PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 15, 1995

SUBDIVISIONS

(#283, 284)

The Board of County Commissioner met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Al Kadera, Subdivision Administrator, John Pedas, Code Enforcement Officer; Harry Lynam, Engineering; Jerry Blehm, Environmental Health; Rex Burns, Flood Plain Administrator; and Jeannine Haag, Assistant County Attorney. Recording Clerk, A. Jensen.

Mr. Barnett requested the Board to table the item listed as the alleged violation at 1000 South Lincoln on today's agenda until May 22, 1995 to allow for further negotiations in hopes of resolving this matter.

M O T I O N

Commissioner Clarke moved that the Board table the item for the alleged violation at 1000 South Lincoln in Loveland, Colorado until May 22, 1995, as requested by Mr. Barnett.

Motion carried 3 - 0.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. NAMAQUA HILLS LOT 33 EASEMENT VACATION (#95-SA0679):

08-05-69; NAMAQUA HILLS, WEST OF LOVELAND; .21 ACRES; 1 LOT

FA-1 FARMING ZONING (05-15-95).

This is a request to vacate the easement on the northeast side of Lot 33 to accommodate the construction of a driveway and a garage. The garage will meet the minimum side setback of five feet. Staff Findings include: 1)Namaqua Hills was platted in 1962 and amended in 1978; 2)All the lots in this area have utility easements around the perimeter. Utilities have been installed in this area and this easement is not needed; 3)The County Health and Engineering Departments and all utilities serving this area reviewed the proposed vacation and stated no objections.

The Staff Recommendation is for approval of the vacation of the utility easement on the northeast line of Lot 33, Namaqua Hills Amended, with the condition that the applicant furnish a written description of the easement being vacated. This description shall be signed and sealed by a licensed surveyor.

2. SEDONA HILLS STREET NAME CHANGE (#95-OS0682):

1,2,11,12-04-70 & 13,25,26,27,35,36-05-70; WEST OF COUNTY ROAD

29 BETWEEN COUNTY ROAD 18E AND COUNTY ROAD 12; O-OPEN

ZONING (05-15-95).

This is a request to change a street name in the Sedona Hills development to facilitate addressing for utility and emergency response purposes. Staff Findings include: 1)Sedona Hills is a large area of 35-acre parcels located northeast of Carter Lake; 2)RoadS have been constructed to provide access to these lots. The roads need to be named to facilitate emergency response and utility service to these lots; 3)The proposed road names have been reviewed by all the appropriate agencies and no objections were stated.

The Staff Recommendation is for approval of the following road names for Sedona Hills as shown on the attached drawing: Sedona Hills Drive, Sedona Hills Court, King Ranch Road, Verde Valley Court, Sandia Land and Kiva Ridge Drive.

3. BAINBRIDGE COURT RIGHT-OF-WAY VACATION (#95-OS0662):

35-08-69; SOUTH OF HIGHWAY 287, EAST OF SHIELDS; O-OPEN

ZONING (05-15-95).

This is a request to change to vacate a portion of a platted subdivision street (Bainbridge Court). Staff Findings include: 1)Artalice Subdivision was platted in 1952; 2)In 1969 additional right-of-way was dedicated to extend Bainbridge Court south of the original dedication on the plat; 3)The additional right-of-way is not needed and the property owner has requested that the unneeded right-of-way be vacated; 4)The County Health and Engineering Departments and all affected agencies have reviewed the proposed vacation and stated no objection; 5)An amended plat should be required to correct the public record concerning the lot that will receive the vacated right-of-way.

The Staff Recommendation is for approval of the request to vacate a portion of Bainbridge Court with the condition that an amended plat be submitted to show how the vacated right-of-way is added to the adjacent lot.

4. SPRING GULCH RANCH ESTATES 3RD FILING EASEMENT

VACATION (#95-SA0659): 34-04-71; SPRING GULCH RANCH

ESTATES 3RD FILING; 1 LOT; 11.66 ACRES; O-OPEN ZONING

(05-15-95).

This is a request to vacate a 15 foot utility easement along the east line of Lot 31, Spring Gulch Ranch Estates 3rd Filing. Staff Findings include: 1)Spring Gulch Ranch Estates Third Filing was approved in 1974; 2)Side lot utility easements were provided throughout the subdivision to assure that utility service could be provided to all the building sites; 3)Vacating the utility easement on this lot will not leave any building sites without adequate utility services; 4)The County Health and Engineering Departments and all utilities serving this area reviewed the proposed vacation and stated no objections.

The Staff Recommendation is for approval of the vacation of the 15 foot utility easement along the east lot line of Lot 31 of the Amended Plat of Lots 23 and 31, Spring Gulch Ranch Estates Third Filing with the condition that the applicant provide a written description of the easement being vacated. The description shall be signed and sealed by a licensed surveyor.

