PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 28, 1997

LAND-USE PLANNING MEETING

(#222)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; Dan Tasman, Keith Schuett, Richael Michels, Carol Evans, Planners II; Al Kadera, Subdivision Administrator; and Jeannine Haag, Assistant County Attorney. Recording Clerk, M. Zmerzlikar.

Chair Disney noted that the McConnell MRD, which was tabled at a previous meeting to this date, has been withdrawn by the applicant.

Chair Disney stated that that following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. HERTHA RIDGE ROAD STREET NAME CHANGE (#(97-OS1080): 15-04-70 - SOUTH AND EAST OF COUNTY ROAD 31, SOUTH OF CARTER LAKE

This request is to name an unnamed road which provides access to several 35 acre parcels which are located at the southeast corner of Carter Lake. Staff findings are: 1) Hertha Ridge Estates is a group of 35-acre parcels at the southeast corner of Carter Lake. This project was not reviewed and did not result in a final plat where street names are usually assigned. Naming the street at this time will require approval of the Board of County Commissioners; 2) The proposed street name is a unique name which will not result in a duplication of any existing street name in the County; 3) The County Health and Engineering Departments, emergency service providers and all utilities serving this area reviewed the proposed street name and stated no objections. The staff recommendation is for approval of the proposed street name Hertha Ridge Road.

2. ROLLING HILLS 2ND LOTS 7 & 8 AMENDED PLAT (#97-SA1082): 19-08-69; AT THE NORTHEAST CORNER OF MOCCASIN CIRCLE AND BUCKSKIN TRAIL (4200 MOCCASIN CIRCLE), LAPORTE; 7.46 ACRES; 2 LOTS; 0-OPEN ZONING

This is a request to adjust the boundary line between lots 7 and 8 in the Rolling Hills Estates Second Filing (lots currently face Moccasin Circle and after the amended plat, the lots will face Buckskin Trail). Staff findings are: 1) The proposed Rolling Hills 2nd Filing Lots 7 and 8 Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is for approval of the Rolling Hills 2nd Filing Lots 7 and 8 Amended Plat.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Hertha Ridge Road Street Name Change (#97-OS1080); and the Rolling Hills 2nd Lots 7 and 8 Amended Plat (#97-SA1082).

Motion carried 3 - 0.

3. MOUNTAIN CONSTRUCTORS/FRIEND PIT SPECIAL REVIEW (#97-ZR1057): 10-06-70, 1/4 MILE EAST OF COUNTY ROAD 27, ABOUT ONE MILE NORTH OF MASONVILLE, AT THE NORTH END OF THE BUCKSKIN HEIGHTS SUBDIVISION; 4.5 ACRES; 0-OPEN ZONING

Ms. Michels noted that this project is located north of Masonville and the Buckskin Heights subdivision, about 1.4 mile east of County Road 27. The project is a short term gravel extraction operation associated with a State Special 111 Operation Permit, which is a permit to allow an expedited process for permitting gravel extraction operations that will be short term, small in scope and are specifically for government or special district improvements. The applicant is proposing to disturb a total of 4.5 acres which will consist of new mining of 3.5 acres and reclamation of previous mining on 1 acre; the gravel will be used in fulfillment of Mountain Constructors contract with Larimer County to improve County Road 42C.

Staff findings are: 1) Mountain Constructors has applied for a Special Review to allow the extraction of borrow material in order to fulfill a contract between Larimer County and Mountain Constructors for the completion of a County Road project; 2) The proposed mining operation will last less than three (3) months and disturb less than five (5) acres of land; 3) Given the small size of the area to be disturbed and the time frame for completion of this project, the proposal will have minimal impact on the surrounding properties or the health, safety, or welfare of existing residents.

At this time, Joe Kuntz of Mountain Constructors addressed the Board with a request to use water as a dust suppressant rather than applying magnesium-chloride to the haul route for dust suppression. Discussion between the Board, the staff, and Mr. Kuntz followed regarding the residents along the haul route, whether the haul route was a publicly dedicated or private road, and the process to be used for dust suppression along the haul route.

