PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MAY 3, 1999

The Board of County Commissioners did not have any regular session scheduled meetings today.

TUESDAY, MAY 4, 1999

ADMINISTRATIVE MATTERS

(#474)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioner Disney was present; Commissioner Rennels was attending the Systemic Development for Informed Consent Training in Durango, Colorado this week. Also present were: Lt. Carl Cooper, Sheriff's Department; Robert Thompson, Community Development Manager; Jim Reidhead, Director Rural Land Use Center; Gregg Pickett, Director Parks & Open Lands; Kate Tremblay, Risk Manager; Gayle Morgan, Planning Staff Services Manager; Mark Peterson, County Engineer; Donna Hart, Commissioners Administrative 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 APRIL 26, 1999:
  3. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of April 26, 1999, as submitted.

    Motion carried 2 - 0.

  4. APPROVAL OF SCHEDULE FOR WEEK OF MAY 10, 1999:
  5. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 10, 1999, as submitted.

    Motion carried 2 - 0.

  6. APPROVAL OF CONSENT AGENDA FOR MAY 4, 1999:

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 May 4, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, for the following: Zelma Gaudreault, Hartford Homes (3 Petitions); Lawrence & Jacquellyn Bebo, Edward and Jane Ketterer; L & L, Inc., Jerry William and Sara Jane Davis, Luis and Virginia Flores Trust, J. Robert and Linda Wilson.

MISCELLANEOUS DOCUMENTS: Amended Plat for Letitia Lake Subdivision, Lot 13, Block 4; Rodarmel Minor Land Division; Community Development Block Grant Program Application; and Public Trustee First Quarter Report for 1999.

LIQUOR LICENSES: County approval for renewal of liquor license was granted to Al Fresco Great Italian Food - 6% - Fort Collins, CO. A license was issued to Bob's Liquor - 6% - Fort Collins, CO. A permit was issued to the Scorched Tree Bed and Breakfast - Bellvue, CO.

A99-75 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

(Provide Equal Access to Library Services to Larimer County Citizens)

A99-76 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

(Same as Above)

A99-77 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND HDR

ENGINEERING (Solid Waste Business Plan Consulting Services)

A99-78 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN THE BIG VALLEY HOMESTEAD RURAL LAND

PLAN (FKA Sylvan Dale Ranch Rural Land Plan) BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE SYLVAN

DALE RANCH, LTD.

A99-79 INVESTMENT BANKING SERVICES AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND HANIFEN,

IMHOFF INCORPORATED

A99-80 AGREEMENT TO MODIFY AND AMEND INTERGOVERNMENTAL

AGREEMENT CONCERNING THE IMPLEMENTATION OF AN

"E911" EMERGENCY TELEPHONE SERVICE BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE SIGNATORIES

TO THAT CERTAIN IGA

A99-81 COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE FOREST

SERVICE (Reimbursable Services Request)

A99-82 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 23 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ORVILLE AND SHIRLEY HAWKINS

(Project No. 162, CR 74E)

A99-83 TEMPORARY EASEMENT AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND ALVIN SCHIELDT

(Construction of Stormwater Drainage Facility for Vine Street)

A99-84 EASEMENTS: PERMANENT AND TEMPORARY AND

SUBORDINATION AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND KATHLEEN M. HOLLAND

(Same as Above)

A99-85 EASEMENTS: PERMANENT AND TEMPORARY AND

SUBORDINATION AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND IRVING S. HEMEON

(Same as Above)

A99-86 EASEMENTS: PERMANENT AND TEMPORARY AND

SUBORDINATION AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND ANDREW B. AND PAMELA R.

WILSON (Same as Above)

A99-87 TEMPORARY EASEMENT AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND IRVING S. HEMEON

(Same as Above)

A99-88 TEMPORARY EASEMENT AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND ANDREW B. AND PAMELA

R. WILSON (Same as Above)

 

 

 

 

C99-16 CONTRACT AMENDMENT #1 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO

FOR THE USE AND BENEFIT OF THE STATE BOARD FOR

COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

(Amendment to Extend Americorps Contract)

C99-17 CHANGE ORDER LETTER NO. 3 TO CONTRACT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS FOR THE USE

AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF

HUMAN SERVICES) AND THE STATE OF COLORADO

DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

(Amendment to Increase Reimbursement)

R99-44d RESOLUTION PROVIDING FOR THE DISSOLUTION OF

LARIMER COUNTY LOCAL IMPROVEMENT DISTRICTS

NO. 1984-1 7TH AND TAYLOR; 1987-1 BERTHOUD ESTATES; 1987-3

COTTON WILLOWS; AND 1989-2 CONSOLIDATED

Motion carried 2 - 0.

5. PROCLAMATION FOR SHERIFF'S DEPUTIES WEEK: Lt. Cooper requested the Board to proclaim the week of May 9 through 15, 1999 as Sheriff's Deputies Week; he noted that this Proclamation is in recognition of the important role the Larimer County Sheriff's Deputies play in the protection and services to the citizens of the County and to let them know they are appreciated. Chair Olson read the Proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week of May 9 through May 15, 1999 as Larimer County Sheriff's Deputies Week.

Motion carried 2 - 0.

6. PROCLAMATION FOR COMMUNITY ACTION WEEK: Mr. Thompson requested the Board to proclaim the week of May 4 through May 10, 1999 as Community Action Week; he noted that the Community Action Agencies, operating as Larimer County Community Development, work to assist low income residents to achieve self-sufficiency and find solutions to issues that impact their lives.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim May 4 through May 10, 1999 as Community Action Week, as requested.

Motion carried 2 - 0.

APPROVAL OF BIG VALLEY HOMESTEADS FINAL PLAT: Mr. Reidhead introduced Mrs. Mamie Jessup, Mr. David Jessup, and John Mathen and requested Board approval of the Big Valley Homesteads Final Plat; he noted this project protects 400+ acres on Green Ridge and moved some development down to other land that the Jessup Family owns along County Road 29. Commissioner Disney welcomed the Jessups and acknowledged the family's long history of stewardship of the land as in the 1970's he was appointed to the Environmental Quality Commission for the City of Loveland and the senior Mr. Jessup regularly attended those meetings.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Big Valley Homesteads Final Plat, as requested.

Motion carried 2 - 0.

DISCUSSION OF ACCIDENT INSURANCE COVERAGE FOR FAIR BOARD AND RELATED VOLUNTEERS: Mr. Pickett noted that the Fair Board is unique among appointed boards in that it is a working board which assumes primary responsibility every year for producing the Larimer County Fair and involves strenuous physical activity far beyond anything required of other appointed boards or commission. Mr. Pickett informed the Board that several of the new members of the Fair Board vocalized their objections to the fact that they are not covered by insurance and they are proposing that Larimer County provide accident insurance coverage for the 15 Fair Board members. Ms. Tremblay noted that all volunteers have liability coverage, but traditionally the County has not provided volunteers with any other coverage; she referred to a memo, signed by former Commissioner Courtlyn Hotchkiss, stating that effective January 1, 1982, the Board of County Commissioners decided, because of the cost to the County, that they were not going to cover advisory boards or commissions under Workman's Compensation. Several options for coverage and costs were discussed and, if coverage was offered to Fair Board members, the concern for setting a precedent was raised. Ms. Tremblay stated that there is an accident risk policy and it was suggested that it could be offered as an option to the volunteers, at their own expense. The Board was not requested to make a decision on this issue today, only asked for guidance. The Board stated that they want to discuss this matter with the County Attorney; Ms. Tremblay will contact Mr. Hass and put together a proposal for the Board to review.

9. REQUEST FOR TWO NEW POSITIONS IN THE PLANNING DEPARTMENT AND ENGINEERING DEPARTMENTS: Ms. Morgan requested authorization from the Board to hire two full-time regular FTE's - a Planner II with environmental emphasis ($35,000) and a Civil Engineer I, ($38,000) effective June 1, 1999 to be paid for by development review fees. Ms. Morgan noted that these costs include overhead, as previously requested by the Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to hire two full-time regular FTE's - a Planner II with environmental emphasis for $35,000 and a Civil Engineer I for $38,000, effective June 1, 1999, with costs to be derived from development review fees. Costs next year will be for the whole year.

Motion carried 2 - 0.

WAIVER REQUEST FOR ANNEXATION REVIEW IN LOVELAND: Mr. Lancaster informed the Board that a request was received from Randy Burkhardt, Senior Parks Planner for the City of Loveland, asking for a waiver from the annexation review process to annex a parcel of existing undeveloped park land, situated along both sides of the Big Thompson River, just east of Highway 287, and approximately 12 acres in size. Mr. Lancaster stated that it is in the best interests of the citizens if entities work together and cooperate as much as possible and he recommends the Board approve this request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request for waiver of the requirement annexation review process on the parcel of existing undeveloped park land, as described.

Motion carried 2 - 0.

  1. WORKSESSION:
  2. Mr. Lancaster submitted the agenda for the May 5, 1999 joint meeting with the Board of County Commissioners and the Fort Collins City Council; the Board stated that Director of Public Works Marc Engemoen, Director of Planning Larry Timm, Open Lands Manager K-Lynn Cameron, and TDU Administrator Steve Ryder should also attend this meeting.

  3. COMMISSIONER REPORTS:

Commissioner Disney reported that when he met with the Berthoud officials last Friday for their monthly breakfast meeting, they indicated they are ready to proceed with TDU's; he noted that the Commissioners haven't had a joint meeting with the Berthoud Town Officials for a long time. Mr. Lancaster will schedule a joint meeting as soon as the new Administrator is on board.

-- Chair Olson noted that Commissioner Rennels asked her to report on a meeting she attended last Friday at CCI; she stated that the State Auditor announced that the auditor hired by the County to participate in the audit of the State's tax revenue collection process cannot do so. Commissioner Rennels stated that this decision was not personal, they just don't let outside auditors watch them work; she also noted that Finance Director Carol Block was informed that when the audit is completed, Larimer County will not be given a copy. Chair Olson noted that Commissioner Rennels has called the Governor about this situation. Commissioner Rennels stated that Ms. Block made a presentation at CCI and did a wonderful job. The Board stated that they would like to meet with the Head of the Department of Revenue again and the State Auditor to discuss this matter further.

13. LEGAL MATTERS: (Tape #472 @ 2000)

At this time, County Attorney George Hass, Assistant County Attorneys Jeannine Haag and Linda Connors, Project Engineers Rex Burns and Ed Woodward, and Senior Planner Rob Helmick joined the meeting for Legal Matters.

Detention Pond in the Stagecoach Subdivision: Mr. Lancaster stated that there is a detention pond in the Stagecoach Subdivision that was never platted as such; four lots were recently purchased and one is currently being developed and if the others are developed, it will eliminate the detention pond. Mr. Woodward submitted pictures of the site and noted that the easterly two-thirds of the subdivision drains into this pond and if it didn't exist, there wouldn't be any place for the water to go and there would be flooding at the end of Double Tree. Mr. Woodward reviewed the history of the subdivision since it was approved by the County in 1972; he noted that the property was foreclosed upon and the current owner picked it up at tax sale and the lots 68 through 71 are still legal building sites. Mr. Woodward stated that this detention pond is needed; it was noted that the roads are County maintained. Mr. Burns stated that Engineering is about to do a basin study and would like to extend or expand the West Vine Stormwater Utility into this area, which could be accomplished in a year or two; he noted that there are 141 lots in the subdivision and if they each paid an average of $7 per month, that would be $1,000 per month or $12,000 per year for the possible purchase of these lots. Mr. Burns stated he would like to work out a win-win situation and negotiate with the owner for the purchase of these lots. Mr. Burns stated that at one time, the City of Fort Collins agreed to maintain the detention pond, even though the City limit was two miles away; he will try and find that agreement. At this time, Mr. Hass suggested the Board go into Executive Session to discuss this matter further.

-- Ms. Haag informed the Board that she has received a records request from a Detective from the Fort Collins Police Department; he wants to know the names of all the employees who held an eligibility technician position, date they were hired by the County, and the date they left the County for a period of three years. Ms. Haag stated the only document that might be in response to that request would be employment applications; she noted that the Detective has been talking to Mr. Rathgeber in Human Services about this request and according to him, this will take a considerable amount of time and effort to physically pull each of those employment files, make copies, etc. Ms. Haag stated that Mr. Rathgeber suggested charging a $600 fee for this service; she noted that the Detective said that they make copies all the time for our law enforcement people and they don't charge anything and so he asked if the County can agree to reciprocate and provide these documents to them at no charge. Ms. Haag asked the Board for their opinion on this. Mr. Lancaster will follow up on this request to determine if they do in fact make copies at no change and if we can reciprocate.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:10 a.m. for discussion of negotiation issues, a personnel matter, and to obtain legal advice.

Motion carried 2 - 0.

The Executive Session ended at 11:55 p.m. and the following action was taken:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners instruct the County Planning and Building Department to withhold building permits on Lots 68, 69, 70 and 71 in Stagecoach Subdivision on the basis that there is an existing detention pond that drains the County roads.

Motion carried 2 - 0.

The meeting adjourned at 12:00 noon.

 

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

( S E A L )

ATTEST:

 

___________________________________

Sherry E. Graves, Deputy County Clerk