PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 18, 1999

There were no meetings scheduled for today because of the Martin Luther King Holiday.

TUESDAY, JANUARY 19, 1999

ADMINISTRATIVE MATTERS

(#432)

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: Jim Reidhead, Director Rural Land Use Center; Mike Bryant, Access & Utility Coordinator; Deni LaRue, Community Information Manager; and Donna Hart, Commissioners' Office Administrative Manager. Recording Clerk, Sherry Graves.

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

2. APPROVAL OF MINUTES FOR WEEK OF JANUARY 11, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 11, 1999, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 25, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of January 25, 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 on Document Review for January 19, 1999:

LIQUOR LICENSES: County approval for renewal of liquor license was granted to Convenience Plus #7 - 3.2% - Fort Collins, CO. A license was issued to the Sundance Steakhouse and Saloon - 6% - Fort Collins, CO.

R99-03s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF UTILITY AND DRAINAGE EASEMENT IN TAFT CANYON

PUD SUBDIVISION, 2ND FILING

R99-04s FINDINGS AND RESOLUTION APPROVING AN AMENDED

PLAT AND VACATION OF RIGHT-OF-WAY IN BOSWORTH

ADDITION TO BELLVUE

R99-05g RESOLUTION CANCELING TAXES DETERMINED TO BE

UNCOLLECTIBLE

R99-06g RESOLUTION REGARDING DEPOSIT OF 1999 FUNDS BY

COUNTY TREASURER

Motion carried 3-0.

At this time, Commissioner Rennels left the meeting due to conflict of interest with the next item.

5. APPROVAL OF GARCIA RANCH RURAL LAND USE PLAN FINAL PLAT:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the Garcia Ranch Rural Land Plan and authorize the Chair to sign the Development Agreement relating to developer's obligations for same.

Motion carried 2-0.

A99-05 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN THE GARCIA RANCH RURAL LAND PLAN

(fka Dixon Cove Estates RLUP) BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JJ GARCIA

6. APPROVAL OF FINDINGS AND RESOLUTIONS APPROVING THE

REVISED GARCIA RANCH PRELIMINARY RURAL LAND PLAN

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Findings and Resolution approving the Revised Garcia Ranch Preliminary Rural Land Plan (fka Dixon Cove Estates Preliminary Rural Land Plan), approved on December 21, 1998, and authorize the Chair to sign same.

Motion carried 2 - 0.

R99-07s FINDINGS AND RESOLUTION APPROVING THE REVISED

GARCIA RANCH PRELIMINARY RURAL LAND PLAN (fka

Dixon Cove Estates Preliminary Rural Land Plan)

At this time, Commissioner Rennels returned to the meeting.

7. APPROVAL OF FINAL PLAT FOR HIGHLAND HILLS PUD 4TH FILING:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the Highland Hills PUD 4th Filing, Lots 11 through 19 inclusive, and authorize the Chair to sign the Subdivision Improvement Agreement for same.

Motion carried 3-0.

A99-06 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND HH GROUP, INC.

FOR HIGHLAND HILLS FOURTH FILING, LOTS 1 THROUGH 19

8. UPDATE ON FACILITIES GROUNDBREAKING ITEMS:

Ms. LaRue provided a quick update on the asphalt breaking for the new County Justice Center; she noted it will be at 12:15 p.m. on Friday, January 22, 1999 at the corner of Mason Street and LaPorte Avenue.

9. RESOLUTION ADOPTING LARIMER COUNTY RIGHT-OF-WAY PERMIT APPLICATION AND CONSTRUCTION GUIDELINES: Mr. Bryant requested Board approval of a resolution adopting Larimer County right-of-way permit application and construction guidelines. Mr. Bryant stated that this resolution is a revision of the existing policy, which has been in place since 1979; he noted that the Cities of Fort Collins and Loveland, Larimer County and the Town of Estes Park have worked together on the revision of the guidelines and Fort Collins and Estes Park have recently adopted the new guidelines. Mr. Bryant stated that these new guidelines protect the investment the taxpayers in Larimer County have in the County's road system.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the resolution adopting Larimer County Right-of-Way Permit Application and Construction Guidelines, effective February 1, 1999, and authorize the Chair to sign same.

Motion carried 3-0.

R99-08rb RESOLUTION ADOPTING LARIMER COUNTY RIGHT-OF-WAY

PERMIT APPLICATION AND CONSTRUCTION GUIDELINES

10. REINSTATEMENT OF POSITION IN ROAD AND BRIDGE DEPARTMENT: Mr. Lancaster stated that Mr. Miller, Director of the Road and Bridge Department, has requested the Board to reinstate position RB-13056, which was deleted from their staffing document as a result of the County policy which deletes all positions left unfilled for more than 9 months.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reinstate position RB-13056 in the Road and Bridge Department, as requested by Mr. Miller.

