> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 19, 1994

SUBDIVISIONS

(#120, #123 & #124)

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: Richael Michels and Jay Meehl, Planners; Al Kadera, Subdivision Administrator; John Pedas, Code Enforcement Officer; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the Lindacre Minor Residential Development (#94-EX0488) until October 17, 1994, Royal Vista Subdivision (#94-SU0504) until November 14, 1994, and the Seven Springs Preliminary Plat (#94-SU0527) until December 5, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Lindacre Minor Residential Development (#94-EX0488) until October 17, 1994, the Royal Vista Subdivision (#94-SU0504) until November 14, 1994, and the Seven Springs Preliminary Plat (#94-SU0527) until December 5, 1994, as requested by Mr. Barnett.

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. LETITIA LAKE SUBDIVISION AMENDED PLAT - LOTS 5 AND 6,

BLOCK 5, (#94-SA0574): N 1/2 OF 27-10-73, 1/2 MILE OFF OF COUNTY

ROAD 179 IN THE LETITIA LAKE SUBDIVISION, RED FEATHER

LAKES AREA; 1 ACRE; 1 LOT; O-OPEN ZONING (09-19-94)

This is a request for an Amended Plat of Lots 5 and 6, Block 5, Letitia Lake Subdivision, to create a larger parcel by combining lots 5 and 6. Staff Findings include: 1) The Letitia Lake Subdivision was recorded January 7, 1928; 2) The proposed Amended Plat does not create additional lots; 3) The parcel is zoned O-Open District which requires a minimum 10-acre lot; by combining the lots, the non-conformity of the lot size will be reduced; 4) No objection from the Health Department or utility providers; 5) The Engineering Department has commented on the Plat and a letter has been sent to the applicant. Staff Recommendation is for approval of the Amended Plat of Lots 5 and 6, Block 5, Letitia Lake Subdivision.

2. AIRPORT HEIGHTS AMENDED PLAT - LOTS 4, 5, 6, 7, 8, AND 9;

(#94-SA0571): 08-07-69; WEST OF OVERLAND TRAIL NORTH OF

LAPORTE AVENUE; 3.34 ACRES; 6 LOTS; FA-1 FARMING ZONING

(09-19-94)

This is a request to vacate existing right-of-way, dedicate new right-of-way for a cul-de-sac and build a new road. Staff Findings are: 1) Airport Heights Subdivision was approved in 1949; 2) A street was stubbed to the south property line in Airport Heights, but it does not appear that a street will be needed in this location. This request is to vacate the south end of the street and create a cul-de-sac. Construction of this street and cul-de-sac- is the responsibility of the applicant and must be accomplished before the Final Plat is recorded; 3) The Haumont Minor Residential Development and Airport Heights gain access from Overland Trail via High Street. High Street was built without a culvert at the intersection with Overland Trail. This culvert should be installed by this applicant along with any other drainage improvements needed to address the concerns of the County Engineer.

Staff Recommendation is for approval of the Amended Plat of Lots 4-9, Airport Heights, with the following conditions: 1) Plans for the construction of High Place and the new cul-de-sac shall be subject to the review and approval of the County Engineer; 2) Plans for the installation of the culvert in High Street shall be submitted by the applicant and shall be subject to the review and approval of the County Engineer; 3) The construction of High Place, including the cul-de-sac, and the installation of the culvert in High Street shall be completed before the Amended Plat is recorded.

3. VENNER RANCH ESTATES 2ND, AMENDED PLAT OF LOTS 35, 37 & 39;

(#94-SA0572): 36-05-73, SOUTH OF ESTES PARK; 3.76 ACRES; 1 L0T;

E-ESTATE ZONING; (09-19-94)

This is a request to vacate a portion of West Prospect Mountain Drive and add the vacated right-of-way to three lots resulting in a single building site. Staff Findings include: 1) The Venner Ranch Estates Subdivision was platted May 11, 1966; 2) The Amended Plat would not create additional lots; 3) Lot size conformity to current Zoning Regulations would be achieved by combining the lots; 4) Vacation of a portion of West Prospect Mountain Drive does not hinder access to adjacent lots or property in Section 35; 5) The Health Department and utility providers have no objection to the proposal. Staff Recommendation is for approval of the Amended Plat of Lots 35, 37 & 39, Venner Ranch Estates.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Letitia Lake Subdivision Amended Plat Lots 5 and 6, Block 5 (#94-SA0574); Airport Heights Amended Plat, Lots 4, 5, 6, 7, 8 & 9 (#94-SA0571); and Venner Ranch Estates Amended Plat (#94-SA0572); each, with the conditions as outlined.

