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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 27, 2000

LAND-USE PLANNING MEETING

(#589 & 590b @10)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Fred Starr, Planner II; Al Kadera, Planner II; and Rob Helmick, Senior Planner; Doug Ryan, Environmental Health Planner; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Jean O'Connor.

Discussion Items:

  1. CONTINUED FROM MARCH 20, 2000: TIMNATH/CONNELL PIT SPECIAL REVIEW #99-Z1291: SE 1/4 SECTION 3, T6N, R68W, NORTHEAST CORNER OF I-25 AND COUNTY ROAD 36.

This is a Special Review application to allow commercial mining of sand and gravel resources. The Board continued this item from March 20, 2000 to allow staff to reword recommendation #9 for clarity and intent. Staff recommendations are Approval of the Timnath-Connell Pit Special Review with the following conditions: 1. Operation of the Timnath Connell Pit shall be for those uses specified in the Staff Findings in this report; 2. The applicant shall comply with the following requirements of the Larimer County Engineering Department: a. No parking, loading or unloading of any vehicles is allowed in the County right-of-way; b. Trucks shall not back onto or use the County Road for a turnaround; c. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; d. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; e. The applicant will provide a revised Traffic Impact Analysis as requested and make any road improvements as may be required as a result of this revised study; f. Placement and monitoring of Groundwater Monitoring wells as directed by the Larimer County Engineer; 3. The applicant shall comply with the following requirements of the Larimer County Health and Environment Department; a. Before final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges; b. Before starting operations on the site, the applicant shall provide the County with proof of obtaining a Colorado Air Emissions Permit for the mining operation; c. Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; d. Before starting operations on the site, a Colorado Process and Stormwater Discharge Permit for he mining and processing operation shall be submitted; e. Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit; f. The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); g. The applicant shall agree to use a licensed firm to provide bottled water and chemical toilets for employee use; h. Before final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges; i. Before starting operations on the site, a Colorado Air Emissions Permit for the mining 0operation shall be submitted; j. Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; k. Before starting operations on the site, a Colorado Process and Stormwater Discharge Permit for he mining and processing operation shall be submitted; l. Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit; m. The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); n. The applicant shall use a licensed firm to provide bottled water and chemical toilets for employee use; 4. The applicant shall comply with the following requirements of the Larimer County Planning Division; a. The applicant must comply with the State noxious weed regulations, as recommended by the Larimer County Weed District Manager; b. For local deliveries, the applicant shall use the following haul route: From the proposed entrance to the site, to the I-25 East Frontage Road then either south to County Road 36 and west on County Road 36 or North along the East Frontage Road to County Road 38, then east or west as indicated by the Traffic Impact Study submitted by the applicant; c. The applicant shall comply with the provisions of the Traffic Impact Study provide in support of this application for the Timnath-Connell Pit operation only; 5. The applicant must comply with the requirements of the Poudre Fire Authority as referenced in this report; 6. The Applicant shall provide additional landscaping as required by the Larimer County Natural Resources Department referenced in this report; 7. The applicant must comply with the State noxious weed regulations, as recommended by the Larimer County Weed District Manager; 8. All Batch Plant operations shall be conducted ONLY at the Wellington Downs Pit; 9. The Haul Route to the Batch Plant shall be as follows: From the site directly to the East Frontage Road of I-25, then south on the East Frontage Road to County Road 36, then west on County Road 36 to the County Road 36 entrance to the Wellington Downs Pit; 10. Any modifications to the conditions of this approval will require approval of an Amended Special Review.

Mr. Starr informed the Board that the Engineering Department is proposing an additional condition of approval, which requires the applicant/property owner to dedicate additional right-of-way- (ROW) on County Road 5. Mr. William Welch, representative for Connell, stated that he discussed the additional condition with staff from Engineering and Planning as well as the County Attorney, and since the applicant is not impacting County Road 5, he did not understand why he was being required to dedicate ROW. He also was the lessee of the property, not the property owner, and could not commit to such a condition. Commissioner Disney questioned the additional condition of approval since the applicant did not use the road. Ms. Haag stated that County policy allowing for ROW dedication has been in place for a long time. At this time, Mr. Dan Keen, Loveland resident, asked if the Board would re-open public comment, so he could voice a concern on behalf of his parents.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the hearing for public testimony.

Motion carried 2 - 0.

