PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 21, 1998

MEETING WITH K-LYNN CAMERON, OPEN LANDS MANAGER

(#414)

The Board of County Commissioners met at 1:30 p.m. in regular session for a meeting with K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioner Disney was present. Also present were Greg Pickett, Director Parks and Open Lands, and Steve Ryder, TDU Administrator. Recording Clerk, Sherry Graves.

1. Sylvan Dale Ranch Conservation Easement: Ms. Cameron stated that she is moving this item from action to discussion and will bring it back to the Board for action next Tuesday, December 29, 1998 during Administrative Matters.

2. Open Lands Resource Specialist - Temporary to Limited Term - Advertising Wavier Request: Ms. Cameron requested Board approval of a waiver of a limited-term position for an Open Lands Resource Specialist; she noted they advertised and interviewed 5 people for this position on a temporary basis, but the paperwork proceeded through Human Resources so quickly that they are ready to have this position open by January 1, 1999. Ms. Cameron stated that they are requesting a waiver of policy to not have to re-advertise and interview persons for this position, since they just finished this process a week ago and they would like to move the person just hired from the temporary slot into this limited-term position; she noted that Mr. Jacobs is supportive of this waiver request. Mr. Gluckman was called in to ask if the Board can take this action today or if it should be approved during Administrative Matters. Mr. Gluckman will discuss this with Mr. Jacobs, but suggested the Board take action today, contingent upon approval from Mr. Jacobs.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request for waiver of advertising policy to allow the person recently hired for a temporary position to move into the limited-term Open Lands Resource Specialist position, as requested, contingent upon approval from Mr. Jacobs.

Motion carried 2 - 0.

At this time the meeting moved into the discussion phase and for an Executive Session; Commissioner Clarke, Director of Planning Larry Timm, Chief Planner Russ Legg, and County Attorney George Hass joined the meeting.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 2:49 p.m. to discuss land negotiations.

Motion carried 3-0.

The Executive Session ended at 2:57 p.m.

LAND USE PLANNING MEETING

(#414 @ 300 & #415)

The Board of County Commissioners reconvened 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: Sean Wheeler, Planner I; Carol Evans, Planner II; Russ Legg, Chief Planner; Jim Reidhead, Director Rural Land Use Center (RLUC); Brenda Gimson, RLUC Technician; John Pedas, Code Enforcement Officer; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that an amendment needs to be made to the agenda to include the presentation of Environmental Stewardship Awards to the recipients for 1998.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners amend the agenda to include the presentation of the Environmental Stewardship Awards.

Motion carried 3-0.

1. PRESENTATION OF ENVIRONMENTAL STEWARDSHIP AWARDS:

Mr. Ryan noted that this is the 4th year that the Environmental Stewardship Awards have been awarded in Larimer County; he noted this is a joint project sponsored by the Environmental Advisory Board and the Board of County Commissioners and the purpose is to recognize activities which demonstrate exceptional stewardship for the environment. Mr. Ryan introduced three members of the Environmental Advisory Board in attendance for today's meeting: Mark DeGregorio, John Monath, and Bill Miller.

Mr. DeGregorio briefly described the individual awards: 1) Harris Bilingual Elementary School for the new playground with an environmental theme designed to help teach environmental ethics and stewardship. 2) Holnam, Inc. for numerous projects designed to reduce the amount of pollution generated or emitted from the cement plant which go beyond regulatory compliance and enhance the environment. 3) Fort Collins Board of Realtors for becoming a corporate donor for the Larimer Land Trust with a 5-year contribution of $7,500 per year to provide support for an innovative way to preserve open space, while recognizing the financial value to the land owner. 4) Howard Alden for his organization of the annual Poudre Riverfest and other efforts to preserve the Poudre River and recognize it as an asset to this area.

The Commissioners individually presented the awards to Larry Slocum, Principal of Harris Bilingual Elementary School, who introduced committee members and several parents of the Harris Bilingual Elementary School; Joel Brandon, Plant Manager of Holnam, Inc., who introduced Bill Sansing, Environmental Manager; Craig Howe, current President of the Fort Collins Board of Realtors, and Howard Alden.

At this time the meeting moved into regular session for continuation of land-use matters: Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

2. AMENDED PLAT OF LOTS 3 AND 5, 2ND FILING, NEWELL LAKE VIEW

SUBDIVISION (#98-S1328): 30-50-70 - NORTH OFF CR 18E ONTO

GREEN MOUNTAIN DRIVE; 4.11 ACRES; 2 LOTS; O-OPEN ZONING

This is a request for an Amended Plat for a boundary line adjustment between Lots 3 and 5 within the Newell Lake View Subdivision; said boundary line adjustment will result in one lot being approximately 4.11 acres in area. 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; 5) Technical items noted by the Engineering Department must be completed prior to final recording of the plat. The staff recommendation is for approval of the amended plat for a boundary line adjustment between Lots 3 and 5 of the Newell Lake View Subdivision, 2nd Filing (#98-S1328).

3. UDY SUBDIVISION (#97-SU1024): SE ¼ - 05-07-69 - ON WEST SIDE OF

COUNTY ROAD 21 (OVERLAND TRAIL), 300' NORTH OF COUNTY

ROAD 48 (VINE DRIVE); 10.6 ACRES; 3 LOTS; FA-1 FARMING ZONING

This is a request for Preliminary Plat to subdivide approximately 11 acres with an existing dwelling into 3 lots of 2.3, 2.48 and 6.06 acres for single family residential use and UGA waivers for contiguity, public street capacity and PUD requirement. Staff findings are: 1) The proposed Udy Subdivision is consistent with the Larimer County Comprehensive Plan (Fort Collins MEA, Foothills Area), the Comprehensive Zoning Resolution, the existing zoning on the property, and the Subdivision Resolution. The proposed development is compatible with existing and planned uses in the area; 2) Waivers from UGA standards for contiguity and public street capacity are reasonable in this case and the Fort Collins City Council recommends approval of those waivers. A waiver from the PUD requirement in the UGA is also appropriate in this case; 3) Approval of the UDY Subdivision and the UGA waivers for contiguity, public street capacity and the PUD requirement, with certain conditions, will not result in any significant negative impacts on neighboring properties, the natural environment, or the provision of services and transportation.

The Urban Growth Area Review Board/Staff recommendation is for approval of UGA contiguity and public street capacity waivers, the waiver from the PUD requirement, and approval of the preliminary plat with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, easements, and right-of-way shown. Additional easements, as needed for existing sewer lines, other utilities and irrigation facilities shall be provided on the Final Plat; 2) The following notes shall be included on the Final Plat: A) The street in this development shall not be maintained by Larimer County; maintenance of the street shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; B) Passive radon mitigation measures shall be included in construction of residential structures on these lots. 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 from 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; C) There is potential for shrink-swell soils on these lots. Engineered footing and foundation plans shall be required for all construction. Perimeter drains should be considered if subsurface water is encountered during soils investigations or during excavation of the foundation; D) Underground utilities shall be required; E) The following fees shall be collected at building permit issuance for new single family dwellings: Larimer County Park fees for the Fort Collins UGA, Poudre R-1 school fees, and the UGA Street Waiver Fee. Unless otherwise specified, the fee current at time of building permit application shall apply; F) The Poudre Fire Authority maintains a fire training facility southwest of this development. Activities at this facility produce smoke, noise, light glare and odors; property owners should be aware of these issues; G) Rural area issues: a) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; b) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; c) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; d) Farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; e) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Lot owners should contact the Larimer County Cooperative Extension Service for information on pasture management; 3) Full construction plans for the utilities and the road, a final stormwater drainage report and an erosion control report shall be submitted for approval by County Engineering. Road construction plans must be approved by the Engineering Department and the Poudre Fire Authority; all plans must be approved prior to recording of the Final Plat. Utility plans shall be approved by the Fort Collins Water-Wastewater Department, Poudre Fire Authority and any other applicable utility provider. The final drainage report and erosion control report shall be prepared according to the specific requirements of the Engineering Department regarding culvert details, site specific erosion control information, seeding and mulching information and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual; 4) All improvements for this development shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. Improvements shall include roads, street signs, utility extensions, and fire hydrants. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department with final plat application materials. These documents must be approved prior to recording the Final Plat; 5) Private covenants for this development shall include provisions for maintenance of the road serving these lots and any other common facilities. The covenants shall include the wording from Section 3.5, E.7 of the Larimer County Subdivision Resolution. If private covenants will not be provided for this development, then a road/common facilities maintenance covenant or agreement document shall be submitted; 6) A signed annexation agreement shall be submitted with the Final Plat application for recording with the Final Plat.

4. FOSSIL LAKE PLANNED UNIT DEVELOPMENT AGREEMENT TO

EXTEND VESTED RIGHTS (#98-MS1195):

This is a request to approve the agreement to extend vested rights for Fossil Lake Planned Unit Development. Staff recommendation is for approval of the agreement.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the Urban Growth Area Review Board/Staff recommendations and approve the Amended Plat of Lots 3 and 5, Newell Lake View Subdivision, 2nd Filing (#98-S1328); Udy Subdivision (#97-SU1024); and the Fossil Lake Planned Unit Development Agreement to Extend Vested Rights (#98-MS1195); each, with conditions as outlined.

Motion carried 3-0.

5. WESTVIEW PRELIMINARY RURAL LAND PLAN (AKA DELINE RURAL

LAND PLAN (#98-RLP0021): 19-08-68, 20-08-68, 32-09-68 - 2 MILES WEST

OF INTERSTATE 25 ON CR 62, 1 AND 2 MILES WEST RESPECTIVELY

ON CR 9 AND CR 11; 179 ACRES; 8 LOTS; O-OPEN ZONING

This is a request for preliminary approval to create eight residential units: six single-family units plus two farmstead units with accessory dwellings with lot sizes ranging in size from 2.5 to 8 acres (total of 35 acres) and approximately 144 acres of open space (residual land) made up of irrigated cropland, protected by covenants for a minimum of 40 years, under the RLUP. Staff findings include: 1) This proposal, although atypical because of its residential development transfer, is consistent with the policies of the Rural Land Use Process: 1) The 17 single-family residential units possible under the current O-Open zoning of the property, the density and proximity of nearby residential development, and the general development pressure within the region, especially use-by-right 35-acre division of land, support Staff's belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 2) Four significant factors make this project particularly desirable: a) High percentage of the project's land protected as open space (80%) compared to the required 67%; b) The preservation of highly productive irrigated cropland, with irrigation water provided by both adjudicated wells and ditch companies; c) There is an additional, harder-to-quantify consideration: Steve Deline intends to continue farming in this area as he has in the past. It is his plan to "further capitalize their operation" by selling residential sites. Using the RLUP is not his first choice-he would rather do no development at all. The intent of this particular RLUP project is to enhance and strengthen an existing family-run ag operation in the face of a lot of pressure to do otherwise. The Larimer County farm operation will continue to work in conjunction with a large family owned ranch in North Park. It is a compromise, but a reasonable one, in light of the different goals of the property's owners and the many opposing financial, economic, and land-use forces which are at play in the I-25 corridor northeast of Fort Collins; d) Density of "receiving area", Parcel 3, is less than that which would be allowed under current and proposed subdivision regulations based on underlying O-Open zoning (5 units rather than 6 units); 3) RLUC Staff supports the Deline Preliminary Rural Land Plan, based on the applicants' planning and design rationale for the location of the project's residential units, the overall acceptance of the preliminary plat design at the neighborhood meeting, and the potential for continued irrigated ag production of the residual land. The proposed plan considers the various 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 $850.00 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.; 6) Staff believes that this project has sufficient merit to be considered by the Board of County Commissioners with full consideration of the fact that the creation of the project's 3 parcels is the result of previous division by exemption. The overall project design and residential densities are in the best interest of Larimer County, as opposed to "forcing" the project through the subdivision process where greater densities are allowed based on underlying zoning. As currently proposed, this proposed Rural Land Use Plan, with 80% residual land, has same percentage of open space as required under PLUS, with approximately half the number of residential units allowed by underlying O-Open zoning. This project is in keeping with both and spirit and letter of RLUP, with commensurate benefits to both the landowners, the neighborhood and the citizens of Larimer County.