Motion carried 3 - 0.

4. BURK SPECIAL REVIEW (WISHES ARE HORSES) (#94-ZR0488):

06-05-69, ON THE EAST SIDE OF COUNTY ROAD 25 (GLADE ROAD)

1 1/2 MILES NORTH OF U.S. HIGHWAY 34; 3.15 ACRES; FA-1

FARMING ZONING (09-19-94)

This is a request for Special Review to allow a recreational and therapeutic horseback riding center with up to 10 horses. Ms. Michels gave a brief presentation regarding the project, noting that the applicant is proposing to operate a non-profit riding arena which caters to the disabled, including the physically handicapped and high risk youth, and this is an existing operation which was begun without benefit of County review or approval. Ms. Michels reviewed the major concerns and issues, stating that the applicant is currently working with the Health Department to mitigate the concern of flies, dust and noise; the primary concern is the requirement that no more than six horses be allowed on the property, as allowed by the Zoning Resolution and another issue is access. Ms. Michels noted that the applicant has not submitted a site plan for approval, but has agreed to do so. Staff Findings include: 1) The proposed riding arena provides a service for a special group of County residents which might not have an opportunity for this type of therapy if the arena did not exist; 2) With certain measures taken, the impact from the riding arena will be minimized; 3) The County Engineering and Health Departments and other reviewing agencies have been given the opportunity to comment on this proposal and stated no objections to it; 4) The approval of this Special Review, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

Laura Burk, applicant, showed a video of a Channel 9 news report featuring this particular project and a CBS program featuring President Reagan supporting the benefits derived from this type of activity. Ms. Burk submitted a map to the Board highlighting the neighbors bordering her property in support for continuation of this program; she noted that the previous owners of this property had up to 16 horses and the neighbors are confused why there is a problem now. Ms. Michels stated that Staff does not have a history of this site, so cannot comment on a precedent use. Ms. Burk stated that they need 10 horses because even though they only have 6 riders at a time, there are many sizes and shapes of riders and they need variety of horses; also, the horses are old and if they are overworked, they will become lame. Ms. Burk described the numerous improvements which have been made to the property, such as planting grass, shrubs and trees, fencing, etc. Ms. Burk stated that the adjacent properties to her property have numerous horses, sheep, goats, dog boarding, dairy farm;, etc.; therefore, this land use is compatible. She also noted that the gate has been locked at the Moffit Drive access and will remain so; thereby resolving the access problem. Dr. Richard Gaudby, Veterinarian, informed the Board that if a horse has any lameness whatsoever, you cannot use that horse for therapeutic riding. David Lauer indicated his support for a probationary period for this proposal. Al Chinear stated that this is a very worthwhile program and provides a real service to the area; he stated that the ducks and geese are being given away, which will resolve another concern. Wayne Wise stated this is a great program. There was no one in the audience to voice opposition to this land use or project.

Chair Duvall noted that she has visited the property and was very impressed. Commissioner Hotchkiss also visited the site and stated he has no problem with the land use and feel it is compatible with the area; Commissioner Disney concurred. After further discussion, the conditions for approval were amended as follows:

The Staff/Planning Commission Recommendation is for approval of the Burk Special Review to allow a riding arena in the O-Open Zoning district, with the following conditions: 1) The applicant must work out a dust mitigation and waste disposal plan with the County Health Department; 2) Allow the applicant to have 10 horses for the first year, after which Staff will review the issue with all parties concerned, including the neighbors, to see if there are any problems; 3) The applicants must work with the Loveland Fire Prevention Bureau and submit a letter from them stating that any concerns they may have, have been addressed; 4) No access can be taken onto Moffit Drive; 5) A site plan depicting 10 - 12 parking places and County standard landscaping must be submitted for Planning Department approval; 6) Parking and landscaping must be inspected on site by the Planning Department; 7) The applicants must develop a drainage plan to be approved by County Engineering; 8) Hours of operation are limited to 9:00 a.m. to 7:00 p.m. Monday through Saturday and 11:00 a.m. to 6:00 p.m. on Sundays; 9) The applicants must work with the County Zoning Officer to determine a reasonable amount of poultry for this site and ducks and geese must be under control at all times.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation, with the conditions as amended, and approve the Burk Special Review - Wishes are Horses (#94-ZR0488).

