PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 28, 1996

LAND-USE PLANNING MEETING

(#106 & #107)

The Board of County Commissioners met at 4:30 p.m. in regular session with Planning Director Larry Timm. Chair Clarke presided and Commissioner Disney was present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans and Richael Michels, Planners II; John Pedas, Zoning Code Enforcement Officer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Before the hearing commenced, Chair Clarke called for a moment of silence and requested everyone to stand in honor of Elaine W. Spencer, an employee in the Larimer County Engineering Department for 18 years, whose funeral was held today at 2 p.m.

Chair Clarke stated that a request has been received to table the Miller-Boyd Subdivision, Lots 13-16 Block 2, Amended Plat (#96-SA0944) until November 25, 1996.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Miller-Boyd Subdivision, Lots 13-16 Block 2, Amended Plat (#96-SA0944) until November 25, 1996, as requested.

Motion carried 2 - 0.

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. Ms. Evans informed the Board that the Summit Enterprises Minor Residential Development item has also been moved to the consent agenda, with one change to condition #3.

1. RANGE VIEW SUBDIVISION, LOTS 15-17, AMENDED PLAT

(#96-SA0957): 26-05-73 - NORTH OF HIGHWAY 36, WEST OF

ESTES PARK OFF OF ELM ROAD; 4.11 ACRES; T-TOURIST ZONING

This is a request to reconfigure three existing lots resulting in two building sites. Staff findings include: 1) Range View Subdivision was approved in 1963; 2) The owners of two lots wish to make their lots larger by adding half of the adjacent lot; three existing lots become two building sites; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 15, 16 and 17, Range View Subdivision.

2. CREEKSIDE AT PTARMIGAN AMENDED PLAT (#96-SA0955):

14-06-68 - SOUTH OF HIGHWAY 392, WEST OF COUNTY ROAD 3;

5.58 ACRES; E-1 ESTATE ZONING

This is a request to reconfigure 32 existing lots into 25 building sites and to realign part of the open space. Staff findings are: 1) Ptarmigan Third Filing was approved in 1994; 2) The Third Filing included 32 lots in groups of four which were intended for patio homes; the infrastructure was installed to accommodate this type of development; 3) This request is to reconfigure the 32 lots into 25 lots for detached, walkout single family dwellings. The County Health and Engineering Departments, and all utilities serving this area, have reviewed the revised utility and drainage plans and stated no objections. The staff recommendation is for approval of the Amended Plat of Block 5 and a portion of Golf Course "B", Ptarmigan Third Subdivision.

3. MALCHOW AMENDED MINOR RESIDENTIAL DEVELOPMENT

(#96-EX0937): 27-04-69 - SOUTHWEST CORNER OF COUNTY ROAD 6

AND HIGHWAY 287, SOUTHWEST OF BERTHOUD; 156.31 ACRES;

2 LOTS; FA-1 FARMING ZONING

This is a request to reconfigure two existing MRD lots. Staff recommendation is for approval of the Amended Plat of Lots 1 and 2 of the Malchow Minor Residential Development.

4. U.S. WEST HARMONY CELL SITE SPECIAL REVIEW (#96-ZR0868):

NW 1/4 03-06-68 - SOUTHWEST CORNER OF INTERSTATE 25 AND

STATE HIGHWAY 68 (HARMONY ROAD), EAST OF THE EXISTING

TEXACO STATION AND NORTH OF THE EXISTING CONNELL

RESOURCES GRAVEL PIT; .08 ACRE LEASEHOLD; FA-1 FARMING

This is a request for Special Review to allow a Cellular Telephone antenna that is 80' tall. Staff findings include: 1) This proposal complies with the intent and purpose of the Comprehensive Zoning Resolution; 2) This proposal is harmonious with the surrounding neighborhood and will not negatively impact property values; 3) This proposal will not impair the public health, welfare, etc. with undesirable sanitary conditions or adverse environmental impacts; 4) This proposal will provide better cellular telephone service, and thereby, better access to emergency communications, to the citizens of Larimer County.

The Urban Growth Area Review Board/Staff recommendation is for approval of the U.S. West Harmony Cell Site Special Review, with the following conditions: 1) The equipment building shall be painted a light tan color; 2) Any fencing used on the site shall be solid wood; 3) A landscaping plan, prepared in conformance with the Landscape Guidelines and similar to the landscaping and burming that the City of Fort Collins has done at their sub stations located on Drake Road, and Prospect/Timberline, which provides year-round screening on the north and east sides of the facility, must be submitted to and approved by the Planning Department prior to beginning construction on the site; 4) Landscaping and fencing must be installed within 60 days of the completion of the antenna and building or a Subdivision Improvements Agreement with collateral must be provided; 5) A letter from an engineer or from the Fire Department shall be submitted to the Planning Department, prior to construction on the site, which states that the access road meets the requirements of the Fire Department; 6) The applicants must sign an agreement with Larimer County which provides for removal of the structure if it is no longer being used or if technology makes these kinds of towers obsolete. Further, the agreement should indicate the applicants' willingness to allow other similar users to co-locate on this facilities if it would not impair the structural integrity of the antenna or the signals at this location.

5. SUMMIT ENTERPRISES MINOR RESIDENTIAL DEVELOPMENT

(#95-EX0689): NW 02-07-69 - SW CORNER OF CR 17 (SHIELDS)

AND CR 50 (WILLOX); 45.5 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to divide a 45.5 acre parcel with one existing residence into two lots of 10 and 35 acres for single family residential use. Staff findings include: 1) The proposed Summit Enterprises is in compliance with the Larimer County Subdivision Resolution, Comprehensive Zoning Resolution, and the Comprehensive Land Use Plan; 2) Approval of the proposed Summit Enterprises MRD, with certain conditions, should not result in any significant negative impacts on the natural environment and resources, adjacent properties, transportation or provision of services.

The staff recommendation is for approval of the Summit Enterprises MRD, with the following conditions: 1) Additional right-of-way for County Roads 17 and 50 to provide a half right-of-way of 34 feet along the frontages of this property shall be dedicated on the Final Plat; 2) Access for Lot 2 to Shields Street shall be approved with the restriction that

use of the access is limited to one residence only. No expansion of the access to encompass any other use or lot shall be permitted; use is strictly limited to residential use for one residence on Lot 2. An access permit shall be required at the time the driveway is constructed; 3) Emergency access improvements which satisfy the requirements of Larimer County and Poudre Fire Authority shall be made to Wood Lane (which provides access to the existing improvements on Lot 1 and access to the eastern boundary of Lot 2). Minimum requirements are for the access roadway to be constructed with an all-weather surface that is 20 feet in width. A turnaround for emergency vehicles must be provided. Plans for emergency access improvements must be approved by Larimer County Engineering and Poudre Fire Authority prior to recording the Final Plat. All emergency access improvements shall be completed and approved prior to recording the Final Plat or the applicant shall submit a Subdivision Improvements Agreement and acceptable collateral to ensure the improvements; 4) An erosion control plan and drainage report shall be required and must be approved by County Engineering prior to Final Plat recording. The Final Plat shall show and label all floodplain areas as non-buildable; 5) Street waiver fees for the Fort Collins Urban Growth Area shall be paid at building permit issuance for the new dwelling on Lot 2; the current fee is $700 and this requirement shall be noted on the Final Plat; 6) A road maintenance agreement regarding the maintenance of Wood Lane shall be submitted which details responsibility for maintenance of that access road; this agreement shall be recorded with the Final Plat; 7) The Final Plat shall note the requirement for engineered septic systems for these lots. The Plat shall also note that all lot owners are obligated to hook up to sanitary sewer when it is available and to join any special improvement district which may form for the purpose of providing sanitary sewer; 8) The easement for the Larimer and Weld Canal must be shown on the Final Plat. The Plat shall note that no fences or gates are allowed across the ditch company right-of-way and that use of the ditch company maintenance road is not allowed. The Plat shall also note that there is potential for seepage from the ditch. Lot owners do not have rights to access or use the irrigation ditch for any purpose; no dumping is allowed into the ditch. This information shall also be noted on the Final Plat; 9) A 15' wide utility easement adjacent to North Shields and along the eastern property lines of Lots 1 and 2 shall be provided on the Final Plat. The Final Plat shall show all easements and rights-of-way of record and must provide easements as requested by utility providers; 10) In addition to items noted above, the following notes shall be included on the Final Plat: a) Payment of park fees for the Fort Collins UGA will be required at building permit issuance for new single family dwellings on these lots; b) The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; c) Engineered footing and foundation plans shall be required for all construction on these lots; d) Payment of school fees is required at time of building permit issuance for new dwellings; e) Property owners should be aware that wildlife such as deer, raccoons and skunks use this area and there may be interactions with wildlife; 11) Payment of all recording fees for the Final Plat and any required documents are also the responsibility of the applicant; 12) All conditions of approval must be completed and the Final Plat recorded by April 28, 1998 or this approval is null and void.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendations and approve the Range View Subdivision Lots 15-17 Amended Plat (#96-SA0957); Creekside at Ptarmigan Amended Plat (#96-SA0955); Malchow Amended Minor Residential Development (#96-EX0937); U.S. West Harmony Cell Site Special Review (#96-ZR0868); and the Summit Enterprises Minor Residential Development (#956-EX0689); each, with the conditions as outlined and amended.

