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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, May 27, 2002

County offices were closed on Monday, May 27, 2002 in observance of Memorial Day.

TUESDAY, MAY 28, 2002

ADMINISTRATIVE MATTERS

(#53)

The Board of County Commissioners met with County Manager Frank Lancaster; Chair Gibson presided and Commissioner Bender was present. Also present were: Carol Block, Finance Director; David Bell, Hanifen Imhoff; Bob Keister, Budget Manager; Dave Spencer, Facilities Director; Dale Miller; Road and Bridge Director; Donna Hart, Commissioner's Administrative Manager; Melinda Keen, Commissioner's Secretary II; K-Lynn Cameron, Open Lands Manager; Kerri Traynor, Open Lands Technician II; and Gael Cookman, Recording Clerk.

1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 20, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of May 20, 2002 as presented.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JUNE 3, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of June 3, 2002.

Motion carried 2 - 0.

4. APPROVAL OF THE CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda for May 28, 2002:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Campbell Development, Inc.; Thomas and Better Carpenter; Barbara and Steven Galbo; Donald and Sandra Humphrey; Key Bank (2 parcels); Westrent Financial; and David White.

A02-69 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, DOUGLAS AND VICKY ANDERSEN AND THE IRIS HILL CONSERVATION DEVELOPMENT HOME OWNERS ASSOCIATION FOR THE IRIS HILL CONSERVATION DEVELOPMENT

A02-70 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NOLTE ASSOCIATES, INC. FOR THE DESIGN OF COUNTY ROAD 5 FROM FAIRGROUNDS ENTRANCE TO COUNTY ROAD 30

A02-71 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BULLOCK, SMITH AND PARTNERS, INC., FOR FULL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE LARIMER COUNTY FAIRGROUNDS AND EVENTS CENTER

C02-15 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TARCO, INC., FOR CONSTRUCTION PROJECT NO. 213 - REPLACEMENT OF SUMMITVIEW BRIDGE

C02-16 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ASENTEK, INC. FOR FUNCTIONAL CONSULTING SERVICES FOR THE HUMAN RESOURCES MANAGEMENT SYSTEM (HRMS) PROJECT IMPLEMENTATION

R02-91 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR IRIS HILL CONSERVATION DEVELOPMENT

MISCELLANEOUS: Amended Plat of Lots 42 & 43 Crystal Lakes 11th Filing; and Final Plat of Iris Hill Conservation Development.

LIQUOR LICENSES: The following licenses were approved: JJ's Lounge - 6% - Fort Collins, CO; Rocky Mountain Gateway #1 - 6% - Estes Park, CO; Rocky Mountain Gateway #2 - 3,2% - Estes Park, CO; Boys and Girls Clubs of Larimer County - 3.2% - Loveland, CO - SPECIAL EVENT PERMIT.

Motion carried 2 - 0.

5. DISCUSSION OF ISSUANCE OF DEBT FOR COMPLETION OF THE COURTHOUSE AND PURCHASE OF MIDPOINT: Ms. Block explained that the purpose of this discussion was to give the Board the latest information on both the completion of the Courthouse Office Building and the purchase of the Midpoint Office Building. She noted that the project budget totaled $11 million - $5.7 million for the Courthouse Office Building and $5.3 million for the purchase of the Midpoint Office Building. Ms. Block further explained that the length of debt would be 9.5 years for the Courthouse and 10 - 15 years for Midpoint. And finally she noted that the estimated interest rate was between 2% and 4.9% depending upon which maturity was purchased, and the estimated total repayment cost was $15.9 million. Some discussion ensued regarding the debt structure, the insurance rating, the bonds, and whether or not the parcels in between the Sheriff's Detention Center and the Midpoint Office Building would be included in the purchase. Mr. Spencer noted that the one additional lot in between the two properties is being negotiated in the sale of the Midpoint building.

6. POLICY WAIVER TO ALLOW ROAD AND BRIDGE TO OPEN VACANT POSITIONS TO CURRENT ROAD AND BRIDGE EMPLOYEES PRIOR TO ADVERTISING TO OTHER EMPLOYEES AND THE PUBLIC: Mr. Miller requested a permanent waiver of policy to offer current Road and Bridge employees the ability to advance within the Road and Bridge Department before advertising vacancies to other county departments or the public at large. He explained the advantages are that it supports the concept of promoting from within, it considers first the worth of the current employees in the future of the organization, and it promotes positive morale with current employees. Mr. Miller then explained the potential disadvantages as it may delay the influx of new employees and their experiences to the Road and Bridge Department. Some discussion ensued regarding the actual county policy itself, and whether or not the policy should be changed to benefit all departments rather than just waive the policy for one department. Mr. Lancaster suggested that the Board grant the waiver for a specified amount of time, so that Mr. Miller could proceed with his department goals, and Mr. Lancaster will set a meeting with the Human Resources Director in order to obtain the history and input on this particular county policy.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a waiver of the Larimer County Policy Manual, Chapter 2, Section 204, for a period of six months in order to allow the Road and Bridge Department to open vacant positions to current Road and Bridge employees prior to advertising to other county employees and the public.

