MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 5, 2004

Larimer County offices were closed this date in observance of Independence Day.

TUESDAY, JULY 6, 2004

ADMINISTRATIVE MATTERS

(#78)

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Patsy Maroney and Pam Stultz, Human Resources; Jim Reidhead, Rural Land Use Center; Marc Engemoen, Engineering Department; Deni La Rue and Melinda Keen, Commissioners' Office; Scott Doyle, Clerk and Recorder; Gary Buffington, K-Lynn Cameron and Jerry White, Parks and Open Lands Department; Al Kadera, Russ Legg, Larry Timm, and Claudia DeLude, Planning Department; Jeannine Haag and David Ayraud, Assistant County Attorneys; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. Karen Wagner addressed the Board with concerns regarding the Board of Adjustment and the resolution appointing the Commissioners to serve as that Board.

2. APPROVAL OF THE MINUTES FOR THE WEEKS OF JUNE 21 and 28, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of June 21, 2004 as presented.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of June 28, 2004 as presented.

Motion carried 3 - 0.

  1. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 12, 2004: Mr. Lancaster reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Nicholson, Burr, Assoc Molding LLC, Benedict, Gannon and Halter.

07062007A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LONCO, INC FOR ON-CALL ROADWAY DESIGN AND CONSTRUCTION MANAGEMENT

07062004A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEVEN J AND BETTY R NICKEL FOR HORSE CREEK RANCH SUBDIVISION

07062004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AVI PROFESSIONAL CORPORATION FOR ON-CALL ROADWAY DESIGN AND CONSTRUCTION MANAGEMENT

07062004A004 RESEARCH AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY FOR THE BENEFIT OF THE ROAD AND BRIDGE DEPARTMENT

07062004A005 IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BACKBONE INVESTMENTS, LLC FOR DEVELOPMENT OF THE HIDDEN VALLEY ESTATES II R.L.U.P.

07062004A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER CENTER FOR MENTAL HEALTH FOR USE AND BENEFIT OF LARIMER COUNTY WORKFORCE CENTER

07062004R001 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF MILNER MOUNTAIN CMRS FACILITY

07062004R002 FINDINGS AND RESOLUTION DENYING THE WHYARD TRANSPORTATION CAPITAL EXPANSION FEE APPEAL

07062004R003 RESOLUTION TO DETERMINE ELECTION JUDGES COMPENSATION

07062004R004 RESOLUTION TO ESTABLISH POLLING PLACES/VOTE CENTERS

07062004R005 RESOLUTION TO ESTABLISH EARLY VOTING HOURS

MISCELLANEOUS: Horse Creek Ranch Subdivision Final Plat

LIQUOR LICENSES: The following license was both approved and issued Ptarmigan Club LLC- Hotel & Restaurant with Optional Premise- Fort Collins, CO. The following license was approved CSU Hughes Stadium- Special Event 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

  1. COUNTY EMPLOYEES AS ELECTION WORKERS: Mr. Doyle stated that in an effort to keep the cost of elections down, he requested the Board support an "election pool" of County employees who wish to volunteer to work the elections. Mr. Doyle stated that the election process has become more complicated and technological and this is an attempt to up the level of the person with their qualifications while lowering the cost of the overall election. Chair Rennels asked how that would save money and Mr. Lancaster stated that the Jury Leave policy would be applied. Mr. Doyle stated the savings are in not paying the election worker in that the employee would receive regular pay from their regular department. Chair Rennels stated that if we still pay the employee the $110, where is the savings. Mr. Lancaster stated that if the employee is paid the $110, they have to return it to the general fund.

Commissioner Gibson asked if there was a problem in getting volunteers from the general public. Mr. Doyle stated that recruiting volunteers is not a problem, but now that voting centers are operational, there is a greater need for computer literate workers. Commissioner Gibson asked if the party headquarters provides a list of volunteers and if they would still be accepted. Mr. Doyle replied in the affirmative and noted that the office also receives calls from citizens volunteering to work and that all these people are qualified the same to work. Student judges from the local high schools are also utilized, Mr. Doyle continued they are election judges and/or work with election judges and are dynamite with computers and have saved our "bacon" a few times due to their computer skills.

Ms. Maroney stated that some county employees have worked elections in past years by knowing someone in the Clerk's office but this has been very sporadic, support for this request will hopefully get more people involved in the process.

