> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 18, 1994

SUBDIVISIONS

(#427 & 428)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Carol Evans, Planner; Al Kadera, Subdivision Administrator; Russ Legg, Development Processing Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health, and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board table the Cashmere Downs Subdivision until February 28, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Cashmere Downs Subdivision (#93-SU0293) until February 28, 1994, as requested by Mr. Barnett.

Motion carried 3 - 0.

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

1. LA MADRINA SUBDIVISION (#93-SU0334): NE 36-05-69, WEST SIDE

OF COUNTY ROAD 13, ONE HALF MILE NORTH OF COLORADO

HIGHWAY 60; 11.49 ACRES; 2 LOTS; FA-FARMING ZONING (01-18-94)

This is a request to divide an 11.49 acre parcel with one existing dwelling into two lots of 4.55 and 6.94 acres for single family dwellings. This property is Lot 1 of the La Madrina Minor Residential Development (S-12-89). Staff Findings include: 1) La Madrina Subdivision is a proposed split of Lot 1 of the La Madrina Minor Residential Development; 2) The proposed development appears to be consistent with the existing character of the area; 3) Because of the wetland area on this site, an engineered septic system may be better suited at this location. The applicant has requested a variance from the provisions of the Larimer County Water, Sewer and Fire Safety Standards regarding use of standard vs. engineered septic systems; 4) Approval of the public sewer waiver request, septic variance and the proposed La Madrina Subdivision, with certain conditions, should not result in any significant negative impacts on surrounding property, utility services, transportation facilities or the natural environment.

The Staff/Planning Commission Recommendations are for Approval of the Urban Growth Area waiver request regarding public sewer; Approval of the requested variance from the provisions of the Larimer County Water, Sewer and Fire Safety Standards regarding use of standard vs. engineered septic systems; and Approval of the Preliminary Plat for La Madrina Subdivision, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes; 2) An Annexation Agreement shall be signed and recorded, as required by the Intergovernmental Agreement with Loveland; 3) The wetlands area, including the area of high water limits, shall be designated on the Final Plat as a non-building area. A permanent drainage easement, to be field determined in size, shall be provided on the Final Plat. The "buffer area" of natural vegetation to be maintained between the wetlands and any formal landscaping on these lots must be labeled on the Final Plat; 4) Building envelopes must be shown on the Final Plat to keep all structures out of the wetlands area and to ensure that new residences are constructed within 400' of a fire hydrant. If installation of another fire hydrant is needed in order for these lots to comply with the 400' construction limit, plans must be submitted to the Fire Marshal for approval prior to installation of the hydrant. If this installation is necessary, the developer may complete it prior to Final Plat application. Written acceptance of the hydrant from the Water District and Fire District for the hydrant should then be submitted with Final Plat application; 5) The developer must pay fees required by Little Thompson Water District. Written notice from the Water District that the fees have been paid must be submitted with Final Plat application; 6) School fees of $8 for the vacant lot must be paid prior to recording the Final Plat; 7) Concerns of the Big Thompson Ditch Company must be addressed in a written agreement between the developer and the Ditch Company; 8) The proposed new street name must be approved by all property owners which use this road for access; 9) The following notes shall be placed on the Final Plat: A) Landscaping should be designed to minimize runoff of pesticides and fertilizer into the wetland area; B) To mitigate possible conflicts with wildlife, trash containers should be of solid construction with latching lids. Any chicken coops/pens should be enclosed with the sides extending down into the ground several inches to prevent digging in by wildlife; C) New residences on this site shall be constructed using radon gas reduction techniques; D) Engineered footings and foundations shall be required for all construction on this site; E) An engineered septic system may be required for Lot 1. These systems are more expensive than standard septic systems and have additional maintenance requirements; F) Underground utilities are required; G) Larimer County Park Fees for the Loveland Growth Area shall be paid at building permit issuance for a residence on Lot 1; H) The Street Capacity Waiver Fee for the Loveland Urban Growth Area shall be paid at building permit issuance for Lot 1; this fee is $268; I) Any work in the wetlands area will require compliance with the US Army Corps of Engineers permit process; 10) As-built plans and a letter of substantial compliance from the engineer overseeing the construction of Straight Street shall be submitted to insure that this street was constructed in accordance with the plans approved by the Larimer County Engineering Department for the La Madrina Minor Residential Development; 11) All easements of record and as requested by utility companies must be shown on the Final Plat.

2. LAMY MINOR RESIDENTIAL DEVELOPMENT EXTENSION

(#92-EX0047): NW 1/4 OF 25-05-73; SOUTH OF U.S. HIGHWAY 34

ADJACENT TO THE ESTES PARK CITY LIMITS, ONE MILE WEST

OF MORAINE AVENUE; 38 ACRES; 3 LOTS; T-TOURIST ZONING

(01-18-94)

This is a request for Minor Residential Development to divide 38 acres into three lots for single family dwellings and a request for time extension. Staff Findings are: 1) The Lamy Minor Residential Development was conditionally approved on October 26, 1992; 2) The applicant has made steady progress toward meeting the conditions of approval, so the Final Plat could be recorded; 3) Circumstances beyond the applicant's control have resulted in a delay in meeting the conditions of approval; 4) Granting an Extension to April 1, 1994 will not result in any significant negative impacts on any interest the County has in this application. Staff Recommendation is for Approval of an Extension of Time to April 1, 1994 for the recording of the Lamy Minor Residential Development.

3. VAN RIPER MINOR RESIDENTIAL DEVELOPMENT EXTENSION

(#92-EX0031): N 1/2 OF 26-04-70; EAST OF COUNTY ROAD 27E,

1 MILE NORTH OF WHERE COUNTY ROAD 4 BECOMES COUNTY

ROAD 27E; 40 ACRES; 2 LOTS; O-OPEN ZONING (01-18-94)

This is a request for Minor Residential Development to divide 40 acres into two lots for single family dwellings and to extend the Final Plat request. Staff Findings include: 1) The Van Riper Minor Residential Development was conditionally approved on August 10, 1992; 2) Legal problems with a contractor apparently prevented the applicant from proceeding with the completion of this project; 3) Conditions in the neighborhood around this site have not changed since the Minor Residential Development was approved; 4) The applicant agrees to meet all the conditions of approval before the Final Plat is recorded.

Staff Recommendation is for Approval of an extension of the final approval of the Van Riper Minor Residential Development, with the condition that all conditions of the original approval shall be met and the Final Plat recorded on or before April 1, 1994.






M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the La Madrina Subdivision (#93-SU0334), the Lamy Minor Residential Development Extension (#92-EX0047), and the Van Riper Minor Residential Development Extension (#92-EX0031); each, with the conditions as outlined.

Motion carried 3 - 0.

4. GOOSE HOLLOW ESTATES SUBDIVISION (#93-SU0330): NE 1/4 OF

20-04-69; 1/4 MILES WEST OF THE SOUTHWEST CORNER OF COUNTY

ROAD 21 AND COUNTY ROAD 8; 25.3 ACRES; 8 LOTS; FA-1 FARMING;

(01-18-94).

This is a request to divide 25.33 acres with one existing residence into eight lots ranging in size from 2.5 acres to 4.3 acres for single family dwellings. Mr. Kadera reviewed the major concerns and issues. Chair Duvall asked if Staff concurs with the Town of Berthoud's recommendation for approval with the condition that the lots connect to the sewage treatment plant in Vaquero Estates. Mr. Kadera responded that economic and physical constraints in terms of that extension would be prohibitive and Mr. Blehm concurred. Mr. Kadera suggested that perhaps a regular maintenance program for septic systems could be built into the homeowner's association, but it was decided not to add this condition at this time. Staff Findings include: 1) The proposed Goose Hollow Estates Subdivision is consistent with the existing zoning of the site, existing development in the area, and the Land Use Plan designation; 2) Adequate access and utility service can be provided to this site; 3) The applicant has demonstrated that at least 70% of the lots are capable of supporting standard septic systems; 4) Approval of the proposed Preliminary Plat for Goose Hollow Estates Subdivision, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment.

The Staff/Planning Commission Recommendations are for Approval of the variance to allow a cul-de-sac longer than 600 feet with the condition that the turn around be constructed to meet minimum County and Fire Department specifications; and Approval of the Preliminary Plat for Goose Hollow Estates Subdivision, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat and with the minimum requirements of the Subdivision Resolution; 2) Construction drawings shall be approved by the County Engineer, County Flood Plain Administrator, State Highway Department, Berthoud Fire Department and the Little Thompson Water District; 3) Each lot shall contain a septic envelope and, where necessary, a building envelope to ensure that septic systems are placed in the appropriate location on each lot; 4) The Final Plat shall dedicate 15-foot utility easements along the front of each lot; 5) The following notes shall appear on the Final Plat: A) Prospective lot owners should be aware that some lots may require engineered septic systems which are more expensive to install and operate than standard systems; B) Goose Hollow Drive is a temporary dead end road. When property south of this site develops, Goose Hollow Drive will be extended to the south to provide access to the new development; C) Engineered foundation plans will be required for all construction on this site; D) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any single family dwelling on this site. The test shall be conducted after the structure is enclosed; E) Larimer County Park Fees shall be collected when building permits are issued for each single family dwelling on this site; F) Wild animals may cause damage to lawns and ornamental plantings. The Division of Wildlife shall not be held responsible for this damage. Wild animals may be a danger to domestic pets. Dogs and cats should be confined to the owner's lot to prevent the harassment of wildlife. Mr. Von Metzger, applicant, concurred with the findings and conditions of approval for this request.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Goose Hollow Estates Subdivision (#93-SU0330), with the conditions as outlined.

Motion carried 3 - 0.

5. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT MASTER PLAN

AND PRELIMINARY PHASE PLAN (#93-MS0347 & #93-MS0375):

NE 1/4 23-06-68; SOUTH SIDE OF STATE HIGHWAY 392, EAST SIDE

OF COUNTY ROAD 3; MASTER PLAN AREA 210.09 ACRES WITH 105

UNITS; PHASE PLAN AREA 56 ACRES WITH 30 UNITS; FA-1 ZONING

(01-18-94)

This is a request for Planned Unit Development with a Master Plan to create 105 lots on 210 acres with approximately 75 acres of open space and Preliminary Phase Plan for 30 lots on 56 acres. Mr. Legg provided the site description, area analysis, reviewed the major concerns and issues, and submitted an aerial photo of the site. Mr. Legg noted that the two primary concerns are regarding transportation, with the impact of development on State Highway 392 and the future Ptarmigan development, and erosion control. Mr. Burns has recommended that a specific soil erosion control plan be submitted with the Final Plat. Staff Findings include: 1) The proposed Highland Hills Planned Unit Development is in conformance with the existing FA-1 Zoning of the property; 2) The proposed Highland Hills Planned Unit Development is consistent with the Rural Non-Farm land use classification and criteria of the Larimer County Land Use Plan; 3) The proposal appears to be compatible with the developing character of the area and immediate neighborhood; 4) Approval of the proposed Highland Hills Planned Unit Development, with the following conditions, will not result in any significant negative impacts on surrounding property, utility services, transportation facilities or the natural environment.

Commissioner Hotchkiss expressed concern about safety at the County Road 3 intersection; Mr. Burns responded that the applicant has submitted a traffic impact report noting that the site distance along the vertical curve of State Highway 392 is 610 ft. and this is an adequate site distance. Commissioner Hotchkiss also asked if the applicant has committed to road improvements on CR 3, and also wondered if the future property owners will be informed of the adjacent illegal Johnson Landfill. Mr. Blehm noted that the landfill is closed, and the developers are aware of it. Commissioner Disney also noted concern over the road conditions of CR 3. Mr. Burns stated that the developer has agreed to pay a road impact fee for improvements on CR 3-- approximately $250 per lot or $30,000 total, which will assist in dust control measures.

Mr. Martell, attorney for the applicant, submitted petitions signed by adjacent property owners favoring approval of this request and noted that the applicant is in agreement with all the conditions and requirements of Staff. Mr. Martell noted the developer is aware of the Johnson Landfill and its presence will be disclosed to any prospective purchaser in any contracts. Mr. Martell also discussed how the developer intends to address the concerns regarding CR 3, which were alluded to by Mr. Burns; such as, conducting the traffic impact study, imposition of road impact fees, improvements at the intersection, and noted also that the interior street will provide a direct route back to 392 and will be paved. However, Mr. Martell stated that the applicant is willing to reconsider expanded cost allocations for road improvements on CR 3; the $250 per lot road impact fee was determined in response to Mr. Burns original calculations. Commissioner Disney requested that a note be placed on the plat that the homeowner is locating within a certain distance to a heavily used airport and subject to airport noise. Craig Harrison presented charts graphically showing the infra-structure, surrounding development, and open space in the area and noted that the covenants state that certain areas can never be subdivided. Chair Duvall indicated her concerns that the proposed development is not adjacent to the UGA and is ahead of its time. The County is trying to do some things with transferable development rights and set up receiving areas and this location may be a logical place for a receiving area due to existing infrastructure. Commissioner Disney noted that in the future, we need to amend our land use plan to include transferable development rights and look at allowable densities. After lengthy discussion of the concerns, the conditions of recommendation were amended as follows:

The Staff/Planning Recommendations are for Approval of the Master Plan for Highland Hills Planned Unit Development, with the following conditions: 1) Portions of the Master Plan without Final Plat approval shall expire January 18, 1999 unless otherwise extended by Larimer County; 2) All future phase plans shall go before the Larimer County Planning Commission for review and recommendation prior to hearing by the Board of County Commissioners; 3) Future phase plans shall be in accordance with the density guidelines and restrictions of the approved Master Plan; 4) Direct Staff to work with the applicant on setting up potential receiving areas which would have higher density than Phase I of the Master Plan; and Approval of the Preliminary Plat for Phase I of Highland Hills Planned Unit Development, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes; 2) All concerns of the reviewing agencies, and specifically the State Highway Department, County Engineer, County Drainage Administrator, Fire Authority, and the utility districts shall be addressed by approved construction plans, approved cost estimates and appropriate collateral prior to scheduling the Final Plat approval with the Board of County Commissioners; 3) Final Plat documents shall include an over lot grading plan, erosion plan, a reseeding plan, calculations for sizing of the detention ponds and a final landscape plan. Collateral shall include installation of the landscaping material, and erosion control/dust control plans; 4) Sign details, size, and lighting shall be provided and approved with the Final Plat; 5) Internal subdivision roads shall be paved and constructed to Larimer County standards. Utilities shall be underground and street lights provided; 6) Urban level fire protection shall be provided and documentation of fire flow provided prior to collateral release; 7) A letter from REA shall be presented with the Final Plat indicating that requested utility easements have been provided on the recording document; 8) The following notes shall appear on the Final Plat: A) Engineered foundation plans shall be required for all construction on this site; B) Lots 1, 3, 4, 5, & 6 shall access from Windsor Court only. No lot shall directly access Highland Hills Drive; C) The results of a radon test shall be submitted to the Planning Department before a Certificate of Occupancy is issued for any individual residential structure on the site; D) Larimer County Park Fees are required; 9) The Final Plat shall indicate that the open space is a blanket utility easement. Fifteen (15) foot utility easements shall be placed adjacent to all lot lines and roads; 10) The applicant shall be required to notify the Assessor when the Final Plat is recorded. This notification is required by State Statute and is intended to ensure that the open space tract value is prorated among the lots to avoid a separate tax bill for open space. This notification shall be in writing and include a copy of the Final Plat as recorded. The applicant will need to submit quit-claim deeds for the open space tracts deeding them to the established Home Owners Association. Such deeds will be recorded with the Final Plat; 11) A complete and specific traffic analysis and report on the intersection of Larimer County Road 3 and State Highway 392 shall be coordinated with the planned improvements required for Ptarmigan Phase 3. Any improvements identified in the report shall be completed if required by the County Engineer and the State Highway Department; 12) A notation placed on the Final Plat that a major airport facility, which may be expanded, is located a short distance from this development; 13) A notation placed on the Final Plat that a landfill exists directly east of this property.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Highland Hills Planned Unit Development Master Plan (#93-MS0347) and the Preliminary Phase Plan (#93-MS0375), with the conditions as amended.

Motion carried 2 - 1; Chair Duvall dissenting.

At this time, Comprehensive Planner Jill Bennett joined the meeting for discussion of the next item.

6. SPRINGFIELD COURT P.U.D. (#93-MS0285): 33-07-69, WEST SIDE OF

SOUTH TAFT HILL ROAD, 1/4 MILE SOUTH OF HORSETOOTH ROAD;

(01-18-94)

This is a request for waiver of development fees. Ms. Bennett reviewed the background of this privately-developed multi-family project for low-income families and stated similar requests are being made of the City of Fort Collins and various utility providers. Ms. Bennett noted that the fee waivers will not only directly benefit the financing of the project, but will provide evidence of local government support for the project, which is a requirement of several of the State and Federal grants being used by the project. It was noted that the State application is due January 18, 1994 so waiting for policy development in this case would have the same effect as denying the request.

At the direction of the Board, the Planning Director recently called a meeting composed of County departments to discuss various options for the granting of fee waivers. After exploring the options, the group recommended the Board consider this specific case on its merits rather than develop a fee waiver policy at this time. The group generally supported a waiver of Park, Drainage, Building Permit and Plan Check Fees, but not Road Impact Fees. At this group meeting, the Director of Public Works noted that while park and drainage fees might not be critical in this project, road improvements were; the road fee for the project would be used as matching funds for the Taft Hill/County Road 38E intersection project and waiving the road fee would require the County to find other funding for the project. It was noted that this recommendation for waiver is conditioned on the applicant supplying documentation that the project will remain affordable housing for at least 15 years.

Rick Zier, attorney representing the applicant, noted that the City of Fort Collins has expressed support of the proposed Springfield Court Affordable Housing Project and has sent letters to Mercy Housing and the various funding sources encouraging them to make the necessary grants to help make the project a reality. The City expressed regret for the unfortunate timing situation where the development of this project precedes officially adopted methods of public participation. Mr. Zier requested the Board grant the waivers, including one half of the road impact fee, and draft a Letter of Intent to be included with the application, which needs to be submitted this week. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board approve the waiver of the County's share of the park, building permit, drainage, and road fees for the Springfield Court PUD.

Motion failed 1 - 2; Chair Duvall and Commissioner Hotchkiss dissenting.

More discussion ensued. Mr. Burns re-emphasized the recommendation of the Public Works Director for the Board to not waive any portion of the road impact fees.

M O T I O N

Commissioner Disney moved that the Board approve the waiver of the County's share of the park, building permit, drainage, and one-half of the road impact fees for the Springfield Court PUD.

Motion carried 3 - 0.

Mr. Zier assured the Board this project will be for affordable housing for at least 15 years, and Mercy Housing will guarantee the project for 30 years. The Board noted again for the record that the granting of fee waivers in the future will be on a case-by-case basis and the Board wants to be informed of the City's decision on this matter.

7. REQUEST FOR APPROVAL OF CONSERVATION EASEMENT

AGREEMENT:

Mr. Barnett requested Board approval of a Conservation Easement Agreement between Honda Corporation, Estes Valley Land Trust, Colorado Ranch Corporation, and Larimer County. Mr. Barnett stated that this Agreement represents the completion of all the conditions on the Honda School near Estes Park; this Agreement has been reviewed, revised, and approved by the County Attorney.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Conservation Easement Agreement, as recommended by Mr. Barnett, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-05 CONSERVATION EASEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE COLORADO

RANCH, INC.

The meeting recessed at 11:20 a.m.

PUBLIC WORKS STANDING MEETING

(#429)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were John MacFarlane, Director of Parks, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. OPEN SPACE: Discussion was held with Mr. MacFarlane regarding a sales tax initiative in November for the acquisition of open space. The Board wants to coordinate its position on this issue with the Parks Department and expressed its preference for acquiring land rather than the paving of trails. They discussed how to put together a sales tax initiative to support the Master Plan concept and work towards the open space issue. Conservation Easements as a means for acquiring land were discussed. Mr. Smith stated that the Board needs to define what is meant by the corridor, as everyone has a different concept. There is a local group forming to get a sales tax initiative on the ballot and Mr. MacFarlane was asked if he would be willing to work with this group, and if he could do so legally. Mr. MacFarlane stated he would be happy to work with the group, if invited, provided they will work towards the Parks Master Plan. Commissioner Disney noted that projects also need to be identified in Estes Park, Berthoud, and Loveland.

2. "GO COLORADO" FUNDING FOR TRAILS: Commissioner Disney asked if we will be receiving any of the "Go Colorado" money for the trail fund; Mr. MacFarlane responded that Larimer County won't receive any of that money in 1994, but we may qualify in 1995.

3. PAVING OF TRAILS: Commissioner Duvall asked if Larimer County is paving trails; Mr. MacFarlane responded that at this time Larimer County is not even building trails. Commissioner Duvall expressed her opinion that Larimer County should not be putting money into the paving of trails; Commissioner Hotchkiss concurred.

4. PLACEMENT OF FAIRGROUNDS: Mr. Smith noted that the Board will be receiving a Memo shortly from Mr. MacFarlane concerning the Parks Board's recommendation that the Fairgrounds be placed under Mr. Smith and the Public Works Division. Mr. Smith recommended that the Fairgrounds remain where it is until the Master Plan is completed and it is decided if the Fair is going to be a County function or a County facility. Commissioner Disney noted that the Fair Board is going to discuss this matter at their January meeting. CONSENSUS OF THE BOARD was to place this issue on the back burner.

5. CATTLE GRAZING AT HORSETOOTH MOUNTAIN PARK: Mr. MacFarlane recommended that the cattle be taken out of Horsetooth Mountain Park for two years, and within their agreement they have the right to do this. Mr. MacFarlane stated they would like the cattle back in two years for fire control. CONSENSUS OF THE BOARD was to agree with this recommendation.

6. PARKS BOARD APPLICATIONS: Mr. MacFarlane asked if the Board wanted a recommendation from him to fill the two vacancies on the Parks Board. The Board directed Mr. MacFarlane to send them all the applications, along with his recommendation.

The meeting adjourned at 4:20 p.m.



WEDNESDAY, JANUARY 19, 1994

ADMINISTRATIVE MATTERS

(#428 @ 2800, #429 @ 4800 & #431)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioner Hotchkiss was present. Commissioner Disney was attending a Transportation Symposium in Greenwood Village today. Recording Clerk, S. Graves.

1. WORKSESSION:

-- Mr. Gordon stated that a request has been received from the Planning Department for Board approval for a current Accounting Technician 2 position to be divided into a .6 Accounting Technician and hire a .5 Secretary 2 (lower grade position), resulting in a 1.1 FTE and salary savings.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the request from the Planning Director to change the staffing pattern in his office, with no additional funds being appropriated.

Motion carried 2 - 0.

-- Mr. Gordon has received a final bill for $3,381 for Larimer County's share in the cost of the Growth Management Seminar and requested direction from the Board for the source of funding for this billing. CONSENSUS OF THE BOARD was to direct Mr. Gordon to pay this statement with monies derived from the 1993 Carry-Over.

-- Mr. Gordon presented three options for the Board to consider regarding the adoption of a resolution amending the organizational placement of the Facilities Management Division. Discussion followed and the Board decided not to adopt a Resolution regarding this matter, but to take action with the following motion.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Director of the Facilities Management Division, and the elements of the Division which he directs, being assigned to the Public Works Division, as a separate department under the jurisdiction of the Public Works Director.

Motion carried 2 - 0.

2. COMMISSIONER'S REPORTS:

-- Commissioner Hotchkiss noted he has made his travel arrangements for March 4, 1994 to attend the NACO Convention in Washington, D.C.

-- Commissioner Hotchkiss stated he will be giving a speech at the Republican Party Luncheon next Wednesday, January 26, 1994.

-- Commissioner Duvall inquired why the Commissioner's Agenda is not published in the Coloradoan any more. Mr. Gordon will contact the Coloradoan and request them to at least publish the public meetings and not necessarily the full weekly agenda for the Commissioners.

3. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of January 10, 1994, and the Agenda for the week of January 24, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following miscellaneous documents: Saddleback Subdivision Amended Lot 25 and Tract A Plat; Wood Cliff Estates Amended Plat; Lynn Acres Amended Plat; Pinewood Springs Fifth Amended Plat; and an Amended Plat of Parcel 2, Peterson Exemption and Parcel 1, Page Exemption.

Motion carried 2 - 0.

LIQUOR LICENSES: Licenses were issued to the Lovin Oven - 6% - Loveland, CO. and the Horsetooth Marina Resort, Inc., - 3.2% - Fort Collins, CO. County Approval was granted to the Masonville Store - 3.2% - Masonville, CO. and the Best Western Coach House Motor Inn - 6% - Loveland, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-06 LAND AND WATER CONSERVATION AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE STATE

OF COLORADO, DEPARTMENT OF NATURAL RESOURCES

(Funding Grant to Develop Lions Park in LaPorte, Colorado)

A94-07 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 11 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KAREN M. HAUCK (Project #180)

A94-08 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 11C BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ALFRED I. AND JOY M. MORGAN

(Project #167)

D94-02 DEED OF DEDICATION BY ANNA M. HIRSCH, TRUSTEE FOR

JACOB HIRSCH TESTAMENTARY TRUST (Dedication of

Property for Public Highway - County Road 11C)

R94-08s FINDINGS AND RESOLUTION CONCERNING THE VACATION

OF UTILITY EASEMENT IN FOSSIL CREEK MEADOWS

SUBDIVISION

R94-09s FINDINGS AND RESOLUTION CONCERNING THE VACATION

OF LOTS 12-15, BLOCK 20; LOTS 1, 2 AND 21-28, BLOCK 31;

LOTS 1, 2 AND 8-27, BLOCK 32; LOTS 1-12, 23-25, 27-47, 50 AND

51, BLOCK 33; LOTS 1-16, BLOCK 34; LOTS 1-6, 11-23 AND 24-32,

BLOCK 35; LOTS 1-13, BLOCK 37 AND LOTS 12-14, BLOCK 39

AND RIGHT-OF-WAY IN SOUTH NOKOMIS LAKE SUBDIVISION

R94-10s FINDINGS AND RESOLUTION CONCERNING THE KNOX MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R94-11s CONCERNING THE MASTER PLAN, PRELIMINARY PLAT,

REZONING AND OFF-SITE WAIVER REQUEST IN WILDFLOWER

RIDGE PLANNED UNIT DEVELOPMENT

R94-12z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF LINDA S. MOWRER

Motion carried 2 - 0.

At this time, County Attorney George Hass, Special Improvement District Administrator Rex Burns, Staff Services Manager Diane Nelson, and Finance Director Bob Grewell joined the meeting for Legal Matters.

1. KNOX SETTLEMENT: With regard to the Robert Knox claim against the County for crop loss damage resulting from the construction of a sewer line for Mountain Range Shadows, a settlement of $4,000 has been negotiated and Mr. Hass recommends the County pay the claim. Mr. Hass reviewed the circumstances leading to this claim, noting that a trench was dug across the Knox's irrigated farmland, in the County's easement; now construction is done and Mr. Knox is claiming that the easement has settled. Repairs were made but he is still complaining and filed the claims. Discussion ensued regarding the source of funds for payment; Mr. Burns stated that the balance in the SID Administrative Fund is very low because of recent election costs. Commissioner Hotchkiss stated it should come out of the SID Fund, but since that balance is not sufficient to cover the payment, it can be derived from the 1993 Carry Over.

M O T I O N

Commissioner Hotchkiss moved that, in the case of litigation with Mr. Robert Knox vs. Larimer County for the clean up of the construction of the Mountain Range Shadows sewer extension, the Board authorize the expenditure of $4,000 for settlement of this case, monies to be derived from the 1993 Carry Over.

Motion carried 2 - 0.

2. COMPLAINTS REGARDING POUDRE VALLEY CANAL DITCH: Commissioner Duvall has received calls of complaint regarding the Poudre Valley Canal Ditch leaking into the basements of the homes below the ditch. Mr. Burns was aware of the complaints and had the County Attorney's Office research the Statutes, which state that the ditch owners must not flood or cause damage to a County road, but the houses are private property and resolution becomes a civil matter. After discussion, the Board directed Mr. Hass to write a letter to the ditch company citing the Board's concern of water on the road possibly creating a hazardous condition and make a statement regarding the protection of the road, in an attempt to alleviate the problem.

3. ENVIRONMENTAL HEALTH'S RESPONSIBILITY REGARDING HEALTH STANDARDS: In response to discussion held during the Health and Environment Quarterly Meeting on January 5, 1994 regarding the extent of responsibility of the Health Department reporting on existing standards and possible health hazards, this matter was discussed in more detail with the County Attorney. Commissioner Duvall asked Mr. Hass if our Health Department is bound legally to report on standards only or can they go beyond and give the Board as much information as possible regarding any controversy which might exist? Mr. Hass stated that the short answer is "Yes", but there may be reasons why the Board wouldn't want them to do that as it may appear that the Health Department is taking sides. Mr. Hass stated that the burden of proof should be on the opponents, proponents, or third party experts. Mr. Hass stressed that the Board cannot base their opinion on unsubstantiated evidence or on an hypothesis given by someone. If expertise is needed, the County should choose an independent expert witness and the developer should pay for it. An environmental impact statement may also be needed for major projects. After further discussion, Commissioner Duvall expressed a desire that in the future more information be given to the Board from the Health Department.



4. STATUS OF HAZARDOUS WASTE REGULATIONS: Commissioner Duvall asked Mr. Hass about the status of the County proposal regarding regulations for citing hazardous waste disposal facilities; Mr. Hass will inquire about this for Commissioner Duvall.

5. STATE ENFORCEMENT OF COUNTY REGULATIONS: The question was raised whether or not the State can enforce County air quality regulations once adopted; Mr. Hass will also research this matter.

Commissioner Duvall requested the acquisition of a large white board in the Conference Room and possibly the elimination of the center post in the Hearing Room.

The meeting adjourned at 11:00 a.m.


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JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



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Sherry E. Graves, Deputy County Clerk