PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 18, 1996

LAND-USE PLANNING MEETING

(#1)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner I; Rex Burns, Project Engineer; and 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 or members of the audience:

1. CRYSTAL LAKES 9TH FILING IRRIGATION EASEMENT VACATION

(#96-SA0843): 24-10-74, CRYSTAL LAKES WEST OF RED FEATHER

LAKES; 1 ACRE; E-ESTATE ZONING

This is a request to vacate a 12-foot irrigation easement. Staff findings include: Crystal Lakes Ninth Filing was approved in 1975; 2) The plat includes a 12-foot easement for an irrigation ditch. The Irrigation Company indicates that the ditch is not in use and will not be used in the future; 3) This request is to vacate the easement to allow the lot owners to enjoy the full use of their property. The staff recommendation is for approval of the request to vacate the 12-foot irrigation easement on Lots 116 and 126 through 130, Crystal Lakes Ninth Filing.

2. GLACIER VIEW MEADOWS 8TH FILING, LOTS 21 & 22, AMENDED

PLAT (#96-SA0841): 24-09-72, GLACIER VIEW MEADOWS, WEST

OF LIVERMORE, 2.28 ACRES; 1 LOT; E-ESTATE ZONING

This is a request to consolidate two existing legal lots resulting in one building site. Staff findings are: 1) Glacier View Meadows Eighth Filing was approved in 1978; 2) This request is to combine two existing lots and vacate the utility easements platted along the common lot line. All utilities serving this area, including the Glacier View Meadows Water and Sewer Association, reviewed the Amended Plat and stated no objections; 3) The County Health and Engineering Departments reviewed the Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 21 and 22, Glacier View Meadows Eighth Filing, including the vacation of the utility easements along the common lot line.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Crystal Lakes 9th Filing Irrigation Easement Vacation (#96-SA0843) and the Glacier View Meadows 8th Filing Lots 21 & 22 Amended Plat (#96-SA0841).

Motion carried 3 - 0.

3. BELLCAMPTON MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#96-EX0845): NW 09-07-69, 350 FEET NORTH OF LAPORTE

AVENUE, ON THE EASE SIDE OF OVERLAND TRAIL;

12.86 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for an appeal to allow submittal of a MRD application for a parcel that was created after May 5, 1972. Ms. Evans described the subject area, appeal request, and reviewed the major issues and concerns; she noted there are drainage concerns, not on this property, but in the area. Staff findings include: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process. The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process and for parcels that are not granted an MRD appeal. A subdivision request on this property would be reviewed by the Urban Growth Area Review Board prior to hearing with the County Commissioners; 2) The subject property is zoned FA-1 Farming, which requires a 2.29 acre minimum lot size. Residential uses are the predominant use in the immediate area; 3) Preliminary information indicates that all utilities, including public water and sewer, are available at the site or nearby. Access, drainage and fire protection issues need further review. Given the circumstances in this case, adequate review of these and other technical issues can be provided through the MRD process.

The staff recommendation is for approval of the BellCampton MRD Appeal, granting the applicant the right to utilize the MRD process for consideration of a proposed land division. In addition to the standard submittal requirements for that process, the applicant shall also submit a Preliminary drainage plan and report.

Discussion and questions from the Board followed regarding the drainage problems and the possibility for higher density on this property, which is in the UGA. Melody BellCampton addressed the Board and described how she acquired the property and, because of legal entanglements, she is unable to sell the property. Commissioner Duvall stated she is supportive of this MRD appeal because of the potential to solve the very serious drainage problems in the area; Chair Clarke and Commissioner Disney concurred.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the BellCampton Minor Residential Development Appeal (#96-EX0845), subject to submittal of a preliminary drainage plan and report, leading to a subdivision improvement agreement to insure that drainage improvements will be constructed, and require the utilization of building envelopes to insure higher density, if appropriate, in the future.

Motion carried 3 - 0.

4. STERKEL MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#96-EX0844): SE 1/4 11-04-69, ON THE SOUTH SIDE OF COUNTY

ROAD 10E, WEST OF U.S. HIGHWAY 287, 228 WEST COUNTY

ROAD 10E; 10.7 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for a waiver of the MRD criteria to allow the submittal of a MRD with 3 lots, one of which would be for commercial use. Mr. White provided the area description and location, reviewed the main issues, and noted that the proposed commercial use is for storage of manufactured houses from the Summit Crest Homes plant; he noted that a public benefit is derived because of the need to retain this large employer in the Berthoud area, and this is a unique situation which does not apply to other properties. Staff findings are: 1) The Minor Residential Development Process was created to limit the types of parcels that are eligible to be divided by MRD; 2) The waiver of the criterion related to use is appropriate because potential impacts can be considered during the rezoning process; 3) There are unique factors related to the proposed non-residential use of the site which justify a waiver of the use criterion; 4) There is no evidence this property contains any unique or peculiar features which would justify waiver of the MRD criterion related to the number of lots. The staff recommendation is for approval of the appeal to allow submittal of an MRD which would result in a non-residential use, with the condition that a rezoning be submitted and reviewed; and denial of the appeal to allow submittal of an MRD which would result in more than two lots.

