MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday, November 13, 2001

ADMINISTRATIVE MATTERS

(#116)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Chair Rennels was not present for approximately the first 40 minutes of this meeting. Also present were Linda Illum, Payroll Supervisor; Melinda Keen, Commissioner's Office; Captain Nelson, Sheriff's Office; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 5, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes as presented for the week of November 5, 2001.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 19, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule as presented for the week of November 19, 2001.

Motion carried 2 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for November 13, 2001:

ACTION ITEMS: Approval of supplemental rules of procedure for the Larimer County Board of Adjustment.

C01-46 SUPPLEMENTAL CONSULTANT CONTRACT #2 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LORIS AND ASSOCIATES

C01-47 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE VILLA, INC ON BEHALF OF LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD

MISCELLANEOUS: Amended Plat of Lot 6, Block 6, Cotton Willow Estates 2nd Filing and a part of Tract A, Block 6 Cotton Willow Estates 4th Filing; Approve petition for annexation to the City of Fort Collins. Clerk Note: Petition approved but not processed due to confusion over who is the circulator and who should sign as such.

LIQUOR LICENSES: The following licenses are approved Archer's Poudre River Resort- 3.2%- Bellvue, CO; Young's Liquor- 6%- Fort Collins, CO; and Red Feather Liquors- 6%- Red Feather Lakes, CO.

Motion carried 2 - 0.

5. REQUEST A WAIVER OF HUMAN RESOURCES POLICY AND PROCEDURE 331 TO ALLOW THE HIRING OF A NEW PAYROLL SUPERVISOR AT STEP 9 ON THE SALARY RANGE: Ms. Illum stated that the applicant is very qualified for the position and has requested more salary than Step 9, but is willing to start at Step 9.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the hiring of LaDonna D'Amato as Payroll Supervisor at Step 9 of the salary range for that position.

Motion carried 3 - 0

6. APPROVAL OF ADMINISTRATIVE POLICY AND PROCEDURE 100,1E ON BOARDS AND COMMISSIONS: Ms. Keen requested approval of an updated Boards and Commissions policy.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Administrative Policy and Procedure 100.1E on Boards and Commissions.

Motion carried 3 - 0.

P01-05 ADMINISTRATIVE POLICY AND PROCEDURE 100.1E

7. SHERIFF'S DEPARTMENT REQUEST TO WAIVE THE VACATION FORFEITURE POLICY: Captain Nelson requested the Board waive the vacation forfeiture policy for Lt. Palmer and restore 40 hours of vacation time. Captain Nelson noted that Lt. Palmer, due to the events of September 11th, has been unable to take vacation leave. Chair Rennels suggested this type of request be added to the list for delegation to the County Manager.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a waiver of the Personnel Policy dealing with the forfeiture of vacation leave in order to permit the restoration of 40 hours of vacation leave to Lt. Tim Palmer.

Motion carried 3 - 0.

8. POLICY ON LARIMER COUNTY LEGISLATIVE PROCEDURES: Mr. Gluckman provided background regarding coordinated efforts for legislative issues and requested approval of a policy outlining these procedures.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the adoption of the Larimer County Legislative Program procedures as submitted.

Motion carried 3 - 0.

Clerk Note: No policy or document was submitted for signature.

  1. WORK SESSION: None

10. COMMISSIONER REPORTS: Commissioner Bender noted his attendance at several Veterans' Day celebrations. Commissioner Gibson stated that he attended a Health Department breakfast and an Estes Park Transportation meeting. Chair Rennels stated that she attended Fairgrounds meetings.

11. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:00 a.m.

LAND USE HEARING

(#116)

The Board of County Commissioners met with Larry Timm, Director of Planning at 3:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Karin Knauf, Planner I; Claudia DeLude, Code Enforcement Officer; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels noted that the following item is consent and would not be discussed unless requested by the Board or members of the audience.

1. RESTU SUBDIVISION LOTS 40, 46, 47 & 48, BLOCK 2 AMENDED PLAT: NW 1/4 OF SECTION 3, TOWNSHIP 5, RANGE 71 WEST; LOCATED ON THE SOUTH SIDE OF HIGHWAY 34.

This is a request for an Amended plat to combine part of Lot 40 and Lots 46, 47 & 48, Block 2 of the Restu Subdivision into one larger lot. Staff recommendation is to approve the Amended Plat for Lots 40, 46, 47 & 48, Block 2 of the Restu Subdivision with the following conditions 1. The applicant shall obtain Change of Use permits to change the use of the two storage outbuildings from residential to storage, prior to recording the final plat; 2. The name of the new lot shall be Lot 1, instead of 46A, as per the naming standards for lots; 3. All conditions shall be met and the Final Plat recorded by May 13, 2002 or this approval shall be null and void.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Restu Subdivision amended plat as presented.

Motion carried 3 - 0.

2. MARTINDALE ZONING VIOLATION: Ms. DeLude stated that upon inspection of this property this morning, it was found to be in compliance and requested the item be removed from the agenda.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners accept staff recommendation.

Motion carried 3 - 0.