After discussion the staff recommendation conditions for approval of the Mountain Constructors/Friend Pit Special Review #97-ZR1057 were amended as follows: 1) The applicant must submit a plan for dust suppression for the haul route to the Engineering department for approval, sufficient to assure dust control for the duration of the mining and reclamation operation; 2) The applicant must provide the Engineering Department with documentation regarding the number of vehicle trips anticipated each day and the type of vehicles that will be making the trips prior to the start of mining; 3) The applicant must grade Otter Drive to prevent washboarding of the road during operations and at the end of operations; 4) The applicant must repair County Road 27 where it intersects with Otter Drive at the completion of the operation if the County determines that County Road 27 was damaged during the course of this operation; 5) The applicant must enter into an agreement with the County obligating the applicant to make the required road repairs and improvements and must provide financial security for such; 6) The applicant must comply with the following requirements for utilizing the County Road right-of-way in conjunction with this project: a) No parking, loading, unloading, backing up, turning around or queuing is allowed; b) No overweight trucks will be allowed on the County Road. Trucks are subject to State Statutes regarding truck weights and are subject to spot checking for weight by the County; c) Any material spilled by the applicant onto the County Road must be promptly and immediately removed; d) Gravel that migrates from Otter Drive onto County Road 27 must be removed by the applicant; 7) The applicant is responsible for ensuring that nuisance conditions are not created by fugitive dust emissions from the mining and reclamation activities. If dust emissions do create a nuisance, a Fugitive Dust Plan will be required by the County Health Department; 8) Mining and reclamation must be completed within ten (10) weeks of approval of the Special Review by the Board of County Health Department.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Mountain Constructors Friend Pit Special Review #97-ZA1057 with the conditions as amended and outlined.

Motion carried 3 - 0.

4. LENART MINOR RESIDENTIAL DEVELOPMENT CHANGE OF CONDITIONS (97-EX0899): NW 1/4 31-05-68; ON THE EAST SIDE OF COUNTY ROAD 13, 1/2 MILE NORTH OF STATE HIGHWAY 60; 42.54 ACRES; FA-FARMING ZONING

This is a request for waiver of the conditions of approval that deal with the requirement of a written agreement with the Consolidated Home Supply and Reservoir Company. The written request details the steps taken by the applicant to meet the conditions of approval and the reasons that they now seek waiver of the requirement. The property is located on the east side of County Road 13 about 1/2 mile north of Colorado Highway 60. The Home Supply Ditch cuts across the property near the western end and also near the middle of the site; the 40+ acres is agricultural ground, as are other properties in the area. There is an existing residence on this property near the frontage with County Road 13, west of the Home Supply Ditch. Several smaller residential lots also exist in the immediate area. Oil wells and related structures are located on this site and in this general area. The applicants proposed to divide their property into two lots for residential use. The western most location of the Ditch on this site provides the dividing line, with about 1.7 acres for the existing residence and accessory buildings west of the Ditch. This left about 41 acres for a new building site. The oil wells and related facilities are located on the larger lot.

Staff findings are: 1) The Lenart MRD 96-EX0899 is in compliance with the Larimer County Subdivision Resolution, Comprehensive Zoning Resolution and the Comprehensive Land Use Plan; 2) Conditional approval of the Lenart MRD was granted by the Board of County Commissioners on April 7, 1997. Condition #6 of the Findings and Resolution required a written agreement with Consolidated Home Supply Ditch and Reservoir Company that was acceptable to the applicant. Condition #11 (a) required notation on the Final Plat regarding the existence of this written agreement. The applicants have attempted to complete these conditions; 3) Easements for the irrigation ditch can be shown on the Final Plat, as well as noted, informing future lot owners of the existence of the ditch system.

Ann Lenart addressed the Board of County Commissioners outlining the repeated attempts, and failure thereof, to come to an agreement with the Consolidated Home Supply Ditch and Reservoir Company regarding Conditions #6 and 11(a) of the Findings and Resolution for the Lenart MRD. Delbert Helzer, Secretary/Manager for Consolidated Home Supply Ditch Company, addressed the Board indicating the ditch company's attempts to come to agreement with the Lenarts regarding these conditions. Questions from the Board and much discussion followed. Chair Disney expressed concern that if this property is sold, a problem could be created for the ditch company in the future. Commissioner Olson noted that the conditions of approval established on April 7th appear to have been met. The suggestion was made that if this request is approved as recommended today, the plat recorded as it is surveyed and platted in the exhibit shown here today, then the property owner and the ditch company could come to an additional agreement about an easement at a later date. It may not necessarily require an amended plat; but could possibly be an easement agreement that is recorded referencing the plat that was recorded at a specific reception number.

Staff recommendation is as follows: Approval of the request to waive conditions #6 and 11(a) from the Findings and Resolution Approving the Plat of the Lenart Minor Residential Development regarding the requirement for a written agreement with the Consolidated Home Supply Ditch and Reservoir Company with the following conditions: 1) The final Plat shall provide an easement for the irrigation ditch of 10 feet from the top of the west ditch bank and 25 feet from the top of the east ditch bank; 2) The Final Plat shall note that an irrigation ditch is located on this property, an easement for access and maintenance has been provided as shown on the Plat, and that access to and maintenance of the ditch by ditch company personnel should be expected to occur.

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 Waiver of Conditions #6 and 11(a) from the Findings and Resolution Approving the Plat of the Lenart Minor Residential Development regarding the requirement for a written agreement with the Consolidated Home Supply Ditch and Reservoir Company with the conditions as outlined.

Motion carried 3 -0.

The meeting recessed at 4:10 p.m.

PUBLIC HEARING FOR VENNER RANCH ESTATES GID #18

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing in Estes Park to consider the formation of Venner Ranch Estates General Improvement District #18. Chair Disney presided and Commissioner Clarke was present. Also present was Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.

Chair Disney opened the public hearing, thanked the citizens for coming, and introduced the staff in attendance; he informed the audience that the purpose of tonight's hearing is to consider the formation of the Larimer County Venner Ranch Estates General Improvement District (GID) #18 and to adopt a resolution declaring said district to be formed, organized, and established. Ms. Martell stated that the County was approached by some homeowners from the proposed district to form a taxing district to generate funds for road maintenance; a petition was circulated among the property owners regarding the formation of the district and was signed by 63% of the eligible voters in the district. Ms. Martell noted that there are 61 properties in the district and all property owners were sent notices of the hearing tonight. Chair Disney stated that adoption of the resolution tonight will place the issue on the ballot for the November election.

The following property owners addressed the Board and asked questions, which were duly answered by Ms. Martell: Skip Roush, Robert Dern, Ann and Bob Kingswood, Hank Aubert, and Paul Stephan. Mr. Roush requested assurance that the property owner's expectations of this district will happen accordingly; Mr. Dern, author of the application, responded that those expectations are carried out through a road association which will be formed and the construction work put out to bid and not done by the County. Commissioner Clarke informed the group that the formation of this district will create the property owners own government entity; the Board only has the authority to establish the entity. Mr. Kingswood asked if can file for exclusion from this district if he desires to do so; Ms. Martell responded in the affirmative, after the district is formed. Ms. Kingswood noted that their property is currently raw property and if they should file for exclusion and subsequently sell the property, can the new owner be included in the district, if they so desire; Ms. Martell responded that they can file to be included. Mr. Auberg requested definition of exclusion; Ms. Martell stated that the property would be excluded from the district and would not pay the additional taxes. Mr. Stephan asked if this would start a precedent; Ms. Martell responded that there is a legal process to request exclusion and the property owner has to show compelling reasons why he/she wishes to be excluded.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the resolution organizing and establishing the Larimer County Venner Ranch Estates General Improvement District No. 18, and authorize the Chair to sign same.

Motion carried 2 - 0.

R97-101d RESOLUTION ORGANIZING AND ESTABLISHING LARIMER

COUNTY VENNER RANCH ESTATES GENERAL IMPROVEMENT

DISTRICT

The hearing adjourned at 7:20 p.m.

TUESDAY, JULY 29, 1997

ADMINISTRATIVE MATTERS

(#223)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Al Kadera, Subdivision Administrator; Dr. Keith Olson, Mental Health Director; Ralph Jacobs, Human Resources Director; Ginny Riley, Deputy Director Community Services; Anne Schroeder and Doreen Scott of Community Services; Joe Ferrando, Director Community Corrections; Kathy Snell, Health and Human Services Director; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

Chair Disney opened the meeting by extending sympathy from the Board to the families of those persons who suffered the loss of loved ones and property resulting from the flash flood which occurred last night in Fort Collins. Mr. Gluckman asked the Board to consider waiving the fees at the landfill for collection of debris from the flood.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve waiving the fees at the landfill for the collection of debris resulting from the flood, until a date to be determined by Ms. Henderson, Director of Natural Resources.

Motion carried 3 - 0.

BOARD OF EQUALIZATION

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 25 and July 28, 1997.

Motion carried 3 - 0.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 21, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of July 21, 1997, as submitted and amended.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 4, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of August 4, 1997, as submitted and revised.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for July 29, 1997:

-- Approval of One-Stop Career Center Funding Change Letter

-- Solar Ridge 3rd Filing Final Plat and Subdivision Improvement Agreement

A97-122 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND SOLAR RIDGE

DEVELOPMENT, LLP II (Solar Ridge Third Filing)

-- Approval of Memorandum of Understanding between Larimer County and the City of Fort Collins (Joint Ownership of Block 31)

-- Approval of Town of Berthoud Application for new Waste Water Treatment Plant (Digester and Lift Station)

MISCELLANEOUS DOCUMENTS: Glen Comfort Amended Plat, Lots 7 & 8, Block 2; Turner MRD Amended Plat and BLA; Fort Collins Build a Generation Project - Grant #95-JV-12-31. LIQUOR LICENSES: Licenses were issued to: Sol's Long Branch Saloon - 6% - LaPorte, CO.; Conoco #06358 - 3.2% - Loveland, CO.; Conoco #06354 - 3.2% - Fort Collins, CO.; Custom Cakes & Catering, Inc. - 6% - Fort Collins, CO.; and a 3.2% SPECIAL EVENTS PERMIT on August 30, 1997 for the State Board of Agriculture for CSU to be held at the Hughes Stadium Parking Lot in Fort Collins, CO. County approval was granted to Nightingales, Inc. - 6% - Fort Collins, CO., and a 6% SPECIAL EVENTS PERMIT on August 20, 1997 for the Girl Scouts Mountain Prairie Council to be held at Hughes Stadium, Fort Collins, CO.

A97-123 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RESIDENTS OF VICTORIA ESTATES

SUBDIVISION (Provision of Road Work - Single Chip and Seal)

A97-124 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JOHNSON & HIGGINS*STARS

(Provision of Risk Management Information Services - #97-02)

A97-125 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROLLER & ASSOCIATES, INC.

(Provision of Auctioneering Services)

Motion carried 3 - 0.

5. APPROVAL OF 1997-1998 MENTAL HEALTH FEES:

Dr. Olson reminded the Board that each year the fees to be charged by the Mental Health Center for services rendered are determined by the results of the State budget development process; therefore, he requested Board approval of the fee schedule as presented for the fiscal year 1997-98.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the fee schedule for the Mental Health Center for the fiscal year 1997-98, as presented.

Motion carried 3 - 0.

6. PERSONNEL ISSUES IN THE MENTAL HEALTH DEPARTMENT:

-- Dr. Olson requested Board approval to create two new Mental Health staff positions for the purpose of providing mental health and substance abuse evaluation, brief treatment services, "soft skills" training services, and referral and case management support services; he noted that the two positions will be financed through allocations of the Colorado Works Program (CWP) funds available to the County for implementation of the CWP project. Dr. Olson continued that the allocation of funds will be documented through a Memorandum of Understanding between and among the Departments of the Health and Human Services Division.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the creation of two new Mental Health positions in the Mental Health Center to implement the mental health portion of the Colorado Works Program in Larimer County.

Motion carried 3 - 0.

