Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 5, 1998

LAND-USE PLANNING MEETING

(#379 & #380)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Richael Michels, Planner II; Sean Wheeler, Planner I; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; 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. Mr. Sheldon requested that agenda item #3, the Bosworth Addition to the Bellvue Amended Plat, be removed from the consent agenda.

1. SUNDANCE COTTAGES PLANNED UNIT DEVELOPMENT (#98-MS1207):

35-05-73 - 960 RIVERSIDE DRIVE ON THE EAST SIDE OF MARY'S LAKE

ROAD AND SOUTH OF AND ADJACENT TO RIVERSIDE DRIVE;

.91 ACRES; 2 LOTS; T-TOURIST ZONING

This is a request to create a Planned Unit Development to change the ownership of nine existing cabins from a single owner to individually owned condominiums with no additional structures being created. Staff findings include: 1) The proposed structures have existed on the property for 17 years as a legal, resort cabin operation. The proposal will change the ownership of the property and allow for single family residential uses in addition to the existing transient uses of the property; 2) This proposed Planned Unit Development appears compatible with the surrounding land uses and future development plans for the area in which it is located; 3) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it as long as certain conditions are met; 4) The proposed Planned Unit Development meets the criteria of the Larimer County Zoning Resolution and the Estes Park Comprehensive Land Use Plan; 5) The approval of this Planned Unit Development, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Planning Commission/Staff recommendation is for approval of the Sundance Cottages Planned Unit Development Master Plan and Preliminary Phase Plan, with the following conditions: 1) A final drainage plan must be submitted with the final plat application. This plan must be approved prior to recording the final Phase Plan; 2) The number of points of access must be reduced. The location of the access points must be approved by Engineering. If the final number of access points will be greater than three, this must be approved by Engineering in writing before the final Phase Plan is submitted; 3) Final homeowners' association documents and covenants must be submitted with the final Phase Plan application. These documents must be approved by the County Attorney, the Colorado Division of Wildlife, the County Wildfire Safety Coordinator, County Planning, and County Engineering. These documents must address all management and maintenance concerns including: a) Time frame and frequency at which measures will be taken by the HOA to comply with the fire prevention measures of the Larimer County Wildfire Safety Coordinator. These measures must be explicitly listed with the number of times each year and times of year that these actions will be taken; b) Addresses the concerns of the Division of Wildlife regarding liability, protection of wildlife, fencing and information on interaction between wildlife and humans; c) Road maintenance; d) Legal remedies must be provided to ensure that compliance with these covenants is completed; 4) A fire hydrant must be installed on the property unless the Town states, in writing, that water pressure or line size is inadequate or the Fire District states, in writing, that they will not require a fire hydrant. If the Fire District requires more than one fire hydrant, the number of hydrants specified is required. Hydrants must be installed, inspected, and accepted prior to recording the final plat unless a Development Agreement with collateral is provided; 5) A formal letter of commitment from the Town of Estes Park stating that the water supply is adequate and that the Town will serve the project must be submitted with the final Phase Plan application; 6) No additional structures may be constructed on the site and no additional land may be added to this Planned Unit Development unless an application to amend the project is approved according to applicable regulations in place at the time such changes or additions are requested; 7) Building 10 is not a habitable dwelling; it shall be used for storage purposes only, not for any type of human occupation; 8) The following notes shall be placed on the final plat: a) Uses on this property are limited to single-family residential and tourist rentals. No commercial uses are permitted and no dwelling may be internally divided or in any other way altered to accommodate more than one family; b) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife are responsible for damage or control of wildlife; c) There are covenants governing the use of this property; these covenants should be consulted before purchasing any unit; d) The owners of the property acknowledge the potential for expansion of Riverside Drive right-of-way; e) No expansion of existing structures may be accomplished without review and approval by Larimer County of an Amended Master Plan.




2. AMENDED PLAT OF LOTS 12 AND 15, GLACIER VIEW MEADOWS

SUBDIVISION 5TH FILING (#98-SA1298): 24-09-72 - SOUTH EAST SIDE

OF THE CUL-DE-SAC ON NEEDLE COURT OFF CR 72E; 13.29+ ACRES;

2 LOTS; E-ESTATE ZONING

This is a request for an amended plat to combine Lots 12 and 15 within the Glacier View Meadows Subdivision, and to vacate one 20' existing utility easement along the common lot line; said combining of lots will result in one lot being approximately 13.29 acres in area. Staff findings are: 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 Lots 12 and 15, Glacier View Meadows Subdivision, 5th Filing and approval of the proposed vacation of the existing 20' utility easement as shown on the plat.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Sundance Cottages Planned Unit Development (#98-MS1207) and the Amended Plat of Lots 12 and 15, Glacier View Meadows Subdivision, 5th Filing (#98-SA1298); each, with conditions as outlined.

Motion carried 3-0.

3. AMENDED PLAT OF THE BOSWORTH ADDITION TO BELLVUE

(#98-SA1286): SE ¼ - 25-08-70 ON THE NORTH SIDE OF CR 52E IN

BELLVUE; 2.18+ ACRES; 12 LOTS; O-OPEN ZONING

This is a request for an amended plat to combine Lots 1, 2, 3, 3, 4 & 6 of Block 8 and Lots 13, 15, 16, 17, 18 and part of Lot 11 of Block 7, a portion of Myrtle Street, a portion of Second Street, and part of the Alley of the Bosworth Addition to Bellvue. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, but does not comply with the Larimer County Subdivision Resolution required width's for Right-of-Way dedications; 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; 5) Vacation of the existing Right's-of-Way will leave no property without access from other existing public Right-of-Way or dedicated easement access.

The staff recommendation is for approval of the Amended Plat of Lots 1, 2, 3, 4, 5 & 6 of Block 8 and Lots 13, 15, 16, 17, 18 and part of Lot 11 of Block 7, a portion of Myrtle Street, a portion of Second Street, and part of the Alley of the Bosworth Addition to Bellvue; 2) Approval of the proposed vacation of the 30' Myrtle Street Right-of-Way, the 60' 2nd Street Right-of-Way and the 20' Alley Right-of-Way as shown on the plat. The Myrtle Street vacation is subject to the applicant's providing documentation that the property owner to the West agrees to this vacation, otherwise a 20' access easement will be required.

Mr. Sheldon stated that the applicants have met with the Engineering Department to resolve the right-of-way issue and they have resubmitted a plat with a new configuration of the subdivision. Mr. Wheeler stated that the difference between the two plats is that the first plat shows a 18.5 ft. easement for access on the east and the new plat shows a 25 ft. dedicated right-of-way. Mr. Sheldon stated that the right-of-way on the other sides of the property will go away in exchange for this dedication; however, he noted that they do have a concern regarding access for the lots to the west. Dick Rutherford, Surveyor, stated that this addition was approved in the early 1900's and Second Street and Myrtle Streets have never been built; he noted that the new plat and rededication accomplishes many good things. Karen Morris, applicant, stated that the original plat dates back to the 1800's and has been basically ignored and they are attempting to clear up some of the problems. Questions from the Board and much discussion regarding access followed. Ms. Morris stated that they have talked to the adjoining property owners and they are not planning to develop their land; the Board stated that they do not want to leave platted lots without access. Several options for obtaining access to these lots were discussed; Ms. Morris asked if the Board could vacate 2nd Street today and she return later with a resolution to the vacation of Myrtle Street and access to the lots to the west.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the staff recommendation, as amended as follows: To eliminate the portion of the recommendation relating to Myrtle Street and approve the Amended Plat of Lots 1, 2, 3, 4, 5 & 6 of Block 8 and Lots 13, 15, 16, 17, 18, and part of Lot 11 of Block 7, a portion of Second Street, and part of the Alley of the Bosworth Addition to Bellvue and approval of the 60' 2nd Street Right-of-Way and the 20' Alley Right-of-Way, as shown on the plat.

Motion carried 3-0.

