Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 23, 1996

MEETING REGARDING PURCHASES OF OPEN LANDS PROJECTS

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The Board of County Commissioners met at 11:00 a.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were Director of Parks, John MacFarlane, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Purpose of Meeting: Ms. Cameron stated that the purpose of today's meeting is to bring to the Commissioners some recommendations from the Open Lands Board, made at their last meeting on December 19, 1996.

2. Action: Projects Recommended by the Open Lands Advisory Board:

Steppel/Hidden Springs: Ms. Cameron stated that the first project recommended by the Open Lands Advisory Board is the Steppel/Hidden Springs property, which is 80 acres on the ridgeline between Loveland and Fort Collins and adjacent to the Coyote Ridge--which is in the City of Fort Collins open space area; she noted that this property is in the corridor between Fort Collins and Loveland and there is scenic and recreational value to the property and wildlife habitat. Mr. Cameron informed the Board that this land purchase will be in partnership with the City of Fort Collins, with Larimer County owning 1/3 and the City of Fort Collins owning 2/3; she noted that the price for the Steppel/Hidden Springs property is $278,500 at $3,300 per acre. Ms. Cameron stated that an appraisal was done on the property and this cost is below the appraised price; the closing for this property is the end of February and they will be working out an agreement with the City on the long-term management for the area. Ms. Cameron advised the Board that Steve Hurd, one of the adjacent landowners, has offered to pay for the reclamation of the roads, at an estimated cost of $15,000; Commissioner Disney suggested Ms. Cameron inform Mr. Ryan, Environmental Health Planner, of this generous offer so he can advise the Environmental Advisory Board of this contribution so they might be eligible for a Stewardship Award next year.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners concur with the recommendation of the Open Lands Advisory Board to participate in partnership with the City of Fort Collins in the purchase of the Steppel/Hidden Springs property, contingent upon the City of Fort Collins approving the purchase and partnership.

Motion carried 3 - 0.

Commissioner Duvall expressed appreciation to Steve Hurd for coming forward to help with the reclamation of the roads. Mr. MacFarlane stated that when this purchase is completed, he will make sure the Environmental Advisory Board, the Open Lands Board, and the County Commissioners do something special to acknowledge his contribution.

Ute/Snowy Ridge: Ms. Cameron noted that the second property unanimously recommended by the Open Lands Advisory Board for purchase is Ute/Snowy Ridge and is comprised of 478 acres; she described the location as being on the west side of Highway 287 across from the Manor Ridge Subdivision, it is currently a dry land wheat field, and is identified in the Plan for the Region between Loveland Fort Collins as land to preserve. Ms. Cameron stated that they are interested in this property because of its scenic value, it is in agriculture, and because it is the last piece in the corridor. Ms. Cameron stated that there are two property owners involved in this purchase and they have negotiated a purchase price of $2,465,000, with an average price per acre of $5,100 per acre; the closing will be April 15, 1997 for a section of 50 acres and then the remaining 428 acres will be purchased over the next three years--it would be a 4-year transaction with an interest rate of 7 1/2%. Ms. Cameron stated that the breakdown for this partnership for this project is Larimer County - 1/2%; the City of Fort Collins 1/3%, and the City of Loveland 1/6%; the property will continue to be farmed and Larimer County will be the managing agent for this property. Ms. Cameron noted that the Open Lands Advisory Board recommended that a letter be written to National Geographic in response to their article about this property in the November 1996 issue to let them know what is being proposed for this land.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the purchase of the Ute/Snowy Ridge property, as recommended by the Open Lands Advisory Board, contingent upon approval of the partnership by the Cities of Fort Collins and Loveland.

Motion carried 3 - 0.

Chair Clarke added that, in his opinion, this is a very important key piece of property in the whole open space program and if we don't buy it, it would surely be developed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 11:30 a.m. to discuss contract negotiations and land acquisition.

Motion carried 3 - 0.

The Executive Session ended at 12:00 noon; no action taken.

ADMINISTRATIVE MATTERS

(#129 @ 1000)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Disney was present. Also present were: Larry Timm, Director of Planning; Ed Zdenek, Interim Director Rural Land Use Center; Rob Helmick, Senior Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. APPROVAL OF SCHEDULE FOR WEEK OF DECEMBER 30, 1996:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the Week of December 30, 1996, as submitted.

Motion carried 2 - 0.

2. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following items as listed on the Consent Agenda for December 23, 1996:

-- Appointment of Dr. Clare E. Arth as Psychiatrist in the Mental Health Department, beginning February 1, 1997 at an annual salary of $110,000.

