PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 2, 1998

MEETING REGARDING STAFFING NEEDS FOR EXPANSION OF DETENTION CENTER

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The Board of County Commissioners met at 2:30 p.m. in regular session with Sheriff Richard Shockley. Chair Olson presided and Commissioner Disney was present; Commissioner Clarke was in Denver today attending a Legislative session. Also present were Undersheriff John Kammerzell and County Manager Frank Lancaster. Recording Clerk, S. Graves.

Chair Olson stated that the purpose of today's meeting with the Board is to formalize policy regarding staffing needs during construction for expansion of the Detention Center. The Sheriff stated that he requested that a understanding be reached, based on the information presented to the Board when they toured the Detention Center on January 29, 1998, to allow Undersheriff Kammerzell and Mr. Lancaster to work together and decide when staff will be hired, as needed, unless a situation arises out of the ordinary, which then should be brought to the Board for approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the County Manager and the Undersheriff to approve staffing positions for expansion of the Detention Center as needed and as outlined in the staffing document proposed by the Sheriff, and authorize Mr. Lancaster to notify the Human Resources Department of those positions at the appropriate time; any deviations from what is outlined in the staffing document, must be approved by the Board of County Commissioners.

Motion carried 3 - 0.

Sheriff Shockley reaffirmed that this action authorizes them to proceed with the process of hiring 26 full-time employees at this time and at such time that subsequent employees need to be hired, that determination will be made by Undersheriff Kammerzell and Mr. Lancaster for a total of 83 employees and anything outside of those perimeters must come back to the Board for approval.

The meeting recessed at 2:40 p.m.

LAND-USE PLANNING MEETING

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The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present; as noted previously, Commissioner Clarke was in Denver today. Also present were: Dan Tasman and Richael Michels, Planners II; Al Kadera, Subdivision Administrator; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Tasman requested the Board to table the Piney Knolls Subdivision Right-of-Way Vacation until February 17, 1998 to allow time for Planning and Engineering staff to visit the site and assess the situation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Piney Knolls Subdivision Right-of-Way Vacation (#97-0S1159) until February 17, 1998, as requested.

Motion carried 3 - 0.

Chair Olson 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. MILLER-BOYD SUBDIVISION, LOTS 13-16, BLOCK 2 AMENDED PLAT

(#98-SA1177): 13-05-69 - 790 NORTH TAYLOR AVENUE; .34 ACRES;

B-BUSINESS ZONING

This is a request to combine four existing lots into one building site. Staff findings include: 1) Miller-Boyd Subdivision was platted in 1905; 2) The lots are 25 feet wide which makes it difficult to accommodate a single family dwelling and any accessory outbuildings on the same lot; 3) Combining four lots into a single building site will permit better use of the site and allow the applicant to build a detached garage as an accessory building to the existing single family dwelling. The staff recommendation is for approval of the Amended Plat of Lots 13-16, Block 2, Miller-Boyd Subdivision, with the condition that the applicant provide a revised plat within six months of this approval.

2. LAPORTE PLAZA PUD SIA TIME EXTENSION (#92-MS0029): SE 1/4 OF

29-08-69 - WEST OF THE INTERSECTION OF COUNTY ROAD 54G AND

COUNTY ROAD 52, ON THE SOUTH SIDE OF COUNTY ROAD 54G;

3.18 ACRES; 1 LOT; 32 LOTS; M-MULTI FAMILY ZONING

This is a request to extend the deadline for completion of off-site improvements associated with the LaPorte Plaza PUD as required by the SIA from October 1997 to June 1998. Staff findings are: 1) The LaPorte Plaza PUD was approved in June 1997 and an SIA executed on June 10, 1997. The deadline established in the SIA for completion of the paving of County Road 52 was October 15, 1997; 2) The applicant needs additional time to complete the required improvements and does not want the SIA to go into default; 3) The approval of this extension will not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the request to extend the term of the SIA for the LaPorte Plaza PUD, with the following conditions: 1) Improvement of County Road 52 shall be completed with the work approved by the County Engineering Department by June 30, 1998; 2) No further extensions of this deadline will be granted.

3. EAGLE LAKE SUBDIVISION 1ST FILING, LOT 14, AND 6TH FILING,

LOT 65, AMENDED PLAT (#97-SA1173): NE 1/4 - 23-08-69 - 120 EAGLE

LAKE DRIVE IN EAGLE LAKE SUBDIVISION; 6.02 ACRES; FA-FARMING

ZONING

This is a request to adjust the boundary line between two lots. Staff findings include: 1) Eagle Lake 1st Subdivision was recorded in 1991; 2) Eagle Lake 6th Subdivision was recorded in 1996; 3) This boundary adjustment plat amendment does not affect the subdivision or lots in any material way and does not alter the conditions of approval of either filing. The staff recommendation is for approval of the Amended Plat of Eagle Lake Subdivision 1st Filing, Lot 14 and Eagle Lake Subdivision 6th Filing, Lot 65, subject to the original conditions of approval and findings of those subdivisions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Miller-Boyd Subdivision, Lots 13-16, Block 2 Amended Plat (#98-SA1177); LaPorte Plaza PUD SIA Time Extension (#92-MS0029); and the Eagle Lake Subdivision 1st Filing, Lot 14 and 6th Filing, Lot 65 Amended Plat (#97-SA1183); each, with the conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 3:10 p.m.

TUESDAY, FEBRUARY 3, 1998

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Brice Miller, Chief Building Official, and Gayle Morgan, Planning Department Staff Services Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Christine Brenckle discussed the Citizen's Review Panel which is being formed to hear grievances filed against County employees by parents involved in child abuse or neglect cases; she stated that, in her opinion, it is not appropriate for William Baird, Director Larimer County Child Welfare, to be on this panel. Chair Olson asked if she wanted to file a complaint before the panel or does she want to be on the panel? Ms. Brenchke asked about the process for being on the panel; she stated that she doesn't think the panel should be comprised of in-house employees. Chair Olson stated that the list of members to serve on this panel was sent to them for review and they sent it back with suggestions that there be more of a mix of panel members. Commissioner Disney stated that the panel is to be made up of child protection teams from Fort Collins, Loveland and Estes Park. Ms. Brenckle stated that it sounds like a very biased panel to her; Commissioner Disney asked how she would change it. Ms. Brenckle responded that there should be some activists in the community on the panel, not people employed by Social Services or the County. Ms. Brenchke stated that she has called Mr. Baird several times, but he has not returned her calls. The Board stated that they will find out exactly who is on this Citizens Review Panel and let her know and they will ask Kathy Snell, Director of Health and Human Services, to call her and tell her how to go about becoming a member on this panel.

2. APPROVAL OF MINUTES FOR WEEK OF JANUARY 26, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 26, 1998, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 9, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of February 9, 1998, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on February 3, 1998:

MISCELLANEOUS DOCUMENTS: Letters of Support for GOCO Grant Applications; Tiley Minor Land Division Plat; Fourth Quarter Report for 1997 and 1997 Annual Report.

LIQUOR LICENSES: County approval for renewal of licenses was granted to: A Hunt Club - 6% - Fort Collins, CO.; Drink-N-Dawg - 6% - LaPorte, CO.; and South Taft Liquor - 6% - Fort Collins, CO. Licenses were issued to: Windjammer Liquors - 6% - Loveland, CO. and Fort Collins Plaza Inn - 6% - Fort Collins, CO.

A98-11 AGREEMENT FOR SUPPLY OF HOT POUR RUBBERIZED CRACK

FILLER BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND PAVING MAINTENANCE SUPPLY, INC.

A98-12 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ZARAS, INC. (1629 Blue Spruce Drive)

C98-06 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, COLORADO

DEPARTMENT OF TRANSPORTATION (Reimbursement of FHWA

Funds for Emergency Flood Repair)

Motion carried 2 - 0.

