Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 15, 1999

LAND-USE PLANNING MEETING

(#458 & #459)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Carol Evans and Matt Lafferty, Planners II; Sean Wheeler, Planner I; Marc Engemoen, Director Public Works; Mark Peterson, County Engineer; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; Greg Pickett, Director Parks and Open Lands; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

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

1. LARIMER COUNTY PARKS AND OPEN LANDS VISITOR CENTER

SPECIAL REVIEW (#98-Z1280): S27-T05-R70 - ½ MILE SOUTH OF

COUNTY ROAD 18E, OFF THE EAST SIDE OF COUNTY ROAD 31,

NORTH OF CARTER LAKE; 1.74 ACRES; O-OPEN ZONING

This is a request for Special Review approval for a 7300 square foot Visitor and Administration Center, representing an expansion of the existing use. Staff findings include: 1) The proposed Larimer County Parks and Open Lands Visitors Center Special Review is in compliance with the Comprehensive Zoning Resolution and the Land Use Plan. The application satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed use is seen as compatible with the rural residential and agricultural character of the area; 3) The proposed expansion is necessary because the existing facility is not in compliance with the ADA requirements for public access, and is not large enough to serve current staff needs or those of the general public; 4) The proposed expansion is expected to have a minimal impact on natural drainage systems and wetlands in the project area; 5) If operated, as stated in the application materials and in compliance with County regulations and conditions of approval, the proposed use would not result in negative impacts on area properties, provision of services, access and traffic or the natural environment. The Planning Commission/staff recommendation is for approval of the Larimer County Parks Visitor Center Special Review application.

2. LOG KNOWLEDGE AMENDED SPECIAL REVIEW (#98-Z1275):

SE 18-08-69 - SOUTH SIDE OF THE U. S. 287 BYPASS, EAST OF

CR 23E, ½ MILE SOUTH OF CR 56E, 2 MILES NW OF LAPORTE;

8 ACRES; O-OPEN ZONING

This is a request to amend a previous Special Review approval to allow construction of an additional structure on the site. Staff findings are: 1) The proposed Log Knowledge Amended Special Review is in compliance with the Comprehensive Zoning Resolution and the LaPorte Area Land Use Plan. The LaPorte Area Planning Advisory Committee has recommended approval for this application; the application also satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed use is consistent with previous approvals, and is compatible with the character of the area; 3) The proposed amendment would not result in negative impacts on area properties, provision of services, access and traffic or the natural environment; 4) There have been no adverse comments received from any individual group or agency; 5) The site does not have sufficient water to comply with existing fire code requirements; however, because of the low potential for fire threat to surrounding properties and also because of the prohibitive cost of providing on-site water storage, both the Poudre Fire Authority and Planning Staff could support approval of a Fire Code Variance request from Log Knowledge.

The Planning Commission/staff recommendation is for approval of the Log Knowledge Amended Special Review, with the following conditions: 1) Operation of the Log Knowledge Amended Special Review shall be as specified in the file, and as modified by conditions of approval; 2) The applicant shall provide a written plan for fire protection approved by the Poudre Fire Authority which includes support for a variance request for the Fire Code. The applicant must receive a variance approval prior to construction of the new building. Staff supports a separate recommendation of support for a variance from the Board of County Commissioners; 3) The applicant shall revise the landscaping plan submitted in 1989 to include the removal of the Russian Olive sections and provide for partial screening of the new structure; 4) Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County.

3. CINDY LANE ESTATES AND NEWMAN SUBDIVISIONS RELEASE OF

SUBDIVISION RELEASE OF SUBDIVISION IMPROVEMENTS

AGREEMENTS AND COLLATERAL (#97-SU1015 & #96-SU0972)

This is a request for release of collateral for the Cindy Lane Estates and Newman Subdivisions. The staff recommendation is for approval of the request to release the Subdivision Improvements Agreements and collateral for the Cindy Lane Estates Subdivision and the Newman Subdivision with the condition that the Warranty Collateral Agreements and warranty collateral in the amount of $2,439.60 (Cindy Lane Estates) and $585 (Newman Subdivision) be provided by the respective developers.


4. VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT PHASE III,

LOTS 23, 29 & 31, RELEASE OF LOT SALE RESTRICTION (#94-MS0505):

SE ¼ OF SW ¼ 25-06-69 - NORTH SIDE OF 57TH ST., ½ MILE EAST OF

U. S. HIGHWAY 287, NORTHEAST CORNER OF MONROE AND 57TH ST.

This is a request to release the lot sale restriction on Lots 23, 29 & 31 of Phase III, Vista View Estates Planned Unit Development. The staff recommendation is for approval of the request for the release of the Lot Sale Restriction for Lots 23, 29 & 31 of Phase III, Vista View Estates Planned Unit Development.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/staff recommendations and approve the Larimer County Parks and Open Lands Visitor Center Special Review (#98-Z1280), the Log Knowledge Amended Special Review (#98-Z1275), Cindy Lane Estates and Newman Subdivisions Release of Subdivision Improvements Agreements and Collateral (#97-SU1015) and (#96-SU0972), and Vista View Estates Planned Unit Development Phase III, Lots 23, 29 & 31, Release of Lot Sale Restriction (#94-MS0505); each, with the conditions as outlined.

Motion carried 3-0.

5. BEN DELATOUR BOY SCOUT RANCH SPECIAL REVIEW (#98-ZR1187):

PORTIONS OF THE S ½ OF SECTIONS 7, 8 & 9, ALL OF SECTIONS 17 &

18, AND A PORTION OF THE N ½ OF SECTIONS 19 & 20-T9N-R72W, A

PORTION OF THE SE ¼ OF SECTION 12, A PORTION OF THE E ½ OF

SECTION 13, AND ALL OF SECTION 24-T9N-R73W, ON COUNTY ROAD

68C; 3400+ ACRES; O-OPEN ZONING

This is a request for Special Review of the Ben Delatour Boy Scout Ranch to lift the non-conforming status of the existing ranch and expand the overall ranch by adding a Cub Scout Camp. Mr. Lafferty reviewed the history of the existing Boy Scout Ranch and described the project and location; he noted that the applicant and staff have resolved all the issues, except for one, which is the traffic scenario and adequate public facilities. Mr. Lafferty stated that the Engineering Department is requesting that the applicant double chip seal County Road 68C for 2.3 miles, at a cost of $72,800. Mr. Lafferty reviewed the size and scale of this project and noted that revisions and additions are being made to the existing facilities to bring them up to conformance with current County standards. Mr. Lafferty stated that at the Planning Commission meeting, the issue of adequate public facilities was discussed at length and it became obvious that a consensus could not be reached and so the Commission recommended\ approval of the Special Review, with one amendment to not include that portion of condition #4 relating to the improvements to CR 68C, and leave that decision for the Board of County Commissioners to decide.

Staff findings include: 1) The proposed Ben Delatour Boy Scout Ranch Special Review is in compliance with the Comprehensive Zoning Resolution and the Land Use Plan. The application satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed Camp is harmonious with the surrounding area and should not have any adverse affect on surrounding properties and their values; 3) If operated as stated in the applications materials and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment.

The Planning Commission/staff recommendation, with the amendment to condition #4, is for approval of the Ben Delatour Special Review, with the following conditions: 1) Operation of the Ben Delatour Boy Scout Camp Special Review shall be as specified in Exhibit A of the Ben Delatour Boy Scout Camp Special Review File, and as modified by conditions of approval. Exhibit A is a copy of the application and subsequent information submitted by the applicant. Any changes to the operations, as specified in Exhibit A or in conditions of approval, would require review and approval by Larimer County; 2) Prior to beginning any construction or operation of the Cub Scout Camp or other improvements at the site, the following items must be submitted and approved: a) Final Site Plan showing all existing and proposed improvements, road layout and parking areas. Final erosion control, grading and drainage plans to address the requirements of the County Engineering Department shall be included; b) Road construction plans and specifications. An access permit for the Cub Scout Camp shall be required prior to any construction; 3) Prior to construction of any building or other site improvement, building permits shall be required; 4) Prior to the issuance of a building permit for any portion of the Cub Scout Camp, the applicant shall comply with the requirements of the Larimer County Engineering Department comments dated October 21, 1998 and February 1, 1999, as prepared by Mark Peterson, except that portion which states that dollars shall be paid up front for improvements to County Road 68C (APF); 5) Prior to the issuance of a building permit for any portion of the Cub Scout Camp or additions to the Boy Scout Camps, the applicant shall comply with the requirements of the Larimer County Health Department comments dated September 30, 1998, as prepared by Doug Ryan; 6) Prior to beginning operation of the Cub Scout Camp, all required improvements (access and road construction or fees, erosion control, grading and drainage features, parking) shall be completed, inspected and approved by County Engineering; 7) Prior to the issuance of a building permit for any portion of the Cub Scout Camp, or additions to the Boy Scout Camp, the applicant shall submit and have approved by Tony Simons, Larimer County Wildfire Safety Coordinator, a final Wildfire Mitigation Plan.

Bill Kaufman, attorney for the Longs Peak Council of Boy Scouts of America, introduced Reed Brannon, Chief Scout Executive for the Council, Terry Dunn, Program Director for the Longs Peak Council, and Bob Everitt, Member of the Board of Trustees and Chairman of the Campaign for fundraising for this project.

Mr. Morie, Architect and Designer for the project, submitted and reviewed a memo dated March 15, 1999 outlining their position and several handouts showing a projected traffic analysis for Cub Scout Camp activity and number of people expected for the months of June, July and August 2000; he noted that the applicant believes that the suggested requirement for double chip sealing of 2.3 miles of existing CR 68C before any activity associated with the Cub Scout expansion can begin is not warranted or supportable based upon the traffic analysis they presented. Mr. Morie proposed that any requirement for financial contribution to upgrade the road with a double chip seal application be done on a timeframe that is consistent with an overall justification in the increase in traffic counts because this deferral of potential expense will allow the Boy Scouts to include the costs of this improvement in their fund raising activities for Phase Two. Another issue raised by Mr. Morie is a concept of proportionate contribution to those improvements, as they believe the proportion of scout traffic on this road will be less than 50% and to impose a 100% cost burden on the Boy Scouts represents an unfair imposition of cost relative to use; Mr. Morie offered a new condition #4, as written in the memo dated March 15, 1999.

Questions from the Board and much discussion followed; Mr. Morie suggested that after the completion of Phase I, a new traffic count should be taken and then the situation re-evaluated. Mr. Everitt noted that he surmises that a lot of people will start using the "Y" being constructed in the road about 5 miles southwest of the Boy Scout Camp that goes to Red Feather Lakes rather than this road because it will shorten their trip and it would be wise to take another count before Phase II. Lucille Schmidt, adjacent property owner to the subject property, stated she is in favor of the Special Review and noted that the land was given to the Boy Scouts for Scout activities and should be used accordingly.

The discussion phase of the Commissioners ensued and more questions were asked; Mr. Peterson stated that when Phase I is completed, it will generate 100 extra trips per day and add 50 to 100% more use than now and dust suppression measures will be needed; he noted that double chip sealing will take care of the problem and require less maintenance in the future and what is being asked is a one-time cost and a reasonable contribution for the proposed activity. There was much discussion of when Phase II will start and it was noted that date will be determined by many factors, such as financial ability as well as demand of participants; Mr. Everitt and Mr. Brannon stated that in reality it would be 2001 or 2002 before the money will be raised for the double chip seal and Phase II. Mr. Morie asked to address the Board again.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the public comment portion of the hearing to receive more public testimony.

Motion carried 3-0.

Mr. Morie stated that with regard to the subject of proportionality, the Boy Scouts would be willing to drop that portion of the proposed condition. Mr. Everitt offered a compromise to split the difference of the cost for the double chip seal between the applicant and the County and do the double chip seal now; he noted this would realize savings for the County by their not having to do dust abatement the next two years. The Board liked the suggestion; Mr. Engemoen stated that his department could find the money for our share, but it would mean that they would probably do less overlay work scheduled in the Estes Park area and he would also have to cut back on other maintenance efforts in the County. Mr. Engemoen stated that one issue to consider is that the double chip seal probably won't hold up as well through the construction phase and will last much longer if it is done after construction is completed.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and Planning Commission/staff recommendation and approve the Ben Delatour Boy Scout Ranch Special Review (#98-ZR1187), with conditions as outlined above, and include one additional requirement that within a period of time, no more than seven years, deemed necessary by Larimer County, the Boy Scouts will participate in a double chip seal on their portion of the road, 2.3 miles, no sooner than 2001 and no later than 2006.

Commissioner Disney offered a friendly amendment to the motion that the cost to the Boy Scouts of America for the double chip seal, whenever it will happen, will be no more than $73,000 and the County will absorb the additional cost.

Motion carried 3-0.

The meeting adjourned at 4:50 p.m.

TUESDAY, MARCH 16, 1999

ADMINISTRATIVE MATTERS

(#458 @ 300 & #460)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Linda Bobbitt, Health & Human Services Managed Care Specialist; Randy Ratliff, Acting Executive Director for Mental Health Center; Jim Reidhead, Director Rural Land Use Center (RLUC); Brenda Gimeson, RLUC Technician; Greg Pickett, Director Parks and Open Lands; Mark Peterson, County Engineer; Dave Mosher, Support Services Manager; Donna Hart, Commissioners Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF MARCH 8, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 8, 1999:

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF MARCH 22, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of March 22, 1999:

Motion carried 3-0.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

-- Mr. Lancaster requested the consent agenda be amended to add a Memorandum of Understanding from Colorado State University.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the addition of a Memorandum of Understanding between the Colorado Department of Local Affairs Colorado State University Cooperative Extension and Larimer County to the consent agenda.

Motion carried 3-0.

4. APPROVAL OF THE CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for March 16, 1999:

PETITIONS FOR ABATEMENT OF TAXES, as recommended by the County Assessor, were approved for the following: George A & Luanne P. Sager, Robert & Doris Miller, Duane E. Sr. & T. JoAnne Ehrlich, Scott M. & Tammy L. Rees, Shirley Lois Frank, Laura Ann Inman, Randall Lee & Anita Louise Pollock, Adam J. Weinrich, Steven D. & Heather Warren, Executive Car Wash, and Star Video.

MISCELLANEOUS DOCUMENTS: Human Services Check Warrant Register for February 1999. LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to Johnson's Corner Campground, Inc. - 3.2% - Loveland, CO.; National Park Village North - 3.2% - Estes Park, CO. and National Park Village North - 6% - Estes Park, CO. Licenses were issued to: Carter Lake Marina - 3.2% - Loveland, CO.; Pot Belly Restaurant and Lounge - 6% - Red Feather, CO.; and Glen Haven Inn - 6% - Glen Haven, CO.

A99-34 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND ROGER A. MAUER (Cindy

Lane Estates Subdivision)

A99-35 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND WILLOWOOD

CORPORATION (Vista View Estates, P.U.D. Phase 2)

A99-36 EQUIPMENT AGREEMENT BETWEEN COLORADO STATE

FOREST SERVICE AND THE TOWN OF ESTES PARK

A99-37 AGREEMENT FOR CONSULTING SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BALLOFFET &

ASSOCIATES, INC. (Develop Master Plan Monitoring and

Evaluation Program)

A99-38 AMENDMENT TO THE DEVELOPMENT AGREEMENT

RELATING TO DEVELOPER'S OBLIGATIONS IN THE BLUFFS

AT PREGEL'S FARM RURAL LAND PLAN (fka Petersburg Farm

Rural Land Plan)

A99-39 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KING'S AUTO SALES SERVICE, INC.

(Car Repair & Car Donation)

A99-40 LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

A99-41 MEMORADUM OF UNDERSTANDING BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF

LOCAL AFFAIRS, COLORADO STATE UNIVERSITY

COOPERATIVE EXTENSION (Provide Technical Assistance in a

14-County Area of Northern and Eastern Colorado)

R99-34s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

CINDY LAKE ESTATES SUBDIVISION)

R99-35s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS

ON SALE OF LOTS IN VISTA VIEW ESTATES P.U.D.

Motion carried 3-0.

5. UPDATE ON MENTAL HEALTH BLUE RIBBON PANEL: Ms. Bobbitt introduced Dr. Richard Guest, Chair of the Mental Health Blue Ribbon Panel; Dr. Guest reviewed the highlights of the progress to date of the Blue Ribbon Panel. Dr. Guest stated that at the beginning of the process, two facilitators were retained to work with them to help gather information, but as they got into the process, it became evident that they were not needed and they concluded they were capable of doing it themselves and save the County's money. The Board expressed their appreciation to the Blue Ribbon Panel for their hard work and for their hands on approach without the facilitators.

6. APPOINTMENT OF MEDICAL DIRECTOR FOR MENTAL HEALTH: Mr. Ratliff requested Board approval for the appointment of Dr. John Rennick as Medical Director for the Larimer County Mental Health Center, effective April 1, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the appointment of Dr. John Rennick as Medical Director of the Larimer County Mental Health Center, effective April 1, 1999.

Motion carried 3-0.

7. RLUC VARIANCE REQUEST: Mr. Reidhead stated that the applicant, Buzz Burrell, is requesting a variance from the Board to not adhere to the requirements of the County Engineering for the internal road crossing of the Shegar Final Rural Land Plan, formerly known as Geneva RLUP, north of Lyons, Colorado; he noted that Mr. Burrell has provided a professionally engineered and stamped design for the crossing completed by a licensed civil engineer and thinks their design is suitable for this project and the design standards required by County Engineering are above and beyond what is required for the standard of development cited in the Rural Land Use process. Mr. Reidhead continued that the applicant feels he has provided satisfactory information and is requesting approval based on the existing technical studies. The RLUC recommendation is for approval of the applicant's proposal for driveway crossing of Dry Hollow drainage. Mr. Burrell reviewed the background of his project; he noted that Scott Cornell from the Engineering Department originally told him what he needed to do a year ago and he hired an Engineer to do the hydrological investigation. Mr. Burrell stated that he believes the proposed design is very safe and extremely conservative in its analysis and has been professionally engineered and approved and was designed using well-established standards used by other nearby government entities and is more than adequate considering the specifics of the situation; he submitted photos of the site and noted that this crossing will serve three homes. Mr. Peterson stated that to grant this variance will violate road criteria and he noted that this plan does not even meet Boulder County's standards. Mr. Burrell stated that he did what Scott Cornell required and what Mr. Peterson is asking is unreasonable; after much discussion, Mr. Burrell stated that the would be happy to include a liability release on the plat and in the covenants and the road could be marked with a warning in case of heavy rainfall. Commissioner Rennels stated that she is interested in good marking and the liability release and suggested that Mr. Burrell work with Mr. Peterson on the amount of rip rap to reduce the amount of overflow; she has no problem with the variance if these things are done so the residents are aware of what can happen and the Board will talk to the County's legal department about the liability release. Commissioner Disney stated he has no problem with the variance, but he would like some of Mr. Peterson's concerns addressed and get the overflow closer to six inches. The Board asked Mr. Peterson to personally visit this site and do some further calculations and review Boulder County's criteria for this area and try and come up with a compromise situation that will be suitable to the Board and not as restrictive as subdivision regulations. Mr. Peterson will visit the site within the week and report back to the Board during Administrative Matters next week; the Board stated that they want design standards for a 10-year event.

8. SAFETY IMPROVEMENTS AT FAIRGROUNDS: Mr. Pickett requested authorization from the Board for an additional expenditure of $40,000 from the General Fund for necessary health and safety improvements to the commercial building and camping facilities at the Fairgrounds; he noted that these improvements will give a 3 to 5 year extended life to the commercial building.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of $40,000 from the Capital Expenditures Fund to be expended for health and safety repairs to the Commercial Building ($35,000) and camping facilities $5,000) at the Fairgrounds, as requested.

Motion carried 3-0.

9. STAFF REALIGNMENT IN INFORMATION MANAGEMENT SERVICES: Mr. Mosher requested approval from the Board to re-align some Information Support Services Department positions in order to maintain the high level of customer service provided by the Mail Center and Micrographics/Imaging sections to allow them to meet on-going demand for services, as well as giving the department more ability to cross-train and back up various sections of the department as the work load requires. Mr. Mosher requested Board approval to increase staffing by ¼ of 1 FTE; he noted that two people have requested to go ½ time, which Human Resources has approved, and with the money saved, they can hire two entry level positions - ½ time office clerk and a ¾ time Info Tech. Mr. Mosher stated that this request can be accomplished within their existing budget.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request for creation of a permanent ½ time Office Clerk 1 (Grade 130) in the Mail Center and a permanent ¾ time Information Technician 1 in Micrographics/Imaging (Grade 136); monies for these positions will be realized from salary savings from re-structuring of two existing Micrographics positions.

Motion carried 3-0.

10. WORKSESSION:

-- Mr. Lancaster stated that the Planning Department is requesting authorization from the Board to add a .4 FTE to position Planng 015 to allow for replacement of the .6 position currently held by Richael Michels, to make the position 1 FTE.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the addition of .4 FTE to position Planng 015 to become a 1 FTE position, as requested.

Motion carried 3-0.

-- Mr. Lancaster reminded the Board that Larimer County has a joint meeting with the City of Loveland on the 5th Tuesday of the month; he asked if the Board had agenda items to be discussed. The Board said they need to discuss TDU (Transferable Density Units) and the Loveland Courthouse. The Board said that Larry Timm, Director of Planning, Russ Legg, Chief Planner, and Deb Pierson, should be invited to attend the meeting.

-- Discussion ensued regarding the interviewer for the consultant for the I-25 corridor study to represent Larimer County.

-- Mr. Lancaster requested clarification and direction from the Board regarding a letter received from the Sheriff concerning a previous meeting in which he states that he requested additional funds to purchase an additional vehicle and a polygraph machine with monies to come out of car savings. Mr. Lancaster understood the Board wanted to consider using Drug Seizure Funds to purchase the polygraph, if possible; however, since the balance in the Seizure Fund is only $721.00, other sources of funding need to be considered. Mr. Lancaster noted that monies for the polygraph machine could be taken out of the Capital Replacement Fund or out of the Sheriff's existing budget. Much discussion ensued regarding if the additional vehicle can be legitimately funded from car savings. The Board said that the referenced meeting was a worksession and the only discussion was about the vehicle and, as the Board cannot make decisions at a worksession; Chair Olson stated that she thinks Sheriff Alderden left the meeting thinking he had approval, when he did not.. Chair Olson stated that another concern she has is that any savings in a department are to go back into the General Fund. Commissioner Disney stated that he would like more accountability of the monies in the Seizure Fund to avoid confusion in the future and he asked if the Commissioners have the authority to require a better accounting procedure for this fund and if they are willing to dedicate staff time to set this up? The Board decided to schedule a special meeting with the Seizure Fund Committee to discuss this possibility. The Board also stated they want to know how much money has been realized from the car savings, how much has been committed out of the savings, and how much is left. Mr. Lancaster stated that he will draft a letter to send out to department heads and elected officials that technically, if purchases are made without that purchase being in the budget, whoever makes the purchase is personally liable for that purchase. The Board supported sending out such a letter.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the purchase of the polygraph machine for the Sheriff's Department, with monies to be derived from the Capital Replacement Fund, and authorize the purchase of an additional vehicle from car savings realized in the Sheriff's Department.

Motion carried 3-0.

11. COMMISSIONER REPORTS:

-- Commissioner Disney reported that two of the transportation studies are nearing completion - the Upper Front Range 20-year plan and Transportation Alternative Feasibility Study of the I-25 Corridor; he stated that he and Mark Peterson and he would like to meet with the Board on the Upper Front Range Plan and criteria for ranking projects because he wants to make sure he is speaking on behalf of the whole Board when scoring and rating the projects. The Commissioners concurred with the suggestion to schedule that meeting.

At this time, County Attorney George Hass, Ed Volz, Director Estes Park Library, Al Wasson, President Library District Board of Trustees, and Jonathan Heroux, Vice President U. S. Bancorp Piper Jaffray, Inc., joined the meeting for Legal Matters.

12. LEGAL MATTERS:

-- Mr. Hass requested Board approval and the Chair's signature on a bond purchase agreement and resolution authorizing refunding and refinancing of the Estes Park Library general obligation bonds. Mr. Wasson stated that this refinancing results in significant savings for the District taxpayers and he expressed appreciation to the County staff for their assistance in realizing these savings.


M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the resolution authorizing the refunding of existing bonds and issuing new bonds for the Estes Park Library District and execution of the bond purchase agreement for the new bonds to be issued, and authorize the Chair to sign both documents.

Motion carried 3-0.

A99-42 BOND PURCHASE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND U. S. BANCORP PIPER JAFFRAY,

INC. (Issuance of $945,000 in Bonds for Estes Valley Public Library

District)

R99-36g RESOLUTION AUTHORIZING THE REFUNDING OF EXISTING

BONDS AND ISSUING NEW BONDS FOR THE ESTES PARK

LIBRARY DISTRICT

-- Mr. Hass requested Board approval of a contract, which is an extension of an existing contract, regarding funding for the One-Stop Career Center at Employment and Training Services; he noted that this extends the existing contract through December 31, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the extension of the One-Stop Career Center contract, and authorize the Chair to sign same.

Motion carried 3-0.

C99-10 CONTRACT FOR EXTENSION OF EXISTING CONTRACT

REGARDING FUNDING FOR ONE-STOP CAREER CENTER

-- The Board explained the variance request, which was discussed at length earlier this morning, to Mr. Hass and asked if it would be legal to require a liability release on the plat; Mr. Hass responded in the affirmative, noting that it would serve the purpose of putting the homeowners on notice that if the road washes away, it is not the County's problem. Mr. Reidhead stated that this liability release could be included in the developer's agreement, on the plat, and in the homeowners' covenants; Mr. Hass stated that it could be put on the plat and the title insurance policy always say it is subject to the terms of the plat and the covenants and also include it in the final Findings and Resolution.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:40 a.m. to discuss negotiation issues.

Motion carried 3-0.

The Executive Session ended at 12:10 p.m.; no action taken.

MEETING REGARDING SALES TAX COLLECTIONS

(#461)

The Board of County Commissioners reconvened at 2:00 p.m. with Carol Block, Director of Financial Administration, and Fred Fisher, Director of the Colorado State Department of Revenue. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Ann Lujan, Sales Tax Administrator; Frank Lancaster, County Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

Ms. Block explained that the purpose of today's meeting with Mr. Fisher is because of their concern about the County's sales tax figures, particularly the growth in County sales tax compared to the Cities within our County and the State and to try and come up with some way to resolve this issue to either figure out the cause, fix it, or if it is not something that needs to be fixed, then to understand what is going on and what can be done about it.

Mr. Fisher stated that he is glad to have this opportunity to talk to the Board; he noted that Mr. Fagan briefed him on the problem before he left in January. Mr. Fisher stated that he has continued to have the staff follow leads with regard to where the problem might be; he noted that those leads might go in any direction - whether it is a forecasting problem, tax base problem, or a processing problem, including computer and manual processing on their end. Mr. Fisher stated that yesterday he met with a group of 8 people from the Dept. of Revenue (DOR) in preparation for this meeting to understand from them what they had done so far, if they had any answers, and where they recommend we go from here; he noted that as he asked more questions yesterday, he became more and more aware that they didn't have the right answers to give to the Board. With regard to the future, Mr. Fisher suggested several alternatives: 1) They could continue internally asking these same people to spend more of their time, or maybe a group full time on their internal systems, to come up with the answer as to why there are differences between the Counties and Cities, or 2) Invite the State Auditor and County Auditor to come into the department and do the same thing. Mr. Fisher stated that he willing to do either alternative; he noted that as a new Director, it is good for him to go through the exercise anyway, but the second alternative could be a longer process because of the State Auditor's timing.

Commissioner Disney asked if it would expedite the process if we did a combination of the two alternatives because he is concerned about timing. Chair Olson noted that there are other Counties also concerned. Ms. Block suggested that an excellent combination would be to have the State auditor's scope of audit look at the process for collecting County sales tax and then, if the State Auditors identify a particular weakness, the DOR staff could zero in and look at that for Larimer County and the State Auditor could help focus where to look. Ms. Block noted that Larimer County doesn't have a Sales Tax Auditor, because we don't have the authority to audit sales tax accounts, but we would like to have some input with the State Auditors when they are figuring out the scope of work and Ms. Lujan could contribute to that process. In conclusion, Mr. Fisher stated that what he is hearing is that he should engage the State Auditor with an assignment to take a broad look at the sales tax collection process and his office will need cooperation from the County with information from the County's auditor and staff. Commissioner Rennels asked if the County could hire an auditor specifically for this purpose; Ms. Block responded that we would need to find someone with local government sales tax expertise. Ms. Block stated that when an auditor is engaged, she would like the scope to focus on County collections rather than on how sales taxes are collected in general because the process is not the same.

Mr. Fisher stated that tomorrow morning he will get with the State Auditor and have him write a letter proposal for the Board to read before we sign him on and have him specify what help he will need from Larimer County. Commissioner Rennels stated that she would like to see us engage someone to represent us as soon as possible.

The Board expressed appreciation to Mr. Fisher for coming today and stated they will assist in any way they can.

The meeting adjourned at 2:35 p.m.

THURSDAY, MARCH 18, 1999

MEETING REGARDING "NEW LETA DIRECTION"

#461 @ 1000

The Board of County Commissioners met at 2:00 p.m. with Andy Paratore, Information Management Services. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: Sheriff Jim Alderden, Lt. Steve Bebell, Sheriff's Department Information Services, Bob Keister, Budget Manager; and Frank Lancaster, County Manager. Recording Clerk, Sherry Graves.

Mr. Paratore stated that the purpose of today's worksession with the Board is to provide an update for the Board on the Larimer Emergency Telephone Authority (LETA) and discuss what direction it should take in the future. Mr. Paratore reviewed the history of LETA, noting that it was set up to allow entities to collect money from phone bills to build the E911 system; he stated that there are five public safety answering points (psap) in the County - Sheriff, Fort Collins and Loveland Police, Colorado State University and Estes Park. Mr. Paratore discussed the membership of LETA and their dissatisfaction with their current role and function and would like to have new direction. Mr. Paratore stated that what they would like to do is wean the psaps off of LETA money for operations and maintenance, and have the entities cover that expense, and go to a 50/50 match on large capital projects that promote partnerships and virtual dispatching and possibly have only 2 psap locations rather than 5. Mr. Paratore informed the Board that they are going to be developing a grant process, and their goal is to have the decision made by July or August to meet everyone's budget cycle. Much discussion followed; the Board will talk to the other entities about the proposed changes for LETA discussed today.

The meeting adjourned at 3:00 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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