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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 8, 1999

EXECUTIVE SESSION REGARDING PERSONNEL MATTER

The Board of County Commissioners met at 8:30 a.m. for an Executive Session regarding a Personnel Matter. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Frank Lancaster, County Manager; Ralph Jacobs, Director of Human Resources; Kate Tremblay, Risk Manager; Sheriff Jim Alderden; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 8:30 a.m. to discuss a personnel matter.

Motion carried 3-0.

The Executive Session ended at 10:15 a.m.; no action taken.

LAND-USE PLANNING MEETING

(#446 @ 500)

The Board of Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: John Pedas, Code Enforcement Officer, and Sean Wheeler, Planner I. Recording Clerk, Sherry Graves.

Chair Olson 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. AMENDED PLANNED UNIT DEVELOPMENT SETBACK FOR

LOT 22, BLOCK 7, PTARMIGAN 2ND FILING; 2624 TAYLOR LANE

This is a request for an amendment to allow a dwelling 22 feet 6 inches from a front property line rather than 25 feet required by the approved PUD plan. Staff findings include: 1) Ptarmigan Subdivision 2nd Filing was platted and approved under the Larimer County PUD regulations which establishes the minimum setback requirements; 2) A staking or survey error was made in locating the dwelling on the site; 3) The magnitude of the "variance" in setback of the building does not impose any significant impacts on the surrounding neighborhood; 4) The location of the building 2.5 feet closer to the road does not impose any traffic safety concerns; 5) Granting the amendment to the PUD setback requirements will not affect property in the neighborhood. The staff recommendation is for approval of the PUD amendment for Lot 22, Block 7, Ptarmigan 2nd Filing to allow a dwelling 22.5 feet from the front lot line.

2. AMENDED PLAT OF BLOCK 2 IN THE TOWN OF BELLVUE (#98-S1356):

SE ¼ OF 25-08-70 - SOUTH SIDE OF LAPORTE STREET IN BELLVUE,

OR NORTH SIDE OF GRIZZLY STREET, AT THE INTERSECTION OF

2ND STREET; 1.74 ACRES; 12 LOTS; O-OPEN ZONING

This is a request for an amended plat to combine Lots 12, 14, 16 and 24 and parts of Lots 2, 4, 6, 8, 10 and 22 into a new Lot 2A and to combine Lots 18 and 20 and parts of Lots 2, 4, 6, 8, 10 and 22 into a new Lot 4A in the Town of Bellvue. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, but does not comply with the Larimer County Subdivision Resolution required width's for Right-of-Way dedications; 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 to combine Lots 12, 14, 16 and 24 and parts of Lots 2, 4, 6, 8, 10, and 22 into a new Lot 2A, and to combine Lots 18 and 20 and parts of Lots 2, 4, 6, 8, 10 and 22 into a new Lot 4A in the Town of Bellvue.

3. MEADOWDALE HILLS 2ND RIGHT-OF-WAY VACATION (#98-S1357):

34-05-72 - 3 MILES SOUTHEAST OF ESTES PARK ALONG APLINE DRIVE

IN THE MEADOWDALE HILLS SUBDIVISION; 2 LOTS; O-OPEN

ZONING

This is a request to vacate a portion of right-of-way easement along Alpine Drive in the Meadowdale Hills Subdivision and to formally relocate this right-of-way around a large rock outcropping. Staff findings include: 1) The proposed easement vacation and relocation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The easement vacation and relocation is compatible with other development in the surrounding area; 3) Approval of the easement vacation and relocation 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; 5) This relocation of the ROW is necessary due to physical constraints at the site.

The staff recommendation is for approval of the Meadowdale Hills 2nd Right-of-Way Vacation, subject to the following conditions: 1) The applicant shall provide an amended plat for the vacation and realignment of the right-of-way along Alpine Drive in the Meadowdale Hills Subdivision as shown in the application, to be approved by the Larimer County Engineering Department; 2) No existing utility easements are to be vacated by this approval.

4. AMENDED PLAT OF LOTS 8 & 9, BARTRAM PARK SUBDIVISION

(#98-S1358): SE ¼ - 08-05-70 - SOUTH SIDE OF U. S. HIGHWAY 34,

WEST OF THE NARROWS IN THE BIG THOMPSON CANYON;

11.12 ACRES; 2 LOTS; O-OPEN ZONING

This is a request for an amended plat to relocate the property line between Lots 8 and 9 within the Bartram Park Subdivision; said relocation of lots will result in a new Lot 8-A being approximately 5.59 acres in area and Lot 9-A being 5.53 acres in area. This application also seeks to vacate one 14' utility easement. Staff findings are: 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 Lots 8 & 9 within the Bartram Park Subdivision and approval of the proposed vacation of the existing 14' utility easement, as shown on the plat.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Amended Planned Unit Development setback for Lot 22, Block 7, Ptarmigan 2nd Filing; Amended Plat of Block 2 in the Town of Bellvue (#98-S1356); Meadowdale Hills 2nd Right-of-Way Vacation (#98-S1357); and the Amended Plat of Lots 8 & 9, Bartram Park Subdivision (#98-S1358); each, with the conditions as outlined.

Motion carried 3-0.

The meeting recessed at 3:05 p.m.




TUESDAY, FEBRUARY 9, 1999

ADMINISTRATIVE MATTERS

(#447)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Ed Woodward, Senior Engineering Technician; Diana Cook, Assistant County Attorney; Ralph Jacobs, Director Human Resources; Candace Phippen, Code Enforcement Office Building Technician; Diane Martell, Engineering Staff Services Manager; Donna Hart, Commissioners Administrative Manager; and Tom Clayton, Acting Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR THE WEEK OF FEBRUARY 1, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of February 1, 1999, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 15, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of February 15, 1999, as submitted and revised.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

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 for Document Review on February 9, 1999:

MISCELLANEOUS DOCUMENTS: Harris Subdivision Final Plat; Newell Lake Amended Final Plat; Wich MLD Amendment Amended Plat; Vista View Estates Amended Plat of Lots 14-16 and Vista View Estates PUD; TANF Policy Revision.

LIQUOR LICENSES: Licenses were issued to: Horsetooth Marina Resort, Inc. - 3.2% - Fort Collins, CO. and Red Feathers Carry Out - 6% - Red Feather, CO. County approval for renewal of liquor license was granted to: Cloverleaf Race Track - 6% - Loveland, CO.; Classic Catering - 6% - Fort Collins, CO.; and Schmidt's Olde Time Bakery, LTD. - 6% - Loveland, CO. County approval for Change of Ownership and Waive of Hearing was granted to the Aspen Lodge - 6% - Estes Park, CO.

C99-03 COMMON INTEREST COMMUNITY CONTRACT FOR SALE OF

PROPERTY BY BOARD OF COUNTY COMMISSIONERS TO

DEVIN P. HORIHAN (Glacier View Meadows 12th Filing, Lot 78)

R99-21z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF SHOCKLEY ARENA SPECIAL REVIEW

R99-22s FINDINGS AND RESOLUTION APPROVING THE OVERLAND

VALLEY MINOR RESIDENTIAL DEVELOPMENT

R99-23g RESOLUTION ADOPTING COMMUNITY PARK LAND

DEDICATION/IN-LIEU FEE STANDARDS, REGIONAL PARK LAND

DEDICATION/IN-LIEU FEE STANDARDS, COUNTY

TRANSPORTATION CAPITAL EXPANSION FEE REGULATION

AND REGIONAL TRANSPORTATION CAPITAL EXPANSION FEE

REGULATION

Motion carried 3-0.

5. RECOGNITION OF STAFF FOR EFFORTS IN INITIATING THE HUB: The Board awarded framed Certificates of Appreciation to Kathy Snell, Director Health & Human Services; Ginny Riley, Director of Human Services; Joe Ferrando, Director of Community Corrections; Randy Ratliff, Executive Director Mental Health; Jan DeWitt, HHS Management Services Assistant; George Coll, Supervisor HUB Center; Carla Turner, Youth Services Bureau Program Manager; and Cindy Dodds, Program Manager for Child & Family, for their pioneering efforts to establish the HUB, Colorado's second Juvenile Assessment Center.

6. ADOPTION OF FEMA STUDY MAPS AND RESOLUTION: Mr. Woodward requested Board approval of "The Flood Insurance Study for the unincorporated areas of Larimer County, Colorado, dated March 23, 1999", and a resolution concerning the FEMA Flood Insurance Maps, as required by the Federal Emergency Management Agency.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve "The Flood Insurance Study" and a resolution for adoption of the new FEMA Flood Insurance Maps, and authorize the Chair to sign the resolution.

Motion carried 3-0.

R99-24g RESOLUTION CONCERNING FEMA FLOOD INSURANCE MAPS

7. 1ST READING OF ORDINANCE PERTAINING TO THE CONTROL AND

REGULATION OF THE MOVEMENT AND PARKING OF MOTOR

VEHICLES ON PUBLIC PROPERTY

Ms. Cook requested the Board to read and acknowledge the First Reading Pertaining to the Control and Regulation of the Movement and Parking of Motor Vehicles on Public Property; she noted that this Ordinance will repeal Ordinances #96-02 and #97-01, which had inconsistencies, and will be uniform with other Model Traffic Codes throughout the State and Larimer County.

8. SEXUAL HARASSMENT PREVENTION POLICY: Mr. Jacobs stated that after much effort, discussion, negotiation, arguments and compromise, a new Sexual Harassment Prevention Policy has been written and he requested Board approval; he noted that the current policy is not part of the Manual and it has now been updated and incorporated into the Personnel Policy Manual. Commissioner Disney asked if an elected official is accused of sexual harassment, if the meeting to decide upon action should be in Executive Session; much discussion followed and it was decided that this question will be asked of the County Attorney and/or the District Attorney. The Board also determined that the County Surveyor should be included in the list of attendees participating in that meeting.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the revision to the Larimer County Personnel Policy Manual to include the new Sexual Harassment Prevention Policy, and direct Mr. Jacobs to revise the resolution to include the County Surveyor as a participant in the meeting to determine action if an elected official is accused of sexual harassment.

Motion carried 3-0.

9. WAIVER OF HIRING POLICY IN THE HEALTH DEPARTMENT: Mr. Jacobs stated that Dr. LeBailly, Director of the Health Department, has requested Board approval to waive the advertising policy to hire a Reproductive Health Program Nurse Practitioner. Mr. Jacobs noted that last year the Health Department hired a Nurse Practitioner, but that person began experiencing allergic reactions to something in the environment and not able to come to work; therefore, they hired a temporary who is completing her full orientation and is working well in their clinic setting and they would like to hire her and would like to waive the normal hiring procedures to convert her from a temporary employee to a permanent employee.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners waive the requirement in the Personnel Policy Manual to advertise for the Nurse Practitioner position in the Reproductive Health Program and allow the Health Department to hire Valerie Exelby as a permanent employee, effective February 1, 1999.

Motion carried 3-0.

10. REQUEST FOR CHANGE IN STAFFING DOCUMENT IN THE SHERIFF'S DEPARTMENT: Mr. Lancaster noted that a request has been received, due to reorganization in the Sheriff's Office, for the Board to approve a new position of Classification Captain No. 127011, for which funding has been approved, and delete position No. 103001, Sheriff's Appointed Administrator, for which no funding exists.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the addition of position No. 127011 to the Sheriff's Office staffing document to hire Captain Ern K. Hudson at a pay rate of $5,833.34 per month, and eliminate position No. 103001 from the staffing document.

Motion carried 3-0.

