Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 29, 1998

There were no meetings scheduled for the Board of County Commissioners for Monday, June 29, 1998.

TUESDAY, JUNE 30, 1998

ADMINISTRATIVE MATTERS

(#349 & #351)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Undersheriff John Kammerzell, Captain Gary Darling, Dana Hersch and Sheila Davidson from the Alternative Sentencing Unit; Sgt. Bill Nelson, Emergency Operations; Erik Nilsson, Emergency Management Specialist; John Pedas, Code Enforcement Officer; Dave Spencer, Director of Facilities; Frank Lancaster, County Manager; Ralph Jacobs, Director Human Resources; Theresa Lopez, Multicultural Representative; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Cris Avalos, John Rust, and Jack Swets. Ms. Avalos stated that her purpose in meeting with the Board today is to find out how to go about changing a policy in the Alternative Sentencing Unit; she noted she was in the Alternative Sentencing Program and had been in full compliance for nine months. Ms. Avalos described a personal incident in which she knew she needed help and, after attempting to contact her sponsor and roommate, she went to her counselor's home seeking assistance; however, after a series of unfortunate events, she was arrested and spent three days in jail. Ms. Avalos stated that she did not violate her probation or break any laws and, therefore, did not have the right for a hearing, but if she had broken a law, she would have had a hearing to explain. Ms. Hersch responded that they do not have adequate staffing to counsel the workenders in alternative sentencing and so Ms. Avalos was sent where she could get help; she explained their program and noted that when one is placed in the Alternative Sentencing Program, they are in it until they break the rules and when the rules are broken, then they have to serve their sentence. Commissioner Disney asked if possibly there is a gap in the program because there should be some place where clients can go for help. Much discussion followed; Captain Darling stated that he will review their policy and see if there is something more they can do to assist those trying to get help.

John Rust complimented the Board for the work being done on the Buckhorn Road, but he expressed concern about the tax dollars being spent to build a private road and install fence and a gate into the gravel operation and Carl Spina's property; he also cited other happenings on Mr. Spina's property that have resulted in County personnel doing repairs. The Board stated that they will talk to Marc Engemoen, Director of Public Works, about this situation and report back to Mr. Rust. Mr. Rust also asked if the County is collecting sales taxes from the flea market south of Loveland; the Board will also check on this to see if the flea market is actually in the County or in the Loveland City limits.

Mr. Swets discussed the proposed corn maze that was to go in on his property where the railroad was previously; he noted that the corn will be cross planted into designs and it is an agriculture project because all the seed was donated by Pioneer Seed Company and is a new variety of corn. Mr. Swets stated that this project would present a unique opportunity for the people of Larimer County; however, the project has been denied by the Board of Adjustment. The Commissioners stated that they cannot overrule the Board of Adjustment, this matter would need to be decided upstairs in District Court. At this time, John Pedas was called to the meeting. Mr. Pedas stated that the Board of Adjustment did not deny the project, but took it under advisement because they were concerned about safety with so many additional vehicles using Harmony Road to access the project; he noted that it is estimated that there would be between 15,000 to 20,000 people visiting the site in a six-week period. Mr. Pedas continued that the matter was also taken under advisement to allow time for the applicants to see if they could find another site or look for another access point into the project.

2. FIRE HAZARD BRIEFING: Sgt. Nelson submitted and reviewed a handout outlining their criteria for imposing a fire ban and the fire management forecast for Monday, June 29, 1998; he noted that the fire danger this year, at this time, is actually less than it was one year ago. Sgt. Nelson stated, however, that the County is drying out fast with the current high temperatures we are experiencing and the situation could change drastically in a week, but at this point we do not need a fire ban. After questions from the Board and discussion, it was decided to ask the County Attorney to draft a resolution for the Chair to sign if a fire ban becomes necessary.

3. APPROVAL OF MINUTES FOR WEEK OF JUNE 22, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of June 22, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF SCHEDULE FOR WEEK OF JULY 6, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of July 6, 1998, as submitted.

Motion carried 3 - 0.

5. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following re-appointments and appointments to the following Boards and Commissions, and the following documents as listed on the Consent Agenda for Document Review for June 30, 1998:

COMMUNITY CORRECTION BOARD: Waiver of Term Limit for Laurie Barnhill, Sallie George and Steve Schapanski; and re-appointments of Lou Nagy, Judith Schalles, Terry Farabee, and Kathryn Gilbert; all for a three-year terms effective July 1, 1998 through June 30, 2001.

ENVIRONMENTAL ADVISORY BOARD: Re-appointment of Robert Blinderman, Scott L. Ellis, and Robert Stottlemyer; each for a three-year term effective July 1, 1998 through June 30, 2001, and Mark De Gregorio for a one-year term, ending June 30, 1999.

EXTENSION ADVISORY BOARD: Re-appointment of Catherine Kainer for a three-year term, effective July 1, 1998 through June 30, 2001.

FLOOD REVIEW BOARD: Re-appointment of Mark Peterson for a two-year term, effective July 1, 1998 through June 30, 2000

HUMAN DEVELOPMENT ADVISORY BOARD: Re-appointment of James Talboy for a three-year term effective July 1, 1998 through June 30, 2001.

LAPORTE PLANNING ADVISORY BOARD: Re-appointment of Deborah Morgan and Ed Ott, and appointment of Connie Jo Barnes, each for a three-year term effective July 1, 1998 through June 30, 2001.

OFFICE ON AGING ADVISORY BOARD: Re-appointment of Arthur Becker, Sally Henze, Kay Rios, Julie Smith, and Harold Wilson, each for a three-year term effective July 1, 1998 through June 30, 2001.

PLANNING COMMISSION: Re-appointment of George Wallace for a three-year term effective July 1, 1998 through June 30, 2001; and re-appointment of Michael Doten and Ed Haimes for terms effective July 1, 1998 through December 31, 1998.

YOUTH SERVICE BUREAU ADVISORY BOARD: Waiver of Term Limit for Larry Abrahamson, who was previously appointed on June 16, 1998 for a three-year term effective July 1, 1998 through June 30, 2001.

BOARD AND COMMISSIONS CORRECTION: Chuck Woodward was listed in the June 23, 1998 Minutes as an appointee to the Retirement Board; that is incorrect as according to the Retirement Board Statute, re-appointment is not required.

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Joel Gaalswayk; Ardys & Alice Keck; Irvin & Josephine Schwindt; Edward & Marilyn Garrity; James & Anita Allardice; Keith & Stephanie Pryor, Palmer House LLC; Matrix Investment Co.; Richard F. & B.A. Zimmerman, Raymond & Carol Burnham; and James & Carol Ann Matteo.

MISCELLANEOUS DOCUMENTS: Amended Plat of Lot 10, Block 4 of Windcliff Estates 5th Subdivision; Final Plat of the Pecar Minor Land Division, #98-EX1220; and Final Plat of the Moldauer Minor Land Division - #98-EX1244. LIQUOR LICENSES: Licenses were issued to: Villa Tatra - 6% - Lyons, CO.; and Red Feather Super Market - 3.2% - Red Feather Lakes, CO. County approval for renewal of licenses was granted to: Gateway Liquors, Inc. - 6% - Loveland, CO.; Poudre River Resort - 6% - Bellvue, CO.; and a 6% SPECIAL EVENTS PERMIT for the Glen Haven Area Volunteer Fire Department -Glen Haven, CO.

A98-98 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH EMPLOYMENT AND TRAINING

SERVICES AND THE EDUCATION & LIFE TRAINING CENTER

A98-99 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH EMPLOYMENT AND TRAINING

SERVICES AND THE WELD COUNTY DEPARTMENT OF HUMAN

SERVICES (Renewal of Subcontract to Provide Funding for One-Youth

Corps Crew providing Community Services under the Americorps

Contract

C98-24 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND NATIONAL CONSTRUCTION COMPANY,

INC. OF BOULDER (Bridge Replacement - Project #225)

C98-25 CONTRACT AMENDMENT #ONE BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LABOR AND EMPLOYMENT (Continued

Funding for One Stop Career Center)

C98-26 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC SAFETY, DIVISION OF

CRIMINAL JUSTICE

C98-27 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS (West Vine Storm Drainage

Project CDBG 98-803)

D98-10 DEED OF DEDICATION BY CAMPBELL DEVELOPMENT, INC.

(Dedication of Property for Project #225)

R98-103s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

IN VISTA VIEW ESTATES

R98-104s FINDINGS AND RESOLUTION APPROVING THE AMENDED

PLAT AND VACATION OF EASEMENT IN GLACIER VIEW

MEADOWS SUBDIVISION 12TH FILING, TRACT B AND LOT 39

R98-105z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF FORT COLLINS SOCCER CLUB

R98-106s RESOLUTION RECOMMENDING ADOPTION OF THE FOSSIL

CREEK RESERVOIR AREA PLAN

Motion carried 3 - 0.

6. RESOLUTION FORMING A BLUE RIBBON COMMITTEE REGARDING PREBLE'S MEADOW JUMPING MOUSE:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the resolution approving the Blue Ribbon Committee regarding the Preble's Meadow Jumping Mouse, and authorize the Chair to sign same.

Motion carried 3 - 0

R98-107g RESOLUTION APPROVING THE BLUE RIBBON COMMITTEE

REGARDING PREBLE'S MEADOW JUMPING MOUSE

7. MASON STREET PARKING GARAGE: Mr. Spencer introduced Jack Gianola, Brian Jaffee, Suzanne Edminster, Ron Phillips, and Gary Diede to the Board; he presented the current design concept for the Mason Street Parking Garage and stated that pursuant to the Block 31 IGA with the City of Fort Collins, Board approval is required before the project can move forward. Mr. Gianola stated that the design built process has been completed and they are ready to enter into their agreement with Hensel Phelps; he provided an overview of the project, noting that the structure will be 5 levels with 15,890 sq. ft. of retail space on the first floor, with 905 total parking spaces (18 handicap). Mr. Gianola reviewed the schedule, noting that they hope to break ground in November 1998 and be completed in either August or September of 1999, contingent upon getting through the City's PUD process. Mr. Gianola stated that in addition to obtaining approval from the County Commissioners, the design must also be approved by the DDA Board of Directors and the Fort Collins City Council. Commissioner Clarke recommended that they include some arches in the design, rather than so many straight lines, if it is financially possible. Mr. Lancaster asked Mr. Gianola if there were plans to put the designs on the Web site; Mr. Spencer responded that their images are linked to Hensel Phelps' page, which are updated more rapidly, and can be accessed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the design concept for the Mason Street Parking Garage, as presented, pursuant to the Block 31 Intergovernmental Agreement with the City of Fort Collins.

Motion carried 3 - 0.

8. FUNDING FOR PURCHASING ERACISM BUMPER STICKERS FOR LARIMER COUNTY FLEET VEHICLES: Mr. Jacobs introduced Theresa Lopez, County Representative on the Multicultural Commission; he noted that ERACE was founded in 1993 to help promote interaction and communication among people of all colors and ERASE has been connecting with communities around the country to eliminate racism. Mr. Jacobs requested Board approval to support the Multicultural Commission's bumper sticker project by purchasing 308 stickers to be affixed on County vehicles in order to send a visual reminder of the desire for our community to achieve harmony between its various cultural groups and that racism will not be tolerated in the community. Mr. Jacobs noted that the cost for the bumper stickers is $308 and can be funded out of the Human Resources budget The Commissioners requested Mr. Jacobs to purchase additional stickers for them to place on their cars and have some in their office to sell. Commissioner Disney asked if the Sheriff's Department had been approached about putting the stickers on their vehicles; Mr. Jacobs will ask, but indicated there may be some ruling against putting bumper stickers on Sheriffs' vehicles. Chair Olson stated that she wants the employees who are driving the County vehicles to understand the meaning behind the stickers.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve supporting the Multicultural Commission's bumper sticker project by purchasing at least 308 stickers and adhering them to County vehicles; monies for this expenditure will be derived from the Human Resources existing budget.

Motion carried 3 - 0.

9. BUS TRANSPORTATION TO THE ROCKIES BASEBALL GAME: Ms. Hart noted that in the past the Commissioners have funded the cost of chartering buses to transport employees and their families to a Colorado Rockies Baseball game once each season; this year there are 275 tickets available for the August 9th game between the Colorado Rockies and the New York Mets. Ms. Hart reviewed the quotes from three different charter companies and her recommendation for chartering four buses is the Fort Collins Charter Service, with an option for an additional bus if needed; she noted that they are very reliable and do not have a cleaning fee or charge for extra time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of up to $2,200 from the Commissioners' Special Projects Fund for employee transportation to the Colorado Rockies Baseball game on August 9, 1998.

Motion carried 3 - 0.

10. WORKSESSION:

-- Mr. Gluckman noted that a neighborhood meeting regarding the new Justice Center and Mason Street Parking Garage was held and 10 to 12 people attended and it went well and comments were favorable.

-- Mr. Gluckman reported that the Merit System Transition Plan was approved by the State. The Board will say something at the Human Services All-Staff meeting tomorrow about the good job they did in getting it passed.

-- Mr. Gluckman stated that he received a call from the Fort Collins City Manager's Office and they will not be discussing Fossil Creek at their meeting tonight; he noted that the County will not be present at that meeting.

-- Mr. Gluckman submitted and reviewed the quotes received from the Purchasing Department and Treasurer's Office for the publication of delinquent taxes; he noted that according to Statute, it is "The duty of the Board of County Commissioners of each County to select a newspaper of general circulation" to publish delinquent taxes. Mr. Gluckman noted that the publication may be awarded to more than one newspaper and their recommendation is to split the publications.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the publishing of delinquent taxes and award the advertising of Delinquent Personal Property and first advertising of Mobile Homes to the Coloradoan at $3.26/column inch; the second advertising of delinquent Mobile homes to the Coloradoan at $3.26/column inch and the Real Property and Special Assessment Tax Lien Sale Tabloid for 3 Consecutive Weeks for $8,160.00 to the Loveland Reporter Herald.

Motion carried 3 - 0.

-- Mr. Gluckman gave official notice that Larimer County will receive a $25,000 grant as part of Governor Romer's Smart Growth Regional Partnerships Program.

  1. COMMISSIONER REPORTS:

-- Commissioner Disney congratulated his fellow Commissioners for riding their bikes to work on "Bike to Work Day".

-- Chair Olson stated that she went up Rist Canyon for the opening of Fire Station #3 and reported that she also found her GPS monument.

-- Commissioner Clarke reported that he will be attending the Preble's Meadow Jumping Mouse Committee meeting tonight.

At this time, County Attorney George Hass and Jan DeWitt from Health and Human Services joined the meeting for Legal Matters.

12. LEGAL MATTERS:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:00 a.m. to discuss contract negotiations.

Motion carried 3- 0.

The Executive Session ended at 11:15 a. m.; no action taken.

THURSDAY, JULY 2, 1998

PARKS AND OPEN LANDS MEETING

(#352)

The Board of County Commissioners met at 1:30 p.m. with K-Lynn Cameron, Open Lands Manager, to discuss Open Lands projects. Chair Olson presided and Commissioners Clarke and Disney were present. Recording Clerk: Gael Cookman.

1. HORSETOOTH RESERVOIR (SATANKA COVE) RECREATION FACILITY PROJECT: Ms. Cameron explained the intent of this project was to develop the north end of the reservoir by adding another picnic area, another boat ramp, and additional parking; she noted that this would help reduce the crowded conditions on the south end of Horsetooth. Some discussion followed on whether or not this would increase the number of boaters on the lake, and if so, would an increased number of boaters create an unsafe condition. Ms. Cameron explained that they do monitor and allow only a certain number of boaters on the lake at any one time, and that the number of allowable boaters could change depending upon the level of surface water available; she further explained that their intent was to redistribute the current population, rather than increase the number of persons using the recreation facility. Ms. Cameron noted that the total project cost was $200,000, of which $50,000 would be funded with a grant from Great Outdoors Colorado, $50,000 from the U.S. Bureau of Reclamation and the remaining $100,000 would come from the Open Space funds.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Satanka Cove/Horsetooth Recreation Facility Project as submitted by Staff.

Motion carried 3-0.

2. DEVILS BACKBONE ACQUISITION PROJECT: Ms. Cameron explained the project, noting that this is an unusual and picturesque property which they feel is very important to the Open Lands Program for several reasons: 1) It contains the Devil's Backbone rock outcrop, which is a well known geological feature, 2) It provides an ideal corridor for the north/south foothills regional trail system, and 3) It contains valuable wildlife habitat. Ms. Cameron noted that they intend to create a trails system that will originate in the vicinity of Horsetooth Reservoir and continue south to the Big Thompson River; she also explained that they had a Division of Wildlife Raptor Specialist visit the property and a Red Tail hawk nest, a Great horned owl nest and a Raven's nest were all located in the area. Ms. Cameron stated that the property (owned by Steven Wild) was priced at $3500 an acre (exact acreage to be determined by a survey) for a total purchase price of $472,500 of which 1st Choice Bank will finance $425,250. Ms. Cameron also noted that 1st Choice Bank donated $1000 towards trails development. Finally, Ms. Cameron stated that the purchase of this property was contingent upon the seller placing a conservation easement on the small portions of the Devil's Backbone that will remain in his ownership, and also upon written confirmation from the Louden Ditch Company that a bridge will be permitted across their irrigation ditch (since a portion of the trails will cross the Louden Ditch).

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Devil's Backbone/Wild Property Acquisition Project.

Motion carried 3-0.

R98-108g RESOLUTION REGARDING PURCHASE OF DEVIL'S

BACKBONE/STEVEN WILD PROPERTY FOR PARKS

AND OPEN LANDS

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 2:30 p.m. to discuss land acquisition.

Motion carried 3-0.

Meeting adjourned at 3:20 p.m. with no further action taken.

____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________________

Gael M. Cookman, Deputy County Clerk

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