County Offices, Courts and Landfill will be closed on Monday, July 4 for the Independence Day Holiday. Critical services at Larimer County are not disrupted by closures.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS TUESDAY, JANUARY 19, 1993 MEETING TO DISCUSS OPEN MEETING ISSUES (#132 @ 350) The Board of County Commissioners met at 9:30 a.m. in regular session with George Hass, County Attorney. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present was Bill Gordon, County Administrator. Recording Clerk, S. Graves. The Board congratulated the Larimer County Assessor, Steve Miller, for being chosen "Assessor of the Year" by the Colorado Assessor's Association. After reviewing the Open Meetings Law, S24-6-401 C.R.S., Mr. Hass noted that the definition of a "meeting" is any kind of gathering convened to discuss public business" and full and timely notice to the public must be given of such meetings. Further, the Colorado Sunshine Law states that "public policy is public business and may not be conducted in secret". But, when the Board is together for a purpose other than conducting public business; i.e., carpooling, etc., the incidental discussion of a public issue will not offend the Open Meetings Law. However, Mr. Hass stated that the legislative declaration for open meetings is directed to the formation of policy, not to the performance of administrative functions. The Statute further states that the administrative staff of local public bodies are excluded from the Open Meetings Law. Since the Board of County Commissioners performs policy making and administrative functions, application of the law to all Commissioner actions becomes ambiguous. Therefore, Mr. Hass recommended the Board exercise caution when determining if a meeting should be conducted in open or closed executive session. Executive sessions and their purpose must be announced. The general subjects of Executive Sessions include: Discussions about acquisition or sale of property, attorney conferences about specific legal issues, determining and developing negotiating strategy, personnel matters, and consideration of matters or documents required to be kept confidential by other laws. No final action can be taken in an Executive Session. Further discussion continued regarding the Board's position with the IGA (Intergovernmental Agreement) with the City of Loveland and the proposed Water Park in Loveland. Mr. Hass stated that Larimer County and the City of Loveland must be in agreement on decisions involving an area within the IGA. It was generally agreed among the Board members that the IGA should be reconsidered and possibly amended to allow the County to have more input concerning an area about to be annexed if an impact on adjacent property owners will be realized. Mr. Hass submitted written documentation to Commissioner Duvall stating it is appropriate for Ms. Duvall's husband to remain on the Board of the LaPorte Area Advisory Committee, as queried by Commissioner Duvall last week. The meeting recessed at 10:50 a.m. BRIEFING ON URBAN DISTRICT MEETING (#13) The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Recording Clerk, S. Graves. Commissioners Disney and Duvall briefed Chairman Hotchkiss on the Urban District Meeting they attended last week. Commissioner Disney reported that a key contact Commissioner is to be selected from each County within the Urban District to participate in conference calls and to provide a quick response establishing the viewpoint of the majority of the Board and the County's position on any particular subject. To achieve this, electronic voting or FAX will be utilized. The possibility of joining County Link was discussed and Mr. Gordon will determine what the cost would be to join. After discussion, Chairman Hotchkiss appointed Commissioner Duvall to be the key contact Commissioner and Commissioner Disney will act as proxy in her absence. Other items presented at the Urban District Meeting were also discussed. M O T I O N Commissioner Duvall moved that the Board of County Commissioners dissolve into the Board of Social Services for a meeting with Doug Keasling, Director of Social Services. Motion carried 3 - 0. The meeting recessed at 2:00 p.m. PUBLIC WORKS STANDING MEETING (#13 @ 1365) The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Rex Smith, Director of Public Works. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Elaine Spencer, Director of General Engineering Services; John Barnett, Director of Planning; Russ Legg, Development Processing Administrator; Judy Wade, Resident Prairie Divide Road; and Bill Gordon, County Administrator. Recording Clerk, S. Graves. 1. REQUEST FOR WINTER MAINTENANCE ON COUNTY ROAD 179: Ms. Wade requested snow removal for a two-mile section of County Road 179 off Cherokee Park Road onto Prairie Divide Road up to the Elk Meadows Road Association portion of the road. Mr. Smith noted that since the early 1980's, this road has been signed "Larimer County is not responsible for winter maintenance of this road". After considerable discussion, CONSENSUS OF THE BOARD was to deny this request for snow removal on County Road 179. 2. UPDATE ON COUNTY ROAD 9 NORTH OF U.S. 34: Mr. Smith provided the background information on County Road 9 noting that in 1986 the City of Loveland asked Larimer County to share in the cost of designing improvements for County Road 9. Larimer County agreed, the improvements were designed, and money set aside. Subsequently, as this area was up for annexation, the money designated for County Road 9 was used to improve Wilson Avenue. Mr. Smith stated that the developer will do the road improvements from Highway 34 past the Water Park, and everything north of Boyd Lake is in the City of Loveland. There is a 56-acre stretch of County Road 9 which does not have a proposed use at this time and, therefore, no road improvements scheduled. The County residents in this area are concerned about the increased traffic impact. Mr. Smith noted that development in this 56-acre stretch will soon alleviate their concerns. A traffic impact study of the area was taken and Ms. Spencer stated that presently there are 1500 car trips per day on County Road 9 and it is expected the water park will only create an additional 40 trips per day, and will not create a significant impact. Mr. Barnett presented a letter containing the findings and comments of the Larimer County Planning Staff regarding the proposed water park and its impact on County Road 9; this letter to be presented at the Loveland City Council Meeting tonight. Mr. Barnett requested Board approval and the Chairman's signature. Commissioner Duvall expressed concern that the County residents north of this proposed water park are not being heard and recommended this matter be reviewed by the Larimer County Planning Commission to afford the residents an opportunity to have their concerns heard and addressed. To accommodate this suggestion, it would be necessary for the Loveland City Council to postpone their meeting scheduled for tonight. Commissioner Disney was not comfortable with this suggestion, as he felt the residents' concerns were addressed and heard at the last four-hour City Council Meeting. Chairman Hotchkiss agreed with Commissioner Disney, but indicated that in the future the County intends to review the Intergovernmental Agreement and be more involved in decisions regarding annexation and proposed development. The letter presented by Mr. Barnett for Board approval was amended and an extra paragraph added stating the Board has not examined in detail any issues associated with the water park other than the potential impacts on County Road 9, and the Board appreciates the City Council's willingness to encourage County residents to participate in the public hearing process. The meeting adjourned at 4:20 p.m. WEDNESDAY, JANUARY 20, 1993 ADMINISTRATIVE MATTERS (#21) The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Ralph Jacobs, Director of Personnel; and Patsi Maroney, Compensation and Benefits Specialist. Recording Clerk, S. Graves. 1. REQUEST FOR APPROVAL AND SIGNATURE ON THE 1993 RENEWAL FOR TAKECARE COLORADO AND THE 1993 RENEWAL FOR THE CASE MANAGEMENT/PREADMISSION CERTIFICATION PROGRAM WITH BYERLY & COMPANY: Mr. Jacobs requested Board approval and the Chairman's signature on two documents and noted that the TakeCare Colorado renewal reflects a 7.39% rate increase and the Case Management/Pre-Admission Certification Contract renewal reflects a 6.06% rate increase for 1993. Both documents have been "approved as to form" by Marla Hehn, Assistant County Attorney. It was suggested that the Case Management/Preadmission Certification Contracts be put out for bid next year. M O T I O N Commissioner Disney moved that the Board approve and the Chairman sign the 1993 Renewal for TakeCare Colorado and the Agreement Concerning Case Management and Pre-Admission Certification Program with Byerly and Company. Motion carried 3 - 0. A93-13 AGREEMENT CONCERNING CASE MANAGEMENT AND PRE-ADMISSION CERTIFICATION PROGRAM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BYERLY AND COMPANY, INC. 2. APPOINTMENTS TO THE EXTENSION ADVISORY COMMITTEE: The Extension Advisory Committee has recommended that Jean Thomas and Rita Bennett be appointed to the Extension Advisory Committee for three-year terms to fill two existing vacancies. M O TI O N Commissioner Disney moved that the Board appoint Jean Thomas and Rita Bennett to the Extension Advisory Committee for three-year terms beginning January 1, 1993 and ending December 31, 1995. Motion carried 3 - 0. 3. REAPPOINTMENT TO THE COMMUNITY ACTION BOARD: M O T I O N Commissioner Disney moved that the Board reappoint Gary Carnes to the Community Action Board for a three-year term from January 1, 1993 until December 31, 1995. Motion carried 3 - 0. 4. REAPPOINTMENTS TO THE HOUSING ADVISORY BOARD: M O T I O N Commissioner Disney moved that the Board make the following reappointments to the Housing Advisory Board: Chris Zell for a one-year term ending December 31, 1993; Vern Sunset and Gary Hageman for a two-year term ending December 31, 1994; and Dick Strachan and Connie Ludwig for three-year terms ending December 31, 1995. Motion carried 3 - 0. 5. WORKSESSION: -- ISTEA WORKSHOP IN DENVER FEBRUARY 8 & 9, 1993: The ISTEA (Intermodal Surface Transportation Efficiency Act) Workshop in Denver on February 8 & 9 begins at 7:30 a.m. and Commissioners Disney and Duvall plan to attend. As the regular land-use matters meeting is scheduled for February 8, and two Commissioners are required to attend, Commissioner Duvall will go to Denver early and Commissioner Disney will follow after the regularly scheduled land-use matters meeting. -- THREE INVITATIONS ON FEBRUARY 19, 1993: Mr. Gordon noted that the Commissioners have three invitations for February 19, 1993: North American Free Trade Agreement Meeting in Denver hosted by Governor Romer; ISTEA Transportation and Planning for Livable Communities in Boulder for two days; and a Glacier View Meadows Meeting. Mr. Gordon will prepare a memo containing more information about the invitations to facilitate the Board in deciding which meeting to attend. -- REQUEST FOR APPROVAL OF BY-LAW CHANGES FOR COMMUNITY ACTION BOARD: Ms. Rena Mackrill, Human Development Director, submitted eight proposed by-law changes for the Community Action Board and requested Board approval and the Chairman's signature. M O T I O N Commissioner Disney moved that the Board approve the eight by-law changes for the Community Action Board, as recommended by Ms. Mackrill, and authorized the Chairman to sign same. Motion carried 3 - 0. -- NOTE OF CONGRATULATIONS TO BILL KAUFMAN: CONSENSUS OF THE BOARD was to send a note of congratulations to Bill Kaufman on his appointment to Representative for House District 51. -- LOVELAND WATER PARK APPROVAL: Commissioner Disney reported that the Loveland Water Park at Highway 34 & County Road 9 was approved by the Loveland City Council Meeting last night by a vote of 8 - 0. 6. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board: MINUTES/AGENDA M O T I O N Commissioner Duvall moved that the Board approve the Minutes for the week of January 11, 1993, and the Agenda for the week of January 25, 1993, as submitted. Motion carried 3 - 0. M O T I O N Commissioner Duvall moved that the Board approve the Brekke Minor Residential Development Plat. Motion carried 3 - 0. LIQUOR LICENSES: County Approval was granted to Sundance Steak House & Country Club - 6% - Fort Collins, CO. M O T I O N Commissioner Duvall moved that the Board approve the following document: A93-14 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JERALD R. BREKKE FOR THE BREKKE MINOR RESIDENTIAL DEVELOPMENT Motion carried 3 - 0. The meeting adjourned at 10:30 a.m. ___________________________________ COURTLYN W. HOTCHKISS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS S E A L ) ATTEST: _____________________________________ Sherry E. Graves, Deputy County Clerk