Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, june 24, 2002

MEMORIAL TO AVIATION HEARING

(#64)

The Board of County Commissioners met at 7:00 p.m. for a Memorial to Aviation Hearing; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Frank Lancaster, County Manager; Donna Hart, Commissioner's Administrative Manager; Deni LaRue, Community Information Officer Director, and Gael Cookman, Recording Clerk.

Chair Gibson noted that a public hearing was not required by regulation, but that the Board wanted to obtain public input on whether or not the County should sponsor this aviation memorial.

Colonel Ed Robert addressed the Board on behalf of the Air Force Association noting that they are asking for Larimer County to partnership with them in the creation of this aviation memorial and provide for the long-term viability and support of the project. Col. Robert explained the proposal as follows: It is a project to develop a mini-park with and aviation memorial; it would use 1/3 acre at the northeast corner of Mulberry and Timberline. The site would include parking, signage, full accessibility, lighting and landscaping, flags, sculpture work, and memorial tiles/bricks that would provide a "wall of aviation fame". The centerpiece is an AT-38 Talon Trainer flown by both military and civilians. Col. Robert noted that the memorial would provide a visible, attractive and historic representation reflecting the role of aviation and aviators in this area; he further explained that it would provide a key cultural aspect of aviation in our lives.

Mr. Lancaster noted that there are no real land use issues except for the Planning Department would need to look at the layout of the parking, setback, traffic circulation, access, drainage, landscaping, and if the plane were to be placed upon a pedestal then a building permit would be needed and the pedestal would need to be engineered to withstand the stress. Mr. Lancaster noted it would cost Larimer County $3,000 to $5,000 annually to support the memorial.

Commissioner Bender had questions pertaining to the maintenance cost of the project and which entities would be involved in caring for the memorial. Col. Robert noted that there would be various entities involved with different responsibilities; he explained that the Air Force ROTC would be responsible for the painting, cleaning and polishing of the plane, and the Air Park would be responsible for cutting the grass and maintenance of the landscape. Commissioner Rennels asked if vandalism has been a problem for other communities that sponsor an airplane. Mr. Lancaster noted that vandalism was not mentioned as a problem in the other communities that he has spoken to on this issue.

At this time Chair Gibson opened up the meeting for public comment. Dave Forest, Shelly Godkin, Bill Morgan, Scott Billington, Mark Fry, Jerry Bursall, Bob French, Jean O'Connor, Dennis Sumner, Donna Forest, Zachary Sumner, Milton Kroug, Lon Alexander, Lloyd Warrington, and Michael Fassi all voiced their support for the aviation memorial; many were Air Force veterans and all were in agreement that the location was appropriate, the visual appeal would be good for the Mulberry corridor, the plane itself was fitting as it has been used both for civilian and military training, and that there is a rich aviation history in Fort Collins that should be celebrated utilizing this memorial. Mr. Billington noted that the Sertoma Club charges $40.00 to hang flags for business on various patriotic holidays and he explained they currently hang flags at Edora Park for those business that do not have appropriate space to hang a flag yet still want to participate. Mr. Billington stated that this memorial could be used to hang flags and the money raised could be used to help sponsor the memorial. Mr. French noted that time was of the essence and the aircraft will not be available if they did not act soon. Susan Shields noted that she was in favor of the memorial, but felt that it was lacking in design and was not very inspiring. Len Roark and Louie Tremere were not in support of the project. Mr. Roark noted that the tax dollars should be used for something that would be more relevant in representing Larimer County - a monument to water resources of some sort. Mr. Tremere did not see the plane as fitting in with Larimer County. Mike Bederas noted that he had been working on the citizen committee for the Mulberry Corridor project and that he was torn mainly with regard to the size of the plane; he asked the Board to consider safety issues with accessibility from Lincoln Avenue to Timberline Road, and to spend more time gathering information on the project and proposed site. Chair Gibson presented for the record 85 signatures on petitions in support of the memorial. Chair Gibson closed public comment.

Col. Robert addressed the question regarding safety noting that the memorial has been designed with the City's involvement for safe access to and from the site, and that they have used an artist in helping plan the design. Col. Robert also noted that regarding the size of the memorial itself, the aircraft will only be a little bigger than the sixty-foot diameter of the oval.

Commissioner Bender noted his support for the memorial, but was also concerned regarding the long-term maintenance and wondered if the Air Force Association could set up an annuity fund for maintenance of the memorial. Commissioner Rennels asked Col. Robert how much money they have raised so far. Col. Robert explained that they have not raised any money yet, and that they were waiting for the partnership with Larimer County before they began any fundraising. Some discussion ensued regarding how much money would be needed to get the plane here in town and build the site. Col. Robert stated that he felt $100,000 would be the minimum necessary to obtain the plane, build the site and include the memorial; he noted that if they could raise more, then the extras such as sculptures and additional landscaping could be added. Col. Robert also noted that a lot of the donations would be "in kind" such as a landscaping company providing their services at no cost. Chair Gibson asked if the Board gave their approval would the aircraft go into storage until the site was built, and if so who would pay the cost. Col. Robert noted that the aircraft would go into storage and that the Air Force Association would cover that cost. Col. Robert also noted that if they could not raise enough money to build the memorial, then the plane would not be delivered to Larimer County. Commissioner Rennels suggested that the Air Force Association have a $15,000 fund balance in order to give a three-year cushion in case Larimer County ever gets into a position that they would have to find another entity to take over maintenance and support of the memorial. Commissioner Bender again noted that he supports the memorial, but he would like to see the specific responsibilities of the various entities outlined in writing.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the partnership with the Air Force Association and sponsorship of the Aviation Memorial.

Motion carried 3-0.

The meeting adjourned at 8:20 p.m.

TUESDAY, JUNE 25, 2002

ADMINISTRATIVE MATTERS

(#65 & 67)

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were: Rex Burns, Project Engineer; Linda Sanders Engineering Staff Services Manager; Deb Russell, Lieutenant Sheriff's Department; Dana Hersch, Alternative Sentencing Unit Program Manager; David Ayraud, Assistant County Attorney; Marc Engemoen, Public Works Director; Dale Miller, Road and Bridge Director; Jim Reidhead, Rural Land Use Center Director; Christie Coleman, Civil Engineer; Mark Peterson, County Engineer; Charlie Johnson, Land Agent; Jerry White, Land Agent; K-Lynn Cameron, Open Lands Manager; Melinda Keen, Commissioner's Secretary II, Donna Hart, Commissioner's Administrative Manager; Deni LaRue, Community Information Officer, and Gael Cookman, Recording Clerk.

  1. PUBLIC COMMENT: None.
  2. APPROVAL OF THE MINUTES FOR JUNE 17, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes of June 17, 2002 as presented.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 1, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of of July 1, 2002 as presented.

Motion carried 3-0.

4. APPROVAL OF THE 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 June 25, 2002:

A02-82 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE LARIMER COUNTY ENGINEERING DEPARTMENT, AND WALKER MANUFACTURING COMPANY AND ROBERT WALKER (Concerning Irrigation Well Riser in Platted ROW)

A02-83 ADDENDUM TO CABLING SYSTEM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COMTEL TECHNOLOGY, INC.

A02-84 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THOMAS M. CONNELLY AND PATRICIA A. CONNELLY (Road Improvements on County Road 14)

A02-85 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GERALD J. MENARD, JR. AND SARAH A. MENARD (Road Improvements on County Bridge No. 48-0.2-19)

A02-86 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO YOUTH CORPS ASSOCIATION

A02-87 CHANGE ORDER LETTER #2 REGARDING AGREEMENT OF THE BOARD OF COUNTY COMMISSIONERS BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE (Increase Funds for Residential Services)

D02-15 DEED OF DEDICATION OF RIGHT-OF-WAY OF PROPERTY AS A PUBLIC HIGHWAY USE BY THOMAS M. CONNELLY AND PATRICIA A. CONNELLY

R02-118 FINDINGS AND RESOLUTION APPROVING HIDDEN VALLEY ESTATES II PRELIMINARY RURAL LAND PLAN

R02-119 FINDINGS AND RESOLUTION APPROVING THE HIDDEN VALLEY REVISED PRELIMINARY RURAL LAND PLAN

R02-120 FINDINGS AND RESOLUTION APPROVING THE IRONWOOD PLAZA COMMERCIAL CONDOMINIUMS

R02-121 FINDINGS AND RESOLUTION APPROVING THE WAGNER MINOR LAND DIVISION

R02-122 FINDINGS AND RESOLUTION APPROVING AN AMENDMENT TO THE SWIFT ADDITION TO THE FOSSIL LAKE PLANNED UNIT DEVELOPMENT

R02-123 FINDINGS AND RESOLUTION APPROVING THE HORSE CREEK RANCH FINAL PLAT

MISCELLANEOUS: Amended Plat of Lots 9 & 10 Interchange Business Park; Amended Plat of a Portion of Lot 6 Floyd Hicks Subdivision; Amended Plat of Part of Tract 7 Highland Place; Amended Plat of Lot 3 Hodges Minor Residential Development; Permanent Easement Granted to Colorado Department of Transportation.

Motion carried 3-0.

  1. DELEGATION OF AUTHORITY TO GRANT REQUEST FOR CERTAIN POLICY WAIVERS: Mr. Gluckman noted that the Board had previously approved granting authority to the County Manager to approve certain policy waivers; he then outlined the specific waivers that the Board could delegate.
  2. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve proposed delegations of authority to the County Manager for the approval of waivers to the Larimer County Personnel Policy Manual in accordance with Section 107, Section 214, Section 331.5A.II.E.3, Section 612.d, Section 331.5A.VIII.E.1, 2, & 3, Section 613.a.3, and Section 331.5A.II.H.2.a.

    Motion carried 3-0.

  3. BOND RESOLUTION FOR FERNDALE AND LIN MAR LID's: Mr. Burns and Ms. Sanders presented the bond documentation for the Board's signature regarding these two projects. Mr. Burns noted that the interest rates would vary between 3% and 5.58% for both projects. At this point Commissioner Rennels noted her support for the resolutions but then excused herself from the meeting momentarily.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the issuance of special assessment bonds in the amount of $225,000 for Local Improvement District #2000-1 Ferndale/Godinez Subdivisions.

Motion carried 2-0.

R02-124(a) RESOLUTION AUTHORIZING THE ISSUANCE BY LARIMER COUNTY, COLORADO, OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $225,000, FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2000-1 (FERNDALE/GODINEZ SUBDIVISIONS); PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST THEREON; PROVIDING FOR THE SALE OF THE BONDS; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the issuance of special assessment bonds in the amount of $325,000 for Local Improvement District #2000-2 Lin Mar Subdivision.

Motion carried 2-0.

R02-125(b) RESOLUTION AUTHORIZING THE ISSUANCE BY LARIMER COUNTY, COLORADO, OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $325,000, FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2000-2 (LIN MAR SUBDIVISION); PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST THEREON; PROVIDING FOR THE SALE OF THE BONDS; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH

7. COMMISSIONER REPORTS: The Board reviewed their activities of the previous week. (Commissioner Rennels re-joined the meeting.)

8. HIDDEN VALLEY RURAL LAND USE PLAN PROJECT (R.L.U.P.): Mr. Reidhead updated the Board on the Hidden Valley R.L.U.P. and requested a special meeting of the Board to grant final approval on this item July 3, 2002. Mr. Reidhead noted that the project is a complex one and he explained the specifics, particularly the dedication of the existing trailhead with access from Wild Lane, with the ability to expand the parking area. Mr. Reidhead also noted that several documents and agreements, including the de-annexation from the City of Loveland of the 32-acre Crowder property, will accompany the final plat. Ms. Hart informed the Board that they could hold the special meeting on July 3, 2002 between 1:30 and 3:30 p.m. The Board agreed to hear the item at that time. Mr. White explained that negotiations have been on-going with the Hidden Valley RLUP developer to resolve access and trailhead issues pertaining to Devil's Backbone Trail; he noted that they have finally come to verbal agreement on these issues and outlined them as follows: 1. Open Lands will pay Rock Development $60,000 for title to Residual Lots D and E, which will allow development of a new trailhead and give Open Lands title to existing trail location. 2. Open Lands will pay Rock Development $188,067 for an access easement from Highway 34 to the trailhead, through the Hidden Valley Development.

M O T I O N:

Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $60,000 to acquire title to Residual Lots D & E, Hidden Valley Rural Land Use Plan, and to approve the expenditure of $188,067 to acquire access easement through Hidden Valley Rural Land Use Plan to serve the trailhead for Devil's Backbone Trail.

Motion carried 3-0.

R02-126 RESOLUTION TO PURCHASE RESIDUAL LOT D & E AS SHOWN ON THE PLAT OF THE HIDDEN VALLEY RLUP

R02-127 RESOLUTION TO PURCHASE AN ACCESS EASEMENT THROUGH HIDDEN VALLEY RLUP FROM ROCK DEVELOPMENT FOR THE DEVIL'S BACKBONE TRAIL

9. RURAL LAND USE PROJECTS: Mr. Reidhead requested permission to allow two Rural Land Use Projects (the Alverson RLUP and the Big Valley RLUP) to proceed to the Board of County Commissioners for final approval on their projects without the recommendation of approval from the County Engineering Department. Some discussion ensued with the Engineering staff regarding whether or not the Board wanted Appendix G to be the absolute minimum standard for approving projects, and if so then the Engineering Department stated that these two projects should be requesting a variance of the standard rather than exemption from Engineering approval. The Board agreed and asked Mr. Reidhead to have the applicants go through the variance process.

  1. ALTERNATIVE SENTENCING UNIT RESOLUTIONS: Lt. Russell and Ms. Hersch explained that recent legislation allows for the community service offender fee to be increased due to rising numbers and higher costs to administer these programs. Lt. Russell also explained that the statute for recovery of inmate cost of care was instituted for the Workender/Midweek Programs in 1999 at a cost of $25.00 per inmate sentence to help defray the cost of the program. She noted that the Alternative Sentencing has seen a huge increase in the number of inmates served in those programs, but staffing and administrative costs have not been increased to keep up with the needs of the program. Lt. Russell noted that requests for additional staffing and administrative costs would be proposed at a later date in line with the projected increase in revenue.
  2. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Resolution increasing the fees for those inmates sentenced to the Larimer County Sheriff's Workender/Midweek Inmate Work Crew Programs a per jail sentence fee of $35.00.

    Motion carried 3-0.

    R02-128 RESOLUTION SETTING WORKENDER/MIDWEEK INMATE FEE FOR INMATES

    Ms. Hersch explained that they are also requesting that the Board appoint the Alternative Sentencing Unit as the administrator of this program for Larimer County; she noted that other counties across the state have non-profit organizations competing to administer the program, but so far in Larimer County the Sheriff's Department Alternative Sentencing Unit has had primary responsibility for this program. At this time Mr. Ayraud asked the Board to go into Executive Session.

    Executive session tape # 66

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402-(4) (b) C.R.S.

    Motion carried 3-0.

    The Board came out of Executive Session and took the following action:

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Resolution increasing fees for those offenders sentenced to Useful Public Service/Community Service a per case fee of up to $80.00, and designate the Alternative Sentencing Unit of the Larimer County Sheriff's Department as the authorized agency for the monitoring of Community Service/Useful Public Service Program.

    Under discussion of the motion Chair Gibson stated that the Resolution, as presented, did not allow for enough flexibility in the Alternative Sentencing Unit Program.

    Motion carried 2-1 with Chair Gibson dissenting.

    R02-129 RESOLUTION SETTING USEFUL PUBLIC SERVICE FEE FOR OFFENDERS

  3. VIRGINIA DALE STAGE STOP: Mr. Engemoen noted that property owners along County Road 43F, which connects US 287 to the historic Virginia Dale stage stop, have requested that the County vacate this public right-of-way. Mr. Engemoen explained that he has uncovered some additional information which indicates the road that forks off to the north of CR 43F is not a private road, but is actually a public road and if the County were to vacate CR 43F then it would isolate the other public portion of the road. Mr. Engemoen requested direction from the Board to proceed with the vacation of the ROW for CR 43F, or to discontinue any efforts to pursue this ROW vacation at this time. Some discussion ensued and the Board agreed that the property owners would need to pursue the vacation of these roads. Mr. Miller asked the Board what to do about the locked gates that are restricting access to these public roads; he explained that Road and Bridge has just been maintaining the roads up to the gate. The Board stated that the gates should remain unlocked until this issue is resolved.

12. EXECUTIVE SESSION REGARDING LAND ACQUISITION - TAPE # 66:

M O T I O N

Commissioner Bender moved that the Board go into Executive Session for purchase acquisition, lease, transfer or sale of any real or personal property interest as outlined in 24-6-402-(4) (a) C.R.S.

Motion carried 3-0.

The Executive Session ended and no action was taken. At this time Commissioner Rennels excused herself for the remainder of the meeting.

13. BOARDS AND COMMISSIONS APPOINTMENTS AND EXTENSIONS: Ms. Keen reviewed the following appointments and extensions to Boards and Commissions: Agricultural Advisory Board: Lewis Grant, Minerva Lee, and Phil Teeter for a six month term extension expiring Jan 1, 2003. Community Corrections Advisory Board: Paul Cooper, Lou Nagy, Jennifer Rehder, and Tanya Tisher for a six month term extension expiring Jan 1, 2003. Office on Aging Advisory Council: Loren Due, Peggy Haller, and Johanna Inman, all appointed for a three-year term expiring Jun 30, 2005. Planning Commission: Ray Dixon, and Len Roark for a three-month term extension expiring October 1, 2002.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the appointments and term extensions to the various Boards and Commissions as outlined above.

Motion carried 2-0.

14. LEGAL MATTERS: None.

The meeting adjourned at 12:05 a.m., no further action taken.

_________________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Gael M. Cookman, Deputy County Clerk

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