Motion carried 3-0.

11. WORKSESSION:

-- Request to Move Gate in County Right-of-Way: Mr. Lancaster stated that there is a County right-of-way extension of Trilby Road, west of Taft Hill Road and north of the Landfill, that leads to Hidden Springs Subdivision; he noted that there is an existing gate in front of the abandoned portion of the right-of-way and the homeowners of Hidden Springs have requested permission to move the gate closer to Taft Hill Road to discourage trespassers from driving into the right-of-way. After questions from the Board and discussion, CONSENSUS OF THE BOARD was to concur with the request to move the gate to within two-car lengths from Taft Hill Road.

-- Mr. Lancaster informed the Board that he has not heard from the Sheriff's Department regarding the salaries for the Captain's; he noted that according to Statute, the Board of County Commissioners must approve those salaries by resolution before they can be paid. The Board requested Mr. Lancaster to work with Captain Cooper on obtaining this information and make sure the salaries are reasonable and within their existing budget.




M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution establishing compensation for Larimer County Appointed Officials in the Sheriff's Office, and authorize the Chair to sign same, contingent on Mr. Lancaster's perusal of the resolution to insure that the salaries are within the Sheriff's Department existing budget.

Motion carried 3-0.

R99-09g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER

COUNTY APPOINTED OFFICIALS IN THE SHERIFF'S OFFICE

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

At this time, County Attorney George Hass joined the meeting for Legal Matters.

12. LEGAL MATTERS:

-- Mr. Hass requested Board approval of a Promissory Note and Deed of Trust for the purchase of open space property in the Fossil Creek Resource Management Area from Beverly A. and Byron E. Williams for $86,000 with 5% interest, with payments to be made in two (2) annual installments commencing January 22, 2000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Promissory Note for $86,000 with 5% interest and Deed of Trust for purchase of open space property in the Fossil Creek Resource Management Area from Beverly A. and Byron E. Williams, and authorize the Chair to sign the Deed of Trust.

Motion carried 3-0.

D99-01 DEED OF TRUST FOR PURCHASE OF PROPERTY FOR OPEN

SPACE FROM BEVERLY A. AND BYRON E. WILLIAMS

-- Commissioner Disney requested that a worksession be scheduled with Mr. Hass and the Transfer Development Unit group; after discussion, a worksession was scheduled for 10 a.m. on Monday, January 25, 1999.

13. COMMISSIONER REPORTS:

-- Commissioner Rennels reported on the Larimer County/City of Fort Collins/Poudre R-1 School District Liaison Committee meeting she attended this morning; she noted that they would like to have a meeting with the Sheriff to talk about the workings within the schools and Mr. Gluckman is going to draft a letter to send to Sheriff Alderden asking him to attend the meeting.

-- Commissioner Rennels stated that Bill Barnes, American Society of Farm and Ranch Appraisers, called her about their convention on February 9, 1999 at Sylvan Dale Ranch and requested that someone from Larimer County attend to discuss our land-use code, conservation easements, etc. Director of Planning Mr. Timm or Chief Planner Russ Legg will be asked to attend with her.

-- Chair Olson stated that she received notification regarding a CCI Growth Committee meeting on Wednesday of this week and she suggested Commissioner Rennels attend since she will be in Denver attending the CCI New Commissioner Orientation.

-- Commissioner Rennels stated that Jefferson County is asking for help on a Bill which would eliminate the $500 maximum annual fine for landowners for beetle kill pine; she noted that her concern is how this Bill could affect farmers and ranchers and people that border public lands. She stated that she asked them to try and alter their language to eliminate ranchers who are diligent to their trees.

-- Chair Olson referred to the survey the Commissioners received from the State of Colorado, Division of Local Government; Commissioner Rennels stated she completed the survey and has sent it in. It was noted that the reason for the survey is to advise state policy makers and citizens about current issues facing Colorado Counties.

-- Chair Olson asked how Steve Porter is doing with the re-write of the Land Use Code; Mr. Lancaster responded that he has submitted portions of it.

-- Ms. LaRue stated that Chair Olson was elected Chair of the CCI Land-Use Committee; it was noted that the Committee is comprised of one member from every member County.

The meeting adjourned at 10:35 a.m.

THURSDAY, JANUARY 21, 1999

CONTINUATION OF DISCUSSION OF LAND-USE CODE

The Minutes for tonight's discussion of the Land-Use Code will be approved separately at a later date and posted on the Internet at that time.

___________________________________________

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