Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 30, 2001

SPECIAL MEETING OF THE BOARD of

COUNTY COMMISSIONERS

The Board of County Commissioners met at 1:30 p.m. with Jean O'Connor, Clerk to the Board; Chair Rennels presided and Commissioners Bender and Gibson were present.

Ms. O'Connor asked the Board to approve the decisions made by the referees for the Board of Equalization for July 25, 26, & 27, 2001 as presented.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the decisions of the referees for the Board of Equalization made on July 25, 26, & 27, 2001.

Motion carried 3 - 0.

TUESDAY, JULY 31, 2001

ADMINISTRATIVE MATTERS

(#66)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Stu VanMeveren, District Attorney; Linda Coxen, Administrator for District Attorney; Ernie Marx, Cooperative Extension; K-Lynn Cameron, Open Lands Manager; Greg Buffington, Director of Parks and Open Lands; Charlie Johnson, Engineering; Mike Zentveld, Unit Director for the Boys and Birls Club; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 23, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of July 23, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 6, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the schedule for the week of August 6, 2001 as presented.

Motion carried 3 - 0.

  1. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda for July 31, 2001:

ACTION ITEMS: Waiver of vacant P/T positions CORONR006 and CORONR007 and reinstate the positions to the Coroner staffing document; Waiver of the Larimer County Personnel Policy Manual provisions for deleting vacation leave accumulations in excess of 1.5 times the annual earnings at the employee's anniversary date for Sergeant Robert Cook; Workender program proposal shared staff position with the Fairgrounds Staff Study Proposal Model a permanent half time Program Specialist position paid for by the Fairgrounds and supervised by the Sheriff's Office.

ABATEMENTS: As recommended by the Assessor, the following petitions for abatement are approved Barger; DF Goodhair; Elliots Martini Bar; Key Bank of CO; Nguyen & Le; Perry; Stazak and Szymanowski.

A01-112 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BIMM, LLC RELATING TO THE SUBDIVISION AND DEVELOPMENT OF TRAILS AT VISTA BONITA PUD

D01-14 DEED OF DEDICATION BY STEPHANIE D FRANDSON AS A PUBLIC HIGHWAY (Proj. #231)

D01-15 DEED OF AGRICULTURAL CONSERVATION EASEMENT BY SITZMAN-MITCHELL & CO IN FAVOR OF LARIMER COUNTY

D01-16 DEED OF CONSERVATION EASEMENT BY EARL AND MARY KERBEL IN FAVOR OF LARIMER COUNTY

R01-124g RESOLUTION CALLING AN ELECTION REGARDING THE LARIMER COUNTY HIGHLAND HILLS PUBLIC IMPROVEMENT DISTRICT #19

R01-125s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR TRAILS AT VISTA BONITA PUD

R01-126g RESOLUTION FOR CONVEYANCE AND QUIT-CLAIM DEED (Correction) BY LARIMER COUNTY COMMISSIONERS

Motion carried 3 - 0.

5. PROCLAMATION OF NATIONAL KIDS DAY: Mr. Zentveld requested the Board proclaim August 5, 2001 as National Kids Day; Commissioner Gibson read the proclamation for the record.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve August 5, 2001 as National Kids Day.

Motion carried 3 - 0.

6. APPROVAL OF REVISIONS TO OPS 100.7J: Mr. Gluckman noted that he was going to request Board approval for the revisions to OPS 100.7J, but due to recent questions raised by Ms. O'Connor, the request will be tabled to August 7, 2001. Commissioner Gibson questioned and/or requested clarification of several areas including Section VII.D, "15 days vacation" for each Commissioner; III.B, "Any two Board members may call..." and suggested "conduct"may be more accurate; and Section VIII.A, Roberts Rules of Order, noting that these rules require the Board to make "positive" motions.

7. REQUEST FOR TWO ADDITIONAL FULL-TIME EMPLOYEES IN THE DISTRICT ATTORNEY'S OFFICE: Mr. VanMeveren stated that Larimer County received approval and funding for one District Court Judge effective July 1, 2001; however, the additional Judge did not come with funding for staff. Mr. VanMeveren requested the Board approve one full-time Investigator, one full-time Senior Legal Secretary, two PC's and an increase in training and operating costs. Ms. Coxen explained that the positions would be funded through current salary savings due to vacancies.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve two new full-time employees for the District Attorney's Office, two personal computers, and a slight increase in training and operating costs.

Motion carried 3 - 0.

8. APPROVAL OF THE LARIMER COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) SYSTEM: Mr. Marx stated that the proposed LESA System will be a recognized tool for evaluating agricultural land in the County and requested the Board adopt the system. Chair Rennels noted receipt of a letter from the members of the LESA Committee recognizing Mr. Marx for a commendable job in assisting the committee. Commissioner Bender requested the following statement be added, "Agricultural lands that provide the food, fiber and alternative energy sources to sustain the citizens of our nation".

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve and adopt the Larimer County Land Evaluation and Site Assessment (LESA) System as presented and with the addition of Commissioner Bender's statement.

Motion carried 3 - 0.

9. WORK SESSION: Ms. O'Connor informed the Board that a petition, notice/resolution and annexation map has been received from Estes Park regarding Lot 8A of Summervilla Addition.

Mr. Gluckman requested the Board direct staff to draft a letter to the Governor noting that the County has chosen the 25% option on the Forest Reserve Act as discussed in a work session last week. Consensus of the Board is for staff to draft a letter to the Governor for use of the 25% option for the Forest Reserve Act.

Mr. Gluckman stated that Commissioner Bender has requested $15,000 for fuel mitigation at Horsetooth Mountain Park.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve $15, 000 from the Commissioner's Special Project Fund for fuel mitigation at Horsetooth Mountain Park.

Motion carried 3 - 0.

Mr. Gluckman discussed comments received from staff regarding a new "Auto Policy" and requested that some of the staff who are directly affected, organize to look at how the new policy could be implemented and make recommendations. The Board concurred.

Mr. Gluckman reminded the Board that the joint meeting with the City of Fort Collins is next week and asked if the Board had any agenda items. Since there are no agenda items from either party, the Board agreed to cancel the meeting.

Mr. Gluckman noted that he would be going to Denver to discuss the Alps tire pile this afternoon.

10. COMMISSIONER REPORTS: Commissioner Gibson stated that he attended the newly formed Northern Front Range Transportation Authority meeting at which discussion ensued regarding goals/visions and ways to generate additional funding to match State funding for Northern Colorado transportation issues.

Commissioner Bender stated that he participated in a site visit with a northern county resident regarding drainage issues caused by irrigation and rainfall.

Chair Rennels stated that several emails have been received regarding the placement of water tower(s) at the landfill and stated that staff is in the initial stages of the public process regarding the proposed options. Chair Rennels requested staff draft a response, so that when the Board receives email, they could be forwarded to administrative staff for a standard reply.

Chair Rennels stated that she would be "in jail" at the Moot House to benefit Muscular Dystrophy and would be "hitting" everyone for bail money.

  1. LEGAL MATTERS: Ms. Cameron provided the recent Open Lands Master Plan newsletter and stated that public outreach meetings would be starting soon.

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:25 a.m. for land negotiations.

Motion carried 3 - 0.

Executive session ended at 11:55 a.m.; no action was taken.

SPECIAL MEETING OF THE BOARD

REGARDING THE

RUTHERFORD REQUEST FOR ACCESS OFF COUNTY ROAD 54

(Douglas Road)

(#67)

The Board of County Commissioners met with Marc Engemoen, Director of Public Works at 1:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Mark Peterson, County Engineer; Mary Rutherford, the applicant; Maureen Smith, attorney for the applicant; Rob Novack, neighbor of the applicant; and Jean O'Connor, Recording clerk.

Chair Rennels stated that this item was tabled on June 26, 2001 to allow the applicant the opportunity to work with neighbors toward a shared access and to have the County Attorney review the validity of statements made by the applicants attorney during the previous hearing.

Ms. Haag stated that any access utilized by the property owner, prior to subdividing, was abandoned at the time of final plat. As a condition of approval, Ms. Haag continued, the developer was required to comply with the concerns of the Engineering Department, which he/she did. There are no platted accesses off any of the bordering county roads with the exception of the existing home and access at the top of the hill on Douglas Road. Ms. Haag stated that the recorded Findings and Resolution includes the concerns of Engineering by reference and further noted that the ditch company may have a right to the access but the "fee owners" do not.

Mr. Novack stated that he currently has a driveway off CR 54 and is willing to share it with the Rutherford's. Mr. Engemoen stated that Mr. Novack's access is also an illegal access. Much discussion ensued regarding the assumption of available accesses.

Commissioner Gibson stated that his preference, for safety reasons, is to utilize the existing legal access at the top of the hill and run a "driveway" along the southern boundaries of lots 39, 1 & 2. Commissioner Bender agreed and added that the access should be required to meet all Engineering design standards.

Ms. Haag stated that if an access permit is granted in a specific location, the Board could place restrictions on the access permit. Mr. Engemoen stated that a restrictive permit is possible, however, enforcement of those restrictions is not likely due to staffing limitations.

The Board directed staff to re-evaluate the potential for an access off CR 54 at the eastern most boundary of Mr. Novack's property, which would run along the southern boundary of his property and onto the Rutherford property.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners deny the Rutherford request for an access permit off County Road 54.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 2:40 p.m.

THURSDAY, AUGUST 2, 2001

SPECIAL MEETING OF THE

BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners met with Jean O'Connor, Clerk to the Board at 1:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present.

Ms. O'Connor requested the Board approve the decisions of the Board of Equalization referees for July 30, 31, and August 1, 2001.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the decisions of the Board of Equalization as recommended by the referees for July 30, 31, and August 1, 2001.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 1:35 p.m.

______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK & RECORDER

(S E A L)

A T T E S T

______________________________

Jean M. O'Connor, Clerk to the Board

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