5. WIND STAR ROAD STREET NAME CHANGE (#95-OS0658): 35-08-69;

SOUTH OF HIGHWAY 287, EAST OF SHIELDS STREET; O-OPEN

ZONING (05-15-95).

This is a request to name an unnamed road Wind Star Road. Staff Findings include: 1)Artalice Subdivision was approved in 1952; 2)In 1971 a road was dedicated to provide access to part of the site which had no other access; 3)The proposed road name was reviewed by the County Health and Engineering Departments and all appropriate agencies and there were no objections.

The Staff Recommendation is for approval of the proposed road name of Wind Star Road.

6. CHOKE CHERRY STREET NAME CHANGE (#95-OS0666): 18 &

19-06-69 & 13,23 & 24-06-70, SOUTH OF MASONVILLE; RURAL

(05-15-95).

This is a request to change Choke Cherry Street name to Wildcat Road and three other roads are to be named Stag Hollow Road, Gold Mine Road and Eagle View Road. Staff Findings include: 1)Muley Park is an area south of Masonville that was divided into 35 acre parcels several years ago; 2)Roads into this area were built to access the lots and names were unofficially assigned. This request is to change Choke Cherry Road to Wildcat Road to avoid a duplication with another road in the Loveland area and to name the other roads Stag Hollow Road, Gold Mine Road and Eagle View Road; 3)The County Health and Engineering Departments and other affected agencies have reviewed the proposed road names and stated no objections.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Namaqua Hills Lot 33 Easement Vacation (#95-SA0679; Sedona Hills Street Name Change (#95-OS0682); Bainbridge Court Right-of-Way Vacation (#95-OS0662); Spring Gulch Ranch Estates 3rd Filing Easement Vacation (#95-SA0659); Windstar Road Street Name Change (#95-OS0658); and Choke Cherry Street Name Change (#95-OS0666).

Motion carried 3 - 0.

7. FOSSIL CREEK COMMERCIAL PARK PRELIMINARY PLAT

EXTENSION (#S-17-83): SW 15-06-68, LOCATED NORTH OF

COUNTY ROAD 32 AND WEST OF INTERSTATE 25; 20.68 ACRES;

C-COMMERCIAL ZONING (05-15-95).

This is a request to extend the Preliminary Plat approval for the Fossil Creek Commercial Park. Staff Findings include: 1)The C-Commercial zoning of this site was approved in 1969; 2)A preliminary plat for the commercial lots was approved for this site in 1981; 3)Previous extensions for the preliminary plat approval resulted in additional conditions that require development of the site as a Planned Unit Development with appropriate landscaping and sensitivity to the wetlands and visibility of the site; 4)The commercial development of this site does not appear to be in conflict with the Plan for the Region Between Fort Collins and Loveland. Mr. Kadera addressed the Board regarding this request for an extension, giving a brief history of the previous extensions and the conditions involved.

The Staff recommendation is for approval of the extension of the preliminary plat approval for Fossil Creek Commercial Park with all previous conditions of approval. Any development of the site shall be subject to a Planned Unit Development that will be reviewed by the Planning Commission and all appropriate referral agencies.

M O T I O N

Commissioner Clarke moved that the Board approve the extension of the preliminary plat approval for Fossil Creek Commercial Park with all previous conditions of approval which will expire May 15, 1996.

Motion carried 3 - 0.

8. GARRISON VIOLATION UPDATE; 2712 WEST MULBERRY;

(05-15-95).

Mr. Pedas addressed the Board regarding the Garrison Violation, giving a history of the complaint and requesting the Board not to take any action. Mr. Pedas noted that a zoning violation does not exist and that the property owner has been cooperative in cleaning up the unsightly outside storage, vehicles, etc. Chair Disney opened up the meeting to the public for testimony. None was given. Mr. Barnett emphasized once again this was not a zoning violation and that no action was needed.

9. BERTHOUD LAKE RANCHETTES (#92-SU0128): NW 1/4 OF 11-04-69,

AT THE NORTHEAST CORNER OF COUNTY ROAD 17 AND COUNTY

ROAD 13E, SOUTHWEST OF BERTHOUD RESERVOIR; 75.74 ACRES;

R-RESIDENTIAL ZONING (05-15-95).

Berthoud Lake Ranchettes received preliminary plat approval in November 1992 from the Board. It was determined that certain issues concerning drainage and sanitary sewer needed to be worked out between the Town of Berthoud and the applicant. Part of this site drains toward Berthoud Reservoir which is the Town's drinking water supply. Last October the applicant appeared before the Board of County Commissioners seeking approval of the final plat for this project. The applicant was informed that without the Town of Berthoud's approval the final plat could not be approved by the County. The applicant, Mr. Sparks, contends that the letter he received from the Muller Engineering Company constitutes approval of the final plans for this project. The Town of Berthoud is of the opinion that the final plans are not ready to be approved.

The County Engineering Staff has reviewed the final construction plans for this project and indicates that they meet the minimum standards required by County regulations. The Engineering Staff does not wish to place the entire burden on the Town of Berthoud, acknowledging that if there is any concern about the protection of the drinking water supply for the Town, this concern must be thoroughly addressed by the applicant before the County can approve a final plat. The applicant believes he has the Town's approval, but the Town has not signed the construction drawings. This meeting is to give the applicant an opportunity to make his case to the Board to obtain final plat approval, as well as allow the Town of Berthoud to clarify their position.

Mr. Burns addressed the drainage aspects of the project from the County regulations standpoint, noting that the County regulations do not address drinking water quality of stormwater run-off. Commissioner Clarke inquired if there is another development where stormwater drainage goes into a drinking water source. Mr. Burns responded that all the lots around Horsetooth Reservoir eventually drain into Horsetooth Reservoir, which is a drinking water supply for the City of Fort Collins.

At this time Chair Disney opened the meeting to public input. Mr. Chilson, attorney for the applicant, approached the podium to review the history of this project, state his client's current understanding of the situation and request the Board to approve the final plat for the Berthoud Lake Ranchettes.

Ms. Lenahan, the Town of Berthoud Administrator, approached the podium to read a letter from the Town of Berthoud's Board of Trustees, re-affirming their position that all stormwater drainage must be diverted around the reservoir. Mr. Laiho, Project Manager with Muller Engineering Company, Inc. addressed the issues before the Board, emphasizing that the stormwater drainage situation is not resolved and that the final resolution does not include a plan to re-route the stormwater run-off away from the Berthoud's drinking supply. Mr. Laiho also stated that the technical issues have been met, whereas the assurance that a workable solution to this stormwater run-off problem will be built and maintained is the heart of the Town of Berthoud's concerns.

Discussion ensued regarding the road, turn lanes and when they would be completed relative to the entire project. Ms. Kay Carter of 620 West County Road 10E expressed her concerns relative to the safety factors on the roads surrounding the proposed development.

Much discussion ensued with respect to whether or not stormwater run-off from the proposed development has been adequately addressed.

At this time, Mr. Chilson was given the opportunity to rebut the testimony given by Ms. Lenahan and Mr. Laiho. Mr. Chilson stated that the protective covenants, as submitted to Ms. Lenahan adequately address the concerns raised by Ms. Lenahan and Mr. Laiho.

Much discussion followed regarding variances, road issues, and the re-routing of stormwater run-off around the Town of Berthoud's drinking water supply.

M O T I O N

Commissioner Clarke moved that the Board table the Berthoud Lake Ranchettes final plat until August 28, 1995 to allow time for the developer and the Town of Berthoud to address the numerous unresolved issues.

Motion carried 3 - 0.

Meeting adjourned 11:00 a.m.

TUESDAY, MAY 16, 1995

PUBLIC WORKS STANDING MEETING

(#285)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioner Clarke was present. Commissioner Duvall was absent. Also present were: Dick Anderson, Facilities Manager; and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Welcome Signs: Mr. Thompson, Holnam Cement Representative, reported to the Board information and attitudes he encountered regarding the placement of welcome signs on various roads into Larimer County. Discussion followed with respect to the number of signs necessary, where they are to be placed, the amount and type of equipment needed to build these signs, and the organization required to accomplish construction of these signs. Chair Disney suggested to use rocks dislodged by the Big Thompson flood instead of quarrying for the rock. In response to Mr. Lancaster's suggestion, Mr. Thompson will check with the Sheriff's office to inquire if there is skilled labor in the jail that may be used to build these signs to help keep the labor costs low. Chair Disney and Commissioner Clarke expressed their appreciation to Mr. Thompson for taking charge of this project.

2. Emergency Management Services Building Contract: Mr. Anderson came before the Board requesting their signature on the contract to build the new Emergency Management Services Building. As part of his presentation, Mr. Anderson reviewed the project by showing the plans for the new building and inviting questions from the Commissioners. Much discussion followed regarding the various aspects of constructing this building. Mr. Anderson stated he has been coordinating the construction and re-location of the Emergency Management Services Department with Mr. Nelson and Mr. Nielsen. The meeting continued with respect to the new site including a discussion of the flood plain, wiring for telephones and computers. Chair Disney and Commissioner Clarke suggested that Mr. Anderson utilize County Staff where possible to contain costs. Mr. Anderson noted that the contract had been reviewed by Ms. Haag, Assistant County Attorney.

M O T I O N

Commissioner Clarke moved that the Board approve the contract to build the new Emergency Management Services building and authorize the Chair to sign same.

Motion carried 2 - 0.

3. Pole Hill Road: Mr. Smith addressed the Board briefly reviewing the history of the Pole Hill Road and the gate leading to the road. Mr. Smith noted that there has been much controversy surrounding this road, as well as detail the current status of this road. Much discussion followed regarding the care and ownership of the road, agreements with the homeowners association, and public accessibility. Mr. Smith is requesting that the Commissioners increase the annual grant of $1000 to the homeowners association to facilitate care of Pole Hill Road. THE CONSENSUS OF THE BOARD was to deny this request. Chair Disney stated that once the issue of accessibility is finalized they may re-visit this issue.

Chair Disney requested that Mr. Smith compose a letter to be submitted to the Colorado Department of Transportation requesting they lower the speed limit on Highway 34 at the Rocky Mountain National Park entrance to minimize animal/vehicle encounters. Mr. Smith will compile a letter for the Commissioners to review.

Mr. Anderson submitted the plans for the Larimer County and Thompson R-2J School District building. Discussion followed with respect to the offices that will be housed in this new building, when this project is to begin and it's estimated completion date.

The meeting adjourned at 10:30 a.m.

PUBLIC HEARING REGARDING APROVAL OF BOND RESOLUTION

FOR ULTIMATE SUPPORT SYSTEMS

(#286 @ 285)

The Board of County Commissioners reconvened at 10:30 a.m. for a Public Hearing regarding the approval of two Bond Resolutions for Ultimate Support Systems, Inc. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Bob Grewell, Director of Finance; David Dwyer, Bond Counsel; and George Hass, County Attorney. Recording Clerk, S. Graves.

Chair Disney stated that the purpose of today's hearing is for the Board to consider approving two proposed issuances of Industrial Development Revenue Refunding Bonds for the Ultimate Support Systems, Inc. Project in Larimer County, Colorado in the amount of $1,200,000 (Series 1995 A) and $600,000 (Series 1995B).

Chair Disney requested the applicant to describe the project and noted for the record that proper notice of today's hearing has been provided for the public for the purpose of allowing any interested persons to offer comments or questions about the proposed issuance of the Bonds. Mr. Dwyer described the project and noted that the $1,200,000 Series 1995A Bonds will be used to refund two prior bond issues from 1979 and 1984 to enable the company to reduce their borrowing costs and the $600,000 Series 1995B Bonds will be used to renovate the existing manufacturing facility and buy additional equipment. Mr. Dwyer requested the Board to approve the two resolutions and to authorize the Chair to sign the documents.

As requested by Commissioner Duvall, Mr. Grewell reviewed the background of the project in more detail to apprise the press attending today's hearing and gave his recommendation that the Board approve the two resolutions. It was noted that no county funds are being used for this project, the county is merely the pass-thru or conduit for the money.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt a Resolution authorizing the issuance and sale of County of Larimer, Colorado, Adjustable Rate Industrial Development Revenue Refunding Bonds, Series 1995A (The Ultimate Support Systems, Inc. Project) in the principal amount of $1,200,000 for the purpose of loaning funds to Ultimate Support Systems, Inc. to refund the $1,200,000 Larimer County, Colorado Industrial Development Revenue Bonds (Industrial Properties International, Inc. Project) Series 1979, and the $1,100,000 Larimer County, Colorado Industrial Development Revenue Bonds (The Ultimate Support Systems, Inc. Project) Series 1984; authorizing the execution and delivery of a Trust Indenture from the County to Bank One, Colorado, NA, as Trustee, authorizing the execution and delivery of a Loan Agreement between the County and Ultimate Support Systems, Inc. and the Assignment by the County to the Trustee of its interest in the Loan Agreements and related Promissory Note, authorizing the execution and delivery of a Bond Placement Agareement among Ultimate Support Systems, Inc., Larimer County and Bank One, Columbus, NA, as Placement Agent; and authorizing the preparation and execution of certain related documents and instruments, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-58g RESOLUTION AUTHORIZING THE ISSUANCE OF LARIMER

COUNTY ADJUSTABLE RATE INDUSTRIAL DEVELOPMENT

REVENUE REFUNDING BONDS, SERIES 1995A, FOR THE

ULTIMATE SUPPORT SYSTEMS, INC. PROJECT IN THE

PRINCIPAL AMOUNT OF $1,200,000.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt a Resolution authorizing the issuance and sale of County of Larimer, Colorado, Adjustable Rate Industrial Development Revenue Bonds, Series 1995B (The Ultimate Support Systems, Inc. Project) in the principal amount of $600,000 for the purpose of loaning funds to Ultimate Support Systems, Inc. to finance improvements relating to developing, improving, renovating, installing and equipping an existing manufacturing facility in Larimer County, Colorado; authorizing the execution and delivery of a Trust Indenture from the County to Bank One, Colorado, NA as Trustee; authorizing the execution and delivery of a Loan Agreement between the County and Ultimate Support Systems, Inc. and the Assignment by the County to the Trustee of its interest in the Loan Agreements and related Promissory Note; authorizing the execution and delivery of a Bond Placement Agreement among Ultimate Support Systems, Inc., Larimer County and Bank One, Columbus, NA, as Placement Agent; and authorizing the preparation and execution of certain related documents and instruments, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-59g RESOLUTION AUTHORIZING THE ISSUANCE OF LARIMER

COUNTY ADJUSTABLE RATE INDUSTRIAL DEVELOPMENT

REVENUE BONDS, SERIES 1995B, FOR THE ULTIMATE

SUPPORT SYSTEMS, INC. PROJECT IN THE PRINCIPAL

AMOUNT OF $600,000.

Mr. Grewell informed the Board that a pre-closing meeting regarding this matter will be held on June 20, 1995 for the signing of all the final documents.




M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 10:50 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 12:00 noon; no action taken.

PRESENTATION OF FINANCIAL MANAGEMENT SYSTEM STUDY

(#287)

The Board of County Commissioners reconvened at 3:00 p.m. for a presentation of the results from the Financial Management System Study. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Bob Grewell, Director of Finance; Diana Morton, Supervisor Accounting Operations; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Introductions: Mr. Grewell expressed appreciation to the co-project managers Diana Morton and Bob Keister, the members of the steering committee, focus group and team members, and to the Deloitte & Touche representatives who all worked diligently on the Financial Management System Study.

2. Current Financial Management System (FMS): Ms. Morton thanked the Board for authorizing the study and noted, as the person responsible for operating and maintaining the current financial system, that the current system does not have the capacity to provide the financial information that the departments need and want. Mr. Keister acknowledged it was a privilege to work on this project and it represents a ground breaking in a new way of the county doing business, which includes grass-roots participation by all the departments and working with officials and representatives from all the departments to arrive at reasonable solutions and possible alternatives. Mr. Keister stated that the current county financial system is old and he noted it takes 75 full-time people just to pay the bills and record where the money is spent--the system is over-burdened; he stated that fixing the current system is out of the question.

Presentation of Results: Kevin Anderson of Deloitte & Touche presented in detail the Larimer County Financial Management System Needs Assessment and Alternative Analysis. Mr. Anderson described the project scope and objectives and compared the current FMS strengths and weaknesses with the new modern system; he reviewed the costs, noting that the total annual cost of financial management in the county exceeds $3.57 million, with the largest percentage of this cost of $3.3 million is for labor and the most time-consuming task being document preparation. Mr. Anderson provided an analysis and evaluation of the alternatives and reviewed the implementation plan. In summary, Mr. Anderson stated that as a result of this study the project team recommends that the County replace the current Financial Management System, noting that the projected payback period will be about 5 years.

4. Questions and Answers: In response to several questions from the Board, Mr. Keister provided clarification of some of the charts presented.

5. Next Steps: Mr. Keister stated that the next step in this process is to prepare requests for proposal to ascertain pricing and costs and determine if the new system is affordable and the available resources; he noted the benefits derived for the county will be efficiency and cost savings in the future.

The meeting recessed at 4:20 p.m.

PUBLIC MEETING REGARDING DECISION TO PLACE FACILITIES

PLAN ON THE 1995 NOVEMBER BALLOT

(#287)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing regarding whether the Facilities Plan should be placed on the November 1995 or 1996 ballot. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were Dick Anderson, Facilities Manager, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Chair Disney stated that the purpose of tonight's public hearing is to provide an opportunity for the facilities steering committee to review the facility needs of the county with the Board and to make their recommendation whether or not the facilities plan should be placed on the November 1995 or 1996 ballot and also to receive public input regarding this issue. Chair Disney commended the steering committee, staff and Interplan for all their hard work and many hours devoted to this issue.

Mr. Lancaster informed the Board that several members of both the design and financial teams are here tonight and will provide an overview of the project and discuss financial alternatives. Babs Cornell of Interplan provided the brief overview of the project, noting that they began over one year ago interviewing all the county departments to identify their space needs, future growth needs, and technological changes. From those interviews the total square footage that the county needs for operating today was derived and it was determined they are currently 50,000 square feet short to be functionally efficient. Ms. Cornell stated that Interplan also looked at the projected growth and technological changes and identified the square-footage needs to carry the county ten and twenty years into the future; they confirmed in this initial phase that the county does need to build a new facility. A steering committee was formed to look at different sites; they held planning on-site public meetings and analyzed the suggested sites, came up with site criteria, reached their conclusions, and identified Block 30, combined with Block 31, as the best location for courts and administration, with the Sheriff to be relocated at the Detention Center, and also determined that the Loveland court facility should be expanded. Ms. Cornell noted that on-site planning sessions were also held with the City of Fort Collins to look at their expansion needs in an attempt to integrate their plans into the location of the county buildings.

Financial Consultant Arnie Wray submitted and reviewed three exhibits outlining an analysis of the financial alternatives for the proposed judicial center and administrative facility. He reviewed the background and expertise of the persons doing the analysis and the procedure they followed. The exhibits included a list of ten specific ownership, financing and construction alternatives with public and private sector development and ownership, a proposed timeline, and the cost breakdown of four of the alternatives. Mr. Wray stated that the total capital cost for the proposed facilities is approximately $49.6 million. Architect Jim Bragonier stated that after a thorough study of the current facility, it was determined there is no way to safely circulate and separate the public and county employees from detainees; he noted that the existing courthouse creates a critical situation for a contemporary court operation. In summary, Mr. Bragonier stated that the unanimous recommendation of the advisory committee is for the Board to move forward with the process and seriously consider placing this funding issue on the 1995 ballot and to also authorize additional funding for planning an addition to the Loveland facility.

At this time the hearing was opened for public comments. The following persons addressed the Board all agreeing that the need is critical for more facilities space, but they expressed concern that the issue will not pass if it is placed on the 1995 ballot: Former Commissioner Court Hotchkiss, Chuck Bowling, Jerry Horak, District Attorney Stu VanMeveren, and Mike Hauser. They noted that timing is crucial and currently with the mood of the taxpayers upset about their assessments and with only 5 1/2 months remaining before the 1995 election, there is not enough time to prepare and convince the citizens in Larimer County to support something that is going to cost $50 million. Mr. Bowling stated that this plan has the design and feasibility to become a great start for a vision for downtown Fort Collins but time is needed to form a coalition with the city and the downtown area businesses to solicite their help in convincing the citizens to pass this issue. Mr. Horak stated that this project has not been through the proper public process and the people need to perceive and identify a need before they will support it. Mr. VanMeveren noted that even though a desperate security situation exists in the current courthouse, we are not properly prepared to place this issue on the 95' ballot. Mr. Hauser stated that the process up to this point has been very good, but we need to take the time to continue the process in the correct manner. Al Baccili spoke against ever-increasing taxes and the project; he thinks the former Fort Collins High School building should be used for expansion of the administrative offices.

At this time the public comment portion of the hearing was closed and opened for Commissioners' comments: Commissioner Duvall stated it is obvious the need for additional facilities space is crucial and we need to start immediately to prepare for 96' by going through the public process and having meetings throughout the county and to include Loveland in the vision. Commissioner Clarke expressed concern for everyone who worked so hard on this project committee, but he agrees with Commissioner Duvall that we need to work with the Cities of Fort Collins and Loveland and the people in the private sector to gain support for this issue. Chair Disney noted that if the issue is placed on the 95' ballot and fails, they will have to wait two years before bringing it back to the voters again so he wants to be well prepared before placing it on the ballot. Therefore, CONSENSUS OF THE BOARD was to make their final decision on this matter at 9:30 a.m. during Administrative Matters on May 24, 1995.

The meeting adjourned at 8:25 p.m.

WEDNESDAY, MAY 17, 1995

ADMINISTRATIVE MATTERS

(#288 & #289)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Joni Friedman, Director Employment & Training Services; Myrna Rodenberger, Larimer County Clerk & Recorder; Russ Ragsdale, Deputy Clerk & Recorder; Nancy Lubinski, Supervisor Elections Office; Neil Gluckman, Assistant County Manager; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. DISCUSSION OF SPEAKER LIMITER FOR HEARING ROOM: Responding to the Board's interest in obtaining a speaker limiter, Mr. Lancaster has researched the matter and found a source; however, since Ms. Friedman has had experience with the one owned by the School District, she was asked to report to the Board regarding its effectiveness. Ms. Friedman stated that the positive of the limiter is that it is a visual reminder, but the negative is that the speakers don't follow it; the Chair still has to remind them that their time is up. Commissioner Duvall suggested that possibly in the future the Board could ask a staff member to time the speakers. After discussion, Mr. Lancaster suggested dropping the idea of a speaker limiter because of expense and ineffectiveness; CONSENSUS OF THE BOARD was to agree. Mr. Gluckman suggested that the Board might consider having the Pledge of Allegiance at the beginning of each public hearing to help alleviate the nervousness of the speakers.

2. INFORMATION REGARDING ELECTION '95:

A) Decision for 1995 Election Process: Ms. Rodenberger informed the Board that after much deliberation, the Clerk's Office has decided to conduct a polling place election on November 7, 1995. Ms. Rodenberger stated that this decision was arrived at by looking at special districts and the combination of ballots they will have this Fall and decided that what they have had in place previously has worked very well and has accommodated people with several alternatives ways of voting - they can vote by mail, carry out a ballot, vote early in the office, or vote at the polling place. Ms. Rodenberger noted that the November 1995 election is the beginning of five elections that will take place in one year, three of which are political and are mandated to be polling places. Therefore, rather than confuse people and change ways of voting midstream and having people not know whether to expect a ballot or go to their polling place, this will lessen the confusion.

