PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 21, 1996

LAND-USE PLANNING MEETING

(#105)

The Board of County Commissioners met at 3:15 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioner Disney was present. Also present were: Rob Helmick, Senior Planner; Richael Michels and Keith Schuett, Planners II; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke noted that a request has been received to table the Grayhawk Knolls Planned Unit Development agenda item until 7 p.m. on November 18, 1996. John Barnett, project manager for Grayhawk Knolls, stated that because of miscommunication and some confusion with the neighbors, he concurs that it is appropriate this item be heard in the evening; however, he has heard that there have been some petitions circulated and he would like an opportunity to see those petitions and also to share in the communication that has taken place with the Commissioners about this item. Mr. Barnett stated that they would actually prefer having this item tabled until January 20, 1997 to provide an opportunity to have communication with the neighbors. Commissioner Disney assured Mr. Barnett that in the communication they had with an adjacent property owner during the open session for public comment, they did not discuss the specifics of this project whatsoever, they talked in generalities about evening meetings, procedure and process. Discussion of the January 20, 1997 hearing date ensued and because that date is a holiday, it was decided to table the evening meeting until February 3, 1997. Maura Green, the citizen who came to discuss this item with the Board on October 9, 1996, stated she would like to submit pictures to the Board ahead of time so they will have time to review them before the hearing, and she assured Mr. Barnett that when she came to talk to the Commissioners about Grayhawk Knolls PUD, they did not let her say a thing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Grayhawk Knolls Planned Unit Development (#95-MS0806) until 7 p.m. on February 3, 1997, as requested.

Motion carried 2 - 0.

1. ABC STORAGE ZONING VIOLATION (#Z-3-87): 2500 S. LINCOLN

(U.S. HIGHWAY 287)

Ms. Michels informed the Board that the ABC Zoning Violation (#Z-3-87) has been resolved, as all the required fencing and landscaping has been completed; therefore, this item has been withdrawn from the agenda.

The meeting adjourned at 3:30 p.m.

WEDNESDAY, OCTOBER 23, 1996

ADMINISTRATIVE MATTERS

(#105 @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Pam McCracken, TEAM Fort Collins Assistant Director; Rex Burns, Flood Plain and Subdivision Improvement District Engineer; Bob Keister, Budget Manager; and Ralph Jacobs, Director Human Resources. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following two persons addressed the Board during the open session for public comment: Sandra Tinsman and Sally Edwards. Ms. Tinsman expressed her support for the month designated for recycling efforts in the County and encouraged the Commissioners to continue those efforts and expand their support of the Last Resort at the Landfill; she thinks this is an amazing resource and an incredible opportunity for people, even those with unlimited incomes and, in her opinion, it is under funded, under advertised and under utilized and she feels the days and hours should be expanded and a permanent building provided to continue year round. A marketing program for the Last Resort was discussed; Mr. Lancaster will review this discussion with Ms. Henderson, Landfill Director.

Ms. Edwards stated that she lives next to Cottonwoods Elementary School and they have a tremendous speeding problem - the homeowners have met as a group about the problem, but nothing has been accomplished; she recommended to the Board that a photo cop be installed at this site to catch the speeders. Commissioner Disney informed Ms. Edwards that the County recently adopted the uniform model traffic code so the Sheriff will begin a more aggressive traffic enforcement program; the Board advised Ms. Edwards to also share her concerns with the Sheriff.

2. PROCLAMATION - RED RIBBON WEEK - OCTOBER 23 - 31, 1996: Chair Clarke read aloud the Proclamation supporting October 23 - 31, 1996 as Red Ribbon Week. Ms. McCracken introduced Anna Merrill, Red Ribbon Week Poster Contest Winner, and submitted a copy of the poster to the Board, as well as the Red Ribbon Calendar of events for the week.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week of October 23 - 31, 1996 as Red Ribbon Week in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

3. RESOLUTION SUPPORTING COMMUNITIES IN SCHOOLS: Mr. Lancaster submitted the resolution supporting Communities in School and requested Board approval and the Chair's signature; he noted that this resolution finalizes the decision made by the Board previously and that the funds will be derived from funds set aside for the juvenile detention center. Mr. Lancaster stated that this is a challenge grant to the schools and the community and they need to come up with money to match the County's contribution or our contribution comes off the table.

Commissioner Duvall proposed a change in the language in the resolution to emphasize that the funds being used from the monies previously designated for a juvenile detention center is very appropriate because they are funding a prevention program.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the Resolution supporting Communities in Schools, with changes as recommended, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-152g RESOLUTION SUPPORTING COMMUNITIES IN SCHOOLS

At this time, Commissioner Duvall left the meeting to attend the Great Outdoors Colorado Board News Conference announcing Legacy Project Grants Awards in Greeley, Colorado.

4. ACCEPTANCE OF SUBDIVISION ROADS FOR COUNTY MAINTENANCE: Mr. Burns stated that the purpose of today's meeting is to recommend that the Board approve a resolution in which Larimer County assumes the responsibility for the maintenance of the streets in the following four subdivisions: Colony Ridge, Fort Collins Business Center, Manor Ridge, and Taft Canyon Third Filing. Mr. Burns noted that although the policy of the Board has changed and new subdivision streets are no longer being accepted for maintenance by the County, these subdivisions have streets which were dedicated for public use on or before January 1, 1994, and according to a resolution adopted by the Board on August 16, 1994, streets which were dedicated for public use on or before January 1, 1994, and which have been brought to County standards and passed inspection by the Larimer County Engineering Department, will be accepted for maintenance by the County.

Mr. Burns introduced Mel Wolfe from Taft Canyon, and Dr. Don Runnels and Sally Edwards, both from Manor Ridge Subdivision; they all expressed appreciation to the Board and to Mr. Burns for his help as there has been a number of problems in the subdivision and he has worked with the homeowners to resolve them. Mr. Burns noted that there were a number of drainage problems and he thanked the homeowners in the subdivisions for their patience.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution for County Road Maintenance to accept the subdivision roads for maintenance in the County road system for Colony Ridge, Fort Collins Business Center, Manor Ridge and Taft Canyon Third Filing Subdivisions.

Motion carried 2 - 0.

R96-153rb RESOLUTION FOR COUNTY ROAD MAINTENANCE TO ACCEPT

STREETS FOR MAINTENANCE IN FOUR SUBDIVISIONS

5. BUDGET UPDATE: Mr. Keister submitted and reviewed copies of the press release of the Larimer County proposed 1997 Budget, the Departmental service proposal requests, and the proposed budget message; he provided a brief update of each. Mr. Keister noted that the proposed 1997 budget is a 3.9% increase over the 1996 budget and they were able to accommodate 72% of the major department proposal requests; he noted that this briefing with the Board is a "kickoff" which according to statute requires that once the budget is prepared, there is a period of time for the Board to review and discuss the budget, hold public hearings, debate the budget, change the budget, and finally come to an agreement of the final adoption of the budget. Mr. Lancaster pointed out to the Board that under the list of service proposals, there is $200,000 for another modular building and he informed them that they might have to bring the workenders back to sleep in the halls of the Courthouse on weekends; Commissioner Disney suggested investigating the possibility of using the large Foothills Gateway gymnasium for the workenders. Discussion followed; the Board expressed their appreciation to Mr. Keister and Mr. Lancaster for all their hard work in preparing this proposed budget.

6. APPROVAL OF BYLAWS FOR OPEN LANDS BOARD:

M O T I O N

Commissioner Disney moved that the decision on the approval of the Bylaws for Open Lands Board be tabled until next Wednesday during Administrative Matters.

Motion carried 2 - 0.

7. WAIVER OF POLICY FOR RE-HIRE IN THE SHERIFF'S DEPARTMENT: Mr. Lancaster noted that a memo has been received from Sheriff Shockley requesting the Board to approve a waiver of the re-employment policy 420.05 regarding pre-hiring selection procedures in order to rehire Scott Phebus, who left employment in 1995 in good standing, as a Detention Officer II at "M" Step. Sheriff Shockley stated in his memo that Mr. Phebus had been employed as a Detention Officer since 1981 and had attained the rank of Sergeant, is extremely well trained in Detention policies, procedures, and practices, and would not require field training upon his return.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of personnel policy 420.05 to allow for the re-employment of Scott E. Phebus in the Sheriff's Department as a Detention Office II at "M" Step, as requested.

Motion carried 2 - 0.

8. WAIVER OF POLICY FOR DONATION OF SICK LEAVE IN ASSESSOR'S OFFICE: Mr. Lancaster noted that a request has been received from the Assessor's Office for the Board to waive the sick leave policy to permit the transfer of sick leave from co-workers to Denise Kocol, an employee in the Assessor's Office, to be with her newborn daughter who was born at 27 weeks of gestation and weighed 2 pounds, 4 ounces; he noted the situation meets the guidelines of a life-threatening illness.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of the Larimer County Personnel Policy Manual sick leave provisions to permit the transfer of up to 300 hours of donated sick leave to Denise Kocol from her coworkers; these transfers will occur after Ms. Kocol has exhausted her present sick and vacation leave balances.

Motion carried 2 - 0.

Mr. Lancaster reminded the Board that policies and guidelines have been set regarding situations similar to this and he asked if they wish to allow the County Manager, when those guidelines are met, to approve those requests or do they want to review them all individually; the Board agreed that when the situation fits the guidelines, Mr. Lancaster has the authority to approve those requests.

10. WAIVER OF POLICY FOR HIRE IN MENTAL HEALTH DEPARTMENT: Mr. Jacobs noted that a Ph.D. psychologist is needed to work with Social Services on the Family Issue Cash Fund (FICF) project and the Social Services professionals are very well paid compared to the Larimer County Mental Health professionals. Therefore, in order to have Dr. Ranch on a more equitable level with the people with whom he will be working on this project, the request before the Board today is to approve a waiver of policy to pay an additional $10,698.85 as out-of-grade pay for the period of time that he is in the Family Issue Cash Fund in the Mental Health Department. Chair Clarke asked if Ms. Snell, the Health and Human Services Director, is recommending this action; he was informed that she is aware of the request, but it was not known if she is recommending it.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of policy to pay an additional $10,698.85 as out of grade pay for the period of time that Dr. Ranch fills the Family Issue Cash Fund position in the Mental Health Department, and that no future COLA will be granted to the position until the base of his current pay grade reaches the level commensurate with the total out-of-grade pay he would be receiving, contingent upon the approval of Kathy Snell, the Health and Human Services Director; further, should the FICF funding be discontinued, or the project discontinued, his pay would revert to the grade of pay he would have received in his current position.

Motion carried 2 - 0.

11. COMMISSIONER REPORTS:

-- Chair Clarke expressed his concern about the condition of the van being used by county employees, he is embarrassed to have Larimer County plates on this van, and it is not safe; however, he noted that after he saw it yesterday, Fleet Manager Mr. Bammer has taken it off the road. Chair Clarke made the suggestion that the Fleet Department consider buying some vehicles to rent back to the departments.

-- Commissioner Disney noted that the art work for the Larimer County Exchange project is completed and is on display at One West and the Board needs go over and choose an art piece for the Courthouse; Mr. Lancaster will coordinate a time for the Board to do this.

12. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 14, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of October 28, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement and Refund of Taxes, as recommended by the County Assessor Steve Miller, for the following: Doris & John Stackhouse; Paula & Charles Crosby; Sally & William Busch; Herta Skowron; Professional Design Builders, Inc.; Esther & Albert Tuxhorn; Barbara & Arlo Johnston; Second Generation, Inc.; Ruth & Darrell Leach; James A. Scavo; Wendy Demme (3 Petitions); and Joy & Raymond Rodgers.

Motion carried 2 - 0.

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 on Document Review for October 23, 1996:

A96-135 PERSONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND JOHN SADLER,

M.D. (Provision of Psychiatric Services to Children and

Adolescent Clients of the Mental Health Center)

A96-136 FOOD DISTRIBUTION AGREEMENT BETWEEN THE FOOD

DISTRIBUTION CENTER AND THE COLORADO DEPARTMENT

OF HUMAN SERVICES

D96-35 DEED OF DEDICATION BY STEVEN C. AND VICKI L. MILLER

(Dedication of Property for Public Highway - Project #191 -

Boxelder Bridge - County Road 56)

D96-36 QUIT-CLAIM DEED TO CRYSTAL LAKES ROAD AND

RECREATION ASSOCIATION AND CRYSTAL LAKES WATER

AND SEWER ASSOCIATION FOR LOTS 109 AND 110,

CRYSTAL LAKES 15TH FILING

C96-59 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JIM NYTES, DBA JIM'S

CONSTRUCTION MATERIALS (Road Work in GID #2 -

Carriage Hills)

C96-60 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF TRANSPORTATION, OFFICE OF

TRANSPORTATION SAFETY (Development of a Traffic Unit

to Decrease the Incidence of Hazardous Driving Behavior and

Increase Compliance with Traffic Laws)

R96-154g RESOLUTION APPROVING HIGHWAY SAFETY PROJECT

CONTRACT 97-09 (Same as Above)

R96-155s FINDINGS AND RESOLUTION APPROVING THE LINCOLN

CONDOMINIUM WAREHOUSES II)

Motion carried 2 - 0.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Carol Evans, Planner II, and Jerry White, Right-of-Way Agent, joined the meeting for Legal Matters.

13. LEGAL MATTERS:

-- Discussion of Noise Ordinance: Mr. Hass noted that after reviewing other examples of noise ordinances and discussing the matter with an audiologist, he has concluded that enforcement procedures are ambiguous and difficult; therefore, his proposal is for the County to require a special permit whenever anybody wants to amplify sound, indoor or outdoor, and condition the permit based on individual concerns. Mr. Hass suggested that possibly the special permit request for the electronically-amplified sound could be combined with the liquor license hearing, when appropriate.

-- Discussion of Hearings for Three Liquor Establishments: Discussion ensued regarding whether or not public hearings should be held for the license renewal for Mishawaka Inn, Cow Palace, and for a Change of Ownership for the Hunt Club. The Board decided they would like to hold public hearings for all three establishments, all held one evening (one hour each), to provide an opportunity to discuss the incident reports with the establishment owners, and have a representative from the Sheriff's Department present, as well as any neighbors of the establishments that wish to attend.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:35 a.m. to discuss potential litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:00 a.m.; no action taken.

__________________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________________

Sherry E. Graves, Deputy County Clerk