> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/26/05  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JULY 25, 2005

 

There were no Land Use Hearings held on this day.

 

TUESDAY, JULY 26, 2005

 

ADMINISTRATIVE MATTERS

(#74)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster, Chair Rennels presided and Commissioner Wagner was present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Carol Block, and Kurt Hayhurst, Finance Department; Rob Helmick, and Al Kadera, Planning Department; Dave Spencer, Babette Cornell, and Mike Millsapps, Facilities Department; Joe Ferrando, Community Corrections Department; Jay Hardy, Fairgrounds and Events Center; Marc Engemoen, Public Works Department; Laurel Kubin, County Extension Office; Sherrie Swisher, Clerk & Recorder's Office; George Hass, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   There was no public comment.

 

2.  CONVENE AS THE COUNTY BOARD OF EQUALIZATION:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners convene as the County Board of Equalization.

 

Motion carried 2-0.

Ms. Cookman presented the Board of Equalization referee recommendations for July 15, 18, 19, 20, 21, 22, and 25, 2005, and requested approval on the same.

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Board of Equalization referee recommendations for July 15, 18, 19, 20, 21, 22, and 25, 2005.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners reconvene as the Board of County Commissioners.

 

Motion carried 2-0.

 

3.   APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 18, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of July 18, 2005, as amended.

 

Motion carried 2-0.

 

4.  REVIEW THE SCHEDULE FOR THE WEEK OF JUNE 20, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

5.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 26, 2005:

 

07262005A001           LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS BY AND BETWEEN THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES FOR THE USE AND BENEFIT OF THE DIVISION OF WILDLIFE AND WILDLIFE COMMISSION

 

07262005A002           LARIMER COUNTY LAYOFF WAIVER AND RELEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND DEBORAH K. HULLINGER

 

07262005A003           LARIMER COUNTY LAYOFF WAIVER AND RELEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND SUSAN E. MARKUSIC

 

07262005A004           WARRANTY MEMORANDUM FOR LANDSCAPE IMPROVEMENTS FOR IRONWOOD PLAZA PLANNED LAND DIVISION (01-S1900) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CARL AND JULIE BRUNSWIG

 

07262005D001           DEED OF DEDICATION BY TIMNATH LAND AND CATTLE CO. I, LLC OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

07262005D002           DEED OF DEDICATION BY DAVID W. LORENZ AND ANTOINETTE G. M. LORENZ OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

07262005D003           DEED OF DEDICATION BY POUDRE SCHOOL DISTRICT OF SAID PROPERTY AS A PUBLIC HIGHWAY (Old Legacy Drive Regarding Kinard Junior High School)

 

07262005D004           DEED OF DEDICATION BY POUDRE SCHOOL DISTRICT OF SAID PROPERTY AS A PUBLIC HIGHWAY (Trilby and Ziegler Roads Regarding Kinard Junior High School)

 

07262005R001           FINDINGS AND RESOLUTION APPROVING THE SYKES MINOR LAND DIVISION

 

07262005R002           FINDINGS AND RESOLUTION APPROVING THE PERRY VACATION OF UTILITY EASEMENT

 

07262005R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF HARVEY ROLLING HILLS PLANNED LAND DIVISION

 

07262005R004           FINDINGS AND RESOLUTION APPROVING THE JENKS EXEMPTION PARCEL "A" AMENDED PLAT

 

07262005R005           FINDINGS AND RESOLUTION APPROVING THE CHANNELL APPEAL

 

07262005R006           FINDINGS AND RESOLUTION APPROVING THE GENESIS LABORATORIES APPEAL

 

07262005R007           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT FOR LOTS 3, 4 AND 5, BLOCK 5, REPLAT OF A PART OF PLEASANT ACRES 2ND SUBDIVISION

 

07262005R008           FINDINGS AND RESOLUTION APPROVING THE AUBURN ESTATES CONSERVATION DEVELOPMENT PRELIMINARY PLAT

 

