PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 21, 1995

LAND-USE PLANNING MEETING

(#343)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Richael Michels and Carol Evans, Planners I; Rob Helmick, Planner II; Al Kadera, Subdivision Administrator; Rex Burns, Engineering; Doug Ryan, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the Colorado Quality Research Amended Special Review until September 18, 1995.

M O T I O N

Commissioner Duvall moved that the Board table the Colorado Quality Research Amended Special Review (#95-ZR0700) until September 18, 1995, as requested.

Motion carried 3 - 0.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. CRYSTAL LAKES 8TH FILING, LOT 87 EASEMENT VACATION

(#95-SA0744): 11-10-74, CRYSTAL LAKES SUBDIVISION 148 SANTEE

COURT; .06 ACRES; E-1 ESTATE ZONING

This is a request to vacate 15 feet of an existing 30' foot path easement. Staff Findings include: 1) Vacation of a portion of this easement will not limit access to Crystal Lake; 2) A variance has already been granted by the Board of Adjustment to allow construction closer to the lot line than allowed by the zoning district on condition that this easement be vacated by the Board of County Commissioners; 3) Vacation of a portion of the easement will not adversely affect the health, safety, or welfare of existing residents. The Staff Recommendation is for approval of the vacation of the southern 15 feet of the access easement on Lot 87 of the 8th Filing of Crystal Lakes.

2. CROWN POINT ROW VACATION (#95-0S0736): 36-06-69; SOUTHEAST

CORNER OF ST. LOUIS AND 57TH STREET; FA-FARMING

This request is for partial vacation of St. Louis Avenue, BLA with an adjoining parcel and Amended Plat to reflect changes in the subdivision boundary. Staff Findings are: 1) The Crown Point Subdivision was platted in 1980; 2) All utilities, the Health Department, and the Engineering Department have signed off on the requests and have no concerns; 3) The applicants have provided the staff with the necessary supplementary material to complete the process; 4) This portion of the platted ROW is unused and unneeded. The Staff Recommendation is to approve the vacation of a portion of St. Louis Street and the 2nd Amended Plat of Crown Point Subdivision, with execution and completion of the concurrent BLA.

3. WILLCOXON SUBDIVISION (#94-SU0529): SE 25-04-70; NORTH SIDE

OF COUNTY ROAD 4, 1/2 MILE WEST OF COUNTY ROAD 23E;

17.32 ACRES, 2 LOTS; FA-1 FARMING ZONING

This is a request to divide a 17.32 acre lot with an existing residence into two lots of 2.5 acres and 14.8 acres for single family residential use. (This lot is Tract 4 of the Richard D. Smith MRD #S-24-87). Staff Findings include: 1) The proposed Willcoxon Subdivision is a re-plat of Tract 4 of the Richard D. Smith MRD. Utility service and fire protection are currently present and shared access to County Road 4 is proposed; 2) The property is located in an area designated as "Rural" by the Larimer County Comprehensive Land Use Plan. This proposal appears to be a low intensity use that meets the intent of the Land Use Plan and is consistent with existing development in the area; further development of this site is somewhat limited due to geologic constraints on the larger parcel; 3) The property is zoned FA-1 Farming. The proposed Willcoxon Subdivision complies with the minimum lot size requirement in this zoning district; 4) The Berthoud Board of Trustees recommends non-approval due to irregular lot configuration and the need for coordinated development; 5) Approval of the proposed Willcoxon Subdivision Preliminary Plat, with certain conditions, should not result in any significant negative impact on surrounding property, the natural environment, or the provision of services or transportation.

The Staff/Planning Commission Recommendation of June 21, 1995 is for approval of the Willcoxon Subdivision, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes; 2) An access permit shall be required for relocating the existing access to the common boundary line between Lots 1 and 2. The developer shall be responsible for the access relocation, including closing of existing access and construction of the new shared access. The access road or driveway shall provide an adequate turnaround area for emergency vehicles. A maintenance agreement addressing the shared responsibility of maintenance of the common access must be submitted to be recorded with the Final Plat; 3) The Final Plat shall indicate the building limitation for the north half of Lot 1 by showing the building envelope, as specified by the Colorado Geological Survey, as well as noting the building restriction on plat notes; 4) The following notes shall be placed on the Final Plat: a) The Section 2.8 Road Fee of $419.15 will be collected at building permit issuance for anew dwelling on Lot 2; b) Larimer County Park Fee of $315 will be collected at building permit issuance for a new dwelling on Lot 2; c) Engineered footing and foundations will be required for all construction on these lots. A site specific soils/foundation investigation shall be conducted for the specific location of any new dwelling; d) Radon tests will be required for all new dwellings. These tests shall be conducted after the structures are enclosed but prior to issuance of a Certificate of Occupancy; test results shall be submitted to the Planning Department; e) Prospective lot owners should be aware that there is a large quarry located to the west of this site. Heavy trucks use County Road 4 past these lots; f) Due to poor drainage characteristics, no permanently inhabited buildings shall be permitted on the north half of Lot 1; g) These lots are subject to an access maintenance agreement which is recorded along this plat; 5) School fees of $8 for the vacant lot shall be paid prior to Final Plat recording; recording fees shall be paid by the applicant; 6) All improvements associated with this development (access relocation, road construction, utility extensions) shall be included in a Subdivision Improvements Agreement, which shall be secured by appropriate collateral in a type and amount approved by the County Commissioners; 7) The developer shall submit written verification from the Little Thompson Water District that all required District fees have been paid (including impact fees) prior to recording the Final Plat. If the payment of these fees is not required by the water district until activation of service to the new lot, the developer shall submit written notice from the water district regarding this; 8) Utility easements and rights-of-way of record shall be shown on the Final Plat. Utility easements, as requested by utility providers, shall be shown on the Final Plat.

4. TRILBY HEIGHTS SUBDIVISION AP (#95-SA0745): 13-06-69; SOUTH

OF TRILBY ROAD, EAST OF HIGHWAY 287; .79 ACRES; 2 LOTS;

M-MULTIPLE ZONING

This is a request to amend the boundary between two existing lots to accommodate a tri-plex on each lot. Staff Findings are: 1) Trilby Heights was originally approved in 1962; 2) These lots were amended in 1988 when the right-of-way for Gary Drive between the lots was vacated; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) The Amended Plat is intended to enlarge one of the lots so each lot can accommodate a triplex; 5) The water and sewer districts expressed a need for certain easements on this site; they should review the final draft of the plat before it is recorded. The Staff Recommendation is for approval of the Amended Plat of Lots 1A and 6A of the Amended Plat of Trilby Heights, with the condition that the water and sewer districts approve the utility easements dedicated on the plat.


5. OWASSA LAKE LOT 24, BLOCK 26, AMENDED PLAT (#95-SA0747):

28-10-73; RED FEATHER LAKES; .32 ACRE; O-OPEN ZONING

This is a request to combine one lot and portions of two adjacent lots resulting in one building site. Staff Findings include: 1) Owassa Lake Subdivision was platted in 1928; 2) The proposed Amended Plat is intended to cure an encroachment by adding 312 square feet to this lot; 3) The County Engineer and all utilities serving this area reviewed the proposed Amended Plat and stated no objections; 4) The Health Department indicated that the well and outhouse should have appropriate permits and the outhouse should be inspected for conformance with the ISDS regulations. The Staff Recommendation is for approval of the Amended Plat of Lot 24, Block 26, Owassa Lake Subdivision, with the condition that the applicant shall provide evidence that the well on this site is properly registered and that the outhouse meets the ISDS regulations. These conditions shall be met before the plat is recorded.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Crystal Lakes 8th Filing Easement Vacation (#95-SA0744); Crown Point ROW Vacation (#95-0S0736); Willcoxon Subdivision (#94-SU0529); Trilby Heights Subdivision AP (#95-SA0745); and the Owassa Lake Lot 24, Block 26, Amended Plat (#95-SA0747); each, with the conditions as outlined.

Motion carried 3 - 0.

6. ORCHARD LANE ROW VACATION (#95-0S0735): 29-08-69; NORTH

OF COUNTY ROAD 54G (OLD U.S. HIGHWAY 287) AND WEST OF

COUNTY ROAD 21C (OVERLAND TRAIL); O-OPEN ZONING

This is a request to vacate Orchard Lane, Welsh Drive, Kimber Lane, Knox Drive and Schaefer Drive. Mr. Kadera noted this is a consent item but is being handled separately because Commissioner Duvall has indicated she will abstain from voting on this item because this area is her neighborhood. Staff Findings are: 1) Knox Drive, Schaefer Drive, Kimber Lane, Welsh Drive and Orchard Lane were dedicated by deed and by a plat which was recorded in 1961. The County has not accepted the dedication on behalf of the public nor has it accepted responsibility for construction, repair or maintenance of these roads; 2) Property owners in this area wish to vacate the existing streets to prevent additional traffic which would result from development of vacant parcels along these roads; 3) Utilities serving this area have existing facilities in these rights of way. If the roads are vacated, utility easements should be left to accommodate these facilities; 4) Irrigation ditches in this area depend on these roads for access. Easements should be left in place to accommodate maintenance on these ditches; 5) Vacating Knox Drive, Schaefer Drive, Kimber Lane, Welsh Drive and Orchard Lane will not leave any properties without access. The Staff Recommendation is for approval of the vacation of Knox Drive, Schaefer Drive, Kimber Lane, Welsh Drive and Orchard Lane, with the condition that easements remain in place for utility and ditch maintenance.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Orchard Lane ROW Vacation (#95-0S0735).

Motion carried 2 - 0.

7. ANDERSON SUBDIVISION AMENDED ROW VACATION (#95-0S0746):

14-05-69; EAST OF COUNTY ROAD 17 (TAFT) IN THE ANDERSON

AMENDED SUBDIVISION, NORTH OF THE BIG THOMPSON RIVER

AND SOUTH OF LOVELAND CITY LIMITS.

This is a request to vacate public right-of-way for 5th Street in the Anderson Amended Subdivision. Mr. Helmick addressed the Board and recommended this item be tabled for one week to allow time to hear from the applicant whether or not they wish to withdraw the request. Staff Findings include: 1) The County Road Standards require than an access road to more than three lots be a public road; 2) The existing ROW provides access to 9 parcels; 3) The ROW was originally dedicated to the public in 1922 and further dedicated in 1991; 4) The Public Works Department and, Public Service Company are opposed to the vacation; 5) The Loveland Fire Prevention Bureau is concerned about maintaining emergency access along the road and to the fire hydrants; 6) At least three of the land owners have provided written objections to the vacation; 7) A public road currently exists within the ROW. The Staff Recommendation is for denial of the proposed vacation of 5th Street in the Anderson Amended Subdivision.

Roy Staples, adjacent property owner, requested this item not be tabled for a week as they will be out of town at that time and will not be able to attend the hearing to voice their objections. Mr. Staples noted there are six property owners that use this street, and have since 1922, and they do not want it vacated. Bob Starman and Rex Mannon, adjacent property owners, both voiced their opposition to the vacation of the street; Jane Staples voiced her objection to the continuous of this matter because objections have been filed and those persons here today have taken time off from work to attend the hearing to voice their objections. Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation and deny the Anderson Subdivision Amended ROW Vacation (#95-0S0746).

Motion carried 3 - 0.

8. STAPLES MINOR RESIDENTIAL APPEAL (#95-EX0731): SW 1/4

14-05-69; 500 NORTH TAFT AVENUE, LOVELAND; 14.5 ACRES;

2 LOTS; FA-FARMING ZONING

This is a request for a waiver to allow re-division of an MRD lot via the MRD process. Ms. Evans provided the area description, reviewed the appeal request, and noted that the staff's primary concern with this request is that this area is an enclave within the City of Loveland. Staff Findings are: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process. This parcel was created in 1990 as Lot 1 of the Staples MRD and is not eligible for re-division using the MRD process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process. A subdivision request on this property would be subject to the provisions of the Integovernmental Agreement, including annexation requirements; 3) This property is part of an enclave and is eligible for voluntary annexation to the City of Loveland. Enclaves of County development within the cities often cause confusion over provision of services and jurisdictional responsibilities. It is appropriate to have further development of this property done according to the regulations, specifications and guidelines of the City of Loveland; 4) Planning Staff has consistently recommended denial of all MRD appeals because this is a policy decision that should only be made by the Board of County Commissioners. The Staff Recommendation is for denial of the Staples MRD appeal.

Judy Brunson submitted a map of the property in question and noted that the City of Loveland only borders two sides of the property; she discussed several points of concern with the information presented by staff with regard to site data, irrationality of going through the full subdivision review, emergency access resources, etc. Ms. Brunson stated that this request represents family selling to family to care for elderly relatives. Roy Staples reviewed the history of the site and noted that 9 acres were sold off in 1990 to Mr. Mannon; Jane Staples added that those 9 acres are used for pasture and no home has been built on that acreage.

Commissioner Duvall stated that she supports the concept of families helping families, but expressed concern about the Board approving one MRD and a few years later approving another MRD for the same property, and she appreciates what staff is saying about creating new problems in the future with this enclave. Commissioner Duvall is concerned about this property developing in a piece-meal fashion and creating a one-acre lot in the middle of a parcel which might later be developed as a subdivision. Chair Disney stated there is almost a conflict of interest on this matter as he has known Mr. Staples for years; he noted that even though this split is requested for family, in the future it will be sold and the Board needs to take future generations into consideration. After citing all his concerns however, he noted he is going to support the appeal because it will go to the City of Loveland for review and they will have an opportunity to comment on the request. Commissioner Clarke agreed with the concerns of his colleagues and he recommended that the property owner discuss this division with the City of Loveland to develop a long-term plan for this land. Commissioner Duvall suggested to the applicants that they meet with Mr. Mannon and try to develop a plan for the whole area. After further discussion, the Board made it very clear to the applicants that approval of this appeal is not a guarantee that the request for MRD approval will be granted in the future.

M O T I O N

Commissioner Clarke moved that the Board approve the Staples Minor Residential Appeal (#95-EX0731).

Motion carried 3 - 0.

The meeting recessed at 10:10 a.m.

DISCUSSION AND UPDATE ON TRANSPORTATION DEVELOPMENT PLAN

(#344)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Rick Evans, President RAE Consultants. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent. Also present were: Sam Szymanski, Human Development Grants Manager; John Dagget, City of Fort Collins Transportation Planner; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Ms. Szymanski noted that the purpose of today's meeting with the Board is to provide an update on the Larimer County portion of the Transportation Development Plan for the region. Mr. Evans reviewed the study process and key elements of the Rural Larimer County Transit Development Plan, noting it is a 5-year plan for transportation, including public transit and ridesharing, he noted that the plan is being coordinated with the transportation plans being developed by the cities of Fort Collins and Loveland, each plan has an advisory committee, and there is also a joint committee with representatives from each of the three areas. Chair Disney noted that Estes Park was also invited to participate in developing a transportation plan, but they declined. Mr. Evans reviewed the study tasks of the Transit Development Plan, the goals of the Joint County-Wide Transit Vision Plan, and reviewed a comparison of the projected revenues with costs of the Preferred Plan and the expanded funding source options.

Mr. Evans informed the Board that the next step is to go to the public to ascertain what they want and then they will prioritize their comments and desires. Much discussion followed; Commissioner Clarke stated that he would like to see facts and figures showing public interest, public wants and needs, service levels, and revenue projections. Chair Disney stated that until we can have some realistic looks at funding, we have to be honest with the public about expectations and he noted that the private sector (employers) needs to also help with transportation. Commissioner Clarke stated that, in his opinion, one of the most important techniques dealing with the negative aspects of growth is good transportation and the more convenient mass transit is, the more people will use it. The Board decided that a Board, similar to the E911 Authority Board, which is jointly appointed by the Board of County Commissioners and the City Councils, needs to be formed for the three entities to work together on the regional transportation plan.

The meeting adjourned at 2:40 p.m.

TUESDAY, AUGUST 22, 1995

EXECUTIVE SESSION

The Board of County Commissioners met at 8:30 a.m. for an Executive Session. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were members of the Executive Council.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session with Executive Council to discuss a personnel matter and pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 9:40 a.m.; no action taken.

STANDING MEETING WITH JONI FRIEDMAN

DIRECTOR OF EMPLOYMENT & TRAINING SERVICES

(#345)

The Commissioners met at 9:45 a.m. in regular session with Joni Friedman, Director of Employment & Training Services. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Lew Wymisner, Employment & Training Services Assistant Director, and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Program Year 1994 Performance Review: Ms. Friedman introduced Mr. Will Harper, the Private Industry Council Chairperson. Mr. Harper summarized his past service with the Private Industry Council. Chair Disney welcomed Mr. Harper aboard. Ms. Friedman distributed a memo for the Commissioners to review regarding the Larimer County Employment and Training Services performance statistics for the Program Year 1994. It was noted that if the Commissioners had any questions they were to contact Ms. Friedman.

2. One Stop Career Center Planning Proposal: Ms. Friedman reported on the One Stop Career Center Planning Proposal. Much discussion ensued regarding how this proposal, if awarded to Larimer County, would affect the Employment and Training Services Department, any local agencies providing similar services, and the range of services they would offer. In response to Chair Disney's inquiry, Ms. Friedman stated that if they don't get the grant proposal they will still pursue consolidation of local employment and training services. Commissioner Duvall complimented Ms. Friedman and her staff's innovative thinking and progressive ideas.

3. Americorps Funding for Youth Conservation Corps: Funding for the youth summer program had been drastically cut at the Federal level, forcing Ms. Friedman and her staff to offer a smaller program than in the past. Ms. Friedman reported that Larimer County may be selected as an Americorp site that would serve the northern Colorado region. Discussion followed with respect to the Youth Conservation Corps, the benefits derived from this program and the type of projects the participants work on. Chair Disney read a letter of appreciation from Mr. Jim Baldwin, commending the hard work some of the Youth Conservation Corps participants have done. Ms. Friedman will draft a response to this letter for the Commissioners to sign. Discussion continued regarding a complaint received by the Commissioners concerning Youth Conservation Corps, as well as the educational opportunities available through the Y.C.C. Chair Disney suggested that Ms. Friedman order magnetic signs to be placed on the vans transporting Y.C.C. workers.

4. Private Industry Council Report - September Symposium Invitation: Mr. Harper stated the Private Industry Council will look at all the programs offered to insure the highest return on investment. Mr. Harper also stated one of the goals for the Council is to be aware of trends and funding and will be presenting an update to the Commissioners in October. Mr. Wymisner distributed invitations for the Commissioners to attend the September Symposium being held September 15, 1995. An invitation was also extended to the Commissioners by Mr. Wymisner for the Sixth Annual Colorado Job Training Conference to be held October 18-20, 1995.

5. Enterprise Zone Update: Mr. Wymisner reported on a meeting he attended July 13, 1995, stating that there is discussion at the state level to eliminate enterprise zones. In Mr. Wymisner's opinion enterprise zones are working well locally. Chair Disney posed the question of whether or not the state is re-examining enterprise zones due to perceived abuses of enterprise zones that have been designated previously and that eligibility criteria may need to be tightened up. Discussion followed with respect to enterprise zone administration. Mr. Wymisner also reported that the Economic Plan Committee is getting closer to a working document for Mr. Lancaster to distribute to the public. Commissioner Clarke commented that he has read the draft and likes some of the ideas presented.

The meeting adjourned at 10:45 a.m.







STANDING MEETING WITH HEALTH & HUMAN SERVICES

(Side B of #345 & #346)

The Commissioners reconvened at 10:50 a.m. in regular session with Keith Olson, Ph.D., Executive Director of Mental Health. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Ginny Riley, Human Development Executive Director; Joni Friedman, Employment and Training Services Director; Paul Cooper, Community Corrections Director; Laurel Kubin, Extension Office Director; Doug Keasling, Social Services Director; Adrienne LeBailley, Health Department Director; and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Discussion of Division Director Proposal: Dr. Olson began the meeting by giving a chronology of the Health & Human Services Council meetings. It was reported by Dr. Olson that in their last meeting the Council intensely discussed self-directed work teams, noting that it is a powerful and effective management tool for certain issues while other issues would be better handled by a division director. The consensus of the Health and Human Services Council is to move towards having a division director. Much discussion followed regarding how such a division director position would be structured, the potential duties and job title. Chair Disney noted his perception of this position is someone who would coordinate services between the departments represented by the Council as well as insure there is no duplication of services. The Council was receptive to writing up a job description and give input on the salary range for this position. Dr. Olson stated he will send a preliminary draft of the job description for Mr. Lancaster and the Commissioners to review. Commissioner Clarke was complimentary of the Council members for their hard work and adherence to high ideals. A preliminary salary range will be submitted to the Commissioners by mid-September to be considered in the 1996 budget.

The meeting adjourned at 11:20 a.m.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session recessed at 11:35 a.m.; no action taken.

EXECUTIVE SESSION

The Board of County Commissioners reconvened at 1:30 p.m. for an Executive Session. Chair Disney presided and Commissioners Clarke and Duvall were present; also present were members of the Executive Council.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 1:30 p.m. to discuss a personnel matter and pending litigation.

Motion carried 3 - 0.

The Executive Session adjourned at 2:30 p.m.; no action taken.

WEDNESDAY, AUGUST 23, 1995

ADMINISTRATIVE MATTERS

(#347 & #348)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; Chair Disney was in Estes Park attending a "field forum" sponsored by the U.S. Forest Service. Also present were Assistant County Manager Neil Gluckman and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. PUBLIC COMMENT OPEN SESSION: No one appeared today to address the Board during the Open Public Comment Session.

2. REQUEST FOR CROSSING GUARDS AT TAVELLI ELEMENTARY SCHOOL: Mr. Lancaster stated he received a letter from the Principal of Tavelli School requesting the Board to support a crossing guard at Tavelli Elementary School during student arrival and dismissal times. Mr. Lancaster noted that the County does support guards for an annual cost of $4,001. at the Cache La Poudre and Irish Elementary Schools. Commissioner Duvall asked how many other schools are there in the unincorporated areas of the county, as she would like to know how many more schools will be coming to the Board with this same request and she would like to be consistent. Mr. Lancaster will check with the Sheriff's Department to get an answer to this question; in the meantime, the Board will defer making a decision on this request until this information is provided.

3. LETTER FROM BOARD TO STATE PARKS CONCERNING ENTRANCE FEES: Commissioner Duvall has written a letter to the Colorado State Parks Board regarding a public safety problem which exists on County Road 25G where people park their cars, trucks, and horse trailers on the shoulders of the county road and enter the Lory State Park without paying. As the Parks Board is considering charging a $1 entrance fee for entering the park by foot, and a $3 fee for driving into the park, Commissioner Duvall is suggesting that a $3 entrance fee be charged to all park users, whether they enter the park on foot, bicycle, horse, car, truck of rickshaw; to do otherwise, may actually make the problem on CR 25G worse than it is now, as even more people will park outside and walk in to avoid paying the $3 charge. Commissioner Duvall asked Chair ProTem Clarke if he would be willing to also sign the letter to have the suggestion come from the Board of County Commissioners; Chair Pro-Tem Clarke concurred with the suggestion and agreed to sign the letter.

4. RESOLUTION ON OPEN SPACE INITIATIVE: Deni LaRue and several members of the Help Preserve Open Spaces Task Force were present today to witness the Board approving the Resolution on the Open Space Initiative. Ms. LaRue expressed appreciation to the Board for all their support and encouragement on this Initiative.

M O T I O N

Commissioner Duvall moved that the Board approve the Resolution Calling Election, Certifying Ballot Title and Conforming a Proposal for a County Wide Sale and Use Tax to Statutory Requirements, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

R95-123g RESOLUTION CALLING ELECTION, CERTIFYING BALLOT

TITLE AND CONFORMING A PROPOSAL FOR A COUNTY-WIDE

SALES AND USE TAX TO STATUTORY REQUIREMENTS

5. APPROVAL OF DELOITTE & TOUCHE CONTRACT: As the Board had some disagreement with the content of this contract, they deferred taking action until they had a chance to discuss the contract further with legal counsel during Legal Matters.

6. WORKSESSION:

-- Recognition Program for Boards & Commissions: Several options were discussed for recognizing and showing appreciation to the members of all Boards and Commissions; the Board decided to turn this matter over to the Employee Recognition Committee and have them make suggestions for the Board to consider.

-- Update on Juvenile Holding Facility: Mr. Lancaster provided an update on the status of the juvenile hlding facility; he noted that a meeting was recently held to review financial alternatives to build a facility for holding juveniles and to house the Youth Services Bureau (YSB). Mr. Lancaster informed the Board that the total cost for the building would be approximately $1,300,000, with payments of $108,000 a year for 20 years and this does not include operating costs or furnishings, which would probably come to an annual total of approximately $365,000. Commissioner Duvall noted that at one time they talked about using existing buildings and she noted it has to be more cost effective to remodel rather than to build. The Board stated they are committed to providing a juvenile holding facility, but they want to review the figures and possibly use some of the money in the Capital Improvements Fund to lesson the amount of payments. The Board directed Mr. Lancaster to continue talks with the various entities about participating with the County in providing a shared juvenile holding facility.

-- Meeting with City of Loveland Council and Next Weeks Standing Meeting with the Budget Director: The agenda items for next weeks meeting with the Loveland City Council and the Budget Standing Meeting were reviewed; no additional items were suggested.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

-- Request to Approve Resolution: Mr. Lancaster received a request from the District Attorney for the Board to approve a Resolution enabling the District Attorney to represent and defend the Larimer County Treasurer in claims arising over the tax sale of Delfannie's Restaurant; he noted that the Resolution has been approved as to form by the County Attorney George Hass.

M O T I O N

Commissioner Duvall moved that the Board approve a Resolution of the Larimer County Board of County Commissioners to enable the Larimer County District Attorney to represent and defend the County Treasurer in civil suit or proceeding in the matter of the tax sale for Delfannie's Restaurant and Deli, Inc.

Motion carried 2 - 0.

R95-124g RESOLUTION OF THE LARIMER COUNTY BOARD OF

COUNTY COMMISSIONERS ENABLING THE DISTRICT

ATTORNEY TO DEFEND THE COUNTY TREASURER IN

CLAIMS AGAINST DELFANNIE'S RESTAURANT TAX SALE

7. COMMISSIONER REPORTS:

-- Commissioner Clarke reported on a meeting he attended last week with the City of Fort Collins Stormwater Utility; he noted they are interested in correcting the flooding problems on Dry Creek. Commissioner Clarke stated they are forming a plan and strategy to deal with the drainage within their Stormwater Utility and they want us to cooperate with them; he noted this could be an extremely expensive project, but at this time, no specific proposal has come forward. Commissioner Duvall expressed concern that there is also an equally difficult problem on West Vine Drive which needs attention. Chair Pro-Tem Clarke stated it is just in the beginning stages and he will keep the Board apprised.

-- Chair Pro-Tem Clarke noted he met with the Poudre R-I School District, Fort Collins, and Larimer County Liaison Committee last week and they discussed entering into an IGA between the County, Poudre R-1 and possibly Thompson R2-J School District to head off problems before they occur. Chair Pro-Tem Clarke wondered what the Board thought about having staff work on an IGA; Commissioner Duvall concurred. Mr. Lancaster will help decide which staff to assign to this project. Commissioner Duvall asked if it would be appropriate for this group to also discuss the $8 school fee that is charged per lot within approved subdivisions.

-- Chair Pro-Tem Clarke noted that Lincoln Junior High School has some land that they would like for somebody to use for a park. Commissioner Duvall suggested they talk to Parks Director John MacFarlane; Mr. Lancaster will discuss this with Mr. MacFarlane.

-- Chair Pro-Tem Clarke discussed the issue of transporting senior citizens from LaPorte to Fort Collins; he noted there are empty school busses coming from Cache La Poudre at 8:30 a.m. each school day back to the Poudre R-1 transit center. Commissioner Clarke stated that the school district is willing to alter the route in order to transport senior citizens from the LaPorte & Bellvue area to a Transfort stop; and then those same busses will return at 2 p.m. Mr. Lancaster will pass this suggestion on to Sam Szymanski.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of August 14, 1995, as submitted and amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Schedule for the week of August 28, 1995, as submitted and amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the documents as listed on the Consent Agenda for August 23, 1995.

LIQUOR LICENSES: A License was issued to the Bohemian Cottage Restaurant, Inc. - 6% Renewal - Loveland, CO. County Approval was granted to the Charco Broiler - 6% - Fort Collins, CO.

A95-95 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD FOR COMMUNITY

COLLEGES AND OCCUPATIONAL EDUCATION (Occupational

Retraining Programs for Colorado's Dislocated Workers)

C95-45 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE WELD COUNTY COMMUNITY

CORRECTIONS BOARD (Provision of Payment for Services)

Motion carried 2 - 0.

9. LEGAL MATTERS:

At this time, County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

-- Request for Board Approval of Settlement, Release, and Indemnification Agreement: Ms. Haag requested Board approval of the following Settlement, Release, and Indemnification Agreement in settlement of a claim in the amount of $50,000.

M O T I O N

Commissioner Duvall moved that the Board approve the Settlement, Release, and Indemnification Agreement between the Board of County Commissioners and Matthew Staley (Larimer County Defendants) and Gene Glaze, a minor, by and through his natural parent and legal guardian, Norene Deveau, Claimant., as recommended by the County Attorney.

Motion carried 2 - 0.

A95-96 SETTLEMENT, RELEASE, AND INDEMNIFICATION AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

MATTHEW STALEY AND GENE GLAZE AND NORENE DEVEAU

-- Continuation of Discussion of the Deloitte & Touche Consulting Agreement:

Lengthy discussion ensued regarding the review of content of the consulting agreement with Deloitte & Touche, the firm hired to provide consulting services to Larimer County in the development of a request for proposal and subsequent vendor selection to replace the County's major financial systems. Commissioner Duvall questioned whether the County is getting their money's worth; she would like to have an agreement stating what the county is getting, not just what Deloitte & Touche will get. Ms. Haag noted that this is a standard contract and revisions have already been made to it, as requested previously by the Board; it was pointed out that if Deloitte & Touche is requested to make guarantees in the agreement, they will probably walk and the county will have to start over in hiring a consulting firm and Deloitte & Touche has the reputation of being the best qualified firm in the country for performing these tasks.



M O T I O N

Commissioner Duvall moved that the Board approve the Consulting Agreement between the Board and Deloitte & Touche in which the County engages D & T to provide consulting services for preparing a financial management system Request for Proposal and vendor selection, and authorize the Chair Pro-Tem to sign same.

AMENDMENT TO MOTION

Chair Pro-Tem Clarke amended the motion to change the word countries to counties under Exhibit A., No. 7.

Amendment accepted and Motion carried 2 - 0.

A95-97 CONSULTING AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DELOITTE & TOUCHE (Consulting Services

for Preparation of Request for Proposal and Vendor Selection for

Financial Management System for Larimer County)

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 11:20 a.m. to discuss pending litigation.

Motion carried 2 - 0.

The Executive Session adjourned at 11:50 a.m.; no action taken.




______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk

__________________________________________

Aimee Jensen, Deputy County Clerk

August 23, 1995