Mark Corbridge, surveyor and representative for Summit Crest Homes, addressed the Board and stated that the division of the property into three lots is beneficial to the Sterkles because if they choose to sell one lot in the future they would still have their residence on the property. Craig Caulkins, General Manager Summit Crest Homes, informed the Board that their plans and needs at this point in time require some form of expansion. Sam Sterkel informed the Board that he was born and raised on this property and the large acreage is getting to be too much for him and he does not want to have to move from his home.

Discussion and questions from the Board followed; Commissioner Disney expressed concern about setting a precedent if this appeal is allowed and he suggested the possibility of going through a full subdivision review. Mr. White indicated that the subdivision review process would take an additional four months time, for a total of eight months. Commissioner Duvall suggested tabling the matter to give the applicant time to consider the options. Chair Clarke stated he favors approving the MRD appeal request as presented today because of the irregular shape of this property and the commercial versus residential uses make sense because of the land uses that currently exist. Commissioner Duvall stated she is not comfortable with making Lot 1 commercial without the request being reviewed by the Planning Commission and going through the subdivision review process; however, she cautioned the applicants that going through the subdivision review process does not guarantee approval as there are many steps to go through before approval is granted.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Sterkel Minor Residential Development Appeal (#96-EX0844) until April 1, 1996.

Motion carried 3 - 0.

The meeting recessed at 3:55 p.m.

CONTINUANCE OF LAND-USE PLANNING MEETING

(#2)

The Land-Use Planning Meeting reconvened at 7:00 p.m. in regular session with Russ Legg, Interim Planning Coordinator. Chair Clarke presided and Commissioner Disney and Commissioner Duvall were present. Also present was Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Legg informed the Board that the Mayo Welding Special Review, which was previously tabled until this date, has been removed from tonight's agenda because a neighborhood meeting is being held this evening to try and resolve some of the issues; the Mayo Welding Special Review will be rescheduled for a later date.

The meeting recessed at 7:04 p.m.

PUBLIC HEARING REGARDING FANCH CABLEVISION OF

COLORADO (AKA INTERMOUNTAIN CABLE COMM) TELEVISION

SERVICES IN LARIMER COUNTY

(#2)

The Board of County Commissioners reconvened at 7:05 p.m. for a public hearing to consider a request for a time extension for completion of work by Fanch CableVision of Colorado. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present were: Russ Legg, Cable TV Coordinator; Mike Bryant, Access and Utility Coordinator; Tom Duchen, President River Oaks Communications Corporation; and Assistant County Attorney Jeannine Haag. Recording Clerk, S. Graves.

Chair Clarke opened the public hearing and introduced staff. Mr. Legg provided the background information for tonight's hearing and provided a brief explanation of the request for an extension of time to complete work, as required by the County, to provide cable television services for the citizens of unincorporated Larimer County. Mr. Legg noted that last year the county started a process for considering the renewal of the Fanch cable agreement; several hearings were held which revealed that consumers and customers were having difficulty with both their reception and customer service. In December of last year, the Board of County Commissioners adopted a resolution suspending the renewal process, found the company in default of its present agreement with the County, and gave them a specified amount of time (until March 1, 1996) to resolve the problems. Mr. Legg stated that the company has requested additional time to proceed with a plan they have organized and begun to put in place; he stated that they have had several meetings with the company and reviewed their plan and based on the information available at the present time, staff is recommending approval of the extension of time.

Mr. Duchen reviewed some of the matters outlined in the plan presented by Fanch and noted that some have been remedied and others are in the process of remedy; such as, technical violation issues, system reliability, picture quality, FCC compliance, emergency alert matters, system upgrade issues, and customer service issues. Mr. Duchen stated that Dick Lyons, attorney for Fanch, has been very responsive in all the discussions and he noted that communications have improved between the County and Fanch and he considers the request for the time extension until June 1, 1996 to be a reasonable request. Mr. Duchen informed the Board that they are aware that there may be some work which may not be able to be completed by the June 1 date; however, rather than make a decision with respect to a further extension, he suggested that during the next 90-day period, consideration be given to the way in which the work continues and hopefully most of it will be done. Mike Bryant also noted that weather can play a factor in the work not being completed by June 1, 1996, but primarily the availability of contractors is a big issue.

Mr. Legg stated that in addition to the work promised, Fanch has placed ads in the newspapers in Colorado and in the TV Guide from the Company in an outreach effort to their customers to indicate there would be outages as work is progressing and this has been very helpful to staff. Mr. Legg submitted a letter he received by FAX today from Nita & Fred Ahlbrandt, who could not attend tonight's hearing, containing a consumer complaint regarding their quality of service. Discussion followed concerning the reimbursement being requested by the County from Fanch for expenditures incurred in connection with the franchise renewal process.

Mike Pfeiler informed the Board he has been hired as the new regional manager for Fanch CableVision of Colorado; he reviewed his background experience and provided a progress report of their plans for upgrading the cable system. Mr. Pfeiler acknowledged the problems in the past and wants to move forward; he stated that Fanch is 100% committed to getting the problems corrected. Discussion and questions from the Board followed.

The hearing was opened for public comment; Mary Hagan stated she heard a rumor that cable fees are going to increase 20%; Mr. Pfeiler responded that is only a rumor. In response to the letter received and comments about programming, Mr. Pfeiler stated that Fanch is only a provider, a transmission source, for satellite channels and they have nothing to do with the programming.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Chair Clarke discussed several complaints he has received personally from customers and the lack of response from Fanch; Mr. Pfeiler stated that he will personally respond to these complaints to make sure the problems are solved. Commissioner Duvall discussed a customers concern about the local phone number and slow response; Mr. Pfeiler responded that when a call is made, it goes into the system and there are five full-time technicians in this area to respond. Chair Clarke admonished Fanch CableVision and stated that their cable system is a mess; he recognizes they are trying to correct the problems and he hopes they can be solved through this process and their plan. Chair Clarke voiced his displeasure with the letter from Fanch's attorney Dick Lyons about the reimbursement and stated it sounds like a threat; Commissioner Duvall stated that Fanch owes the County for legal fees, staff fees, advertising fees, and all costs were incurred because the County is trying to help Fanch solve their problems for the people receiving their service and now their lawyers are trying to put a 5% cap on the reimbursement, which does not reimburse the County for costs incurred, and she does not think the Larimer County taxpayers should have to absorb the added cost. Mr. Duchen suggested that discussions be continued with Fanch and staff as the 5% issue has real complexities involved. Commissioner Disney concurred with the comments made by Chair Clarke and Commissioner Duvall. Commissioner Duvall stated she appreciates Mr. Pfeiler coming tonight and enduring everyone's wrath; she proposed taking the staff's recommendation but recommended a condition regarding reimbursement be added. Ms. Haag responded that it would be more appropriate for the Board to grant the extension with the understanding that the County is not waiving any additional rights to pursue the issue of reimbursement.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners allow a time extension of ninety (90) days until June 1, 1996 to Fanch CableVision of Colorado, as granted in the Resolution approved on December 6, 1995; at that time, the Board will re-evaluate the progress that has been made and will not waive the County's right to seek reimbursement for expenses incurred, approve a Findings and Resolution authorizing this time extension, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-51g FINDINGS AND RESOLUTION REGARDING APPROVAL OF THE

REQUEST FROM FANCH CABLEVISION OF COLORADO FOR

AN EXTENSION OF TIME TO UNDERTAKE AND COMPLETE

WORK AS REQUIRED BY THE COUNTY

The meeting adjourned at 8:00 p.m.

WEDNESDAY, MARCH 20, 1996

ADMINISTRATIVE MATTERS

(#3)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present were: Ginny Riley, Human Development Director; Neil Gluckman, Assistant County Manager; Sheriff Richard Shockley; Paul Cooper, Community Corrections Director; Captain Gary Darling, Operations Division; Ed Schemm, Assistant Director Field Environmental Health Services; Ralph Jacobs, Director Human Resources; Carol Block, Director of Finance; Deni LaRue, Courthouse Expansion Project Coordinator; Gayle Morgan, Planning Staff Services Manager; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared today for the open session for public comment.

2. INTRODUCTION OF BARBARA COE: Mr. Lancaster introduced Barbara Coe, Coordinator for the Northern Regional project; she reviewed her background for the Board. Commissioner Duvall asked Ms. Coe if she would be willing to help the Board work on an intergovernmental agreement with the Town of Windsor and she asked her to attend the meeting with the city/town councils of Windsor, Timnath, Fort Collins and Loveland next Thursday at 4:00 p.m.; Ms. Coe agreed to help the Board with the IGA and will attend the meeting, as requested.

3. DISCUSSION OF LARIMER COUNTY APPOINTMENT TO THE COMMUNITY DEVELOPMENT CORPORATION: Ms. Riley discussed the appointment of a Larimer County representative to the Community Development Corporation, which is a private non-profit organization focused on the development of affordable housing. Ms. Riley stated that the organization is in the process of formation and recruiting a board of directors of 15 members and they would like a Commissioner to serve on the Board; because of the Board's many commitments and full agenda every week, the Board recommended Ms. Riley be appointed to serve as Larimer County's representative on the Community Development Corporation Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Ginny Riley to represent Larimer County on the Community Development Corporation Board of Directors.

Motion carried 3 - 0.

4. APPROVAL OF ANIMAL CONTROL CONTRACT WITH THE LARIMER COUNTY HUMANE SOCIETY: Mr. Gluckman requested Board approval of the Human Society Agreement; he reviewed the history leading to the finalization of the agreement and he outlined many of the changes, which will result in improved service to the public, and noted that the Humane Society has been very cooperative throughout the negotiations. Mr. Gluckman informed the Board that the Humane Society asked for a 12% increase in monies from the County, noting they have not had an increase in 3 years; a 5.8% increase was agreed upon, with a $5,000 supplemental payment by April 1, 1996.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Humane Society Agreement regarding animal control services in the unincorporated portions of Larimer County, and authorize the Chair to sign same. .

