> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 31, 1994

PLANNING WORKSESSION

(#434 & #435)

The Board of County Commissioners met at 9:00 a.m. for a Planning Worksession with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were the following members of the Planning Department: Al Kadera, Russ Legg,, Jill Bennett, John Pedas, Carol Evans, Richael Michels, Brice Miller; Rex Burns of Engineering; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Chair Duvall opened the meeting by stating that the Board and the Planning Department need to work together more closely as a team; she invited honest and open communication from the Planning Staff and requested Staff's interpretation of the Land Use Plan and their Vision. Each Staff Member gave their interpretation of the Land Use Plan and indicated they use it much more now than before. The Staff Members acknowledged their appreciation of this Board's support and willingness to work with Planning, and noted this is a tremendous opportunity to develop a strategy for long-range planning. Consensus of the Staff was that the current Land Use Plan is contradictory, difficult to work with, and that zoning changes need to be implemented. Lengthy discussion ensued.

There was discussion of the formation of a Land Use Institute which would be made up of a group of approximately 100 landowners and citizens, and a facilitator, to determine what is a good land-use plan for the County. Commissioner Hotchkiss cautioned that the Board is elected to listen to the people and to make the decisions in accordance with the Board's vision; he asked, what happens if the recommendations made by the Institute are different from the Board's Vision. Commissioner Disney stated he has respect for the process, he wants to listen to the people and respond to those citizens in the middle--not the radicals at each end of the spectrum. Chair Duvall would like for the Institute to address one issue at a time, make a recommendation to the Board, and adopt new strategies to the Land Use Plan, piece by piece. It was agreed that the Board has to have courage and will not win or be popular 100% of the time with the citizens on every issue decided. Mr. Barnett stated that the Board needs to speak with one voice so he can communicate that to his Staff. Mr. Barnett expressed a desire to meet with the Planning Commission to convey these thoughts to them.

Mr. Barnett reported on the Annual Development Activity for 1993 of the Larimer County Planning Department, noting that the County had a 3.2% population growth rate in 1993, over a 2.5% growth rate in 1992. The estimated population in 1993 is 210,000 and at this growth rate, the population in the County will double in 22 1/2 years. Mr. Barnett reviewed the proposed meeting schedule for the Corridor Task Force, noting that nine meetings are scheduled, beginning February 15, 1994, on alternating Tuesdays from 7:00 to 9:00 p.m. Seven Alternatives to reduce the impact of foothills development on the visual and natural environment were presented and discussed. Mr. Barnett met with most of the water providers and major fire districts, which was a first. They talked about issues and how to coordinate and get some consistency, etc. From this group, a sub-set will be formed to meet every two weeks to develop some common elements in hopes for reaching an understanding of where everyone is coming from and attempt to reach common goals.

At this time a short break was taken and Cpl. Don Griffith of the Sheriff's Emergency Services Unit joined the meeting and Commissioner Hotchkiss left the meeting.

Mr. Barnett presented an Action Plan for Restricting Use of Wood Shake Shingle Roofs in Larimer County and noted that the process outlined would lead to the adoption of regulations restricting the use of wood shake shingle roofs. Mr. Barnett noted this is a cooperative effort between the Sheriff's Department Emergency Services Section and the Building/Planning Division. Mr. Barnett stated that restrictions on the use of wood shake shingles for new construction and re-roof would be a pro-active step which Larimer County could take to address one of the major factors in wildland fires. Ms. Evans stated that the schedule is tight and requested support from the Board to proceed in hopes of having an Ordinance adopted by this summer. Mr. Miller stated that Colorado Springs has adopted a similar Ordinance and Boulder and Aurora are considering doing the same; also, the Fire Districts have recommended regulations be adopted. Commissioner Disney suggested making a video to inform the public how wildfire mitigation can help prevent destruction from fire. CONSENSUS OF THE BOARD was to support this request and instructed the Planning Department to proceed with their Action Plan for adoption of an Ordinance for restricting the use of wood shake shingle roofs in Larimer County and Amendment to the Building Code. Chair Duvall requested obtaining written commitments from the Fire Districts and Insurance Companies showing they are responding to public need in recommending the adoption of these regulations, so the public will realize it is not just the Board of County Commissioners being heavy handed in this matter.

Another Worksession will be scheduled very soon with the Planning Department to discuss other planning issues.

The meeting adjourned at 11:30 a.m.




