PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, SEPTEMBER 6, 1994

SUBDIVISIONS

(#111)

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: Russ Legg, Senior Planner; Al Kadera, Subdivision Administrator; Richael Michels, Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Legg noted that the Patterson Planned Unit Development and the Wyndham Hill Planned Unit Development are in the Corridor Study Area and were recently tabled by the Planning Commission for review in September; therefore, he requested the Board to also table these two items until October 17, 1994. Mr. Barnett also noted that a request was received from Jim Byrne of Poudre Valley Rural Electric Association to table the Donath Substation Special Review until December 12, 1994, as ongoing negotiations with the City of Loveland are underway to possibly obtain services from two existing alternative sites.

M O T I O N

Commissioner Disney moved that the Board table the Patterson Planned Unit Development (#94-MS0503) and the Wyndham Hill Planned Unit Development (#94-MS0428) until October 17, 1994, as requested by Mr. Legg; and also table the Donath Substation Special Review (#94-ZR0412) until December 12, 1994, as requested by the applicant.

Motion carried 3 - 0.

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


1. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT - 2ND FILING

(#94-MS0502): NE 1/4 23-06-68; SOUTH OF STATE HIGHWAY 392,

1/4 MILE WEST OF COUNTY ROAD 3; 39 ACRES; 25 LOTS;

FA1-FARMING ZONING (9-06-94)

This is a request for Second Filing to create 25 lots on 39 acres with approximately 12 acres of open space; the Master Plan was approved January 18, 1994 for 105 lots on 210 acres. Phase One contained 30 lots on 56 acres. Staff Findings include: 1) A Master Plan has been approved for Highland Hills Planned Unit Development; 2) This proposal, Phase II, is in conformance with the approved Master Plan.

The Staff/Planning Commission Recommendation is for approval of Phase II, Highland Hills Planned Unit Development, with the following conditions: 1) The applicant shall provide a plan which includes setbacks and specific vegetation cover for Lots 1-4 that will enhance the wetland/wildlife habitat. Results of the plan shall be included in the covenants, Final Plat, and Subdivision Improvement Agreements; 2) The applicant shall comply with all requirements contained in the Findings and Resolution dated March 30, 1994 and the reviewing agency comments attached to this request; 3) A qualified wildlife specialist shall submit a report on the impact of the proposal and specifically the mitigation plan for Lots 1-4.

2. AMENDED BEARDSLEE EXEMPTION EASEMENT VACATION

(#94-0S0558): 32-08-69; NORTH SIDE OF COUNTY ROAD 50,

1/2 MILE WEST OF COUNTY ROAD 21C; FA-FARMING (9-06-94)

This is a request to vacate a ten-foot utility easement that is no longer needed by the utility providers. Staff Findings are: 1) The Beardslee Exemption was approved in 1974. This exemption resulted in a utility easement running north across the property; 2) The applicant requested an amended exemption in 1988 which moved the east lot line about 140 feet to the east, but left the utility easement in place; 3) The utility easement is no longer needed and the utility companies serving this area have no objection to vacating the easement; 4) The easement prevents the owner from using the eastern portion of the site. Staff Recommendation is for approval of the vacation of the ten-foot utility easement on Lot 1 of the Amended Exemption of Tract B of the Beardslee Exemption.

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 2nd Filing (#94-MS0502) and the Amended Beardslee Exemption Easement Vacation (#94-0S0558); each, with the conditions as outlined.

Motion carried 3 - 0.

3. JOHANNSEN-TROTTER MINOR RESIDENTIAL DEVELOPMENT

APPEAL (#94-EX0559): 17-08-68; EAST SIDE OF COUNTY ROAD 11,

1/4 MILE SOUTH OF COUNTY ROAD 58; 10.71 ACRES; 1 LOT;

O-OPEN ZONING (9-06-94)

This is a request to allow the applicant to submit a Minor Residential Development which will create two lots that do not meet minimum lot size. Mr. Kadera presented a map of the area, reviewed the major issue and concern, and noted that Staff is recommending denial of the appeal. Staff Findings include: 1) The property in question would be eligible for the Minor Residential Development process, but is not large enough to meet the minimum lot size requirement of ten acres; 2) There are a number of existing lots in the area that are similar to the lots proposed by the applicant; 3) If the appeal is granted, the applicants' must apply for and receive a Variance from the Board of Adjustment before the Minor Residential Development can proceed.

