Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 15, 1998

LAND-USE PLANNING MEETING

(#342)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Russell Legg, Chief Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

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

1. WINDCLIFF ESTATES 5TH FILING, LOT 10 AMENDED PLAT

(#98-SA1243): 10-04-73; .0.69 ACRES; 1 LOT; E1-ESTATE ZONING

This is a request for an Amended Plat to divide Lot 10 of Windcliff Estates 5th Filing. Division of Lot 10 will create two lots being 0.33 and 0.35 acres. Staff findings include: 1) The proposed Amended Plat is in compliance with the Larimer County Master 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.

The staff recommendation is for approval of the Amended Plat of Lot 10 of Windcliff Estates 5th Filing, subject to the following conditions: 1) All corrections as requested by the County Surveyor shall be completed prior to document review of the Amended Plat; 2) Each lot/dwelling unit will require a service tap as required by the Windcliff Water Association.

2. WYNDHAM HILL PLANNED UNIT DEVELOPMENT PHASE I RELEASE

OF COLLATERAL (#94-MS0428): NW 19-06-68 - AT THE SOUTHEAST

CORNER OF COUNTY ROAD 32 AND COUNTY ROAD 13 (LEMAY),

SOUTH OF GREENSTONE PUD AND WEST OF PATTERSON POINT

PUD

This is a request for release of collateral for Wyndham Hill Planned Unit Development Phase I. Staff recommendation is for approval of the request to release the collateral for Wyndham Hill Planned Unit Development Phase I with the condition that warranty collateral be provided as all required improvements have been completed.

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 Windcliff Estates 5th Filing Lot 10 Amended Plat (#98-SA1243), and the Wyndham Hill Planned Unit Development Phase I Release of Collateral (#94-MS0428); each, with the conditions as outlined.

Motion carried 3 - 0.

3. LYONS AREA COMMUNITY AND RECREATION DISTRICT SERVICE

PLAN (#98-RR1219):

Mr. Helmick stated that he was advised by phone last week by Dave Lock that the Lyons Service Plan proposal is being withdrawn at this time as they were receiving less than favorable response on the second survey; he noted that Mr. Lock did indicate that a scaled back version of the service plan will probably be submitted next spring. Mr. Helmick informed the Board that he will be working with Ms. LaRue, Community Information Manager, to send out a press release to run in the Loveland and Estes Park newspapers to advise people of this withdrawal, and the Commissioners' Office is going to send a letter to the individuals who have written the Board, either in opposition or in favor or requesting exclusion from any proposed district, so they receive specific notice of the withdrawal and there will be no public hearing at 7 p.m. on July 13, 1998. Commissioner Disney recommended that a press release also be sent to the Berthoud Recorder.

The meeting recessed at 3:05 p.m.

CONTINUATION OF LAND-USE HEARING

(#342 @ 200)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Jim Reidhead, Director Rural Land Use Center (RLUC). Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Larry Timm, Director of Planning; Brenda Gimeson, RLUC Technician; Rex Burns, Project Engineer; Jerry Blehm, Director Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. PETERSBURG FARM PRELIMINARY RURAL LAND PLAN (#98-EX1199):

S 1/2 OF 31-05-69 - 4 MILES WEST OF STATE HIGHWAY 287 AT

CAMPION ON COUNTY ROAD 14 AT THE INTERSECTION OF

COUNTY ROAD 23; 316 ACRES; 18 LOTS; FA-1 FARMING ZONING

Mr. Reidhead introduced Tom VanVelson, Chair RLUC Advisory Board, and Gene Schoonveld, and Betty Anderson, members of the Advisory Board; he noted that the request tonight is for Preliminary Approval to divide 316 acres in the following manner: 18 units of approximately 5 acres each for a total of 90 acres and approximately 226 acres of open space made up of wetlands, cropland, and native pasture, all protected by a conservation easement in perpetuity. Mr. Reidhead provided an overview of the project, reviewed the major issues and concerns, and described the property and surrounding uses of the land; he noted that two community meetings were held for this project and that this project has been responsive both to the neighbors and to the community. Mr. Reidhead stated that at the first meeting there were some issues of vital concern to the developer, the homeowners' association of the Bonnell West Subdivision, and the homeowners in the 35-acre parcels in the area; those issues basically dealt with unpaved roads, septic systems, covenants, lack of plans to pave CR 23, open space buffer, etc. Mr. Reidhead said that at the end of the first meeting, these concerns were unresolved; however, a second meeting was held on June 2, 1998 and after three hours of presentations, discussions and negotiations, an agreement was reached between the applicant, the homeowners' association, and the neighbors on the 35-acre parcels. Mr. Reidhead reviewed the changes to the plan, noting that the neighbors would support an increase in the number of residential units if that would generate enough revenue to chip and seal all the roads from CR 23 throughout the subdivision, and also the applicants wholeheartedly supported the assessment of a road impact fee that would accelerate the pavement of CR 23 in this area. Mr. Reidhead continued that by the applicant agreeing to purchase four acres of land in order to meet the requirements of the RLUP to have 315 acres, which comes out to nine 35 units, the neighbors supported a 100% density bonus in order to get the things that were important to them. Mr. Reidhead informed the Board, however, that the Rural Land Use Advisory Board just took a straw poll an hour ago on the changes made to this project and they voted 6 against the project and 3 for it; he noted that previously the RLUAB voted 6 to 2 in favor of the original proposal. Mr. Reidhead stated that the main reason the vote changed from approval to non-approval is because it was felt by some members that the additional units were uncalled for and that the conservation values were insufficient to justify the density bonus, and they also felt that undue influence was placed on the applicants by the neighbors to reconfigure their plan.

At this time, Mr. Reidhead read aloud the letter to the Board dated June 5, 1998 from James L. Crowder, developer of Bonnell West, stating that after the 3-hour neighborhood meeting, a consensus agreement was reached regarding the Petersburg Farm project. Mr. Reidhead reviewed the agreement and the benefits to the community, immediate neighborhood, and the community at large, which is Larimer County. Mr. Reidhead wanted it noted in the record that one of the RLU Board members felt strongly that even though the size of the residual land was similar between this plan and the other, the function of the residual land was somewhat impaired because the configuration was significantly changed. Questions from the Board and discussion followed.

Staff findings are that this proposal is consistent with the policies of the Rural Land Use Process: 1) The 9 single-family residential units (resulting from collaboration with Mr. Crowder and Bonnell West Subdivision) possible under the current FA-1 zoning of the property, the density and proximity of the residential development immediately to the north, and the general development pressure within the immediate area, especially use-by-right 35-acre division of land, support our belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 2) The site-based incentives (9 density bonus units, or 100%) provide the landowners with roughly equivalent benefits that they would obtain through dividing their property into individual 35-acre tracts, particularly in light of the request of the neighbors to improve roads to a standard higher than required by the RLUP, with the knowledge that doing so would most likely increase the density of the project. As proposed, this project will also provide commensurate benefits to Larimer County, both immediate neighbors and citizens in general. Those benefits are summarized below: a) Opportunity for neighboring landowners to review and influence the proposed development; b) Improvement of internal roads and public roads per neighbors request; c) Collaboration to solve joint infrastructure problems per Larimer County Code recommendations; d) Wetlands preservation and enhancement to be planned in consultation with Mr. Terry McKee, Army Corps of Engineers; e) Perpetual conservation easement on 226 acres of agricultural land with comprehensive management plan; monitored by local land trust; f) Strict residential livestock management plan and re-vegetation of damaged range land included in HOA covenants under supervision of Mr. John Fusaro, USDA/NRCS range land specialist; g) Preservation of imperiled plant species, Bell's Twinpod, in cooperation with Mr. Steve Kettler, Colorado State Natural Heritage Program; h) Large expanse of open land visible from public road (similar in effect to that of the Cathy Fromme Natural Area along Taft Hill Road); i) Strict HOA covenants with architectural controls; j) Homes kept off of ridgelines with a large percentage of homes hidden from conspicuous view of public roads, and homes located along south property line, behind and in line with two existing residences located on neighboring 5-acre lot; k) Reduction without down zoning of number of residential units allowed under current FA-1 zoning; of particular significance in light of the considerable development pressure in the area, influences in large part by nearby Boulder County; 3) RLUC staff originally supported the Petersburg Preliminary Rural Land Plan based on the applicants' planning and design rationale for the location of the project's additional residential units, preliminary plat redesign resulting from collaboration at the second neighborhood meeting, and the potential for continued agricultural use of the residual land. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review; 4) The plan is compatible with the existing neighboring land uses; 5) A RLUP final fee of $600 will be collected for each new dwelling unit constructed at the time of building permit issuance; a note to this effect to be placed on the plat.

Applicant Ray Petersburg addressed the Board and stated that, in his opinion, this land lends itself to the RLU process; he described the plan, the changes, and the differences between the two proposals. Mr. Petersburg stated that they want this project to have a sense of community and they have agreed to covenants as strong or stronger than Bonnell West; he did note that the agreement truly was a compromise for them as they lost some prime view lots on the north side and they have about an extra 4000 ft. of utilities to run from the east to service the lower lots. Chair Olson asked Mr. Petersburg if he is in total agreement with the extra requirements that are coming out of the neighborhood meetings because to her it sounds like some of the RLU Board members did not vote against the project but against what he was being required to do; Mr. Petersburg responded that he is all right with the changes. Mike Tremblay, President Bonnell West Homeowner's Association, stated that the Bonnell West Board of Directors wholeheartedly concur with this project now and referred to their memo and agreement dated June 8, 1998; when questioned, Mr. Petersburg reiterated that he is in agreement with the conditions as listed in the memo.

The recommendation of the Rural Land Use Center Director and Staff is for approval of the Petersburg Farm Preliminary Rural Land Plan. The following contingencies must be met prior to approval of Final Plat by the Board of County Commissioners: 1) Issuance of a Larimer County Road Access Permit before the access to CR 23 is constructed; the access must be in accord with the Larimer County Access Policy; 2) Approval of final engineering designs, including design of utilities, hard-surfacing of roads, emergency access design and control (in cooperation with Loveland Fire Prevention Bureau), ROW dedication, drainage, and stormwater plan, before Final Plat submittal; 3) Demonstration of adequate water service provided by Little Thompson Water District; 4) Preliminary soil testing to demonstrate soil suitability for on-site sewage systems; 5) Conservation easement and management plan review and approval before final plat; 6) Tenant house on farmstead lot cannot be separated from (sold off of) the farmstead lot. This shall be indicated on the final plat; 7) Review and approval of final development agreement by County Attorney; 8) The following notes shall also be included on the final plat: a) Mosquitoes: The County does not have a mosquito control program; any spraying or other control will be the responsibility of the property owners; b) Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more built-up areas. Lot owners should be aware of these occurrences. The County is not able to mitigate nuisances if they develop, although information on managing these issues is available. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do; it does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; c) Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; d) Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture; e) Engineered footing and foundations shall be required on all structures; f) The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt for a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; g) Road fees of approximately $2,100 per residence shall be paid at the time of building permit, as required by the Engineering Department; h) Park fees shall be paid at the time of building permit issuance; i) RLUP fees shall be paid at the time of building permit issuance; j) A fire hydrant with a minimum fire flow of 500 gallons per minute at 20 psi residual be provided no more than 400 feet from every structure, at an 800 foot spacing; 9) Homeowners' covenants, including architectural controls, will be reviewed prior to final approval; 10) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; 11) Owner or real estate professional shall provide purchasers of residential lots and the Farm with Code of the West at time of real estate closing; 12) The applicant and Bonnell West will enter into an agreement consistent with the terms of the memo dated June 8, 1998 from the Bonnell West Board of Directors.

At this time, the public comment portion of the hearing was closed and opened for Commissioner's comments: Chair Olson asked how many miles of road are being considered for chip and seal; Mr. Burns responded 1/2 mile on CR 23 and 1/3 mile on CR 14. Commissioner Clarke stated that the changes that have been made have resulted in a great improvement because of the buffering; however, he is concerned about the overall density bonus given, but some tremendous improvements to air quality will be evident because of the double chip sealing of these roads. Also, he noted that the FA-1 Farming zone does allow, even with the constraints of the ridge, wetlands, etc., a much more intense development. Commissioner Disney stated that in looking at the map and comparing this project with Bonnell West, this project is much more friendly and this project is compatible with existing adjacent land uses. Chair Olson stated that she concurs with her colleagues and noted that it was important for her to hear Mr. Petersburg say that he was in agreement with the changes.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the Rural Land Use Center/Staff recommendation and approve the Petersburg Farm Preliminary Rural Land Plan (#98-EX1199), with the conditions as outlined and amended, and direct Ms. Haag to clarify the language to insure that impact fees of $2,100 for lot not be increased by adoption of any future transportation impact fees.

Motion carried 3 - 0.

The hearing adjourned at 8 p.m.

TUESDAY, JUNE 16, 1998

ADMINISTRATIVE MATTERS

(NO TAPE - ELECTRICITY OUT)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Ginny Riley; Director Human Services; Joni Friedman, Director Employment & Training Services; John Pedas, Code Enforcement Officer; Stu VanMeveren; District Attorney; Judge William Dressel; Carla Turner and Brian Erickson, Youth Services Bureau; Kathy Snell, Director Health & Human Services; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Phil Hein discussed a health and environmental issue with the Board; he noted that for 25 years he has lived two miles east of I-25 on Highway 402 adjacent to a large dairy that milks between 400-500 cows which generates a tremendous amount of manure. Mr. Hein stated that the problem accelerated when a person from Hudson was hired to come to the site to process the manure; he submitted photos and described the process, noting that their machine agitates the manure for several weeks before it is hauled off and the smell, dust and flies are terrible and he also is concerned about the drainage into the ditch. Mr. Hein described some other problems and he asked if there are regulations for dairies; he noted that he talked to the Health Department and was told to come talk to the Commissioners. Mr. Lancaster suggested that Mr. Hein talk to Rich Grossman in Environmental Health about compost regulations and Mr. Pedas will also help him.

2. APPROVAL OF MINUTES FOR WEEK OF JUNE 8, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of June 8, 1998, as submitted and amended.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF JUNE 22, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of June 22, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the consent agenda on Document Review for June 9, 1998:

MISCELLANEOUS DOCUMENTS: Financial Operation Procedure for Use of Nonprofit Corporation for Pass Through Funding; Amended Plat of Eagle Lake 1st Filing, Lot 14 and 6th Filing, Lot 65; May 1998 Check Warrant Register for Human Services. LIQUOR LICENSES: County approval was granted for a Special Events Permit for Vajradhatu Dharma Center - 6% - Red Feather Lakes, CO. A license was issued to Chandler Farrell Ventures, Inc. dba Hickory House South - 6% - Fort Collins, CO.

A98-91 AGREEMENT FOR POSSESSION AND USE BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND KIRK DEAN WILSON

(Acquisition of Permanent Drainage Detention Easement for Construction

of a Stormwater Detention Facility)

A98-92 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON COUNTY

ROAD 162 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND CAMPBELL DEVELOPMENT, INC.

A98-93 AGREEMENT CONCERNING IMPROVEMENTS AT 502 WEST

LAUREL, FORT COLLINS, COLORADO BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND FIVE EIGHTEEN LAUREL

PARTNERSHIP (Temporary Construction Easement for Repairs)

A98-94 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CITY OF FORT COLLINS, COLORADO THROUGH LARIMER

COUNTY EMPLOYMENT AND TRAINING SERVICES

C98-23 PURCHASE OF SERVICE CONTRACT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND FRANCIS GAEBLER, PSY.D

AND RAINA DENMARK, PSY.D (Provision of Case Specific

Consultation Regarding Families for Dept. of Human Services)

R98-90g RESOLUTION ESTABLISHING THE LARIMER COUNTY WEED

CONTRACT ENTERPRISE FUND

R98-91s FINDINGS AND RESOLUTION APPROVING THE VACATION

AND RELOCATION OF AN EXISTING ACCESS EASEMENT IN

THE CRYSTAL LAKES 8TH FILING SUBDIVISION

R98-92s FINDINGS AND RESOLUTION APPROVING BRIANNA LANE/

SURI TRAIL STREET NAME REQUEST

R98-93s RESOLUTION REGARDING RELEASE OF COLLATERAL

FOR KINTZLEY PLANNED UNIT DEVELOPMENT 3RD FILING

R98-94s FINDINGS AND RESOLUTION APPROVING THE MARSH

ESTATES AMENDED PRELIMINARY RURAL LAND PLAN

R98-95s FINDINGS AND RESOLUTION APPROVING THE AMENDED

PLANNED UNIT DEVELOPMENT OF VISTA VIEW ESTATES

AND AMENDED PLAT OF LOTS 14, 15, 16 & 52

R98-96g RESOLUTION REGARDING PURCHASE OF COYOTE RIDGE

EXPANSION TRAIL AND CONSERVATION PROJECT

(Boots, Ltd. - Seller)

Motion carried 3 - 0.

5. TANF WORKS PROGRAM POLICIES: Ms. Friedman requested Board approval of the Larimer County (TANF) Works Program Policies; she noted that these policies have been developed over the past six months and already piloted and Human Services and Employment & Training Services wish to have these policies become a formal part of their plan. Ms. Friedman and Ms. Riley briefly reviewed the policies and noted that the State may want further discussion with them regarding these policies; however, the first step is for the Board to approve them.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the policies for the Larimer County Works Program, as requested.

Motion carried 3 - 0.

6. WORKSESSION:

-- County Seat for a Day in Glen Haven: Ms. LaRue submitted a menu for the Board to select their dinner for this Thursday evening when the Board goes to Glen Haven for County Seat for a Day; she also reviewed the list of attendees expected that evening.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

7. COMMISSIONER REPORTS:

-- Commissioner Disney stated that Meg Corwin of Smart Trips informed him that she is having trouble getting a permit for the Metric Century Ride; he suggested that the Board call the Sheriff's Department and say that intersection control is not needed for this Ride. Commissioner Disney submitted the Annual Report from Smart Trips.

-- Commissioner Disney recommended the Board review the booklet 'Jefferson County Alternative Conservation Today', which all the Commissioners received regarding how the Rural Land Use Process might be tweaked.

-- Commissioner Disney stated he received a memo from Bob Felsburg, Transportation Consultant for the North Front Range Transportation and Air Quality Planning Council, regarding the new funding formula for the Front Range Plan, noting that there were some policy changes that needed to be made.

-- Commissioner Clarke reported that he and Mr. Gluckman attended the Larimer County/City of Fort Collins, Poudre R-1 School District Liaison meeting this morning and noted that they are going to have a meeting on June 30, 1998 and the Fossil Creek land acquisition might be discussed; because the Board has other commitments that evening, he recommended that one of our staff attend to represent the County. It was decided that either Mr. Lancaster or Mr. Gluckman will attend.

-- Commissioner Clarke reported on the Colorado Counties, Inc. (CCI) Summer Conference he attended in Crested Butte, Colorado last week; he noted that changes were made to the Bylaws, but not to the Articles of Incorporation because 41 Counties need to be present to change the Articles and only 40 were present. Commissioner Clarke noted that a resolution was presented supporting the South Platte River Protection Plan opposing designation as Wild and Scenic.

-- Commissioner Clarke stated that Bill 1256 is going to be debated and argued in August in special session by the Legislature; he noted that if the Bill were to be approved by the voters this Fall, over a 10-year period, we would be looking at an additional $4.5 million for roads. Commissioner Clarke continued that one of the speakers at the Conference was Justice Hobbs, of the Supreme Court of Colorado, and he has written what Commissioner Clarke considers to be one of the best explanations of water law.

-- Commissioner Clarke stated that there was one speaker, who was a National expert, who made it very clear that there is absolutely no benefit, except to change the structure of our County government, for Larimer County to go to a system of Home Rule and we would gain no authority to enact additional impact fees.

-- Chair Olson stated that she attended the Public Works staff meeting last week and learned that they had previously met with Information Management System discussing the RIMS project; she noted that it appears to her that their pavement management system, the RIMS project, and the street locator of other departments all tie together and need to be coordinated, including funding.

-- Chair Olson stated that one of the things the Board is going to hear from Scott Cornell regarding the new road standards at the July 9 worksession is that there are some administrative problems which have to do with the Sierra Computer Software.

8. JUDGE DRESSEL TO DISCUSS DRUG COURT: Subsequent to last weeks meeting in which the Board decided not to approve waiving the 13% indirect cost assessment, Judge Dressel stated that the purpose of meeting with the Board today is to ask for reconsideration of those costs for six months and to waive assessing that against the grant for that period of time. Judge Dressel acknowledged that these are legitimate costs, and he appreciates the Board's policy; however, this project is different as this is a partnership of community resources and the grant could not have been prepared if they had not had the input and work of the Youth Services Bureau. Judge Dressel stated that the project itself is not creating new business, it is looking at the way they are addressing juveniles and substance abuse and every agency working on this partnership is already working with the juveniles and on substance abuse and with this program and Drug Court, they will be trying a different approach. District Attorney VanMeveren stated that Larimer County is on the cutting edge of something with the Drug Court as there are only 25 in the Country and they have been informed that Congress is going to put forth lots of money toward Drug Court programs. Judge Dressel gave a quick overview of the funding and it was determined that 13% of indirect costs would be approximately $5,200; Mr. Lancaster stated that one option to consider would be to use some of the seed money from our grant writer, Lorrie Wolfe. Ms. Snell stated that she spoke to Ms. Wolfe and that amount of money is available and it is seed money to be used for this type of purpose. The Board concurred that this is a solution for providing funding to cover the 13% indirect cost assessment for the Drug Court and since this is budgeted money, a motion to authorize this funding is not necessary.

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

9. LEGAL MATTERS:

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 11:25 a.m. to discuss potential litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:40 a.m.; no action taken.

The Board of County Commissioners reconvened at 2:05 p.m. for an Executive Session.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners to into Executive Session at 2:05 p.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session adjourned at 3:25 p.m.; no action taken.

PUBLIC HEARING REGARDING OF WEST VINE

STORM WATER UTILITY FEES

(#344, #345, & #346)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing regarding the West Vine Storm Water Utility Fees. Chair Olson presided and Commissioner Clarke was present; Commissioner Disney was attending a meeting in Loveland tonight. Also present were: Rex Burns, Special Improvement District Administrator; Lisa Dunn, Project Engineer; Bob Smith, Manager City of Fort Collins Storm Water Utility; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the purpose of tonight's hearing is to consider the adoption of monthly fees for the West Vine Storm Water Utility and to provide an opportunity for citizens to comment on same; there were approximately 100 people attending tonight's hearing. Mr. Burns reviewed the background and history of drainage problems in this area; he noted that 1 1/2 years ago, in response to problems to on-going drainage and flooding problems in the West Vine Basin, the Board signed an IGA with the City of Fort Collins which provided for the County and City to cooperate in stormwater management and, subsequently, Ms. Dunn, a graduate Civil Engineer, was hired. Ms. Dunn thanked everyone for coming tonight and gave a presentation and explanation of the West Vine Storm Water Basin; she described the boundaries of the Basin noted that their are numerous problems throughout the entire Basin. Mr. Burns stated that the City in its stormwater planning throughout the City has established a Master Plan for each of the nine basins currently under its jurisdiction. Mr. Smith described the concept of a stormwater utility, noting that it is a utility similar to a water, sewer or light and power utility. Mr. Smith stated that the City did a number of Master Plans since the late 1970's and West Vine, including West Vine, and Larimer County was a participant in the development of that Master Plan and the City adopted drainage fees in 1983 for this area are collected with the utility bill and include maintenance and construction of facilities, and long-range planning. Mr. Smith stated that the City looked at ways of financing these improvements, i.e., sales tax, mill levy, and utility fees; they decided to go with the utility fee because each property in the Basin is treated equally and everybody participates. Ms. Dunn submitted several letters from residents in the area that could not attend tonights' hearing listing their concerns and she gave a slide presentation showing examples of detention ponds in other stormwater districts completed in Fort Collins; she explained the fee process and noted that the County will be adopting the City's stormwater fee code, which has two components: 1) Capital improvements; and 2) Operation and ongoing maintenance. Commissioner Clarke stated that some of the correspondence he has received expressed concern that these fees will be used for other governmental enterprises; Mr. Burns responded that the fees will be specifically placed in a stormwater account with the West Vine Storm Water Utility and used for no other purpose other than expenses of same, and will include the salary of a person to administer the affairs of the utility and work with the design engineers for improvements in the Basin and will not be used for any other purpose within the County. Commissioner Clarke asked about the Federal funding that has been made available; Mr. Burns stated that subsequent to the flooding of last July, the Federal government came to the County and said they had certain funding available for stormwater improvements, which they pursued vigorously and applied for two grants and received a Community Development Block Grant of $350,000 from the Department of Housing and Development. Mr. Burns stated that they are not obligated to pay that amount back, but must match those funds, which will be the funds from the stormwater utility; he noted that they expect to begin the improvements in late Fall of 1998. Chair Olson asked how many property owners are in this drainage basin; Ms. Dunn responded just under 900 and the total anticipated cost of improvements in the 1980 Master Plan was $4.5 million, which may be changed in the revised Master Plan.

At this time the members of the audience were given an opportunity to ask questions of staff; those persons asking questions were: Edwin King, Daryl Snyder, John McCullon, Ross Shrigley, John Newman, Donna Goens, Mary Ann Snyder, Lloyd Olson, Cinnamon Massinger, Bob Mair, Ted Volker, Cleo Schultz, Dwayne Ledbetter, Doug Weitzel, Terry Ann Wheeler, John Daggett, Tom McCall, Frank Gallagher, Randy Rickter, Carol Voss, and Roger Hollis. Some of the questions were: 1) What is going to happen north of Hillcrest and adjacent streets; 2) Of the 900 properties, how many residents would directly benefit from this utility; 3) Was the '97 July flood considered a 100 or 500 year flood; 4) What effect has Horsetooth Reservoir had on the water table in the Basin; 5) Why are developers allowed to develop in marsh areas; 6) What is definition of run off co-efficient; 7) Why are we instituting this fee now before the Master Plan is updated; 8) If there is new development in the area, how will the fees be divided; 9) What happens if this area is annexed into the City; 10) What is the relationship between the stormwater utility and the fees in the City to the water and sewer fees; 11) If it takes 10 years to pay for this, will it take 10 years to see any results; 12) What provisions are in place to allow the assessment to be reconsidered or lowered if run off co-efficient is changed; 13) How much is the irrigation company going to put in for this utility; 14) Have they begun negotiations with the people that they expect to get easements from; 15) If the current irrigation ditches were not adequate to carry off the flood water last year, how big a ditch would you have to provide to mitigate the type of damage they had and where will it be placed; 16) Do we get to vote on this; 17) What is specific location for the pond going in by Poudre High and why are we putting the pond way down there when the flood water came from above Overland Trail; 18) What will happen if they refuse to pay these fees; 19) What kind of financing mechanisms are available to accelerate this process; 20) How many fee structures are there; 21) Is Ms. Dunn's salary going to be paid out of these fees; 22) Of the 900 properties, how many are going to be subject to the fees; 23) Is this going to be an open ditch and, if so, if a child falls in, who is going to be liable; 24) What about the ground water in the area. Mr. Burns answered the questions as well as other questions from the Board.

At this time, the public comment portion of the hearing was opened and many of the same persons listed above asked more questions and made comments; other citizens offering comments were: John McCullom, Andy Jones, attorney for Willis Smith, Joann Demeranvill, Gary Spivak, Mary Powell, Paul McCall, Kelly Dodge, and John Newman. Suggestions by several were offered on how things should be done and additional concerns raised were: 1) Residents are only partially informed or misinformed about the project; 2) Request to table this matter until concrete figures are available; 3) What about mosquito control; 4) If ground water is disturbed, this will create a lot of extra water in the area; 5) Concern for the people that have irrigation wells because if ground water goes away, the wells will go dry and property values will suffer; 6) Those residents in the neighborhood south of Irish School, will pay twice because of the drainage district they are forming. Even though many concerns were raised, several people stated that the residents in this area have put up with water problems for too long and it is time for them to be fixed, improvements are long overdue and they are in favor of the district; this is a fair approach to a community problem and a lot of people will benefit and many of the problems raised tonight can be dealt with during the adoption of the Master Plan and they are looking forward to the day when they don't have to watch the afternoon skies with anxiety.

At this time the public comment portion of the hearing was closed and opened for Commissioners' comments and further questions: Commissioner Clarke stated that he is convinced that this is really a complex issue and there is no perfect solution; he noted that after the '97 July flood, the Commissioners were called out to this area and after their inspection, they pledged their support to solve the drainage problems in the area. Commissioner Clarke stated that the City of Fort Collins has been collecting money for this project and now the County needs to collect their share; he assured the citizens that the Board has listened to the concerns and will listen in the future, but this project needs to proceed because the problems need to be solved. Chair Olson stated that she has concerns about the fees, particularly for those persons on fixed incomes; she noted, however, that the County is committed to the public process and to including the citizens in the design and the County is doing its very best to be absolutely as fair to each and everyone as they can. It was noted that the Federal funds cannot be accepted if there is no local match.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution for the Imposition and Collection of Stormwater Fees for the Larimer County West Vine Basin Stormwater Utility, and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-97g RESOLUTION FOR THE IMPOSITION AND COLLECTION OF

STORMWATER FEES FOR THE LARIMER COUNTY WEST VINE

BASIN STORMWATER UTILITY

The public hearing adjourned at 10 p.m.

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CHERYL OLSON, 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: Loveland Bike Trail by Sharon Veit. All rights reserved.