The Rural Land Use Center Director/Staff recommends that the Board of County Commissioners approve the Deline Preliminary Rural Land Plan with the following contingencies to be met prior to approval of final plat: 1) The Board of County Commissioners' action to waive restriction against further exemptions on 3 parcels which have been through the exemption process and/or other actions to allow project to proceed through RLUP; 2) Approval of final engineering designs, including design of utilities, roads, ROW dedication, and stormwater plan, before final plat submittal; 3) Covenant and management plan review and approval before final plat; 4) Review and approval of final development agreement by County Attorney; 5) Soil testing, including a soil profile and percolation test, shall be submitted for Lots 1 and 2 prior to final platting; 6) Soil testing in the area of Lots 4-7 shall be submitted prior to final platting. Testing in this area needs to address the issue of potential high seasonal groundwater, and should preferably be conducted during the irrigation season. It is recommended that tests include backhoe-type profile holes to allow visual inspection of the soil profile for evidence of seasonal high groundwater; 7) The following notes shall also be included on the final plat: a) Engineered footing and foundations shall be required on all structures; b) Mosquitoes: During certain times of the year, mosquitoes may present a significant nuisance. The County does not have a mosquito control program, so any spraying or other control will be the responsibility of the property owners; c) Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more built-up urban areas. Lot owners should be aware of these occurrences and be prepared to address them as residents if they arise. The County is not able to mitigate nuisances if they develop, although information on managing these issues is available. Prairie dog colonies do exist in the general area surrounding this proposal. Prairie dogs can be a nuisance if they migrate to developed residential property. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do. At times prairie dogs are implicated in the transmission of plague to people or their pets. The County does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; d) Farming practices on adjacent properties can produce odors, noise, and dust. These are a normal part of agriculture and should be expected to occur; e) 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. Overgrazing produces lots with bare ground and scattered weeds. Erosion and polluted runoff results from such a situation, and affect the lot owner, neighbors, and the environment. The Larimer County Cooperative Extension Service has extensive information about pasture management. Lot owners should contact that office if they intend to keep livestock; f) Dust control for gravel access roads: Most of the county roads providing access to the lots are gravel surface. The Colorado Air Quality Control Commission's regulations concerning particulate (dust) emissions require the owner or operator responsible for maintenance of any unpaved roadway, which has vehicle traffic exceeding 200 vehicles per day, to use all available, practical methods which are technologically feasible and economically reasonable in order to minimize particulate emissions resulting from the use of the roadway. Control measures to be employed may include, but are not necessarily limited to, chemical stabilization, paving, speed restrictions and other methods approved by the Air Pollution Control Division. The new residential lots will add traffic to the roadways. The Engineering Department provides practical guidance about the level of traffic that works for chemical dust control (such as magnesium chloride) and those that need paving or chip-seal operations; g) 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; h) Road fees shall be paid at the time of building permit, if determined applicable by the Engineering Department; i) Park fees shall be paid at the time of building permit issuance; j) RLUP fees shall be paid at the time of building permit issuance; 8) Homeowners' covenants, including architectural controls, will be reviewed prior to final approval; 9) 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; 10) 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; 11) Protective covenants and management plan will be reviewed and approved with final plat.

Mr. Reidhead clarified several issues which have occurred since the community meeting and the last Rural Land Board meeting; he noted that originally the applicant requested ten residential units for this project; he noted that the RLU Advisory Board voted 4 to 3 against approving this number of units and the next day the applicant reduced his request to eight units. Mr. Reidhead reminded the Board that previously he consulted them to request clarification concerning lands coming through the RLUP which have already been through County exemption proceedings with a restriction that no future exemptions are allowed. At that time, the Commissioners and County Attorney agreed that properties which have come through an exemption process may be eligible for RLUP, as that process may be in the best interest of the County, and the restriction against further exemptions could be waived as a condition of approval and may be brought to the Commissioners for consideration. Mr. Reidhead described the proposal in detail, noting that the applicant desires to use the Rural Land Use process for the conservation development of 179 acres, currently in three separate parcels: Parcel 1 - 70-acre irrigated land; Parcel 2 - 42 acres; and Parcel 3 - 67 acres. Mr. Reidhead stated that the land has historically been used as irrigated cropland and it is planned for that to continue, subject to the management plan. Mr. Reidhead reviewed the major concerns and issues, the technical responses from reviewing agencies, and the benefits to the community and benefits to the owner; he noted that the North Poudre Irrigation Company has stated that the ditch roads cannot be used for access roads.

Questions from the Board and discussion followed; Commissioner Clarke asked why there was no response from the Engineering Department for this proposal. Mr. Burns stated that they have reviewed this proposal and have no objections to the creation of these lots; he noted that the final materials presented will be subject to their usual review and they will request drainage easements as appropriate and will not commit to any changes in the schedule to road maintenance or road construction for this area.

Ken Deline, representing Steve Deline, reviewed the family history and strong agricultural ties in Larimer County; he noted that they have tried to work with the community and understand their concerns and think this proposal is the best scenario. Aaron Million described the project and the reasoning for dividing the property as proposed. Donna Brown, adjacent property owner to the proposed units, expressed concern regarding their well and the impact this development will have on the neighbors. Dale Henry, Operations Manager for North Poudre Irrigation Company, expressed the concern previously mentioned that they do not want any traffic using their ditch roads and he would like to enter into a written agreement with the Deline Family to preserve their operating easements on both of their ditches. Lynn Downey, adjacent property owner, stated he can appreciate what the Delines are trying to do, but he has concerns; he noted that previously he owned this property and he came to the Planning Department and was told he could not divide the property because an exemption had been done. Mr. Downey also expressed concern about water. Commissioner Disney informed Mr. Downey that when he came to the County for division of his property, he actually was eligible for division by the subdivision process. Mr. Ryan discussed the concern about the well; he noted that the County has several different tools to use to protect the well-water quality when it comes to on-site sewer systems and those are: 1) The individual lot size requirements; 2) Distance separate requirements between leach fields and wells, and 3) Soil tests and soil suitability requirements and all three have to come together before the Health Department will issue permits. Mr. Ryan stated that in this case they have asked for some soil testing prior to final platting and the two other issues are in compliance and so he is confident that they can protect ground-water quality on the well across CR 11. Mr. Million stated that Mr. Deline has worked hard to insure that the adjacent properties are impacted from a minimal standpoint from development, but also works to capitalize his ag operation.

Discussion among the Board followed and Commissioner Disney noted that this proposal is the type of development they were trying to do when the RLUP was approved to protect agricultural operations.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the Rural Land Use Center Director/Staff recommendation and approve the Westview Preliminary Rural Land Plan (aka Deline Rural Land Plan) (#98-RLP0021), with the contingencies to be met as outlined.

Motion carried 3-0.

6. GARCIA RANCH (FKA DIXON COVE ESTATES) REVISED

PRELIMINARY RURAL LAND PLAN (#97-EX1064): SECTION 30 & 31,

TOWNSHIP 7, RANGE 69, ON THE WEST SIDE OF HORSETOOTH

RESERVOIR BETWEEN DIXON COVE AND INLET BAY, NORTHEAST

OF COUNTY ROAD 25G, VIA DIXON COVE DRIVE; 74 ACRES; 4 LOTS;

O-OPEN ZONING

This is a request to amend the Garcia Ranch RLUP (formerly known as the Dixon Cove Estates RLUP). The previous approved plan allows the property to be divided into four lots; three of the lots are designated for single-family residential units. The fourth lot (61.71 acres designated as Lot 1 on the plat) is designated as residual land (open space) protected by a covenant for perpetuity. Lot 1 is permitted to have one single-family dwelling (known as a farmstead) to be located within a building envelope of approximately 2 acres. The applicant seeks to amend the Garcia Ranch Preliminary Rural Land Use Plan to allow an accessory dwelling for farm employees and family to be built on Lot 1 in addition to the farmstead dwelling. Staff findings are that although specific policies concerning accessory dwellings as they relate to the Rural Land Use Process have yet to be finalized, this request for an accessory dwelling on Lot 1 of the Garcia Ranch Preliminary Rural Land Plan is in keeping with both precedent (other RLUP projects with existing tenant houses have been approved) and current and emerging agricultural practices in Larimer County. Lot 1, consisting of the residual land and the farmstead, is 61.71 acres. A major consideration of the Garcia Ranch Management Plan is the long-term health of the land for sustainable grazing. The carrying capacity of the land, although not specified, is certainly limited. The land could easily be overgrazed. Allowed agricultural uses in O-Open zoning, such as a stable, may likely require hired help, especially where careful management and land stewardship are of primary concern. Therefore, these allowed uses may be eligible for and in need of an accessory dwelling under current and proposed regulations.

Mr. Reidhead introduced the applicant J. J. Garcia and his consultant Ed Zdenek and provided the staff report for this request. Mr. Reidhead noted that when the Garcia Ranch Preliminary RLP was approved on October 6, 1997, the issue of an accessory dwelling on the farmstead lot was not addressed; however, it had been mentioned in earlier discussion with both the Rural Land Use Director and members of the Rural Land Use Advisory Board and the request today is for revision to that RLU Plan to build an accessory dwelling on the residual land on Lot 1 in association with the farmstead. Mr. Reidhead stated that the Rural Land Use Advisory Board has not made a recommendation on this request because they believe it is a policy issue to be determined by the Board of County Commissioners. Mr. Reidhead reviewed the concerns of the RLU Advisory Board; he noted, for instance, if cattle prices should fall and the property owners were in financial trouble, they might want to liquidate their herd and might want or need to rent this accessory building for additional income and some members of the Advisory Board felt very strongly that accessory dwellings should not be rented. Mr. Reidhead stated that the RLU Advisory Board wants to tie this consideration of an accessory dwelling to the consideration of the farmstead in PLUS and existing Code. There was discussion regarding the requirement of a road fee to be paid to the homeowner's association when the accessory dwelling is constructed and if the County Road Fee is also to be collected. Ms. Haag recommended that it should be stated in all conditions of approval that a County Road Fee is to be collected with all new building permits.

Mr. Zdenek stated that what they are requesting is for the Board to acknowledge accessory uses, including an accessory residence, on the residual land; he noted that there is a drawing dated May 7, 1996, which was part of the submissions that Mr. Garcia made initially to the project, and a letter from the neighbors on May 12, 1996 referring to this structure so they were aware of this and the RLU Advisory Board was informed of this, but he noted that they do have three new Board members that are not cognizant of these facts. Mr. Zdenek stated that they have relocated the stable to get it out of the viewshed of one of the neighbors, moved a residence east and north to protect a particular viewshed, and have done other things to protect viewsheds and neighbors. Mr. Zdenek stated that with regard to the accessory building being rented, it should be the same as PLUS and the current code's farmstead policy, but he thinks it should be able to be rented, if there is a change in use. With regard to the road fees, Mr. Zdenek stated that the applicant will be happy to do whatever is appropriate in the County. Mr. Zdenek stated that initially in the letter from Mr. Burns it was asked specifically not to have road fees tied to this project; Mr. Burns responded that initially they envisioned there would be no road fees, but the County's policy has changed and one of the conditions in the Findings and Resolution is that there will be road fees.

Penny Duchene Carson, homeowner in Dixon Cove, expressed concern about road traffic and she asked what kind of commercial enterprise this could become - is it going to be a farming operation, or commercial operation? Commissioner Disney responded that the only uses allowed on that property are those allowed in the conditions of approval and the O-Open Zone and any change in use would have to come back to the Commissioners for approval. Ms. Carson asked why there needs to be another residence? Commissioner Clarke responded because it is an ag operation. Mr. Reidhead stated that he received an E-Mail from Shelly Pellione, resident in area, and she noted that in the RLUP Code, Section 6, Part C Residual Land, Item 1 on Page 15 - "All development proposals shall reserve at least two-thirds of the total area of the tract for the preservation of contiguous undeveloped land, to be known as residual land…" Mr. Reidhead noted that in the existing plan there are two residences which interrupt the contiguity so that there are two pieces of residual land that are not contiguous. Commissioner Disney asked if the Board needs to approve a waiver of policy; Ms. Haag responded that the Board cannot waive the policy because it is a requirement by State Statute. Much discussion followed; Mr. Zdenek explained again what they did to protect viewsheds and he said they could introduce a technical one foot strip through there to connect the two parcels; he noted this would require replatting and some additional dollars. Mr. Zdenek stated that the way they chose to address this was in their declaration of covenants, conditions and restrictions and in Article 2.25 they refer to it as Outlot 1A - "Said Outlot is a non-contiguous parcel considered as part of Lot 1 - Outlot 1A cannot be improved or built upon in any way and shall never constitute a building site…" At this time, Mr. Reidhead reviewed the map and described the area.

Commissioner Clarke stated that he is concerned about this issue of contiguity. Mr. Zdenek asked about the last proposal just approved by the Board that had three non-contiguous pieces. At this time, the Board took a break to check the wording in HB 1364. After the break, Ms. Haag stated the HB 1364 confirms that in the rural land use process, being available to divide "tracts of land", 2/3 of the tract shall be maintained in contiguous open space; it was noted that with the previous proposal, that was for preliminary approval and so it will need to be monitored closely to make sure it is contiguous and according to Statute. Commissioner Clarke stated that County staff needs to make sure that this project does show that the open space is contiguous. Commissioner Disney stated that the issue regarding rental of an accessory building needs more discussion by the Board in the future.

Following much discussion, the conditions of approval by the Director of the Rural Land Use Center and Staff for one accessory dwelling to be located on the farmstead on Lot 1 of the Garcia Ranch Rural Land Plan were amended as follows: The conditions of approval in the Findings and Resolution from the October 6, 1997 public hearing shall remain in place with these additions: 1) Accessory dwelling shall not be separated from (sold off of) farmstead on Lot 1. Families residing in accessory farm dwelling, who are not a part of the owner/operator's immediate family, shall have at least one family member employed at the farm operation; 2) Accessory dwelling shall be considered a residence for the purposes of assessing road association fees. Pro rata share of road association costs shall be paid to the road association when accessory dwelling is constructed; however, road fees to Larimer County shall be paid at the time of building permit, as required by current County regulations; 3) The owner of Lot 1 shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the recommendation of the Director of the Rural Land Use Center/Staff and approve the Garcia Ranch (fka Dixon Cove Estates) Revised Preliminary Rural Land Plan, with the conditions as amended and outlined above; and request that the County Attorney add a sentence in the Findings and Resolution stating that the existing plan appears to not have contiguous open space and should be included on the plat.

Motion carried 3-0.

7. WINDBIGLER ZONING VIOLATION (#98-ZV1221: 7281 MILDRED LAND

½ MILE EAST OF GLADE ROAD, 1.5 MILES SOUTH OF MASONVIILLE

This alleged zoning violation is for storing several inoperable/unlicensed vehicles, busses, a mobile home, and trailers in the O-Open Zoning District. Mr. Pedas provided the background information regarding this alleged violation and noted that the subject property of 10 acres could result in a fairly large vehicle salvage (junk) operation if allowed to continue. Mr. Pedas stated that some of the neighbors have called with concerns about the number of vehicles stored on the property; he displayed photos of the site taken on October 23, 1998 but noted that since that time, 2/3 of the vehicles have been removed. Staff findings include: 1) The subject property is zoned O-Open District; 2 The O-Open Zoning District does not permit vehicle salvage without Special Review or storage of vehicles not accessory to a permitted use; 3) Vehicles stored for restoration or classified as unique, antique or collectable must be effectively screened from ordinary public view; 4) Continued use of the property inconsistent with the zoning restrictions may affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met.

