PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 9, 1994

SUBDIVISIONS

(#28)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioner Hotchkiss was present. Commissioner Disney will be out of town this week. Also present were: Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, W. Gebauer.

As previously approved by the Board on March 15, 1994, the Agreement for the automated fuel management system for Fleet Management was presented for signature.

MOTION

Commissioner Hotchkiss moved that the Board approve the agreement with Trak Engineering, Inc., and authorize the Chair to sign same.

Motion carried 2 - 0.

A94-77: AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRAK ENGINEERING, INC. (Automated Fuel Management System)

Mr. Barnett 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. MCCARTNEY KENNEL SPECIAL REVIEW (#94-ZR01413): NW 16-09-68; SOUTH SIDE OF COUNTY ROAD 70, ONE MILE WEST OF INTERSTATE 25; 160 ACRES; 1 LOT; O-OPEN (05-09-94)

This is a request for a Special Review for a private kennel for up to eight dogs, for the training of the owners' dogs for competition. Staff Findings include: 1) The proposed Special Review is consistent with the Larimer County Comprehensive Plan and the Larimer County Zoning Resolution; 2) The Larimer County Engineering and Health Departments, as well as other interested agencies, have reviewed this proposal and have stated no objections to it; 3) Approval of the McCartney Kennel Special Review as proposed by the applicant will not result in negative impacts on the surrounding properties, transportation facilities, utility services, the natural environment, or on overall health and safety. The Staff/Planning Commission Recommendation is for Approval of the McCartney Kennel Special Review as proposed by the applicant.

2. KOTIN SUBDIVISION AMENDED PLAT (#94-SA0461): 02-06-69; NORTH OF APPLE BLOSSOM LANE, NORTH OF APPLEWOOD ESTATES; 5.27 ACRES; 2 LOTS; FA1-FARMING (05-09-94)

This is a request to reconfigure two existing lots. Staff Findings include: 1) The Kotin Subdivision was approved in 1993; there are two lots and one vacant building site; 2) The proposed Amended Plat will slightly enlarge the smaller lot; the amendment will not affect the minimum lot size or the required setbacks on each lot; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for Approval of the Amended Plat of Kotin Subdivision with the following conditions: 1) The identification of "Tract" 1A shall be changed to "Lot" 1A; 2) The signature blocks on the plat shall be changed to reflect the current ownership of the property; 3) The building envelope on Lot 2A shall be amended to accommodate the ditch easement which crosses this lot.

3. SOUTH NOKOMIS LAKE SUBDIVISION AMENDED PLAT (#94-SA0462): 21-10-73; RED FEATHER LAKES; .23 ACRES; 1 LOT; O-OPEN (05-09-94)

This is a request to combine two existing lots to result in one building site for the Amended Plat of Lots 3 and 4, Block 28, South Nokomis Lake Subdivision. Staff Findings include: 1) South Nokomis Lake Subdivision was approved in 1924; 2) The lots in this subdivision are much smaller than the minimum lot size (ten acres) required by current zoning; 3) This request is to combine two lots to create one building site; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for Approval of the Amended Plat of Lots 3 and 4, Block 28, South Nokomis Lake Subdivision.

MOTION

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Conditional Recommendations, and approve the McCartney Kennel Special Review (#94-ZR0413), the Kotin Subdivision Amended Plat (#94-SA0461), and the South Nokomis Lake Subdivision Amended Plat (#94-SA0462).

Motion carried 2 - 0.

4. CLINTON & NISSEN SPECIAL REVIEW (#94-ZR0414): SW 06-05-69; EAST SIDE OF GLADE ROAD, 1/4 MILE NORTH OF COUNTY ROAD 24; 2.5 ACRES; FA1-FARMING (05-09-94)

This is a request for a Special Review for a private kennel to keep the existing eight family dogs with no breeding, boarding, or training, and no employees. Mr. White reviewed the major concerns and issues and submitted four letters of support, six letters of opposition, and a petition with 54 signatures of area residents opposing the request. Staff Findings include: 1) The proposal is not consistent with the intent and purposes of the Zoning Regulation and the County Land Use Plan; 2) The proposal is not harmonious with the surrounding neighborhood, and will likely affect surrounding land uses and property values in the area; 3) The proposed use may affect the health, welfare, prosperity, and safety of the area residents. Mr. White added that the Zoning Regulation permits three dogs per lot without a Special Review. The Planning Commission/Staff Recommendation is for denial of the Clinton & Nissen Special Review.

The applicants, Thomas Nissen and Stacy Clinton, stated that they will shortly have only four dogs, and that they have had two of the remaining dogs debarked. Mr. Nissen emphasized that the dogs are family pets, are not vicious, and that they received erroneous information about the number of dogs permitted when they moved into the area last Fall. While four of the dogs escaped from their property in April, Mr. Nissen stated that this was due to a flaw in the fence that he has since corrected. As a mother and grandmother, Ms. Clinton stated that the dogs do not represent a threat to children, and that they had previously lived in the city with seven dogs with no problems.

Dawn Eggers, Luella Armstrong, John Szentho, and Pat Ide, area residents, stated to the Board their opposition to the Special Review. They emphasized to the Board that their primary concern was with the safety of area children because of the number and demeanor of the dogs, and noted their concern for the effect on area property values and for the potential to set a precedent. Ms. Armstrong presented to the Board photographs showing the proximity of the Special Review property to her house and yard.

Commissioner Hotchkiss expressed his concern that approving the Special Review would set a precedent. Chair Duvall recommended that the applicants be given a reasonable amount of time to comply and to find good homes for the dogs.

MOTION

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Planning Commission/Staff Recommendation and deny the Clinton & Nissen Special Review, and require compliance within ninety days.

Motion carried 2 - 0.

The meeting adjourned at 9:50 a.m.

TUESDAY, MAY 10, 1994

STANDING MEETING WITH RALPH JACOBS,

DIRECTOR OF PERSONNEL

(#29)

The Board of County Commissioners met at 9:30 a.m. in regular session with Ralph Jacobs, Personnel Director. Chair Duvall presided; Commissioner Hotchkiss was present. As mentioned previously, Commissioner Disney was out of town. Also present were: Robert D. Grewell, Financial Administration Division Director; Jodie Boatright, Personnel Office Supervisor; and Donna Hart, Assistant to the County Administrator. Recording Clerk, W. Gebauer.

1. SUGGESTION SYSTEM PLAN: Mr. Jacobs informed the Board that the new suggestion system has received ten suggestions and comments so far. Two of these suggestions have been adopted, one related to printing the minutes for Department Head meetings on both sides of the paper, and one requesting that the date be put on top of each page of the minutes for the Board of County Commissioners. In addition, a response to a concern about personnel files is being circulated through Inside Information. The remaining seven suggestions are being evaluated. One suggestion is to re-institute a blood donor program among County employees. The Board gave its approval to notifying the department heads that it is permissible to let County employees temporarily off work with pay to donate blood. The Personnel Office agreed to check how much interest exists in donating blood to see if it would be more practical to have an in-house blood drive, or to have employees go to the hospital to donate.

2. FAMILY AND MEDICAL LEAVE POLICY COMMENTS: Mr. Jacobs stated that he had requested comments from department heads and other employees on four questions relating to the implementation of the Family and Medical Leave Act (FMLA). First, the comments generally favored requiring employees to use accumulated leave concurrently with FMLA leave, rather than allowing employees to use the different types of leave consecutively. Second, commentators preferred using a rolling 12-month cycle for the use of the 12 weeks of FMLA leave instead of using a fixed annual period. Next, regarding medical insurance premiums paid on the behalf of an employee while the employee is on Family and Medical Leave, the consensus strongly favored not attempting to collect these premiums from the employee. Finally, the comments overwhelmingly favored not treating "key employees" differently than other employees, and not reserving the right to deny the restoration of employment for these key employees. Mr. Jacobs added that he is in the process of developing a revised FMLA policy, which he hopes to present to the Board by the June standing meeting.

3. EMPLOYEE RECOGNITION: Mr. Jacobs updated the Board on the status of the Employee Recognition Program. First, Mr. Jacobs presented to the Board the revised design for the belt buckle given to employees who have been with the County for five or ten years. The new belt buckle has the number of years of service cast into the buckle, instead of having the number stamped on the surface like the old design; the Board agreed that the new design looks much better. Second, Mr. Jacobs stated that he will be sending a letter to department heads tomorrow emphasizing that the County wants departments to make the Employee Recognition presentations into special occasions, and that departments may receive from Personnel six dollars per employee for these events.

4. OTHER ITEMS: Mr. Jacobs advised the Board that there has been a significant increase in interest in affirmative action, and that certain departments have been under pressure from the State to develop more specific affirmative action plans; he added that he is preparing a presentation to the Board on affirmative action for the June meeting. Chair Duvall asked how this interest in affirmative action related to cultural diversity; Mr. Jacobs responded that, in his view, cultural diversity is more concerned with creating a climate of tolerance in the workplace, while affirmative action is more statistically oriented toward the proportion of minorities employed. Mr. Jacobs assured the Commissioners that the two programs are working in tandem.

--Commissioner Hotchkiss noted that one employee suggested having the County abandon the current retirement plan in favor of the State's P.E.R.A. program, and he responded that such a change may not be possible or desirable for the County. He noted that since the County can no longer petition out of mandatory Social Security deductions, retirement withholdings would be significantly higher under P.E.R.A. Furthermore, being a defined benefit program, P.E.R.A. favors employees who continue with one employer until retirement, and provides fewer benefits for employees who leave before retirement. Mr. Jacobs informed the Board that the Personnel Department has already prepared a response to this suggestion for the employee concerned, and that they would consider adapting the response for publication in Inside Information.

The meeting adjourned at 10:00 a.m.

WEDNESDAY, MAY 11, 1994

ADMINISTRATIVE MATTERS

(#29 @ 1900)

The Board of County Commissioners met in regular session at 9:30 a.m. with Donna Hart, Assistant to the County Administrator. Chair Duvall presided; Commissioner Hotchkiss was present. As mentioned previously, Commissioner Disney is out of town this week. Also present were: Laurel Kubin, Director of the Extension Office; Mark Johnson, EMS Coordinator; and Bob Keister, Budget Manager. Recording Clerk, W. Gebauer.

1. REQUEST FOR APPROVAL FOR EXTENSION DIRECTOR, LAUREL KUBIN, TO HOLD A STATE LEVEL ASSISTANT DIRECTOR POSITION ON A TEMPORARY BASIS: Ms. Kubin informed the Board that the State has asked her to serve as the State Coordinator of the Family and Consumer Education Program at Colorado State University on a temporary, part-time basis, while the current Coordinator will be serving as Interim Coordinator for 4H programs. Serving as the Director of the Extension Office will remain Ms. Kubin's first priority, but this change would require her to hire someone to cover certain educational duties, probably on a contract basis. The State will provide the funds to hire this additional person or people, however. The Board congratulated Ms. Kubin on her selection, and stated that they have no objections to the arrangement.

2. PRESENTATION OF PROCLAMATION REGARDING EMERGENCY MEDICAL SERVICES WEEK: Mr. Johnson noted that in Larimer County hundreds of volunteer and paid members provide dedicated and skilled care in such Emergency Medical Services (EMS) organizations as training centers, dispatch centers, fire departments, paramedic ambulances, hospital emergency departments, search and rescue services, and dive rescue services, and that it is important to recognize the dedication and skill of the EMS system providers throughout the County. Chair Duvall read the Proclamation and presented it to Mr. Johnson.

MOTION

Commissioner Hotchkiss moved that the Board of County Commissioners proclaim the week of May 15-21, 1994 as Emergency Medical Services Week, and authorize the Chair to sign the Proclamation.

Motion carried 2 - 0.

3. REQUEST FOR APPROVAL TO CHANGE FTE STATUS OF TWO CORONER'S OFFICE EMPLOYEES: Mr. Keister presented to the Board a request from Dr. Patrick C. Allen, Coroner, to move the Coroner's Administrative Assistant from 1.0 FTE status to .75 FTE status, and to move a Coroner's Investigator (Certified) from .75 FTE status to 1.0 FTE status. The Coroner's Office would cover the net difference for 1994 of an additional $2,108 in salary and benefits by decreasing the $7,000 budgeted for overtime in 1994. Mr. Keister assured the Board that in 1995 the Coroner would compensate for the increase in salary and benefits by requesting a smaller amount for overtime in next year's budget.

MOTION

Commissioner Hotchkiss moved that the Board approve the request to change the FTE status of two Coroner's Office employees as requested by Dr. Allen.

Motion carried 2 - 0.

4. REQUEST FOR APPROVAL REGARDING REGISTRATION SITES: Ms. Hart presented to the Board a letter signed by Myrna J. Rodenberger, Clerk and Recorder, William R. Steffes, Larimer County Democratic Chair, and Cheryl Olson, Larimer County Republican Chair. In accordance with the Colorado Election Code of 1992, Section 1-2-211(1)(a), Ms. Rodenberger, Mr. Steffes, and Ms. Olson are notifying the Board that additional branch registration sites are not needed in 1994 because of the numerous convenient voter registration locations that are currently available in Larimer County.

MOTION

Commissioner Hotchkiss moved that the Board accept the April 28, 1994, statement regarding branch registration from Ms. Rodenberger, Mr. Steffes, and Ms. Olson.

Motion carried 2 - 0.

5. WORKSESSION: Ms. Hart notified the Board that Colorado State University has asked the Board to contribute up to $500 to cover half of the printing costs for the Martin Luther King, Jr. Celebration held earlier this year. Chair Duvall noted that the Board had offered to assist in the celebration by having the materials printed in the County's print shop, but had not approved contributing half of the off-site printing expenses.

MOTION

Commissioner Hotchkiss moved that the Board approve the contribution of up to $500 for the County's share of the Martin Luther King, Jr. Celebration printing costs, with the funds to be provided from the Commissioners' account for special projects.

Motion carried 2 - 0.

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

MOTION

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of May 2, 1994, and the Agenda for the week of May 16, 1994, as submitted.

Motion carried 2 - 0.

MOTION

Commissioner Hotchkiss moved that the Board approve the Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: Milner Mountain; E. & M. Eisenman Co./et al Meadow Creek Cabin Assoc.; Guadalupe Andrea Alvarez; Richard G. & Peggy R. Green (2); John Phillip & Deborah Kathleen Edwards; Carriage Hills Partnership #1; Richard & Linda Pickard; Keene Z. & Joan Smith; One Ninety-Two Barberry Place Partnership; Kenneth C. Williams, Jr. & Susan L. Williams; Kenneth C. Williams, Sr. & Ione J. Williams; Robert P. & Judy C. Hobert; and Debra J. Sheaman.

Motion carried 2 - 0.

LIQUOR LICENSES: Licenses were issued to Borderline Bob's, Inc.-6%-Livermore, CO; Fort Namaqua Wine & Spirits-6%-Loveland, CO; Glen Haven Inn-6% WITH EXTENDED HOURS-Glen Haven, CO; Mountain Greenery Resort-6%-Bellvue, CO; Pot Belly Restaurant & Lounge-6% WITH EXTENDED HOURS-Red Feather Lakes, CO; and Rainbow Plaza, Inc.-6%-Loveland, CO. County Approval was granted to Alman's Deli Works-6%-Fort Collins, CO; Johnson's Corner Campground, Inc.-3.2%-Loveland, CO; Loveland Country Store-3.2%-Loveland, CO; and The Horsetooth Inn-6%-Fort Collins, CO.

MOTION

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-78 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NEIGHBOR-TO-NEIGHBOR, INC. (Housing Rehabilitation Program)

A94-79 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND INTELLIGENT DECISION TECHNOLOGIES, LTD. (Software for Statistical Analysis of Landfill Groundwater Data)

A94-80 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BHA DESIGN INC. (Professional Planning Services)

A94-81 SUBDIVISION IMPROVEMENT AGREEMENT FOR VAN RIPER MINOR RESIDENTIAL DEVELOPMENT

A94-82 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GRIMSHAW & HARRING, P.C. (Legal Services as Bond Counsel and Disclosure Counsel)

C94-23 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO (Youth Conservation Corps)

R94-49s FINDINGS AND RESOLUTION CONCERNING THE AMENDED PLAT AND VACATION OF RIGHT-OF-WAY IN DRAGER PARK SUBDIVISION

R94-50s FINDINGS AND RESOLUTION CONCERNING THE AMENDED PLAT OF CROWN MINOR RESIDENTIAL DEVELOPMENT

R94-51s FINDINGS AND RESOLUTION APPROVING THE AMENDED CONDITIONS FOR BLUE SPRUCE VILLAGE SUBDIVISION

R94-52s FINDINGS AND RESOLUTION APPROVING STREET NAME CHANGE FROM NORTH LINCOLN AVENUE TO SUNVALLEY DRIVE

R94-53z SPECIAL REVIEW FINDINGS AND RESOLUTION GRANTING THE PETITION OF KURT DIMICK

Motion carried 2 - 0.

Robert D. Grewell, Division Director of Financial Administration, and Sheriff Richard E. Shockley joined the meeting at this time.

MOTION

At 10:10 a.m., Commissioner Hotchkiss moved that the Board go into Executive Session to discuss Contract Negotiations.

Motion carried 2 - 0.

At 10:20 a.m., the Board came out of Executive Session, and the following motion was made.

MOTION

Commissioner Hotchkiss moved that the Board approve the following Confidential Agreement, authorize the Chair to sign same, and give Sheriff Shockley custody of the document.

Motion carried 2 - 0.

A94-83 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PARK NATIONAL BANK

County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting.

MOTION

Commissioner Hotchkiss moved that the Board go into Executive Session to discuss Pending Litigation at 10:25 a.m.

Motion carried 2 - 0.

At 10:45 a.m., the Board emerged from Executive Session. Chair Duvall stated that Anheuser-Busch has filed a tax protest which, if successful, would remove $1 million from the revenues of the County, Poudre R-1 school district, and other local taxing entities over the next three years; she added that the attorney representing Anheuser-Busch has not been cooperative in providing necessary information, which is contrary to customary practice. Chair Duvall also stated that State law requires the County to defend the Assessor's valuation of the property, and that the County Attorney has requested that the Board authorize the hiring of outside consultants to assist in the County's defense.

MOTION

Commissioner Hotchkiss moved that the Board authorize the County Attorney to spend up to $12,000 for hiring outside consultants to assist in gathering data to defend the County's position.

Motion carried 2 - 0.

The meeting adjourned at 10:50 a.m.


_____________________________________

JIM DISNEY, CHAIR, PRO-TEM

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


__________________________________________

William Louis Gebauer, Deputy County Clerk

May 9, 1994