11. REQUEST FOR APPROVAL OF LONGVIEW DRIVE LID FEDERAL TAX EXEMPTION CERTIFICATE, IRS FORM 8038-G, OMNIBUS CERTIFICATE OF COUNTY, AND PAYING AGENT AND REGISTRAR AGREEMENT: Ms. Martell requested Board approval of a Federal Tax Exemption Certificate, IRS Form 8038-G, Omnibus Certificate of County, and Paying Agent and Registrar Agreement, for Special Assessment Bonds for the Larimer County Local Improvement District No. 1997-2 (Longview Drive); she noted that these documents have been reviewed and approved by the Director of Finance and the County Attorney.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Federal Tax Exemption Certificate, Omnibus Certificate of County, IRS Form 8038-G, and the Paying Agent and Registrar Agreement, and authorize the Chair to sign the four documents.

Motion carried 3-0.

A99-21 PAYING AGENT AND REGISTRAR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE BANK OF

CHERRY CREEK, N.A. IN DENVER, COLORADO (Special Assessment

Bonds for LID No. 1997-2 for Longview Drive)

Motion carried 3-0.

12. REQUEST TO REFER BUILDING CODE VIOLATION TO COUNTY ATTORNEY: Ms. Phippen requested authorization from the Board to refer a building code violation to the County Attorney for legal action; she noted that they have been unable to find resolution or cooperation from the homeowners in this matter.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Building Department to refer the Building Code Violation File #BV-3793 to the County Attorney for legal action, as requested.

Motion carried 3-0.

13. WORKSESSION:

-- Update on Animal Task Force Applications: Mr. Lancaster provided an update for the Board on the applications for the Animal Task Force; he noted that this Friday is scheduled for screening of the applications. Mr. Lancaster asked if all the Commissioners wish to be involved in the interviews of the applicants; the Board indicated that they all wish to be involved because it is such an important part of the PLUS Land Use Code. It was noted that, if scheduling allows, those interviews will be held on March 3, 1999.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

14. COMMISSIONER REPORTS:

-- Commissioner Rennels reported on the CCI meetings she attended last Friday in Denver.

At this time, County Attorney Jeannine Haag, Director of Planning Larry Timm, and Planners Al Kadera and Jill Bennett joined the meeting for Legal Matters.

15. LEGAL MATTERS:

-- Request for Approval of Resolution: Ms. Haag requested Board approval of a resolution authorizing the purchase of a conservation easement in cooperation with the Larimer Land Trust supporting the acquisition of the Daymaker, Inc. (Blue Mountain Bison Ranch); she noted that the amount of the disbursement from the Larimer County Parks and Open Lands sales Tax Fund is blank on the resolution and needs to filled in. The Board stated that the amount for the County's down payment has been approved.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution authorizing the purchase of a conservation easement by the Board of County Commissioners in cooperation with the Larimer Land Trust supporting the acquisition of the Daymaker, Inc. (Blue Mountain Bison Ranch), subject to inserting the proper dollar amount in the third paragraph, and authorize the Chair to sign same.

Motion carried 3-0.

A99-25g RESOLUTION AUTHORIZING THE PURCHASE OF A

CONSERVATION EASEMENT BY THE BOARD OF COUNTY

COMMISSIONERS IN COOPERATION WITH THE LARIMER

LAND TRUST SUPPORTING THE ACQUISITION OF THE

DAYMAKER, INC. (BLUE MOUNTAIN BISON RANCH)

-- Discussion of Rewrite of Wildlife Section of the Land Use Code: Ms. Haag stated that she has read the re-write of the Wildlife Section of the Code five times and, in her opinion, it is incomprehensible; she asked for clarification from the Planning Staff and Commissioners and offered to then re-write it for clarity. Much discussion followed; the Board indicated they would like more time to review this section of the Code. Mr. Kadera also offered to rewrite this section and get his draft to the Board for their review next week, which then can be discussed at the next public hearing on the Code, which is February 22, 1999.

The meeting adjourned at 11:05 a.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk