Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 24, 1997

LAND-USE PLANNING MEETING

(#151 & #152)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioner Olson was present and Commissioner Clarke was in Denver testifying before a Committee in the House. Also present were: Al Kadera, Subdivision Administrator; Rob Helmick, Senior Planner; John Pedas and David Korth, Code Enforcement Officers; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

ADMINISTRATIVE MATTER:

1. HORSESHOE VIEW ESTATES NORTH TIME EXTENSION (#S-68-62):

SE 1.4 25-06-69 - NORTH OF LOVELAND, 1/2 MILE EAST OF HIGHWAY

287 AND 1.2 MILE NORTH OF EAST 57TH STREET

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Tolling of the Preliminary Plan Time Extension for Horseshoe View Estates North (#S-68-62).

Motion carried 2 - 0.

CONSENT ITEMS:

Chair Disney stated 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 Greenwald Minor Residential Development be removed from the consent agenda.

2. MCKEE CHARITABLE TRUST PRELIMINARY PHASE PLAN TIME

EXTENSION (#94-MS0431): SECTION 22, NORTH 1/2 SECTION 27,

TOWNSHIP 06 NORTH, RANGE 69 WEST, 1 1/2 SQUARE MILES

LOCATED BETWEEN COUNTY ROAD 18 AND COUNTY ROAD 19,

1/2 MILE NORTH OF COUNTY ROAD 28; 960 ACRES; 328 LOTS;

FA-1 FARMING ZONING

This is a request to extend the Preliminary Phase Plan for one year. Staff findings include: 1) The Master Plan and Preliminary Phase Plan for McKee Charitable Trust PUD was approved January 23, 1995, with numerous conditions; 2) The applicant requests a one-year extension to file the final phase plan; 3) The extension request was reviewed by County Health and County Engineering; no objections were noted; 4) The extension request was forwarded to the City of Loveland and the City of Fort Collins for review. The staff recommendation is for approval of the extension of the Preliminary Phase Plan until January 23, 1998. All conditions of approval as stated in the Findings and Resolution, dated January 23, 1995, shall continue to apply.

3. SUMMIT CREST HOMES REZONING (#96-ZN0905): NE 1/4 11-04-69 -

WEST OF U. S. HIGHWAY 287, 440' NORTH OF COUNTY ROAD 10E;

21 ACRES; 1 LOT; M-1, MULTIPLE FAMILY ZONING

This is a request to rezone 21 acres from M-1, Multiple Family to I-Industrial for expansion of the existing Summit Crest Homes facility; this property to be used for parking and outdoor storage. Staff findings are: 1) The proposal is in conformance with the Comprehensive Plan for the area; 2) The rezoning of this property does not constitute a spot zone and would bring the zoning of the property into greater conformity with other Commercial and Industrial zoned and used properties in the area; 3) Approval of this rezoning would not impair the health, safety, or welfare of citizens of Larimer County; 4) The use of this property as industrial promotes the tax base and provides continuing employment opportunities in Larimer County.

The Planning Commission/Staff recommendation is for approval of the request to rezone the property to I-Industrial, with the following conditions: 1) The rezoning is only for the uses described in this application, namely employee parking and outside storage of mobile homes. Any further development of this site in an industrial manner will require review by the Planning Commission and Board of County Commissioners to evaluate and mitigate the impacts of such development on the transportation system and other factors; 2) Clayton Place must be dedicated as a 60' right-of-way to the north property line of the applicant's property; 3) A site plan, drainage plan, and stormwater management plan must be submitted to and approved by the County Engineering Department; 4) An asphalt apron is to be constructed for Clayton Place at its intersection with County Road 10E. Design and construction plans must be approved prior to construction and a final inspection of the completed apron must be completed by Engineering; 5) Curb stops along the western south west edge of the employee parking lot must be installed as well as two "No Parking" signs along Clayton Place; 6) Submit Air Pollution Emissions Notifications (APENs) for review both by the County Health Department and the Colorado Department of Public Health and Environment for the current facility; 7) Preparation of a revised procedure to ensure that all paint sludge is properly collected; 8) Documentation must be presented from the Berthoud Fire District indicating if any fire hydrants are required; if required, the hydrants must be installed within 6 months; 9) A landscaping plan which provides screening of areas used for outside storage and employee parking must be submitted to and approved by Larimer County. Fencing and/or plant materials must be utilized and must be installed within six months if fencing is utilized or within one year if plant materials are utilized; 10) A copy of the "Industrial Use Stormwater Management Permit" from the Colorado Department of Health must be submitted to Planning and the County Health Department if deemed necessary; 11) A site plan must be submitted and approved by both the Planning Department and Engineering Department. The site plan must include a detailed parking plan, including the parking area directly east of the plant, on the west side of Clayton Place. This plan may include the landscaping plan mentioned above; 12) All conditions must be completed and approved prior to the rezoning taking effect; i.e., prior to the recording of the Findings and Resolution.

