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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 25, 1994

BOARD OF EQUALIZATION HEARINGS

The Board of County Commissioners convened at 9:00 a.m. as the Board of Equalization to hear appeals of property valuations. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Bill Gordon, County Administrator. Recording Clerk, A. Jensen.

The hearings adjourned at 3:00 p.m.

TUESDAY, JULY 26, 1994

BOARD OF EQUALIZATION HEARINGS

The Board of County Commissioners convened at 9:00 a.m. as the Board of Equalization to hear appeals of property valuations. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Frank Lancaster, Incoming County Administrator. Recording Clerk, A. Jensen.

The hearing recessed at 9:30 am.

BRIEFING WITH PRESIDENT OF FORT COLLINS, INC.

(#81)

The Board of County Commissioners reconvened at 10:15 a.m. in regular session with Roland Mower, President Fort Collins, Inc. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Enterprise Zone Administrator Lew Wymisner; Bob Keister, Budget Manager; Neil Gluckman, Assistant to the County Administrator; and Frank Lancaster, Incoming County Administrator. Recording Clerk, S. Graves.

Mr. Mower described for the Board the new mission of Fort Collins, Inc. (FCI), noting that the existing general perception of FCI by the public is that their main focus is recruitment; however, they are attempting to change that focus by creating jobs in the

existing base. In this endeavor, they came up with four priorities--retention and expansion, followed by creation from within (looking at people that have businesses that live in the community and share common values) and improvement - targeted toward supporting the existing industry base.

Mr. Mower stated that the purpose of today's meeting is to ask the Board to consider adopting an economic development policy; FCI would like to have a policy which would allow companies which are expanding, or considering expanding in the community, to have an understanding of what is available in terms of personal tax credits. Mr. Mower noted that during the last legislative session, the legislature provided a single tool, basically a rewrite of Senate Bill 91-18, which is a personal property tax credit for companies which are making an investment within a jurisdiction. This legislation allows the counties, along with the cities and school districts, to consider providing a 50% personal property tax credit for a period of up to four years, to encourage capital investment.

Chair Duvall noted that this noon she will be attending a meeting with the Overall Economic Development Committee to discuss the Board's role in economic development. After discussion, it was suggested that the Overall Economic Development Advisory Board be included in writing a policy regarding economic development. Mr. Mower stated that FCI desires to work with companies that pay their own way, to make sure that the County is not harmed fiscally, that the community is enhanced economically, and that the jobs created are quality jobs--jobs which provide a livable wage in the community.

Chair Duvall stated that she does not favor economic incentives, but is interested in helping people that are already here to raise their economic level; she asked Mr. Mower if he is putting together a proposal to be brought to the Board for review or asking the Board to consider putting together a policy. Mr. Mower responded that he will be happy to work with staff in drafting a policy. With regard to the NCR issue, Chair Duvall asked about timing; Mr. Mower responded that FCI would like to respond to NCR by the first of August regarding where we stand as a community and what we can offer as a community. It was noted that previously the Board acted quickly to support the expansion of the Enterprise Zone, if the criteria was met, to include NCR; the Board is waiting for action from the City of Fort Collins regarding this matter.

The meeting recessed at 11:00 a.m.

BOARD OF EQUALIZATION

The Board of County Commissioners reconvened at 2:00 p.m. as the Board of Equalization to hear appeals of property valuations. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Frank Lancaster, Incoming County Administrator. Recording Clerk, A. Jensen.

The hearings adjourned at 4:10 p.m.

WEDNESDAY, JULY 27, 1994

ADMINISTRATIVE MATTERS

(#82 & #83)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator and Frank Lancaster, Incoming County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Laurie Klith, Sheriff's Department; Barbara Theim, Trilby Mobile Home Park Representative; Dick Anderson, Facilities Manager; Linda Coxen, Administrator District Attorney's Office; Jim Stokes, Director Information Manager; Bob Keister, Budget Manager; Jerry White, Zoning Administrator; Rex Smith, Director of Public Works; Joan Duchene, Office Supervisor Commissioner's Office; Neil Gluckman, Assistant County Administrator; and Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

1. PRESENTATION OF THE PROCLAMATION - "NATIONAL NIGHT OUT 1994": Ms. Klith described "National Night Out", which is a nationwide crime and drug prevention program and outlined the events scheduled in Fort Collins. Governor Romer will attend the big 'kick off' at City Park on July 31, and the big event on the 2nd of August in 24 neighborhoods. Ms. Klith stated there is a lot enthusiasm and they anticipate that next year will even be a larger event. Chair Duvall read the proclamation aloud.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Proclamation for National Night Out 1994 proclaiming Tuesday, August 2, 1994 as "National Night Out" in Larimer County, and authorize the Chair to sign same.

Motion carried 3 - 0.

2. DISCUSSION AND REQUEST FOR APPROVAL FOR EXPANSION OF DISTRICT ATTORNEY'S LEASE: Ms. Coxen and Mr. Anderson requested authorization from the Board to proceed with negotiations to acquire additional space in the Opera Galleria for the District Attorney's office; they currently occupy 6,976 square feet and are requesting an additional 2,156 square feet. Ms. Coxen stated that the additional expense for 1994 will be $3,342 and can be covered by consolidating to one floor and thru salary savings realized from the deletion of one half-time legal secretary. However, next year, an additional $13,000 increase will be added to the budget for rent for the additional space. It was noted that the DA's Office has had the same amount of space for seven years and have a 30% increase in staff. There was discussion of additional costs which will be incurred with the expansion, such as furniture, changing phone lines, shelving, security video cameras, etc. Commissioner Disney requested that workenders be used for the actual moving; Mr. Anderson agreed to this request.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize the District Attorney to negotiate a new lease at the Opera Galleria, not to exceed $111,045 with the inclusion of approximately 10% additional space, and direct the District Attorney to return to the Board for approval upon completion of the negotiations.

Motion carried 3 - 0.

Mr. Anderson also requested authorization from the Board for an additional $67,000 for new work stations, furniture, and other moving expenses, if they are successful with the negotiations and acquire the additional space. Mr. Keister reminded the Board that during the worksession at Commissioner Hotchkiss's cabin, an allocation of $50,000 was set aside for the District Attorney.

M O T I O N

Commissioner Disney moved that the Board authorize up to $50,000 for furniture and moving expenses for the District Attorney's move into the additional space requested, monies to be derived from the 1993 carry over.

Motion carried 3 - 0.

3. REQUEST FOR APPROVAL AND SIGNATURE ON A QUIT CLAIM DEED REGARDING CRYSTAL LAKES LOTS: Mr. White requested approval from the Board and the Chair's signature on a Quit Claim Deed to transfer five lots to the Crystal Lakes Association, noting that no county funds are involved and monies received from the sale of the lots to be used for improvements. Mr. Gordon recommended that in the future, these transactions be approved during document review.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Quit Claim Deed to Crystal Lakes Road and Recreation Association for Lots 18, 78, 80, 81, and 101 in Crystal Lakes, Twelfth, Thirteenth, and Fifteenth Filings P.U.D., as recommended by Mr. White, and authorize the Chair to sign the transfer of property.

Motion carried 3 - 0.

D94-20 QUIT-CLAIM DEED TO CRYSTAL LAKES ROAD AND

RECREATION ASSOCIATION FOR LOTS 18, 78, 80, 81,

AND 101, IN TWELFTH, THIRTEENTH, AND FIFTEENTH

FILINGS, P.U.D.

4. REQUEST FOR APPROVAL AND SIGNATURE ON THE LARIMER COUNTY TRANSPORTATION PLAN CONTRACT: Mr. Smith requested Board approval, and the Chair's signature, on a Contract for Professional Services for the development of the Larimer County Transportation Plan Board.

M O T I O N

Commissioner Disney moved that the Board approve the Contract for Professional Services with Felsburg, Holt & Ullevig in the amount of $63,200, monies to be derived from the 1993 carry over.

Motion carried 3 - 0.

C94-47 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FELSBURG,

HOLT & ULLEVIG FOR DEVELOPMENT OF THE LARIMER

COUNTY TRANSPORTATION PLAN

5. DISCUSSION REGARDING THE LAPORTE PLANNING ADVISORY COMMITTEE: Mr. Lancaster requested guidance from the Board whether or not they would like to conduct interviews of the applicants for the LaPorte Planning Advisory Committee. After discussion, Chair Duvall expressed her desire to interview the applicants and when they are scheduled, she will notify Commissioners Disney and Hotchkiss where and when and they will attend if they can.

6. WORKSESSION:

-- Mr. Lancaster noted that the Budget Conference is scheduled for September 28 thru 30, 1994 in Breckenridge and asked the Board how many plan to attend; the Board indicated they will all attend, as well as the Budget Manager and Mr. Lancaster.

-- Mr. Lancaster stated that Janice Yoxtheimer from the Assessor's Office has been the United Way Coordinator for the county this year and inquired if the Board is going to allow one day off from work for each department representative again this year, as they have in the past; CONSENSUS OF THE BOARD was to grant this request and allow one day off from work for all the department United Way representatives in the County, and expressed appreciation to Ms. Yoxtheimer for her time and effort as the Larimer County United Way Coordinator.

-- Mr. Lancaster reported that Ms. Hart is working on scheduling a meeting regarding the Detox Center and as soon as she is able to contact all the parties involved, the Board will be informed.

-- Mr. Lancaster presented the letters for the Board's signature to County Staff in appreciation for fighting the recent forest fires in Larimer County; letters of appreciation will also be sent to the Sheriff's Department and Emergency Services.

7. COMMISSIONER'S REPORTS:

-- Commissioner Disney reported that the Forest Service is going to do an assessment of the Meadowdale Ranch conservation easement south of Estes Park on Highway 36.

-- Chair Duvall reported on the Overall Economic Development Program (OEDP) Committee meeting she attended yesterday and noted the committee was originally formed to take advantage of federal monies; which never materialized. Chair Duvall stated that the committee has been questioning their purpose and Chris Zell, chairman of the committee, and Lew Wymisner asked if their responsibilities could be expanded. Chair Duvall responded that it would be helpful to the Board if they became the Economic Development Advisory Committee and work with CSU in developing a citizens' survey on economic development and growth management and asking what the role of the County should be regarding economic development. Mr. Zell and Mr. Wymisner agreed to this suggestion, if this is that the Board wants them to do. Chair Duvall asked her fellow Commissioners if they are in agreement with this suggestion and also if they would like to broaden citizen participation on this committee. CONSENSUS OF THE BOARD was to agree to expand the duties of the OEDP Committee and to broaden the membership on the committee; in addition, Commissioner Hotchkiss recommended that Mr. Gluckman should also be involved. Mr. Lancaster will talk to Mr. Wymisner and work with the committee on defining their role.

-- Chair Duvall noted that previously the Board wrote a letter of support for expanding the Enterprise Zone to include the four corners at the NCR site; the City of Fort Collins staff is recommending that the Enterprise Zone be expanded to include a much larger area, including land east of I25 and they are going to present their recommendation to City Council on August 2, 1994. Commissioner Hotchkiss indicated agreement with the proposed recommendation; Commissioner Disney disagreed because Hewlett Packard is included in the area and the intent of the legislation to create enterprise zones was to help rejuvenate urban blight areas and this does not qualify.

-- Commissioner Duvall stated that an irate citizen called Commissioner Disney about the meeting to be held on July 28, 1994 regarding the Northern Colorado Land-Use Symposium which is being organized for discussions on how to create new ways to provide public participation. Chair Duvall stated that a letter was sent out which was misleading resulting in wrong conclusions being drawn by the recipients of the letter. Chair Duvall noted that the purpose of the meeting on July 28 is to talk about how to set up this Symposium, who should be invited, where it should be held, etc.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Planning Director John Barnett, and Finance Director Bob Grewell joined the meeting for legal matters.

-- Ms. Haag reported on a case, which was lost, in Douglas County regarding school impact fees in which District Court ruled that the County does not have the authority to impose school impact fees. Ms. Haag noted that the judge went through the different statutes and noted that the School Finance Act supersedes and pre-empts local authority from regulating or raising capital to build schools or for improvements. Therefore, Ms. Haag advised the Board not to spend their time or money pursuing this; she stated, however, that the County is authorized to collect a fee, and the fees the County has been collecting are way out of line. Chair Duvall asked if the Board or the school district should initiate the raising of these fees. Mr. Barnett stated that the school district needs to be involved; therefore, the Board directed Mr. Lancaster and Mr. Barnett to try to get the school district to take the lead on this matter and to provide periodic updates to the Board.

-- Recently, Mr. Hass sent a memo to the Board about the Wilkinson Case in Pitkin County regarding metering and policy considerations in their code which the Court held were valid. Chair Duvall wanted to know what Larimer County might do to implement some of those concepts. Ms. Haag stated that Rachael Michels in Planning is in the process of revising the subdivision resolution and could include a list of criteria for subdivision review. Ms. Haag stated she will be working on metering as a separate regulation and the implementation of "first come, first served". It was noted that a meeting is scheduled on August 9, 1994 for further discussion of metering.

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session for discussion of legal matters.

Motion carried 3 - 0.

The Executive Session ended at 12:05 p.m.; no action taken. Administrative matters was recessed at this time, to be continued at 1:30 p.m.

The Board reconvened at 1:30 p.m. for continuance of administrative matters and document review:

8. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:



M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of July 18, 1994 and the Agenda for the week of August 1, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the letter to Walt Graul with the Colorado Division of Wildlife.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued to the End of the Trail Saloon, Inc. - 6% WITH EXTENDED HOURS - Loveland, CO.; Villa Tatra - 6% - Lyons, CO.; Supermarket Liquors - 6% - Fort Collins, CO.; Conoco # 06354 - 3.2% - Fort Collins, CO.; Conoco #06358 - 3.2% - Loveland, CO.; Dal-Rae's High Country Inn - 6% WITH EXTENDED HOURS - Red Feather Lakes, CO.; Nightingales - 6% WITH EXTENDED HOURS - Fort Collins, CO.; and Custom Cakes & Catering, Inc. - 6% - Fort Collins, CO.

County Approval was granted to Sol's Long Branch Saloon - 6% - LaPorte, CO. and Casa De Colorado - 6% - Fort Collins, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-121 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 15A BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND M & C PROPERTIES, L.L.C.

A COLORADO LIMITED LIABILITY COMPANY

(Project #199 - La Vina Drive)

A94-122 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND NICK AND JOYCE JENKS

(Change of conditions for operation of fruit sales business)

A94-123 PURCHASE OF SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WELD COUNTY

BOARD OF COMMISSIONERS (Weatherization Program)

A94-124 PURCHASE OF SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WELD COUNTY

BOARD OF COMMISSIONERS (Weatherization Program)

A94-125 AGREEMENT CONCERNING MOBILE HOME ROOF REPAIRS

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CANYON CONSTRUCTION (Weatherization Program)

A94-126 AGREEMENT CONCERNING ELECTRICAL REPAIRS BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND ERBACHER

ELECTRIC (Weatherization Program)

A94-127 AGREEMENT CONCERNING FURNACE REPAIRS BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND POUDRE

VALLEY AIR, INC. (Weatherization Program)

A94-128 AGREEMENT CONCERNING ELECTRICAL REPAIRS

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND GREGORY ELECTRIC, INC. (Weatherization Program)

A94-129 AGREEMENT CONCERNING INSULATION REPAIRS BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THERMAL

CRAFT INSULATION CO., INC. (Weatherization Program)

A94-130 AGREEMENT CONCERNING PLUMBING REPAIRS BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND CANYON

PLUMBING & HEATING (Weatherization Program)

A94-131 AGREEMENT CONCERNING INSULATION REPAIRS BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND HUPPERT

INSULATION, INC. (Weatherization Program)

D94-21 DEED OF DEDICATION FROM SUNDANCE TRAIL GUEST

RANCH (Dedication of property for public highway)

R94-93s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

POPE MINOR RESIDENTIAL DEVELOPMENT

The meeting recessed at 2:20 p.m.








MEETING WITH DIVISION OF YOUTH SERVICES

REGARDING PROPOSED JUVENILE DETENTION FACILITY

(#83 @ 850)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session with Jerry Adamak, Director Colorado State Division of Youth Services. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Toni Gray, Attorney General's Office; Bob Sutherland, Facilities Manager Colorado Department of Youth Services; Larry Grauberger, Colorado Division of Youth Services; Ron Ayres, Poudre R1 School District; Dave Feldman, Acting Chief Fort Collins Police; Don Hopkins, Colorado State University Police Chief; Larry Abrahamson, District Attorney's Office; Sheriff Richard Shockley; Paul Cooper, Director Community Corrections; Roland Gilmore, Probation Supervisor; Dick Anderson, Facilities Manager; George Hass, County Attorney; Neil Gluckman, Assistant County Administrator; Frank Lancaster, Incoming County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Adamak provided a brief update on the possibility of a regional juvenile detention center being constructed in Larimer County, and noted that important developments have occurred since the last meeting with the Board. Recently, a meeting was held with the Capital Development Committee to brief them on the sites being considered and they talked to them specifically about the Larimer County site. Mr. Adamak stated that the Department of Criminal Justice provided an architectural consultant to do site assessments of all the locations being considered for the detention center; they reported back that Fort Collins has the best site available. Mr. Adamak stated that they are ready today to identify the issues and to proceed with formal negotiations to obtain the property rights to the site; a formal transfer of the land is needed to begin the planning and building design process. Mr. Adamak stated that they anticipate ground breaking sometime next summer, there will be a 12 to 16 month construction phase, and the building should be completed in late 1996. Discussions followed regarding which parcel of land, the 5-acre or 7-acre site, will be made available to the State and what considerations and expectations the Board needs to have incorporated into the commitment.

Mr. Sutherland stated that they will have an architect available this Fall and the State would like to have as much land as possible; however, the Sheriff indicated he also would like to retain the 7-acre site for future expansion of the existing detention center. There was discussion about the two facilities sharing parking, food service, medical care and maintenance; it was agreed it would be helpful to have the two architects work together in planning and designing the facilities. The Board also expressed their desire to include a staff-secure, short-term facility in the new juvenile detention facility.

Much discussion followed regarding how to proceed; Ms. Gray stated that before they proceed, they need action from the Board. Mr. Hass stated that with the County donating the land, there should be some stipulation about use of the land or an annual renewable lease on the property; Ms. Gray noted that any short term lease will not be approved - the lease has to extend beyond the life of the building. Mr. Adam will work with Ms. Gray and Mr. Sutherland and provide something in writing for the Board; Mr. Hass will provide a "letter of intent" regarding the County's intention to deed the land to the State and, in turn, the State construct and operate the regional juvenile detention center, and the intention to co-plan the entire complex including a staff-secure facility.

Commissioner Disney asked if there are federal monies available to supplement this facility; Mr. Adamak responded not that he is aware of, but he will explore this. It was also noted that, as a courtesy, the County will schedule a neighborhood meeting to inform the residents in the area of the plans for the additions to the existing facility and construction of the new juvenile detention center.

The meeting adjourned at 3:40 p.m.


_____________________________________

JANET S. DUVALL, CHAIR

( S E A L )

ATTEST:



____________________________________

Sherry E. Graves, Deputy County Clerk



_____________________________________

Aimee Jensen, Deputy County Clerk
July 27, 1994