-- Dr. Olson requested Board approval of Leave Without Pay from County employment for the period August 1997 through June 1998 for Ms. Linda Black; he reviewed the background for the request, noting that Ms. Black has been an employee with the Mental Health Center for seven years. He continued that during that time, Ms. Black has been working towards a doctorate degree and has completed all of her course work, but now needs to complete a 9-month teaching assignment and will not be able to continue working for the Center; however, after her teaching assignment Ms. Black would like to return to work at the Mental Health Center.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve Ms. Linda Black's request for Leave Without Pay for the period of August 1, 1997 to June 30, 1998.

Motion carried 3 - 0.

-- In conjunction with the above request, Dr. Olson noted that in order to maintain their level of service on the Child and Family Team, a new half-time position needs to be created; he noted that Ms. Gail Muskina, currently a Child and Family therapist for the Center, would like to reduce her position to half time. In addition, Dr. Olson is requesting to expand the remaining half position and expand it to a new full time position; this action will require Board approval of a new .5 FTE to allow the Child and Family Team to remain at their current level of effective staffing and no additional funds will be required because of the shifting of funds from Ms. Black and Ms. Muskina's positions to finance the new position.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the creation of a new full-time position for the Child and Family Team with one half of the new position to be funded from the savings from Ms. Muskina's position and one half from savings from Ms. Black's position.

Motion carried 3 - 0.

7. RESOLUTION APPOINTING JOE FERRANDO AS DIRECTOR OF COMMUNITY CORRECTIONS:

Mr. Gluckman informed the Board that six applicants were interviewed for the position of Community Corrections Director and the recommendation of the interviewing team is for Joe Ferrando to be selected as the new Director of Community Corrections.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution establishing compensation for and appointing Joe Ferrando as Director of Community Corrections at an annual pay rate of $51,064, effective August 1, 1997, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-102g RESOLUTION ESTABLISHING COMPENSATION FOR AND

APPOINTING THE LARIMER COUNTY COMMUNITY

CORRECTIONS DIRECTOR

At this time Commissioner Olson left the meeting because of a conflict of interest regarding the next item on the agenda.

8. REQUEST FOR TWO REVENUE FUNDED FTE'S AND ADDITIONAL RENTAL SPACE FOR COMMUNITY CORRECTIONS:

Mr. Ferrando requested Board approval to hire 2 new FTE's (a case manager for both the residential and non-residential programs), rent an office at 315 W. Oak St., and relocate the Day Reporting Center from 210 S. Mason Street to 502 W. Laurel; he noted that the residential program has increased their number of beds from 65 to 69 and the increased revenue generated will cover the expenditures of the additional FTE and office rental and the relocation of the Day Reporting Center, which will provide increased safety and security for the DRC staff, will be funded by overall expenditure savings from the relocation.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request for two additional positions for Community Corrections, the rental of additional office space at 315 West Oak Street for the non-residence program, and relocation of the Day Reporting Center to 502 West Laurel; the additional staff and rental space will be funded by increased revenue and overall expenditure savings.

Motion carried 2 - 0.

At this time, Commissioner Olson returned to the meeting.

9. DECISION ON COLORADO CHILDCARE ASSISTANCE PROGRAM:

Ms. Riley informed the Board that in late August their department will be bringing to the Board their recommendations for their State plan, which is due September 1, 1997; however, she noted there are two county options which relate to the Day Care assistance funding that can and should be looked at prior to the actual State plan and October 1, 1997 implementation. Ms. Riley noted that one of the county options is to increase the eligibility level of the percentage of poverty; previously, the criteria ranged from 138-142% of federal poverty depending on family income and size. The Child Care Task Force recommends that Larimer County serve families at 160% of federal poverty level, that this eligibility level be evaluated every three months, and the eligibility criteria may be adjusted by the Commissioners at any time, depending on need. Ms. Riley stated that this recommendation is being brought to the Board today because they have an allocation for day care that is $1 million more than their expenditures last year which has resulted in an opportunity to make more people eligible for day care assistance. The other option, which they are not ready to bring to the Commissioners today, is to increase the rate at which they reimburse providers. Questions from the Board and discussion followed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Child Care Task Force recommendation that Larimer County serve families at 160% of federal poverty level, that this eligibility level be evaluated every three months to revisit the need, budgetary constraints and the number of children served, and that the Board of County Commissioners can adjust the eligibility criteria at any time depending on need.

