systems are incredibly efficient in removing radon. Mr. Ryan stated that from the Health Department's perspective, a passive system does not offer protection from radon and doesn't offer knowledge about what the radon levels are inside the house--the only thing that offers knowledge about the levels is testing. Chair Clarke stated that if the County is successful in getting the builders to install the passive system that can be easily upgraded to an active system, he can see why Mr. Miller is trying to get this done and he supports the idea. Commissioner Duvall stated that the question still remains if the homeowner will have the health information they need whether or not they have dangerous levels of radon in their home. After much discussion, the Board concurred they needed more information before making a decision on this matter and they recommended that Mr. Miller, Mr. Ryan, Mr. White, and Ms. Haag meet to develop a plan to bring back to the Board which includes procedures to follow to ensure that the testing was performed within one month and assurance that the closing documents will include information for the ultimate owner about the passive radon system.

The meeting adjourned at 5:20 p.m.

TUESDAY, JUNE 18, 1996

MEETING TO DISCUSS HEALTH AND HUMAN SERVICES RESTRUCTURING.

(#48)

The Board of County Commissioners met at 2:30 p.m. in regular session with Doug Keasling, Director of Social Services. Chair Clarke presided; Commissioner Duvall was present. Also present were: Ginny Riley, Executive Director of Human Development; Keith Olson, Executive Director of Mental Health; and Neil Gluckman, Assistant County Manager. Recording Clerk, A. Jensen.

Mr. Keasling stated the purpose of today's meeting was to submit the Health and Human Services bylaws governing the Implementation Team for the Commissioners to consider. Mr. Keasling proceeded with a detailed review of the bylaws as presented and requested that the Commissioners approve these bylaws by September 1, 1996 in order to have the committee in place. Discussion ensued regarding the membership mix, the Committee's goals with respect to balance between consumers and providers, and incentives to recruit members to serve on the Implementation Team. Ms. Riley emphasized that it will take numerous people to make this Team work. The Commissioners offered suggestions as to the bylaws to achieve the stated objectives. Much discussion ensued regarding the membership of this Team.

M O T I O N

Commissioner Duvall moved that the Board accept the bylaws with the amended language, with consideration of incentives to recruit consumer team members.

Motion carried 2 - 0.

The meeting adjourned at 3:10 p.m.

WEDNESDAY, JUNE 19, 1996

ADMINISTRATIVE MATTERS

(#49 & #55)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present were: Gayle Morgan, Staff Services Manager; Russ Legg, Interim Planning Director; Carol Block, Finance Director; Donna Hart, Community Information Manager; Rob Helmick, Planner II; Terri Bryant, Chief Accountant; and Joan Duchene, Office Supervisor. Recording Clerk, A. Jensen.

1. PUBLIC COMMENT: Mr. Jan Hollingsworth came before the Board to request a reconsideration for the White Buffalo's liquor license. Chair Clarke stated that they have received a letter from the White Buffalo's attorney requesting a reconsideration and are in the process of responding to that letter. Mr. Hollingsworth emphasized that the management of the White Buffalo is willing to do what it takes to resolve the conflict between the establishment and the neighborhood.

At this time, Commissioner Duvall joined the meeting.

Discussion followed.

2. REQUEST FOR ADDITIONAL FUNDING FOR CAPITAL AT THE DETENTION FACILITY: Mr. Lancaster requested Board approval of additional funding for capital at the detention facility for extra beds. Mr. Lancaster stated that the inmate population is at an all time high.

M O T I O N

Commissioner Duvall moved that the Board approve the expenditure of $13,522.00 for capital needs at the detention center for increased inmate populations, to come from 1995 carryover funds.

Motion carried 2 - 0.

3. APPOINTMENT TO LARIMER EMERGENCY TELEPHONE AUTHORITY: Mr. Lancaster requested Board approval for the appointment of Mary Moore to the Larimer Emergency Telephone Authority.

M O T I O N

Commissioner Duvall moved that the Board appoint Mary Moore, Communications Manager for the City of Loveland Police Department, to represent the City of Loveland on the Larimer Emergency Telephone Authority.

Motion carried 2 - 0.