Motion carried 3 - 0.

A96-39 HUMANE SOCIETY AGREEMENT BETWEEN THE LARIMER

COUNTY BOARD OF COMMISSIONERS AND THE HUMANE

SOCIETY FOR LARIMER COUNTY

5. RESOLUTION SUPPORTING TRANSPORTATION DEMAND MANAGEMENT PROGRAM: Mr. Lancaster requested Board approval of a resolution in support of the Transportation Demand Management Program, as discussed and agreed on during a previous meeting. Commissioner Disney requested that a copy of the resolution be sent to Ron Phillips of the North Front Range Council.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution of support for Larimer County Government as a flagship in the North Front Range Transportation and Air Quality Council for Transportation Demand Management, and authorize the Chair to sign same.

Motion carried 3 - 0.

A96-52g RESOLUTION OF SUPPORT FOR LARIMER COUNTY

GOVERNMENT AS A FLAGSHIP IN THE NORTH FRONT

RANGE TRANSPORTATION AND AIR QUALITY COUNCIL

FOR TRANSPORTATION DEMAND MANAGEMENT

6. REQUEST OF WAIVER OF PERSONNEL POLICIES: Mr. Jacobs requested Board approval of a waiver of the Larimer County Personnel Policy Manual to permit the Human Resource Director to suspend the hiring process for the Human Resources Specialist position in order to consider employees who are in county departments that are subject to significant funding cuts and possible layoffs.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve a waiver of the Larimer County Personnel Policy Manual provisions to permit the Human Resources Director to suspend further consideration of the applications received for the Human Resources Specialist position in order to consider transferring a current employee from among those employees in the Human Development Department and the Employment and Training Department whose programs are being reduced.

Motion carried 3 - 0.

Mr. Jacobs also requested the Board to allow a waiver of policy to allow several departments to continue to pay certain employees out-of-title pay until the temporary situations that necessitate this arrangement are resolved. Mr. Jacobs described the six individual out-of-pay situations currently existing in the county and the reason for the request. Commissioner Duvall asked if it would be possible to consider some policy changes so it will not be necessary for the Board to approve waivers and exceptions so frequently.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve exceptions to the normal County policy that limits out-of-title pay to six months for the following positions: Diana Morton and Cindy Case in Finance; Steve Moore and Gary Janezich in Information Management; Barry Gentry in Community Corrections; and Ken Woods in the Parks Department.

Motion carried 3 - 0.

7. DISCUSSION OF JUVENILE HOLDING FACILITY OPTIONS: Mr. Cooper submitted a memo outlining the funding options for the Youth Offender Evaluation Center for the Board's review and discussion; he noted that he met with Loveland Police Chief Wagoner and Ft. Collins Police Chief Rainguet to also incorporate their ideas and he stated that the funding proposal document will also be discussed at the next Ft. Collins Council Health and Safety Committee meeting on March 28, 1996. The Board reviewed the four options: Option 1 is for Shared Capital/County Operating; Option 2 if Shared Capital (County credit for land costs)/County Operating; Option 3 is City & Towns Share Capital/County Operating; and Option 4 is Shared Capital and Operating, which proposes that all entities share in the cost of building and operating the facility. Commissioner Duvall proposed that the County start charging for Youth Offender Response (YOR) Team evaluation, as this is not mandated and is a free service from Larimer County; she requested Mr. Cooper to calculate the costs of YOR and consult with legal staff to determine if the County can legally charge for this service. After much discussion, the Board's choice is Option 4 (B) but agreed that instead of the $143,950 proposed from the County for operating, the Board will continue the current funding expenditure of $250,000 for operating. A caveat option also was discussed whereby entities which do not participate in a negotiated funding option will pay a user fee at a cost of $146.12 per day, per bed.

8. DISCUSSION OF BOXELDER SANITATION DISTRICT LIFT STATION PERMIT: Last week during Administrative Matters, the Board tabled reconsideration of the site application for a sewage lift station permit from the Boxelder Sanitation District to serve the Colorado Department of Transportation (CDOT) rest stop area on I-25, north of the Harmony Road exit, until today to allow time for further discussion. Discussion ensued and Commissioner Duvall requested that the Board send a letter to the Water Quality Control Division of the Colorado Department of Health, along with the site application, stating that they are concerned about the failing septic systems serving the CDOT rest stop areas and the potential environmental degradation of the area and the Poudre River; however, they are also concerned that construction of this lift station may encourage development on the east side of I-25. Therefore, the Board would like to add a condition that ..."This lift station and/or force main is approved to serve only the CDOT rest stop area and any expansion of service to other areas must undergo all local government, 208 water quality planning agency and state site application review." Mr. Schemm stated that the site application, as presented, is just to serve the CDOT rest stop area and there is no intention to serve any other areas. Mr. Schemm introduced Dean Smith, Manager of the Boxelder Sanitation District who stated that the District must respond to requests for service and if there is a water quality problem, they have to fix it and in this case there is a serious problem; he also informed the Board that there is adequate infra-structure to serve increased development in this area. Much discussion followed regarding density, urban development, availability of services, etc. Commissioner Duvall stated she would like to have an Intergovernmental Agreement with the Boxelder Sanitation District to work together on land-use planning and development; Mr. Smith stated he has no problem with the Board sending the letter with the site application and he would be willing to work on a partnership with the County.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners recommend approval to the State Health Department of a lift station permit to allow the Boxelder Sanitation District to serve the CDOT rest area on I-25, and authorize the Chair to sign the letter which includes the condition that any expansion of service to other areas must undergo all local government, 208 water quality planning agency, and state site application review.