Motion carried 3 - 0.



5. CASHMERE DOWNS SUBDIVISION (#94-SU0470): E 1/2, 33-04-69;

SOUTH SIDE OF COUNTY ROAD 4, 3/4 OF A MILE WEST OF U.S.

HIGHWAY 287; WEST OF THE HORSESHOE PARK SUBDIVISION,

EXTENDING FROM COUNTY ROAD 4 SOUTH TO THE LARIMER-

BOULDER COUNTY LINE; 279.3 ACRES; 23 LOTS; FA-1 FARMING

ZONING (09-19-94)

This is a request to divide 280 acres into 23 lots ranging in size from 2.3 acres to 6.1 acres for single family residential use and one lot of 197 acres to remain as a working ranch. Ms. Michels provided the area analysis and project description and reviewed the major concerns and issues, noting that the primary concern is the soil condition as there are severe limitations for septics at this site. Ms. Michels noted, however, that the applicant has tested each lot and their percolation data indicates that 73% of the lots meet the minimum standards required by the individual sewage disposal system regulations. Ms. Michels stated that other concerns relate to access and the six-foot walkways. Staff Findings are: 1) The soils present on this site have severe limitations for the construction of on-lot septic systems; however, the applicant has demonstrated that he can meet the minimum technical requirements of the Larimer County Water, Sewer and Fire Safety Standards and Procedures Manual with 73% of the lots percolating at not greater than 60 minutes per inch; 2) The use of multiple access points for the subdivision will lessen impacts of increased traffic on adjacent roads and subdivisions with off-site road improvements lessening the impact on off-site traffic flows; 3) The proposed subdivision furthers the interests of agriculture, open space, and wildlife habitats by preserving 180 acres of open space, wildlife habitat, and agricultural uses in perpetuity; 4) The proposed subdivision meets the criteria of the Larimer County Zoning Resolution and the Larimer County Comprehensive Land Use Plan; 5) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents. Staff Recommendation is for approval of the Cashmere Downs Subdivision with numerous conditions, which have been agreed to by the applicant; the Planning Commission Recommendation was to deny the Cashmere Downs Subdivision.

Jim Martell, attorney representing the applicant, addressed the issue of access noting that originally the access proposed was through Horseshoe Park; however, at the last hearing there was substantial opposition from the neighbors and so the Plat was revised to show access going out to County Road 4. Mr. Martell stated that Staff would like to have at least one access going through the Horseshoe Park Subdivision and the applicant is agreeable to whatever is decided. Mr. Schuetze, applicant, reviewed the history of Cashmere Downs and addressed all the changes which have been made to the proposal in an attempt to satisfy the Commissioners and neighbors concerns from the last hearing on this item in February. He described the concept for developing a part of the farm and preserving the majority of the farm as agriculture land. Mr. Schuetze stated that they are willing to grant a conservation easement to the Larimer County Land Trust for agriculture purposes in perpetuity. Mr. Schuetze noted that there is development on the east, south and west of this property, and with reference to the septic tanks, they have tested every lot and they can provide adequate satisfactory septic and leach field systems on every lot. Mr. Schuetze stated that they have two designated wildlife areas and the 180 acres of open space will also contribute to wildlife preservation. Mr. Schuetze stated that by taking all these measures to address the concerns raised at the February hearing, he is confident they now have a subdivision proposal the Board can approve. Mr. Shupe, Landmark Engineering, addressed several technical issues regarding the requirement for septic system envelopes and stated they have developed a maintenance program for the septic systems--the homeowner's association will monitor the systems and pump them out at the appropriate times. With regard to the traffic concern, Mr. Shupe stated that they will not significantly impact the air quality by requiring people to go out CR 4 rather than through Horseshoe Park. Mr. Blehm offered his comments regarding the septic system and noted that the subdivision meets the technical standards for on-site sewage system, even though public sewer is the preferred first choice. Mr. Burns addressed the traffic concerns.

