Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 18, 1996

LAND-USE PLANNING MEETING

(#113)

The Board of County Commissioners met at 3:00 p.m. in regular session with Al Kadera, Subdivision Administrator. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was attending a Citizens Committee Meeting regarding the Fairgrounds in Loveland. Also present was Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

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

1. GLEN HAVEN AMENDED PLAT, LOT 1 & 2, BLOCK 8, AND LOT 48,

BLOCK 6 (#96-SA0965): 27-06-72 IN GLEN HAVEN, NORTH OF DRAKE;

2.66 ACRES; E1- ESTATE ZONING

This is a request to reconfigure three existing lots. Staff findings include: 1) Glen Haven Subdivision was platted many years ago. Some lots have been reconfigured by deed. The Amended Plat will reflect the current configuration of three lots and no new building sites will result from this approval. The staff recommendation is for approval of the Amended Plat of Lots 1 and 2, Block 8, and Lot 48, Block 6, Glen Haven Subdivision.

2. GLACIER VIEW MEADOWS 4TH FILING, LOTS 36 & 48, AMENDED

PLAT (#96-SA0962): NE 23-09-72, NORTH SIDE OF MT. MASSIVE

DRIVE, 500' SOUTH AND EAST OF THE INTERSECTION OF GREEN

MOUNTAIN DRIVE; 3.01 ACRES; E-ESTATE ZONING

This is a request to combine Lots 36 & 48 and vacate the 20' utility easement between those lots. The staff recommendation is for approval of the Amended Plat of Lots 36 and 48, Glacier View Meadows Subdivision, 4th Filing P.U.D.; easements, as required by Poudre Valley REA, must be provided on the Final Plat if applicable.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Glen Haven Amended Plat, Lot 1 & 2, Block 8, and Lot 48, Block 6 (#96-SA0965), and Glacier View Meadows, 4th Filing, Lots 36 & 48, Amended Plat (#96-SA0962).

Motion carried 2 - 0.

The meeting adjourned at 3:05 p.m.

TUESDAY, NOVEMBER 19, 1996

MEETING REGARDING MERIT SYSTEM SALARIES

FOR SOCIAL SERVICES

(#113 @ 100)

The Board of County Commissioners met at 2:30 p.m. in regular session with Doug Keasling, Director of Social Services. Chair Clarke presided and Commissioner Disney was present; Commissioner Duvall was absent. Also present were: Donna Sena, Social Services Personnel Officer; Ralph Jacobs, Human Resources Director; and Bob Keister, Budget Manager. Recording Clerk, S. Graves.

Mr. Keasling stated that every year the Merit System requires the Board of County Commissioners to make decisions about salaries and benefits before December 1st for implementation in January; he noted that several years ago policy was set to equate Merit System and County salaries as closely as possible for comparable positions. Mr. Keasling submitted an update to the first Memorandum, dated November 19, 1996, which was sent to the Board regarding the 1997 Merit System salaries; he noted that subsequent to that memo, new information and corrected information has brought some changes in their recommendations. Mr. Keasling informed the Board that these changes are less costly ($200,000 compared to $260,000), and he outlined the recommendations, as follows: 1) Implement the Merit System 2.5% across-the-board salary increase for January 1, 1997; 2) Place all pay families on steps 5-17, which corresponds to the County's 13 steps, on January 1, 1997; 3) Give a performance bonus from 2.5% to 12.5% to clerical, technical and data entry classes by August 31, 1997; and 4) Implement the other issues (benefits, holidays, personnel policies) as usual.

Mr. Keasling reviewed a comparison sheet outlining the Merit System and beginning salaries for the County and he informed the Board that the changes recommended will increase the ending 1997 fund balance in Social Services from $750,000 to $1,100,000.

Questions from the Board and discussion followed and clarification was made that Step 17 of the Merit System is the same as "M" Step for the County. Mr. Keasling recommended the Board approve the 1997 Merit System Salaries, as presented. Chair Clarke expressed his appreciation to Mr. Keasling for his hard work and efforts in bringing about a larger fund balance for the department.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the 1997 Merit System Salaries Pay Plan, as presented, and authorize the Chair to sign same.

Motion carried 2 - 0.

The meeting adjourned at 2:55 p.m.

