PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 4, 1999

LAND-USE PUBLIC HEARING

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The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Carol Evans, Planner II, and County Attorney George Haas. Recording Clerk, Sherry Graves.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. AMENDED PLAT OF LOT 88, GLACIER VIEW MEADOWS

SUBDIVISION, 2ND FILING; 15-09-72 - OFF EITHER MT. APIATAN

COURT OR MANHEAD MOUNTAIN DRIVE; 4.87 ACRES;

2 LOTS; E-ESTATE ZONING

This is a request for an amended plat to adjust a boundary line between Lot 88 of the Glacier View Meadows Subdivision, 2nd Filing, and an unincorporated area of Larimer County; said combining of lots will result in one lot being approximately 4.87 acres in size. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the Amended Plat of Lot 88 within the Glacier View Meadows Subdivision, 2nd Filing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Amended Plat of Lot 88, Glacier View Meadows Subdivision, 2nd Filing (#98-S1340).

Motion carried 3-0.

The hearing recessed at 3:05 p.m.

TUESDAY, JANUARY 5, 1999

ADMINISTRATIVE MATTERS

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The Board of County Commissioners meet at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided; Commissioners Clarke and Disney were present. Also present were: Commissioner Elect Kathay Rennels; Deborah Morgan, Public Trustee; Ralph Jacobs, Director of Human Resources; Brice Miller, Chief Building Inspector; Rex Burns, Project Engineer; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Administrative Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Kelly Ohlson and Tom Jackson addressed the Board during open session for public comment. Mr. Ohlson again stressed to the Board that he feels it is very important to have true representation whenever they put together a citizen committee in order to have all voices heard; he also noted that the review committee should only be concerned with raising questions and concerns pertaining to the issues at hand, not casting votes or making decisions on these issues. Both Commissioners Clarke and Disney noted that they are just as concerned about appointing fair and open-minded individuals to these committees and task forces, as they are about creating a balance and cross-section of individuals with different perspectives. Mr. Jackson presented the Board with a stack of petitions with a total of 5,372 signatures from citizens requesting the Board re-write the Land Use Code to make it more clear, concise and less regulatory; he noted that the "one size fits all" concept will not work and although it may be legally acceptable, he feels it is not morally acceptable.

2. AMENDMENT TO THE AGENDA: Mr. Gluckman stated that there needed to be an amendment to the agenda to include a request for the Engineering Department to hire a new employee above Step E.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners amend the agenda to include the Engineering Department's request to hire a new employee above Step E.

Motion carried 3-0.

3. APPROVAL OF MINUTES FOR THE WEEK OF DECEMBER 28, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of December 28, 1998.

Motion carried 3-0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF JANUARY 11, 1999:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of January 11, 1999.

Motion carried 3-0.

5. CONSENT AGENDA:

M O T I O N

Commissioner Disney moved for approval of the following documents as listed on the consent agenda on document review for January 5, 1999:

A99-01 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WARREN KRAXBERGER (Senior Nutrition Program Kitchen Lease Agreement)

C99-01 CONTRACT CHANGE LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONRS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES (Modifies Contract #97-752)

MISCELLANEOUS: Approval of Request for Authorization of Senior Secretary Position in Mental Health Department.

LIQUOR LICENSES: County approval was granted to: Sundance Steakhouse & Saloon - 6% - Fort Collins, CO.

Motion carried 3-0.

6. PUBLIC TRUSTEE FUNDS: Ms. Morgan explained that her office collects "pass through" funds for the Clerk & Recorder and according to State Statues, this money should be returned to the general fund. Ms. Morgan then presented the Board with a symbolic check for the sum of $155,725.00. The Board congratulated Ms. Morgan and thanked her for all of her hard work on behalf of Larimer County.

7. SALARY ADJUSTMENTS FOR MENTAL HEALTH CENTER DIRECTOR AND ASSISTANT DIRECTOR, AND ENGINEERING DEPARTMENTS REQUEST TO HIRE A NEW EMPLOYEE ABOVE STEP E: Mr. Jacobs explained that he had two items to discuss, the first being a salary adjustment for the Mental Health Director and Assistant Director; he noted that since the Mental Health Center has received Board approval to provide incremental increases in salary beginning in January, instead of July as originally planned, there also needs to be a provision made for the salary adjustments of the Director and Assistant Director. Mr. Jacobs noted that Randy Ratliff's actual classification is Estes Park Manager, but he is also serving as the Interim Mental Health Director; therefore, his salary for 1999 will be set at $65,065.58, which includes both his base salary and the out of title pay for serving as Interim Director. Mr. Jacobs stated that he recommends a 4.89% increase for Assistant Director Vicki Grassman which coincides with the percentage salary increase for the rest of the HHS Division department heads that were tied to the Social Services Director benchmark.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a 1999 salary of $65,065.58 for Mr. Ratliff as Interim Mental Health Center Director to be comprised of $52,141.96 in base salary and $12,923.62 in compensation for serving in an "out of title" capacity; the 1999 salary of $56,864 for Vicki Grassman as Assistant Mental Health Center Director and to increase the salary ranges for the Mental Health Center Director and the Assistant Mental Health Center Director by 4.89%.

Motion carried 3-0.

Mr. Jacobs noted that Mark Peterson of the Engineering Department would like to hire Todd Juergens to fill one of their supervisory positions and has requested Board approval to hire Mr. Juergens above step E. Mr. Jacobs noted that Mr. Juergens is currently working as the lead inspector for the City of Fort Collins Engineering Department and he has approximately nine years of progressive experience in the areas of construction inspection and management of public works construction activities; he noted that Mr. Peterson would like to hire Mr. Juergens at Step H of the CE2 grade, at an annual salary of approximately $48,389.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the proposal to hire Todd Juergens at Step H of the Civil Engineer II grade to fill an opening in the construction management/engineer section of the Larimer County Engineering Department.

Motion carried 3-0.

8. DISCUSSION OF PROPOSED BUILDING INSPECTION BILL: Mr. Miller explained that he met with the Colorado Chapter of the National Builders Association and was informed that the Bill pertaining to use of alternate materials for plumbing will be re-introduced in legislation this year; he noted that there is discrepancy on who has jurisdiction on making the determination to authorize use of alternate materials for certain projects and that is what this Bill will address. Mr. Miller requested Board approval to meet with Stan Matsunaka to explain this issue and enlist his support. Some discussion followed on how the Bill would be presented and when the Bill will be introduced. Mr. Miller noted that he would further investigate the status of the Bill and once he has determined how the Bill will be presented and who is sponsoring it, then he, and possibly Mr. Gluckman, would set a meeting with Mr. Matsunaka.

9. COMMISSIONER REPORTS: There were no Commissioner Reports.

10. WORKSESSION: Ms. Hart reviewed pending invitations with the Board.

- Ms. LaRue requested guidance on how the Board wished to handle the groundbreaking for the Justice Center. After some discussion, the Board decided that the ceremonial aspect of the groundbreaking is important to the community and they would like to mount a television camera to the side of the existing courthouse in order to film the event and the on-going construction of the Justice Center. Ms. LaRue stated that she would check into the feasibility of this.

11. LEGAL MATTERS: There were no Legal Matters.

12. WYNDHAM HILL: Commissioner Clarke noted that the developers of Wyndham Hill PUD had previously agreed to pave a portion of County Road 13 as part of their initial approval; however, they will not get their permits pulled prior to February 15th, which is when the new road fees will go into effect, and they do not think it is fair that they will have to pay the road fee and still have to pave the road. Mr. Burns stated that conditions have changed since the approval of Wyndham Hill PUD and that public use has increased on County Road 13 from 800 to 1200 trips per day and this decreases the cost to the developer to pave this road. Mr. Burns also noted that the developers have reconfigured the plat from the 20 originally approved lots and reduced it to 12 lots, which will also reduce the road impact from this subdivision; he noted that Staff would support a reduction in fees to the developer and noted that the best way to collect payment would be via the impact fees which will go into effect February 15, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners amend the Findings and Resolution concerning the Master Plan and Preliminary Plat of Wyndham Hill Planned Unit Development to strike item H and replace it with "The developer shall pay impact fees at the time the building permits are pulled. The amount of the fees shall be the amount collectible upon the adoption of the revised impact fee system that is scheduled to go into effect on February 15, 1999. If a permit is pulled prior to February 15, 1999, it shall be subject to the same fees as if the fee system to be adopted on February 15 had been in effect at the time the building permit is pulled".

Motion carried 3-0.

13. EXECUTIVE SESSION: At this time Facilities Manager Dave Spencer joined the meeting to discuss land negotiations.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at to discuss land negotiations.

Motion carried 3-0.

Executive Session ended at 11:45, no further action taken.

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CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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Gael M. Cookman, Deputy County Clerk