Those speaking in opposition to this proposal were Bob McCardy, spokesman for the Horseshoe Park Homeowners Group, George Wallick, Jean Harden, and Leonard Leeper; they cited their concerns regarding traffic, the Horseshoe Park access, change in lifestyle if road is paved, detached walkways, enforcement of emergency access only through Horseshoe Park, wildlife, water pressure, impact on schools in Berthoud, the dangerous intersection from 287 into Horseshoe Park, and they questioned who will enforce the access through Horseshoe Park being used for emergency only. Barry Cunningham spoke in favor of the project noting that he is in favor of controlled growth, not zero growth, and this proposal provides much needed rural residential living.

In summary, the applicant informed the Board that they should approve this proposal because it provides and preserves almost 200 acres of open space forever in the county and provides a 175 acre farm for agriculture in perpetuity. He noted that if this proposal is denied, the land use plan allows that this entire farm could be developed at 2.3 acre lots or larger and could have 80 homes on the site. He stated that Little Thompson Water District has assured him they can provide adequate water to these homes and because a loop will be created in the Horseshoe Park system, they think it will actually improve the water pressure in Horseshoe Park. Mr. Schuetze stated that the benefits of open space far outway the concerns and he requested the Board to approve this request.

Chair Duvall stated that her primary concern with this proposal is the septic issue and she asked if the developer could put money into escrow to cover any system failure in the future if one occurs; the response was, who determines how much and for how long? Commissioner Disney noted he has serious concerns about the traffic impact on 287 and the cumulative impact on roads as each subdivision coming before the Board is approved, and he also shares concerns about the septic system. He commended the applicant for the willingness to dedicate open space; however, he noted that unplanned open space is as bad as unplanned development--it has to fit with some kind of a plan. Therefore, he concurs with the recommendation of the Planning Commission to deny this request. Commissioner Hotchkiss questioned the need for rural residential subdivisions split completely off from communities; he still thinks the proposal is premature, the open space is a carrot, but he also plans to support the recommendation of the Planning Commission. Chair Duvall stated that she likes this project because she favors the preservation of agriculture land in Larimer County, but the proposal is gray--not black or white and she has concerns regarding the septic system and the traffic.

M O T I O N

Commissioner Disney moved that the Board adopt the recommendation of the Planning Commission and deny the Cashmere Downs Subdivision (#94-SU0470).

Motion carried 3 - 0.

6. CASTILLON ZONING VIOLATION: LOT 14, BLOCK 4, NORTH LYNN

ACRES, 6525 LYNN DRIVE (09-19-94)

Mr. Pedas informed the Board that the alleged violation is for operating an automobile detail shop in the FA-Farming Zoning District; he reviewed the major issues and concerns. Mr. Pedas stated that a permit for a garage was issued in April 1993, which was to be used for storage and maintenance of a private collection of automobiles. Mr. Pedas noted that in July 1994, his office was informed that a tree service business had moved onto the property and in August 1994 they were informed of an auto detail shop on the property with complaints regarding noise and odors being received from adjacent neighbors. Mr. Pedas noted that the real issue is this is a commercial use in a residential neighborhood; if it would be approved as a use, it would require a zoning change to commercial or a special exception. Staff Findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zone does not permit auto detailing shops; 3) The subject property is in a residential neighborhood; 4) Continued use of the property is inconsistent with the zoning restrictions and will affect property values in the residential neighborhood; 5) The permit for the garage building is not authorized by either the Poudre Fire Authority or the Larimer County Building Department for commercial use. The Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Mr. Castillon, property owner, addressed the Board and explained why he is detailing cars at this site--when the property where he had his detailing shop for over six years was sold, he could not find another relocation site and so he moved to this site in order to keep his business going. He stated he had his chemicals checked and nothing is toxic, he noted that he is not painting cars. Several adjacent property owners spoke in opposition to this operation: JoAnn Strader, Ruth Henry and Linda Perino and a letter was submitted in opposition from a neighbor who could not attend today's hearing. They requested the Board to enforce the existing zoning regulations and deny this use; they are concerned about the reduction of their property values if this operation is allowed to continue.


M O T I O N

Commissioner Hotchkiss moved that the Board find that a violation exists, require compliance within 90 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The meeting recessed at 12:35 p.m.