Mr. Keen stated his parents concern was for the re-routing of the Boxelder Ditch. The ditch seepage provided water to livestock and irrigation to the pastures, if the ditch was routed differently, it could impact his family's property. Chair Pro-Tem Rennels asked if the Ditch Company had been notified. Mr. Starr stated that they had been sent a referral, and did not comment on flows. At this time the public hearing was closed to the public.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Timnath/Connell Pit Special Review #99-Z1291with conditions as modified and outlined above and without additional ROW as requested by the Engineering Department.

Motion carried 2 - 0.

2. SATTLER REZONING #00-Z1330: 33-07-73; NORTHWEST CORNER OF HIGHWAY 14 AND PINGREE HILL ROAD, IN THE POUDRE CANYON AT RUSTIC.

The original application to rezone from O-Open to T-Tourist was conditionally approved. This request is to reconsider this rezoning approval. Staff findings include 1. The site was conditionally rezoned from O-Open to T-Tourist in 1983. One of the conditions required that a building permit be issued for the proposed retail center within one year; 2. The one-year time limit to acquire a building permit was extended for one additional year in 1984; 3. No building permits have been issued and none of the approved uses have commenced on the site since the rezoning approval; 4. All other properties in the Poudre Canyon are currently zoned O-Open; 5. The Master Plan designates this part of the County as "Rural" and also indicates that up-zoning will not occur in rural areas unless there is a demonstrated community need for a use that is not permitted by the current zoning. Such a need has not been demonstrated; 6. Any new uses proposed for this site should be considered under the Land Use Code and the current Master Plan. Staff recommendation is to rezone the site from T-Tourist to O-Open.

Mr. Kadera stated that the property owner contacted the Planning Department a few weeks ago and wanted to sell the property by marketing potential uses as some of those stated in T-Tourist. Since staff was recommending the zoning designation revert back to O-Open; if the Board is inclined to designate the parcel as T-Tourist, then staff would ask that the item be tabled so staff could refer the application out to other departments for comment. Sydney Sattler, property owner, stated that his plans several years ago had never come to fruition and he was now trying to sell the property. Adjacent land uses are consistent with the T-Tourist zoning and he would like to market it as such. Ms. Ruth Corruthers, Real Estate agent, also supported the re-zoning to T-Tourist to allow potentially for a Bed and Breakfast, retail and/or service type development. Commissioner Disney stated the area was adjacent to businesses compatible with the T-Tourist zoning but agreed the item should be tabled to allow staff to refer the request for comment from other departments.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Sattler Rezoning #00-Z1330 until May 8, 2000 at 3:00 p.m. to allow staff to receive comment and prepare conditions for final action by the Board.

Motion carried 2 - 0.

3. KYGER/LAFARGE PIT SPECIAL REVIEW #99-Z1307: 13-06-68; NORTHWEST CORNER OF HIGHWAY 392 AND COUNTY ROAD.

This is a request for Special review approval for sand and gravel mining on 160 acres, with on site processing and batch facilities. Pertinent staff remark: The staff and applicant did not have any basic differences with the application at the time of the Larimer County Planning Commission hearing, however, due to neighbor concerns the item was placed on the discussion agenda. While there may still be some overall objections to the actual operation many of the concerns voiced by the neighbors have been addressed by the conditions added by the Larimer County Planning Commission. Staff and Planning Commission recommendations include Approval of the Kyger /Lafarge Pit Special Review # 99-Z1307 with the following conditions: 1. Operation of the Kyger/Lafarge Pit shall be for those uses specified in the Staff Findings in this report; 2. The applicant shall comply with the following requirements of the Larimer County Engineering Department; a. No parking, loading or unloading of any vehicles is allowed in the County right-of-way; b. Trucks shall not back onto or use the County Road for a turnaround; c. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; d The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; e. The applicant will provide a revised Traffic Impact Analysis as requested and make any road improvements as may be required as a result of this revised study; f. Applicant shall improve county road 1 consistent with the recommendations outlined in the subsurface roadway assessment; g. The applicant shall provide an acceptable floodplain study of the Poudre river, prior to final action by the board of county commissioners, to ensure mining activities will not adversely affect the floodplain; 3. The applicant shall comply with the following requirements of the Larimer County Health and Environment Department; a. Before final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges; b. Before starting operations on the site, the applicant shall provide the County with proof of obtaining a Colorado Air Emissions Permit for the mining operation; c. Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; d. Before starting operations on the site, a Colorado Process and Stormwater Discharge Permit for he mining and processing operation shall be submitted; e. Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit; f. The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); g. The applicant shall agree to use a licensed firm to provide bottled water and chemical toilets for employee use; 4. The applicant shall comply with the following requirements of the Larimer County Planning Division; a. The applicant must comply with the State noxious weed regulations, as recommended by the Larimer County Weed District Manager; b. The total maximum ADT will be no more than 405 trips per month; c. The location of an asphalt and/ or concrete batch plant are a part of this request and are permitted by the subsequent review of a Site Plan Review application; 5. The applicant must comply with the requirements of the Windsor Severance Fire District regarding the placement of fuel tanks, and buildings; 6. The applicant is required by Colorado State Law (35-5.CRS1990) to submit a Weed Management Plan. The applicant must register a contact person with their office, and updated by January 30th of each year; 7. The applicant will plant visual barriers to the north prior to construction; 8. The applicant agrees to notice of all sales materials, that through traffic to the north is prohibited; 9. Applicant agrees to pay all county and regional road capital expansion fees; 10. Applicant agrees to install a westbound acceleration lane on Hwy. 392. Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County.

Mr. Helmick stated that adjacent property owners had submitted a petition against the application, which was signed by approximately 45 citizens; the applicant, although not required, held a neighborhood meeting on March 25, 2000 to address concerns, but was attended by only about 30 citizens; and that the applicant had sent out notification to adjacent property owners within 500-feet. Mr. Ryan informed the Board that the applicant had already received a Colorado Air Emissions Permit, and a condition of final approval regarding emissions has been clearly and carefully stipulated. Mr. Helmick distributed an additional condition of approval requested by Engineering which stated, "The applicant/property owner shall dedicate the requested additional right-of-way on the West-Side of Weld County Road 13 (aka Larimer County Road 901). This dedication shall occur at the time of the requested final release of Surety from the Division of Minerals and Geology, Mined Land Reclamation. The applicant is REQUIRED to notify both the Board of County Commissioners and the Planning Department of the requested release". However, Mr. Helmick stated the applicant was not the property owner and could not commit to the condition on behalf of the landowner. Commissioner Disney asked how staff determined the proposed mining would not be a traffic or safety hazard and how it was "harmonious" with the neighborhoods. Mr. Helmick stated the findings were based on comments from the Colorado Department of Transportation (CDOT) the Engineering Department, and the traffic study submitted by the applicant. He further informed the Board that the applicant would buffer the site on the north and east, hours of operation were limited, and the Health Department conditions stipulated the location of processing equipment on the site. Commissioner Disney asked if staff knew the information provided in the traffic study was data from 1996. Mr. Helmick stated that he was not aware of this fact. Commissioner Disney asked about the odors emitted from the possible future asphalt batch plant. Mr. Ryan stated the existence of a State Odor Regulation and that atmospheric conditions could contribute to odors which otherwise would not be detected and that the Health Department had no odor concerns at this time.

Molly Orklid-Larson, representative for the applicant, provided a map of the proposed layout for the site, outlined the proposed reclamation plan, proposed buffering and plant use, and stated that if the county concurred, the applicant was willing to berm the site to the north. Ms. Orklid-Larson also stated that the applicant had notified property owners within 1000-feet instead of the required 500-feet and that several other mining sites were in the area. Ms. Mary Harnett, TST Engineering, stated that CDOT had reviewed the submitted traffic study and requested an acceleration lane, which the applicant agreed to install. The applicant was also willing to pay a fair share for a traffic signal if future developments warranted such and a new study showed that Lafarge was causing a portion of those impacts. Commissioner Disney asked about an accident history at State Highway 392. Ms. Harnett replied that she had contacted the State Highway Patrol regarding the number of accidents at the intersection, and was told to check the records in Denver; however, time did not allow her to do so prior to this hearing.

Much discussion ensued regarding the accuracy of the traffic study data provided and alternative haul routes. Pat Sorenson addressed traffic issues for the applicant and distributed an addendum to the previous traffic study, which included information from CDOT from 1996 through 1998; however, CDOT had not reviewed or commented on the addendum. Bill Lybrandt, representative for Lafarge, stated that south Fort Collins would be serviced from the proposed site and an existing Greeley plant would service the Windsor area; therefore it was not practical to consider an alternative route to Windsor. Greg Miller, Lafarge employee, noted that Lafarge had established a procedure to provide a quarterly or semi-annual forum for area residents to allow them to discuss any concerns or issues property owners may have with the operation, but that complaints could be made at any time by calling the office. Lafarge was also willing to meet with Homeowners Associations upon request.

Ms. Orklid-Larson asked Mr. Ryan to address stormwater and runoff pollution. Mr. Ryan stated sediment was major concern for pollution, but that the applicant had already been issued a Stormwater Permit from the State, so the sediment concern was no longer an issue. Ms. Orklid-Larson informed the Board that at the neighborhood meeting, the following concerns were raised by neighbors: noise, traffic on SH 392, compatibility, health and visual impacts and addressed how each would be mitigated and/or addressed. Commissioner Disney asked if the development sign had been posted prior to the hearing as required. Ms. Orklid-Larson stated that the sign was posted in September 1999.

At this time the hearing was opened for public comment and Dean Miller, Maria Taylor, Isabel O'Brian, James Robinson, Brett Jelkin, Bill Wollenberg, Phil Carager, John Wessling, and Eric Ranchler were concerned with negative impacts, reduction in property values, noise, hours of operation, traffic and safety at the SH 392 intersection, condition of the bridge on SH 392 over the Poudre River, lack of public notification of the proposal, dust, odors, visual and traffic impacts to existing residents, non-compatibility, and pollution from batch plants and diesel trucks. Scott Ballstadt, Senior Planner for the Town of Windsor, referred to a letter submitted to County staff and asked that the Board honor the conditions of approval submitted by the Windsor Planning Commission which strongly urge the applicant and the county to identify alternative haul routes which would remove haul traffic from SH 392. Nona Thayer, equine business owner in the area, was concerned with an alternative haul route, which would cause additional dust and potential health problems for her horses. Tim Runtsch, recent adjacent property owner, stated that he had no knowledge he was purchasing a home adjacent to a potential gravel pit. Mr. Runtsch suggested the Board consider the County Vision Statement hanging on the wall, specifically the first 4 of the 5 statements and realize the public outcry today is citizens taking responsibility and asked that the Board do the same and postpone a decision 90 days to allow citizens to further review the application and potentially become partners with Lafarge instead of advisories.

Due to time constraints, Chair Pro-Tem Rennels stated that the hearing would need to be continued in order to hear remaining public testimony. Commissioner Disney directed staff to provide a larger GIS vicinity map showing adjacent land uses and compatibility as well as comments from CDOT regarding the bridge on SH 392 over the Poudre River with respect to its condition. Chair Pro-Tem Rennels asked the applicant to provide accident history for the SH 392 intersection at the next hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue public testimony on the Kyger/Lafarge Pit Special Review #99-Z1307 until April 17, 2000 at 7:00 p.m.

Motion carried 2 - 0.

There being no further business, the hearing was recessed at 6:00 p.m.

TUESDAY, MARCH 27, 2000

ADMINISTRATIVE MATTERS

(#590)

The Board of County Commissioners met in regular session at 9:00 a.m. with Assistant County Manager Neil Gluckman; Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Randy Ratliff, Executive Director for Larimer Center for Mental Health; Nancy Meginness, Coordinator, Larimer Center for Mental Health Sexual Assault Victim Advocate; Donna Hart, Commissioners Administrative Manager; and Deni LaRue, Community Information Officer. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: No one appeared to address the Board during open session for public comment.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 20, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 20, 2000 as submitted.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 3, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of April 3, 2000 as amended.

Motion carried 2 - 0.

 

4. APPROVAL OF THE 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 for Document Review on March 28, 2000:

MISCELLANEOUS DOCUMENTS: Colona Condominiums Plat; Policy and Procedure #100.1C; Five-Year Local Area Workforce Investment Plan PY2000-2005; Fossil Creek Reservoir Conservation Project.

LIQUOR LICENSES: Licenses were approved for Sox & Cubs Pizza & Subs- 6%- Fort Collins, CO; Total #2743/4133- 3.2%- Loveland, CO; and Classic Catering- 6%- Fort Collins, CO. Licenses were issued to Citizens for Preservation of Property Rights- 6%- Loveland, CO- Special Event; Citizens for Preservation of Property Rights- 6%- Loveland, CO- Special Event; and American Legion Alonzo Martinez Post 187- 6%- Fort Collins, CO.

A00-45 LIBRARY SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF RED FEATHER LAKES, CO.

A00-46 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ELECTRIC SHOP LTD.

C00-11 CONTRACT AMENDMENT #1 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (contract routing #00-260)

C00-12 CONTRACT AMENDMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (contract routing #00-270)

C00-13 ANNUAL STATE PLAN FOR COMMUNITY SERVICES BLOCK GRANT FUNDS

R00-69g RESOLUTION OF THE LARIMER COUNTY BOARD OF COMMISSIONERS REGARING HARPER CONSERVATION EASEMENT

R00-70s FINDINGS AND RESOLUTION APPROVING THE EAGLE VIEW ESTATES PRELIMINARY PLAT

R00-72s FINDINGS AND RESOLUTION APPROVING THE MASTER/ PRELIMINARY PHASE PLAN OF INTERCHANGE BUSINESS PARK PLANNED UNIT DEVELOPMENT

R00-73s FINDINGS AND RESOLUTION APPROVING THE MEYER FARMS MINOR RESIDENTIAL DEVELOPMENT

R00-74s FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENT IN HUSTED HEIGHTS SUBDIVISION LOT 2

R00-75g RESOLUTION APPROVING THE NORTH FRONT RANGE TRANSPORTATION ALTERNATIVE FEASIBILITY STUDY VISION PLAN

R00-76g RESOLUTION DECLARING THE OFFICIAL INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY COLORADO TO REIMBURSE THE COUNTY FROM POCEEDS OF TAXABLE OR TAX-EXEMPT BORROWINGS FOR CAPITAL EXPENDITURES INCURRED WITH RESPECT TO THE ACQUISITION, PROTECTION, IMPROVEMENT, MANAGEMENT, MAINTENANCE AND ADMINISTRATION OF OPEN SPACE, NATURAL AREAS, WILDLIFE HABITATES, PARKS AND TRAILS

R00-77g RESOLUTION PROPOSING AN AMENDMENT OF EXPENDITURES AUTHORIZED BY ELECTORS AT THE NOVEMBER 4, 1997 GENERAL ELECTION; CALLING ELECTION; CERTIFYING BALLOT TITLE

Motion carried 2 - 0.

5. PROCLAMATION FOR SEXUAL ASSAULT AWARENESS MONTH: Ms. Meginness and Mr. Ratliff presented the Board with a proclamation declaring April as Sexual Assault Awareness Month and informed them of the events which are planned to kickoff the month. Commissioner Disney suggested using the County television station to raise public awareness, and then read the proclamation for the record.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners Proclaim the month of April as Sexual Assault Awareness Month.

Motion carried 2 - 0.

6. WORKSESSION: None

7. COMMISSIONER REPORTS: Chair Pro-Tem Rennels stated that she and Marc Engemoen had met with approximately 25 adjacent property owners of the new fairgrounds site to discuss traffic impacts. She also mentioned that she would be going to Washington D.C. on April 5 to try to get a refund of PILT funds.

8. RESOLUTION PROPOSING AN AMENDMENT OF EXPENDITURES AUTHORIZED BY ELECTORS: County Attorney George Hass and Assistant County Attorney Nate Donovan joined the meeting to present a resolution proposing an amendment of expenditures authorized by electors at the November 4, 1997 General Election. Mr. Donovan stated that the consultant report regarding a new administrative building vs. remodeling the existing courthouse building would not be available until the end of April. However, due to the timing of the election, the ballot language needs to be approved and sent to the printer immediately. If the report justifies remodeling the existing building, the June election will be canceled. Commissioner Disney asked that the ballot language be modified to be as direct and as simple as possible. Much discussion ensured regarding more simplistic language. Mr. Donovan will revise the resolution including the changes made and return for signature.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution Proposing Amendment of Expenditures Authorized by Electors at the November 4, 1997 General Election; Calling Election; Certifying Ballot Title as amended.

Motion carried 2 - 0.

Mr. Hass stated that since the language was being edited, he would like the following statement added to the end of Section 5: "The intent of this Resolution is to amend the sales tax potion passed at the November 4, 1997 general election and, this Resolution shall be interpreted consistent with that intent".

M O T I O N

Commissioner Disney moved that the Board of County Commissioners amend Section 5 to add the above statement.

Motion carried 2 - 0.

 

 

 

 

 

 

 

9. LEGAL MATTERS: At this time Jeannine Haag and Brian Treu, Assistant County Attorneys, joined the meeting.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:15 a.m. to discuss a property transaction, negotiations and possible litigation.

Motion carried 2 - 0.

Executive Session ended at 10:50 a.m., no action taken.

 

 

_______________________________________

KATHAY RENNELS, CHAIR PRO-TEM LARIMER COUNTY BOARD OF COMMISSIONERS

 

 

____________________________________

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

(SEAL)

 

ATTEST:

 

__________________________________

Jean M. O'Connor, Deputy County Clerk

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