07262005R009           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE WARD-BOYD PIT AMENDED SPECIAL REVIEW APPEAL

 

07262005R010           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 33-75 OF POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT

 

LIQUOR LICENSES:  The following licenses were approved and issued:   Bohemian Cottage Restaurant - Hotel & Restaurant - Loveland; Rainbow Plaza - Tavern - Loveland; Sol's Long Branch Saloon - Tavern - LaPorte.  The following licenses were issued:  Rotary Club of Fort Collins Foothills - 6% Special Events Permit - Fort Collins; Fort Namaqua Liquors - Retail Liquor Store - Loveland; US Bar and Grill - Hotel & Restaurant Transfer of Ownership - Fort Collins.

 

Motion carried 2-0.

 

 6.   REVIEW OF THE 2004 FINANCIAL STATEMENTS AND AUDITOR'S FINDINGS AND RECOMMENDATIONS:  Ms. Block presented the 2004 Comprehensive Financial Report, noting that as required by State statute, the financial statements have been audited by Grant Thornton LLP, an independent firm of public accountants.  Ms. Block then introduced Dennis Yockey and Jodi Cates, representatives of Grant Thornton LLP.  Mr. Yockey gave a brief presentation and touched on the financial highlights and fund activities included in the report.   Mr. Lancaster informed the Board that the report is available, in its entirety, on the County's website.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the 2004 Comprehensive Financial Report.

 

Motion carried 2-0.

 

7. RECOGNITION OF FINANCIAL REPORTING EXCELLENCE BY THE GOVERNMENTAL FINANCE OFFICERS ASSOCIATION:   The Board recognized and congratulated the County Finance Division for being awarded the 2003 Governmental Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting.  Chair Rennels noted that this was the twenty-second year in a row the Finance Division has earned this award.  

 

8.  FIRST READING OF LARIMER COUNTY ALARM SYSTEM ORDINANCE:  Mr. Lancaster presented the Larimer County Security Alarm Ordinance, noting that the first reading essentially announces the ordinance, and that discussion of the content will take place at a public hearing within a designated time frame, usually between 10 - 30 days after the first reading.  Mr. Lancaster briefly explained the need for the ordinance in that the Sheriff's Department spends a great deal of time responding to false alarms, and the ordinance will concentrate on this issue.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the First Reading of the Larimer County Security Alarm System Ordinance. 

 

Motion carried 2-0.

 

9.  APPEAL TO EXPAND A NONCONFORMING RESIDENCE:  Mr. Helmick explained that there is an existing single-family residence at the south end of Horsetooth Reservoir that was constructed closer to the front property line than allowed, and the owner now wishes to add-on to the residence to increase living space.   Mr. Helmick stated that the appeal does not involve County Master Plan issues, it does not present any significant policy issues, and it is a relatively minor project; therefore, he recommended that this appeal not be forwarded to the Planning Commission for review. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners accept the recommendation of the Planning Department to not refer the Johnson Appeal (File #05-G0084) to expand a nonconforming residence to the Planning Commission for review and recommendations. 

 

Motion carried 2-0.

 

10.  SET A HEARING FOR THE GROVES METROPOLITAN DISTRICTS:  Mr. Helmick explained that State statute requires the Board of County Commissioners to formally set the hearing to consider the application for the Groves Metropolitan Districts.  Mr. Helmick noted that the date has been selected and public notice and advertising is in place for this date.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners set the public hearing for the Groves Metropolitan Districts 1, 2, & 3, File #05-G0081, to be held at 6:30 p.m., on Monday, August 8, 2005, in the Board of County Commissioners Hearing Room, 1st floor, 200 West Oak Street, Fort Collins, Colorado.

 

Motion carried 2-0.