5. PROPOSAL TO ADD TEMPORARY POSITION IN THE BUILDING DEPARTMENT: Mr. Miller requested Board approval to hire a temporary FTE as a Secretary II for the Building Department; he noted that funds for this position will come from the Building Department's approved 1998 budget. Mr. Miller stated that over the past two years, the Building Department has been using temporary agencies to supply secretarial services to the code enforcement section; however, in March 1997, the hours for this position began increasing due to workload and for the past five months this position has worked full time. Ms. Morgan stated that the Building Department will save approximately $2,000 in 1998 if this temporary FTE position is approved. Mr. Miller continued that during the 1999 budget process, and depending upon building growth/decline in the area, this position will be re-evaluated for regular status. Mr. Lancaster noted that Board approval is not required to hire a temporary FTE, but Board approval for a waiver of policy is required if the temporary is to be employed for more than six months; he also noted that Board approval is required to move monies for this temporary employee from the operating budget to personnel.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve adding a new temporary FTE position for a Secretary II in the Building Department for 1998, as requested; monies for this position will be transferred from their operating budget to the personnel budget.

Motion carried 2 - 0.

6. INTERGOVERNMENTAL AGREEMENT ON EXCHANGE OF SERVICES AND RESOURCES: Mr. Lancaster requested Board approval of an intergovernmental agreement on the exchange of services and/or resources; he noted that the regional managers have worked on this agreement as an avenue for sharing resources, if needed and based on request, either for an emergency or non-emergency situation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Intergovernmental Agreement on Exchange of Services and Resources, as requested, and authorize the Chair to sign same.

Motion carried 2 - 0.

A98-13 INTERGOVERNMENTAL AGREEMENT ON THE EXCHANGE OF

SERVICES AND/OR RESOURCES BETWEEN THE COUNTIES OF

LARIMER AND WELD AND THE CITY OF FORT COLLINS,

CITIES OF EVANS, GREELEY AND LOVELAND; AND THE TOWNS

OF BERTHOUD, EATON, ESTES PARK, JOHNSTOWN, KERSEY,

MILLIKEN, TIMNATH, WELLINGTON, AND WINDSOR

7. WORKSESSION:

-- It was noted that the Bill to not mandate the publishing of salaries and warrants failed in the House yesterday 10 - 3. Mr. Lancaster informed the Board that it costs between $500 to $900 to publish the salaries and the fine for not publishing is between $500 to $1500; he continued that the warrants cost from $600 to $900 each time and the fine for not publishing is $100, as set by State Statute. Discussion ensued concerning not publishing either salaries or warrants and just paying the fines; however, Commissioner Disney stated that he does not want to violate his oath of office and go against State Statute and therefore, we should continue to publish the salaries and warrants. Chair Olson concurred.

-- Mr. Lancaster referred to the letter the Commissioners received from a former employee regarding vesting; he noted that the complaint was in response to the request sent out to employees asking for comments about the County's vesting schedule. Mr. Lancaster provided a briefing for the Board how vesting is handled in Larimer County; he noted that after an employee has been with the County for ten years, they are 100% vested and upon leaving the County, they receive 100% of the money the County contributed toward retirement. However, if an employee leaves before 10 years, that money is forfeited and goes back into the pool and is redistributed among the long-term employees. Discussion ensued regarding the Board's interest in shortening the vesting period; Chair Olson recommended that the Retirement Board continue to do their work, as they do a good job and should make this determination.

8. COMMISSIONER REPORTS:

-- Commissioner Disney reported that he and Mr. Lancaster attended a Transportation Forum Planning Meeting with the Estes Park Officials in Estes Park last Friday; he stated that they had a good discussion concerning density transfer in light of the growth limitation initiative that is on the ballot and they are interested in the transfer of density units (TDU's) as a way to manage growth in the valley. The Board indicated to desire to meet with the Joint Planning Commission and Estes Park Officials when they are in Estes Park for a forum on April 16 of this year. Commissioner Disney continued that on their way home from Estes Park, they stopped in Loveland and met with Bryan Moeck, Loveland City Manager, to discuss construction of the joint facility in Loveland.

At this time, County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for legal matters.

9. LEGAL MATTERS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:15 a.m. to discuss pending and threatened litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:00 a.m.; no action taken.

MEETING FOR APPROVAL OF LAND ACQUISITIONS

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The Board of County Commissioners reconvened at 3:00 p.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Greg Pickett, Director of Parks and Open Lands. Recording Clerk, Sherry Graves.

Ms. Cameron stated that the purpose of today's meeting is to request Board approval of two land acquisitions - the Soderberg Ranch and the Buckner property; she introduced Ronn Frank, representing the Soderbergs, and Ken Wilson, one of the owners of the Buckner property. Ms. Cameron presented a display showing pictures of the two properties, submitted packets of information relating to each acquisition, and she described the two properties in detail.

1. Soderberg Ranch: Ms. Cameron stated that the Soderberg acquisition is for 101.5 acres and is the last remaining piece of the original Soderberg ranch, the majority of which was purchased in 1982 to create Horsetooth Mountain Park; the price for this acquisition is $460,000, which is $4,532 per acre, and the recent appraisal was for $505,000. Ms. Cameron noted that this acquisition also includes a life estate for Johnny Soderberg which provides for him to stay on the property as long as he lives; she noted that this property contains the historic Soderberg ranch homestead, which depicts turn of the century ranch architecture and several historic out-buildings, and the ranch house has the potential for being converted into a visitor center for Horsetooth Mountain Park. Ms. Cameron continued that this 101.5 acres has been identified in the County's Resource Management Plan as a priority to protect and to acquire as a buffer to Horsetooth Reservoir and Horsetooth Mountain Park and this property also preserves the long hogback valley that ties into Lory State Park; she noted that this property meets all of our goals. Commissioner Clarke requested that they try and locate the abstract and have it on display in the visitor's center. Mr. Frank stated that since this property went under contract with the County, another person has stepped forward and offered more money; he noted that this offer gives proof to the value and that it is a good buy for the County.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the acquisition of 101.5 acres of the Soderberg property to buffer Horsetooth Mountain Park at a price of $460,000, and including a life estate to benefit Johnny Soderberg.

Motion carried 3 - 0.

2. Buckner Property: Ms. Cameron stated that the Buckner property is 120 acres in the corridor between Fort Collins and Loveland and is adjacent to the Ute-Snowy Ridge property to the east and the McKee Trust property to the west and serves as a crucial link between these two existing open space properties; she noted that this property also serves as a valuable link to the regional trail system connecting Fort Collins to Loveland, west of Highway 287. Ms. Cameron stated that the price for this property is $562,000, which is the appraised value and amounts to $4,654 per acre; she noted that Larimer County will manage this property.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the purchase for acquisition of 120 acres of the Buckner property for $562,000 to preserve additional open space in the corridor between Fort Collins and Loveland.

Motion carried 3 - 0.

3. Information Items: Ms. Cameron noted that this morning during Administrative Matters the Board signed letters of support for grant applications to GOCO (Greater Outdoors Colorad) for grant monies for acquisition of the above-described Buckner property for Corridor Open Space and Horsetooth Mountain Park Expansion (Soderberg Ranch).

-- Boyd Lake Open Space Grant: Ms. Cameron informed the Board about the Boyd Lake Open Space Grant for two properties for a total of 80 acres; Commissioner Disney stated that Doug Will, Colorado Division of Parks, wrote a letter of support for him to sign for this grant. Ms. Cameron stated that State Parks and the City of Loveland are hoping to acquire and preserve these two critical pieces of property because development is taking place all around Boyd Lake.

-- Berthoud/Loveland Corridor: Ms. Cameron described a piece of property of 200 acres north of the Berthoud Reservoir on the east side of CR 17; she noted that Berthoud has identified this property as their Ute-Snowy Ridge property which needs to be preserved as the last piece between Loveland and Berthoud. Ms. Cameron stated that Berthoud is asking for letters of support from the Open Lands Board and the County Commissioners to get an option on the property so they can work up their financing and apply for a grant in 1999; she noted that the letters should state that the County would consider being interested in a partnership for this project. The Board stated that they will sign a letter a support; Ms. Cameron stated she will write the letter for the Board to sign.

-- State Land Board Stewardship Trust: Ms. Cameron stated that they have met with the Open Lands Board, Division of Wildlife, etc. and they are still gathering information to decide if the Fossil Creek property should be nominated for the Stewardship Trust.

-- FYI: Commissioner Disney stated that when he and Mr. Lancaster were in Estes Park last week, they talked with Randy Jones, Superintendent of Rocky Mountain National Park, and were informed that they are going to move the Twin Sisters trailhead, because it has a private road access, down to the Lily Lake Visitors Center and take the trail up through the old Baldpate Subdivision; he noted that they want the County to abandon the County right-of-ways that were dedicated when that subdivision was platted.

The meeting adjourned at 3:50 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk