PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
TUESDAY, NOVEMBER 1, 1994
PUBLIC WORKS STANDING MEETING
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,
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
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
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
(#149 & #147 @ 3200)
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
Motion carried 3 - 0.
-- 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
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
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
M O T I O N
Commissioner Disney moved that the Board approve the following
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 )
Sherry E. Graves, Deputy County Clerk
November 1, 1994