4. AIRPARK INDUSTRIAL CONDOMINIUMS (#97-SU1001): 07-07-68 -

SOUTH SIDE OF LINCOLN AVENUE, EAST OF LINE LANE; 1.06 ACRES;

I-INDUSTRIAL ZONING

This is a request to create individual commercial condominium units in an existing commercial building. Staff findings include: 1) This request is to create four commercial condominium units in an existing commercial building; 2) The only change resulting from this request will be the ownership of the property; the number of units and the use of the site will remain the same; 3) Access, drainage, landscaping and utility service were addressed when the building permit was issued for this building; 4) The Condominium Declaration provides for maintenance of the building and defines each owners' rights and responsibilities with respect to the property. The staff recommendation is for approval of the condominium map for Airpark Industrial Condominiums.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the McKee Charitable Trust Preliminary Phase Plan Time Extension (#94-MS0431); Summit Crest Homes Rezoning (#96-ZN0905); and the Airpark Industrial Condominiums (#97-SU1001); each, with the conditions as outlined.

Motion carried 2 - 0.

5. DRAGER PARK SUBDIVISION RIGHT-OF-WAY VACATION (#93-SA0366):

Chair Disney noted that a request has been received from the attorneys involved in this matter to table this item until March 24, 1997.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Drager Park Subdivision Right-of-Way Vacation (#93-SA0366) until March 24, 1997, as requested by the attorneys handling this matter.

Motion carried 2 - 0.

6. GREENWALD MINOR RESIDENTIAL DEVELOPMENT (#96-EX0982):

NE 1/4 11-07-68 - WEST SIDE OF COUNTY ROAD 3, 1/4 MILE SOUTH

OF COUNTY ROAD 48 (VINE), SOUTH OF LINDEN RIDGE

SUBDIVISION; 82 ACRES; 3 LOTS; FA-1 FARMING ZONING

This is a request to divide 82 acres into three parcels for single family residences. Denise Hehn requested clarification regarding future use of the road to the south of the subject property in the event the properties are sold; Mr. Helmick responded that the current plat shows no easement for a road and therefore he assumes that any road or easement is on the adjoining property. Dick Rutherford, Engineer and representative for the applicants, stated that no roadway is shown and the parcels go to the section line. Staff findings are: 1) This proposed Minor Residential Development appears compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 3) This proposal had been granted an appeal from the MRD regulations to allow three lots to be created by the MRD process; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the Greenwald MRD, with the following conditions (At this time, Mr. Helmick submitted further clarification to condition #9: 1) The applicants must confirm with Engineering that the existing driveway meets the criteria of the Access Policy and that no changes will be required before beginning construction on Tract A; 2) The final drainage plan for this project must be submitted and approved by Engineering before the Final Plat will be recorded; 3) This project must accept stormwater outflow from Linden Ridge Second Filing. The drainage and irrigation easement which is present on the plat of Linden Ridge Second must be extended onto this property if the drainage study indicates that such an extension is needed; 4) Any known underground drain systems on this property must be shown on the Final Plat within a 20' wide drainage easement; 5) A grading plan with erosion control measures included must be submitted to and approved by Engineering prior to recording the Final Plat; 6) An Off-site Road fee of $2,541 and Park fees of $315 are required for Tract C; these fees must be paid before the Final Plat is recorded; 7) The applicant must submit information regarding the location of the new septic system on Tract C which shows that the existing system is located within the proposed 3-acre parcel and that an area exists on the three acre parcel for a replacement system; 8) A fire hydrant will be required within 400 feet of the structure on Tract C; this hydrant must be either installed, tested, and accepted by ELCO prior to recording the Final Plat or the applicants must enter into a Subdivision Improvements Agreement for the hydrant; 9) A 20' utility easement is required adjacent to County Road 3; a 20' drainage easement shall be dedicated on the Final Plat adjacent to the westerly right-of-way of County Road 3 for the entire length of the subject property; 10) School fees of $483.90 per lot for the Poudre School District will be collected before recording the Final Plat for Tracts A and C; 11) The following plat notes must be placed on the Final Plat: 1) An off-site road fee of $2,541 will be collected at the time of building permit for Tract A; 2) Mosquitoes may be a nuisance in rural locations. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; 3) Prairie dog colonies may exist in the vicinity of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; 4) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; 5) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. The State Division of Wildlife is not responsible for damage or control of wildlife; 6) Access to this property is via an unpaved road. Such roads produce significant amounts of dust from vehicle traffic; 7) The results of a radon test must be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy; 8) Engineered footings and foundations are required for new residential construction; 9) Uses on this property are limited to single-family residential; 10) All utilities must be installed underground; 11) The current Park fee will be collected for Tract A at building permit Park Fees.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Greenwald Minor Residential Development (#96-EX0982), with the conditions as outlined and amended.

