PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 13, 1999

The only regularly scheduled meeting the Board of County Commissioners had today was the three-hour public hearing on the proposed land use code, which has a separate set of Minutes listed under land-use code hearings.

TUESDAY, SEPTEMBER 14, 1999

ADMINISTRATIVE MATTERS

(#515)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager for County Seat of the Day at the Cache La Poudre Jr. High School. Chair Olson presided; Commissioners Disney and Rennels were present. Also present were: Greg Vickerman, IMS Application Development and End User Computing Manager; Ralph Jacobs, Human Resources Director; and Deni LaRue, Community Information Manager. Recording Clerk, Gael Cookman.

1. PUBLIC COMMENT: The Board answered questions from the students pertaining to the road conditions and the truck traffic that is constant on Highway 287. Commissioner Disney explained various aspects road maintenance and the cost involved of constructing and maintaining roads. One student informed the Board that there is an area of road in Rist Canyon that washed away during the last flood and he was concerned whether or not the County Road and Bridge Department planned to fix it before the snow and bad weather sets in. The Board explained that they were unaware of this, but they would have the Road and Bridge Department investigate this area and fix the damage that was created by the flood.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 6, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of September 6, 1999.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 20, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule of the week of September 20, 1999.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved to pull item number 1 from the Consent Agenda, as Chair Olson will not vote on this item due to a conflict of interest.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the rest of the documents as listed on the Consent Agenda on document review for September 14, 1999.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve item number 1 as listed on the Consent Agenda on document review for September 14, 1999.

Motion carried 2-0.

MISCELLANEOUS DOCUMENTS: Galaxy Letter of Intent with Adelphia Communications Corp; Planning Commission Revised By-laws; Final Plat - Rocky Mountain Gateway PUD, Phase I.

LIQUOR LICENSES: License approval was granted to: Vern's Liquor - 6% - LaPorte, CO - Change of Ownership; and Fox Acres Country Club - 6% - Red Feather Lakes, CO - Change of Manager.

A99-171 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHNSON INVESTMENTS, INC. (Additional space for Probation Staff)

A99-172 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, AND THE CITIES OF FORT COLLINS, LOVELAND, AND GREELEY CONCERNING THE CACHE LA POUDRE COMMISSION

C99-58 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GERALD AND BARBARA JACKSON (sale of Glacier View lot 64, 12th filing)

R99-126g RESOLUTION APPOINTING THE CHIEF BUILDING OFFICIAL FOR LARIMER COUNTY

R99-127s FINDINGS AND RESOLUTION APPROVING THE CHRISMAN SUBDIVISION

5. CONSTITUTION PROCLAMATION: Ada Mathers and Helen Brown introduced themselves as members of the Daughters of the American Revolution which is a service organization that supports schools, libraries, and the Veteran's Administration; they requested the Board of County Commissioners proclaim the week of September 17 - 23, 1999 as Constitution Week in order to urge all citizens to reflect during this week on the many benefits of our Federal Constitution and on the privileges and responsibility of American Citizenship. Commissioner Disney read the proclamation aloud.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of September 17-23, 1999 as Constitution Week.

Motion carried 3-0.

6. WAIVER OF PERSONNEL POLICY FOR INFORMATION MANAGEMENT SERVICES POSITION: Mr. Vickerman requested Board approval to continue posting and hiring Information Management positions A-M (or 1 -31 considering the 1% step gird) through 2001; he explained that it is still very difficult to attract and retain qualified Information Technology employees and that the lower salary ranges (steps A - E) do not attract quality candidates for the available positions. Mr. Vickerman stated that they do have the budget and funding available to allow for this flexibility in hiring.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of county policy to allow the Information Management Department to advertise and hire A-M (1-31) steps for all open Information Technology positions countywide through 2001.

Motion carried 3-0.

7. LARIMER COUNTY DISCUSSION: At this time the Board passed out the Larimer County "What Do You Know?" test to the students present and reviewed the answers with them.

8. WAIVER OF PERSONNEL POLICY: Mr. Jacobs explained that Joni Friedman, Director of the Larimer County Workforce Center, has requested Board approval for one of her employees to use vacation hours instead of sick hours during family medical leave; he explained that normally an employee would have to exhaust their sick hours before they could start using vacation hours in conjunction with FMLA. Mr. Jacobs noted that in this case Ms. Peterson is in jeopardy of losing 98.60 hours of vacation if she does not use it by the end of the year, so rather than have her return from FMLA and then have her go on vacation immediately, Ms. Peterson and her department have agreed to allow her to use this vaction time during her family medical leave.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of policy and allow Loyola (Lea) Peterson to use vacation time during family medical leave.

Motion carried 3-0.

9. WORKSESSION: Mr. Gluckman explained that Core Services would like to change their advisory board from a Commissioner appointed board, to a department board and to have the change take effect through a future Consent Agenda. CONSENSUS OF THE BOARD was to allow the Core Services Advisory Board to become a department board.

Mr. Gluckman noted that they might have found an answer to being able to accept credit cards in government transactions, that being the ability to offer a "cash discount" for those who choose to pay cash; he explained to the students that the County fees are often dictated by State Statute and the County has been unable to accept credit card transactions due to the service charges that go along with offering the use of credit cards.

- Mr. Gluckman stated that he will be working with the Mental Health Advisory Board as a facilitator in order to assist them with their transition.

- Mr. Gluckman gave the Board t-shirts to wear for the Annual Brat's on the Barbie fundraiser for United Way scheduled for Monday, September 20, 1999.

- Mr. Gluckman explained that the Fargo County Roadhouse liquor license is up for renewal and he passed out the Sheriff's reports on this establishment for the Board to preview prior to discussing this issue with the County Attorney next week.

  1. COMMISSIONER REPORTS: There were no reports this week.

Meeting recessed at 11:00 a.m.

 

 

ASSESSMENT HEARING ON LONGVIEW DRIVE

LOCAL IMPROVEMENT DISTRICT

(#516)

The Board of County Commissioners reconvened at 7:00 p.m. in Estes Park for a Public Hearing for the Longview Drive Local Improvement District. Chair Olson presided and Commissioner Disney was present. Also present were: Rex Burns, Special Improvement District Engineer; Diane Martell, Special Improvement District Coordinator; Mark Peterson, County Engineer; Joe Temple, Project Engineer; and Todd Juergens, Construction Manager. Recording Clerk, Sherry Graves.

Chair Olson introduced the members of the Board and County staff. There were nine property owners in attendance for tonight's hearing. Mr. Burns reviewed the history of the Longview Drive Local Improvement District, noting that the district was formed to finance and construct improvements; he noted that the purpose of tonight's hearing is a requirement of State Statute that a formal public hearing be held to consider the appropriateness of the assessments, which will be made to each of the respective properties within the district. Mr. Burns noted that the improvements are completed, except for some minor exceptions regarding maintenance.

Mr. Burns stated that each of the properties, with a few exceptions, will be assessed an equal share for the cost of the improvements; he noted that the corner properties, which abut two streets, are assessed only for their access street. Ms. Martell stated there are 84 properties in the district; the assessment for the majority of the property owners will be $2,927, four lots will have an assessment of $1,464 (1/2 of the assessment), and one property owner will have an assessment for $5,854, which is for two lots. Ms. Martell continued that for those property owners that elect to pay in the 10-year installment plan, it will be about $400 per year at an interest rate of 6.19%; she noted that the property owners will receive a notice from the Treasurer's Office and can pay the full amount by October 15, 1999, without interest, if they choose to do so. Otherwise, the assessment will show up on their tax bill in January; she also noted that the assessment can be paid off at any time within the ten year period.

Ms. Martell noted for the record that four letters were received from the following property owners in the district: Ann Beard, Ron & Bonnie Hansen, Robert Hodges, and Dale & LaJeune Williams. Ms. Beard was concerned about erosion from heavy rains. Mr. & Mrs. Hansen expressed appreciation for having the roads paved; however, they did have a concern regarding the inappropriateness of the side fill as it is unstable and will wash away and undermine the road. At this time, Mr. Burns discussed the drainage and erosion problems; he noted that they put down erosion fabric and it will take some time for the grass seeds to germinate. Mr. Jeurgens noted that mainly the steeper slopes were seeded. Mr. Burns assured the audience that the County does intend to see that the ground is stabilized and erosion problems are resolved. Mr. Hodges also expressed concern in his letter regarding erosion problems at two locations, and Mr. & Mrs. Williams had a question regarding their assessment amount being incorrect which, Ms. Martell noted, has been corrected. Mr. Peterson stated that a letter was also received from Jay Heineman concerning the thickness of the asphalt. Questions from the audience and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the resolution approving the whole cost of the improvements to be made in Larimer County Local Improvement District No. 19997-2 (Longview Drive); approving and confirming the apportionment of said cost to each lot or tract of land in the district; assessing a share of said cost against each lot or tract of land in the district; and prescribing the manner for the collection and payment of said assessments, and authorize the Chair to sign same.

Motion carried 2 - 0

R99-128d RESOLUTION APPROVING THE COST OF IMPROVEMENTS

IN LOCAL IMPROVEMENT DISTRICT NO. 1997-2 FOR

LONGVIEW DRIVE

The hearing adjourned at 7:25 p.m.

FRIDAY, SEPTEMBER 17, 1999

 

MEETING REGARDING DEMARANVILLE ZONING VIOLATION

Commissioner Rennels met at 9:00 a.m. for a special meeting with Lynn and JoAnn DeMaranville. Chair Olson and Commissioner Disney were not in attendance. Tom Garton, Chief Building Inspector, was also present. Recording Clerk, Sherry Graves.

The purpose of today's meeting was to further discuss the zoning violation which the DeMaranvilles inherited when they purchased their property and auto repair business. Mr. DeMiranville reported on the meeting he had with Ron Gonzales from the Poudre Fire Authority; he noted that Mr. Gonzales stated he felt comfortable that the discrepancies could be figured out. Commissioner Rennels stated that she is going to meet with Mr. Gonzales next Monday morning. Mr. DeMaranville asked for an estimation of time for resolution to this problem; he noted that working out an agreement with the County could get complicated because if Poudre Fire Authority goes back and changes the records, then other things will need to be changed. Commissioner Rennels stated that there is no way to get prior documents to make sense and the agreement needs to state that from this day forward, regardless of the confusion in the past, these are the facts. Mr. DeMaranville stated that he will need this in writing when he meets with the Board of Adjustment. Commissioner Rennels suggested to the Demaranvilles that they have their attorney call Ms. Haag, Assistant County Attorney. Mr. DeMaranville stated that currently he is operating illegally and he asked if he can continue in business; Commissioner Rennels responded that they will discuss this at the meeting scheduled for on September 22, 1999. Mr. DeMaranville stated that in the staff memo, there are a lot of discrepancies; Commissioner Rennels stated that the discrepancies that effect going forward, she wants to correct, but we don't have the time or money to go back and correct all the discrepancies of the past. Mr. DeMaranville expressed concern about the next person that buys this property. Commissioner Rennels stated that whatever is agreed upon, the County can give him a release for responsibility; again, she advised him to talk to his attorney about an indemnity clause. Commissioner Rennels stated that at the September 22 meeting, Mr. Gonzales wants agreement with the County and Poudre Fire Authority that all attachments are resolved. Mr. DeMaranville submitted a copy of the bid proposal from High Country Pipelines, dated March 25, 1997, for the installation of one three-nozzle fire hydrant, to show their good faith and intentions. Mr. Garton stated that he wants to work with the DeMaranvilles and resolve this situation and he noted that it has never been their intent to delibertly deceive them.

The meeting adjourned at 9:35 a.m.

 

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

____________________________________

Gael M. Cookman, Deputy County Clerk

 

____________________________________

Sherry E. Graves, Deputy County Clerk