Motion carried 2 - 0.

6. GALLENSTEIN PLANNED UNIT DEVELOPMENT APPEAL

(#96-MS0954): SW 1/4 34-08-69 - 1200' WEST OF NORTH TAFT

HILL (COUNTY ROAD 19), 2/3 MILES SOUTH OF COUNTY ROAD 54G;

35.5 ACRES; O-OPEN ZONING

This is a request to appeal the PUD regulation restriction which does not allow PUD's in the O-Open Zoning District. Ms. Michels provided the area analysis, described the project, and reviewed the major issues and concerns; she noted that staff has counseled the applicants that this proposal may not be an appropriate land use in this location and they have been advised to seek approval of a variance from the regulations to allow an industrial PUD in Open zoning before proceeding with the costs and time for review, without knowing if the PUD concept itself was acceptable. Staff findings are: 1) The property is located in a 100-year floodplain and is not served by sanitary sewer. Both conditions, when combined with industrial uses, increase the risk of ground and surface water contamination; 2) Industrial uses and industrial PUDs in this location are not in conformity with the Comprehensive Plan and the Zoning Resolution; 3) Staff is not likely to support the proposal regardless of the review process utilized; 4) Approval of this appeal could incorrectly indicate to the applicant that the Board of County Commissioners will approve the resulting PUD application. The staff recommendation is for denial of the Gallenstein Planned Unit Development Appeal.

Applicant Jim Gallenstein discussed the issues of the 100-year flood plain and the comprehensive plan with the Board; with regard to the 100-year flood plain, he noted that the property will be elevated above the flood plain by using 60,000 yards of fill. With regard to the comprehensive plan issue, the uses they are proposing, besides the multiple use, are in the open zone, and all around is FA & FA-1 zoning, with Western Mobile on three sides with industrial use. Mr. Gallenstein noted that there is a long access into the property, which has just been reworked; and he noted that the sanitary sewer is not a problem in the high-water situation because the leach field could be lined. With regard to the concern regarding setting a precedent, Mr. Gallenstein noted that the area all around is used for the use that he is requesting, and he informed the Board that in 1994 their property was re-assessed as all commercial and yet only 5 acres was commercial and 30 acres were in farm use).

Questions from the Board and discussion followed; Commissioner Disney asked Mr. Ryan about the lined leach field. Mr. Ryan responded that this location is in the floodplain with very poor soils, next to the Poudre River, and is a location that will need extraordinary care in planning the type of businesses that Mr. Gallenstein wants to expand onto the property; however, he stated that the evaporative-type leach field would be an appropriate type of design, in an area where no public sewer exists, to protect the groundwater table. Discussion followed regarding adding the fill to raise the ground level above the 100-year flood plain, and what affect this would have on neighboring properties and surrounding uses.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Gallenstein Planned Unit Development Appeal (#96-MS0954), as approval of the request may constitute spot zoning which is incompatible with the long-term surrounding land uses.

Motion carried 2 - 0.

7. HOWARD MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#96-EX0950): SE 01-05-70 - WEST SIDE OF COUNTY ROAD 25,

NORTH OF COUNTY ROAD 24, WEST SIDE OF BUCKHORN CREEK;

26 ACRES; 4 LOTS; FA-1 FARMING ZONING

This is a request for an appeal to allow submittal of a MRD for property located in Range 70, for property that has previously been divided by exemption and for creation of 4 residential lots and 1 open space lot, rather than the 2 lots allowed by the MRD process. Ms. Evans described the request and location of the property; she reminded the Board that appeals of the MRD criteria are reviewed in light of the extent to which the criteria are not met, and whether there is a unique situation with the subject property or a public benefit that would justify waiver of the regulations. Ms. Evans noted that staff's greatest concern is the request to create more than two lots by this process. The staff findings include: 1) The subject property for the Howard MRD Appeal does not comply with three of seven criteria for Minor Residential Developments contained in the Subdivision Resolution; the property is located in Range 70, outside the area where exemption applications are allowed. The property has been previously divided by exemption and the developer is proposing creation of 4 residential use lots and 1 open space lot by exemption, rather than the 2 total lots permitted through the MRD process; 2) Preservation of open space can be a public benefit. Natural development constraints on this site would appear to keep at least some portion of the site open from development. Because of the natural features and constraints, provision of open space would be expected as part of a subdivision or PUD proposal on this site; 3) A proposal to create 4 residential use lots, 1 common open space lot, a common private access, and a homeowner's association to maintain common features is by definition a subdivision or PUD proposal; 4) Review of development of this site with the constraints present and the density proposed is more appropriate through the full review process and evaluation by the Larimer County Planning Commission. The staff recommendation is for denial of the Howard MRD Appeal. Ms. Evans submitted an aerial photo of the area, taken in 1987.

Ken Merritt, of Landmark Engineering representing the applicant, submitted a large map of the subject property and noted that this is an unusual request; he stated that the primary issue is that this request is not a significant change from the existing character of the neighborhood and the map shows that the parcelization being requested is compatible with the surrounding area.

Discussion and questions from the Board of the applicant and staff followed. Chair Clarke asked what does the County gain by requiring the applicant to go through the full subdivision process; Ms. Evans responded that there are some advantages to be gained and staff feels that the Planning Commission should review the proposal, and she noted that approving a 5-lot MRD will set a precedent. Commissioner Disney stated that even though this proposal seems to be compatible with the lot sizes and the surrounding land uses, he is concerned about the precedent it sets.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Howard Minor Residential Development Appeal (#96-EX0950).

Motion carried 2 - 0.

8. LUNA BUILDING/JUNKYARD ZONING VIOLATION (#96-ZV0924):

438 N. HOLLYWOOD, LOT 15, BLOCK 1, ROSTEK 2ND

This alleged violation is for converting a small storage shed into a dwelling without a permit, storing inoperable vehicles, mobile homes, junk, and other debris in the FA-Farming Zoning District. Mr. Pedas provided the background information, reviewed the major issues and concerns, and submitted photos and visual exhibits of the site. Staff findings are: 1) The subject property is zoned FA-Farming District; 2) The FA-Farming District does not permit junk yards; 3) Only one single family dwelling is permitted on each lot; 4) A second dwelling was built on the property without a building permit; 5) Continued use of the property, inconsistent with zoning, will significantly affect property values in the neighborhood. The staff recommendation is to find that violations exist, require compliance within 90 days, and authorize legal action if the deadline is not met.

Discussion and questions from the Board followed; Commissioner Disney requested clarification concerning whether or not the building has to be torn down if the Board finds that the second dwelling on the property was built without a permit and found to be in violation. Mr. Pedas responded that the building could be transformed into some type of accessory use, such as a storage building, but it cannot be used as a second dwelling.

Elijio Luna, property owner, presented a survey dated 1979 showing the distance of the building from the street and he noted that in the 1960's there was a trailer house on this site and he used those hookups for the building; he informed the Board that both mobile homes on the property are not being lived in and are being used for storage. Shirley Pope Mitchell, adjacent property owner, addressed the Board and stated that last June they applied for a variance for a second dwelling on their property and were denied; she noted that when violations are allowed to occur on adjacent properties, it is not fair because they followed the law and did things correctly and yet were denied - the laws should be the same for everyone. Discussion followed and it was noted that in this case, even if the second dwelling unit is converted to an accessory use, it will require a permit.

M O T I O N

Commissioner Disney moved that, in the matter of the Luna Building/Junkyard Violation, the Board of County Commissioners finds that violations exist, require compliance within 90 days, and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

At this time, Commissioner Duvall joined the meeting.

9. VICK BUILDING/SETBACK ZONING VIOLATION (#96-ZV0923):

PT. LOT 13, BLOCK 1, ROSTEK 2ND, 420 N. HOLLYWOOD

This alleged violation is for building a storage building (14' x 20' est.) without first obtaining a building permit, locating the building 2 feet from the side lot line (minimum building setback is 5 feet). Mr. Pedas provided the background information regarding the violation, reviewed the major issues and concerns, and submitted photos of the subject property; he noted that this property is once removed from the previous property in violation. Staff findings include: 1) The subject property is zoned FA-Farming; 2) Minimum side yard setback in FA-Farming is 5 feet; 3) The storage building on the property was constructed without a building permit and does not meet minimum setback requirements. The staff recommendation is to find that a violation exists, require compliance, and authorize legal action if the compliance deadline is not met.

Property owner Jean Vick addressed the Board and noted that this is just a little storage shed which she thinks her deceased husband built, and she would like to keep the building.

Chair Clarke stated that it appears there are two violations - the setback and no building permit for the building; Mr. Pedas stated Ms. Vick could obtain a building permit only if she moved the building back and got a variance. Commissioner Duvall stated that she thinks this is government nit-picking and she cannot support this type of regulation. Ms. Haag stated that the evidence is clear that Ms. Vick is in violation of the zoning resolution and she can bring herself into compliance by getting a building permit and going through the Board of Adjustment; she continued that if Ms. Vick doesn't do either of those things, she will continue to be in violation and the next step would be for the County to decide if they wish to file suit or not and, if not, the Board can just declare that it is a violation. Much discussion followed.

M O T I O N

Commissioner Disney moved that, in the matter of the Vick Building/Setback Violation, the Board of County Commissioners finds that a violation exists.

Motion carried 2 - 1; Commissioner Duvall dissenting.

10. ADVANCED PLUMBING AND HEATING - LADD ZONING VIOLATION

(#96-ZV0861): 25-06-69 AT 6100 MOSSYCUP COURT IN LOVELAND

This alleged violation is for operating a plumbing and heating business in the FA-Farming Zoning District. Mr. Pedas provided the background information, described the location, submitted photos of the subject property, and reviewed the major issues and concerns; he noted that many complaints have been received regarding all the truck traffic going in and out of the property and the only access to this property is through the internal subdivision streets of Horseshoe View Estates. Staff findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zone does not permit plumbing and heating operations; 3) The use of the property for a plumbing and heating business impairs the public health and safety by creating undesirable traffic; 4) Continued use of the property, inconsistent with the zoning restrictions, will significantly affect property values in the neighborhood; 5) The property owner has had ample opportunity to relocate the business; 6) The property owner was aware of the zoning and limitations on commercial uses on the subject property. The staff recommendation is to find that a violation exists, require compliance within 60 days, and authorize legal action if the compliance deadline is not met.

Bill Wawro, attorney for the property owners, informed the Board that in May of this year when Mr. Pedas first contacted the Ladds, they were aggressively seeking a new location for their plumbing and heating business and just this past week, they signed a contract to purchase three condominium units in a building that has yet to be built. Mr. Wawro reviewed the history of this business, noting it started in March 1993 and, at that time, Mr. Ladd was the sole employee; in November 1995, Mr. Ladd was first contacted by the neighbors with their complaints and since that time he has tried to take appropriate steps to mitigate their concerns. In addition to building a six-foot privacy fence between his property and the adjoining landowners, Mr. Ladd has leased three 26-ft. trailers for supplies and materials, which he has placed on various job sites to reduce the number of trips to the business. Mr. Wawro stated that Mr. Ladd's business has grown beyond his wildest expectations in a very short time and he now has a total of 26 employees. Since the new building the Ladds have contracted for will not be built until March 1997, Mr. Wawro asked the Board to allow the Ladds a grace period to continue their business at their present location until April 1, 1997; he reiterated that the Ladds have aggressively pursued an alternative site. As requested by the Board, Mr. Wawro submitted the contract just signed by the Ladds for the new building site and he submitted a background synopsis with respect to the subject property listing a sequence of events from the time the property was purchased until the present.

Questions and discussion from the Board followed. Commissioner Duvall asked if there are other options for the Ladds to consider and if there is another access point other than through the subdivision; Mr. Ladd stated that there really are no other options and there is no other access. Commissioner Disney asked if a unit could be rented for the office and storage of the vehicles; Mr. Ladd stated that they looked into this and it is quite expensive, and they cannot set up on site. Ms. Ladd stated that Mr. Ladd became ill at the same time the neighbors became unhappy; she noted that they always intended to move when their business became larger, and they have aggressively been looking for another location, and just yesterday they rented another job-site trailer. In response to questions about financing, Ms. Ladd stated that financing for the new building has been approved.