TUESDAY, FEBRUARY 1, 1994

PUBLIC WORKS STANDING MEETING

(#436)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Bill Gordon, County Administrator; Frank Lancaster, Director Natural Resources; Jeannine Haag, Assistant County Attorney; Dick Anderson, Facilities Manager; Clerk & Recorder Myrna Rodenberger; Treasurer Chuck Woodward; Joe Lopez, Representative for the State Judicial System; James Bragonier, Architect; and the following members of the Facilities Planning Committee: Judge John David Sullivan, Scott Courtney, Gary Darling, Linda Coxen, Nancy Wallace, and Tim Walsh. Recording Clerk, S. Graves.

1. LANDFILL AGREEMENT - PROPOSED REVISIONS: Mr. Lancaster noted that the landfill is owned jointly by the County, Loveland and Fort Collins and these entities entered into an Intergovernmental Agreement in 1974 to operate the landfill. Mr. Lancaster noted that portions of the contract have become obsolete and changes in State and Federal regulations place requirements on the landfill which are not addressed in the contract; also, due to the rapid population growth of the county and the hoarding of trash for months by some, the continuation of providing free weekends each year is not feasible and very costly to the County--$60,000. Mr. Lancaster described the changes to the contract addressing these concerns and advantages and disadvantages for making the changes. Mr. Lancaster requested the Board to give its support to the changes in the contract and authorize Staff to present the proposed changes to the cities and proceed with modification of the 1974 agreement. CONSENSUS OF THE BOARD was to support the recommended changes in the Landfill Operating Contract with Fort Collins and Loveland, as recommended by Mr. Lancaster.

2. FACILITY PLANNING COMMITTEE REPORT: Mr. Anderson provided an update on his analysis of the shortage of courtroom space and administrative office space in the Courthouse. The Facilities Planning Committee, comprised of court and law enforcement representatives, has met and outlined current and future needs and is requesting direction from the Board on how to proceed in addressing this problem--whether to strive to have a sales tax initiative on the ballot this November or wait until 1995. Mr. Anderson submitted a tabulation summary showing the current County administrative office space square footage and the projected five and 10 year estimated needs, which amount to a 20 to 40% net increase in space; the summary indicated that the County/District Court area space requirements will increase to 138,500 sq. ft. in five years and 174,000 sq. ft. in ten years. Mr. Anderson stated that the current Courthouse, with the Sheriff's Building, has a total of 128,000 sq. feet; therefore, the Committee has deduced that, in the future, the Courts cannot be housed in the present facility.

Discussion ensued regarding site selection for a new facility and three options are being considered: 1) Current Location; 2) Detention Center; or 3) Midway between Fort Collins and Loveland. The Facilities Committee and Architect devised, and Mr. Anderson reviewed, a Preliminary Activities Schedule, which would have this ballot issue ready for the election in November, 1994; Mr. Anderson noted also that the services of a consultant, at a cost of approximately $200,000, would be required.

Chair Duvall thanked the Committee Members for their work and efforts on this project and noted that the Board did not pull back from placing this matter on the ballot in time for the 1994 election because of lack of support, but because there just isn't enough time to adequately inform the public of the need. Mr. Lopez stated that it could be done in 1994, as Adams County did it; however, it was pointed out that there was community awareness in Adams County, which does not presently exist in Larimer County. Commissioner Hotchkiss expressed his opinion that it is too quick to get to the voters in 1994 and the Board does not want this issue to fail--there are serious problems to solve before we can proceed. The Board recognizes the need for additional courtroom space; however, if the Board pushes this issue for 1994 and it fails, it cannot be put on the ballot again until 1996. Commissioner Hotchkiss stated he believes in the planning process and this is the first meeting with the Board after the Committee was formed; he wants more meetings on this issue and a lot of time is required for this process to be successful.

Judge Sullivan stated that the courts need 8,000 more square feet right now and asked how the Board is going to address this problem. Mr. Anderson responded that trailers may have to be set up in the parking lot to address this need, which will contribute to community awareness of the problem; we have to address these temporary space needs and we need to hire a space planner. CONSENSUS OF THE BOARD was for Mr. Anderson to put together a request for proposal to hire a space planner; monies for his services will be derived from the Capital Expenditures Fund, and to proceed with the planning process to address the current need for additional space for the courts. Commissioner Duvall asked Ms. Haag if there will be a legal problem if County Employees work on this issue; Ms. Haag responded that there is no problem until which time the issue is placed on the ballot. Commissioner Hotchkiss reiterated that we need to get a lot of people involved and take the time to do it right; however, it was decided that the Facilities Planning Committee should not be enlarged at this time; Mr. Lopez recommended keeping it small for now.