Chair Clarke stated that he supports approval of the submission of the Site Application by the Boxelder Sanitation District for the lift station to serve the Colorado Department of Transportation (CDOT) rest stop area on I-25, but he cannot support the condition requiring that any expansion of service must undergo local government review. Commissioner Disney stated he sees the letter and condition as a working partnership with the District as the Board tries to develop appropriate densities.

Motion carried 2 - 1; Chair Clarke dissenting for the reasons stated above.

9. COURTHOUSE AND FACILITIES EXPANSION UPDATE: Deni LaRue submitted a copy of the news release stating that a press conference will be held at 9 a.m. on March 29, 1996 to announce the three finalist teams who submitted proposals to the Request for Qualifications and who will receive Requests for Proposal for the Facilities Expansion Project; Ms. LaRue invited the Board to attend the press conference. Ms. LaRue reminded the Board that the Congress of Neighborhoods will be held this weekend and they will be sharing a booth with the PLUS group

10. WORKSESSION:

-- PLUS Advisory Council Appointments: Ms. Morgan submitted a listing of names from which the Board will make appointments to the PLUS Advisory Council; however, since five of the persons have not yet been contacted, the Board decided to defer making those appointments until everyone has been contacted.

-- Fort Collins County Seat for a Day: Mr. Lancaster informed the Board that arrangements are still pending for Fort Collins County Seat for a Day next week.

-- Items for Policy Worksession: Mr. Lancaster noted that he and Commissioner Disney will not be available tomorrow for Policy Worksession and he asked if Chair Clarke and Commissioner Duvall still wish to meet; they agreed to meet and will discuss Specialist Review (ecological, etc.) for land-use. Interim Planning Coordinator Russ Legg and Environmental Health Planner Doug Ryan will also be invited to attend.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they will be able to attend.

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 11, 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 the Agenda for the week of March 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 the following documents as listed on the Consent Agenda on Document Review for March 20, 1996:

MISCELLANEOUS DOCUMENTS: Job Service Plan for 1996; Warrant Register for Social Services for January 1996 and February 1996; Van Sant Minor Residential Development Final Plat; and McDonough Minor Residential Development Final Plat. LIQUOR LICENSES: County approval was granted to the Landings Resort Restaurant and Beach Club - 6% - Fort Collins, CO., and a Waive of Hearing for Change of Ownership for a 6% Tavern Liquor License for the Windjammer Lounge, 3431 N. Carter Lake Road, Loveland, CO. Licenses were issued to: Aspen Lodge - 6% WITH EXTENDED HOURS - Estes Park, CO., and Mountain Greenery Resort - 6% - Bellvue, CO.

A96-40 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 21 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND VELDA MOREHOUSE (Project #8005)

A96-41 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS FOR THE LARIMER COUNTY PARKS

DEPARTMENT AND COLORADO STATE UNIVERSITY

(Environmental Protection Agency Wetlands Inventory)

C96-12 CONTRACT FOR REMOVING SNOW FROM THE STREETS

OF LARIMER COUNTY GENERAL IMPROVEMENT DISTRICT

#4 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND N. E. KITCHEN, INC. (Carriage Hills GID #4)

Motion carried 3 - 0.

At this time, 11:30 a.m., Chair Clarke left the meeting and Assistant County Attorney Jeannine Haag and Zoning Code Enforcement Officer John Pedas joined the meeting for Legal Matters.

12. LEGAL MATTERS:

1. Section 18 Resolution and Agreement: Ms. Haag submitted a Resolution and Agreement approving the Section 18 Transportation Contract for the services previously provided by Care-A-Van, and requested Board approval and the Chair's signature.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution allowing the Agreement/Contract between the State of Colorado Department of Transportation and the Board of County Commissioners for Section 18 funding, and authorize the Chair to sign both documents.

Motion carried 2 - 0.

R96-53g RESOLUTION REGARDING SECTION 18 OF THE FEDERAL

TRANSIT ACT OF 1991 FOR FEDERAL ASSISTANCE FOR

PUBLIC TRANSPORTATION

A96-42 AGREEMENT/CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, STATE

DEPARTMENT OF TRANSPORTATION (Section 18 Funding)

2. Closing Documents for Sale of Lot 12, Crystal Lakes 14th Filing: Ms. Haag presented the Quit-Claim Deed and closing documents for the sale of Lots 12, Crystal Lakes Fourteenth Filing PUD, and requested Board approval and the Chair's signature.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Quit-Claim Deed and Resolution for Conveyance for the sale of Lot 12, Crystal Lakes Fourteenth Filing, P.U.D. between the Board and James T. and Leslie Ryan.

Motion carried 2 - 0.

D96-06 QUIT-CLAIM DEED FOR THE SALE OF LOT 12, CRYSTAL

LAKES FOURTEENTH FILING, P.U.D.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:25 a.m. to discuss possible litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:50 a.m.; no action taken.

PUBLIC HEARING REGARDING POSSIBLE TRANSFER OF

COUNTY PARKS TO THE STATE PARKS SYSTEM

The Board of County Commissioners reconvened at 7:00 p.m. in the Loveland City Council Chambers for a Public Hearing with Parks Director John MacFarlane regarding the transfer of the County Parks to the State Parks System. Chair Clarke presided and Commissioners Disney and Commissioner Duvall were present. Recording Clerk, S. Graves.

Chair Clarke opened the public hearing, introduced staff, and outlined the format for tonight's hearing; approximately fifty people were in attendance for the hearing. Mr. MacFarlane reviewed the two options being considered--Option A is to transfer the management responsibility of the County Parks to the Colorado State Parks or Option B is to retain management responsibility in the Larimer County Parks Department; he noted that the Larimer County Parks Board recommends Option B.

At this time the public comment portion of the hearing was opened; Jean Bolton stated that after reviewing both options, she thinks the County should transfer Carter Lake, Pinewood Reservoir and Flatiron Reservoir to the State because they are operating at a loss, and the County should retain Horsetooth Reservoir and Horsetooth Mountain Park and offer to take over the management of Lory State Park. Bob Zinner from Johnstown stated that his family practically lives at Horsetooth during the summer and they enjoy the Larimer County Parks just the way they are; the parks are improving every year and it would be a shame to lose them and if they are turned over to the State, we will never get them back. Mr. Zinner stated that the county parks are some of the finest parks in the State and it is because of the way they are managed and he stated he is willing to pay the differential in fees. Don Quackenbush, former Bureau of Reclamation employee, stated he favors Larimer County keeping all the parks and he asked about proposed improvements for the parks; Mr. MacFarlane indicated that there is a three-page list of improvements and they will be spending over $1 million this year. Chuck Carlson stated he would like to see the County retain management of the parks because he is concerned about growth management, and if management is turned over to the State, we will advertise all the wonderful resources we have in Larimer County and we will be encroaching on the ability of the Larimer County residents to get access to the parks; he recommended giving Option B a chance to work. Jim Bliss, President Colorado Bass Federation, talked about problems they have had with the State Parks and he doesn't want to see the parks transferred. Glen Gibson recommended keeping the parks at the local level. Dennis Friendenhaul, previous Parks Board member, stated that Larimer County needs to maintain its commitment to parks and if the transfer takes place, the money allotted for Parks should be spent for parks because we are going to have growth and he asked what is the percentage of usage of county and out-of-county residents; Mr. MacFarlane stated that a study will be done this summer to find out exactly, but he believes it is about 50/50. Gary Buffington, State Parks employee, entered into the record a letter received from Mr. Tremeling from Windsor and an attachment of 50 names supporting the transfer of the parks to the State; he reminded the Board this is not a take over by force and most of their authority is at the regional level and they do listen to the local interests. Commissioner Disney asked if it would be possible to have Horsetooth Park and Lory under one management; Mr. Buffington said that discussion of this is a possibility. Commissioner Duvall asked if the State will still be interested if we talk about transferring the Parks later, after we give Option B a chance; Mr. Buffington responded in the affirmative. Debra Stillwell, Administrative Manager for the County Parks Department, stated that the County Parks Department has a great deal of respect for the State Parks and she noted that the County Parks Department has strived to remain neutral through this whole process, but tonight she wishes to speak from her heart. She stated she likes working for Larimer County and she loves her job--the Parks Department is made up of down-to-earth people who know how to work and they have worked very hard over the years to develop a strong management program and now with the sales tax initiative that just passed, they are on the brink of reaping the fruits of their labors. Ms. Stillwell stated that the State will manage the parks well, and all the employees have been assured they will have jobs with the State, but nothing will be the same; the staff will be scattered and re-assigned and the open lands program will be set adrift. She noted that a former County Commissioner said that the Parks system is the "crown jewel" of Larimer County and don't ever give it away. B. J. Nichol disagreed with the letter from Mr. Tremeling and stated that it is not "fear of change" it is "fear of bureaucracy"; she stated it would be a big mistake to turn the management of the parks to the State and the decision would be irrevocable and we need to give Option B a chance. She asked if Carter Lake has always been running in the deficit; Mr. MacFarlane responded that it has only been losing money the past few years. Jack Culver, who owns property next to Horsetooth Park, favors the County keeping the parks but suggested they allow the cattle back in the pastures because they have created a fire hazard with too much grass. John Leismeister stated that the Parks operation has not been able to generate sufficient funds for a long time; he reported on the financial situation and stated we need to generate more income or find a way to remove the financial burden. Mr. Leismeister noted that if the fees are raised as proposed, this will generate about $90,000 extra income and that will help the deficit but not the $300,000 needed. He stated that there are lots of reasons to transfer to the State; however, if the fees are raised substantially, we might be able to keep all the parks. He noted that the population in Larimer County is supposed to double in the next 20 years and there has to be some control or these parks will be trampled and he raised the possibility that maybe the reason Boyd Lake is so crowded is because of the population growth, and not because it has been taken over by the State. Mr. MacFarlane noted that the differential fee will generate $140,000 and the lottery revenue in 95' will be $328,000 for capital. Herman Magnesen asked why is the State interested in our parks if they are losing so much money and he noted he votes for Option B; Mr. Buffington responded that the State receives a 30% subsidy to run the parks and the County only receives 8%. Don Culver stated that the question of whether or not to transfer the parks to the State should be voted on by the citizens of Larimer County.