3. VACATION OF COUNTY ROAD 29: 2 & 3-5-70 & 34 & 35-6-70; NORTH OF THE BIG THOMPSON RIVER ALONG CR. 29

This is a request for reconsideration/review of the conditions of approval of the previous Board of County Commissioners' action to vacate and relocate County Road 29 to facilitate the expansion of the City of Loveland Green Ridge Glade Reservoir. Staff recommendation is that the Board takes the following actions to clarify or augment the action taken on January 10, 2000, acknowledging that the 2 years for closure of CR.29 is appropriate provided certain conditions are met 1. Approve the new eastern routing of CR. 29, as depicted on the plans dated November 1, 2001, as an appropriate route for the realignment/replacement of CR. 29; 2. Require the City of Loveland to reimburse all service providers who will bear additional or extraordinary costs during the period of closure upon specific request of said service provider; 3. Require the City of Loveland to develop an emergency services access plan that is approved by all the emergency service providers in the area; 4. The City of Loveland shall continue to work with Larimer County Engineering staff in the development of a hazardous materials transport plan.

Mr. Helmick stated that the City of Loveland is requesting the Board consider a new proposal for the relocation of County Road 29 (CR29) as well as the time required to close the road for construction. During the design phase, Mr. Helmick continued the City of Loveland realized that the proposal presented for consideration at this time, would save approximately 1 million dollars and prevent drastic permanent scaring on the face of the hill. Commissioner Gibson asked if there is an access to the north and Mr. Helmick replied in the affirmative.

Mr. Larry Howard, Water Resource Manager for Loveland agreed with Mr. Helmick's assessment of the proposal and reiterated a shorter construction time and cost. The disadvantage, Mr. Howard continued is that the road would be closed for approximately 2-years. Much discussion ensued regarding emergency response personnel and the impacts of closing CR 29.

Mr. Bob Skillman, Chief of Loveland Police and Emergency Services stated that he does not believe emergency residential response would be affected and encouraged open continued communication between the City, contractors and emergency response personnel.

Mr. Steve Tischner, area resident expressed concern with the extended closure of CR 29; which will cause the trucks that deliver hazardous materials to treat the reservoir to travel the residential road, Waterdale Drive. Mr. Tischner further stated that the original approval eliminated the shooting range and that this proposal would leave the range in place; the noise from which affects property values.

Mr. Dick Clarke stated that, as an emergency responder, he uses CR 27 to access CR 29 due to the condition of CR 29.

Mr. Dwayne Cable, Waterdale Dr. resident stated that he also believed the shooting range would be removed under the original approval and noted that a 2-year closure of CR 29 would not be convenient.

Mr. Mark Goodson, Waterdale Dr. resident expressed concern with the closure of CR 29 for two-years and that it would hamper area resident access. Mr. Goodson also noted that he would like the shooting range removed.

Mr. David Jessup, Sylvan Dale Ranch stated that the shooting range and the closure of CR 29 are two separate issues. The road closure, Mr. Jessup continued would be a tremendous inconvenience, however he is willing to deal with the inconvenience as opposed to viewing the alternative permanent scare on the hill.

Mr. Tom Gaskill, Waterdale Drive resident stated that with the new alignment, it is probable that traffic noise levels would be louder and requested a noise mitigation plan and provided suggestions. Mr. Gaskill also noted that he does not support recreational uses of the reservoir.

At this time the hearing was closed to the public and Mr. Howard rebutted that if traffic noise is found to have an impact, the consultant would provide noise mitigation recommendations.

Mr. Steve Adams, Loveland Water and Power stated that the City would bear the cost for requiring chemical suppliers to use smaller trucks during the duration of road closures.

Mr. Ray Miller, Loveland Police Department stated that the department is willing to continue to review potential mitigation of the shooting range and committed to working with area residents for a solution.

M O T I O N

Commissioner Gibson moved to re-open public comment.

Motion carried 3 - 0.

Mr. Tischner further expressed concern that the residential neighborhood must bear the risk of hazardous materials and suggested hauling be required to use the same access as emergency personnel.

Mr. Gaskill suggested the timing of a noise mitigation study be reviewed and requested the residents be able to have input.

At this time the hearing was closed to the public and Commissioner Gibson clarified the Boards authority regarding the shooting range and that the Board has no jurisdiction in the matter and Mr. Helmick replied in the affirmative.

Much discussion ensued regarding alternate routes for hazardous material traffic.

The Board discussed and modified staff recommendations and added a forth regarding truck traffic.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the modifications to the vacation of County Road 29 as recommended by staff and modified by the Board.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:30 p.m.

ESTES PARK TRANSFER STATION RATE INCREASE HEARING

(No audio available)

The Board of County Commissioners reconviened with Steve Gillett, Assistant Director of Natural Resources at 7:00 p.m.; Chair Rennels presided and Commissioner Bender was present. Also present were Lee Wicks, Transfer Gate Attendant and Jean O'Connor, Recording Clerk.

Mr. Gillett stated the proposed rate increase for the Estes Park Transfer Station is to assist in the reduction of subsidy given to the operation and move toward a "break even" point.

Commissioner Bender asked if traffic is an issue at the station and Mr. Wicks stated that occassionally big dumps will arrive at the same time causing a backup.

Mr. Rick Hurt, representative of Waste Management stated that he understood the need for the increase and requested the proposed rate hike be held until 2003.

Mr. Wicks stated that he has handed out flyers notifing residents and trash haulers of the proposed rate increase since October 1, 2001 and noted that the increase was also advertised in the local paper.

M O T I ON

Commissioner Bender moved to approve the proposed fee increase as presented.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 7:15 p.m.

__________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board