Commissioner Bender noted that the old precinct system utilized 2 - 3 judges and asked what is needed for vote centers. Mr. Doyle stated that he is not sure perhaps 12 - 15 per center, but would monitor and move judges as necessary. Commissioner Bender stated that by pooling county employees, the perception would be that we are eliminating citizens from the election process and Mr. Doyle stated that is not the intention and does not want to discourage citizen participation, however employees are citizens also. Mr. Lancaster clarified that employees would be utilized in the election process, not just as judges but also as workers. Commissioner Bender stated that the action being requested is to encourage employee participation since they are citizens also and formalize the pay structure or process. Mr. Lancaster reiterated that the goal is to look at the County as a whole, and this is an opportunity where one department has a large scale project going on and is an opportunity to pool resources and think outside the stove pipes and use our tax dollars more efficiently.

Chair Rennels stated support for the request but expressed concern with encouraging employee participation and reducing the number of citizens who have participated over the years so that you have a more technologically astute pool of workers and the citizen is left out. Mr. Doyle replied that is not his intention, just asking for a pool of workers within house, which does not mean a flood and the intent is to manage the election from within.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the support and encouragement for county employees from all departments to assist the County Clerk and Recorder with the administration of County elections during the period of time leading up to and ending at the close of Election Day. The Board encourages county department heads to allow their employees to assist in the effort. Compensation for employees assisting the Clerk and Recorder with the election shall be compensated as requested.

Motion carried 3 - 0.

6. CONSERVATION EASEMENT ON LOT 4 OF THE DOUGLAS FARM EXEMPTION: Mr. Reidhead stated that the owners of Lot 4 would like to permanently remove the development potential on this lot by placing it under a perpetual conservation easement. Mr. Reidhead stated that the County holds four other easements in this exemption in an on going effort to preserve land in this area and requested approval of the conveyance of Lot 4.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the acceptance of a deed for a conservation easement on Lot 4 of the Douglas Farm Exemption #01-S1800.

Motion carried 3 - 0.

07062004D001 DEED OF CONSERVATION EASEMENT BY MARY KAY DeLINE AND CONCRETE EXPRESS, INC IN FAVOR OF LARIMER COUNTY

7. MEMORANDUM OF UNDERSTANDING (MOU) FOR THE EXCHANGE OF COUNTY ROADS AND STATE HIGHWAYS: Mr. Engemoen stated that he has had discussions with the Colorado Department of Transportation (CDOT) regarding the exchange of roads. The County, Mr. Engemoen continued would take responsibility for an additional 1.24 miles of roadway. However, the County would be giving up 3.165 miles, which would require significant capital improvements in the future. Mr. Engemoen stated that the exchange of County Road 32 was very controversial, however the City of Fort Collins held extensive open houses and felt comfortable having Council pass the MOU. Mr. Engemoen requested direction regarding the exchanges for portions of SH56 and SH66 and what public outreach should be completed. Commissioner Gibson stated the biggest impact for residents would be a change of address and Mr. Engemoen replied in the affirmative. Chair Rennels suggested mailings to affected residents and see what type of response is received. Mr. Engemoen asked if the Board approves the concept so he could get back to CDOT and the Board replied in the affirmative.

8. EXECUTIVE SESSION (#79)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:25 a.m. and cited 24-6-402(4)(f) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:35 a.m.; the following action was taken:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a transfer of sick leave from Carol Shaffer to Jodi Shaffer.

Motion carried 3 - 0.

9. RESOLUTION APPOINTING THE COMMISSIONERS TO SERVE AS THE BOARD OF ADJUSTMENT (BOA): Mr. Lancaster stated that a draft resolution has been submitted for the Board's consideration. Chair Rennels asked when the meeting would be set to discuss this issue with the current BOA members. Mr. Lancaster stated the scheduling was an oversight and reiterated that the resolution provided is for discussion purposes only. Ms. Debbie Morgan requested clarification on today's action and Chair Rennels stated that the Board is only discussing the resolution but not taking any action. Ms. Morgan suggested the Board consider the legal requirements of the BOA, such as 4 affirmative votes are required in order for anything to be approved.

10. BOARD APPOINTMENTS: Ms. Keen requested approval of the following citizens to County Boards (* designates a required waiver of term limits): Environmental Advisory Board: Sanjay Advani, John Coleman, and James Skarbek all are 3-year terms commencing July 1, 2004 and expiring June 30, 2007. LaPorte Area Planning Advisory Committee: Tim O'Hara and Paul Resseguie both are 3-year terms commencing July 1, 2004 and expiring June 30, 2007. Planning Commission: Roger Morgan, Duane Pond and Nancy Wallace all are 3-year terms commencing July 1, 2004 and expiring June 30, 2007. Rural Land Use Board: Benjamin Mahrle and Troy Peterson both are 3-year terms commencing July 1, 2004 and expiring June 30, 2007. Workforce Investment Board: Phyllis Abt, Jean Anderson, Darin Atteberry, Julie Brewen, Linda Conte, Glen Rathgeber, Cathy Schelly, and Laura Walker all are 3-year terms commencing July 1, 2004 and expiring June 30, 2007. Deborah Hasler, J.J. Johnston, Kendra Kelly, Mark Lueker, Larry McCulloch, Yvonne Myers, Kelly Peters, Duane Rowe, and Anne Walker all are 4-year terms commencing July 1, 2004 and expiring June 30, 2008.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to County Boards as presented and outlined above.

Motion carried 3 - 0.

Mr. Lancaster stated that appointments to the BOA should also be made, since two members terms have expired and suggested Evelyn King and Mary Ann Martel.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the BOA as suggested and for a term of 3-months commencing July 1, 2004.

Commissioner Bender stated that he prefer a regular full term until the Board meets with BOA members and is ready to take some sort of action. Chair Rennels expressed concern with re-appointing two members because several applications have been received but not reviewed.

Motion carried 2 - 1 with Commissioner Bender dissenting.

11. WORK SESSION: Mr. Lancaster stated that CCI is requesting a legislative liaison from the Board and noted that Chair Rennels currently holds that position.

MOTION

Commissioner Bender moved that Kathay Rennels remain the legislative liaison for CCI.

Motion carried 3 - 0.

Mr. Lancaster clarified to the Board that dollars were transferred within the Treasurer's office to an incorrect account, but that budgeting staff then transferred additional funds to the correct account. Mr. Lancaster clarified that the error was not in any way the Treasurer's fault and that steps have been taken with the budget staff to assure the situation can not ever happen again.

Ms. La Rue noted that Thursday is County Seat for a Day at the Buckeye School at 7:00 p.m. Chair Rennels suggested representatives from Road and Bridge, Health Department and the Sheriff's office be present at the meeting to address issues likely to be raised.

12. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

13. EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:00 a.m. and cited 24-6-402(4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:15 a.m., no action was taken.

14. CLARIFICATION REGARDING THE BOARD OF ADJUSTMENT: Mr. Timm requested clarification regarding the action the Board took today and noted meeting notification and advertising requirements. Chair Rennels stated that the Board originally thought there would be a meeting with BOA members prior to making any changes. Mr. Timm asked if staff is to proceed as usual for 3-months and the Board replied in the affirmative. Mr. Lancaster stated that he would schedule the Board to meet with BOA at their next meeting.

15. EXECUTIVE SESSION (#80)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:30 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:50 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:50 a.m.

LAND USE HEARING

(#81)

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty, Planning Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. AMENDED PLAT LAKE AREA SUBDIVISION: 12-07-74, AND 13-7-74, APPROXIMATELY FIVE MILES DUE EAST OF THE INTERSECTION OF 63E/44H AND CSU PINGREE PARK CAMPUS ROAD

This is a request to amend the plat of Lake Area Subdivision Third Filing and Lake Area Subdivision Second Addition in order to reconcile property lines and consolidate 95 platted lots into a total of seven lots. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented 1. The Final Plat shall be recorded by January 6, 2005 or this approval shall be null and void; 2. A Road Maintenance Agreement and a Disclosure Notice will be recorded with the plat for this application; 3. Vacation of all easements shall not be effective until the amended plat is recorded in the Larimer County Records.

  1. PTARMIGAN LIFT STATION MINOR LAND DIVISION: A PORTION OF THE NW 1/4 OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 68 WEST; MORE SPECIFICALLY THE PROPERTY IS SITUATED ALONG THE NORTH SIDE OF THE INTERSECTION OF COUNTY ROAD 32E AND COUNTY ROAD 3

This is a request for a Minor Land Division to divide a 1.1-acre Lot from an existing 165.43-acre property for the purposes of constructing a South Fort Collins Sanitation District sewer lift station. This request also includes a request to waive the minimum lot size within the FA-1 Zoning District due to the use of the site for a public benefit. Staff findings are 1. The property for the proposed Ptarmigan Lift Station Minor Land Division is not part of any approved or recorded Exemptions, Minor Residential Developments, Minor land Divisions or Subdivisions and is therefore eligible for this Minor Land Division; 2. Access to the property complies with current standards as set forth by the County Engineering Department; 3. The public benefit derived from the Ptarmigan Lift Station Minor Land Division will offset any new impacts created. Staff recommendation is approval subject to the following condition and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 6, 2005 or this approval shall be null and void.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:05 p.m.

_______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board