Kathy Kuhlman, adjacent property owner, addressed the Board and submitted colored pictures taken recently of the subject property, a letter from a neighbor who could not attend this hearing, and other documents; she read aloud the letter from Ron Krieger. Ms. Kuhlman described the pictures and noted that they purchased their home in May 1991 because it was in a cul-de-sac and the neighborhood was so peaceful and quiet--there was no business of any kind at that time. Ms. Kuhlman reviewed the sequence of events leading to this violation and stated that this violation has been going on for almost a year and this use is not allowed by right or special review. She noted that the access to this business is a dirt (gravel) road and she described the damage to the roads; she also voiced objection to the fence blocking their view of the mountains, the high-powered light on his building, devaluation of their homes, etc. She requested that the Board not allow an extension, variance, or exception for this business to continue at this location, and to recognize the harm being done to their neighborhood. Ms. Kuhlman asked why more neighbors weren't notified about this hearing; Commissioner Duvall stated that this Board had no part and were not consulted whether or not to send out notices and she asked Ms. Kuhlman what conditions she thinks should be imposed if a grace period is granted. Ms. Kuhlman reviewed a list of conditions she thinks should be imposed; such as, hours of operation, cessation of delivery of supplies, dirt road graveled within one week, pot holes patched, etc. Sandy Gleich, adjacent property owner, noted she called the Treasurer's Office and learned that residential taxes are being paid on this property, not commercial, and also that the Ladds are not paying any personal property taxes. Melissa Shopnitch submitted a letter to the Board from another neighbor reiterating the same things previously discussed and noted that according to the Reporter Herald, commercial property between 4,000 and 8,000 sq. ft. is available for the Ladds to rent or purchase.

Discussion and questions from the Board followed; Mr. Wawro noted that the Ladds became aware of the violation in November 1995 and as early as August 1995, they were making an attempt to relocate their business.

At this time, the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Disney stated he is inclined to agree with the adjacent property owners and he recommends the Ladds be given 15 days to come into compliance. Chair Clarke stated he is very concerned about the violations and acknowledged that the Ladds started a little business which got out of hand and it is obvious they are violating the zoning laws; he also expressed his disapproval that the Ladds have put the livelihood of the people that work for them at risk by ignoring the zoning violations and operating their business in a patently illegal way and this is a criminal act and a temporary location needs to be found. Commissioner Duvall stated she concurs with her colleagues and she commended the neighborhood for trying to work this out person-to-person before coming to the Board and she appreciates that effort.

M O T I O N

Commissioner Disney moved that, in the matter of the Advanced Plumbing and Heating, James Ladd Violation, the Board of County Commissioners finds that a violation exists, require compliance within 15 days, and authorize legal action if the compliance deadline is not met.

Motion carried 3 - 0.

The hearing adjourned at 6:45 p.m.

WEDNESDAY, OCTOBER 30, 1996

ADMINISTRATIVE MATTERS

(#108)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Russ Legg, Chief Planner; Rob Helmick, Senior Planner; Dave Farmer, Wildfire Mitigation Coordinator; Ralph Jacobs, Director of Human Resources; Patsi Maroney, Compensation & Benefits Specialist; Jean Moore, Representative from Mercer & Co.; Jenene Bourn, Employee Health Insurance Advisory Committee Member; Frank Lancaster, County Manager; and Donna Hart, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today for the open session for public comment.

2. FINAL PLAT FOR WYNDHAM HILL PLANNED UNIT DEVELOPMENT: Mr. Legg requested Board approval of the Final Plat for Wyndham Hill Planned Unit Development, noting that the first phase is completed and ready to be recorded.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for Wyndham Hill Planned Unit Development, and authorize the Chair to sign same.

Motion carried 3 - 0.

3. FINAL PLAT FOR MARY'S LAKE ESTATES SUBDIVISION AND SUBDIVISION IMPROVEMENT AGREEMENT: Mr. Helmick requested Board approval of the Final Plat for Mary's Lake Estates Subdivision and Subdivision Improvement Agreement and noted that all the required conditions have been completed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Subdivision Improvement Agreement and Final Plat for Mary's Lake Estates Subdivision, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A96-137 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND RUDOLF & HILDE

FRANK AND SIEGFRIED & ANNE GOETZ REGARDING

MARY'S LAKE ESTATES

4. LARIMER COUNTY WILDFIRE SAFETY TASK FORCE: Mr. Farmer submitted a list of the proposed membership of the Wildfire Safety Task Force, including the additions requested by the Commissioners, and requested Board approval of same. Commissioner Disney volunteered to serve as the liaison to the Wildfire Safety Task Force; the Board concurred.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the appointments of the persons listed on the proposed membership list to the Larimer County Wildfire Safety Task Force, as recommended by the Wildfire Mitigation Coordinator.

Motion carried 3 - 0.

5. APPROVAL OF OPEN LANDS BOARD BYLAWS: Mr. Gluckman reminded the Board that the request for approval of the Open Lands Board Bylaws is a carryover item from September 11, 1996 and October 23, 1996; he noted there are two sets of recommendations of the Bylaws for the Open Lands Board with the difference being that Alternative A includes alternates on the Board and Alternative B phases out the alternates over the next five years. Commissioner Duvall stated she favors Alternative B because it is currently such a huge board; Commissioner Disney concurred. Chair Clarke supports Alternative A because he thinks the input should be as broad based as possible and, in terms of the long term, Larimer County is going to be acquiring property and this Board will have a role for a long period of time.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt Alternative B for the Bylaws of the Open Lands Advisory Board, which provides for the phasing out of alternates on this Board by June 30, 2000.

Motion carried 2 - 1; Chair Clarke dissenting.

6. EMPLOYEE TRANSFER FROM ROAD AND BRIDGE TO ENGINEERING: Mr. Jacobs stated that the Engineering Department is requesting the Board to waive the Larimer County Personnel Policy pertaining to voluntary demotions in order to facilitate the transfer of employee Dave Betz from the Road and Bridge Department to the Engineering Department as they feel he is the best qualified applicant for the position and they would like to offer him the position with a lateral salary move to Grade 136, Step K. Mr. Jacobs noted that he recommends approval of the request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of the Larimer County Personnel Policy provisions pertaining to voluntary demotions to permit Dave Betz to transfer his position in the Road and Bridge Department to a position in the Engineering Department without a reduction in pay.

Motion carried 3 - 0.

7. WAIVER OF POLICY FOR RE-HIRE IN THE SHERIFF'S DEPARTMENT: Mr. Jacobs noted that a request has been received from the Sheriff's Department for the Board to waive all pre-hiring selection procedures to re-employ Julie Berney, who left their department in August of 1996 in good standing; Ms. Berney had been employed by the Sheriff's Department since 1989 and is extremely well trained and is seeking re-employment. Mr. Jacobs stated he has no objection to the request.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the waiving of the pre-hiring selection procedures of the Larimer County Personnel Policy to allow for the re-employment of Julie Berney as Detention Officer II, Step M.

Motion carried 3 - 0.

8. DISCUSSION OF HEALTH INSURANCE: Ms. Maroney noted that the purpose of today's meeting with the Board is to report on the various outstanding benefits issues and obtain Board approval for the County's 1997 health insurance, life insurance, and long-term disability insurance coverages. Ms. Maroney discussed the dental insurance/benefits consulting budget and the joint bidding project with other local governmental agencies. With regard to health insurance renewal for 1997, Ms. Maroney discussed the plan design issues and funding issues and she reviewed in detail Options #1, #2, #3, #4A & #4B. After the review and discussion, Ms. Maroney proposed that the Board do the following, which would become effective January 1, 1997: 1) Change the County-paid basic Life/AD&D policy from CIGNA/LINA TO Sun Life of Canada; 2) Upgrade the County-paid portion of the LTD coverage from $1005 per to $2500 per month, and also change the LTD policy from Standard Insurance Company of Portland, Oregon to Sun Life of Canada; and 3) Approve Option #4B in which the County pays a "weighted average" amount of $233 per month toward the employee's coverage; this option will switch the health insurance to the FHP triple-option, and using an average dollar amount to calculate the County's contribution, it will pass on to the employees the higher level of costs of the POS and Indemnity plan, but soften the impact on employees and bring the County a step closer to "cafeteria" style funding. Ms. Maroney noted that the Employee Health Insurance Advisory Committee concurs with the Option #4B choice for the health insurance and she requested the Board approve the proposal listed above and, she stated that if Option #4B is chosen, their recommendation is to not take the health insurance out for bid in 1997, as this would provide a realistic chance to see how our claims experience and customer service issues change under FHP. Questions and much discussion from the Board followed. CONSENSUS OF THE BOARD was to proceed with the proposal, as outlined, and approve Option #4B, as described, and recommended by staff and the Employee Health Insurance Advisory Committee.

9. WORKSESSION:

-- Communities in Schools: Mr. Gluckman requested clarification regarding the Board's $65,000 allocation for the Communities in Schools project for Fiscal Year 1997, as approved in a resolution adopted by the Board on October 23, 1996; he asked the Board if the total amount is not matched by the private sector and schools, will the County still allocate the $65,000 or just release dollar for dollar or none at all. Chair Clarke expressed concern that if the total amount is not raised, will the program still be worthwhile and he wants to be sure there is integrity in the program and what kind of program will be left if all the money is not raised; much discussion followed.

-- Discussion of Letter to the Mayor of Windsor regarding Annexation: Commissioner Clarke indicated his concern regarding the letter sent to the Mayor of Windsor in that the letter made it sound like he did not have an opinion on the annexation and yet he had gone to Windsor and supported the proposal; further, he did not like the tone of the letter and found it to be vague, ambiguous, and made no mention of transfer development rights. In an attempt to resolve the problems caused by the letter, Commissioner Duvall proposed the following revision to the letter: "While we have individual opinions regarding the annexation, we as a Board will not take a position regarding that issue"; the Board concurred with the revision. In addition, Commissioner Disney suggested writing a follow-up letter that would better clarify the Board's position on Transfer Development Rights (TDR's). After much discussion, the Board decided to incorporate the suggested revision into the proposed letter and send it today, and they requested Mr. Gluckman to work with the Planning staff to compose a second letter to include specific information regarding an Intergovernment Agreement, TDR's, land use and transportation issues; this second letter is to be completed in two weeks.

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

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 21, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of November 4 and November 11, 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 October 30, 1996:

MISCELLANEOUS DOCUMENT: Northwoods Park Amended Plat of Lot 8. LIQUOR LICENSES: Licenses were issued to Fossil Creek Conoco - 3.2% - Fort Collins, CO. and River Forks Stage Stop - 6% WITH EXTENDED HOURS - Drake, CO. County approval was granted to the Beaver Inn - 6% - Fed Feather, CO.; and a Waive of Hearing for a Change of Ownership for Manfred (Victor) K. J. Hoerner and Colleen Kay Hoerner, dba Sundeck Restaurant at 915 Moraine Rt., Estes Park, Co. for Hotel and Restaurant 6% Liquor License.

A96-138 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND FERRELLGAS, ESTES PARK (Home

Energy Assistance to Eligible Low-Income Households)

A96-139 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KN ENERGY, INC. (Same as Above)

A96-140 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

(Same as Above)

A96-141 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PUBLIC SERVICE COMPANY OF

COLORADO (Same as Above)

A96-142 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND GARY J. GRAY (Use of Pasture Land)

A96-143 AGREEMENT AND LIEN BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RICHARD L. HAWORTH (Provision to

Install a New Sidewalk in Northwoods Park)

A96-144 LAW ENFORCEMENT AGREEMENT AMENDMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN

OF WELLINGTON

C96-61 NATURAL GAS SALES CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND E PRIME, INC., SUBSIDIARY

OF PUBLIC SERVICE OF COLORADO

D96-37 PERSONAL REPRESENTATIVE'S DEED OF DEDICATION BY

PATRICIA Q. BRADLEY AS PERSONAL REPRESENTATIVE

OF THE ESTATE OF MARY ROSS QUAINTANCE, DECEASED

(Dedication of Property for Public Highway - Project #109)

D96-38 DEED OF DEDICATION BY KENNETH P. AND LINDA L. FISHER

(Dedication of Property for Public Highway - Project #171)

D96-39 DEED OF DEDICATION BY BOYD LAKE, A LIMITED

PARTNERSHIP (Dedication of Property - Project #181 - CR 30)

R96-156s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

MORNING STAR CHURCH MINOR RESIDENTIAL

DEVELOPMENT

R96-157s FINDINGS AND RESOLUTION VACATING A PORTION OF A

RIGHT-OF-WAY UTILITY EASEMENT IN NORTH WOODS

PARK SUBDIVISION

R96-158s FINDINGS AND RESOLUTION CONCERNING THE VACATION

OF PORTIONS OF BALSAM LANE AND NOKOMIS DRIVE AND

DEDICATION OF RIGHT-OF-WAY IN THE HIAWATHA

HEIGHTS SUBDIVISION

R96-159s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

ACCESS, UTILITY, AND DRAINAGE EASEMENTS IN THE

SPRINGFIELD RECREATIONAL CENTER

Motion carried 3 - 0.

11. LEGAL MATTERS:

At this time, County Attorney George Hass, Assistant County Attorney, and County Treasurer Chuck Woodard joined the meeting for Legal Matters.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:25 a.m. to discuss legal matters and a personnel issue with Mr. Woodward.

Motion carried 3 - 0.

The Executive Session ended at 12:35 p.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk