TUESDAY, MAY 28, 1996


(#39 & #40)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was attending the Upper Front Range Transportation Advisory Committee Meeting in Greeley, Colorado. Also present were: Rob Helmick, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. INDIAN CREEK ESTATES (#96-EX0887): 02-08-68; ONE MILE




This proposal is a 35-Acre Task Force test case for the Rural Land Plan. Mr. Helmick noted that previously the Board of County Commissioners authorized the 35-Acre Task Force to proceed with examining three test cases for the Rural Land Plan and to bring their recommendations to the Board. Mr. Helmick stated that this proposal is being presented today as the first test case and he described the location of this test case and presented two plans - the existing filed survey plat for 35 acre parcels, which would generate a total of sixteen 35-acre tracts, and a plan showing the scheme plan for this test case in which the applicant has proposed twenty sites, of which seventeen are clustered on the eastern half of the site; he reviewed both the benefits and disadvantages of this proposal for the owner and for the community. Mr. Helmick informed the Board that over 60 property owners were notified of a community meeting to discuss the plan; that meeting was held on May 23, 1996 in Wellington and approximately 15 residents attended and cited their concerns regarding the impact on the roads, the impact on the rural character of the area, and the impact on the wildlife in the area with the clustered density. Mr. Helmick noted there were also concerns about the number of houses facing CR 3, questions about the lack of fencing and the keeping of livestock, and concerns about setting a precedent. Mr. Helmick noted that Lots 19 & 20 are in wetland areas and, as a result from comments at the neighborhood meeting and other concerns, these lots will not be considered as building lots; therefore, in the area adjacent to Lot 18, the applicant is proposing that an additional 4 or 5 acre parcel be allowed to accommodate the differential in value for losing the two possible building lots. Staff findings include: 1) The proposal is consistent with the policies articulated by the 35-Acre Task Force; specifically, to preserve open and undeveloped lands, to cluster development on the least productive lands, to sensitively site residential lots out of the view of major transportation corridors and to avoid development of critical land areas; 2) The community and landowner benefit from this proposal in a roughly equivalent manner; 3) Soils tests may need to be conducted on several lots to assure that there are adequate sites for sanitation systems.

Discussion and questions from the Board followed. Chair Clarke asked when rights would be vested; Mr. Helmick responded that, as an exemption, there isn't a requirement to vest so he thinks the rights will be vested when the plan is recorded. Chair Clarke noted for the record that Lloyd Marquardt was unable to attend today's hearing and therefore called to express his concern about water pressure in the area; Mr. Helmick responded that the applicant has a commitment from Northern Colorado Water Association to extend a six-inch water line along County Road 62 into this development to provide adequate water and pressure.

At this time Chair Clarke provided an opportunity for members of the 35-Acre Task Force to speak; Wendall Amos stated that the original objective of the 35-Acre Task Force was to prevent further 35 acre exemptions and this is a parcel of 560 acres divided and platted into sixteen 35-acre parcels. Mr. Amos noted that with this proposal some of the objectives of the 35 Acre Task Force are being accomplished; i.e., this proposal protects ag land and wetlands and demonstrates flexibility, innovation and common sense. Mr. Van Velson stated that at the public meeting a concern regarding the number of lots smaller than 10 acres was expressed by the participants; he noted that, in his opinion, that concern is offset by the larger lots which maintain the wetland areas as a contiguous area not divided into multiple ownerships, and the offer of the applicant to withdraw Lots 19 & 20 from consideration as building sites is commendable; however, he noted for the record that the creation of the additional lot is new to the Task Force today.

Applicant Dan Nelson stated that everything about the proposal has been covered and so he would just answer questions. Commissioner Duvall asked about fencing and the keeping of livestock; Mr. Nelson responded that there will not be any cross fencing of the meadow areas, but the residential sites can have corrals and fences and some fencing needs to be allowed on the larger lots. With regard to the water pressure, Mr. Nelson stated that last year the Northern Colorado Water Association started running a new six-inch water line in the area and so the water pressure should be improving - currently the area is served with four inch lines. Commissioner Duvall asked Mr. Nelson about Lots 19 & 20; he responded that he has no problem putting a deed restriction on these lots and on the three larger lots from ever being divided again. Commissioner Duvall asked about the impact on the roads and how the impact of this development would compare with 35 acre development. Mr. Burns responded that the impact would be similar but the clustering may cause somewhat greater intensity on the east side; however, because of the potential for dust creation on these roads, it is hoped that some agreement could be reached that a dust retardent and/or chip seal surface could be applied to the roads and the road fees collected would be applied toward that expense. Chair Clarke noted for the record that with the existing 35 acre development, there are no fees collected to improve the roads.

Kevin Burke, Wellington Town Administrator speaking on behalf of the Mayor of Wellington, stated he was glad to hear that the residents around the area were involved in this process, but noted that the Town of Wellington did not receive notification of this proposal and, as this proposal is within one mile from them, they are very concerned that the Town Board had no opportunity to discuss or review the proposal. Chair Clarke apologized to Mr. Burke for not being notified and assured him that the proposal will be sent to them now for their input. Kenny Trott, who lives on the eastern edge of the proposed site, expressed his concerns: 1) They moved to this area to get away from clustering; 2) Lots 6, 7 & 8 are not large enough to be economically feasible for raising alfalfa; 3) The view of houses from County Road 3 will be on the ridge and silhouetted against the skyline and they will lose their view of the mountains; 4) Concern that the road fees collected will go into the General Road Fund and not be used on their roads; 5) He realizes this is a test case and there is a lot to figure out, but is concerned that there are no set procedures and formulas; 6) Concern regarding the lack of fencing and inability to have livestock; 7) Concern about maintaining the rural integrity of the neighborhood; 8) Concern about maintenance of the wetlands with 5 or 6 different owners. Mr. Trott stated that the eastern edge of the property would have 16 houses to look at rather than 4 houses with the 35 acre plan and wildlife will be eliminated from the eastern edge of the property; he noted that he is not opposed to developing the property, just against clustering and the way it is being done. Steve Huelman, who lives 1/2 mile south of this property, noted for the record that he works for TST Consulting Engineers and is the consultant for Mr. Nelson, but today he is speaking as a resident of the area; he noted that the hayfields in question are not too small to farm, and with regard to the concern for the wildlife and the lack of fencing, he has heard that less fencing and more clustering is better for the wildlife. Mr. Huelman noted he has a 6-inch water line to his house and he recently put in a sprinkler system and has more than an adequate water supply of water. Leslie Dickerson, adjacent property owner, stated she loves the rural character of the area and is concerned about a precedent being set with this clustering. Kathy Burdeim, property owner in the area, stated that financially this will improve the value of the property, but her concern is that this is a test case and today she has heard a lot of ifs, maybes, and probablys; there are a great many uncertainties about this proposal and she asked the Board to not leave a lot of unanswered questions before approving this proposal. Ms. Burdeim also asked why staff is so concerned about the visibility of the houses from the Interstate, but not for the people that live in the area; Chair Clarke noted that the current zoning in this area is O-Open and allows development of 10 acre lots.

Ed Zdenek, member of the 35 Acre Task Force, stated that the Task Force does think that this proposal is in keeping with the principles they have worked on for 8 months and they do not believe approving this proposal will set a precedent and the Task Force thinks it will benefit the County. Chair Clarke asked Mr. Zdenek if the Task Force has considered what this will do to property values; Mr. Zdenek responded that his personal feeling is that this proposal will not negatively impact those values and hopefully will increase values. Mr. Zdenek further noted that this matter was considered by the Task Force and is a part of their guiding principles. In summary, Dan Nelson stated that he thinks this proposal is much better than the 35 acre land division, the lots will be better maintained, and it is a way of controlling some continuity within the development.

At this time the public comment portion of the hearing was closed and opened for Commissioner's remarks. Commissioner Duvall reiterated that one of the objectives for this type of land division was to protect agriculture land and still maintain the rural character and this proposal accomplishes that objective; she realizes that many questions still need to be answered and she requested staff and the 35-Acre Task Force to address the concern regarding the view from County Road 3. Commissioner Duvall stated that she thinks this is a good test case and she expressed appreciation to the applicant for his willingness to go through this hearing process. Chair Clarke stated that in terms of covenants, the Board has heard today that they are going to be very important and will be looked at closely to make sure they are designed to protect the wetland areas and to make sure the things are accomplished that the Board thinks are important; he noted that in general, the clustering concept has some great benefits and he doesn't think this will diminish property values. Chair Clarke encouraged staff to use the road fees collected from these property owners for dust mitigation on these roads.

Therefore, the recommendation of approval by the Planning staff and the 35-Acre Task Force of the plan for Indian Creek Estates was amended as follows: The following issues or review will need to be resolved prior to presenting the final plan to the Board of County Commissioners for signature; it is understood that the plan may need to be modified to respond to technical considerations revealed in the preparation of the final plan documents: 1) Park fees shall be paid at the time of building permit, in the amount of $315; 2) Road fees shall be paid at the time of building permit; the amount to be determined prior to the time of final plan; 3) School fees shall be paid at the time of building permit; 4) Engineered footing and foundations shall be required on all structures; 5) Passive testing for radon gas of all residential structures shall be conducted prior to the issuance of any C.O.; 6) Deed restrictions on Lots 1, 2 & 3 shall be reviewed by County staff prior to final plan; there will be no further subdivision of Lots 1, 2 & 3, no building on Lots 19 & 20, and staff and the 35-Acre Task Force will work with the applicant to create covenants to protect the rural character and the meadows and wetland areas on the remainder of the lots; 7) The final plan shall target a development area on each lot; specifically, to insure minimized conflict with the wetland areas, the agricultural uses, and to limit or restrict visibility of the sites from I-25. Additional restrictions on individual sites may be considered to further this goal; 8) The applicant shall provide information adequate to determine the feasibility of placing individual sanitation systems on each development area on each lot; 9) Confirmation of water service shall be required prior to final plan; 10) The road plan shall be reviewed and approved prior to final plan; 11) The applicant shall agree to exchange information with County staff, in the spirit of cooperation, as necessary, to insure that monitoring of the incentives can be conducted; 12) The final plan shall conform to the information and survey requirements of Larimer County for Minor Land Divisions; 13) The final plan shall be noted to advise owners and purchasers of the presence of agricultural uses in the area, dog training uses in the area, Division of Wildlife properties in the area, and the possibility of hunting in the area. Noise, dust, odors and activities associated with these uses should be anticipated and are a part of the environment of this development; 14) A fire protection plan shall be developed to assure that individual residences are adequately protected. This may include the provision of fire hydrants, with appropriate flows or the use of residential fire sprinklers; 15) The Town of Wellington will be notified regarding this proposal.

Chair Clarke wanted to declare for the record that one of the principals in the TST Consulting Firm is a party to a mortgage he holds; he asked the County Attorney if this is a conflict and she advised him that it is not, but in the spirit of an "abundance of caution", he wished to disclose this for the record.


Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and the staff recommendation and approve the Preliminary Rural Land Plan for Indian Creek Estates (#96-EX0887), with conditions as amended.

Motion carried 2 - 0.

The meeting adjourned at 4:45 p.m.



(#40 @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Director of Public Works Rex Smith; Donna Hart, Community Information Manager; Dick Anderson, Facilities Manager; Lt. Carl Cooper, Sheriff's Department; Erik Nilsson, Emergency Management Specialist; Jerry White, Zoning Administrator; and Joan Duchene, Commissioner's Office Supervisor. Recording Clerk, S. Graves.

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

2. REQUEST FOR APPROVAL OF 4-YEAR ROAD AND BRIDGE PLAN: Mr. Smith briefly reviewed the 1995-1997 Road and Bridge Short Range Program; he noted that the Larimer County Transportation Plan has identified approximately $180 million needed for road improvements and they have a $3 million annual budget for construction and improvements. Mr. Smith stated that historically the Road & Bridge budget has always been a revenue based budget rather than a needs based budget and the first items funded are the normal maintenance activities and whatever is left over is devoted to road and bridge improvements; he noted that the 4-year plan is based on the most critical needs identified. Mr. Smith submitted a spread sheet highlighting the projected revenue and expenditures showing the funds available for contract construction without State and Federal funds; if State and Federal funds are received for bridges, railroad crossings, etc., the dollar amounts will be adjusted upward to reflect the outside revenue. Mr. Smith stated that the plan lists the committed projects designated for completion which have been carried for many years and he reviewed the location of those road improvements. Mr. Smith described the advantages of upgrading roads to a paved-road standard and noted that a considerable savings in maintenance costs should be realized. Mr. Smith noted that this is intended to be a very flexible plan and can be adjusted; however, they do need lead time on the major projects for engineering, right-of-way acquisition, design, etc. prior to constructing the project. Mr. Smith reviewed the road projects planned for 1997, 1998 and 1999 and requested Board approval of the 4-Year Road and Bridge Plan, as reviewed.


Commissioner Duvall moved that the Board of County Commissioners approve the 4 Year Road and Bridge Plan, as presented by Mr. Smith.

Motion carried 3 - 0.

3. PRESENTATION ON FIRST NIGHT FORT COLLINS: Ms. Hart introduced Cindy Gabriel, Executive Director of the Front Range Cultural Exchange and noted they are putting together a New Year's celebration called First Night Fort Collins and Ms. Gabriel is here today to request the use of part of the Courthouse for the celebration. Ms. Gabriel informed the Board that First Night is an arts based, alcohol free community wide alternative for New Year's Eve which started in Boston in 1976 and is now happening in 160 cities in North America; she stated there will be all kinds of arts activities from 2 p.m. until midnight and there will be between 30 and 40 venues with the early part of the day more geared toward young families and the evening for adults. Ms. Gabriel showed a four-minute video showing other First Nights across America; she noted they are asking for support in a number of different ways--they have put out a "Call to Artists" to submit proposals and they are also looking for sponsorships and grants and they need over 500 volunteers for that night. Ms. Gabriel stated they would like to use the lobby space on 1st floor of the Courthouse, the basement area by the cafeteria, the wide hallways, and Courtroom 7. Discussion followed; Mr. Anderson will coordinate efforts with the Sheriff's Department regarding the on-going security concern and work with Ms. Gabriel to determine exactly how the space will be used. CONSENSUS OF THE BOARD was to allow those areas in the Courthouse, as requested, to be used for First Night Fort Collins. Chair Clarke asked about liability coverage for this event; Ms. Gabriel responded that they will be purchasing liability insurance. Chair Clarke will request that the County Attorney draft a written agreement to indemnify the County.

4. TABLE TOP FLOOD EXERCISE: Mr. Nilsson apprised the Board of the activities scheduled in July to commemorate the 20th anniversary of the Big Thompson Flood; he noted that Commissioner Disney has been asked to give the opening remarks, as representative for the County, at the Big Thompson Flood Symposium, to be held July 10-13, 1996 at the Holiday Inn on Prospect Street. Mr. Nilsson informed the Board that the Federal Emergency Management Association (FEMA) will be conducting a table top exercise at the FEMA Headquarters at the Federal Center in Denver on July 31, 1996 from 9 a.m. until 3 p.m. and he invited the Board to attend; this exercise will be a walk through of a scenario, including fictitious messages delivered to the Operations Room, showing an incident as it develops.

5. DISCUSSION REGARDING THE URBAN GROWTH AREA REVIEW BOARD: Mr. White stated that there are seven positions on the Urban Growth Area Review Board (UGARB) and three of the members have terms who will expire this June; Mr. White noted that according to the County's term limitation policy, these three members should not be re-appointed. Since there has been discussion about discontinuing this Board and giving this function to the Planning Commission, Mr. White requested the Board to waive the policy and allow these three members to be re-appointed, rather than interview and appoint new members. Mr. White stated that there is one vacancy on this Board; Ms. Duchene informed the Board that three applications have been received for that vacancy and interviews and appointment to that position will be made later.


Commissioner Duvall moved that the Board of County Commissioners waive the Larimer County Policy regarding term limitation and reappoint Don Crews, Steve Johnson, and Ralph Waldo to the Urban Growth Area Review Board for an additional one year term, term to expire June 30, 1997.

Motion carried 3 - 0.


-- Economic Development Advisory Board: Mr. Gluckman requested selection of a Commissioner liaison to the Economic Development Advisory Board; Chair Clarke indicated he would serve as the liaison to this Board.

-- Policy Worksession: Mr. Gluckman reminded the Board that the discussion item for tomorrow's all-day Policy Worksession is Transportation Policies with Rex Smith; he noted that the Board is scheduled to discuss affordable housing for seniors during their Policy Worksession on June 6, 1996 and, as Commissioner Disney will be out of town that week, he asked the Board if they would like to postpone that discussion until later. The Board decided to reschedule this discussion item until later and the worksession scheduled for that date will be canceled as Commissioner Duvall would like to attend the "Exploring Rangeland Ecosystems" workshop on that day.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.



Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of May 20, 1996, as submitted.

Motion carried 3 - 0.


Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of June 3, 1996, as submitted.

Motion carried 3 - 0.


Commissioner Disney moved that the Board of County Commissioners approve the Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor: Loveland Gymnastics Club; Always Elegant; Liebman; John Stenzel; Raymond Stenzel; Evenson; Everaert; Taylor; and Samples.

Motion carried 3 - 0.


Commissioner Disney moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda on Document Review for May 29, 1996:



COMMISSIONERS (Provision of Fire Protection Services)




Motion carried 3 - 0.


At this time, County Attorney George Hass and Ralph Jacobs, Director Human Resources, joined the meeting for Legal Matters.

Mr. Hass noted that he has reviewed the proposed noise ordinance and he would like to retain some expertise to assist him in formulating a reasonably precise definition of unreasonable noise and what constitutes a violation; he stated that the only expert he knows is Dr. Michael Peterson with the Mechanical Engineering Department at Colorado State University and he would like to retain his services. CONSENSUS OF THE BOARD was to approve the request to retain the services of Dr. Michael Peterson to assist Mr. Hass with the noise ordinance.


Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:55 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 11:10 a.m.; no action taken.




( S E A L )



Sherry E. Graves, Deputy County Clerk