MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 18, 2002

LAND USE HEARINGS

(#22 & 23)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Sarah Flick and Doug Ryan, Environmental Planners; Sean Wheeler, and Al Kadera, Planners II; Roxann Hayes and Christie Coleman, Civil Engineers; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Wheeler stated that a citizen would like to discuss item #3 and requested it be removed from the consent agenda.

1. AMENDED PLAT OF LOTS 71, 72, 73, & 74 OF THE REPLAT OF MARIANNA PARK SUBDIVISION: SE 1/4 OF SECTION 20, TOWNSHIP 5 N, RANGE 69W; LOCATED NEAR SOUTH SHORE OF BOEDECKER LAKE, EAST OF COUNTY ROAD 23E.

This is a request to combine Lots 71 through 74 into two, larger lots. Staff recommendation is approval of the Amended Plat of the Replat of Marianna Park Subdivision, Lots 71, 72, 73, & 74, file #02-S1910.

2. AMENDED PLAT OF THE WALTONIA ADDITION OF A PORTION OF LOT 12, CREATED BY MEETS AND BOUNDS LEGAL DESCRIPTIONS AS LOT 12A AND LOT12B: 09-05-71: ON THE SOUTH SIDE OF STATE HIGHWAY #34, WEST OF DRAKE IN THE BIG THOMPSON CANYON.

This is a request for an Amended Plat to adjust the existing lot line between Lots 12A and 12B in the Waltonia Subdivision, to correct an encroachment where a residence was built over the lot line. Staff findings include 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed 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. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval of the Amended Plat of a Portion of Lot 12 of the Waltonia Subdivision, creating Lots 12A and 12B, subject to the following conditions 1. The applicant shall provide an amended plat that accurately depicts the location of the existing manufactured home; 2. All plot plans submitted by the applicant must be based on the information shown on the final recorded amended plat; 3. The final amended plat must corrected so that the existing structure complies with the current setbacks for the O-Open Zone District, or the applicant must receive approval from the County Board of Adjustment for a reduced setback.; 4. The applicant shall complete all outstanding inspections and permitting processes through the Larimer County Building Department.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Mariana Park Lots 71 - 74 Amended Plat and Waltonia Addition Lots 12A & 12B Amended Plat as presented and outlined above.

Motion carried 3 - 0.

3. HELZER CONSERVATION DEVELOPMENT (CD) PRELIMINARY PLAT: 12-06-68: ON THE WEST SIDE OF COUNTY LINE ROAD (OR CR #901) TWO MILES SOUTH OF COUNTY ROAD #36 (HARMONY RD.) SOUTHEAST OF Fort Collins, EAST OF I-25

This is a request for a Preliminary Plat to divide 36.52 acres into a Conservation Development with two residential lots and two residual lots. Staff recommendation is approval of the Helzer Conservation Development Preliminary Plat with the following conditions 1. The Final Plat of the Helzer Conservation Development shall be consistent with the information contained in the file, #01-S1745 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 3. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 4. The applicant shall provide a signed agreement with the Cache La Poudre Irrigation Company, which outlines the rights and responsibilities of both the Canal owner and the Conservation Development lot owners. The Disclosure Notice and the Covenants shall also make note of this agreement. Covenants for the project must also include language to ensure lot owners are aware of the numerous issues associated with the Canal, including maintenance schedules, types of maintenance, water rights, and possible restrictions; 5. The applicant shall combine residential Lot 1 with residual Lot B on the final plat as a larger residential lot; 6. The Final Plat must show a 100-foot rear yard setback line from the edge of the Timnath Reservoir Outlet Canal for the placement of all new septic systems and structures; 7. The applicant shall provide a Final Management Plan for review and approval by Larimer County as part of the Final Plat in compliance with the standards in Section 8.10 of the Land Use Code; 8. The applicant shall provide a letter of support from the water district prior to final plat.

Mr. Wheeler briefed the Board regarding the proposal and reiterated that no new building sites are being created.

Dr. Johnson, adjacent property owners, inquired if the County requires separate water taps and noted the existing taps are compound.

Mr. Helzer, the applicant, stated that he has received a letter from Weld Water regarding the water and noted that Dr. Johnson is on Greeley Water.

Mr. Timm stated that staff relies on comments/requirements of the districts when stating conditions of approval. Commissioner Rennels suggested an additional condition of approval to require a letter of support from the water district prior to final plat. Mr. Helzer concurred.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Helzer CD Preliminary Plat as presented and amended with a new condition of approval regarding a letter from the water district.