B) Facilities Needed for 1995 General Election: Mr. Ragsdale stated that because of the increasing popularity of early voting, and in an attempt to accommodate the voters and alleviate the crowded situation created by early voting in the Elections Office, he requested the Board authorize the Facilities Manager to work with the Clerk's Staff to review options for temporary facilities; such as, a modular unit in the parking lot, using the storeroom downstairs, using the community building adjacent to the Loveland Office, etc. to determine square footage and find an adequate facility. Mr. Ragsdale stated it could be done off-site, but it is easier and more convenient for the public if it is at the Courthouse. During the last election, there were 22,000 early voters, plus mail-out ballots (25% of the voters). After discussion, CONSENSUS OF THE BOARD was to approve the request for Mr. Anderson to work with the County Clerk's Staff to find a suitable location to accommodate early voting.

3. Progress Report of Citizen's Election Committee: Mr. Ragsdale provided an update on the progress of the Citizen's Election Committee, noting they have been meeting since February 1995 and they are currently evaluating our system and a cross-section of other systems and will have a report and recommendation for the Board by the end of August of this year.

3. WORKSESSION:

-- Commissioner and Staff Roles for Ag Symposium: Mr. Lancaster stated he has received a note from Bob Hamblem asking about the Board's role with regard to introductions and doing a wrap up at the end of the Ag Symposium. After discussion, it was decided that Chair Disney will open the meeting with brief comments and then all three Commissioners will welcome them and make comments; Commissioner Duvall will provide an overview and Chair Disney will do the wrap up. Mr. Lancaster noted Mr. Hamblem also asked about having recorders at each table; it was decided they will have the facilitator act as recorder and possibly rotate the duty among the participants. As there are two symposiums being planned simultaneously, there is some confusion among the public; therefore, the Board decided to change of name from Ag Symposium to Ag Meeting.

-- Probationary Salary Adjustment for Natural Resources Director: Mr. Lancaster received a letter from Rex Smith, Director of Public Works, regarding a salary increase for Janelle Henderson, Natural Resources Director. Mr. Lancaster reminded the Board that at the time Ms. Henderson's appointment was made, her compensation would be at an entry level dollar amount thereby leaving room for merit increases contingent on satisfactory performance. As Ms. Henderson's performance has been outstanding, Mr. Smith is recommending the Board increase her salary by 5% effective May 1, 1995.

M O T I O N

Commissioner Duvall moved that the Board approve the 5% salary increase for Janelle Henderson, Director of Natural Resources, effective May 1, 1995, as recommended by Mr. Smith, Director of Public Works.

Motion carried 3 - 0.

-- Finance Director Recommendations: Mr. Lancaster submitted two different drafts of the Larimer County Organizational Chart for the Board to review. Much discussion followed and the Board took the following action.

M O T I O N

Commissioner Clarke moved that the Board adopt Draft #1 of the Larimer County Organization Chart, as recommended by Mr. Lancaster.

Motion carried 3 - 0.

-- Recording Framework for Action: Discussion ensued regarding whether or not the Board should proceed with producing a voice recording with the slide show for the Framework for Action. Commissioner Duvall noted that since this idea was conceived last July, much momentum has been lost and the Board has moved onto other avenues for communicating with the public. The Board decided to discuss this subject further in Policy Worksession tomorrow.

-- Items for Next Week's Standing Meetings: The items as listed were approved.

-- Items for Policy Matters Discussion: The Board suggested that the following subjects will be discussed during Policy Worksession tomorrow: 1) Land Use Framework for Action and 2) Procedures for making Policy Decisions.

4. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board.

5. COMMISSIONER REPORTS:

-- Chair Disney reported that Jane Utti has resigned as Colorado Counties, Inc. Front Range District Lobbyist, effective May 31, 1995.

-- Chair Disney asked Mr. Lancaster to check with the Director of Public Works to see if there is a flood response team in Public Works to determine if there are drainage situations in the county that might be contributing to flooding problems.


6. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of May 8, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Schedule for the week of May 22, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following items, as listed on the Consent Agenda for Document Review on May 17, 1995.

MISCELLANEOUS DOCUMENTS: Larimer County Community Corrections Department Amendment to Bylaws; Larimer County Community Corrections Board Amendment to Criteria for Acceptance or Rejection of Offenders; and Fox Acres 2nd Amended Plat, Lots 30 & 70.

LIQUOR LICENSES: A License was issued to Rainbow Plaza - 6% - Loveland, CO., and a Permit was issued to The Scorched Tree Bed and Breakfast - 6% - Bellvue, CO. County Approval was granted to Riverbend Resort - 3.2% - Loveland, CO., and Olympus Motor Lodge - 6% - Estes Park, CO.

A95-54 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 17 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROBERT E. FURST (Project #117)

A95-55 EASEMENT GRANT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND CARROLL G. DERMODY,

SHON P. DERMODY, KELLY DERMODY KLEIN, SHARON K.

DERMODY, AND KAREN A. DERMODY CLEAVER (Utility

Easement on land Larimer County owns in Estes Park)

A95-56 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PORTER INDUSTRIES (Loveland

Office Lease for Program Year '95)

D95-09 QUIT-CLAIM DEED TO BETTY A. BUTLER (Sale and Closing

on Lot 21, Cedar Park Subdivision)

R95-60s RESOLUTION FOR CONVEYANCE BY BOARD OF COUNTY

COMMISSIONERS OF LARIMER COUNTY, COLORADO

(Sale and Closing on Lot 21, Cedar Park Subdivision)

R95-61s FINDINGS AND RESOLUTION DENYING THE PRELIMINARY

PLAT OF MADRID SUBDIVISION

R95-62z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF UPPER LONE PINE MINE

R95-63z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF GORUM-RICKARD

R95-64z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION FOR EXPANSION OF THE LARIMER COUNTY

LANDFILL

R95-65s RESOLUTION VACATING PUBLIC ROAD RIGHT-OF-WAY -

PTARMIGAN SUBDIVISION

Motion carried 3 - 0.

At this time, County Attorney George Hass, Assistant County Attorneys Jeannine Haag and Marla Hehn, and Director of Planning John Barnett joined the meeting for legal matters.

1. Request for Approval of Two Resolutions and Deeds in Cedar Park Subdivision: Ms. Hehn requested Board approval of two Resolutions for Conveyance and Quit-Claim Deeds for Lots 20 and 24 in Cedar Park Subdivision, First Filing.

M O T I O N

Commissioner Clarke moved that the Board approve the two Resolutions for Conveyance and Quit-Claim Deeds for the sale and closing of Lots 20 and 24, Cedar Park Subdivision First Filing, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-66s RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY

COMMISSIONERS OF LARIMER COUNTY FOR SALE OF LOT 20,

CEDAR PARK SUBDIVISION FIRST FILING

R95-67s RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY

COMMISSIONERS OF LARIMER COUNTY FOR SALE OF LOT 24,

CEDAR PARK SUBDIVISION FIRST FILING

D95-10 QUIT-CLAIM DEED TO JOE HANLON FOR SALE OF LOT 20,

CEDAR PARK SUBDIVISION FIRST FILING

D95-11 QUIT-CLAIM DEED TO ROBERT B. COVEY AND VALERIE H.

JENNINGS FOR SALE OF LOT 24, CEDAR PARK SUBDIVISION

FIRST FILING

2. Discussion of Ownership of Bingham Hill Cemetery: The County has been requested to issue a Quit-Claim Deed to clarify the ownership of the Bingham Hill Cemetery so the access problem can be resolved. Commissioner Duvall noted that the Pioneer Historical Society is willing to assume ownership, but first the County needs to provide a Quit-Claim Deed. Mr. Hass indicated this should not be a problem, but a survey will need to be completed first.

3. Request for Permission to Prohibit Discharge of Firearms: In response to a letter received from an individual concerned about his neighbor firing shots in his backyard, Mr. Lancaster requested Mr. Hass to provide the Board with information about passing a resolution to prohibit the discharge of firearms in certain locations. Mr. Hass noted that the Board does have the authority to pass such a resolution and the only requirement is that the area chosen for that regulation has to have a population density of not less than 100 persons per square mile. Mr. Lancaster will inform the concerned individual to have the other neighbors call the Commissioners to complain about the shooting and submit a request from the neighborhood. Mr. Hass stated that if a resolution is passed, then it will be a misdeamor to shoot firearms in the designated location.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 11:30 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Executive Session adjourned at 12:30 p.m.; no action taken.

THURSDAY, MAY 18, 1995

The Board of County Commissioners met at 9:30 a.m. for the Board to authorize the Chair to sign an Amended Plat in the Ptarmigan Subdivision when the correct mylar is presented for signage.

M O T I O N

Commissioner Duvall moved that the Board authorize the Chair to sign the Amended Plat for Lots 8 & 9, Block 6 & 7 of the Amended Plat of Lots 6 & 7 of Block 6 and Lots 10 and 11 of Block 4, Ptarmigan Subdivision First Filing.

Motion carried 3 - 0.

The meeting recessed at 9:35 a.m.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


________________________________________

Sherry E. Graves, Deputy County Clerk


________________________________________

Aimee Jensen, Deputy County Clerk

May 16, 1995