MEETING WITH JIM STOKES REGARDING

TECHNOLOGY IN 1995 AND BEYOND

(# 125)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Jim Stokes, Director of Information Management Division. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Frank Lancaster; Interim County Administrator. Neil Gluckman; Assistant County Administrator. Sue Cottingham; Manager of Systems and Programming. Jim Stokes; Director of Information Management. George Jones; Manager of Computer Operations. Gary Janezich; Senior Analyst. G. Rex Smith; Director of Public Works. Russell Ragsdale; Deputy Clerk. Bob Grewell; Director of Finance. Bob Keister; Budget Manager. Stephen Carow; Senior Analyst for Public Works. A. Jensen, Recording Clerk.

Mr. Stokes stated that the purpose of this meeting is to bring the commissioners up to date with respect to computer technology for the County and discuss where it is best to concentrate limited funds. Mr. Stokes said that there are five or six major projects that will require major funding expenditures and many of these projects are interconnected.

Four areas of interest to the Commissioners were discussed by Mr. Stokes, Mr. Ragsdale and Mr. Jones, such as: imaging, voice mail, Geographic Information System (GIS), and networking. After much discussion the main points were: 1) final decision on a vendor for the imaging project will be made within two months, 2) the GIS pilot project will be complete by the end of the year, 3) Mr. Stokes will re-examine the funding request and the need for expanding the voice mail system. Mr. Stokes noted that the study for the networking project will be completed within a month and how critical a network is for the future of technological advances for the County.

The meeting continued with Ms. Cottingham discussing the Assessor's and Treasurer's office computer needs and the current systems shortcomings. Ms. Cottingham noted there are many demands placed on the Assessor's office due to legislative requirements. Ms. Cottingham also noted that the current mainframe will need to be replaced by the end of the decade with consideration given to having one computer system for the Assessor and Treasurer's office.

Chair Duvall asked Mr. Stokes if the only available funding for technological advances was $575,000, what would Mr. Stokes spend it on? Mr. Stokes replied "Networking". Comissioner Disney inquired about a new election system, if it would be a part of this network system, and it's cost. Mr. Ragsdale responded by saying a new election system would cost somewhere in the range of $100,000 to $1.2 million and may or may not have a connection with the network; he further stated that in mid-1996 Unisys will no longer support our current election system.

Mr. Stokes informed the Board that a complete networking system would cost approximately $2.5 million, but will advise the Board of the potential phase in costs. Mr. Keister suggested waiting to commit further funds for computer equipment until all the studies currently under way are complete. Commissioner Disney suggested reconvening the Data Processing Committee to facilitate long range planning, needs assessments and act as a collection point for studies currently under way. Conversation ensued regarding the composition of the Data Processing Committee.

Meeting adjourned at 2:40 p.m.

TUESDAY, SEPTEMBER 20, 1994

PUBLIC WORKS STANDING MEETING

(#126)

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 Elaine Spencer, Engineering, and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Subdivision Maintenance Discussion: Mr. Smith informed the Board that he and Mr. Heiden are preparing a comprehensive county policy for maintenance of subdivision roads and noted that the purpose of the discussion today was to receive input from the Board regarding their thoughts and desires on this matter. Mr. Smith noted that currently there are 364 miles of public roads in the county that are not county maintained and they estimate that about 250 miles of that total are subdivision roads which have not been brought up to county standards; currently they are maintaining 104 miles of subdivision roads. Much discussion followed whether or not the county is going to accept subdivision roads for maintenance in the future when brought up to county standards, as they have in the past, if they going to continue to plow school bus routes, if they going to continue with chip sealing, sweeping, and snow plowing in subdivisions they are currently maintaining, etc. Mr. Smith stated that the Board will need to decide for the future whether funding will go either into construction or into maintenance, as at the current level of funding they cannot continue to do both; Mr. Smith stated that with the growth the county is experiencing, there will be a tremendous demand on the county road system. Commissioner Hotchkiss summarized the Board's thoughts for Mr. Smith stating that the general guidelines to follow when developing this comprehensive policy are fairness, equity and consistency; the problems need to be identified and an inventory taken with regard to which roads are currently maintained, which ones the county has committed to maintain in the future, etc. Mr. Smith will take the thoughts and information shared by the Board and return in two weeks with a comprehensive policy for further discussion.