Motion carried 3 - 0.

10. WORKSESSION:

-- CCI Committee Assignments: Commissioner Olson recommended that in addition to the Commissioner assignments to the various CCI Boards and Committees, that an appropriate staff member also be selected to attend the meetings; the Board concurred.

-- Allocation of Capital Expenditure Funds for Modifications to Courtroom 7: Mr. Gluckman noted that a request has been received for the Board to approve an expenditure of $15,000 to remodel and expand the existing Judges Chambers adjacent to Courtroom 7.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the allocation of up to $15,000 from the Capital Expenditure Fund to expand and remodel Courtroom 7, as requested.

Motion carried 3 - 0.

-- Update on August 13, 1997 TV Show: Mr. Gluckman provided an update for the Board on the upcoming TV show regarding public trust on August 13, 1997.

11. COMMISSIONER REPORTS:

-- Commissioner Olson submitted and reviewed the Larimer County GPS Partnering Map from Geographical Information System (GIS) with the Board.

12. RESOLUTION DECLARING LOCAL EMERGENCY:

Following last night's flood in Fort Collins, the Larimer County Emergency Management Office has recommended that the Board adopt a resolution declaring local emergency in the unincorporated areas of Larimer County.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt a resolution declaring local emergency in the unincorporated areas of Larimer County, effective today, July 29, 1997, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-103g RESOLUTION DECLARING LOCAL EMERGENCY

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Chief Planner Russ Legg, Planning Department Staff Services Manager Gayle Morgan, Director Health and Human Services Kathy Snell; GIS Manager Bruce Biggi; Budget Manager Bob Keister, and County Manager Frank Lancaster joined the meeting for Legal Matters.

13. LEGAL MATTERS:

-- Approval of Show Cause Order for Drink-N-Dawg Tavern: Mr. Hass requested Board approval of a Notice and Show Cause Order in the matter of B.G.'s, Inc., dba Drink-N-Dawg Tavern for a public hearing scheduled for August 19, 1997 at 7:00 p.m. concerning the possible revocation or suspension of their liquor license; he noted that the Notice contains 27 incident reports which will be considered at the hearing.

M O T I O N

Commissioner Olson moved that the Board approve issuance of the Notice of Public Show Cause Order to the Drink-N-Dawg Tavern in LaPorte, CO. for a public hearing to be held on August 19, 1997 at 7 p.m.

Motion carried 3 - 0.

-- Adoption of Open Fires Ban Ordinance: Mr. Hass requested Board approval of the final draft of the Ordinance concerning the ban of open fires and fireworks, which has been revised according to two suggestions offered by the District Attorney's Office.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve adoption of the Open Fires Ban Ordinance, and authorize the Chair to sign same.

Motion carried 3 - 0.

097-02 ORDINANCE CONCERNING THE BAN OF OPEN FIRES AND

FIREWORKS

-- Mr. Hass informed the Board that the City of Fort Collins is considering revisions to their Human Rights Ordinance and he recommended the Board pass a resolution requesting them to amend the Ordinance to specifically exempt Larimer County Government from the Ordinance. CONSENSUS OF THE BOARD was to direct Mr. Hass to draft the resolution, as recommended.

At this time, Commissioner Clarke left the meeting to make a phone call.

-- Mr. Legg had two requests for the Board today: 1) To extend the franchise period for two cable companies, TCI and Fanch, for 90 days until November 30, 1997; Ms. Haag noted that the current agreements the County has with these two cable companies expire in August. 2) To request $58,000 for continued negotiation efforts with cable operators by River Oaks Communications and to sign an addendum to contract regarding same. After much discussion regarding the source of funds for this request, Mr. Keister recommended the allocation be derived from the General Fund Fund Balance, since it is a one-time expense.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve two resolutions extending the agreement of Heritage Cablevision of Delaware, Inc. and Fanch Communications, Inc. to operate a cable television system in the County of Larimer, Colorado until November 30, 1997, and authorize the Chair to sign both resolutions.

Motion carried 2 - 0.

R97-104g RESOLUTION EXTENDING THE AGREEMENT OF HERITAGE

CABLEVISION OF DELAWARE, INC. TO OPERATE A CABLE

TELEVISION SYSTEM IN THE COUNTY OF LARIMER,

COLORADO

R97-105g RESOLUTION EXTENDING THE AGREEMENT OF FANCH

COMMUNICATIONS, Inc. AND ITS AFFILIATES TO OPERATE

A CABLE TELEVISION SYSTEM IN THE COUNTY OF LARIMER,

COLORADO

At this time, Commissioner Clarke returned to the meeting.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners authorize the expenditure of $58,000 for continued negotiation efforts with the cable operators by River Oaks Communications, with monies for this expenditure to be derived from the General Fund Fund Balance, authorize the Chair to sign the addendum to contract regarding same, and change the budgeted revenues to the expected minimum future revenue receipts as of this date by $70,000.

Motion carried 3 - 0.

14. EXECUTIVE SESSION FOR PENDING LITIGATION AND A PERSONNEL MATTER:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 11:05 a.m. to discuss pending litigation and a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 12:05 p.m.; no action taken.

WEDNESDAY, JULY 30, 1997

OPEN LANDS MEETING

(#224)

The Board of County Commissioners met at 2:00 p.m. in regular session with Open Lands Manager K-Lynn Cameron and Parks Director John MacFarlane. Chair Disney presided and Commissioner Clarke was present. Also present was Right-of-Way Agent Jerry White. Recording Clerk, S. Graves.

1. Ranch Enterprises Acquisition: Ms. Cameron informed the Board that the Ranch Enterprises acquisition is a 177 acre property adjacent to Pinewood Reservoir and the Open Lands Board is recommending that the County acquire this property to serve as a buffer to Pinewood for wildlife recreational purposes. Ms. Cameron stated that the price for the property is $325,000, which is $1,836 per acre, and she reminded the Board that at the last meeting with the Board, Commissioner Clarke wanted to know if that price was fair and comparable to other properties in this area. Mr. White noted that he researched the sales in the area and made comparisons of other properties; he submitted a memo stating that his research into this matter indicates that this purchase is an excellent value for the price. Mr. White noted that there are two realtors on the Open Lands Board who also felt it was a good value for the price. Commissioner Clarke expressed his appreciation to Ms. Cameron and Mr. White for researching the facts.

Ms. Cameron stated that they are working with the Bureau of Reclamation to trade this parcel to them in exchange for another like parcel of land, which they would dispose of and use those dollars to replenish the Open Lands fund; she noted that even after the trade, the Parks Department would continue to manage this parcel as a part of Pinewood Reservoir. Much discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the purchase of the Ranch Enterprises acquisition for $325,000, as recommended by the Open Lands Advisory Board, and authorize the Chair to sign an agreement to turn the property over to the Bureau of Reclamation, with the understanding that Larimer County will then receive a parcel of property from the Bureau that can be disposed of to help reduce the taxpayers cost for this piece of property; further, that there be an agreement between Larimer County and the Bureau of Reclamation that assures our ability to be able to use this property in conjunction with the Pinewood Reservoir in perpetuity.

Motion carried 2 - 0.

2. Informational Items: Ms. Cameron provided information for the Board regarding the Steppel Reclamation Plan, the GoCo Local Government Grant for Horsetooth Reservoir, and Horsetooth Mountain Park.

3. Executive Session:

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 3:30 p.m. to discuss the results of the "Open Lands Prioritization Game", Projects update, and Field Trip for August 20, 1997.

Motion carried 2 - 0.

The meeting recessed at 2:55 p.m.

PUBLIC HEARING REGARDING PROPOSED LANDFILL RATE INCREASE

(#224 & 600)

The Board of County Commissioners reconvened at 3:00 p.m. for a Public Hearing to consider a proposed landfill rate increase. Chair Disney presided and Commissioner Clarke was present. Also present was Janelle Henderson, Natural Resources Director. Recording Clerk, S. Graves.

Chair Disney noted that the purpose of today's public hearing is to discuss a proposed rate increase for the Larimer County Landfill; Ms. Henderson submitted the proposed Solid Waste 1997 Fee Schedule, which outlined the 1996 rates and the proposed 1997 rates for the different categories, as well the percentage change for each. Ms. Henderson provided a brief history and background for the proposed rate increases; she noted that this rate increase has been precipitated because Waste Management is now diverting 80% of their trash to their landfill in Ault and they were their largest customer, resulting in a significant decrease in revenue (between $500,000 and $600,000 less than what was projected for the 1997 budget). Ms. Henderson stated that there are two options for the Board to consider: 1) Approve the rate increase to make up for the shortfall, or 2) Start cutting programs and services. Ms. Henderson stated that the rates at the landfill are 40% lower than the rate the private landfills charge; she noted that the amount of self haul (small and large pickups and cars) has increased and they require about 80% of the resources, but only generate 20% of the revenue. Ms. Henderson noted that the proposed rate increase, which would be effective August 6, 1997, amounts to an average of an 8 to 10% increase; she discussed the proposed rates with the Cities of Fort Collins and Loveland and both are in total support of the rate increases. Chair Disney stated that he received a letter from the City Manager of Fort Collins strongly endorsing the rate increase; he noted that the larger increase for small and large pickup loads will result in a more accurate user fee.

The following two persons addressed the Board with their concerns and opposition to the rate increases: Bob Tueting and Al Bacilli; they both stated that the taxpayer is the one who bears the brunt of this rate increase. Mr. Tueting noted that he represents a vanishing breed and endangered species -- the American taxpayer and more consideration has to be given to the taxpayer, which is being burdened more and more. Commissioner Clarke responded to Mr. Tueting that these are user fees and not tax monies; he noted that he is totally sympathetic with his concern for the taxpayer, but they are running a business at the landfill, which is losing money, and the rates need to be raised. Chair Disney stated the landfill is government operating at its very best and providing a good service to the citizens at the least possible cost.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request to raise the rates at the Larimer County Landfill, according to the proposed Solid Waste 1997 Fee Schedule as submitted, effective August 6, 1997.

Motion carried 2 - 0.

The hearing adjourned at 3:30 p.m.

THURSDAY, JULY 31, 1997

PUBLIC HEARING FOR COUNTRY MEADOWS GID #17

(#224 @ 1500)

The Board of County Commissioners met at 7:00 p.m. for a Public Hearing to consider the formation of the Country Meadows GID #17. Chair Disney presided and Commissioner Olson was present. Also present were Rex Burns, Special Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.

Chair Disney noted that the purpose of tonight's hearing is to consider the formation of the Larimer County Country Meadows General Improvement District (GID) #17 and to adopt a resolution declaring said district to be formed, organized and established. Mr. Burns stated that the formation of this public improvement district is for the purpose of maintaining the streets in the subdivision and the district will pass a mill levy for the purpose of generating funds to pay for the improvements.

Ms. Martell reported that they received a petition signed by 55, or 64%, of the 86 eligible property owners, plus one of the builders signed for 13 lots he owns and the development company signed for 18 lots they own, which makes it almost 100% in favor of the district.

Brad Smith, the resident in Country Meadows who organized the district and circulated the petition, stated that the questions raised to him to date were in regard to the estimate being used to determine the future mill levy to fund the reserve and the property owners want to confirm that the estimate is for an asphalt overlay and not a chip seal application. Mr. Burns responded that the mill levy will be based on an asphalt overlay.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the resolution organizing and establishing the Larimer County Country Meadows General Improvement District #17, and authorize the Chair to sign.

Motion carried 2 - 0.

R97-106d RESOLUTION ORGANIZING AND ESTABLISHING LARIMER

COUNTY COUNTRY MEADOWS GENERAL IMPROVEMENT

DISTRICT NO. 17

BOARD OF EQUALIZATION

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 29 and 30, 1997.

Motion carried 2 - 0.

The hearing adjourned at 7:15 p.m.

____________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

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Mitzi A. Zmerzlikar, Deputy County Clerk

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Sherry E. Graves, Deputy County Clerk