Motion carried 3 - 0.

4. LAND USE CODE AMENDMENT

This is a request to amend Subsection 8.17 of the Land Use Code by adding a new Subsection 8.17.4 concerning the certification of building setbacks and the location of buildings within building envelopes. Staff findings include 1. The proposed amendment is consistent with the Master Plan; 2. The proposed amendment is consistent with the intent and purpose of the Land Use Code. Staff recommendation is approval of the Amendment to Sub-section 8.17 of the Land Use Code.

Mr. Doug Kindsfater noted that "E" of the proposed new subsection clearly states that the entire amendment is not necessary since the Chief Building Official has the authority to require a survey if there is ever a question concerning a lot line, building envelope or building location. Mr. Kindsfater stated that a site plan is already required/submitted/ and approved by the County and that an additional survey per lot is an unnecessary added expense to homeowners.

Much discussion ensued regarding the necessity of the proposed amendment to the Code.

Mr. Kadera stated that many of the boundary line adjustment and amended plat applications are a result of building over a boundary line. Recommendation "E", Mr. Kadera continued, could be deleted since the Chief Building Official already is authorized to require a survey by virtue of the adopted building code.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the amendment to the Land Use Code Subsection 8.17.A as presented and amended by deleting "E".

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:50 p.m.

LAND USE HEARING

(#22 & 23)

The Board of County Commissioners reconvened at 6:30 p.m. with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jill Bennett, Senior Planner; Russ Legg, Chief Planner; Doug Ryan, Environmental Planner; K-Lynn Cameron, Open Lands Manager; Roxann Hayes and Christie Coleman, Civil Engineers; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. HIDDEN VALLEY ESTATES PRELIMINARY RURAL LAND USE PLAN: SECTIONS 5, 6, 7, AND 8, TOWNSHIP 5, RANGE 69; LOCATED APPROXIMATELY 2 MILES WEST OF WILSON AVENUE IN THE CITY OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34, EAST OF THE DEVIL'S BACKBONE.

This is a request to divide approximately 263 acres into 15 single-family residential lots on about 60 acres and the remaining 203 acres being protected from further development in perpetuity. Support for the Hidden Valley Estates Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space and wildlife habitat; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current FA1-Farming zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project. The site-based incentives (8 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized as 1. Perpetual protective covenant on residual land; 2. Preservation of open space and wildlife habitat; 3. Homeowners association protective covenants with architectural controls; 4. Transportation capital expansion fees received from the project; 5. School and park fees received from the project; 6. Fewer residences than likely allowed through subdivision process; 7. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels; 8. Capping of existing dump area in accordance with Colorado Department of Health and Environment requirements. Staff recommendation is approval of the Hidden Valley Estates Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners 1. Internal road design and other engineering requirements, including utilities, roads, road easement dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by County Engineering Department. Roads shall be contained in a private access and utility easement and roads shall not be required to be in a public right-of-way; 2. The applicants and their design teams shall remove the proposed low water crossing and instead shall design and construct a culvert or box culvert bridge structure. This structure shall comply with the requirements of section 7.H.4 of Appendix G of the Larimer County Road Manual including the referenced section 7.1 of the Larimer County Road Manual and the referenced Larimer County Storm Water Management Manual. As determined by the above-mentioned codes the major design storm shall be the 100-year event. Notice of potential safety issues relating to this drainage crossing must be included in the disclosure statement; 3. The proposed secondary access must be locked with a Knox padlock, per Loveland Fire Prevention Bureau requirements; 4. Preliminary soil testing must be completed and lot design approved by the Larimer County Health Department prior to final plat approval; 5. The closure plan for the Big Thompson flood dump site must be completed and accepted by the Colorado Department of Health and Environment prior to issuance of building permits; 6. Cleanup of surplus vehicles and mining support buildings and materials must be completed and an environmental assessment done for that cleanup prior to the issuance of building permits; 7. Lot 1 has an existing dwelling that is planned to remain. However, the small dwelling west of this location is to be removed as are the mobile homes located in the mining process area prior to the issuance of building permits; 8. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. The residual land management plans shall contain a wildfire hazard mitigation plan, including a maintenance schedule to keep grasses to a minimum height, thus reducing the potential wildfire threat. The County Wildfire Safety Specialist shall approve this plan; 9. Restrictive covenants, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; 10. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 11. Notice of potential hazards of the excavations for the former mining activities must be included in the disclosure statement; 12. De-annexation and re-zoning or placement of property under perpetual covenant restricting development of the parcel annexed into the City of Loveland will be required prior to final plat approval. No new residential development shall be allowed south of the north boundary of this parcel; 13. The Colorado Department of Transportation approve the access to State Highway 34 prior to final plat approval; 14. Prior to final approval, applicant will renew an expired permit for a storage building and have a final building inspection conducted and provide a confirmation that the mobile home(s) have been removed from the property per building code enforcement; 15. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 16. Applicant shall consult with the Louden Irrigating Canal and Reservoir Company regarding actual impacts of the development on the irrigation ditch which traverses the southern portion of the property and shall propose to the satisfaction of the County reasonable measures to mitigate those impacts; 17. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) The construction of any single-family residence in this development will require the installation of residential fire sprinklers because fire hydrants and/or a public water supply are not present to provide fire protection; b) Notes regarding drainage crossing and mining activities; c) 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 Building 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; d) Engineered footings and foundations are required for new residential construction; e) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; f) 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; g) 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; h) Agricultural operations and farming practices, as well as industrial and mining practices, on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; i) 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. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; j) Larimer County has adopted a Right to Farm Resolution; k) The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; l) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor. If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; m) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; n) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; o) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; p) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement; 18. Landowners will recognize and reflect on the final plat, any prescriptive rights of adjacent landowners, which may exist; 19) The applicant shall install a Knox lock gate once the Highway 34 access has been permitted and constructed.

Mr. Reidhead briefed the Board on the proposal and suggested an additional condition of approve regarding a potential access off State Highway 34.

Mr. John Barnett, representative for the applicant, explained the history behind and the layout of the proposal. Commissioner Bender inquired about the parcel to the east and its' relationship to this application. Mr. Barnett stated that the applicant is currently in negotiations to purchase the parcel, and if successful, the number of proposed lots before the Board would be reduced on the current site and applied to the eastern parcel. There would not, Mr. Barnett continued, be any additional lots proposed for either site if negotiations come to fruition.

At this time the hearing was opened for public comment and Ms. Sandra Brewer, adjacent property owner expressed concern with current traffic and requested the proposed Knox locked gate become effective immediately.

Mr. George Call noted that the applicant has addressed concerns and supports the proposal.

Ms. Kitty Wild stated that the proposed locked gate would prohibit the Wild family historic access to their property north of this site. Ms. Wild requested a guaranteed alternative access to the Wild family access. Ms. Wild also requested under condition #17.h; mining and industrial uses also be included as on-going practices on adjacent properties.

Mr. Greg Wild informed the Board that he currently has an access on the parcel currently under negotiations and requested a guaranteed alternative access on that parcel for 18 future lots to the north of this proposal. Commissioner Rennels stated that the Board could not guarantee the future of a proposal that has not been presented to the Board for review.

Mr. Jeff Anderson and Mr. Robert Bailey expressed support for the proposal.

Mr. Bill Jenkins requested a decision regarding the proposal be postponed until issues could be further addressed.

Ms. Kathy Hartman stated that area residents have formed an organization called "Save the Backbone Valley" which would raise money to purchase the valley from further development.

Ms. Pat Possin asked how the Open Lands Manager has been involved with the proposal.

Ms. Jean Borschnack expressed appreciation to the applicant and staff for their efforts to work with existing residents.

Mr. Bob Pate noted concerns with drainage resulting from the old plaster mill.

At this time the hearing was closed to the public and Mr. Barnett rebutted by stating that the proposed locked gate is the only access to the site but that the applicant is will to install the lock once the State Highway 34 accesses has been permitted and constructed. As for access to the Wild properties, Mr. Barnett continued the applicant will negotiate in good faith and noted that he is currently unaware of any prescriptive access rights across either parcel. Drainage concerns: the drainage model will be extended to address flooding concerns further down south of the valley.

Ms. Cameron stated that the Open Lands program has worked with the applicant to address the following 1. A regional trail easement to the north of the proposed site; 2. A new Trailhead design and location for the Devil's Backbone open space; 3. Removal of the current parking lot to increase drainage swail and additional burming; 4. Continue negotiations with the applicant to relocate sites 13, 14, & 15.

Commissioner Rennels asked is the Louden Ditch has a siphon on the site and Ms. Cameron replied in the affirmative and noted that the trail would be located below the siphon. Commissioner Rennels noted liability concerns from the ditch company and their preference for a chain link fence.

Commissioner Rennels complemented the area residents in their efforts to preserve and raise funds to purchase the land. Commissioner Rennels also suggested that the Open Lands program should financially participate in any required improvements by the Colorado Department of Transportation for the Highway 34 access. An additional condition of approve, Commissioner Rennels continued should address existing any prescriptive easements/access rights. Ms. Haag suggested the following language, "Land owners will recognize and reflect on the final plat, any prescriptive rights of adjacent landowners which may exist".

Chair Gibson noted that the County does not maintain roads, but suggested that the County participate in maintenance for that portion of road from the access off Highway 34 to the trailhead.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Hidden Valley Rural Land Plan as presented, amended with additional conditions and outlined above.

Motion carried 3 - 0.

2. LAND USE CODE AMENDMENTS FOR TRAFFIC STUDIES

This is a request to amend the Land Use Code regarding Traffic Impact Studies to correct inconsistency in the Code. Ms. Hayes stated that the proposed amendment is to correct conflicting traffic study requirements in Growth Management Areas.

No public was present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Land Use Code Amendments for Traffic Studies as presented and outlined in the official file 02-CA0030.

Motion carried 3 - 0.

3. AMENDMENTS TO THE COUNTY LAND USE CODE PERTAINING TO GROWTH MANAGEMENT AREAS AND GROWTH MANAGEMENT AREA ZONING DISTRICT

This is a request to amend the following Sec. 4.1.22 PD-Planned Development (repeal and recreate); Sec. 4.2.1 Growth Management Area Overlay Zone (repeal and recreate); Sec. 4.4 Amending the Official Zoning Map (Rezoning); Sec. 4.5 Special Review; Sec. 4.7 Zoning Special Exceptions; Sec. 5.2 Planned Land Divisions; Numerous Sections where term "GMA" is used (see list in official file #02-CA0030). Sec. 8.1.5.C Safe and Adequate Access; Sec. 9.3.2.C, Sec. 9.3.5, 9.3.8, and 9.3.11.A Community Park Land Fees.

No public was present to comment on this item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Amendments to the County Land Use Code pertaining to Growth Management Areas and Growth Management Area Zoning Districts as presented and outlined in the official file #02-CA0030

Motion carried 3 - 0.

  1. AMENDMENTS TO THE COUNTY LAND USE CODE RELATING TO IMPLEMENTATION OF THE I-25 CORRIDOR PLAN

This is a request to amend Sec. 5.3.7 Conservation Development Cluster Design; Sec. 8.5.9 Landscaping General Design Standards; Sec. 8.5.10 Landscaping Definitions; Sec. 8.7.3.VI Sign Regulation Table; Sec. 8.7.10 Prohibited Signs; Sec. 8.6.3 Parking Lot Layout; Sec. 8.14.3 Development Design Guidelines; Sec. 16.1.2 Commercial Mobile Radio Service (CMRS) Facilities.

No public was present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Land Use Code Amendments related to the Implementation of the I-25 Corridor Plan as presented and outlined in the official file #02-CA0030.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:50 p.m.

TUESDAY, MARCH 19, 2002

ADMINISTRATIVE MATTERS

(#24)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jerry Blehm, Director of Environmental Health; Ed Schemm, Assistant Director of Environmental Health; Donna Hart, Commissioner's Administrative Assistant; Deni La Rue, Community Information Manager; Dave Lentz, County Forester; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Kim Nohava, Fleet Services Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Commissioner Rennels stated that she had received an email recognizing Mr. Schemm for his above and beyond the call of duty efforts to assist a citizen. Commissioner Rennels noted that the citizen had called Mr. Schemm at home one evening and according to the citizen, Mr. Schemm did not hesitate to assist even though it was after business hours.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 11, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of March 11, 2002 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MARCH 25, 2002:

M O T I O N

Commissioner Rennels moved that the schedule for the week of March 25, 2002 be approved as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the following documents be approved as published on the consent agenda for March 19, 2002:

PETITIONS FOR ABATEMENT: Mabis; Maki; Midpoint Development, LLC; Munroe; Navratil; Norton; Peterson; Phillips; Qualex, Inc; Rahne; Rawah Partners; Rose; Sabet; Schneider; Schnug; Schoen & Simmons; Schwarz; Scott; Smart; Smith; Smith; Strachan; Stuart; Thomas; Todd; Trujillo; Walker; Wild; Williams; Willow Creek Partners; Wilson; and Youngblood.