 

11.  FOLLOW UP DISCUSSION ON COMMUNITY CORRECTIONS AND LOVELAND FACILITY NEEDS:  Mr. Spencer explained that the Board had requested an approximate amount of what it might cost to build a facility in Loveland to accommodate moving the Loveland offices to a central location and to expand the building that houses the Community Corrections Department.  Mr. Spencer estimated that it would cost $4,000,000 to build and expand the facilities, and an additional $150,800 to support operations of the buildings, all of which would be funded through the General Fund.  Mr. Spencer stated that expansion of the Community Corrections facility would take some pressure off of the Detention Center, and that it is a lot less expensive to house an offender in the Community Corrections facility versus the Detention Center.   Mr. Ferrando stated that they would be able to provide an additional 150 beds for their clients, and further explained how the fees are paid by both the client and the State.   Chair Rennels commended staff on their efforts to present a solid proposal that combines both private enterprise and public systems.  Commissioner Wagner stated that she was pleased that the public had been kept informed regarding both of these issues.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve moving forward with the expansion of the Community Corrections Facility.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve of constructing a new building at the corner of 10th Street and Hayes Avenue in Loveland, to house the various programs that are currently in facilities in downtown Loveland.

 

Motion carried 2-0.

 

12.  REQUEST FOR WAIVER OF POLICY TO ALLOW COOPERATIVE EXTENSION STAFF TO BE ISSUED COMMERCIAL PURCHASING CARDS:  Mr. Lancaster requested a waiver of policy to allow the County Extension Office employees to be issued commercial purchasing cards.  Mr. Lancaster noted that current policy indicates that the cards can only be issued to County employees; however, the Extension Office has also has staff that are employees of the Colorado State University.  

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve a waiver to OPS 320-22 I-A to allow employees of the Larimer County Cooperative Extension Office who are employees of Colorado State University to be issued Commercial Purchasing cards.

 

Motion carried 2-0.

 

13.  PRESENTATION OF JULY POLICY GOVERNANCE COMPLIANCE REPORT:  Mr. Lancaster presented his quarterly Policy Governance Report, noting that a $13.00 expenditure that occurred was posted in the wrong area; however, this item will be corrected.  Mr. Lancaster reported compliance in all other areas.

 

M O T I O N

 

Commissioner Wagner moved that the Board County Commissioners approve the July Policy Governance Compliance Report.

 

Motion carried 2-0.

 

14.  WORKSESSION:  Mr. Lancaster stated that Ginny Riley, Human Services Director, has requested that Judy Griego represent both Weld and Larimer County on the House and Senate Committee for Health and Human Services.  The Board was agreeable to this request.

 

Mr. Lancaster requested direction and clarification from the Board regarding the 1041 Powers option for Counties to use as a tool for having more of a say in issues that are dictated by the State and Federal Government that directly affect the County.  Both Chair Rennels and Commissioner Wagner stated that they were in favor of staff pursuing adopting 1041 Powers for Larimer County.

 

Finally, Mr. Lancaster reviewed which items the Board wished to list as discussion points at the upcoming joint meeting with Weld County.

 

15.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

16.  LEGAL MATTERS:   Mr. Hass explained that a local business, Lil's Gambler Steakhouse, is in violation of the Sign Code and the Planning Department is requesting the Board authorize legal action in order to cure the violation.  Mr. Kadera stated that the business has been cited in the past for the same violation, and then waited the entire 30 days to remove the sign.  Mr. Kadera stated that the sign is now back in place and they are in violation again.   Chair Rennels questioned if there was more than one sign in violation pertaining to this business as she seems to recall seeing additional signs advertising the same establishment.  Mr. Kadera stated that there could well be additional signs that are in violation of the Sign Code. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the legal action against Lil's Gambler Steakhouse for any signs that have been placed without a permit involving Lil's Gambler Steakhouse.

 

Motion carried 2-0

 

EXECUTIVE SESSION - (Tape #75.)

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402 (4) (e) C.R.S.

 

Motion carried 2-0.

 

The meeting adjourned at 11:35 a.m., with no further action taken.

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk