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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 25, 1997

PUBLIC HEARING REGARDING AN APPEAL

TO FLOOD REVIEW BOARD DECISION

(#234)

The Board of County Commissioners met at 2:00 p.m. for a Public Hearing with Ed Woodward, Senior Engineering Tech and Flood Review Board Secretary. Chair Disney presided and Commissioner Clarke was present. Also present was Marc Engemoen, County Engineer and member of the Flood Review Board. Recording Clerk, S. Graves.

Chair Disney noted that the purpose of today's public hearing is for the Board to consider a petition filed by Leonard and Cheryl Sokoloski to appeal a decision made by the Larimer County Flood Review Board at their July 16, 1997 meeting; that decision was not to allow an addition to an existing house that is located in the Flood-Way District of the Poudre River on Lot 1, Block 5, Cotton Willows Estates Second Filing, legal address 4009 Green Ridge Drive, LaPorte, Colorado.

Mr. Woodward reviewed the history of the site and referred to the Minutes of the July 16, 1997 Flood Review Board meeting which state that in 1971 the developer of Cotton Willows, Lee McConnell, agreed to approval of this development with the understanding that even though some of the lots would be close to the Poudre River, and probably in the Flood-Way, his development would be allowed to be built out without a time limit or any flood plain repercussions. Mr. Woodward continued that most of Cotton Willows was completed by late 1975 and then in 1976, the County adopted the Larimer County Flood Plain Resolution and regulations; he stated that when the Sokolosky's requested an addition to their home, he advised them it would not qualify as a non-conforming structure because it was built in 1978 and in the Flood-Way area of the Flood Plain and it would need Flood Review Board approval. Mr. Woodward informed the Board that the Sokolosky's applied to the Flood Review Board to build their addition and their application was denied. Mr. Woodward presented and reviewed with the Board the original 1973 map study, showing a narrower flood way, and the 1996 map study, showing a wider flood way.

Leonard Sokolosky addressed the Board and stated that the reason for the addition to their home is timely in that all four of their parents are still alive and they are looking for options to keep them out of nursing homes; he referred to other new structures recently built in close proximity to their home and some closer to the river. Mr. Sokolosky stated that there are approximately 200 houses in their neighborhood, and only 5 have to go through the review process to justify having an addition; he questioned the inequity of the situation. Mr. Sokolosky noted that their proposed 460 sq. ft. addition would have zero impact in the case of a flood, as it is not blocking the direct flow line, and over 300 ft. is currently a deck. Commissioner Clarke asked if they were told about these restrictions when they moved in; Mr. Sokolosky responded in the negative, but noted that flood insurance was a pre-requisite for the mortgage. Chair Disney asked about the new construction in the area; Mr. Woodward stated that it was allowed because of the original agreement with the County and Mr. McConnell to allow any vacant lots in the original filing to be built on.

Mr. Engemoen informed the Board that the Flood Review Board had a difficult time with this request and agreed there is inequity in that non-conforming uses fall under different regulations than conforming uses; but, after much debate, they determined that it was not appropriate for them to allow construction in the floodway when the regulations clearly state that they are not allowed. Mr. Woodward added that in order to remain participants in the National Flood Insurance Program, they have to follow the guidelines and not allow construction in the floodway.

In summary, Chair Disney stated that he is very sensitive to flood plains and, in his opinion, it was very irresponsible for this subdivision to have been built in the first place and he doesn't want to send the wrong message to the citizens that the Board takes flood plain regulations lightly. Commissioner Clarke stated that he agrees and it is sad that all these new houses are built in this floodway as it is a disaster waiting to happen; he agrees, however, that it is a terrible inequity that 5 houses are subject to these rules and 200 are not.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners uphold the decision of the Larimer County Flood Review Board and deny the request for appeal of the decision made on July 16, 1997 to not allow an addition to an existing house which is located in the Flood-Way District on the Poudre River.

Motion carried 2 - 0.

The hearing recessed at 2:35 p.m.

LAND-USE PLANNING MEETING

(#234 @ 2500 & #235)

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

Chair Disney stated that the agenda item for Tri-View Estates Subdivision Right-of-Way Vacation (#97-SA1088) has been removed from today's agenda; he also noted that the following item is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. WINDCLIFF ESTATES AMENDED PLAT FOR LOTS 6 & 7, 5TH FILING,

BLOCK 1, (#97-SA1093): 10-04-73 - WEST OF ESTES PARK; 0.91 ACRES;

2 LOTS; E1- ESTATE ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings include: 1) Windcliff Estates Fifth Filing was approved in 1976; 2) The lots are relatively small for a mountain subdivision, so combining lots results in larger building sites and more open space around the dwellings; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) The existing easements on this site will remain in place. The staff recommendation is for approval of the Amended Plat of Lots 6 and 7, Block 1, Windcliff Estates Fifth Filing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Windcliff Estates, Lots 6 and 7, Block 1, 5th Filing Amended Plat (#97-SA1093), as outlined.

Motion carried 2 - 0.

2. ROSTEK SUBDIVISION VARIANCE REQUEST ON LOT 6, BLOCK 2

(#97-SA1105): 09-07-69 - WEST SIDE OF SUNSET STREET, SOUTH OF

VINE DRIVE; 1 ACRE; 1 LOT; FA-FARMING ZONING

This is a request to allow a platted lot with two existing legal, non-conforming houses, to be divided by an Amended Plat rather than a replat, as required by the Subdivision Regulations. Mr. Kadera described the location of this request and reviewed the major concerns and issues; he suggested that if the Board does grant this variance, they might consider a higher fee than the $40 fee normally charged for an Amended Plat. Staff findings include: 1) Rostek Subdivision was platted in 1930; 2) Lot 6, Block 2 is occupied by two houses which were built in 1937 and 1941; 3) The applicants have described some extenuating circumstances which they believe justify a variance to allow the lot to be divided through an Amended Plat rather than a replat; 4) The Planning Staff should not consider personal circumstances when reviewing land use applications. The Subdivision Resolution specifically requires a replat to divide lots in a platted subdivision; 5) If the Board wishes to consider the circumstances described by the applicants, the Staff recommends that an expanded version of the Amended Plat process be used to review this application as there are certain technical standards that are not generally considered by the Staff in reviewing Amended Plats. The staff recommendation is for denial of the variance to allow the division of Lot 6, Block 2, Rostek Subdivision through the Amended Plat process.

Commissioner Clarke asked why, since nothing is changing, there is a need for this review; Mr. Kadera responded that the Planning Department needs to do the full send out to the various reviewing agencies to make sure that utilities, easements, drainage, etc. are all adequate. Applicant Bruce Dewsberry addressed the Board and stated that he did a preliminary polling of the property owners in the neighborhood and he submitted a petition signed by 21 of those property owners in support of the request; he noted that the reason for this request is because the flooding situation has put a strong financial burden on them as they lost the rent income from the second residence, they have over $20,000 in repairs on the two homes, etc., and he is trying to help himself to get out of this disaster. In response to the Board's question regarding an appropriate fee, Mr. Kadera responded that given the amount of review that would be required, he thinks that $150 would be an appropriate fee to charge; he noted that a full subdivision application fee would be $4,000.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners grant the variance to allow the division of Lot 6, Block 2, in the Rostek Subdivision through an Amended Plat process rather than a Replat, and attach a fee of $150 to cover the cost of send outs to reviewing agencies.

Motion carried 3 - 0.

3. RESTHAVEN MEMORY GARDENS SPECIAL REVIEW (#97-ZR1003):

SW 1/4 24-06-69 - NORTHEAST CORNER OF U. S. HIGHWAY 287 AND

COUNTY ROAD 30; 33.95 ACRES; FA-FARMING ZONING

This is a request to develop a 9,000 square foot mortuary with a chapel, 3 staterooms, offices and other rooms on 2.7 acres of the existing Resthaven Cemetery. Chair Disney noted for the record that the Board has received a large amount of form-letter correspondence in opposition to this proposal. Ms. Michels described the proposal and reviewed the major concerns and issues; she noted that under the Comprehensive Zoning Resolution, the one area in which the application is not in compliance is in the storage of the concrete vaults on the site. Ms. Michels stated that there are currently over 3000 vaults stored in a pile six feet high and highly visible from Highway 287; she noted that it is a violation of the zoning resolution to have outside storage which is not accessory to what is happening on the site. Ms. Michels stated that this issue was discussed at length at the Planning Commission meeting and a compromise was reached and conditions were added relating to screening and removal of the vaults; those conditions were that over 600 vaults will be removed initially, extensive berming and landscaping will be required, and the remaining vaults will be removed at a rate of 200 per year. Ms. Michels noted that there is certain criteria for Special Review to determine whether the request should be approved and staff determined that this proposal would reduce traffic congestion because it will reduce funeral processions to the site, there is an existing cemetery to which this operation will be linked, there are other commercial operations in the vicinity, and the appearance of the site will be improved by the reduction of vault storage and the screening provided. Ms. Michels stated that the Colorado Department of Transportation (CDOT) agreed that this proposal will not have a great impact on the State Highway 287 flow of traffic and the City of Fort Collins agreed that the proposal is in compliance with the Plan for the Region; the City of Loveland did not comment on the project, but did not express any opposition to it. Ms. Michels submitted two additional conditions recommended by County Engineering regarding the elimination of the westernmost entrance from CR 30 and the other concerning the provision of stormwater retention or detention. Staff findings are: 1) The proposal is in compliance with Comprehensive Land Use Plan for Larimer County; 2) The proposal will be in compliance with the Comprehensive Zoning Resolution upon removal of excess vault storage; 3) The proposal meets the criteria set forth in the Comprehensive Zoning Resolution for approval of a Special Review; 4) The proposal improves air quality and road congestion by reducing the number of funeral processions to this site; 5) The proposal will not harm the public health, safety or welfare; 6) This proposal includes storage of 2400 contracted pre-need vaults. Although not in compliance with the Comprehensive Zoning Resolution, they may remain due to the pre-existing contracts and are considered an extraordinary circumstance. This is not to be considered a normal accessory use. If appropriately screened, scheduled removal and as a temporary use, the vaults are compatible with the neighborhood. The Planning Commission/staff recommendation is for approval of the Resthaven Memory Gardens Special Review, with eighteen conditions.

Questions from the Board and discussion followed; the questions related to how this use is allowed under the existing zoning, screening of the vaults, impact of traffic from/onto Highway 287, dangerous condition resulting from a left turn out of the site, etc.

David Elisberg, AIA for Sink Combs Dethlefs, noted that the storage of the vaults on this site is a pre-existing condition and the current owners were not aware of any zoning violation when they purchased the property in 1987 until the first meeting regarding this application; he noted that the vaults are made of concrete and in 1987 there were approximately 4,000 and today there are 3100 remaining. Mr. Elisberg stated that the present owner has never added a single vault, it would cost $45,000 to remove all the vaults, and that does not include bringing the vaults back when needed, and does not include breakage. Mr. Elisberg informed the Board that to screen the vaults, they will create an earth berm that wraps 350 degrees around the site. There was much discussion about the traffic concerns; Mr. Elisberg stated that most of the services will occur between 9 a.m. and 3 p.m. and last about an hour and they will probably have a service every other day, excluding Sundays, and by having the mortuary on site, it will disperse the traffic. Chair Disney asked if any consideration had been given to the only access into this site coming off CR 30; Mr. Elisberg responded that CDOT felt that after reviewing this proposal, it will actually improve the existing traffic situation on Highway 287. Mr. Sheldon stated he talked to the City of Loveland about signalization at the intersection of CR 30 and Highway 287 and he noted that there are developments being proposed on the west side of 287 that will require a signal in the future.

At this time the public comment portion of the hearing was opened and the following persons addressed the Board with their concerns: John Heaton, Jim Ringenberg, Donald Runnells, Nora Kruplak, Jeff Adkisson, and Al Chidester. Mr. Heaton, representing the Bruns Homeowner's Association, stated that the members of the association object to this proposal and noted that in reviewing the Plan for the Region between Fort Collins and Loveland, this sub-area is urban and rural/residential and the mortuary is not harmonious with the surrounding neighborhood and the proposal will have a negative effect on the neighborhood and property rights. Mr. Ringenberg, attorney from Dwyer, Huddleson, and Ray and representing Dr. Lynch, stated that $45,000 is a minimal fee to pay for removal of the vaults compared to the significant expenditure which will be incurred to build the mortuary; he noted this is a commercial operation and completely changes the configuration and intensity of the use, the traffic patterns, etc. Mr. Ringenberg noted that in 1982 the Board denied a similar request for a 7,200 sq. ft. facility for similar reasons and concerns discussed today, and to say that this proposal will only increase traffic slightly, defies common sense, and a 9,000 sq. ft. facility is huge and is going to have a great impact on an already overcrowded highway. Mr. Runnells discussed the lack of notification to the property owners of the Planning Commission hearing, and the lateness of the few postcards that were sent out, stated that is why the attendance was low at that hearing; he submitted a handout which was distributed to the homeowners informing them of the hearing today and inviting them to attend and that explains the large turn out for today's hearing. Mr. Runnells added that when people leave a funeral they are distraught and not paying attention to traffic; he also commented on the amount of black smoke he recently observed while passing by the crematorium on Riverside. Mr. Runnells stated, however, that his primary reason for being here today is the issue of runoff from the parking lot; he noted that the residents in Manor Ridge have one major problem and that is of drainage, and he did not hear any solution for solving the drainage problem and he requested that, if this request is approved, that the Board require the applicant to do something about the seepage from the reservoir. Ms. Kruplak, speaking for herself and two other homeowners, thinks the vaults should all be removed because they are a real hazard for all the kids in the neighborhood and stated that you do take your life in your hands when making a left hand turn from the site onto Highway 287. Mr. Adkisson, closest property owner to the new facility, stated that all anyone talks about at their neighborhood meetings is the seepage problem and the neighbors are concerned and have questions about the crematory; such as, will it run full time, is it going to smell, etc., and he knows that property values will be hurt. Mr. Chidester stated he has no problem with the cemetery as it exists now because it is almost invisible, except for the vaults, but he would notice a 9,000 sq. ft. building and paved parking lot.

In rebuttal, Mr. Elisberg apologized about the lack of notification of the Planning Commission hearing and noted that the two people that did come did not comment on the proposal; he noted he was totally surprised and unprepared for all the concerns raised today. Mr. Elisberg stated that actually a 9,000 sq. ft. mortuary is small and will only occupy 1/4 of one acre and there will be 34 acres of open land remaining; he noted that the structure will be a traditional one-story brick building and the reason no information has been presented about the crematorium is because it is not part of the plan, but if they ever did have one, and it is an allowable use, it would have to meet EPA requirements and they are very strict about air emissions. With regard to the storm drainage question, he noted he has worked very closely with Mr. Sheldon and noted that the North Louden Ditch is basically dry, unless someone who has ditch rights requests water for irrigation. With regard to the increase in traffic count and traffic issues, Mr. Elisberg believes they have done their homework and actually will have a safer environment than currently exists; he stated he does not believe that this owner was ever aware there was a zoning violation resulting from the vaults and they are trying to make a bad situation better by screening them. Mr. Elisberg stated that this request if for expansion of an allowed use which will serve the community and he noted that it is will not be a regional facility per se. Commissioner Clarke asked what has been planned in the design for expandability of this building; Mr. Elisberg responded that no expansion of this building is planned.

At this time the public comment portion of the hearing was closed and opened for Commissioners' remarks; Chair Disney stated that his primary concern is the lack of adequate traffic information and his secondary concerns are about the creeping commercialization in the corridor and that this type of use is not compatible with the existing residential uses. Commissioner Clarke stated that he too is concerned about the traffic impact, especially turning left onto Highway 287, and even though there is not a crematory planned for now, on page 25 of the staff report it says that SCI wishes to reserve the right to erect a crematorium at some point in the future on the site; in summary, Commissioner Clarke stated that the real problems to him are: the crematorium, the traffic, and the zoning violation caused by the outdoor storage of the vaults.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners deny the Resthaven Memory Gardens Special Review (#97-ZR1003).

Motion carried 2 - 0.

The hearing adjourned at 5:20 p.m.

TUESDAY, AUGUST 26, 1997

ADMINISTRATIVE MATTERS

(#236)

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: Bruce Biggi, GIS Manager; Ed Schemm, Assistant Director Environmental Health; Dave Dubois, Northern Colorado Water Quality Group; Bob Keister, Budget Manager; Myrna Rodenberger, Larimer County Clerk & Recorder; Russ Ragsdale, Clerk & Recorder Chief Deputy; Mary Skipworth, Interim Elections Supervisor; Deni LaRue, Community Information Officer; Donna Hart, Commissioner's Office Staff Services Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: State Representative Steve Tool and former Mayor of Fort Collins Susan Kirkpatrick, Co-Chairs of the Citizens Committee for the Courthouse and Jail Ballot Issue. Rep. Tool stated that their purpose for being here today is to request the Board to seriously consider combining the Fort Collins and Loveland Courthouse issues into one ballot issue for the election in November; he stated that the feedback he is getting from citizens is very strong that they should be combined and Representative Bill Kaufman and Senator Stan Matsunaka also support this suggestion. Ms. Kirkpatrick stated she supports Senator Tool's plea and she noted they had a very fine Citizen's Committee meeting last night and the momentum is really building; however, they had a presentation of polling results on this question and there was a resounding mixed message received. She thinks it is going to be a tough election because this is not a "fun" issue and either way it is going to be tough. Commissioner Olson stated that after the last election there was a very clear message that the voters wanted a menu and choice; Rep. Tool responded that they want two choices instead of 3. Questions from the Board and much discussion ensued regarding if funding would be lowered if the two issues were combined; Chair Disney stated that a strong selling point for keeping them separate was because the tax would go away quickly and he doesn't like giving the perception that the Board is waffling. Commissioner Olson stated she has real concerns with the Board changing their mind at the last minute. Rep. Tool asked the Board to listen to Bill Kaufman and Stan Matsunaka before making their decision regarding this matter. Ms. Kirkpatrick assured the Board that whatever they decide, the Citizens Committee will work hard in support of the facilities issue.

2. APPROVAL OF MINUTES FOR THE WEEK OF AUGUST 18, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of August 18, 1997, as submitted and amended.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF SEPTEMBER 1, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of September 1, 1997, as submitted and amended.

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 on Document Review for August 26, 1997:

MISCELLANEOUS DOCUMENT: Social Services Warrant Register for July 1997. LIQUOR LICENSES: Licenses were issued to the Marriott Management Services Corp. - 6% - Fort Collins, CO. and Dunraven Inn - 6% - Estes Park, CO. County approval was granted to: Larry's Southwest Liquor - 6% - Loveland, CO. and a Waive of Hearing for a 3.2% SPECIAL EVENTS PERMIT for the Loveland Sertoma Club, Inc. for October 10, 11, and 12, 1997.

A97-134 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND AL AND KAY VON METZGER

(Renewal of Lease for Office Space at 418 E. 4th Street)

A97-135 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD FOR COLORADO

COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

SYSTEM (Authorization of $20,000 in Scholarship Vouchers for

Job Training Partnership Act Eligible Adults)

A97-136 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND RUDOLF FRANK, ETAL

FOR MARY'S LAKE ESTATES

R97-122s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

MARY'S LAKE ESTATES

R97-123z LARIMER COUNTY ZONING RESOLUTION AMENDMENT

FINDINGS AND RESOLUTION CONCERNING THE PETITION OF

THE LARIMER COUNTY PLANNING DEPARTMENT FOR

SIGHTSEEING/TOUR FLIGHTS

R97-124g RESOLUTION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND RANCH ENTERPRISES (Open Lands

Purchase)

Motion carried 3 - 0.

5. REQUEST FOR GIS & MAPPING SERVICES ASSISTANCE:

Mr. Biggi stated that GIS and Mapping Services has been asked by the Big Thompson River Watershed Forum through Dave Dubois of Northern Colorado Water Quality Group to participate in a data sharing cooperative pilot program; he noted that the EPA is willing to provide $10,000 in funding to the Big Thompson River Watershed Forum and Earth Watch is willing to provide satellite data imagery. Mr. Biggi stated that two issues need to be considered: 1) Are we politically capable of drawing a distinction between the Big Thompson River Watershed Forum and the Big Thompson Land Use Planning Forum; and 2) GIS & Mapping Services is in its infancy and it will be several months before they could provide the level of services they anticipate. Commissioner Clarke asked what this does to their overall work plan; Mr. Biggi responded that right now they are about to enter a major work phase (data conversion) and this will take 9 months and hopefully this request for service won't be until after that time. Mr. Dubois stated that he doesn't think this will be a problem. Commissioner Clarke asked how do we get paid; Mr. Dubois responded that he doesn't have an answer now because they don't know who all is going to participate, but they are not asking for any money. Chair Disney cautioned that if the facilities issue doesn't pass this November, this request will definitely not be approved. CONSENSUS OF THE BOARD was to approve the request from Big Thompson River Watershed Forum and the Northern Colorado Water Quality Group for GIS and Mapping Services to participate in a data sharing pilot.

6. APPROVAL OF CONTRACT WITH GLOBAL ELECTION SYSTEMS:

Mr. Keister prefaced the discussion by reminding the Board that they have been budgeting for this goal for three years and have $550,000 set aside right now; he noted that their objective was to reach the total of $900,000 to $1 million by next year and by approving the contract we will be committing ourselves to the balance which they would have been budgeting for next year anyway. Mr. Ragsdale recommended the Board approve the contract with Global Elections System because it will expand the capabilities to put multiple issues on the ballot. Mr. Ragsdale offered to bring the vendor in to talk to the Board in a week or two if the Board would like to talk to him; they indicated they would like to hear what he has to say about the new system. Mr. Keister wanted it noted in the record that they have saved for this expenditure so nothing is being cut to buy this new election system.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the contract with Global Election Systems, Inc. ($550,000 due now and $348,712 due in January 1998), and authorize the Chair to sign same.

Motion carried 3 - 0.

C97-42 ELECTION TABULATION COMPUTER SYSTEM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

GLOBAL ELECTION SYSTEMS, INC.

7. PROPOSAL FOR TRAINING AND FEMA CONSULTING SERVICES:

Mr. Gluckman stated that those involved directly with the flood have done a good job responding to the emergencies; however, he noted that we are weak in the recovery area because we don't have a plan for recovery, which usually comes with experience. Mr. Gluckman stated that Emergency Management Specialist Eric Nilsson said he needs to write a recovery plan, but it would be beneficial to hire a consultant to help us with FEMA in the recovery process; he noted that they have had some very high recommendations from the City of Fort Collins saying they will probably receive more money by having a consultant. Mr. Gluckman stated that the consensus of the Task Force is to recommend the County piggy back on the City of Fort Collins' contract with KPMG, which allows us to do it right away rather than go through the RFP process. Mr. Gluckman stated that they will help us with training so we understand how to work with FEMA and help us put together a process and instructions for recovery; he noted that the recovery process is very bureaucratic and he thinks this would be a wise investment.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve funding to provide training and FEMA consulting services to County staff and authorize up to $12,200 from the Commissioners' Special Projects Fund to piggyback on the City of Fort Collins contract with KPMG.

Motion carried 3 - 0.

8. WORKSESSION:

-- Cabinet Meeting for August 28, 1997: Mr. Gluckman reviewed the following Cabinet meeting agenda items with the Board and asked if there were other subjects to discuss: Facilities, Courthouse Security, Campaign Reform Act, Discussion of Budget B; he also noted that a Benefits consultant will be attending the meeting to discuss the County's Medical Insurance for early retirees.

-- Learning Communities Training: Commissioner Clarke stated he talked to CSU President Al Yates about the Learning Communities Training and he is recommending that two people be sent from the County for this training; the recommendation is to send Ralph Jacobs and Doreen Kemp from Human Resources at a cost of $1,000 and Commissioner Clarke recommended we do this to help improve customer services. CONSENSUS OF THE BOARD was to agree with the recommendation.

-- Agenda for Joint Meeting with Fort Collins City Council: Mr. Gluckman submitted the agenda for the joint meeting with the City of Fort Collins on August 28, 1997 for the Board to review.

-- Flood Support Appreciation Letter: Ms. LaRue submitted a thank-you letter for the Commissioners to sign expressing thanks to the valued County employees for their efforts during the recent flooding in Fort Collins and Larimer County.

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

9. COMMISSIONER REPORTS:

-- Chair Disney suggested that Director of Planning Larry Timm and Senior Planner Jill Bennett should be involved in the Joint Planning Committee meeting with the City of Loveland and the Thompson R2-J School District.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Code Enforcement Officer John Pedas, and Right-of-Way Agent Jerry White joined the meeting for Legal Matters.

10. LEGAL MATTERS:

-- Findings and Order for Drink-N-Dawg Tavern: Mr. Hass requested the Chair's signature on the Findings and Order in the matter of B.G.'s, Inc., dba Drink-N-Dawg Tavern; this document orders the Tavern Liquor License for this establishment to be suspended for a period of 30 days following the hearing on August 19, 1997.

-- Request for Chair's Signature on Affidavit: Ms. Haag requested the Chair to sign the Affidavit concerning a lost Promissory Note to release a Deed of Trust without posting bond.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve an Affidavit concerning a lost Promissory Note dated October 2, 1992 in the principal amount of $13,731.10, executed by Kathryn Dugdale Aron and Kathryn Dugdale, to release a Deed of Trust, and authorize the Chair to sign same.

Motion carried 3 - 0.

D97-32 AFFIDAVIT FOR RELEASE OF DEED OF TRUST

-- Request for Approval of Four Resolutions Calling for Election for GID: Ms. Haag requested Board approval of four resolutions and certifications of the ballot question calling an election in November, 1997 for four general improvement districts.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the four resolutions calling for an election and certifying the ballot question for Larimer County Country Meadows GID #17, Venner Ranch Estates GID #18, Kitchell Subdivision GID #16, and Skyview South Subdivision GID #15, and authorize the Chair to sign the documents.

Motion carried 3 - 0.

R97-125d RESOLUTION CALLING AN ELECTION FOR LARIMER

COUNTY COUNTRY MEADOWS GENERAL IMPROVEMENT

DISTRICT NO. 17

R97-126d RESOLUTION CALLING AN ELECTION FOR LARIMER

COUNTY VENNER RANCH ESTATES GENERAL

IMPROVEMENT DISTRICT NO. 18

R97-127d RESOLUTION CALLING AN ELECTION FOR LARIMER

COUNTY KITCHELL SUBDIVISION GENERAL

IMPROVEMENT DISTRICT NO. 16

R97-128d RESOLUTION CALLING AN ELECTION FOR LARIMER

COUNTY SKYVIEW SOUTH SUBDIVISION GENERAL

IMPROVEMENT DISTRICT NO. 15

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to discuss potential and pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:10 a.m.; no action taken.

PUBLIC HEARING FOR LONG VIEW DRIVE LID

(#237)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing in Estes Park, Colorado to consider the formation of the Larimer County Local Improvement District #1997-2 for Longview Drive. Chair Disney presided and Commissioner Clarke was present. Also present were: Rex Burns, Special Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.

Chair Disney called the hearing to order, introduced staff, and stated that the purpose of tonight's public hearing is to consider the formation of the Larimer County Local Improvement District No. 1997-2 for Longview Drive and to adopt a resolution declaring said district to be formed, organized and established; he stated that if the district is approved and formed tonight, it will be on the November ballot to be voted on by the property owners in the district. There were 20 people in attendance for tonight's hearing.

Mr. Burns described the location of the district and summarized the improvements to be made; he noted that the cost of the district will be paid by municipal bonds issued by the County and the estimated assessment for each lot is $2,622.00, which includes a 20% contingency.

Ms. Martell stated that there are 84 lots in the district and the petition requesting formation of the district was signed by 57 (68%) of the property owners; she noted that 80 of those lots will receive an assessment of $2,622 and four lots will receive an assessment of $1,311 because they are on corner lots and front on two streets and only one street is being improved. Mr. Burns stated that if the project is approved in November, the Engineering Department will proceed to design the improvements and bring the project to bid in the spring of 1998 for construction during the summer and the first special assessments will be due in January 1999.

The following persons addressed the Board and asked questions; all of the questions requested further clarification regarding the improvements to be made and none of the questions were in disagreement or in opposition to the district: Mary Ohlsen, Gretta Hodges, Dorothy Refsell, Bob Hodges, Tim Coakley, Eugene McKenna, and Carolyn Richards. In answer to the question about black topping the driveways at the time of construction, Mr. Burns responded that the County will not do the black topping, but will hire a contractor to pave the public streets and make arrangements with him that individual property owners may contract with him to have their driveways paved at the same time. Those persons interested in having their driveways black topped are to give their names to Ms. Martell after the hearing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the adoption of the resolution creating the Larimer County Local Improvement District No. 1997-2 for Longview Drive, and authorize the Chair to sign same.

Motion carried 2 - 0.

R97-129d RESOLUTION CREATING THE LARIMER COUNTY LOCAL

IMPROVEMENT DISTRICT NO. 1997-2 FOR LONGVIEW DRIVE

IN THE COUNTY OF LARIMER

The hearing adjourned at 7:30 p.m.

________________________________________________

JIM DISNEY, CHAIR

LARIMER COUNTY BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.