A02-31 AMENDMENT TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELTA DENTAL PLAN OF COLORADO GROUP #0593

A02-32 ANNUAL MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

A02-33 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT

A02-34 AMENDED AND RESTATED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR PROPERTY TRANSFER

A02-35 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PACIFICARE OF COLORADO

C02-09 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO COALITION FOR THE HOMELESS FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)

R02-52s RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF FALLON CYR SUBDIVISION

R02-53z FINDINGS AND RESOLUTION DENYING THE PETITION FOR REZONING OF STANLEY HEIGHTS LOTS 48 AND A PORTION OF LOT 47

MISCELLANEOUS: Ramona Heights Amended Plat of Lots 17a and 17b, Block 11; Dix Amended Plat; and Highland Place Tracts 39 & 40 and Lot 5 of William Gray's Re-subdivision.

LIQUOR LICENSES: The following license was issued White Buffalo- Temporary- Loveland, CO. The following licenses was approved White Buffalo- Transfer of Ownership- Loveland, CO.

Motion carried 3 - 0.

5. COUNTY PARTICIPATION IN PLANNING IMPROVEMENTS AT I-25 AND STATE HIGHWAY 392 INTERCHANGE: Mr. Engemoen stated that the interchange is in need of improvements and that the Crossroads Study recommendation is to move the frontage roads further away from the interchange. However, in the interim, Mr. Engemoen continued, all parties have agreed to short-term improvements for which the County's contribution would be $10,000. Mr. Engemoen proposed the use of "contingency funds" currently held in the Road and Bridge Department.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a contribution from the Road and Bridge Department of $10,000 toward the cost of the design effort for the I-25 and State Highway 392 Interchange.

Motion carried 3 - 0.

6. RESOLUTION CONCERNING COUNTY PEST CONTROL AND PLANT DISEASE CONTROL PROCEDURES: Mr. Lentz requested approval of an updated resolution regarding the pest control and plant disease control procedures, which include changes to the Pest Control Act.

M O T I O N

Commissioner Rennels moved the Board of County Commissioners approve a updated resolution concerning the County Pest Control and Plant Disease Control Procedures.

Motion carried 3 - 0.

R02-54g RESOLUTION REGARDING THE LARIMER COUNTY PEST CONTROL AND PLANT DISEASE CONTROL PROCEDURES

7. CONSTRUCTION OF COUNTY ROAD 5 NORTH OF THE NEW LARIMER COUNTY FAIRGROUNDS: Mr. Engemoen proposed that the County pave County Road 5 from the southerly entrance to the new fairgrounds north to County Road 30. In partnership, Mr. Engemoen continued, the City of Loveland and the Town of Windsor have agreed to a repay program for that portion of the improvements adjacent to the fairgrounds easterly boundary. Mr. Engemoen noted that he expects this would be a 100% repay from future development. Commissioner Bender expressed concern with moving the Pingree curve "safety" improvement to the year 2004 and Mr. Engemoen noted that the Pingree curve would be prioritized if estimated costs for the paving of County Road 5 are higher.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and direct the Engineering Department, in conjunction with the development of the new Fairground, to develop and pave County Road 5 as a continuous two lane roadway from Crossroads Boulevard north two miles to County Road 30.

Motion carried 3 - 0.

8. POLICY WAIVER TO INCREASE PROBATIONARY EVALUATION: Mr. Nohava stated that Mr. Ryan Shearer was hired at the lowest end of the hiring spectrum but has far exceeded in job performance. Mr. Nohava requested a waiver of policy to increase the standard evaluation increase from a 2-step to a 4-step.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a policy waiver to increase probationary evaluation from the standard 2-step to a 4-step increase.

Motion carried 3 - 0.

  1. WORK SESSION: None

10. COMMISSIONER REPORTS: Commissioner Bender noted his attendance at the following Larimer/Weld Water Group meeting; Office on Aging; CCI; and American Legions Program. Commissioner Rennels stated her attendance at the following Interviews for Fairground Managers, Local Legislators meeting; several meetings in Denver; Leadership conference with the Chamber of Commerce; and a work session regarding the Alps Tire clean-up. Chair Gibson stated that he attended a joint meeting with Weld County; a joint meeting with the City of Loveland and Thompson R-2J School District; and the St. Patrick's Day parade.

11. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:25 a.m.

_________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board

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