WEDNESDAY, NOVEMBER 20, 1996

ADMINISTRATIVE MATTERS

(#114 & #113 @ 1000 Side A)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Larry Timm, Director of Planning; Rob Helmick, Senior Planner; Richael Michels, Planner I; County Attorney George Hass; Barbara Coe, Regional Planning Coordinator; Frank Lancaster, County Manager; Ralph Jacobs, Human Resources Director; K-Lynn Cameron, Open Lands Manager; and Donna Hart, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Glenn Wells addressed the Board on behalf of the Sedona Hills Homeowners Association regarding the idiosyncrasies of the 35 Acre Task Force; he noted that most of the Association of Sedona Hills knew nothing about what was transpiring with regard to the negotiations and the plans to subdivide Sedona Hills South into 5-acre tracts until they saw the article in the Reporter Herald on October 19 & 20, along with an advertisement for Sedona Hills for the 5-acre tracts. Mr. Wells stated that a meeting was held last night at Namaqua Elementary School, attended by 95 people, and no one present is a proponent of the proposal and they feel that before the County ever considers a "test" case, that developments already established and built upon should not be considered--he noted that 27 people have already purchased tracts in Sedona Hills. Mr. Wells stated that the homeowners applaud what the County is trying to do with the "test" cases, but not in Sedona Hills; he discussed liability issues, property devaluation, who will be responsible for maintaining the roads and open space, etc. Mr. Wells also stated that the Task Force needs to know that dialogue between the people being affected and the Board is permissable because they were told they were not to bother the Commissioners with their concerns and all concerns should be discussed with Mr. Zdenek of the 35-Acre Task Force; in addition, a conversation was reported in which Mr. Zdenek stated that the Task Force wanted $500 per lot for the 75 5-acre tracts. In summary, Mr. Wells stated that for the County to accept Sedona Hills as a "test" case, when there are 27 families owning property out there, is ludicrous.

Questions from the Board and discussion followed; Commissioner Disney informed Mr. Wells that the County did not initiate this "test" case with Sedona Hills - the 35-Acre Test Force was approached by the developers. Commissioner Duvall stated that she would like to have a status report from the 35-Acre Task Force regarding what they have learned from the other "test" cases assigned to them and what are they doing, and the Board needs to have a meeting with facilitator Ms. Carter immediately to talk about a process for working with Task Forces to indicate to them the boundaries and perimeters of their job and authority and their responsibility; she also is concerned that Mr. Zdenek is out there telling people not to call the Commissioners with problems and about the request for $500 per lot to finance the 35-Acre Task Force. Mr. Wells stated that they have tried to negotiate with the developer, but to no avail; they proposed moving the clusters on 32 and 33 to the south, establish a gate with a key at the south end of 31 so they don't get the traffic from the south side, establish two separate home associations - North Sedona Hills and South Sedona Hills, etc. Chair Clarke stated that we need to get to the bottom of these allegations and the Board will request a status report from the 35-Acre Task Force on their "test' cases, have a facilitated meeting with Ms. Carter, consider the division of the property as suggested by Mr. Wells, and resolve the other issues as well. Mr. Hass stated that a pre-meeting about procedures and criteria for Sedona Hills is OK, but anything beyond that must be discussed during a public hearing. Mr. Helmick responded to the allegation that Mr. Zdenek requested $500 per lot in Sedona Hills by informing the Board that last July when the codification and budget process for the 35-Acre Task Force was started, there was discussion about a fee structure to pay for the budgetary necessity of administering the Rural Land Use Center. Commissioner Duvall responded that the Rural Land Use Center has not yet been created and the Board needs to meet with Mr. Hass and Ms. Haag to learn what the Task Force is doing, what is appropriate, and to set perimeters, boundaries, and authority for the Rural Land Use Center.

Because of the length of today's agenda and Chair Clarke having a commitment at 11:30 to attend the first meeting of the Economic Development Advisory Board as liaison, the Board took the following action:

M O T I O N

Commissioner Duvall moved that Agenda items #6, #7, and #9 be tabled until the next Administrative Matters meeting on December 11, 1996.

Motion carried 3 - 0.

2. PROCLAMATION - WORLD AIDS DAY - DECEMBER 1, 1996: The Board was requested to proclaim December 1, 1996 as World AIDS Day.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim December 1, 1996 as World AIDS Day, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

3. REQUEST FOR APPROVAL OF FINAL PLAT FOR DYER SUBDIVISION: Ms. Michaels requested the Board to approve the Final Plat for the Dyer Subdivision; she noted that all the conditions have been completed and the Final Plat is ready for recording.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the Dyer Subdivision (#94-SA0489), and authorize the Chair to sign same.

Motion carried 3 - 0.

4. REGIONAL IGA DISCUSSION: Dr. Coe submitted the "final draft" of the Northern Colorado Intergovernmental Agreement on Managing Urban Development for the Board's review and discussion. Dr. Coe reviewed the three main points of the IGA: 1) The purpose of this IGA is to direct urban growth into areas that are designated for urban growth; 2) It consists of policies and procedures for working together to manage urban growth; 3) It neither encourages nor discourages growth, only that if growth occurs, it should do so in an orderly manner. Dr. Coe noted that there are three parts to the IGA: 1) It deals with urban growth area boundaries and how those should be established; 2) It deals with annexation - setting up cooperative procedures; 3) It sets up a process by which the planning departments will work together to determine urban growth area boundaries, and other recommendations of the regional study. Discussion and questions from the Board followed. Dr. Coe noted that a Task Force is being formed, which will consist of one representative from each Planning Commission from each jurisdiction, and their first meeting is set for December 11, 1996. Chair Clarke stated that this IGA should be reviewed by the Planning Commission, the Ag Task Force, the 35-Acre Task Force, etc. for feedback; this "final draft" will go out to the different groups for review with their comments and input to be made available to the Board by January 1, 1997.

5. RLUC DIRECTOR POSITION: Much discussion ensued regarding whether or not Mr. Timm should start advertising for the position for the Rural Land Use Center (RLUC) Director; he noted that the whole process from advertising to actual hiring will take approximately 2 1/2 months. Chair Clarke suggested that Mr. Timm have the 35-Acre Task Force review the job description; Mr. Timm stated that he gave the Task Force a copy of the job description on Monday night, but no comments were made at that time. Mr. Lancaster presented a letter just received from the 35-Acre Task Force requesting a 60-day delay in the codification process; Commissioner Disney questioned the need for 60 days. Commissioner Duvall stated that this request is totally unacceptable and the problem with this Task Force is that the Board has never established the perimeters of the responsibility or the authority of this group and they are going way beyond the job the Commissioners asked them to do; in addition, Commissioner Duvall stated that it is totally inappropriate for the Task Force to be telling the Board or staff how to describe the RLUC Director's position and responsibilities. With regard to the request for the 60-day delay, Mr. Lancaster noted that the December 16 hearing has been advertised and cannot be tabled before that meeting and it would be improper for the Board to make a decision regarding this request for tabling at this time. Commissioner Disney concurs that staff should write the job description, but he has no objection to sending it to the Task Force for their comments. After further discussion, the Board directed Mr. Timm to go ahead and place the ad for the Director's position, with the details of the job description to be worked out later, and to ask the Task Force to get their comments regarding the job description back to the Board by next week, and their specific comments regarding the RLUC at the hearing on December 16. Commissioner Duvall proposed writing a letter to the Task Force; after discussion of what should be included in the letter, the Board requested Mr. Lancaster to write a letter to the 35-Acre Task Force stating that the Board received the letter regarding the 60-day delay request, the decision to table will be made at the December 16 hearing, and they should be prepared to discuss why the Board should consider tabling. The Board decided that during Policy Worksession tomorrow the Board will discuss the responsibilities and guidelines for Task Forces.

6. AUTHORITY GRANTED TO COUNTY MANAGER: Mr. Gluckman presented for the Board's review a revised draft copy of the Policy regarding the authority granted to the County Manager. Ms. Cameron discussed the addition of II (F) for the County Manager to approve contracts to purchase real estate, lease-purchase agreements for real estate and similar contracts to acquire interests in real estate, with an earnest money deposit not to exceed $10,000, provided such agreements are subject to later approval by the Board; she noted that the reason for the request is to streamline the process. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the recommended additions to the Policy regarding the authority granted to the County Manager.

Motion carried 3 - 0.