-- Approval of the following County Policies:

P96-05 POLICY REGARDING ISSUANCE AND USE OF CREDIT CARDS

P96-06 POLICY CREATING LARIMER COUNTY OFFICES IN WHICH

APPOINTEES SERVE AT THE PLEASURE OF THE BOARD OF

COUNTY COMMISSIONERS

P96-07 POLICY REGARDING SMOKING IN COUNTY FACILITIES

P96-08 POLICY REGARDING CLASSIFIED EMPLOYEE COMPENSATION

POLICY

P96-09 POLICY REGARDING SHERIFF'S DEPARTMENT PERSONNEL

POLICIES

-- Appointment of Robin Ezequelle to the Office on Aging Advisory Council for a 2-year term, to fill the unexpired term of Al Health, ending June 30, 1998.

Motion carried 2 - 0.

-- Document Review: Petitions for Abatement and Refund of Taxes were approved, as recommended by the County Assessor, for the following: Performance Tune; Colonial Pacific Leasing; Douglas Ironworks Image Engineering; Donald H. Chance; Kenneth & Donna Van Skike; Wilma Denney; Gerald & Rosemary Donovan; Arlene Boday; John O. Walker; Donna & Gerald Fox; Vincent & Anastasia Kasper; and Western Land & Investment Corp.

-- Miscellaneous Document: Amendment to Letter of Credit #SB1246, Blue Mountain Partnership - Berthoud Lake Ranchettes - Reducing the Letter of Credit Amount (Amendment: 20487 - 20432 and 20441).

3. REQUEST FOR APPROVAL OF CONTRACT FOR INTERIM RURAL LAND USE CENTER DIRECTOR: Mr. Timm requested the Board to approve a contract to extend the position of the Interim Director of the Rural Land Use Center (RLUC) for an additional two-month period from January 1, 1997 through February 28, 1997; he noted that funds for this contract will be derived from the 1997 RLUC budget. Mr. Timm stated that the recruitment process for the new RLUC Director is underway, with applications due January 9, 1997, and with the adoption of the Rural Land Use Process we need to continue on and Mr. Zdenek's current contract ends December 31, 1996. Mr. Timm outlined three options for the Board to consider: 1) Contract with Mr. Zdenek to continue as Interim Director until the end of February, 1997; 2) Assign Mr. Helmick to this position on a temporary basis; 3) Do nothing. Mr. Timm stated that his recommendation is that the most practical thing to do is to contract with Mr. Zdenek to continue as Interim Director for the RLUC for January and February, 1997.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Contract for Professional Services to extend Mr. Zdenek's position as Interim Director for the Rural Land Use Center for two additional months until March 1, 1997.

Motion carried 2 - 0.

C96-67 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ED ZDENEK

4. UPDATE ON RURAL LAND USE CENTER TEST CASES: Mr. Zdenek provided an update for the Board on the following Rural Land Use Center (RLUC) test cases: RLUC #1 - Dan Nelson property is proceeding in good order and should be completed shortly after the first of the year; he noted that most of the technical details have been worked out. RLUC #2 - Geneva Development Corp. - a 176 acre project west of Carter Lake, with access from the south through Boulder County - for 7 residential units and a clubhouse instead of five 35 acre lot developments; he noted that this case is moving along favorably. Mr. Zdenek stated that a neighborhood meeting was held and one issue of concern was an intersection problem at State Highway 36 & County Road 71, but they received a letter from the State Highway Department and they are not concerned. RLUC #3 - Marsh Farms in Waverly - a test case of 350 acres which came initially through the subdivision process requesting 41 units; Mr. Helmick suggested to them that their use by right would have been 31 units and he recommended they talk to the RLUC to see if there were other alternatives. Mr. Zdenek continued that through a several month process, they have come to a solution which will allow them to stay in farming, keep their irrigated land, and develop 15 5-acre lots; he stated that a neighborhood meeting has been tentatively scheduled for January 6, 1997 at the Wellington Senior Center and as far as he knows right now, there has been no direct conflict with neighbors. RLUC #4 - Sedona Hills - Mr. Zdenek provided an update, noting that this test case has been dropped and he requested direction from the Board; he noted that hopefully they learned some things from the Sedona Hills project, such as the importance of early notification of the neighbors. Chair Clarke and Commissioner Disney both agreed that this is critical. Mr. Zdenek stated that after the meeting on Sedona Hills, several of the neighbors came and asked him what the RLUC does and it seems like there is a possibility that future conversations could happen with people in that area, and he would like to pursue this with this group, if the Board concurs; Commissioner Disney stated that he doesn't see any general benefit to the public to spend time and resources on this - time could be better spent out looking for critical areas.

5. LEGAL MATTERS:

-- Mr. Lancaster received an Escrow Agreement regarding the Franz property from Marla Hehn, Assistant County Attorney, requesting the Board's approval; he noted that this agreement will place our payment into an escrow account until February 20, 1997.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Escrow Agreement between the Board of County Commissioners and Jerome D. Cornell, Trustee for the Pauline L. Franz Charitable Remainder Trust.

Motion carried 2 - 0.

A96-161 ESCROW AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JEROME D. CORNELL, TRUSTEE FOR

THE PAULINE L. FRANZ CHARITABLE REMAINDER TRUST

The meeting adjourned at 1:45 p.m.

_______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

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