4. INCREASE HOURS FOR VICTIM WITNESS DIRECTOR: Mr. Lancaster requested Board approval to increase the hours for the District Attorney's Victim's Witness Director.

M O T I O N

Commissioner Duvall moved that the Board approve an increase in hours for the District Attorney's Victim's Witness Director from 22 to 24 hours per week, effective June 1, 1996, as requested by the District Attorney.

Motion carried 2 - 0.

5. WORKSESSION:

-- Items for Policy Worksession: Mr. Lancaster submitted a list of suggested topics for the meeting with the City Council; update on PLUS and City Plan, discussion of TDR's, update on the Courthouse project, and Juvenile Holding Facility. Commissioner Duvall suggested that the Fossil Creek proposal be included on the agenda. Mr. Lancaster stated he will request input from Commissioner Disney at a later time.

-- Request from LOWV: Mr. Lancaster stated this is a request from the League of Women Voters to waive the fees for the McMillen Building on the County Fairgrounds, where they will hold their Thirteenth Old-Fashioned Political Rally. Mr. Lancaster also noted this has been done in the past and is a non-partisan, volunteer sponsored event.

M O T I O N

Commissioner Duvall moved that the Board waive the rental fees for the McMillen Building at the Larimer County Fairgrounds for October 14th, for the League of Women Voters Thirteenth Old-Fashioned Political Rally in support of American politics in action.

Motion carried 2 - 0.

-- Items for Policy Worksession: Mr. Lancaster reviewed the agenda items listed for tomorrow's policy worksession. A brief discussion ensued. Commissioner Duvall requested that Mr. Lancaster add discussion of a water commission to the agenda. The agenda also includes discussion of fairness principles for PLUS and talking to consultants.

6. RIVER OAKS CONTRACT DISCUSSION: Mr. Legg requested that the Board approve the amendment to the River Oaks Consulting Contract, explaining that this would re-authorize the contract to obtain purchase orders to pay bills relative to this contract. Upon reviewing the information submitted by Mr. Legg, the Commissioners requested Mr. Legg to clarify amounts listed in the amendment to the contract and to return to the Board for approval.

At this time, Commissioner Disney joined the meeting.

7. 35 ACRE TASK FORCE RESOLUTION: Mr. Legg began the discussion by detailing the request before the Board and submitting a memo and resolution concerning this topic. Discussion followed regarding monetary support for secretarial work, language in the resolution as submitted, membership on this task force, and which projects will be considered by the committee and sub-committees. The Commissioners made numerous suggestions to Mr. Legg regarding the language in the resolution. Mr. Legg will make the recommended changes and return the document to the Commissioners tomorrow morning prior to Policy Worksession for review and approval.

8. ANNUAL AUDIT: Mr. Barnes, and Mr. Spillman, of Hunt, Spillman and Associates, as well as Ms. Block, and Ms. Bryant, came before the Board to present the 1995 Annual Audit. Mr. Spillman briefly explained the statutory requirements for the audit, as well as state that the financial statements in the audit report depict a clear picture of the financial health of Larimer County. Mr. Spillman also thanked the finance office for their cooperation. Mr. Barnes highlighted aspects of the audit for the Commissioners and offered to answer any questions the Commissioners may have now or in the future. Mr. Barnes also stated that there were no non-compliance issues, further discussing specific areas of the audit. A management letter was also submitted by Mr. Barnes addressing potential problems. It was noted duplicate payments to vendors had not occurred during 1995. Discussion ensued regarding the FMS project and the team members.

M O T I O N

Commissioner Disney moved that the Board accept the 1995 annual financial reports and management letter from the County auditors.

Motion carried 3 - 0.

9. JUDGE GANDY'S REQUEST TO USE THE COMMISSIONERS' HEARING ROOM: Mr. Lancaster briefly explained the reason for this request. Ms. Hart demonstrated the usage of the Hearing room for the last four months. Discussion ensued. CONSENSUS OF THE BOARD was to keep the Hearing Room solely for County business.

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of June 10, 1996, as submitted and amended.

Motion carried 3 - 0.

The Commissioners stated, in the interest of time, they will review the pending invitations with Ms. Hart at a later time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Agenda for the week of June 24, 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 on Document Review for June 19, 1996.

MISCELLANEOUS DOCUMENTS: Floyd Hale Amended Exemption; Saulcy Minor Residential Development - Amended Plat; Warrant Register for Social Services May 1996; and Signature page - State of Colorado Governor's Job Training Office Economic Dislocation and Worker Adjustment Assistance Substate Area Grantee Plan. LIQUOR LICENSES: County approval was granted to Custom Cakes and Catering, Inc., - 6% - Wellington, CO., Gateway Liquor, Inc., - 6% - Loveland, CO., Red Feather Super Market, - 3.2% - Red Feather Lakes, CO., Wind River Ranch - 6% - Estes Park, CO., a Waive of Hearing for a Special Events License for the Fort Collins Sertoma Club - 3.2% Special Event Permit - Fort Collins, CO., and a Waive of Hearing for a Special Events License for the Citizens for Recognition of Private Property Rights - 3.2% Special Event Permit - Loveland, CO. Licenses were issued to: Vajradhatu - 6% - 5 Special Events Licenses, and Glen Haven Volunteer Fire Department - 6% Special Events License - Glen Haven, CO.

A96-85 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GRIMSHAW & HARRING, P.C. (Legal services for Bond Counsel and Disclosure Counsel relating to the Formation and Financing of Local Improvement Districts).

A96-86 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOIS TERMEER (Day Report Center - 210 South Mason Street).

C96-32 CONTRACT BETWEEN LARIMER COUNTY AND THE STATE, DEPARTMENT OF CORRECTIONS (Intensive Supervision Program Services to Parolees).

C96-33 CONTRACT BETWEEN LARIMER COUNTY AND THE STATE, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE (Provision of Contract Amendment regarding Juvenile Diversion).

R96-90z FINDINGS AND RESOLUTION MODIFYING CONDITIONS OF APPROVAL OF THE MAYO WELDING SPECIAL REVIEW.

R96-91s FINDINGS AND RESOLUTION GRANTING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF BOXELDER CREEK ACRES SUBDIVISION.

R96-92z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF NORTH POUDRE RESERVOIR #6.

R96-93s RESOLUTION REGARDING RELEASE OF RESTRICTION ON SALE OF LOTS FOR THE FRY MRD #94-EX0588.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 10:45 a.m. to discuss a legal matter

Motion carried 3 - 0.

The Executive Session ended at 11:30 a.m.; no action taken.

ABATEMENT HEARING

FOR EDMUND & LORRAINE WASZKIEWICZ

(#56)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session for an Abatement Hearing to consider a petition for abatement or refund of taxes. Chair Clarke presided and Commissioner Disney was present. Also present was Carla Woodard-Cowling, Senior Appraiser. Recording Clerk, A. Jensen.

Ms. Woodard-Cowling began the meeting by submitting and reviewing the Assessor's packet. Ms. Cowling further stated that the Assessor's office is recommending approval of the 1994 petition for abatement and refund of taxes, and is recommending denial of the 1995 petition for abatement and refund for taxes, with references to state statute as to why the Assessor's office must recommend denial for the 1995 petition for abatement. At this time, Mr. Edmund Waszkiewicz addressed the Board, stating he is seeking a fair and equitable value for his property for 1994 and 1995. Discussion ensued.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the Assessor's recommendation for petition for abatement for 1994 and not accept the Assessor's recommendation for denial of the 1995 petition for abatement, thereby approving the petition for abatement for 1994 and 1995 and grant a refund of taxes for 1994 and 1995, as well as assign an assessed value of $170.00 for Parcel No. 20070-00-023.

Motion carried 2 - 0.

The meeting adjourned at 2:45 p.m.

ABATEMENT HEARING FOR

BEVERLY LANE

(#56)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session for an Abatement Hearing to consider a petition for abatement or refund of taxes. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present was Carla Woodard-Cowling, Senior Appraiser. Recording Clerk, A. Jensen.

Ms. Woodard-Cowling submitted and reviewed the Assessor's packet for Parcel No. 85183-05-015. It was noted that the petitioner was not present for today's hearing. The meeting continued with Ms. Cowling detailing the information before the Board, as well as state that since Ms. Lane did not exhaust her administrative remedies during 1995, the Assessor's office must recommend denial of this petition for abatement. Ms. Cowling further noted that the value for this property has been adjusted for 1996. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners not accept the Assessor's office recommendation of denial and approve the petition for abatement and allow a refund of taxes for 1995 and assign an assessed value of $41450.00 for Parcel No. 85183-05-015.

Motion carried 3 - 0.

The meeting adjourned at 3:10 p.m.

ABATEMENT HEARING FOR

MONTE A. & JANET E. DAVIS

(#56)

The Board of County Commissioners reconvened at 3:30 p.m. in regular session for an Abatement Hearing to consider a petition for abatement or refund of taxes. Chair Clarke presided and Commissioner Duvall was present. Also present was Carla Woodard-Cowling, Senior Appraiser. Recording Clerk, A. Jensen.

Ms. Woodard-Cowling submitted and reviewed the Assessor's packet for Parcel No. 90200-00-044. Ms. Cowling continued the meeting, quoting Colorado State Statute directing the Assessor's office to deny this petition for abatement. Mr. Davis approached the Board, requesting that the value be adjusted for 1995 and approve the refund of taxes for 1995, also stating the Commissioners have a copy of his appraisal for this particular property. Ms. Cowling also noted the value for this parcel has been reduced for 1996.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners not accept the Assessor's recommendation for denial and approve the petition for abatement and allow a refund of taxes for 1995, as well as adjust the assessed value to $6310.00 for Parcel No. 90200-00-044.

Motion carried 2 - 0.

The meeting adjourned at 3:40 p.m.

ABATEMENT HEARING FOR

JOSEPH & NANCY ECCHER

(#56)

The Board of County Commissioners reconvened at 4:00 p.m. in regular session for an Abatement Hearing to consider a petition for abatement or refund of taxes. Chair Clarke presided and Commissioner Disney was present. Also present was Carla Woodard-Cowling, Senior Appraiser. Recording Clerk, A. Jensen.

Ms. Woodard-Cowling submitted and reviewed the Assessor's packet for Parcel No. 98260-00-007. Ms. Cowling continued the meeting, quoting Colorado State Statute directing the Assessor's office to deny this petition for abatement. Mr. Eccher approached the Board to support his request for a reduction in his 1995 assessed value for the above mentioned parcel. A brief discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners do not accept the Assessor's office recommendation for denial and approve this petition for abatement and refund taxes for 1995, as well as adjust the assessed value to $6630.00 for Parcel No. 98260-00-007.

Motion carried 2 - 0.

Meeting adjourned at 4:15 p.m.

THURSDAY, JUNE 20, 1996

POLICY WORKSESSION

(#57)

The Board of County Commissioners met in regular session at 9:30 a.m. with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Recording Clerk, A. Jensen.

Mr. Lancaster presented the revised Resolution Amending the Assigned Task of the 35 Acre Task Force, including the recommended changes made during Administrative Matters, June 19, 1996. The Commissioners reviewed the amended resolution. The Commissioners expressed their suggestions for further revisions to Mr. Lancaster. Much discussion ensued regarding those changes.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the Resolution as submitted, with the recommended changes.

Discussion followed; Commissioner Duvall suggested additional changes.

AMENDMENT TO THE MOTION

Commissioner Disney moved that the Board of County Commissioners accept the Resolution as submitted, with the recommended changes, as well as Commissioner Duvall's recommendations.

Motion carried 3 - 0.

R96-94g RESOLUTION AMENDING THE ASSIGNED TASK OF THE 35 ACRE TASK FORCE.

Mr. Lancaster presented a Bike to Work Week program developed by the Human Resources Department. The purpose of this program is to encourage and promote the use of alternative transportation to employees and assist other local business in doing the same for their employees. Mr. Lancaster highlighted the three options before the Board, requesting approval of one of the options listed, as well as note that Bike to Work Day is June 26, 1996.

M O T I O N

Commissioner Duvall moved that the Board support this program and approve option 'A', as listed in the Bike to Work Week proposal from the Human Resources Department, with $550.00 to be derived from the Commissioner's special projects fund.

Motion carried 3 - 0.

The meeting adjourned at 10:00 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

____________________________________

Sherry E. Graves, Deputy County Clerk

_____________________________________

Aimee Jensen, Deputy County Clerk