2. Request from Cedar Park and Cedar Springs: Mr. Smith received a request from the residents of Cedar Park for the Board to provide additional monies to continue to make improvements to the access road into Cedar Park and Cedar Springs and possibly construct a secondary access into the area. Mr. Smith noted that the County and the Forest Service each currently provide funding of $1,500 annually for road maintenance and construction and the request is for an additional $5,000 from each entity. Mr. Smith informed the Board that he advised the residents that the best option for increased funding is for them to form a Local Improvement District of General Improvement District; Ms. Martell, from the Engineering Office, is sending them the necessary information to form a district.

3. TDP Process: Mr. Smith informed the Board that the City of Fort Collins has received request for proposals back for the Transit Development Plan (TDP) and has narrowed the list down to four consultants; interviews will be conducted on September 22, 1994. Mr. Smith expressed concern that the County's share on three of the proposals would be between $50,000 and $80,000 and there is only $18,000 grant approved and $5,000 from the County commited to this. However, Mr. Daggett from the City of Fort Collins advised Mr. Smith not to be concerned as there will be opportunities to apply for additional Federal funds to cover this cost.

4. Discussion of Van Pools: Chair Duvall inquired about a van pool for Hewlett Packard, Woodward Governor, Larimer County and other major employers located both in Loveland and Fort Collins to transport their employees back and forth. Mr. Smith stated that the Metropolitan Planning Organization (MPO) is working on this. The Board said they will consider this idea when working on the 95' budget.

The meeting recessed at 10:30 a.m.

MEETING TO DISCUSS POLLUTION PREVENTION GRANT

(#124 @ 2000)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Dr. Adrienne LeBailly, Director of the Health Department. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Pollution Prevention Grant: Dr. LeBailly stated that recently the Larimer County Department of Health and Environment applied to the Colorado Department of Public Health and Environment for a Pollution Prevention Grant in the amount of $55,000; a grant of $35,000 has been awarded, leaving a shortfall of $20,000. Dr. LeBailly stated that the City of Fort Collins is interested in helping fund the project at the $55,000 level and would be wiling to contribute $10,000 if the County would do likewise. Dr. LeBailly presented three options for the Board to consider: 1) Accept the $35,000 grant proposal and reduce the budget to 65% of the original proposal; 2) Request that a decision package for $10,000 be funded by the Commissioners; or 3) Return the $35,000 grant and not conduct the Pollution Prevention Program. Discussion of the advantages, disadvantages, goals, and objectives ensued. CONSENSUS OF THE BOARD was to approve Option #1 and accept the $35,000 and ask Dr. LeBailly to include a decision package in her 95' budget request for the $10,000 to allow time for the Board to give further consideration to the request.

2. Request to Donate Leave: Dr. LeBailly requested the Board to allow the donation of leave for an employee in the Health Department who ran out of leave on Monday of this week and passed away on Thursday. CONSENSUS OF THE BOARD was to approve this request for donation of leave time (16 hours) for a part-time program worker in the Health Department.

The meeting adjourned at 1:50 p.m.

WEDNESDAY, SEPTEMBER 21, 1994

ADMINISTRATIVE MATTERS

(#122)

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: Ralph Jacobs, Director of Personnel; Neil Gluckman, Assistant County Administrator; and Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

1. APPOINT INTERIM DIRECTOR FOR ENVIRONMENTAL HEALTH:

M O T I O N

Commissioner Disney moved that the Board appoint Dr. Adrienne LeBailly as Interim Director in Environmental Health, effective October 14, 1994, at which time the position will be vacated by Dr. Larry Johnston.

Motion carried 3 - 0.

2. WAIVER OF POLICY FOR INTERNAL RESTRUCTURING IN THE PLANNING DEPARTMENT: Subsequent to a discussion during the Planning Worksession on September 7, 1994 with regard to the hiring of a Chief Planner for the Planning Department, Mr. Lancaster requested the Board to authorize a waiver of the Larimer County Personnel Policy regarding hiring procedures in order to allow Mr. Barnett to promote current employees within his department. Mr. Lancaster noted that those appointments will be Russ Legg as Chief Planner; Jerry White as Senior Planner, and one position will be open to hire someone from the outside. The purpose of this request is to allow Mr. Barnett to move rapidly in reorganizing the Planning Department in order to expedite the completion of the many projects which the Board has given to the Planning Department

M O T I O N

Commissioner Hotchkiss moved that the Board waiver the Larimer County Personnel Policy regarding the provision for posting of positions, as requested by Mr. Lancaster.