P96-04 REVISED POLICY REGARDING THE AUTHORITY GRANTED

TO THE COUNTY MANAGER

7. WORKSESSION:

-- Policy Worksession: Mr. Gluckman advised the Board that Chair Clarke is going to Denver for a meeting tomorrow and Commissioner Disney has a prior commitment, and so the Board will not have a Policy Worksession to discuss the responsibilities and perimeters of Task Forces. Much discussion regarding scheduling followed.

-- Request for Commissioner's Signatures: Mr. Gluckman requested the Commissioners to sign a thank-you letter to be sent to the Citizens Safety Committee that work on the facilities issue.

8. COMMISSIONER REPORTS:

-- Commissioner Disney informed his colleagues that a decision on the over-flight ban is expected by the end of December.

-- Chair Clarke reported that he has been working with Ms. Snell, Health and Human Services Director, and they plan to have a search conference on affordable housing to include people from the different agencies in the County working on affordable housing and the suggestion was also made to form an ad-hoc committee to work on the youth detention facility. Commissioner Duvall suggested that Ms. Snell contact Rusty Collins, of Neighbor to Neighbor, who is working on a proposal to bring together all the groups in the community working on affordable housing.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table action regarding approval of the Minutes for the week of November 11, 1996 until the next Administrative Matters meeting.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of November 25, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement, as recommended by the County Assessor, for the following: IBM Credit Corporation; Richard and Franklin Ward; Kaplan Company, Inc. (3 Petitions); Stephen Stoltz, Dallas and Trent Horton, Brenda and Kenneth Thompson; and Mary, Ray and Raymond Hupp.

Motion carried 3 - 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 November 20, 1996:

MISCELLANEOUS DOCUMENTS: October 1996 Check Register for the Department of Social Services; and Cotton Willow Estates 6th Amended Plat, Lots 4 & 5. LIQUOR LICENSES: County approval was granted to Horsetooth Marina - 3.2% - Fort Collins, CO. and a Waive of Hearing for Alteration of Premises for REV Enterprises, Inc., dba Sandy's Convenience Store - 3.2% - 1500 E. Mulberry St., Fort Collins, CO.

A96-146 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

SATANKA BAY BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DENNIS AND ROSEMARY KRAUS

(Right-of-Way Agmt. - Project #8037 - Satanka Bay)

A96-147 AMENDMENT TO THE FOOD SERVICE AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND CORRECTIONAL FOODSERVICE MANAGEMENT

(Price Schedule for Detention Facility - Attachment A)

A96-148 AMENDMENT TO THE MEDICAL SERVICES AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

PREFERRED CORRECTIONAL MEDICAL TEAM, INC.

(Original Agreement executed February 21, 1990)

A96-149 WARRANTY COLLATERAL AGREEMENT FOR COUNTRY

MEADOWS PHASE III BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HILLSIDE COMMERCIAL GROUP

C96-65 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND NEATLINE STRUCTURES, INC.

(Bridge Reconstruction - Project #191)

C96-66 CONTRACT BETWEEN THE BOARD OF LARIMER COUNTY

COMMISSIONERS AND BOARD OF WELD COUNTY

COMMISSIONERS (Services for Residential Diversion and

Non-Residential Diversion Clients)

D96-40 DEED OF DEDICATION BY HAROLD D. AND DALE L.

WOLAVER (Dedication of Property for Public Highway - Project #195)

D96-41 DEED OF DEDICATION BY KRISTA DICKINSON (Dedication of

Property for Public Highway - Project #171 - Overland Trail

R96-164s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

COUNTRY MEADOWS PUD PHASE III

R96-165s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

EAGLE CREST SUBDIVISION

Motion carried 3 - 0.

10. EXECUTIVE SESSION WITH TREASURER REGARDING PERSONNEL MATTER:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:10 a.m. with the County Treasurer Chuck Woodward to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 11:40 a.m. and the following action was taken:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve an annual salary of $54,000 for the Chief Deputy in the Treasurer's Office.

Motion carried 3 - 0.

11. EXECUTIVE SESSION WITH RISK MANAGER MS. TREMBLAY:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:40 a.m. with Kate Tremblay, Risk Manager, to discuss pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:55 a.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

________________________________________

Sherry E. Graves, Deputy County Clerk

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