Lloyd Windbigler, property owner, addressed the Board and stated that the property would have all been cleaned this past weekend, but then the bad weather came in; he noted that there are only two vehicles left to remove from the property and everything else is in garages or sheds and the bus is licensed and operable.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find in the matter of the Windbigler Junkyard Violation that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met.

Motion carried 3-0.

7. WILSON JUNKYARD VIOLATION (#98-ZV1249): 3100 COTTONWOOD

LANE, LOT 10 IN COTTONWOOD PARK SUBDIVISION

This alleged zoning violation is for storing inoperable/unlicensed vehicles in the FA-1 Farming Zoning District (possible repair shop operations). Mr. Pedas submitted photos of the subject property, provided the background information regarding the alleged violation, and reviewed the major issues and concerns; he noted that the subject property is a fairly long, narrow 5-acre parcel and the predominant use in the area is single family dwellings on fairly large lots with livestock, horse, farming operations. Mr. Pedas continued that the long side of the lot is adjacent to So. County Road 21 and with no landscaping, the vehicles are highly visible from the public road. Mr. Pedas stated that in mid summer his office began to receive complaints from neighbors about the numbers of vehicles being stored on the property and the owners were notified on July 22 and again on October 28, 1998. Mr. Pedas stated that today he received a letter from property owner Mr. Wilson indicating that his plan is to: 1) Screen the vehicles that are being restored and those vehicles being used for parts will be removed when parts are removed; 2) A 6-ft. board fence will be placed temporarily to the east of the vehicles to shield them by February 28, 1999 and 3) Trees will be planted to the east of this fence and when 6 feet high, the fence will be removed. Staff findings are: 1) The subject property is zoned FA-1 Farming; 2) The FA-1 Farming District does not permit vehicle salvage operations, junk yards or vehicle storage not accessory to a permitted use; 3) Continued use of the property inconsistent with the restrictions imposed by the Zoning Resolution may affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met.

Property owner James Wilson asked the Board if the vehicles are licensed or operable, is there a problem; Mr. Pedas responded that they have to be both licensed and operable and have a current inspection sticker. Mr. Wilson asked if they are not licensed and not operable, but collectable, and screened from public view, is that OK. Mr. Pedas responded in the affirmative. Mr. Wilson asked if his plan to put up the fence is acceptable? He noted that the trailer is there for temporary storage and should have been removed by last Fall, but because of medical problems he has not been able to do that. He asked if he can wait until June or July to put roofs on buildings before removing the temporary trailer. Melvin Kooy, adjacent property owner, stated he has lived on Cottonwood Lane for 25 years and they have never experienced anything of this nature or had any complaints in 25 years; he noted that he sees tow trucks bringing in the cars and there are 6 to 8 cars vehicles parked in front of the house, the shed is full of trash and junk, and the whole situation is an eyesore. Mr. Kooy pointed out that a letter was sent to Mr. Wilson on October 28, 1998 giving him until December 1 of this year to clean it up and nothing has been done and he is concerned that another 60 days will not make any difference. Barry Eklund expressed concern about increasing property taxes and yet property values are going down because of this unsightly situation. Al Meyer concurred with the previous two speakers; he noted he bought his property 10-12 years ago and moved into an area where everyone cared; he noted that the fence will have to be 50 ft. high to hide all the cars.

Commissioner Clarke stated that the County has standards that the people must follow and he concurs that this situation is devaluing the property of the neighbors; he advised that if Mr. Wilson builds a fence over 6 ft. high, he must discuss it with the Building Department. Commissioner Disney concurred and he asked if both CR 21 and Cottonwood Lane are in the public right-of-way; Mr. Pedas responded in the affirmative. Commissioner Disney stated that whatever screening takes place, it must screen the vehicles from the public right-of-way.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find in the matter of the Wilson Junkyard Violation that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met, contingent upon approval of the screening plan by the Zoning Administrator.

Motion carried 3-0.

The hearing adjourned at 6:05 p.m.

TUESDAY, DECEMBER 22, 1998

ADMINISTRATIVE MATTERS

(# 417 & 418)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided; Commissioner Disney was present. Also present were: Janelle Henderson, Director of Natural Resources; Mike Carroll, Weed District Manager; Ginny Riley, Director of Human Services; Shelly McGraw, Program Manager for Office on Aging; Sam Ulrich, Office on Aging Advisory Member; Kay Rios, Office on Aging Advisory Member; Sam Szymanski, Human Services Grants Manager; Linda Bobbitt, HHS Managed Care Specialist; Ralph Jacobs, Director of Human Resources; Larry Timm, Director of Planning; Al Kadera, Planner II; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Administrative Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Sarah Smith and Kelly Ohlson addressed the Board during the Open Session for Public Comment. Ms. Smith explained that she is a rural business owner and that she is in favor of the Land Use Code as she feels there is a need for more regulation in the County; she noted that she did not speak during the hearings last week because she was intimidated by the crowd.

Mr. Ohlson explained that he felt it was very important for the Board to be fair to all parties involved when considering adoption of the Land Use Code; he noted that it is very easy to just focus on the concerns of the applicant when considering land issues, but in his opinion, the future of the County as a whole must be considered as well. Some discussion followed regarding the proposed Land Use Code.

2. PUBLIC HEARING FOR REAUTHORIZATION OF THE LARIMER COUNTY PEST CONTROL DISTRICT

At this time the meeting was opened for a public hearing. Ms. Henderson explained the purpose of this hearing is to reauthorize the Larimer County Weed Control District by extending the termination date from December 31, 1998 to December 31, 2003; she noted that reauthorization of the Weed Control District will allow Larimer County to remain in compliance with Colorado Revised Statute 35-5.5, which, in part, requires the local governing body to adopt a noxious weed management plan that applies to all the lands for which they are responsible. Ms. Henderson explained that the reauthorization would place no additional tax burden on the citizens within the District and failure to reauthorize the District could result in increased noxious weed infestations and environmental degradation.


M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve extending the termination date of the Larimer County Weed Control District from December 31, 1998 to December 31, 2003.

Motion carried 2-0.

At this time the public hearing was closed and the Board moved back into regular session.

3. APPROVAL OF MINUTES FOR WEEK OF DECEMBER 14, 1998: Approval of the Minutes for the week of December 14, 1998 was postponed until the December 29, 1998 Administrative Matters meeting in order to allow the Commissioners and staff sufficient time to review said Minutes.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF DECEMBER 21, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of December 28, 1998.

Motion carried 2-0.

5. 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 December 22, 1998:

MISCELLANEOUS DOCUMENTS: Check Warrant Register for the Month of November, 1998. LIQUOR LICENSES: County approval for renewal of liquor license was granted to the Red Feathers Carry Out - 6% - Red Feather Lakes, CO. Licenses were issued to: Spanish Manor - 6% - Fort Collins, CO.; Indian Meadows Resort LLC - 6% - Bellvue, CO.; and the Masonville Store - 3.2% - Masonville, CO.

A98-190 AGREEMENT TO EXTEND VESTED RIGHTS FOR FOSSIL LAKE

PUD BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

EVERLINE, LLC.

A98-191 AGREEMENT AMONG THE POUDRE SCHOOL DISTRICT R-1,

THE COUNTY OF LARIMER AND THE LARIMER COUNTY

SHERIFF FOR THE SCHOOL RESOURCE OFFICE PROGRAM

A98-192 INTERGOVERNMENTAL AGREEMENT FOR RENTAL OF VOTING

EQUIPMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF BERTHOUD, COLORADO

A98-193 AMENDMENT TO THE DEVELOPMENT AGREEMENT RELATING

TO DEVELOPER'S OBLIGATIONS IN BROOKLIND ESTATES

RURAL LAND PLAN (fka The Lind Farm Rural Land Plan)

C98-71 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO FOR THE

USE & BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

(Energy/Mineral Impact Assistance Project for Larimer County Census

TA '99 Funding)

C98-72 CONTRACT AMENDMENT #1 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR

THE USE & BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY,

DIVISION OF CRIMINAL JUSTICE (Amendment to Original Contract

to Increase Total Contract Amount & Indicate Specification of Fund

Provisions)

R98-221s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN GLEN HAVEN

SUBDIVISION

R98-222s FINDINGS AND RESOLUTION APPROVING THE BIG VALLEY

HOMESTEADS REVISED PRELIMINARY RURAL LAND PLAN

(fka Sylvan Dale Ranch Preliminary Rural Land Plan)

R98-223s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

PUBLIC ROAD/BRIDLE PATH EASEMENT IN STANLEY

HEIGHTS SUBDIVISION

R98-224s RESOLUTION FOR RECOMMENDATION CONCERNING AN

AMENDMENT TO THE FOSSIL CREEK RESERVOIR AREA PLAN

R98-225s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN

AND PRELIMINARY PHASE PLAN OF SUNDANCE COTTAGES

PLANNED UNIT DEVELOPMENT

Motion carried 2-0.

6. APPROVAL OF 4-YEAR PLAN FOR OFFICE ON AGING AND ALLOCATIONS: Ms. Riley requested Board approval on three items pertaining to the 4-Year Plan for the Office on Aging: 1) Approval of the Plan. 2) Approval of the Allocation. 3) Approval for use of the Human Development Fund Balance. Ms. McGraw explained that the Office on Aging is required by the State Department of Human Services to submit a Four Year Plan for program operations; she noted that their office has been struggling this past year with declining revenues and increasing costs and that the most difficult program to keep afloat is the Senior Nutrition Program which is currently being operated by the Department of Human Services. Ms. McGraw stated that they have put out a Request for Information to approximately 400 organizations to see if there is any interest in taking over the Senior Nutrition Program and, in the meantime, they have requested the State to increase their share of the grant money to help support this program. Ms. Riley also requested the Board allow them to use $17,662 from the Human Development fund balance; she noted that this will maintain their fund balance at 12% and she felt very comfortable that this would still leave enough cushion for the other programs that share this fund balance because they are very stable at this time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the 4 Year Plan for the Office on Aging and the allocations as recommended, and authorize the expenditure of up to $17,662 from the Human Development fund balance.

Motion carried 2-0.

7. APPROVAL OF HUMAN RESOURCES GRANT ALLOCATIONS: Ms. Szymanski requested Board approval on the January through June 1999 Human Resource Grant Program allocations; she noted that since the Human Resource Grant Program administration is now combined with the Fort Collins Untied Way, they will be switching to a July through June grant year and that is why they are only requesting approval through June at this time. Ms. Szymanski explained that the Human Resource Committee has recommended that all 1998 grantees receive exactly 50% of their 1998 grant for the January through June 1999 transition period; she also noted that they would be back in May to request Board approval for the July through December allocations.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Human Resource Grant allocations, as recommended by the Human Resource Committee.

Motion carried 2-0.

8. REQUEST FOR WAIVER OF VACATION CARRY OVER POLICY: Ms. Riley requested a waiver of policy in order to allow Julie Shawley to carry over 40 hours of vacation leave which she will be unable to use by the end of the year; she noted that Ms. Shawley, as manager for the Resource Team, has been heavily involved with intense changes and restructuring of the Child & Family Services Division, and due to the necessity of her presence, Ms. Shawley has been unable to take time off. Mr. Jacobs noted that the Board has approved this type of policy waiver in the past.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver of the Larimer County Personnel Policy Manual provision that prevents accumulation of excessive vacation leave balances in order to restore the vacation leave lost by Ms. Shalwey.

Motion carried 2-0.

9. APPOINTMENT OF MENTAL HEALTH BLUE RIBBON PANEL: Ms. Bobbit presented the Board with the list of recommended Blue Ribbon Panel members and requested approval of the same. The proposed list included: Helen Hondius, Daton Johnson, Rich Guest, Sharon Johnson, Bob Everett, Larry Abrahamson, and Patricia Vigil. Some discussion followed and Commissioner Disney noted that Don Fish, a Fort Collins Private Therapist, should also be added to the list.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the panel members for the Mental Health Blue Ribbon Panel, as revised with the addition of Don Fish.

Motion carried 2-0.

10. REQUEST FOR WAIVER OF HIRING POLICY IN THE HUMAN RESOURCES DEPARTMENT: Mr. Jacobs requested Board approval to hire a current temporary employee into a regular employment position without going through the vacancy posting and competitive application process; he explained that Jo Ann Foster was selected through a competitive application process in September and hired as a temporary secretarial employee for the Human Resources Department. Mr. Jacobs stated that Ms. Foster has been offered full time employment elsewhere but would prefer to continue working for the Larimer County Human Resources Department; he noted that the County has already invested time and energy in training Ms. Foster and that she has quickly learned the job and has excellent customer service skills. Mr. Jacobs noted that if they were to open up the position for the competitive application process, Ms. Foster would already have an advantage since she is trained and is successfully fulfilling the position.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners waive the provision of the Larimer County Personnel Policy Manual pertaining to the advertising of vacancies and the selection of applicants in order to permit the Secretary I position in the Human Resources Department to be filled by Jo Ann Foster.

Motion carried 2-0.

11. DISCUSSION OF PROCESS FOR DEVELOPING SUBMITTAL REQUIREMENTS: Mr. Timm noted that with the adoption of the Land Use Code there will be a need to approve submittal requirements to implement the review procedures and the process that is chosen will have a direct bearing on the delay between Code adoption and implementation; he explained that Staff has discussed this matter with the Assistant County Attorney and determined that such requirements are administrative in nature and can be adopted by the Board through an action apart from the Code adoption. Mr. Timm further explained that the Planning Staff recommend the following steps leading to approval of submittal requirements: 1) Staff will produce a complete listing of all submittal requirements for each step in each development review process. 2) Once complete, the submittal requirements will be sent to all potentially affected interests, (i.e. surveyors, developers, utilities, and reviewing agencies), in order to solicit comments. 3) Based on the comments received and the results of the meeting, submittal requirements will be refined and distributed to the Commissioners and County Attorney for review. Approval of the submittal requirements can be performed at any public meeting of the Board and legal notice is not required. Some discussion followed regarding the proposed Land Use Code and Chair Olson stated that as time goes on, she would like to be able to look back and see the benefits from adopting the Code; she also noted that a baseline should be created to see how effective the Code will be compared to the somewhat dysfunctional review process that is currently in place. The Commissioners agreed to proceed with the Submittal Requirements Adoption Procedure.

12. WORKSESSION: Mr. Lancaster presented the Board with a lease agreement to install an Automated Teller Machine (AT M) in the Courthouse.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the lease agreement with Agnew's ATM Services in order to install an ATM in the County Courthouse.

Motion carried 2-0.

A98-194 SPACE LEASE AGREEMENT FOR ATM IN THE LARIMER

COUNTY COURTHOUSE BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND AGNEW'S ATM SERVICES

- Mr. Lancaster suggested that the Board not allow administrative or personnel matters to take place in meetings dedicated to other issues; he noted that when this happens it does not allow time for review through the proper channels. Chair Olson stated that they were cognizant that a personnel matter was included in a recent Open Lands meeting and they questioned it and called for Mr. Gluckman's opinion on the issue. Some discussion followed and Mr. Lancaster stated he would follow up with the Open Lands Manager in order to figure out a better way for their items to be scheduled in the future.

- Mr. Lancaster briefed the Commissioners on the meeting he attended regarding the Poudre River noting that there is a conflict between the Secretary of the Interior and the Congressional Committee on determining who is authorized to appoint a committee for this project. Mr. Lancaster stated that in the effort to "get the ball rolling" he volunteered Larimer County to enter into a Memorandum of Understanding with the Parks Department so they can at least start discussions in this area.

- Ms. Hart reviewed pending invitations with the Board.

13. COMMISSIONER REPORTS:

- Commissioner Disney briefly mentioned that he attended a GOCO meeting and that the Cattlemen's Association is proposing a statewide 1% sales tax increase to buy development rights; he also noted that GOCO sees Larimer County as being on the cutting edge of directing land use issues.

  1. LEGAL MATTERS: There were no legal matters to bring before the Board today.

Meeting adjourned at 11:05 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

___________________________________

Gael M. Cookman, Deputy County Clerk