Motion carried 3 - 0.

3. WORKSESSION:

-- With regard to the job description for posting the County Administrator's position, Mr. Lancaster asked the Board if they wished to discuss this further during Policy Worksession or have Mr. Jacobs compile the written comments recently solicited from the Board. After discussion, the Board directed Mr. Jacobs to compile the comments and revise the job description before advertising for the position.

-- Mr. Lancaster informed the Board that with regard to the numerous invitations received for the Board, in the future Ms. Hart will compile and discuss them with the Board during Worksession on Wednesday mornings to determine who will be attending which functions. However, if the invitation is to one Commissioner only, she will discuss it individually with that Commissioner. Today, the only invitation to discuss is a "visioning" planning session to be hosted by the Human Development Department on Tuesday, October 4, 1994 from 3 p.m. to 8 p.m., with dinner included. After discussion, Chair Duvall indicated she will attend this event.

-- Mr. Lancaster stated that the items on the agenda for tomorrow's Policy Worksession are: 1) The Data Processing Committee; 2) Wildfire; 3) Discussion of Policy

Worksessions - how the Board wants to advertise them and how often should Cabinet Meetings be scheduled, etc.

4. COMMISSIONER'S REPORTS - ADMINISTRATIVE:

-- Commissioner Disney reported he has the final draft of the letter to the Forest Service regarding the Meadowdale Ranch completed; he will distribute copies to the Board and would appreciate their comments.

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 September 15, 1994 and the Agenda for the week of September 26, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Application Worksheet Form - 214 Recertification for the National Flood Insurance Program for Federal Emergency Management Association (FEMA); the Amended Plat of Lot 6, Block 1, 2nd Filing and Lot 7, Block 2, 1st Filing, Cedar Springs Subdivision; and an Amended Plat of Lots 232, 233 and 234 Horsetooth Lake Estates.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to La Chaumiere - 6% - Lyons, CO. and Columbine Lodge - 3.2% - Bellvue, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

C94-54 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WESTERN MOBILE NORTHERN, INC.

(Paving of Bike Lanes - Project #202)

C94-55 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE DEPARTMENT OF

TRANSPORTATION (Federal Aid Bridge Replacement at

Cottonwood Creek)

R94-113rb RESOLUTION CONCERNING THE REPLACEMENT OF BRIDGE

NO. LR 18E-WO.2-31 OVER COTTONWOOD CREEK

(Federal Aid Project Bro CO60-003)

R94-114s FINDINGS AND RESOLUTION GRANTING THE WAIVER

REQUEST FOR STORAGE AT THE PINES

R94-115s FINDINGS AND RESOLUTION GRANTING THE JOHANNSEN

TROTTER MINOR RESIDENTIAL DEVELOPMENT APPEAL

R94-116s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF CHURCH SUBDIVISION

R94-117s FINDINGS AND RESOLUTION GRANTING THE VACATION OF

UTILITY EASEMENT IN BEARDSLEE EXEMPTION

R94-118s FINDINGS AND RESOLUTION GRANTING THE VACATION

OF UTILITY EASEMENT IN CARRIAGE HILLS 5TH

Motion carried 3 - 0.

At this time, County Attorney George Hass; Assistant County Attorney Jeannine Haag, Sheriff Richard Shockley, Captain Sandy Schilling, Detention Division; and Jerry White, Zoning Administrator, joined the meeting.

1. Overcrowding in the Detention Center: Sheriff Shockley reported to the Board that there are currently 66 State inmates at the Detention Center, which represents 35% of the total inmates confined, and a state of frustration exists as the State owes Larimer County approximately $285,000 in arrears for housing these inmates in May, June, July and August. Sheriff Shockley stated that part of the problem for back payment is that a substantial amount of money set aside for payment of housing of State inmates is being used to transfer 400 inmates to Minnesota. Sheriff Shockley noted there are currently 230 people in the Detention Center and the facility could be run in an appropriate fashion without any difficulty absent the State inmates; the problem is abhorent, but he doesn't know what we can do about it, as the inmates cannot be refused and it is not a turn-back situation. Mr. Hass stated are three tiers of counties in this backlog problem, and we in the bottom tier; it is a political funding budget problem and what the judges can do to solve this problem has been exhausted. The Sheriff stated that there is a backlog of over 800 inmates in the State and the State Facility they are going to build will only hold 1200 inmates and will not solve the problem. Much discussion followed; the Sheriff was not requesting action from the Board today, only to apprise them of the problem. Mr. Lancaster suggested that the Board discuss the problem of delinquent payment for housing State inmates with the State Legislature when they meet with them after the election. In the meantime, Mr. Hass will write a letter to the State requesting back payment. Commissioner Disney suggested that this problem be discussed with CCI and the Urban Districts to see if they can form a unified stance for solving this problem in the future.

2. Request for Approval of Contract: Mr. White presented a Contract for the sale of Lot 75, in Crystal Lakes Twelfth Filing, P.U.D. and requested Board approval and the Chair's signature. The Board approved the Contract, as presented, and authorized the Chair to sign same.

C94-56 CONTRACT TO SELL LOT 75, CRYSTAL LAKES TWELFTH

FILING P.U.D. BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SCOTT FITZGERALD AND DEBRA

J. FITZGERALD

3. Campaign Reform Act: Much discussion ensued regarding what the Board of County Commissioners can and cannot do with regard to discussing campaign issues in public. Mr. Hass stated the Board may do whatever they want as long as they don't spend money, and it should be done on their own time away from the Courthouse. He noted that if they are at a meeting as a Commissioner on County business, they should not turn that meeting into a forum for or against an issue; if they they are invited to speak to a service club, they may speak about the ballot issues and respond to unsolicited questions. Mr. Hass stated also that the Board can pass a Resolution opposing or supporting an issue, but they can't duplicate it or publicize it in a manner that is different from what they normally do; however, a private group can take that resolution and distribute it--the bottom line is "The Board cannot spend taxpayer's money on a tax issue". CONSENSUS OF THE BOARD was to request Mr. Lancaster to draft a resolution stating the Board's position in support of the Law Enforcement Authority and POST 2001.

4. Discussion of $50 Penalty on Fire Ban Resolution: In response to questions about how the $50 penalty on the Fire Ban Resolution was set, Mr. Hass noted that a violation of same is defined as a Class II petty offense in the criminal code and is a violation of Statute.

5. Discussion of 35-Acre Subdivisions: In response to questions from the Board about control of 35-acre subdivisions, Mr. Hass responded that one way to get control is through the road system. Mr. Hass stated that Statute gives the County the authority to regulate access to properties and also under the building code you don't have to issue a building permit unless that site has access to a county road system. Mr. Hass stated there are three ways to control 35-acre subdivisions, thru the: 1) Road System; 2) Minimum lot size under the zoning regulations; 3) "Jackson County approach", which restricts uses on 35-acre parcels requiring everything to be approved by special review. The Board requested Mr. Hass to explore the idea of the road system and the withholding of building permits on 35-acre parcels. Mr. Hass stated that the procedural way to do this is to amend the zoning resolution by drafting language in the zoning resolution that in certain zones these uses require special review. Control through the road system is more complicated because it involves a lot of standards and is more technical. Commissioner Hotchkiss stated that the simple way to accomplish regulation is to change the zoning resolution to require special review on these topics; or Mr. Hass stated that, in certain zones in the County, the minimum lot size could be changed to require 50 acre or 100 acre divisions. He noted that the Board can do this locally under the zoning resolution. The Board directed Mr. Hass to proceed with drafting amendments to the zoning resolution to require special review. Ms. Haag stated she can have this prepared in a month, so the public hearing process can be started. Commissioner Disney asked Ms. Haag to compare what they have done in Boulder and Jackson Counties when she is working on these amendments.


6. POST 2001: Chair Duvall asked if the POST 2001 ballot language could include exact language indicating the County's intention to work with "willing sellers". Mr. Hass responded that he intentionally did not include that language in the resolution because the price of land could be affected; he used language that would protect the general taxpayer as well as the individual landowner.

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session to discuss several personnel matters with legal counsel.

Motion carried 3 - 0.

The meeting adjourned at 11:30 a.m.; no action taken.



______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


____________________________________

Sherry E. Graves, Deputy County Clerk



_____________________________________

Aimee Jensen, Deputy County Clerk

September 21, 1994