At this time the public comment portion of the hearing was closed and opened for Commissioner comments. Commissioner Disney stated that the Board needs to have a meeting with the Parks staff to get their thoughts on the transfer and he noted that the open space tax was approved by the voters by a landslide margin, which indicates to him that the citizens of Larimer County are very concerned about the open lands and view it as a growth management tool. Commissioner Disney would like to have more discussion regarding the different mix (giving some of the parks away and taking on Lory State Park) and he stated that he does not like the differential fee; and he stated that not all the lottery dollars are going to be used exclusively for parks that some of those monies will need to be used for fairground improvements. Commissioner Duvall stated that her decision won't be based on who can manage these parks the best, because she considers the management by both the state and county excellent; she will consider finances and resource analysis and she thinks we are going to have to raise fees for everyone. Commissioner Duvall asked the audience how many of the county residents would be willing to pay the out-of-county fee - about 1/2 of the audience raised their hands. Commissioner Duvall expressed appreciation to the State Parks for being there in the future as a back up plan and she stated that the county has invested a lot of money to upgrade these parks, and she asked why the county can't negotiate for that expenditure-- there should be an agreement on reimbursement for county monies previously spent on parks. Commissioner Duvall indicated she would like to see more information on the park split, negotiations, reimbursement, and an analysis of benefits for retaining the parks. Chair Clarke stated that if the County is going to keep these parks under their control, he would like to minimize the money from the Larimer County taxpayers going into these parks and he supports the differential fee; however, he acknowledged that the visitors who do come here, do help the local economy and he suggested another fee to consider is a fee for camping and he favors either the County keeping all the parks or transferring all of them.

The Board reviewed their schedule for next week and decided to hold their two-hour discussion on this matter from 2 p.m. until 4 p.m. next Thursday, March 28, 1996 and requested that the discussion be televised, if possible. In order to meet with the Parks staff before this discussion, the Board will meet with them at 1:30 p.m. that same day. The Board stated that if their questions are answered during this meeting and discussion period, a decision regarding the transfer of parks will be made at that time.

The public hearing adjourned at 8:45 p.m.

THURSDAY, MARCH 21, 1996

LIQUOR LICENSE RENEWAL HEARING

DRINK-N-DAWG

(#6 AND #7)

The Board of County Commissioners met in regular session at 7:00 p.m. with George Hass, County Attorney. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present was Lt. Cox, Sheriff's Department. Recording Clerk, A. Jensen.

Chair Clarke began the meeting with introductions. Mr. Hass stated the Commissioners requested this hearing to consider allegations against the Drink-N-Dawg with respect to their liquor license. Mr. Greg White, special prosecutor for Larimer County, addressed the Board regarding a stipulation presented by counsel for the Drink-N-Dawg.

Discussion ensued concerning the stipulation. Commissioner Duvall stated she wants to proceed with the hearing to allow comments from the public and then consider the stipulation. Mr. Hass suggested that the Commissioners read the stipulation and then open the hearing to public comment. At this time Mr. White submitted the notice of publication and hearing to the Commissioners, as well as the stipulation for review. Mr. White briefly reviewed the stipulation for the Commissioners. Discussion followed concerning training verification and the suspension listed in the stipulation.

Chair Clarke then opened the hearing to public comment on the stipulation only. Mr. Jim Vick approached the podium and addressed the Board. Mr. Dave Sauter also approached the podium to comment on the pending stipulation. Mr. White and Mr. Hass sought to clarify the stipulation for the Board and attendees. Discussion continued amongst the Commissioners. Chair Clarke and Commissioner Duvall expressed concerns as to the leniency of the penalties listed in the stipulation. Commissioner Duvall inquired about the other alleged violations and how they would be treated if the Commissioners would accept this stipulation. Mr. Hass responded that the Commissioners could not conduct another hearing, administratively, on those violations if the Commissioners would agree to the stipulation as submitted. Discussion followed. The Commissioners stated they wish to proceed with the hearing and not to accept the stipulation presented by Mr. Massey, legal counsel for the Drink-N-Dawg establishment.

Mr. White continued the hearing by calling Lt. David Cox to the podium, where he was sworn in by the court reporter, Mr. Jason Meadors. Mr. White requested that Lt. Cox summarize his employment history and his experience with the Drink-N-Dawg tavern. Lt. Cox reviewed each of the alleged violations for the Commissioners. Questions were posed by the Commissioners and Mr. White. Mr. White instructed Lt. Cox to briefly address alleged violations prior to 1995. Mr. Massey objected to Lt. Cox reviewing the older alleged violations. Mr. Hass stated that they could not be used to deny the liquor license, but could be reviewed to give the Commissioners a historical perspective of this establishment. Lt. Cox continued with his testimony.

Mr. Massey cross-examined Lt. Cox. Commissioner Disney asked Lt. Cox if other establishments had as many police reports associated with it as the Drink-N-Dawg. Lt. Cox responded no. Mr. Massey continued with his cross-examination of Lt. Cox. Lt. Cox stated that he has mandated that all deputies must ask individuals suspected of a DUI or DWAI, where they had consumed alcohol.

Mr. White called Mr. Jim Vick to testify and was sworn in by Mr. Meadors. Mr. White also stated that Mr. Vick's testimony was for a historical perspective only. Mr. Vick reviewed an accident that occurred September 26, 1994. Mr. Massey cross-examined Mr. Vick.

At this time Chair Clarke called for a five minute break.

The hearing was called back to order by Chair Clarke, inquiring of Mr. Massey if he had any witnesses he wished to bring forward. Mr. Massey called Vicki Gorm to testify and to be sworn in by Mr. Meadors. Ms. Gorm testified regarding her employment with the Drink-N-Dawg, training and the incident that occurred November 13, 1992, report #92-16391. Mr. White cross-examined Ms. Gorm.

Ms. Tammy Glick was called to the podium to testify and to be sworn in by Mr. Meadors. Ms. Glick testified on the incident that occurred August 26, 1993, report #93-14489. Mr. White did not cross-examine Ms. Glick.

Mr. Massey called Mr. Dennis Glick to the podium to give testimony and to be sworn in by Mr. Meadors. Mr. Glick stated he is the owner and manager of the Drink-N-Dawg. Mr. Glick also stated he has attempted to cooperate with the Sheriff's office and that he has no objection to mandatory training for his employees. Mr. White did not cross-examine Mr. Glick.

Mr. Massey then called Mr. Ron Glick to the stand to testify and to be sworn in by Mr. Meadors. Mr. Glick stated he is unfamiliar with the alleged violations presented tonight and is not involved in the day to day operations of the Drink-N-Dawg. Mr. White cross-examined Mr. Glick.

Mr. White made his closing comments, limiting them to alleged violations occurring in 1995 only, as well as call attention to the regulations and statutes governing liquor licensing. Mr. Massey made his closing comments and the hearing was closed to public testimony.

Commissioner Duvall requested that Mr. Sauter comment on possible conditions the Commissioners could impose when renewing the Drink-N-Dawg's license. Mr. Sauter briefly outlined possible options for the Commissioners. Commissioner Duvall continued the hearing by stating her concerns with this particular location, the seriousness of the reports before the Board and the increased frequency of reports involving the Drink-N-Dawg. Commissioner Duvall also stated she is in support of mandatory training for the employees. Commissioner Disney stated that the stipulation rendered earlier would be an appropriate response to these alleged violations. Chair Clarke briefly outlined testimony given during the hearing. Discussion ensued regarding possible conditions to be imposed upon renewal of this liquor license.

M O T I O N

Commissioner Disney moved that the Board require the licensee for the Drink-N-Dawg enroll his employees in a liquor class to prevent service to the underage and visibly intoxicated. Evidence showing completion of such a class shall be provided to the Larimer County Clerk and Recorder by May 1, 1996. Suspension of the tavern liquor license for the Drink-N-Dawg will take place March 22, 23 and 24, 1996. Any further violations will result in a hearing with possible revocation of the tavern liquor license.

Motion carried 3 - 0.

The hearing adjourned at 9:45 p.m.

MEETING WITH SOCIAL SERVICES STAFF & COUNTY ATTORNEY

The Board of County Commissioners met at 1:30 p.m. with Doug Keasling, Director of Social Services and several members of the Social Services Staff. Chair Clarke and Commissioner Duvall were present; Commissioner Disney was in Estes Park speaking to the Association of Retired Federal Employees. Also present was Linda Dahn, Assistant County Attorney. Recording Clerk, S. Graves.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 1:30 p.m. to discuss pending litigation.

Motion carried 2 - 0.

The Executive Session ended at 3:00 p.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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Aimee Jensen, Deputy County Clerk