Mr. Joe Trotter, applicant, explained to the Board the reason for the request for appeal; which is, his wife's father owns the land and this division will make it affordable for he and his wife to build their home on the property; he noted they reviewed the list of criteria required for approval of a variance and they meet that criteria. Elmer Johannsen, property owner, stated he is a dairy farmer and the site will still be used for agriculture purposes.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and approve the Johannsen-Trotter Minor Residential Development Appeal (#94-EX0559).

Motion carried 3 - 0.

4. REQUEST FOR APPROVAL OF FINAL PLAT:

Mr. Kadera requested Board approval and the Chair's signature on the Final Plat and the Subdivision Improvement Agreement for the Tri-City Subdivision.

M O T I O N

Commissioner Disney moved that the Board approve and the Chair sign the Final Plat and Subdivision Improvement Agreement for Tri-City Subdivision.

Motion carried 3 - 0.

A94-139 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND PHILLIP C. AND

TONI R. COLSON REGARDING TRI-CITY SUBDIVISION

The meeting recessed at 9:20 a.m.

PUBLIC WORKS STANDING MEETING

(#112)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Bill Heiden, Director Road and Bridge; County Attorney George Hass; Parks Planner K-Lynn Cameron; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Subdivision Road Maintenance Policies: As a result of numerous complaints received from citizens regarding snow removal, sweeping, and chip seal, Mr. Heiden and his foremen and supervisors drafted three proposed policies to address these complaints in a fair and equitable manner. Mr. Heiden also submitted a draft resolution establishing this policy and requested approval from the Board. The policy recommendations are: 1) County forces will not plow or sand for snow or ice removal in subdivisions, unless it is determined by the Road and Bridge Director that the roads are impassable or dangerous; 2) The County will not sweep the roadways except as part of the surface treatment projects; 3) The County will maintain roadway surfaces using the best method which is economically feasible; i.e., crack sealing, chip seal and seal coats; 4) Any subdivision wishing to remove its streets from County maintenance, may petition the County to do so.

After much discussion and the Board's reluctance to adopt the proposed policies and resolution, Mr. Smith suggested the Board postpone making a decision today until they have time for further discussions and obtain more information. The Board concurred and will discuss this matter further during the next Policy Worksession.

2. Petition for Traffic Signal at U.S. 287 and 50th Street in Loveland: Mr. Smith stated that he has received petitions from a group of Loveland citizens requesting the installation of a signal at the intersection of U.S. 287 and 50th St. Mr. Smith noted that this intersection is part of the state highway system and Larimer County has never participated in installation of signal improvements on a state highway; signal installation at this site would cost approximately $100,000. Commissioner Disney stated that this intersection far exceeds warrants for a signal. After discussion, the Board requested Mr. Smith to draft a letter stating the Board's position; i.e., this is a state road and not the County's responsibility.

3. Drainage Issue at County Road 24H and County Road 27: Mr. Smith briefed the Board on the drainage complaint at County Road 24H and 27; the county built a berm at this site in 1967 and installed a culvert to direct drainage to the east. To repair the problem, Mr. Smith's recommendation is to obtain a legal easement from the property owner and to repair the berm; CONSENSUS OF THE BOARD was to direct Mr. Smith to proceed.


4. Certification of POST 2001 Sales Tax Resolution: Ms. Cameron presented a third and final draft of the POST 2001 Sales Tax Resolution and reviewed the minor administrative changes which were made for additional clarification, but do not change the overall intent of the resolution. If approved by the Board, this resolution will replace the previously approved resolutions #R94-94g and #R94-105g. The Board directed Mr. Lancaster to issue a press release and arrange for publication of the new resolution in the newspapers.

M O T I O N

Commissioner Disney moved that the Board adopt the Larimer County Parks, Open Space and Trails (POST 2001) Sales and Use Tax Resolution, as amended, and authorize the Chair to sign same.

Motion carried 3 - 0.

R94-106g LARIMER COUNTY PARKS, OPEN SPACE AND TRAILS

(POST 2001) SALES AND USE TAX RESOLUTION

(Replacing #R94-94g and #R94-105g)

5. UPDATE ON ELAINE SPENCER: Mr. Smith informed the Board that Ms. Spencer will be returning to work for half days on Monday, September 12, 1994. Mr. Smith invited the Board to come for coffee and doughnuts at 8 a.m. to welcome her back.

6. UPDATE ON 1995 ROAD & BRIDGE CONSTRUCTION PROJECTS: Mr. Smith reported that the 1995 road and bridge construction projects essentially follow the 4-year plan previously approved by the Board, with two exceptions: 1) As the Forest Service funding for the Dowdy Lake Cooperative Project won't be available in time; that project will be replaced with improvements at the intersection of Vine Drive and Overland Trail; and 2) With the remaining unanticipated fund balance, the 1996 project for the reconstruction of Shields Street from CR 28 north two miles to the Fort Collins city limits will be completed in 1995. Mr. Smith noted that this reconstruction won't change the capacity, but will improve the condition of the road. Mr. Smith quickly reviewed the other projects planned for 1995. Commissioner Disney complimented Mr. Smith and Mr. Heiden on the recent improvements made on County Road 11.

The meeting recessed at 3:20 p.m.







PUBLIC HEARING REGARDING RESOLUTION PROPOSING

ADOPTION OF LARIMER COUNTY LAW ENFORCEMENT AUTHORITY

(#113 & #111 @ 1200)

The Board of County Commissioners reconvened at 6:30 p.m. for a Public Hearing regarding the proposed Law Enforcement Authority. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Sheriff Richard Shockley; Lt. Carl Cooper, Cpl. Drew Davis, and Captain Gary Darling of the Sheriff's Department; and Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

Chair Duvall stated that the purpose of this public hearing is to provide an opportunity for citizens to have input and discuss with the Board the merits and justification for placing an initiative regarding the creation of a special taxing district for law enforcement on the November 1994 General Election Ballot. If approved, the Law Enforcement Authority (LEA) will provide additional staffing for the Larimer County Sheriff's Department which will assist the Sheriff's Department to meet the demands placed on it by the citizens of unincorporated Larimer County.

Sheriff Shockley described the primary responsibilities of his Department and outlined the purpose and function of the law enforcement authority. Sheriff Shockley stated that the creation of this special taxing district is to raise funds solely for the purpose of law enforcement; those funds cannot be used for the duties and responsibilities of the Sheriff, other than the preservation of peace, and the current funding level of the Sheriff's Department out of the General Fund cannot be altered by the Board of County Commissioners. Sheriff Shockley described how the number of incidents and response time have increased since 1988 and how E911 has impacted his Department. If approved, the LEA will generate $1.7 million annually and provide for the salaries, benefits, and required support equipment for 28 additional staff persons and the establishment of two revolving funds for replacement of the current fleet of patrol cars and replacement of existing capital equipment. Sheriff Shockley stated that those persons residing, and/or owning property, in the unincorporated areas of Larimer County will vote on this initiative.

At this time, the hearing was opened for public comment and questions. The following persons addressed the Board in support of the initiative to be placed on the ballot for establishing the LEA: Louis O'Riordan, Barbara Trevarten, Carol Sorrell, Al Sharon, Joan Rosecrans, Phillip Waddis, John Kammerzell, Brownie McGraw, and Barbara Thiem. These persons spoke of the tremendous growth which has taken place in Larimer County which necessitates the need for additional law enforcement officers to assure safety for the citizens; it was pointed out that our forefathers provided for our safety and we need to do the same for our children and grandchildren. Two letters of support of the LEA were submitted for the record from Debbie and Carl Hansen and Debbie and Ron Ptasnik. Those speaking in opposition to the LEA were Al Baccili and Lenora Nicely. Sheriff Shockley was asked about the possibility of citizens volunteering to ride with the deputies; he responded that they currently have between 350 and 400 volunteers.

At this time, the public hearing was closed and the Commissioners offered their comments.

Commissioner Hotchkiss stated that it is evident there is enough interest from the citizens to put this initiative on the ballot--people are moving into the mountains and there is an increased demand for services. Commissioner Disney asked the Sheriff if Larimer County will receive any of the Federal dollars recently approved by Congress; Sheriff Shockley responded that application was made for these funds for six additional officers but was denied because Larimer County doesn't have enough crime. Commissioner Disney stated that the external survey recently conducted by Larimer County indicated that the citizens want: 1) Open Space; 2) Maintenance and upgrades of transportation infra-structure; and 3) Public Safety. Chair Duvall noted that because of Amendment #1, the voters have taken on the responsibility to decide these things on a case-by-case basis.

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution concerning the creation of the Larimer County Law Enforcement Authority and authorize the placement of this initiative on the November 1994 ballot.

Motion carried 3 - 0.

R94-107g RESOLUTION CONCERNING THE CREATION OF THE

LARIMER COUNTY LAW ENFORCEMENT AUTHORITY

The meeting adjourned at 8:00 p.m.

WEDNESDAY, SEPTEMBER 7, 1994

ADMINISTRATIVE MATTERS

(#110 @ 2200)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, Interim County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Bob Grewell, Director of Finance; and Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL OF ASSIGNMENT OF INDUSTRIAL REVENUE BONDS TO BOULDER COUNTY: Mr. Grewell requested the Board to approve the assignment and transfer of the Larimer County's unused industrial revenue bond allocation to Boulder County; this assignment will enable Boulder County to issue single family mortgage revenue bonds on behalf of all participating entities to fund mortgages for first-time home buyers in their jurisdiction. Mr. Grewell noted this assignment and transfer will make approximately $1.4 million available, at a lower interest rate, for housing for low and middle income families in Larimer County.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Resolution and Assignment transferring the 1994 Private Activity Bond Allocation from Larimer County to Boulder County for the purpose of financing mortgage loans to provide more adequate residential housing facilities for low-and-middle income families within Larimer, Boulder, and other counties in the State of Colorado, and authorize the Chair to sign same.

Motion carried 3 - 0.

R94-108g RESOLUTION AND ASSIGNMENT OF 1994 PRIVATE ACTIVITY

BOND ALLOCATION TO BOULDER COUNTY

2. REQUEST FOR APPROVAL AND SIGNATURE ON A RESOLUTION REGARDING ELECTION QUESTION - COLONY RIDGE LID: Ms. Martell requested Board approval and the Chair's signature on a resolution calling for the election and creation of a local improvement district for the construction, installation, and provision of certain local improvements in Colony Ridge Subdivision and the placement of this initiative on the November 1994 ballot. Ms. Martell noted that only the registered electors who are owners of property within the district will be eligible to vote on this question.

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution authorizing the placement of the initiative for Larimer County Local Improvement District No. 1994-1 for Colony Ridge Subdivision on the November 1994 ballot, and authorize the Chair to sign same.

Motion carried 3 - 0.

R94-109g RESOLUTION AUTHORIZING PLACEMENT OF INITIATIVE FOR

LOCAL IMPROVEMENT DISTRICT NO. 1994-1 FOR COLONY

RIDGE SUBDIVISION ON THE NOVEMBER 1994 BALLOT

3. WORKSESSION:

-- As next year's budget for the Commissioner's Office is being finalized, Mr. Lancaster asked the Board if they had additional items to be included. Mr. Lancaster stated that they have increased training budget for staff, and for advertising and legal notices. Commissioner Disney stated he would like to start using technology more effectively, such as maps and videos for planning items and would like to see improvements made in the conference room.

-- Mr. Lancaster suggested having a "brown bag" presentation-of-the-budget session during a lunch hour to provide an opportunity for staff to learn about the entire county budget; and also have "brown bag" sessions for other events happening in the county; such as, the election, ballots, etc. Commissioner Hotchkiss cautioned that the Board cannot spend money on ballot issues, but they can talk about them. It was decided to ask the County Attorney for written clarification and guidelines regarding exactly what the Board can and cannot do with regard to ballot issues.

-- Mr. Lancaster asked the Board if there were other items to discuss during the next Policy Worksession; currently, they have two items on the agenda--discussion of subdivision road maintenance policy and appointed officials salary philosophy.

4. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Commissioner Disney thanked Chair Duvall for her comments in the letter to the Forest Service regarding the Meadowdale Ranch.

-- Commissioner Hotchkiss suggested the Board needs to take action on appointing the new Director of Employment & Training Services; it was decided to take this action during Administrative Matters next Wednesday, September 14, 1994 after salary negotiations are completed.

5. 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 August 29, 1994 and the Agenda for the week of September 12, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Amended Plat of Lots 21 and 22, and that part of Lots 20 and 23 lying south and west of North Fork Creek, all in Block 15, Glen Haven Subdivision; Amended Plat of Lots 9, 11, and 13 Lakeview Cottage Sites and Lot 7 Lakeview Cottage Sites Second Filing; and the Amended Plat of Lots 14, 16 and 18 Lakeview Cottage Sites.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued to Larry's Southwest Liquor - 6% - Loveland, CO.; Bohemian Cottage Restaurant - 6% - Loveland, CO.; and Marriott Corporation - CSU Concessions - 3.2% - Fort Collins, CO. County approval was granted to the Homestead - 6% - Livermore, Co. and Beaver Inn - 6% - Red Feather, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-140 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MARVIN N. AND VIRGINIA L.

ALMQUIST (Office Space in Estes Park)

C94-53 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

(Reconstruction of Landfill Entrance - Project #8302)

Motion carried 3 - 0.

The meeting recessed at 10:15 a.m.

MEETING WITH MYRNA RODENBERGER, CLERK AND RECORDER REGARDING PRIMARY ELECTION ISSUES.

(#114)

The Board of County Commissioners met at 2:30 p.m. in regular session with Myrna Rodenberger, Clerk and Recorder. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Russ Ragsdale, Chief Deputy to Clerk and Recorder; Neil Gluckman, Assistant County Administrator; Frank Lancaster, Interim County Administrator; Diane Martell, Staff Services Manager; Linda Martin; Office Supervisor. Recording Clerk, A. Jensen.

Chair Duvall stated that the purpose of today's meeting was to discuss concerns regarding the recent primary and future elections. Ms. Rodenberger began by giving a history of voting and the devices used in tabulating the votes. Each time a new voting system was installed the Election office experienced problems, but over time were able to educate the public in using the newer system. The change to the current system was prompted by several issues, one of which was not having enough room to include ballots from the City of Fort Collins. This was resolved by having the punch positions identified numerically instead of text; i.e. candidates names and contents of ballot issues, was printed on the mail out booklets. Ms. Rodenberger suggested having a Citizen's Advisory Board to facilitate the voting process.

Comments and questions were heard from the audience. Ms. Thayer took the podium stating she objected to not having the names of the candidates on the ballot. She suggested separating the candidates from the issues, using a numeric system to identify the issues and placing the candidates names back on the ballot. Ms. Winder also expressed concerns about not having the candidates names on the ballot.

Chair Duvall asked if there were alternatives to the current system or if we are locked in due to equipment constraints. Commissioner Disney asked how much it would cost to send out the ballots; Ms. Rodenberger responded "Approximately $50,000 for each election". Commissioner Disney inquired about possibly modifying the existing voting system; Ms. Rodenberger responded "Yes it would cost approximately $6,000 per precinct with 180 precincts in Larimer County and no money has been set aside to update our equipment".

Much discussion ensued regarding the voting system, the possibility of improving the equipment and the cost involved. Chair Duvall stated that she is willing to provide money for the Election office to change the current voting system and explore long range solutions to making voting as easy as possible. Commissioner Disney suggested Ms. Rodenberger having the District Attorney examine the legalities of printing the candidates names and the titles of the issues on the ballots.

Meeting adjourned at 3:35 p.m.



______________________________________

JIM DISNEY, CHAIR PRO-TEM

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


______________________________________

Sherry E. Graves, Deputy County Clerk


_______________________________________

Aimee Jensen, Deputy County Clerk

September 6, 1994