3. REQUEST FOR APPROVAL FOR DONATION OF ADDITIONAL SICK LEAVE TIME FOR MS. SPENCER: Mr. Smith stated that the 300 hours of sick-leave time, donated to Elaine Spencer by employees in the Public Works Department, have almost been used and he requested Board approval of the transfer of additional sick-leave time, noting that over 2100 hours have been offered. CONSENSUS OF THE BOARD was to approve the donation of an additional 300 hours from Public Works Department Employees for Ms. Spencer, but will ask the Personnel Director for suggestions regarding amending the sick-leave policy to cover cases similar to Ms. Spencer's.

4. SPAULDING LANE ANNEXATION: Ms. Haag noted that the City of Fort Collins would like to annex Spaulding Lane and has requested Board approval for this annexation.

M O T I O N

Commissioner Disney moved that the Board approve the Petition for Annexation of Spaulding Lane by the City of Fort Collins.

Motion carried 3 - 0.

The meeting recessed at 10:35 a.m.

HEALTH AND HUMAN SERVICES COUNCIL QUARTERLY MEETING

(#438)

The Board of County Commissioners reconvened at 10:40 a.m. in regular session with the Health and Human Services Council. Chair Duvall presided; Commissioners Disney and Duvall were present. Present were the following members of the HHS Council: Doug Keasling, Neil Gluckman, Keith Olson, Rena Mackrill. Also present were Laurie Klith, Beryl McGraw, and Jan DeWitt; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. DISCUSSION OF COOPERATIVE AGREEMENT/CONCEPT PAPER: Mr. Keasling noted that three weeks ago a Cities in Schools Team was formed and given the task by Chair Duvall of developing a Concept Paper, which was submitted today for the Board's review. The Cities in Schools Team was formed because the Larimer County Government Human Service and Law Enforcement Departments would like to cooperate with Larimer County Public Schools in providing services to children and their families in the school environment and wish to make agreements with the Poudre R1, Thompson R2J and Park R3 School Districts to begin a small project in each of the school systems. A proposal for cooperative agreements between Larimer County Government and the Larimer County School Systems was presented, reviewed, questioned, and revised. Chair Duvall volunteered to meet with the School District Superintendents to deliver the Concept Paper in person, after the schools interested in these services have made the initial contact. Chair Duvall will make the arrangements for these meetings; afterwards, the individual school staff and county department staff will draft an Agreement which will be brought to the Board for final approval. Mr. Keasling was selected as Project Manager to coordinate the project and track measurable outcomes; Commissioners Disney and Hotchkiss indicated their support for the project.

2. BCC GUIDANCE FOR MONITORING THE "QUALITY OF LIFE INDICATORS" PROCESS: Ms. Mackrill requested guidance from the Board concerning HHS's role in the monitoring of the County's role with regard to the "Quality of Life Indicators". Commissioner Disney noted that the Board wants to be sure that the County is getting its money's worth and next year, if the Board is solicited for additional funds, Commissioner Disney wants to be able to go to HHS and ask if the information obtained has been useful to the County.

3. 1994 HEALTH AND HUMAN SERVICES GOALS/OBJECTIVES: The Mission Statement and Goals for 1994 for the Health and Human Services Council were reviewed and input from the Board was requested; one slight addition was made to the Mission Statement. Commissioner Duvall asked if there should be associate members on the HHS Council, such as the Sheriff's Department and District Attorney; Mr. Keasling responded that these departments were on the Council originally.

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session at 11:40 a.m. for evaluation of the Mental Health Director.

Motion carried 3 - 0.

The meeting recessed at 12:15 p.m.

MEETING REGARDING MIGRANT HOUSING ISSUES

(#439)

The Board of County Commissioners reconvened at 4:00 p.m. in regular session with Rene Clements, Chairman Fort Collins Housing & Zoning Board and Facilitator for today's meeting. Chair Duvall presided; Commissioners Disney and Duvall were present. Also present were: Carol Gillespie, Human Development; Lou Grant, Greg Cooper, and Jim Wyatt of Piedmont Farms; Jan Erickson, Larimer County Housing Authority Advisory Committee; Sam Mitchell and Bob Miller of Farmers & Home Administration; Shelly Stephens, Fort Collins Housing Authority; Judy Griego, Director Weld County Social Services; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Ms. Clements stated that the purpose of today's meeting is to address migrant housing concerns, review the background to get a perspective of the problem, outline the problem, address temporary solutions (short term & long term), and address goals and means to achieve those goals. Mr. Wyatt provided an overview of Piedmont Farms and the impact of agriculture on Larimer County; Piedmont Farms grows organic produce and is one of the top five organic farms in the country; sales in 1993 were $5.1 million with a peak employment of 300 people, and a payroll of $2.2 million. Piedmont has one on-site facility for housing for 21 people; their season begins in May and goes until the end of October; they have employees living in their cars, back of pickups, etc. Mr. Cooper noted that many of these employees live outside the County and their payroll dollars are being spent outside Larimer County. Mr. Cooper reviewed various options for solving this housing problem, such as provision of sleeping dormitories, augmentation of a transportation system to and from adjacent counties, military style tents with a structure for a commissary and a hut for showers, etc. Mr. Grant stated that Piedmont Farms is here today looking for alternatives and to discuss possibilities for working with the County to address these labor housing needs.

Ms. Gillespie described two farm-worker housing projects recently built in Boulder County: 1) A farm labor dormitory which houses up to 48 solo-male farm workers; 2) A 32-unit apartment complex, with a community building which provides on-site laundry, food preparation, meeting room, and a medical exam room. This housing project was developed by and is owned and managed by the Boulder County Housing Authority; a variety of funding sources were used, with the largest source being Farmers Home Administration. Ms. Stephens asked about the impact of these families on schools, day care, medical care, etc. Ms. Griego stated they have the same problem in Weld County and have done an analysis of the situation in their County, looking at short-term solutions for 1994; she offered all the information they have obtained to Larimer County in hopes of achieving a collaborative planning effort in solving this problem. Mr. Cooper stated also that the Weld County Board of Commissioners gave a commitment to facilitate the process in order to expedite the process for providing farm-worker housing. It was noted that Piedmont Farms is not asking the County for money or waivers, only that Larimer County also become a facilitator for this housing project in order to obtain financing. Much discussion followed and it was determined that a Task Force of nine members should be formed to work on this project; Ms. Clements agreed to help set up the Task Force to work on a short-term solution, and the Board agreed to help in facilitating the project. Ms. Griego stated that in Weld County they formed a Task Force, in cooperation with United Way, City of Greeley; they will be having a meeting on February 10, 1994 and Ms. Griego extended an invitation for anyone interested in attending.

The meeting adjourned at 5:30 p.m.

WEDNESDAY, FEBRUARY 2, 1994

ADMINISTRATIVE MATTERS

(#440)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioner Disney was present. Also present were John Barnett, Director of Planning and Rex Smith, Director of Public Works. Recording Clerk, S. Graves.

1. ADOPTION OF POLICY OF NON-MAINTENANCE OF SUBDIVISION ROADS: Previously the Board indicated their agreement for adoption of a new policy stating that the County will not be responsible for maintenance of roads in new subdivisions. Today the Board was requested to formally adopt a motion of this new policy and, if they do so, Mr. Barnett will draft a resolution making the necessary revisions to the subdivision policy and return to the Board for final approval. Discussion followed regarding the return to the neo-traditional neighborhoods--a modernized version of the neighborhoods of the 1920's. Mr. Smith noted that if this concept is adopted, the streets should be privately maintained and responsibility for emergency equipment would be with the homeowners. The Board indicated a desire to explore the establishment of this type of neighborhood as a new concept for Colorado.

M O T I O N

Recognizing the physical restraints placed on the County by the passage of Amendment #1, Commissioner Disney moved that the Board approve the adoption of a new policy that the Larimer County Road & Bridge Department will no longer automatically accept subdivision roads for County maintenance.

Motion carried 2 - 0.

2. REQUEST FOR APPROVAL AND SIGNATURE ON A PERSONNEL AUTHORIZATION REQUEST - ASSOCIATE PLANNER: Mr. Barnett requested Board approval for reducing two FTE positions each to .6 and hire a full-time Associate Planner, due to the increased work load in the Planning Department, resulting in a .2 increase in personnel and salary savings will be realized.

M O T I O N

Commissioner Disney moved that the Board approve, and the Chair sign, the Personnel Authorization Request to reduce two FTE positions each to .6 and hire a full-time Associate Planner, resulting in a .2 increase in personnel in the Planning Department, as requested by Mr. Barnett.

Motion carried 2 - 0.

3. INTERIM APPOINTMENT TO THE FLOOD PLAIN REVIEW BOARD: The Board was requested to approve the interim appointment of Ross Shaw to the Flood Plain Review Board in the absence of Elaine Spencer.

M O T I O N

Commissioner Disney moved that the Board approve the interim appointment of Ross Shaw to the Flood Plain Review Board, as requested by Mr. Rex Smith.

Motion carried 2 - 0.

4. REQUEST FOR APPROVAL OF TERM CORRECTIONS FOR APPOINTMENTS TO THE ESTES PARK LIBRARY DISTRICT BOARD: The Town of Estes Park requested the Board approve terms corrections for John Adams and Dennis McHenry, who were recently appointed. The Library District recently amended their Bylaws from 5-year to 4-year terms; therefore, Messrs. Adams and McHenry terms of office will expire December 31, 1997.

M O T I O N

Commissioner Disney moved that the Board approve the term corrections for John Adams and Dennis McHenry, recently appointed to the Estes Park Library District Board, until December 31, 1997.

Motion carried 2 - 0.

5. REQUEST FOR APPROVAL AND SIGNATURE ON THE 1993 FOURTH QUARTER REPORT AND THE 1993 ANNUAL REPORT FROM THE LARIMER COUNTY PUBLIC TRUSTEE: The Board was requested to approve the 1993 Fourth Quarter Report and the 1993 Annual Report from the Larimer County Public Trustee.

M O T I O N

Commissioner Disney moved that the Board approve the 1993 Fourth Quarter Report and the 1993 Annual Report from the Larimer County Public Trustee, and authorize the Chair to sign both documents.

Motion carried 2 - 0.

6. COMMISSIONER'S REPORTS:

-- Commissioner Disney noted that at the Environmental Advisory Board Meeting he received copies of pending environmental legislation to share with the Board Members if they are interested.

-- Commissioner Disney reported he received a pamphlet from Colorado State University for a conference on "Celebrating Life", along with a free registration; since he cannot attend he offered it to anyone else who might be interested in going.

-- Chair Duvall requested that a discussion on Comprehensive Planning be added to the list of items for the Policy Worksession tomorrow.

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

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of January 24, 1994, and the Agenda for the week of February 7, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve Petitions for Abatement for the following, as recommended by the County Assessor Steve Miller: R. Michael Masteller (2); Glennell Danielson/Jack H. Webb; F.H.K. Company (3); R. Jerry & Luwanna I. Russell; Kathy A. & Marshall Flug; Schrader Oil Company; Cynthia & Michael Ollila; Ann G. Ryan; Alvie W. Rothe; Nico Cost; Western Camera (3); Shearson/Lehman Brothers; Grid Construction; Marvin E. & Carolyn A. Greeb; and Frances Energy.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following miscellaneous documents: Notice Concerning Restriction on Sale of Lots - Majors Minor Residential Development #93-EX0288; Majors Minor Residential Development Plat; Pinewood Springs 7th Amended Plat; and Friend Minor Residential Development Plat.

Motion carried 2 - 0.

LIQUOR LICENSES: County Approval was granted to Red Feather Liquors - 6% - Red Feather Lakes, CO. with a Waive of Hearing for Change of Ownership from Annie's Place, 31 Main Street, Red Feather Lakes, Colorado for a Retail Liquor Store License.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-16 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30/11 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MARVIN L. AND MARCHETTA M.

THOMPSON (Project #180)

D94-04 DEED OF DEDICATION BY THE TRAVELERS INSURANCE

COMPANY - COUNTY ROAD 80C

Motion carried 2 - 0.

At this time, County Attorney George Hass, Barbara Case King and Sandra Schilling of the Sheriff's Department joined the meeting.

Ms. King reviewed the contents of the memo sent to the Board on January 27, 1994 noting that effective June 1, 1992 Larimer County entered into two agreements with U.S. West for public telephone service. One agreement, identified as Contract No. J-271, covers three telephones located at the Larimer County Detention Center; two of the phones are located in the booking area and one cannot be located. The "Public Telephone Agreement" is a standard form contract and it is doubtful if any consideration was given to whether the subject phones were considered public phones; however, persons using these phones have made unauthorized telephone calls to unsuspecting persons. The Sheriff has requested that U.S. West install an identification system which identifies the caller or block an inmate's ability to call certain numbers. U.S. West will not provide these services unless their company has the entire contract at the Detention Center. Another provider, Gateway, services all the other inmate phones within the Detention Center and can provide these blocking services requested by the Sheriff. Therefore, the request today is for the Board to terminate the contract with U.S. West at a cost of $186.60 per phone for the two phones. Ms. King stated that proceeds from the phones used by the inmates are returned to the inmate welfare/commissary fund and these welfare funds will be used to terminate the U.S. West contract; these "borrowed" funds will be returned to the fund within two months from proceeds derived from the two additional phones for inmate use.

M O T I O N

Commissioner Disney moved that the Board approve the early termination of the telephone Contract #J-271 with U. S. West.

Motion carried 2 - 0.

The meeting adjourned at 10:30 a.m.



______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



______________________________________

Sherry E. Graves, Deputy County Clerk