Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 25, 1998

There were no meetings today as the Courthouse was closed for the Memorial Day Holiday.

TUESDAY, MAY 26, 1998

ADMINISTRATIVE MATTERS

(#335 & #336)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Ralph Jacobs, Human Resources Director; Ginny Riley, Human Services Director; Dan Muffly, Assistant County Attorney; Joe Ferrando, Community Corrections Director; Bob Keister, Budget Manager; Deputy Bill Nestlerode, Juvenile Procedures Coordinator; Dr. Keith Olson, Mental Health Director; Daryl Burkhard, Open Lands Resource Specialist; Dave Spencer, Facilities Director; Jeannine Haag, Assistant County Attorney; John Pedas, Code Enforcement Officer; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF MAY 18, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of May 18, 1998, as submitted and amended.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF JUNE 1, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of June 1, 1998, as submitted and amended.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for May 26, 1998:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, for the following: Household Finance Corp. II HFS Tax Dept #22-4801; Colorado Evergreen Import Co.; Diane D. DeVries; Circle Ranches, Inc.; James C. Sally N. Winford and Betty L. Jones; George D. & Winifred I. Winters; John W. & Josephine J. Cobb; Arthur T. & Susan Hedrick; Michael R. & Florence A. Novovesky; Susanne Parent; Robert W. Gilpin & Susan Smith; Fourth Street Homeowners, Ltd.; Creekside Gardens Investment Co.; and Bruce L. & Joyce E. Grauberger.

MISCELLANEOUS DOCUMENTS: Warrant Register for Human Services for April 1998 and Amended Plat for Vista View Estates, Lots 67 & 68. Final Plats were approved for: Marsh Estates Rural Land Plan, Grayhawk Knolls PUD, and Prairie Trails PUD, with attached Development Agreements and Subdivision Improvements Agreements.

A98-80 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND DENNIS L. AND VAUNDEEN R.

MARSH (Re: Marsh Estates Rural Land Plan)

A98-81 SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FRANK H. WALSH

(Re: Grayhawk Knolls PUD)

A98-82 SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BOEDECKER

PRAIRIE TRAILS L.L.C. (Re: Prairie Trails P.U.D.)

LIQUOR LICENSES: County approval was granted for renewal of licenses to: Marriott Management Services Corp. dba CSU Concessions at Hughes Stadium - 3.2% - Fort Collins, CO.; Marriott Management Services Corp. dba Rams Horn @ CSU - 3.2% - Fort Collins, CO.; and Permit for Modification of Premises for Gateway Liquor, Inc. - 6% - Loveland, CO. Licenses were issued to: National Park Village North - 3.2% - Estes Park, CO., and National Park Village North - 6% - Estes Park, CO.

R98-79s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES

6TH FILING, LOTS 111 AND 112

R98-80s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES

4TH FILING, LOT 4 AND 5TH FILING, LOT 25

R98-81s FINDINGS AND RESOLUTION DENYING THE SEAWORTH MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R98-82z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF BROWNSTONE QUARRY

Motion carried 3 - 0.

5. MERIT SYSTEM TRANSITION PLAN: Mr. Jacobs requested Board approval to submit the Merit System Transition Plan to the State of Colorado, in order for the Plan to be implemented on July 1, 1998, as scheduled. Mr. Jacobs noted that the purpose of this Transition Plan is to replace the rules of the Colorado Merit System with the personnel policies of the Board of County Commissioners. Mr. Jacobs discussed the issue of the transfer of sick leave balances from one system to the other, noting that the recommendation is not try to maintain two separate accounts, but to treat all employees in the same way under County policy. Mr. Muffly reviewed his recommendation of the addition of a clause on the Certification signature page regarding the County's responsibility for administering the personnel system, "except for personnel issues mandated by the State". Commissioner Disney suggested that a note be included in the personnel files of Mr. Jacobs and Donna Sena commending them for the good job they did on the Merit System transfer.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the submission of the Merit System Transition Plan to the State of Colorado, and authorize the three Commissioners to sign the Certification, as amended.

Motion carried 3 - 0.

6. ADDITIONAL FUNDS FOR EXTRADITIONS INTERNATIONAL CONTRACT: Mr. Ferrando requested Board approval of an additional $38,000 from the General Fund for the Community Corrections budget for transportation costs for Fiscal Year 1998; he submitted a summary sheet and graph showing the breakdown of Extradition's International (EI) Contract costs for the Sheriff's Department, Youth Offender Response (YOR) Team, Mental Health, and Human Services for 1997, 1998, and projected 1999. Mr. Ferrando explained that EI is the transportation company used by those agencies for the transporting of clients; he noted that last year $47,000 was put in the General Fund to cover the costs for juvenile transportation for the Sheriff's Department and (YOR), but the cost was $56,975 and now they have a new contract with another price increase -- they are looking at $111,000 for 1999. Mr. Ferrando stated that the Sheriff's Department and YOR use the majority of the service and he noted that Mental Health and Human Services pay their share through their own budget. Much discussion of the costs followed; Commissioner Disney asked if this increase just covers inflation or if it is exceedingly high. Chair Olson noted that some of the youth are City of Fort Collins clients and, as the County does not have the money to cover these costs, we need to figure out a way to cover these costs. Mr. Ferrando stated that they have been looking at other transportation vendors and there is a 30-day clause in this contract; he noted that Extradition's broke the contract in November to raise their prices and exercised their right to use the 30-day clause and we could do the same if we could find a less expensive vendor. Commissioner Clarke stated that another issue we must consider is safety; Commissioner Disney asked is anyone has ever considered billing the parents for this service. Bill Nestlerode stated that the large chunk of the cost is the obligation of the Sheriff's Departments and the practicability of this service being billed back is almost nil; he noted that they have explored the potential of the Sheriff's Department having their own in-house transportation unit, which would cost $130,000. Mr. Nestlerode noted that previously this cost was too high, but now is worth considering. Mr. Keister stated that there is no extra money in the General Fund and he suggested that one solution might be that the departments that are responsible for this look at their budgets and try and finance this by whatever means. Commissioner Disney stated that the Board needs to talk to the local Legislators about this because when they mandate these things, they need to include some dollars. Commissioner Clarke stated that we need to determine if this can be handled by the Sheriff's Department in-house or figure out how to do this within existing resources. Commissioner Disney stated, however, that in the near future, we need to sit down with the municipalities and talk about the cost of youth services and how that cost can be apportioned so they can start paying their fair share. In the meantime, Mr. Ferrando asked if the Board could approve this contract as they have been operating with EI the last 3 months without a contract and they have been providing services and they need to be paid for that time; he noted that we can enter the contract and continue to look for a different vendor or different funding sources and he reminded the Board of the 30-day clause in the contract. Chair Olson requested Mr. Ferrando to come back to the Board in two weeks and give them a progress report on finding a new vendor. The Board thanked Mr. Ferrando for coming to the Board early in the year with this budget deficit rather than waiting until near the end of the year.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Extradition's International Transportation Contract, but not the additional $38,000 from the General Fund, with the understanding that there is a 30-day clause in the contract, and direct Mr. Ferrando to aggressively and quickly begin to look for other options for this transportation service.

Motion carried 3 - 0.

C98-22 PROFESSIONAL SERVICE AGREEMENT/CONTRACT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND EXTRADITIONS

INTERNATIONAL, INC.

7. UPDATE ON THE GOCO AWARDS: Ms. Burkhard provided an update on the recent GOCO Awards; she noted that last week, GOCO announced their open space grant awards and Larimer County received three awards for a total of $925,000. Ms. Burkhard stated that one award was for $150,000 for expanding Horsetooth Mountain Park by 300 to 400 acres, which includes 100 acres of the Soderberg Ranch; she noted that a second award received was for a grant application in which Larimer County, in partnership with the City of Fort Collins and the City of Loveland, received $500,000 to buy open space in the corridor between the cities of Fort Collins and Loveland. Ms. Burkhard continued that the third award of $275,000 was also a partnership between the Colorado State Parks the City of Loveland for expansion of Boyd Lake State Park northeast of Loveland.

8. DESIGNATION OF SAM SZYMANSKI AS COUNTY REPRESENTATIVE TO THE FUNDING PARTNERS BOARD:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the designation of Sam Szymanski as the County Representative to the Funding Partners Board.

Motion carried 3 - 0.

9. REINSTATEMENT OF ACCOUNTING POSITION IN THE DISTRICT ATTORNEY'S OFFICE: Mr. Gluckman reminded the Board that if a position is vacant for more than nine months, it is automatically eliminated; he noted that the Accounting Tech position in the District Attorney's Office was vacant for more than nine months as Ms. Coxen was trying to fulfill the obligations of her position and this position as well and realized it could not be done. Therefore, the District Attorney's Office is asking for reinstatement of that position, noting that the monies for this position currently exist within their permanent salary line item, as well as all other associated position costs, i.e., health insurance, etc.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the reinstatement of the Accounting Tech II position for the District Attorney's staffing document, as requested.

Motion carried 3 - 0.

10. UPDATE ON THE JUSTICE CENTER DESIGN: Mr. Spencer provided an update for the Board on the design of the Justice Center; he presented the Schematic Design Manual and schematic drawings for the Board to review. Mr. Spencer stated that they have come to the close of the schematic design phase for the Justice Center and moving into the design development phase; he noted that essentially the outside walls are fixed and the spaces within the building are approximately apportioned and located. Mr. Spencer informed the Board that the proposed ground breaking is still scheduled for shortly after the first of the year and things are on track and going well.

11. DISCUSSION OF ZONING VIOLATION: Jim Martell, Attorney for the Jacobson's, introduced himself, Gary Jacobson, and his wife and daughter to the Board. Ms. Haag stated that the purpose of today's meeting with the Board is to advise them that based on some information received from some of the neighbors of the Jacobsons and County staff, there is a zoning violation with respect to a mining operation on the Jacobson's property; she noted that they thought it was serious enough that immediate action needed to be taken and are seeking to obtain the Board's authorization to go ahead and file legal action, including filing for preliminary injunction. Mr. Martell stated that he thinks there is some additional information that may either be in defense or mitigation of the activities going on and he requested time to have a meeting with the applicant and County staff to sort through this and to meet with the neighbors, before asking the Board to authorize legal action. Commissioner Disney asked why they are meeting outside of the normal venue for zoning violations; Mr. Pedas stated that this is more critical because, according to the reports, large trucks are crossing Buckhorn Creek and there is fear of pollution and contamination downstream. Mr. Pedas continued that Mr. Jacobson did file for an excavation plan that went to CTR on November 6, 1997 and so there is an awareness on his part that he needs to continue with the process to have this operation approved. Mr. Martell stated that there are a number of issues on the surface which may appear as some of the neighbors have described to the County, but he thinks that if they talk about it and show what in fact is going on, they can get something worked out. At this time, the group moved outside the Conference Room to decide on a meeting date.

12. WORKSESSION:

-- Request for Health Department to Hire Above Step E: Mr. Gluckman noted that there is a vacant position in the Health Department for a Senior Program Analyst; after going through the interview process, they found someone they would like to hire but this person is currently making a little above our Step E. Mr. Gluckman stated that the Health Department is requesting Board approval to offer this person the position above the Step E salary range and he noted that funds for this action are available in the budget.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver of the Larimer County Hiring Policy for the Health Department to hire someone above Step E for the Senior Program Analyst position.

Motion carried 3 - 0.

-- Farmland Trust Letter of Support: Mr. Gluckman stated that Farmland Trust submitted an application for a proposal to the Department of Local Affairs to do an impact study on agricultural land and Larimer County sponsored the project; he noted that Don Sandoval has asked for a letter of support from the Board. CONSENSUS OF THE BOARD was to sign the letter of support for the Farmland Trust application.

-- Economic Impact Model: Mr. Gluckman stated that our Economic Impact Model proposal was submitted to Smart Growth; he noted that everything is going OK except that they received a call from Weld County saying they will not support the Impact Model. Mr. Gluckman stated that he shared this with the Managers' Group and they are still supportive of the Impact Model; he noted that on July 30, 1998 the Managers Group will be discussing the Impact Model with the Elected Officials.

-- Cabinet Meeting for May 28, 1998: Mr. Gluckman stated that Bill Mascenik from the Innovations Group will discuss their Group services at the Cabinet Meeting on May 28, 1998.

-- School Project: Mr. Gluckman advised the Board that he and Ms. LaRue have been working on a pilot project and next Monday will present a program on County Government to a 6th grade class, Steve Moore will discuss the Web Site, do a case study on a land use matter and have a mock hearing, and Bob Alexander will set up the new Accu-Vote election system and the 6th graders will vote whether or not to pass the land use item, and then stay for lunch. The Commissioners suggested that the Elected Officials also have their lunch at this time and meet with the 6th graders.

-- Share Back Transportation Bill: Mr. Gluckman stated that several weeks ago the Board had questions about the Share Back Transportation Bill; he noted that they called CCI and they sent information which states that the way the Bill is written now, if it does go on the ballot, it will say that both State and Local governments will be excluded from Tabor.

-- Facilitation Project: Mr. Gluckman discussed the Facilitation Project with the City of Fort Collins and they are very interested in doing it in partnership.

-- Invitations: Ms. Hart reviewed the pending invitations to the Board.

13. COMMISSIONERS' REPORTS:

-- Commissioner Clarke reported that another call was received from a neighbor objecting to the proposed location for the Juvenile Assessment Center and it seems like in everyone's legal opinion, including our own attorney, that the covenants do not allow that use and so they are pursuing their other options.

-- Commissioner Clarke reported on the "Bosslift" trip he took to Washington, D.C. last week; he noted he received all kinds of information about Employer Support of the Guard and Reserve and he was given a pledge of support for the National Guard and Reserve in resolution form which the Board was asked to adopt and sign. Commissioner Clarke recommended that County Attorney George Hass and Ralph Jacobs, Human Resources Director, review the resolution before adoption; he stated that as a major employer, we have a responsibility to support our employees in the Guard.

-- Commissioner Disney stated that he is a member of the Loveland Chamber Transportation Committee and attended a meeting this morning and two things were discussed that he wished to share with his colleagues: 1) Thompson R2-J is going to have a ballot issue this year to raise the mill levy to upgrade the new high school; 2) The Loveland Chamber Transportation Committee, the City of Loveland, and the North Front Range Transportation Council is considering widening Highway 402 to four lanes from Highway 287 to I-25; he noted that there is some concern about land use items not be approved in the interim along 402 that might present problems. With the Board's permission, he will suggest at the next joint meeting of the County and Loveland City Council that they might consider having our staffs work together to do a scope of work for a land-use access management study and cost estimate.

-- Commissioner Disney informed his colleagues that he will circulate a letter he received from the Town of Estes Park with regard to the Smitherman Open Space.

-- Commissioner Disney presented a draft copy of the Thompson RJ-2 School District Development Impact Report showing how they will comment on development proposals; he asked the Commissioners to review it and make comments and offer suggestions for clarifying it, if they have any.

-- Chair Olson suggested that the Board delay making appointments to the Planning Commission until the Code is finished and adopted; she suggested that Mike Doten and Ed Haimes be asked to remain on until the end of the year to keep the Board intact rather than try and bring new people in at this point. The Board concurred with the suggestion; Commissioner Olson will contact Mr. Doten and Mr. Haimes.

At this time, Ms. Haag rejoined the meeting with Jim Reidhead, Director of Rural Land Use Center.

14. LEGAL MATTERS:

Mr. Reidhead discussed two matters with the Board; he noted that last week two applicants came before the Rural Land Use Board with questions which are in a gray area in the Rural Land Use (RLU) Code and Ms. Haag suggested he come discuss it with the Board. Mr. Reidhead stated that it is explicit in the Code that the RLU process may be used for any parcel that is at least 70 acres in size; one question is: Can parcels less than 70 acres be combined and run through the RLU process? The second question is: Can you put a piece of property that has a special use on it through the land-use process and transfer development from that property to another piece of ground with the understanding that they would pre-empt any potential development? Mr. Reidhead stated that the farmer that is farming the soccer fields that were just approved is interested in running some land through the RLU process; they are proposing to put 3 parcels together (including the soccer field) and transferring the potential development and placing a conservation easement on the property. Much discussion followed regarding other options and possibilities for the landowners to consider, as well as several other out-of-the ordinary requests, and the Board determined that these requests do not belong in the RLU process and, therefore, told Mr. Reidhead "No", but encouraged him to continue to come to them in the future with any other unusual requests.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:30 a.m. to discuss confidential legal advice and possible litigation.

Motion carried 3 - 0.

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

____________________________________________

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

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.