4. JACOBSON MINING VIOLATION: SE ¼ - 05-06-70; 13076 N. CO. RD. 27

NW OF MASONVILLE, APPROXIMATELY 3 MILES

This alleged violation is for mining sand and gravel without Special Review approval. Mr. Pedas provided the background information regarding this alleged violation, submitted photos of the site, and reviewed the major issues and concerns. Staff findings are: 1) The subject property is zoned O-Open District; 2) Sand and gravel mining operations require Special Review approval in the O-Open Zoning District; 3) Mining is defined as "The act of exploring for or recovering soil, peat, sand, gravel, limestone, coal, granite or other mineral resources from the ground for sale or for use off the property where recovered"; 4) The property owner submitted a CTR application for mining sand and gravel on the new site; 5) There is evidence that mining and processing of sand and gravel is occurring on the site. The staff recommendation is that the property owner submit the necessary information for continuing with the Special Review application procedure for mining sand and gravel on the site or discontinue all activity (mining/processing) east of Buckhorn Creek.

Mr. Pedas noted that the CTR application submitted in September 1997 for gravel mining on approximately 12 acres on the south end of the property and east of Buckhorn Creek did not proceed because several critical issues surfaced which needed to be addressed; however, according to neighborhood sources, some mining has occurred on the site. Mr. Pedas stated that Mr. Jacobson alleges that all of the material being processed is either that material left over from the previous excavation or used on site, which would not require the additional Special Review approval. The neighbors allege that more new material is being processed from the new mining area and hauled off the site and being sold. Mr. Pedas stated that on June 11, 1998, he inspected the property to determine the extent of the excavation and mining operation and he determined that the operation is in compliance.

Property owner Gary Jacobson reviewed at length the history of the property since he purchased it as an investment and fulfillment of his dream; he reviewed in detail everything he has done with regard to obtaining permits, both with the State and the County, to be in compliance with the law. Mr. Jacobson submitted a booklet containing all the permits he has obtained, letters, daily chart of quarry materials removed, etc. Mr. Jacobson stated that he feels he is trying to obey the law and he has the right to remove minerals from his property; he noted he would like to continue with the Special Review application, but if it is going to cost a lot for flood plain studies, etc. he cannot afford it. To summarize, attorney James Martell stated that Mr. Jacobson is in compliance with the permit and he has the right to crush and sell what the County removed and the right to crush anything on his property and use it on his property and that is exactly what he has been doing and, as Mr. Pedas indicated, he is not in violation; he continued that, if it is economically feasible, Mr. Jacobson will proceed with the Special Review application. Questions from the Board and much discussion followed.

At this time the hearing was opened for public comment and the following persons addressed the Board: Carl Spina, Rolland Moore, J. Dehann; Sylvia Klassen, Joe Luster, John Lund, Gary Warner, Cecil Miller, and Clifford Barry. Dr. Spina stated that his involvement with the State and County regarding objections to mining operations on this site have nothing to do with Mr. Jacobson's livelihood nor has he ever tried to coherce any of the neighbors, he simply became the correspondent and spokesman for eleven of the twelve families that live in the area; he noted that their concern is whether Mr. Jacobson's operation at Mountain Ranch has been a legal process and that what he is doing, he is legally sanctioned to do. Mr. Moore stated he has known Mr. Jacobson for over 10 years and has done business with him because he is the Chairman of the Road Committee for the Crystal Mountain Road Association and he would like to see everything get resolved in his favor as he is a very honest man. Mr. Joe DeHann stated he is pleased to hear that Mr. Jacobson intends to continue with the Special Review process because, at that time, the concerns of the neighbors can be addressed; he cited their concerns of disturbance and pollution of the Buckhorn Creek, air and noise pollution, no permit being granted from the Health Department for the crusher, extent of the commercial operation, concern about potential and irreparable damage to wells on adjacent properties, length of operating period, restoration of the area, etc. Ms. Klassen addressed the effects on quality of life; she noted that originally his project wasn't so bad, but when the County started extracting materials, it became a horrendous project and she is concerned about future projects and she would like better communication between Mr. Jacobson and the neighbors. Mr. Luster stated that he also is concerned about the wells and Buckhorn Creek. Mr. Lund stated that most of his concerns have been stated and he wants to see some kind of restrictions for noise and time restraints. Mr. Warner agreed that communication has been lax; he noted that Mr. Jacobson is a gentleman and trying to do the right thing. Mr. Miller stated that his primary concern is water and air pollution and he wants monitoring by some agency to protect the environment. Mr. Barry stated that he is a professional business facilitator for conflict resolution and he offered his services, at no expense, to arrange meetings to facilitate differences and resolve this conflict. There was much discussion regarding the removal of red or gray materials being removed from the site.

Responding to the many comments about the color of materials being removed from the property, Mr. Jacobson stated that the material that the County took was red, and is the best for roads, but it is almost gone and what he is hauling out is gray; he noted that he is operating commercially on the south end according to the State's definition of commercial. Mr. Jacobson stated that with regard to the concern about air and noise pollution, he has permits going back to 1986 and he is not polluting the water and no dust is leaving his property. More questions and discussion from the Board followed; Commissioner Disney reviewed the list of concerns and asked if they wouldn't all be addressed in the process of Special Review; Mr. Pedas responded in the affirmative.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation, as revised as follows: The property owner shall submit the necessary information for continuing with the Special Review application procedure for exploring for or recovering sand and gravel from the south area, which is intended to used offsite or sold.

Motion carried 3-0.

The hearing recessed at 5:30 p.m.

CONTINUATION OF LAND-USE HEARING

(#381 & #382)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Russ Legg, Chief Planner; Pete Wray and Clark Mapes, Fort Collins City Planners; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. PROPOSED AMENDMENT TO THE FOSSIL CREEK RESERVOIR AREA

PLAN (#98-CA0001): E ½ - 06-06-68 ON THE WEST SIDE OF TIMBERLINE

(COUNTY ROAD 11), SOUTH OF COUNTY ROAD 35, APPROXIMATELY

1.5 MILES SOUTH OF HARMONY ROAD

This is a request to amend the Fossil Creek Reservoir Area Plan to include a designation for a Neighborhood Commercial Center and a Medium Density Mixed-Use Neighborhood. Mr. Timm provided the background information for the request and described the location; he noted that county staff supports the proposed plan amendment based on several land use principles in the adopted Larimer County Master Plan, which states that new commercial acres should be limited to Growth Management Areas. Staff findings include: 1) The proposal is supported and recommended for approval by the City of Fort Collins Planning Staff and the City of Fort Collins Planning and Zoning Board; 2) The Larimer County Master Plan principles are designed to support and implement municipal planning efforts; 3) The property will be required to annex prior to development. The staff recommendation is for approval of the proposed amendment to the Fossil Creek Reservoir Area Plan to include a plan designation for a Neighborhood Commercial Center and a Medium Density Mixed-Use Neighborhood in the area west of Timberline Road (County Road 11) and south of County Road 36 (extended) or Mail Creek Ditch.

Mr. Wray explained that last March when the Fossil Creek Reservoir Area Plan was adopted, there were a list of amendments to the draft plan acknowledged by the elected officials from the City and the County and Item #5 in Exhibit B was to "Support the property owners (Doug Hansen) request to place the Neighborhood Commercial Center and Medium Density Mixed-Use Neighborhood on the Land Use Framework Plan map and maintain these designations on the City Structure Plan…This request should be brought back as quickly as possible to the City and County for approval as an amendment to the Plan." Mr. Wray stated that the Commercial Center would serve a composite of neighborhoods and potentially include a grocery store and a mix of retail uses; he noted that quite a bit of opposition has been received from the neighbors, especially from the Willow Springs Subdivision. Mr. Wray reviewed the Fort Collins Structure and Framework Plans and the Fossil Creek Implementation Plan; he noted that the size of the Commercial Center has been reduced from 20 acres to 10 acres, the Medium Density Mixed-Use Neighborhood has been reduced from 40 acres to 20 acres, and a restriction of 2 ½ stories for building and home heights will be imposed to be compatible and consistent with existing homes in the area.

At this time, Commissioner Disney noted for the record that the staff recommendation is for approval of the proposed amendment, but that is not the function of the Board of County Commissioners, and tonight the Board will be making a recommendation, pro or con, to the Planning Commission, as they are the body to formally adopt the amendment.

At this time, the public comment portion of the hearing was opened and the following persons addressed the Board with their concerns: Eric Renant, Todd Lund, Chris McElroy, Rick Zier, Lisa Osborn, Larry Bauers, Steve Rodriquez, Doug Hansen, and Don Johnson. Mr. Renant stated that his property will be significantly affected by both the Commercial Center and Medium Density housing and he is not in favor of this proposed amendment; he noted that he has gone to all the meetings regarding the Fossil Creek Reservoir Area Plan and voiced his concerns but he, and his neighbors, all feel it has been a rubber stamp procedure. Mr. Renant stated that the topography of the site is not appropriate, the hill to the south would create a blind intersection, the Hansen property drains to a pond in the middle, and ¼ mile to the east is the railroad which has no crossing between Trilby Road and Harmony; he also noted that there are existing wetlands on his property, the transitions to the medium density would be tight, there would be no access from the west, etc., and he feels all these concerns have not been adequately addressed. Mr. Lund stated that he also has attended all the meetings and thinks this shopping center came to this location at the midnight hour; he stated that under the Transferable Density Unit (TDU) process, which the Board adopted two weeks ago, the Commissioners said that they would not give away density, but it appears that, under this plan, density is being given away. Mr. Lund stated he is also concerned about the traffic issue and he thinks the Commercial Center would be much better on the east side of the street adjacent to a proposed connector street; he stated that he also feels this matter has been railroaded and noted that he isn't against development, but wants smart development and he is very concerned about only one access in and out of the Commercial Center. Mr. McElroy stated that the property owners in Willow Springs feel they have been thrown to the wolves with the City of Fort Collins and this proposed amendment and he feels they were abandoned by the County in the TDU process; if the Board supports this requests, he asked that they pay special attention to the needs of the adjacent property owners to make sure there is feathering from Willow Springs and have a clear definition of the use and that a traffic study is done. Mr. Zier, attorney representing Tom Johnston, echoed what the others have said about access and stated that this amendment will have a strong impact on the neighbors; he suggested this matter be tabled because the medium density mixed-use (12 units per acre in this part of the County) will have a significant impact on the neighbors and locating the Commercial Center on the east side of Timberline makes a lot more sense. Mr. Zier continued that there are serious sight distance problems on Timberline and he asked why staff was directed to bring this forward as quickly as possible and why the change from the original Fossil Creek Reservoir Area Plan? Ms. Osborn stated that the location of the Commercial Center doesn't make sense and she believes this is a rezoning and also felt it was a done deal when it was approved at the Planning and Zoning Meeting. Mr. Bowers stated that he just heard about this meeting and an open house was held on September 17, 1998 and he was not notified of that either; he noted that there a number of families in Willow Springs that do not receive notices of meetings or open houses and he wondered why. Mr. Bowers stated that he has been planning to start a retail business in Fort Collins and has visited many anchor stores and centers and has noticed that even with multiple accesses, it can become difficult to get in and out with all the traffic and he can't imagine only one access into this proposed Commercial Center. Mr. Rodriquez stated that he also attended all the meetings and it seems to him that decisions are being made on color-coded maps; he also has felt this has been a rubber stamp process and he asked that the Commissioners take a real hard look at what is being proposed. Mr. Hansen stated that he realizes the Hansen Farm is not the ideal location for a neighborhood Commercial Center, but the best of what is available. Mr. Johnson stated that when he purchased his property, he knew the worst case scenario would be 5 units per acre, but with this plan, the density housing will only be a few hundred feet from his large home.

In response to the concerns raised, Mr. Wray stated that as part of the City Structure Plan process and Fossil Creek Plan process, this area was modeled for impacts of transportation based on the proposed land uses and their Master Street Plan reflects the conclusions of that assessment; he noted that Timberline Road is shown as a future four-lane arterial and they plan is to feather the density. Mr. Mapes presented an aerial photo and an overlay showing how this neighborhood Commercial Center could physically work on this site. Questions from the Board and much discussion followed. Chair Olson asked what happens, as roof tops develop, if it is determined there is not enough market for a commercial area on this site? Mr. Mapes responded that to put something else on this site would require approval of an amendment to the plan to change the designation. Commissioner Disney asked, if this Commercial Center isn't going to be built for 10-15 years, "What is the rush?" Mr. Legg stated that staff was directed to bring back the proposal to the various boards and decision making bodies with due diligence.

Commissioner Clarke addressed some of the concerns; he noted that he realized that this Commercial Center wasn't adopted at the time the Fossil Creek Area Plan was adopted, because they wanted to allow time for additional public comment and consideration. Commissioner Clarke stated that he is convinced that there is a better site for this Commercial Center and he suggested it be moved to the northeast corner of CR 11 and Trilby Road and he reviewed the benefits to the public for having it at this site: 1) The TDU process could be implemented; 2) This area would be accessible from Trilby Road; 3) Currently there is no adjacent development, like Willow Springs, and when development comes, it could be designed with a buffer around it. Chair Olson stated that she likes the idea of moving the Commercial Center into a TDU area and she is also concerned about making a decision now; there was further discussion of tabling this matter to allow time for further study. Mr. Wray stated that the City and County just went through a two-year process just to adopt the Fossil Creek Area Plan and they feel this is the best location for these two uses.



M O T I O N

Commissioner Clarke moved that the Board of County Commissioners recommend to the Planning Commission that they not approve this proposed amendment to the Fossil Creek Reservoir Area Plan to include a plan designation for a Neighborhood Commercial Center and a Medium Density Mixed-Use Neighborhood in the area west of Timberline Road (County Road 11) and south of County Road 36 (extended) or Mail Creek Ditch and that it is made abundantly clear to the City of Fort Collins Council and staff that the Commissioners want to continue discussing commercial sites in this area, and they also want to explore additional sites on the east and west side of Timberline and that those sites be explored in light of the potential, not only for good planning, but also for the transferable development units into that area to achieve the upzoning to commercial.

Motion carried 3-0.

The hearing adjourned at 9:20 p.m.

TUESDAY, OCTOBER 6, 1998

ADMINISTRATIVE MATTERS

(#383)

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: Ralph Jacobs, Human Resources Director; Doreen Kemp, Human Resources Specialist; Isabel Thacker, Mental Health Special Services Coordinator; Lt. Carl Cooper from the Sheriff's Department; Lynette McGowan, Office on Aging Long Term Care Ombudsman; Jerry White, Right-of-Way Agent; Ginny Riley, Director Human Services; Bob Keister, Budget Manager; Neil Gluckman, Assistant County Manager; Donna Hart, Staff Services Manager Commissioners' Office; Deni LaRue, Community Information Manager; and Tom Clayton, CSU Fall Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 28, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of September 28, 1998, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF OCTOBER 12, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of October 12, 1998, as submitted and revised.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on October 6, 1998:

MISCELLLANEOUS DOCUMENTS: Amended Plat of Crystal Lakes, Lots 3 and 30, 5th Filing; Final Plat for Altenberg Subdivision; and Final Plat for Sakowkz Minor Residential Development. LIQUOR LICENSES: Licenses were issued to: Summit Restaurant - 6% - Loveland, CO. and Sol's Long Branch Saloon - 6% - LaPorte, CO.

A98-158 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CHINA DRAGON GOURMET

ENTERPRISES, INC. (Rental Agmt. For Suites 220 and 225 @

1714 Topaz Drive, Loveland, CO.

A98-159 INVESTMENT BANKING SERVICES AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND DAIN

RAUSCHER, INC. (Services to Assist in Planning and Issuance of

Debt Securities)

A98-160 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON

COUNTY ROAD 56 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THOMAS S. AND CONSTANCE B.

MCCHESNEY

A98-161 EXTENSION AGREEMENT #2 TO CONTRACT DATED

AUGUST 29, 1997 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DEPARTMENT OF HUMAN SERVICES,

DIVISION OF CHILD CARE DIVISION (Extension of Contract

for Child Care Capacity Building Grant)

C98-56 MASTER CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LABOR AND EMPLOYMENT (Funding for

the Job Training Partnership Act Program in Larimer County)

Motion carried 3-0.

5. PROCLAMATION OF NATIONAL DISABILITIES AWARENESS MONTH: Ms. Kemp and Ms. LaRue requested the Board to proclaim the month of October as National Disability Awareness Month; Ms. LaRue described many of the things the County is doing, and plans to do in the future, to accommodate the disabled. Commissioner Clarke read the Proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the month of October as National Disabilities Awareness Month, and authorize the Chair to sign the Proclamation.

Motion carried 3-0.

6. PROCLAMATION OF MENTAL ILLNESS AWARENESS WEEK AND NATIONAL DEPRESSSION SCREENING DAY: Ms. Thacker requested the Board to proclaim the week of October 4 - 10, 1998 as Mental Illness Awareness Week and October 8, 1998 as National Depression Screening Day. Commissioner Clarke read the Proclamation aloud.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim the week of October 4 through 10, 1998 as Mental Illness Awareness Week and October 8, 1998 as National Depression Screening Day, and authorize the Chair to sign the Proclamation.

Motion carried 3-0.

7. PROCLAMATION OF DOMESTIC VIOLENCE AWARENESS MONTH: Lt. Cooper requested the Board to proclaim the month of October 1998 as Domestic Violence Awareness Month; he introduced Edna Frantela, representative from Crossroads, to the Board. Commissioner Clarke read the Proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the month of October 1998 as Domestic Violence Awareness Month, and authorize the Chair to sign the Proclamation.

Motion carried 3-0.

8. PROCLAMATION OF RESIDENTS' RIGHTS WEEK: Ms. McGowan introduced Lorraine Jackson, Linda South, and Alicia Clark from Columbine Care Center East and requested the Board to proclaim the first week in October, 1998 as Residents' Rights Week to honor residents in long-term care facilities; Commissioner Clarke read the Proclamation aloud. Ms. Jackson described some of the activities she has initiated.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim the week of October 1 through 8, 1998 as Residents' Rights Week, and authorize the Chair to sign the Proclamation.

Motion carried 3-0.

9. PROCLAMATION OF EDITH GAYLORD HARPER DAY: As Edith Gaylord Harper graciously made a significant donation toward the purchase of 18 acres of land adjacent to the Lily Lake Visitor Center at Rocky Mountain National Park for the Open Lands Program, the Board decided to take the following action:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim October 7, 1998 as "Edith Gaylord Harper" Day, and authorize the Chair to sign the Proclamation.

Motion carried 3-0.

10. WAIVER OF PERSONNEL POLICY TO ACCOMMODATE CONVERSION OF MERIT SYSTEM EMPLOYEES: Mr. Jacobs stated that the Human Resources and Human Services Departments are requesting the Board to approve a waiver of Larimer County Personnel Policy, Section 505.B,2 to permit those employees who are reclassified as part of the Merit System classification conversion project, and whose reclassification does not result from a significant change in their job duties, to retain their pre-reclassification merit date.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of the Larimer County Personnel Policy, Section 505.B.2, as requested, to accommodate conversion of the Merit System Employees.

Motion carried 3-0.

11. DISCUSSION OF FILM COMMISSION FUNDING FOR 1998: As a follow up from the September 19, 1998 meeting with the Board, Mr. Wymisner stated that after conferring with Ms. Reiser from the Larimer County Film Office regarding what it would take to close out the projects they have on board for 1998, it was determined that $6,444 is needed for 1998; he noted they are also requesting $15,000 for 1999 and asking for a letter of support from the Commissioners to show to other municipalities as they solicit additional resources. Mr. Wymisner stated that he, Mr. Lancaster and Mr. Gluckman are meeting with the Economic Development Advisory Board in November to thoroughly discuss the role of EDAB with regard to requests for funding. Much discussion followed and it became clear that the service proposal for funding for 1999 will not be approved because of the tight budget restraints. Mr. Lancaster noted that the request for $15,000, if it were to come out of the Commissioner's Special Projects Fund in 1999, is 20% of that budget for the whole year. The Chair will sign the letter of support, as requested, with appropriate revisions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of $6,444.00 for expenses for the remainder of 1998 for the Larimer County Film Office; these funds to be derived from the Commissioner's Special Projects Fund.

Motion carried 3-0.

12. WORKSESSION:

-- Update on Budget for 1999: Mr. Lancaster and Mr. Keister provided an update for the Board on the status of the budget for 1999.

-- County Seat for a Day in Loveland: Ms. LaRue discussed scheduling conflicts she is having arranging County Seat for a Day in Loveland; after discussion of several options, the Board decided to have County Seat for a Day coincide with their Policy Worksession on a Thursday, followed by an evening meeting County Seat for a Day.

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

13. COMMISSIONER REPORTS: There were no Commissioner reports today.

14. LEGAL MATTERS: There were no legal matters today.

The meeting adjourned at 11:15 a.m.

___________________________________________

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.