Motion carried 2 - 0.

7. CLARK JUNKYARD/TRAVEL TRAILER ZONING VIOLATION

(#96-ZV0891): 14165 NORTH COUNTY ROAD 7 IN WELLINGTON

Mr. Pedas requested that the Board table the Clark Zoning Violation until March 24, 1997; he noted that Ms. Clark has made considerable progress in removing some of the vehicles and the travel trailer from the site and tabling of this matter will give Ms. Clark additional time to complete cleanup of the site.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Clark Zoning Violation (#96-ZV0891) until March 24, 1997, as requested.

Motion carried 2 - 0.

8. TURNER POULTRY FARM ZONING VIOLATION (#96-ZV0921):

07-10-71 - 2051 COUNTY ROAD 82E (LOWER CHEROKEE PARK)

This alleged violation is for raising in excess of 200 emus (poultry farm) in the O-Open Zoning District without Special Review approval for a commercial poultry farm. Mr. Pedas submitted photos of the subject property, provided the background information concerning the alleged violation, and reviewed the major concerns and issues. Staff findings include: 1) The subject property is zoned O-Open District; 2) Poultry farms require Special Review approval in the O-Open Zoning District; 3) The current illegal use of the property as a poultry farm is not consistent with the rural residential character of the surrounding neighborhood; 4) Continued use of the property, inconsistent with the zoning limitations, may affect property values in the neighborhood; 5) The use of the property as a poultry farm may result in adverse environmental influences in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days (remove the emus or apply for Special Review), and authorize legal action if the compliance deadline is not met.

Brent Olson, attorney representing the owners of the Rabbit Creek Emu Ranch, submitted documents to the Board for reference during his presentation; he noted that they have not entered into the special review process because they believe that this ranch may be run as a matter of right and if the Turners are required to go through the special review process, then everyone else in the County raising emus will need to do the same. Mr. Olson stated that the Board should classify emus as livestock, the same as cattle, sheep and horses; he noted that the number of emus on the site is temporary and the active "dump" has been eliminated. Mr. Olson reviewed the documents in the packet submitted; lengthy discussion ensued. In summary, Mr. Olson stated that the Commissioners need to decide whether or not emus are livestock and he requested tabling of this matter to allow time for the Board to define poultry farming and arrive as some resolution to this matter.

Property owner Linn Turner explained why they entered into the business of raising emus, submitted a map of the area and outlined his plans, including building pens for the birds. Chair Disney asked about the management of waste; he was informed that the waste is low fragrance and becomes powder when it dries. Mark Randolph, President Colorado Emu Association and an emu rancher in Boulder County, stated that there are currently 125 emu ranchers in Colorado and emu waste is not an issue as it is minimal compared to horse waste and it is environmentally friendly; in addition, emus are friendly, easy on barns, and they don't make much noise. Chair Disney asked about Boulder County's policy regarding the raising of emus; Mr. Randolph stated that it hasn't been an issue.

Rich Manges, attorney for the adjacent property owner and complainant Bert Herrera, stated that they agree that emus are not chickens, they are 6 ft. animals with a lot of feathers, which shed and subsequently blow onto their property and into the house; with regard to the waste, he agrees it does turn to powder and also blows onto the adjoining property. Mr. Mangus stated this area is governed by protective covenants, which do not provide for raising of emus, feedlots, etc.; this is a residential area that is being used as a commercial livestock area. Mr. Olson referred to photos of the Herrera property, which were not submitted, indicating that it is not a pristine 35-acre ranchette, and he requested the Commissioners determine that this is a livestock operation and not a commercial poultry operation.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments; much discussion ensued. Chair Disney suggested that this matter be taken under advisement to allow time for staff to do additional research to define, classify, and clarify the issue; in the interim, he advised the Turners to do whatever they can to reduce the impact on the adjoining property as much as possible.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners take the matter of the Turner Poultry Farm Violation under advisement until March 24, 1997, at which time an announcement of the Board's decision will be made, to allow time for the staff to work with the complainant and property owner to come to some resolution to this matter.

Motion carried 2 - 0.

At this time, Commissioner Clarke joined the meeting.

9. DAVIS JUNKYARD/MOBILE HOME VIOLATION (#97-ZV0956):

SW 1/4 OF THE SE 1/4 OF THE NE 1/4 SECTION 1, TOWNSHIP 7

NORTH, RANGE 73 WEST, MONUMENT GULCH OFF PINGREE

PARK ROAD

This alleged violation is for storing inoperable vehicles, junk and other debris in the O-Open Zoning District. Mr. Pedas provided the background information and described the location of this alleged violation, reviewed the major concerns and issues, and submitted pictures of the subject property taken by Dave Korth. Staff findings are: 1) The subject property is zoned O-Open District; 2) The O-Open Zoning District does not permit "junk yards" or outside storage not accessory to a permitted use; 3) Single wide mobile homes require consent petitions and building permits in the unincorporated territory of Larimer County; 4) The continued use of the subject property, inconsistent with the zoning and building code requirements, will severally affect property values in the immediate neighborhood. The staff recommendation is to find that the violations exist, require compliance, (remove all junk and vehicles, apply for a building permit for the mobile home, with consent petition) within 60 days, and authorize legal action if the deadline is not met.

James Jader, spokesman for property owner Mr. Davis, addressed the Board and noted that two of the vehicles are licensed and that he was unaware that he needed a permit to bring the trailer to his property; Mr. Jader continued that Mr. Davis is semi-invalid from the Vietnam War and not physically or financially able at this time to pay the fees to obtain the permit, but should be able to comply if given 90 days to do so. Rich Allison, a friend willing to help Mr. Davis come into compliance, stated that Mr. Davis wants to establish a permanent residence and needed a place to live. Lois and Bill Mahoney, property owners in the area since 1972, stated that this is a pristine and beautiful area and they want it to remain that way; they would like for Mr. Davis to be able to stay in the area, but they just want him to comply with the regulations. Darrel Sigler, a neighbor, stated that everyone else in the area has had to conform to the law and Mr. Davis should also; his big concern is the health hazard due to lack of a septic system. Property owner Charley Davis stated that he has lived in a camper on this property for 14 years; he admitted that his place is a mess right now because he has had to make 34 trips to Nebraska to care for sick and elderly relatives since his Father died. Mr. Davis stated that he does not receive any housing assistance or food stamps from Larimer County, and he needs the extra time, and with the assistance of his friends, to come into compliance; he invited the Board to come up and see how people live without County assistance. Chair Disney asked Mr. Davis about sewage disposal; Mr. Davis responded that he has dug two outhouse pits, which are pumpable. Jay Tamlin, another friend willing to help Mr. Davis, stated that he is partially responsible for the situation Mr. Davis is in because he found the trailer so he would have a stable residence. Much discussion followed.

M O T I O N

Commissioner Clarke moved, in the matter of the David Junkyard/Mobile Home Violation, that the Board of County Commissioners find that the violations exist, require compliance (removing of all junk and vehicles and application made for a building permit for the mobile home, with consent petition) within 90 days, and that staff be authorized to allow an additional extension of 30 days if necessary, if they see that progress toward compliance is being made; after that period of time, legal action is authorized if the deadline for compliance is not met.

Motion carried 3 - 0.

10. LANGE BUILDING VIOLATION (#96-ZV0929): NW 1/4 NW 1/4

06-07-72 - OFF PINGREE PARK ROAD, UP POUDRE CANYON

This alleged violation is for building a dwelling on the property without a building permit. Mr. Pedas reported that the Langes submitted their application for a building permit on February 14, 1997, which is now going through the plan review; he continued that as long as the engineering, etc. on the permit is adequate and inspections are done in a timely manner, this matter can be considered resolved. Mr. Pedas advised the Board that they will continue to monitor the situation.

The meeting adjourned at 5:20 p.m.

TUESDAY, FEBRUARY 25, 1997

ADMINISTRATIVE MATTERS

(#153 & #154)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager, in Estes Park, Colorado. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rex Burns, Flood Plain Administrator; Larry Timm, Director of Planning; Frank Lancaster, County Manager; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

1. INTRODUCTIONS AND EXPLANATION OF MEETING: Chair Disney introduced the Commissioners and staff members in attendance, welcomed the Estes Park Senior High government class, and explained the format for today's meeting.

2. OPEN SESSION FOR PUBLIC COMMENT: The following persons came before the Board today to address the Board during the Open Session for Public Comment: Jan and Clyde Canino, Sr.; Joyce Kitchen; and Frank Williams.

Jan Canino discussed further their application for water at the Forks Restaurant; she reminded the Board that she and her husband came before the Board on January 21, 1997 requesting the Board enter into a Memorandum of Understanding to obtain water from the "community well" owned by Larimer County. Ms. Canino noted that subsequent to their application for water being denied, they have received many phone calls from neighbors expressing their disappointment and their desire for the Forks to be open and continue as a community center. Ms. Canino stated that they received a phone call from John Pharris, attorney for the Shenk Family Trust, current owner of the property, and they have proposed the formation of a water district in which they would handle the water; she noted they are still very interested in purchasing the Forks if something can be worked out with the water and they are personally very comfortable with the water treatment. Ms. Canino noted that they have decided to down scale the restaurant and keep it as a convenience center with breakfast and lunch; therefore, their water needs will not be as great. She asked the Board if something can be worked out, if there would be the possibility of a temporary water permit so they could open as soon as possible. Commissioner Clarke stated that as long as they can put together a viable water district so there is a legal, responsible entity for the water, the County will be agreeable to the proposal; his only concern is that the County has a good water supply for their shop. Mr. Canino informed the Board that Mr. Pharris discussed the proposed water district with County Attorney George Hass and he indicated it is not a problem. Commissioner Clarke stated that if the proposed water district is agreeable with the County Attorney, he thinks the County should give them the well and the County will just be one of the participants; Mr. Canino noted that Mr. Hass suggested that there be no charge for the County water. Chair Disney stated that Public Works Director Rex Smith should also be involved in all the negotiations.

Joyce Kitchen asked when the Estes Valley Comprehensive Plan will be in effect, if there will be a Board, who will make final determination regarding zoning requirements, and how does a person apply for this Board? Chair Disney responded that after conversations with the Town of Estes Park, they would like to have a joint Planning Commission appointed and functioning by July of this year; the Commission would be composed of seven people from the Estes Park Valley, three appointed by the Town Board and four appointed by the County Commissioners. Chair Disney informed Ms. Kitchen that they will advertise for applications for this Commission, review those applications, interview applicants, and make their selection. With regard to who decides on the zoning, Chair Disney informed Ms. Kitchen that the Master Plan for the Estes Park Valley is completed and is a vision of how they would like the Valley to be in the future; the next phase of the Plan is to write the zoning code and this is still subject to a lot of public input and zoning will not change until it is completed and adopted by the Town Board and County Commissioners.

Frank Williams, property owner on the Dry Gulch Road, submitted a copy of the road book showing easements; he noted that he owns the NW quarter of section 20 and there is no County road ROW in that section. Mr. Williams is concerned because permits have been issued for utilities and are being installed on his property and he was never contacted; he noted that the sewer, water, gas, and phone lines are already in. Chair Disney stated that the Board will pass this information on to the Public Works Department and they will contact Mr. Williams.

3. TEST REGARDING FACTS ABOUT LARIMER COUNTY:

At this time, the students were given a test regarding facts about Larimer County; afterwards, the questions and answers were discussed.

4. APPROVAL OF MINUTES FOR WEEKS OF FEBRUARY 10 AND FEBRUARY 18, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the weeks of February 10 and February 18, 1997, as submitted.

Motion carried 3 - 0.

5. APPROVAL OF SCHEDULE FOR WEEK OF MARCH 3, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of March 3, 1997, as submitted and revised.

Motion carried 3 - 0.

6. CONSENT AGENDA:

Chair Disney noted that a request has been received to table approval of the Berthoud Lake Ranchettes Reduction of Letter of Credit.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table approval of the Berthoud Lake Ranchettes Reduction of the Letter of Credit.

Motion carried 3 - 0.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following appointments and documents as listed on the Consent Agenda on Document Review for February 25, 1997:

-- Appointment of Catherine S. Kainer to the Extension Advisory Committee:

-- Appointment of Ayleen Burns, Carolyn McPhail-Dunning, and Kay Rios to the Office on Aging Advisory Committee:

-- Documents:

MISCELLANEOUS DOCUMENTS: Hirsch Minor Land Development Plat; Day Minor Land Development Plat; and the Stringer Amended Exemption Plat.

A97-29 EXTENSION OF RIGHT-OF-WAY AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND VIRGINIA NELSON

SAVAGE (Project #181 - County Road 30)

Motion carried 3 - 0.

7. HIRING OF RURAL LAND USE CENTER (RLUC) DIRECTOR:

Chair Disney provided the background information preceding the formation of the Rural Land Use Center. Mr. Timm stated that the Commissioners, several members of the 35-Acre Task Force, and he interviewed eight individuals for the position of Director of the Rural Land Use Center. Following the interviews, Mr. Timm was directed by the Board to do various background checks on the top candidate before making the final decision; he noted that Avert, Inc. was hired to do the background checks and he submitted that report. Mr. Timm stated that the background checks point out nothing that would change their minds; however, the criminal check is still not completed and is expected today. Mr. Timm stated he contacted three of the references given by the candidate and glowing remarks were received.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint Jim Reidhead as Director of the Rural Land Use Center, contingent on the outcome of the criminal background check by Avert, Inc.

Motion carried 3 - 0.

8. SKYVIEW SOUTH STREET IMPROVEMENTS:

Mr. Burns provided the background information and reviewed the situation which exists in the Skyview South Subdivision; he noted that certain improvements were not installed at the time the subdivision was constructed and the streets were not taken over for maintenance by the County, as they should have been, due to the missing improvements. Mr. Burns stated that the residents in this subdivision feel that the County is at least partially responsible, since the improvements shown on the plans, were not constructed; he noted that the estimated cost of replacing the missing improvements will be about $52,000. Mr. Burns stated that when the Board was apprised of this situation several months ago, at that time they asked staff to work with the homeowners to arrive at a solution for alleviating the situation. After meeting with a committee of homeowners in Skyview, a Memorandum of Understanding (MOU) has been reached in which the residents would form a Public Improvement District to fund one half of the cost of the missing improvements, and the County would pay or get the developer to pay for one half of the cost of installing the missing improvements, not to exceed $26,000 over three years. Mr. Burns continued that the County would accept the streets for maintenance and the agreement would be contingent on a petition for a public improvement district being signed by a 60% majority of the property owners and approval of the district at an election held for that purpose; he submitted a copy of the MOU and requested Board approval. Questions from the Board and discussion ensued. Grace and Rolan Brownlee, Skyview South homeowners, stated that they want the streets repaired because they are a safety hazard and the homeowners do feel the County is responsible. Ms. Brownlee asked if the Public Improvement District (PID) will continue after the streets are improved; Mr. Burns responded that if the subdivision is annexed, the PID will no longer exist and the City of Fort Collins will assume responsibility for maintenance of the streets and this will be written into the agreement. Commissioner Clarke thanked Mr. Burns and the Skyview South Subdivision homeowners for working together to resolve this matter.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Memorandum of Understanding Agreement between the Board of County Commissioners and the Homeowners' Association of the Skyview South Subdivision, with the source of funds for the County's portion of the improvements to be identified later.

Motion carried 3 - 0.

A97-30 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE SKYVIEW

SOUTH SUBDIVISION HOMEOWNERS' ASSOCIATION

9. WORKSESSION:

-- Legislative Update: Mr. Gluckman provided the weekly legislative update for the Board; he submitted a letter for the Chair to sign to send to Representative Steve Tool expressing the Board's appreciation for his efforts to amend House Bill (HB) 97-1166 regarding welfare reform. CONSENSUS OF THE BOARD was to authorize the Chair to sign the letter of appreciation to Rep. Steve Tool. Mr. Gluckman noted that after contacting the Board by phone last week, a letter was sent out opposing House Bill 97-1272, a bill which would strip County powers for setting regulations regarding solid waste. Mr. Gluckman submitted another letter for the Board to approve and the Chair sign listing their reasons for opposing House Bill 97-1086; he noted this bill creates a tax exemption for business personal property and indirect reduction in assessed values on residential properties. Mr. Gluckman noted that even though the intentions of this bill are good, especially for small businesses, the problem is that in terms of revenue for Larimer County, it would result in decreased revenue in 1999 of $160,000, increasing to $2.1 million in 2003, and the County cannot raise the mill levy to compensate for the revenue loss without voter approval. Commissioner Olson requested that a press release be put out explaining that the reason the Board is opposing this bill is for the good of the citizens as a whole. Commissioner Clarke stated that the State of Colorado wants to give relief to small businesses, but they want to do it with County funds. CONSENSUS OF THE BOARD was to oppose House Bill 97-1086, and authorize the Chair to sign the letter to the Colorado Legislature, Larimer County Delegation.

Mr. Gluckman reported that the Board is due to have their monthly Legislative breakfast with the local legislators next Monday; however, since many of the issues have been discussed recently, there is nothing pressing to be discussed. Therefore, Mr. Gluckman recommended postponing the breakfast with the Legislators for this month; the Board concurred.

10. COMMISSIONER REPORTS:

-- Commissioner Olson noted she sent out an E-Mail to the Board about the Economic Development Advisory Board and she asked the Commissioners is they wanted to discuss this before the next meeting; Commissioner Clarke stated he would like to meet with them and listen to their thoughts about where they want to go from here. She reported that she met with the Windsor Town Board and they proposed having a breakfast meeting with the Board. Commissioner Olson reported that last week she went to the Affordable Housing Meeting; she noted that Steve Porter from the Coloradoan was also there and will be doing a series on affordable housing. She also reported that she attended the Agricultural Land Protection Forum and, in her opinion, it was very organized and everyone in attendance learned a lot.

-- Commissioner Clarke reported that he will be assuming the Legislative Policy Group assignment at Colorado Counties, Inc. He reported that tomorrow he will be meeting with Treva Edwards, Mayor of Loveland, and others to discuss the Big Thompson Corridor Study project. Commissioner Clarke reported on the Governor's Agricultural Outlook Forum in Denver and noted that he was very impressed that there is a future for agriculture, but it is going to be very different. He stated that he wants to look for an opportunity to express the Board's appreciation to the Larimer County Agriculture Task Force for their report, efforts, and insights.

-- Chair Disney reported that when the Board recently met with the Fort Collins City Council he reviewed the discussion held recently at the Upper Front Range Transportation Planning Council meeting about getting enhancement dollars for the Gateway Park up Poudre Canyon; he noted that they want the Upper Front Range Transportation Planning Council to host a joint meeting up there in June and members of the North Front Range Planning Council and the Denver Regional Council of Governments will be invited; he also extended an invitation to Commissioners Clarke and Olson to attend and suggested that the County offer to contribute something, such as a picnic, etc. Chair Disney reported that the Environmental Advisory Board is going to have a retreat on a Saturday in March in Estes Park and the Board is invited; he noted that their focus will be on water, transportation issues, etc. Chair Disney congratulated Janet Thayer of the Loveland Reporter Herald, who recently won an award for excellence in reporting on the White Buffalo.

The meeting adjourned at 10:45 a.m.

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JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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