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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, NOVEMBER 1, 1994

PUBLIC WORKS STANDING MEETING

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The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Bob Felsburg, of Felsburg, Holt & Ullevig Consulting Firm, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Larimer County Transportation Plan - Review of Preliminary Goals: Mr. Felsburg submitted a schedule of the upcoming Larimer County Transportation Plan Kick-Off Meetings which are being held to provide an opportunity for the public to review and discuss the goals of the Transportation Plan, to identify transportation issues, and to voice their concerns and offer comments. Mr. Felsburg stated that these meetings are being held in Estes Park, Red Feather Lakes, Wellington, and at the Fort Collins-Loveland Airport on November 9, 10, 15 & 17, 1994. Mr. Felsburg invited the Board to attend any or all of these meetings, if their schedule permits, and notices of these meetings will be placed in area-wide newspapers and given to the local radio stations. Mr. Felsburg also submitted a list of the goals of the Larimer County Transportation Plan, noting that the main goal is to develop a balanced and realistic transportation system which is widely supported by the citizens of Larimer County. Mr. Felsburg reviewed the ten goals with the Board and requested them to make comments and offer suggestions for revisions, additions, etc. Questions from the Board and general discussion followed. With regard to the multi-modal issue, Mr. Smith wanted clarification regarding whether the Board's position is the same as his own; he does not want this issue blown out of proportion whereby 80% of the resources are designated for it - he wants the plan to be realistic. The Board concurred with Mr. Smith's thoughts about the multi-modal issue.

At this time, Chair Duvall left the meeting to attend a meeting at Colorado State University.

2. Letter from Homeowner's Association near Summit View and Vine: Mr. Smith referred to a letter the Board recently received from the Homeowner's Association in the Summit View and Vine Drive area regarding the condition of the railroad crossing at this site. Mr. Smith noted that Ms. Spencer of Engineering has contacted the railroad company about the problem; they responded that if the county will pay for a concrete crossing, approximately $6,000, the railroad company will install it. Mr. Smith stated that funds for this expenditure could be derived from the street fees which have been collected for the northeast quadrant. The Board concurred with this expenditure and directed Mr. Smith to proceed.

3. Discussion of Legislation Regarding Right-of-Ways on Public Lands: Mr. Smith informed the Board that in the last two or three years there has been an attempt by extreme environmental groups to get Congress to pass legislation which would eliminate right-of-ways across public lands. Their intentions are to have almost impossible deadlines to meet for identifying right-of-ways and have extremely demanding requirements on how right-of-ways are documented; Mr. Smith stated that in some counties it would be cost prohibitive to meet these requirements. Mr. Smith noted that currently they have backed off from their stance to include all public lands, as they couldn't get the required political support, and are concentrating their efforts on just Bureau of Land Management (BLM) Lands; this groups motive is to get this lesser legislation passed and then it would be much easier to extend it later to all public lands. Mr. Smith stated that at the present what they are proposing will have little impact on Larimer County because it doesn't include Forest Service land; however, if this legislation does pass in the future, Larimer County will be spending literally tens or hundreds of thousands of dollars to document right-of-ways. Mr. Smith stated that Larimer County Right-of-Way Agent Dot McKean is working with County Attorney George Hass on this matter, and Mr. Smith is drafting a letter, which he will bring to the Board for signature, to be sent to our elected officials to oppose this legislation; the Board concurred with this action.

4. Discussion Regarding Magnesium Chloride on the Buckhorn: Discussion followed concerning all the calls being received regarding the application of magnesium chloride on the Buckhorn.

5. Executive Session - Personnel Matter:

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session at 10:30 a.m. to discuss a personnel matter.

Motion carried 2 - 0.

The Executive Session recessed at 10:50 a.m.; no action taken.




PRESENTATION BY CITY OF FORT COLLINS NATURAL RESOURCES

DEPARTMENT OF "CONGESTION MANAGEMENT PLAN" PROJECT

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The Board of County Commissioners reconvened at 2:00 p.m. in regular session. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present; Chair Duvall was attending another meeting this afternoon. Also present were: Rex Smith, Director of Public Works; Elaine Spencer, Engineering; City of Fort Collins Representatives Gregg Byrne, Rick Ensdorff, Susie Gordon, Ken Waido, and Eric Brakke; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Byrne informed the Board that the City of Fort Collins, in cooperation with the North Front Range Transportation and Air Quality Planning Council, has developed a Congestion Management Plan. Mr. Byrne stated that the purpose of today's presentation is to explain to the Board the Congestion Management Plan and describe why it is needed, how it will be implemented, and how it would help the City achieve its air quality, land use and transportation objectives. Mr. Byrne provided the background for the Congestion Management Plan and noted that this project is being funded through the Metropolitan Planning Organization (MPO) because Fort Collins was in violation of the national air quality standards in the past, and they took advantage of this opportunity to expand the scope of the study way beyond what the Feds envisioned to involve a very broad segment of the community. Mr. Byrne submitted the technical document and findings and recommendations to the Board and made a slide presentation outlining the Congestion Management Plan. Much discussion followed; Commissioner Hotchkiss stated that he agrees with all the facts presented today, but asked how we do we get this information out to the people. Mr. Ensdorff responded that they will be making this same presentation to as many groups as possible in the near future in an attempt to develop public awareness of the problem. Mr. Bryne stated that the problem exists population is growing at 2.8% and travel growth is at 3.6% and vehicle travel should grow at the same rate as population. Mr. Smith stated that people have to change their value systems to make this plan work; Mr. Bryne noted that with this plan they are not telling people they can't use their cars, they are just offering some reasonable alternative options.

The meeting adjourned at 3:05 p.m.

WEDNESDAY, NOVEMBER 2, 1994

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Melanie Hein and Loren Maxey, Fort Collins Chamber of Commerce; Personnel Director Ralph Jacobs; Patsi Maroney, Compensation & Benefits Specialist; Dr. Keith Olson, Mental Health Director; Doug Keasling, Social Services Director; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. CHAMBER GOVERNMENT COLLABORATION PRESENTATION: Ms. Hein presented a Statement of Government Collaboration to the Board, as drafted by the Chamber of Commerce Legislative Affairs Committee, which encourages local units of government to collaborate on future tax increases. Mr. Maxey stated that currently there is no coordination between the local units of government which allows the voting public to assess how much or how frequently they are going to be asked to increase taxes. Ms. Hein stated that the City of Fort Collins and the Poudre R1 School Board will also be asked to adopt this Statement of Government Collaboration, and if adopted, a coordinated three-to-five year capital improvement plan could be drafted between the local units of government. Mr. Maxey read the complete Statement aloud to the Board; discussion and Commissioner comments followed. The Board stated that in theory the Statement of Government Collaboration is a good idea, but it is not realistic and in practice it probably won't work. Chair Duvall informed the Chamber representatives that the County is currently working on a five-year capital expenditures plan and she presented a flow chart of Economic Development and Growth showing the relationship of increased population and the resulting demand for infrastructure, facilities and services. The cycle further shows that if revenue from growth doesn't cover cost of services, there is an erosion of quality/quantity of life issues and dissatisfaction with government. Chair Duvall requested the Chamber's cooperation and help in coordinating the complete cause and effect cycle as shown on the chart. The Board informed Ms. Hein and Mr. Maxey that the Statement of Collaboration is a good idea and they hope to work with the Chamber and have continued discussions with them regarding this concept of government collaboration.

2. DISCUSSION OF 1995 SALARIES: Mr. Jacobs stated that the purpose of today's meeting with the Board was to discuss the revised 1995 Pay Plan with the Board; however, some late-breaking developments on the medical insurance situation have occurred and need to be resolved first. Mr. Jacobs informed the Board that Blue Cross/Blue Shield is taking the position that they are going to insist on a 27% increase; however, several alternatives have been found which would cost considerably less and there are several proposals which would actually result in a reduction in premiums. Mr. Jacobs stated that Ms. Maroney will be meeting with the Employee Insurance Committee today to discuss this matter and tomorrow they will be interviewing two companies proposing the good rates and, at that time, will receive more details regarding the proposals. Mr. Jacobs further stated that during the Personnel Meeting scheduled for Tuesday, November 8, 1994, they should have a specific proposal and dollar cost to present to the Board and will also discuss the 1995 Pay Plan at that time. The Board asked that when the prospective companies are interviewed, they give their assurance that if their company is chosen to be the insurance carrier for the county that the rates won't be greatly increased the following year.

3. DISCUSSION OF DETOX PROPOSAL: Mr. Lancaster reminded the Board that during a meeting on August 17, 1994 regarding a request for additional funding for enhancement of transportation and case management services for inebriated persons requiring alcohol detoxification services, the Board concurred with the enhancement of services, but felt the percentages paid by each governmental entity were out of balance. Therefore, they requested a special committee be appointed to ascertain why the percentage paid by Larimer County is so much higher than the other entities. Today, Dr. Olson reported that he met with the other entities and they agreed that the county's share was too high - Larimer County pays 76%, Fort Collins 15%, and Loveland 8%. As a result of that meeting, it was agreed that the percentages will be revised to Larimer County 49%, Fort Collins 19%, Loveland 12% and the State Alcohol and Drug Abuse Division 19%. Dr. Olson recommends that the Board approve the funding increase for one year only, enter into a contract for performance accountability, and designate a responsible party for the collection and dissemination of data. CONSENSUS OF THE BOARD was to approve the request for an increase in funding to Island Grove for the enhancement of transportation and case management services, designate Dr. Olson to be the responsible person to oversee the funding and services, and direct Dr. Olson to work with Mr. Lancaster in creating a contract for services. Chair Duvall expressed appreciation to Dr. Olson for his work and efforts in effecting this percentage change.

4. APPOINTMENT TO RESTRUCTURING COMMITTEE: Mr. Keasling submitted a list of recommended persons to serve on the Human Service Restructuring Committee and requested Board approval; he informed the Board that in addition to the two appointments, Shelly McGraw and Larry Grauberger will also serve on the committee but do not need official appointment by the Board. As this Committee is not the Board's Committee, Mr. Keasling asked if their meetings be listed for publication with the Board's agenda; Mr. Lancaster recommended that the meetings should be listed to keep everyone informed. Mr. Keasling noted that their first organizational meeting will be on November 16, 1994 at 1 p.m. at Blue Spruce.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Olivia Miller and Beth Johnson to serve on the Human Service Restructuring Committee, as recommended by Mr. Keasling.

Motion carried 3 - 0.

5. APPOINTMENTS TO THE FAIR BOARD:

M O T I O N

Commissioner Hotchkiss moved that the Board make the following appointments to the Fair Board: Jon Stephens for a three-year term ending November 30, 1997 and Randal L. Stephens for a two-year unexpired term ending November 30, 1996, as recommended by the Fair Board.

Motion carried 3 - 0.


6. WORKSESSION:

-- Invitation from City of Loveland for Joint Meeting: Mr. Lancaster stated that the City of Loveland would like to sponsor a joint meeting with the Board this month; after reviewing the Board's calendar, Mr. Lancaster noted that the only date available to meet is November 14, 1994. The two topics for discussion will be: 1) An Intergovernmental Agreement on Land Use, and 2) Airport Items; the Board concurred with Mr. Lancaster's suggestion of November 14, 1994 at 5:30 p.m. for this joint meeting.

-- Interviews for Controller: Mr. Lancaster stated that Bob Grewell, Finance Director, asked if the Board would like to be involved in the selection process for the Controller's position; the job announcement closes on Friday, November 4, 1994 and there have been approximately 200 applications. Commissioner Hotchkiss volunteered to serve on the selection committee when the number of applicants is narrowed down for the interview process.

-- Discussion of "Hot Pink" ASAP slips: Chair Duvall stated that the "Hot Pink" ASAP notices are ineffectual as they are used so often and have lost their effectiveness and they also serve the same purpose as the Priority File. Commissioners Disney and Hotchkiss indicated they have no problem with them. After discussion, Mr. Lancaster agreed that in the future more information will be included with the "Hot Pink" slips and usage of them will be reduced.

-- Discussion Items for Policy Worksession: Mr. Lancaster stated that the items to be discussed during tomorrow's Policy Worksession will be: 1) Discussion of the relocation of the Emergency Management Department, and 2) Goals the Board wants to accomplish during the remainder of Commissioner Hotchkiss's term.

-- Board Invitations: Ms. Hart reviewed the following invitations with the Board: 1) CCI Conference - November 28 through December 1, 1994 in Colorado Springs; all the Commissioners plan to attend, along with Mr. Lancaster and the newly elected incoming Commissioner will be invited; 2) Budget Hearings - November 15 in Loveland and November 16, 1994 in Estes Park - Commissioner Disney will attend; November 17, 1994 in Fort Collins - Chair Duvall and Commissioner Hotchkiss will attend.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Planning Director John Barnett, and Zoning Administrator Jerry White joined the meeting for Legal Matters.

1. Discussion of Amendment #12: As clarification of Amendment #12 was requested previously, Mr. Hass informed the Board that he assumes that if Amendment #12 does pass on November 8, 1994 it will become effective on November 9, 1994, even though the language in the Amendment does not make that clear. As far as the immediate impact is concerned, Mr. Hass noted that Amendment #12 will only affect decisions which the Board makes that are subject to the referendum and a 90-day delay process; however, no one has a good analysis as to what decisions will be subject to the 90-day petition process and which decisions will not.- Amendment #12 is impossible to decipher. As far as the county is concerned, Mr. Hass thinks that anything that has been traditionally thought of as legislative will be subject to the 90-decision delay process and the things that are not subject to the 90-day delay are the routine administrative matters; any legislative decision will be automatically postponed for 90 days. Mr. Hass stated that aside from the obvious legislative things and administrative things, there is a huge gray area. In essence, if a decision is made, it can't go into effect for 90 days and if a petition is submitted in that 90-day period then the decision may be delayed until the next election, which could be up to two years or be taken to court and challenged. Mr. Hass discussed liability and how this will affect pay raises - he stated that if Amendment #12 passes, it will strip all dignity from elected officials.

2. Resolution Designating $1.4 Single Family Mortgage Revenue Bonds: Mr. Hass stated he has reviewed the Resolution to Delegate $1.4 of Larimer County Single Family Mortgage Revenue Bonds to Boulder County; however, there is an additional clause he suggested be added to the Resolution and they have agreed to do so. As soon as the resolution is received, Mr. Hass will bring it to the Board for approval and the Chair's signature.

3. Proposed Changes to Zoning Resolution: Ms. Haag informed the Board she recently sent a memo to the Board of proposed changes to the Zoning Resolution regarding 35-acre parcels; before proceeding with discussion of these changes, Ms. Hagg noted she is requesting feedback from the Board on the concept and/or if the Board would like to schedule a worksession to discuss this matter further or if the Planning Department should go forward with it, etc. Basically, Ms. Hagg stated that the change is a supplemental regulation that applies to single family dwellings in any zone, which is going to be constructed on a parcel of 35 acres or greater. Ms. Haag noted that currently when a developer comes in to subdivide and create lots of 35 acres or less, the county has the jurisdiction through their subdivision powers to look at health and safety issues in terms of adequate sewer and water, utilities and roads, etc.; this proposed regulation would bring 35-acre parcels into that same arena and allow the Zoning Administrator to review the plan and he may establish certain conditions which have to be met to address these issues. Ms. Haag stated that it is not a discretionary kind of review at all, the county cannot deny anybody the right to build the home, it is just that they will have the right to impose some kind of reasonable conditions to mitigate adverse impacts from that construction; and prior to construction, those conditions either need to be met before a Certificate of Occupancy is issued. If an individual believes that the conditions that are being requested are unreasonable or unnecessary, they have the opportunity to appeal to the Board of County Commissioners. After discussion, the Board requested that a separate worksession be scheduled to discuss this matter further.

4. Discussion of Liquor License Change of Ownership Applicant: Discussion followed regarding an applicant who has applied for a Change of Ownership for a Liquor License; a background check of the fingerprints showed there was an incident of criminal trespassing related to a divorce situation; those charges were later dropped. Mr. Lancaster asked if the Board would like to have a hearing on this Change of Ownership. After discussion, the Board decided they would like to schedule a hearing to meet the applicant and make him aware of the seriousness of holding a liquor license.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:05 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 11:15 a.m.; no action taken.

At this time, Chair Duvall left the meeting for another engagement.

7. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Disney moved that the Board approve the minutes for the week of October 24, 1994 and the Agenda for the week of November 7, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Pope Minor Residential Development Plat (#94-EX0466) and the Highland Hill 2nd Filing Plat.

Motion carried 2 - 0.

LIQUOR LICENSES: Licenses were issued to the Rock Inn Steakhouse - 6% WITH EXTENDED HOURS - Estes Park, CO. and Schrader Country Store #440 - 3.2% - Fort Collins, CO. County Approval was granted to Vern's Liquor - 6% - LaPorte, CO., the Mexican Inn - 6% - Loveland, CO., Masonville Store - 3.2% - Masonville, CO., Fossil Creek Conoco - 3.2% - Fort Collins, CO., Red Feather Carry Out - 6% - Red Feather Lakes, CO., and the Red Feather Cafe & Bar - 6% - Red Feather Lakes, CO.


M O T I O N

Commissioner Disney moved that the Board approve the following documents:

R94-137s FINDINGS AND RESOLUTION DENYING THE PRELIMINARY

PLAT OF CASHMERE DOWNS SUBDIVISION

R94-138g RESOLUTION PROVIDING FOR THE CANCELLATION OF

STALE LARIMER COUNTY WARRANTS

Motion carried 2 - 0.

The meeting adjourned at 11:25 a.m.


_______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



______________________________________

Sherry E. Graves, Deputy County Clerk

November 1, 1994

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