Motion carried 2-0.

7. BOARDS AND COMMISSIONS APPOINTMENTS: Ms. Keen reviewed the following appointments with the Board. Board of Adjustment: Kent Bruxvoort (appointment) and Jeanne Laudick (reappointment) for a three year term expiring June 30, 2005, and Evelyn King (appointment) for a two year term expiring Jun 30, 2004. Community Corrections Advisory Board: Lowell Richardson (appointment) for a three year term expiring June 30, 2005. Environmental Advisory Board: Ramon Ajero, John Bartholow, Raymond Herrmann, and Dave Swartz (reappointments) for a three year term expiring June 30, 2005; Barry Noon and James Skarbek (appointments) for a two year term expiring June 30, 2004; and John Worthington (appointment) to fill a one year unexpired term ending June 30, 2003. Rural Land Use Board: Michael Ehler, Tom Jackson, and William Sears (reappointments) for a three year term expiring June 30, 2005; Benjamin Mahrle (reappointment) for a two year term expiring June 30, 2004; and Randy Fischer (reappointment) for a one year term expiring June 30, 2003.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the appointments to the various Boards as outlined above.

Motion carried 2-0.

  1. WORKSESSION: Mr. Lancaster presented the Board with a Resolution noting that the Board had just approved this Resolution approving an investigators salary a week prior; however, the District Attorney's office had an error in the salary figure. Mr. Lancaster asked for the Board to rescind the previous Resolution and adopt the Resolution with the correct salary figure.
  2. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners rescind Resolution Number R02-89, which was previously approved on May 21, 2002.

    Motion carried 2-0.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Resolution setting Jason St. Aubin's salary at $3,708.33 per month.

    Motion carried 2-0.

    R02-92(a) RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL JASON St. AUBIN

    Mr. Lancaster also had a brief discussion with the Board regarding the Air Force Association's request that Larimer County sponsor a memorial featuring a vintage T-38 airplane. The Board noted that there has not been enough feedback from the other entities that are, or should be, involved in this project, such as the Veterans of Foreign Wars, the Air Force Cadets, and the City of Fort Collins. The Board agreed that they were not ready to commit to this project without knowing where the other entities stood, however, they asked Mr. Lancaster to keep working on the project.

  3. COMMISSIONER REPORTS: The Board individually noted their attendance to events within the past week.
  4. LEGAL MATTERS: None.
  5. EXECUTIVE SESSION: Ms. Cameron requested that the Board go into Executive Session to discuss land negotiations.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into Executive Session to discuss land negotiations as outlined in 24-6-402-(4) (e) C.R.S.

Motion carried 2-0.

The Executive Session ended at 11:15 a.m. The meeting adjourned with no further action taken.

THURSDAY, MAY 30, 2002

PUBLIC HEARING REGARDING IMPOSITION OF

ASSESSMENTS FOR LIN MAR LOCAL IMPROVEMENT DISTRICT

(#55)

The Board of County Commissioners met at 1:30 p.m. for the Lin Mar Local Improvement District (LID) Assessment Hearing. Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Linda Sanders, Engineering Staff Services Manager; Rex Burns, Project Engineer; Marc Engemoen, Public Works Director; Rusty McDaniel, Assistant County Engineer; and Gael Cookman, Recording Clerk.

Mr. Burns noted that this Hearing was necessary to meet the legal requirements to impose assessment fees regarding the Lin Mar LID; he explained the history of this process noting that an election was held in 2000 during which the homeowners voted to create the district. Mr. Burns explained that they first went to bid on this project in the summer of 2001, but the bids came back too high and construction on this project was purposely delayed so that a more reasonable bid could be obtained in the spring of 2002. He further explained that they now have a bid, which is $60,000 less than the bids from 2001, but the figure still exceeds the construction project budget. Mr. Burns noted that in order to complete the project within budget they will try to match the grades of the existing driveways, which will allow them to avoid the costs of re-pouring these driveways. He also explained that they will probably only place curb and gutters along the northside of Wakonda Drive, instead of along both sides, noting again, that this will cut the overall cost of the project. Some discussion ensued regarding the drainage and how the construction might take advantage of the sloping of the street to the north. Finally, Mr. Burns noted that there will be a public meeting on June 12, 2002 from 5:30 p.m. to 7:30 p.m. to discuss the possibility of creating a Drainage Assessment District.

At this time the Board opened up the meeting for public comment. Patrick Williams addressed the Board and stated that he believed the road was wide enough and that sidewalks were not necessary; he suggested that the County not install sidewalks and use the savings to improve the drainage situation. Mr. Peterson responded by explaining that they would still need to install the curb and gutters along the northside of the road to convey the drainage water. He also noted that the nominal savings that would be obtained by not installing sidewalks would be offset by the need to then landscape and provide sprinkler systems for the areas that were left. Sue Radford addressed the Board noting that the project is on a very tight budget but she believed that they are currently at a decent compromise; she also noted that there is one property that is only being assessed at half a share, but she believed that it should be a full share since the property owners are now taking access to their property strictly off of Wakonda Drive and not Overland Trail. William Mosley stated that he agreed with Ms. Radford. Scott Anderson asked if the County would retrofit new curb and gutters to the existing sidewalk. Mr. Peterson stated that they would pave up to and against the current sidewalks and create a gentle cross slope that would continue the drainage to the northside of the road. Mr. Anderson was concerned that they would start work prior to knowing whether or not there would be curb and gutter on both sides of the road, but Mr. Peterson assured everyone that construction would not begin until after the meeting on June 12, 2002, which would determine whether or not a Drainage Assessment District would be formed. Ms. Radford asked if the Board would adopt the road for county maintenance after the improvements were complete. The Board could not guarantee Ms. Radford that the road would be adopted for county maintenance. Mr. Burns noted that the HomeOwners Association could submit a request for the county to adopt the road after the improvements were complete and after the one-year warranty period had passed. Mr. Anderson had some questions on whether or not the new subdivision being built to the north would be utilizing Wakonda Drive to facilitate construction. Mr. Burns noted that when the Poudre Overlook is built they would not be using Wakonda Drive or any other internal streets in their subdivision; he explained that the roads that connect the two subdivisions would be blocked and used for emergency access only.

At this time Chair Gibson closed public comment. Commissioner Rennels asked staff to address the half assessment vs. full assessment on the lot that had two accesses, and she questioned where the water runs when it drains down the northside of Wakonda Drive. Then Commissioner Rennels read for the record a letter that she received from Tim and Pam Sollazzo, which noted they are not in favor of the LID and that they are not participating in the subdivision's Home Owner Association. Ms. Radford noted that she could speak to the letter and the Board reopened public comment.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners reopen public comment.

Motion carried 3-0.

Ms. Radford explained that there are some people that use Wakonda Drive and who live in the subdivision that are not in favor of the LID or participate in the HomeOwner Association. Tim Sollazzo addressed the Board stating that he and his wife have not been in favor of the LID since its inception, and he is not in favor of the assessments.

Chair Gibson closed public comment. Some discussion ensued regarding whether or not to impose a full assessment on the property owners that are now taking access off of Wakonda Drive, instead of Overland Trail. The Board recessed for five minutes to discuss this with staff.

The Board reconvened and Ms. Sanders read for the record the assessments noting that 45 lots would be assessed and all are residential. She further noted that one lot is being assessed at half a share and 2 lots are being assessed at a quarter of a share. Ms. Sanders explained that the residents have the option of paying the assessment in full prior to September 1, 2002 in order to avoid paying any interest.

Commissioner Rennels stated that she felt that the property owners that are now taking access off of Wakonda Drive should be assessed a full share; however, in order to allow the project to move forward, then she would agree with the assessments as presented. Commissioner Bender stated that since they really cannot determine which access is being used most frequently, then he would also support the assessments as presented.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners adopt the Resolution approving Larimer County Local Improvement District Number 2000-2 for Lin Mar Subdivision.

Motion carried 3-0.

R02-92(b) RESOLUTION APPROVED THE WHOLE COST OF THE IMPROVEMENTS TO BE MADE IN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2002-2 (LIN MAR SUBDIVISION); APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS

The meeting adjourned at 2:35 p.m. with no further action taken.

_____________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

S E A L

(A T T E S T)

__________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.