PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 19, 1998

No meetings today as the Courthouse was closed in observance of Martin Luther King's Birthday.

TUESDAY, JANUARY 20, 1998

ADMINISTRATIVE MATTERS

(#285)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Greg Pickett, Director, and Administrative Manager Deb Stillwell of the Parks and Open Lands Department; Ralph Jacobs, Director Human Resources; Carol Block, Director of Finance; Avie Strand, Director of Community Health Services; Neil Gluckman, Assistant County Manager; Donna Hart, Staff Services Manager for Commissioners' Office; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

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

2. APPROVAL OF MINUTES FROM THE WEEK OF JANUARY 12, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of January 12, 1998, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JANUARY 26, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of January 26, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the consent agenda on document review for January 20, 1998:

MISCELLANEOUS DOCUMENTS: Check Warrant Register for December 1997. LIQUOR LICENSES: County approval was granted for Windjammer Liquors - 6% - Fort Collins, CO.; for a Waive of Hearing for Change of Ownership for the Red Feather Carry Out - 6% - Red Feather Lakes, CO., and a Report of Corporate Changes for Cloverleaf Kennel Club - 6% - Loveland, CO. A License was issued to the Sundance Steakhouse and Saloon - 6% - Fort Collins, CO.

A98-02 INTERGOVERNMENTAL AGREEMENT FOR RENTAL OF VOTING

EQUIPMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF BERTHOUD

A98-03 INTERGOVERNMENTAL AGREEMENT FOR RENTAL OF VOTING

EQUIPMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF ESTES PARK

A98-04 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WARREN KRAXBERGER (Senior

Chuckwagon Kitchen at 905 N. College Avenue)

C98-01 CONTRACT FOR PROFESSIONAL/TECHNICAL SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

STOVE PRAIRIE INSPECTION SERVICES OF LARIMER

COUNTY (Renewal of Cable TV Construction Inspection Contract)

C98-02 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MONROE EXCAVATION, INC. FOR

ROADWORK AND SNOW REMOVAL ON ROADS IN THE

RED FEATHER GENERAL IMPROVEMENT DISTRICT NO. 13A

R98-06s FINDINGS AND RESOLUTION APPROVING WINDEMERE ROAD

STREET NAME CHANGE

R98-07s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

IN LETITIA LAKE 2ND FILING, LOTS 20 & 21, BLOCK 1

R98-08s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

IN FAIRWAY ESTATES SUBDIVISION 1ST FILING, LOTS 18 & 19

Motion carried 3 - 0.

Mr. Lancaster noted that the Inlet Bay Marina Concession Agreement and license renewal are at the County Attorney's Office awaiting their stamp of approval; however, as the Agreement needs to be signed by next week, he requested the Board to authorize the Chair to sign the agreement, contingent upon the County's Attorney approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Concession Agreement for renewal of the License for Marina operations at Horsetooth Reservoir, and authorize the Chair to sign same, contingent upon approval of the County Attorney.

Motion carried 3 - 0.

A98-05 LICENSE AGREEMENT FOR MARINA OPERATIONS AT

HORSETOOTH RESERVOIR BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND WERTHWHILE

ENTERPRISES, LLC.

5. REQUEST FOR NEW POSITION IN PARKS DEPARTMENT: Mr. Pickett reminded the Board that last Fall when John MacFarlane resigned as Director of Parks, the Board concurred that Mr. MacFarlane would move into the position of Park Ranger & Volunteer Program Manager. As required by the Human Resources Department for funding of that position, the Board was requested to take formal action today approving the addition of that position to the staffing document for the Parks & Open Lands Department; it was noted that this position replaces a former position called Visitor Services Manager and, therefore, will not increase the total staff for the department.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the restoration of one position to the Parks & Open Lands staffing document for a Park Ranger and Volunteer Program Manager, effective January 1, 1998.

Motion carried 3 - 0.

6. REQUEST FOR LIMITED TERM POSITION IN PARKS DEPARTMENT: Mr. Pickett requested Board approval for conversion of one temporary employee (Russell Rauch) to regular status under a Limited Term Employment Agreement. Ms. Stillwell explained that currently they have three employees working under Limited Term Employment Agreements to perform construction on new park improvement projects which are funded by grants from the Bureau of Reclamation; she noted that Mr. Rauch is a temporary employee and in order to retain his services, they are required to convert him to regular employee status or replace him, which they don't want to do. Ms. Stillwell informed the Board that this is a grant funded position, contingent on grant funding.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request for conversion of one temporary employee (Russell Rauch) to regular status under a Limited Term Employment Agreement to perform construction of grant-funded park improvement projects.

Motion carried 3 - 0.

7. APPOINTMENT OF FACILITIES DIRECTOR: Mr. Lancaster stated that after two rounds of interviews, the recommendation is for the Board to appoint David Spencer as the new Facilities Director; he noted that Mr. Spencer has experience in construction, maintenance, and custodial and starts employment with the County today.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint David Spencer as the Larimer County Facilities Director, at an annual salary of $60,000,

Motion carried 3 - 0.

8. REQUEST FOR FUNDING TRIAL MEMBERSHIP IN THE INNOVATIONS GROUP: Mr. Lancaster requested Board approval of funding in the amount of $5,000 from the Commissioners' Special Projects Fund for a one-year trial membership in the Innovations Groups; he noted that this is a National non-profit organization formed by professionals for professionals with the mission to assist local governments through information, training, and technology programs. Mr. Lancaster stated that membership allows any County employee to access this service and there are no limitations on the number of accesses; he noted that currently the Cities of Loveland and Fort Collins and the Town of Estes Park are Innovations Group members.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of $5,000 from the Commissioners' Special Projects Fund for a one-year trial membership in the Innovations Group.

Motion carried 3 - 0.

9. ASSIGNMENT OF PRIVATE ACTIVITY BOND ALLOCATION TO THE CITY OF FORT COLLINS: Ms. Block introduced Alan Krcmarik, Finance Director for the City of Fort Collins, Andy Kane, Underwriter, and Scott Price, Builder for Wintergreen Homes. Ms. Block stated that as in past years, the County has received a private activity bond allocation and this year it is for $1.54 million; she reminded the Board that last year they established a policy whereby if the County had an allocation and no project for it, we would notify all the Cities and Towns in Larimer County that the allocation was available. Ms. Block noted that the City of Fort Collins has come forward with a request for our allocation. Mr. Kane stated that the purpose of the request is to build a multi-family rental housing project near Richards Lake; he noted that the applications for the State are due January 23, 1998. Mr. Price presented a map of the site and described the project; he provided a brief overview of Wintergreen, the owner of the project, and noted that this project will not only benefit Wintergreen, but Larimer County as well; he stated this project is for 54 townhouse units located in the center of their property immediately adjacent to their 7-acre park. Mr. Price stated that this project was reviewed by the Affordable Housing Board and also by the Finance Committee and both recommended the project unanimously to the Fort Collins City Council, which will consider it tonight. Mr. Lancaster asked, if the Fort Collins City Council does not approve this allocation assignment, will the Board's action of approval become null and void; Mr. Price responded that two separate resolutions have been written for both the County and the City, contingent on each entity approving this project.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the assignment of the 1998 Private Activity Bond Allocation to the City of Fort Collins, and authorize the Chair to sign the assignment agreement.

Motion carried 3 - 0.

A98-06 ASSIGNMENT OF 1998 PRIVATE ACTIVITY BOND ALLOCATION

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE CITY OF FORT COLLINS

10. REQUEST TO WAIVE POLICY TO ALLOW THE HEALTH DEPARTMENT TO HIRE A NURSE PRACTITIONER ABOVE E STEP: The Board was requested to waive policy to allow the Health Department to hire a Nurse Practitioner above E Step. Mr. Jacobs stated that the over the last several years, the Health Development has been working hard at recruiting Health Practitioners, which are very much in demand; he noted that he supports the request to waive the policy to hire Ms. Vicki Witmer as a Nurse Practitioner at Grade 156, Step G with the Reproductive Health Program. Chair Olson asked if the department has the funding to pay for this requested action; Ms. Strand assured the Board that they do have monies available to pay for this increase and she noted that the request is to approve a higher step and not a higher grade. Ms. Strand informed the Board that the other two Nurse Practitioners in this program were hired at Step M. in order to be able to hire them; she noted that it is very hard to find qualified Nurse Practitioners and their salary level really needs to be reviewed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver of policy to allow the Health Department to hire Ms. Witmer as a Nurse Practitioner at Grade 156, Step G for the Reproductive Health Program, as requested.

Motion carried 3 - 0.

11. WORKSESSION:

-- Review of Conceptual Schematic Plan for Loveland Building: Mr. Lancaster presented and reviewed a map of the conceptual schematic plan for the Loveland Building; he noted that the current plan is to have a single building to be shared with the City of Loveland. Questions from the Board and discussion followed; Commissioner Disney stated he would like to see the pros and cons of options of building one building together or building two separate buildings with a shared campus.

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

12. COMMISSIONER REPORTS:

-- Commissioner Clarke noted that by March 31, 1998, the Board is to submit suggestions to the State Land Board of the properties they would like included in the 10% exemption of land which is to be protected. As the Board needs to have input on the land to be preserved, Commissioner Clarke strongly recommended that the 640 acres by Fossil Creek Reservoir be given high priority status; he noted that another area to consider for preservation is at the mouth of Poudre Canyon, a section currently used for grazing.

At this time, County Attorney George Hass and Director of Parks Greg Pickett joined the meeting for Legal Matters.

13. LEGAL MATTERS:

Mr. Hass informed the Board that he received a complaint from the American Athesists about a cross erected at Horsetooth Reservoir; he noted that they made an implied threat to file suit if Larimer County does not do something about removing the cross. Mr. Hass stated that the County has four options: 1) Do nothing; 2) Invite the athesists to remove the cross; 3) Modify it by making it a "T" or "+" sign; or 4) Remove it. Mr. Hass stated that the cross was erected as a memorial by a family for a family member who died in a fall at Horsetooth Rock; he noted that no public funds were expended in erecting the cross and the County is not responsible for its maintenance. Mr. Hass stated that, in his view, the County is not violating anyone's Constitutional rights by allowing the cross to be there and statutorily, memorials are allowed on County property. Questions from the Board and discussion followed; Commissioner Disney stated that, in his opinion, some public benefit is derived from the memorial, as it is a reminder that accidents do happen and reinforces the need for being careful. Mr. Pickett suggested that we try and contact the family, who reportedly does not live in this area any more, about altering the symbol or removing it and erecting something else that would commemorate the loss of life, but is not a religious symbol.

The meeting recessed at 10:40 a.m.

MEETING TO DISCUSS 1997 ACCOMPLISHMENTS

OF THE OPEN LANDS BOARD

(#286)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Greg Pickett, Director of Parks, and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

-- Review of Accomplishments of Open Lands Advisory Board in 1997: Ms. Cameron thanked Commissioner Clarke for serving as liaision to the Open Lands Advisory Board and welcomed Chair Olson as the new liaision. Ms. Cameron submitted and reviewed all the accomplishments of the Open Lands Program in 1997; she noted that the two-page list was prepared to give the Open Lands Board, which is a very efficient and effective Board, an indication of how much they did accomplish last year. Ms. Cameron stated that one of the goals of the Open Lands Board is to give two educational programs a year; she noted that they did the Agricultural Land Protection Forum in February and in November sponsored a workshop with landowners to discuss the pros and cons of donating conservation easements. The Board complimented Ms. Cameron on the first Open Lands Annual Report, noting that it is a very classey publication and very well done and they suggested she not change the format next year. Chair Disney noted that one omission on the list was the tour which Ms. Cameron provided for the Commissioners; he noted that the tour was very enlightening and the Board would like to have another tour this year.

-- Discussion of Nomination for Stewardship Trust: With regard to the land south of the Fossil Creek Reservoir that the Board is interested in nominating for the Stewardship Trust, which is the 10% exemption of land to be protected, Ms. Cameron stated that the Open Lands Advisory Board is also very interested in this land and they have appointed a subcommittee to identify lands which they think are worthy of nomination. Ms. Cameron stated that 300,000 acres Statewide will be placed in the Trust Fund and will be managed taking the natural values into consideration; she noted that the lands can still be leased for mining, grazing, agriculture, etc. but the subcommittee will be looking at them for compatibility with the long-term viability of the environment. Ms. Cameron stated that the land south of Fossil Creek is being evaluated with the City of Fort Collins and the Open Lands Advisory Board; she noted, however, that there is already a land exchange proposal on the table for that piece of land, which would be in public ownership.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 2:25 p.m. to discuss potential land acquisitions.

Motion carried 3 - 0.

The Executive Session ended at 2:59 p.m.; no action taken.

LAND-USE PLANNING MEETING

(#286 @ 1000)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Keith Schuett, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Disney noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Schuett submitted two new conditions based on additional correspondence and comments from the Engineering and Health Departments; he noted these two conditions were reviewed and agreed to by the applicant.

1. TWIN PINES/MILL BROTHERS SPECIAL REVIEW (#97-ZR1065):

NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 68

WEST, SOUTH OF AND ADJACENT TO COUNTY ROAD 38, AND

EAST OF AND ADJACENT TO COUNTY ROAD 3 (6125 EAST

HARMONY ROAD); 149.23 ACRES; FA-1 FARMING ZONING

This is a request for Special Review and a Site Specific Development Plan to construct and operate a landscape/nursery business and associated uses in the FA-1 Farming Zone District. Staff findings include: 1) The proposal is in compliance with the intent and purposes of the Comprehensive Zoning Resolution. The Zoning Resolution identifies nurseries and similar uses as uses allowed by Special Review in the FA-1 Farming Zoned District; 2) The proposal complies with the intent and purposes of the Comprehensive Master Plan. The applicant has demonstrated the ability to provide adequate services and demonstrated that the proposed intensity of the use is appropriate to the location. The proposed development is retaining the open rural character of the area and avoids hazard areas to the greatest extent possible; 3) With the attached conditions and standards, the proposal will have the least effect on the surrounding area; 4) The proposal will not impair the public health, welfare, prosperity, and safety of the area by not creating undesirable traffic congestion, unreasonable sanitary conditions, over burdening of utilities, or any unforeseen environmental influences in this area.

The Planning Commission/Staff recommendation is for approval of the Twin Pines/Mill Brothers Special Review, with the following conditions: 1) Development and uses within the Special Review area shall be limited to only those uses described in the application materials, and shown on the application site plan, except as modified by the following conditions: 2) Prior to the issuance of permits for Phase One development, the following shall be submitted: a) A detailed plan for cleaning up oily waste, stained soil on the west property line adjacent to the irrigation ditch and any other oily waste stain material on site, and shall be approved by the Larimer County Health Department; b) Detailed plans for fire hydrants shall be approved by Poudre Fire Authority. In the event that fire flows cannot be provided to supply the fire hydrants, buildings shall be fire sprinklered. Detailed plans for fire hydrants or sprinklering of buildings shall be approved by Poudre Fire Authority; c) A document shall be recorded with the Larimer County Clerk and Recorder that will dedicate an additional twenty feet of right of way for County Road 38. The existing right-of-way is 30 feet from the centerline, and will be 50 feet with this the additional 20 feet dedicated; d) Design of the right turn lane on County Road 38 shall be approved by the Larimer County Engineering Department staff. Along with the design of the right turn lane on County Road 38, the applicant shall commit to the construction of this improvement prior to the issuance of any Certificate of Occupancy on site; e) A final drainage report shall be approved by the Larimer County Engineering Department staff; f) An access permit for the irrigation ditch road entering onto County Road 38 shall be approved by the Larimer County Engineering Department staff; g) The plat map shall be amended to show a 15-foot ditch easement adjacent to County Road 3 right-of-way for the existing dirt ditch that serves other down stream users; h) The plan shall be amended to show the location of the sewer system in relation to the landscape placement; trees or shrubs shall neither be planted over the absorption system nor in close proximity to avoid roots from interfering with its operation; i) A copy of the detail parking lot subgrade preparation and material thickness approved by the Larimer County Engineering Department shall be included with the final approved engineering plans submitted to the Larimer County Planning Department; 3) Prior to the issuance of any permits or commencing any site development for Phase Two, a detailed site plan and the additional information requested must be submitted and approved by the Larimer County Engineering Department, Larimer County Health Department, and the Larimer County Planning Department. The site plan and additional information shall include, but shall not be limited to, detailed information on the following: a) Traffic impact report which shall include plans for any necessary road improvements; b) Preliminary and final drainage reports and plans; c) Detailed site plan including, but not limited to, information on landscaping, signs, lighting, parking area including minimum projected traffic, cross section of proposed surfacing material, and details of sub-grade preparation (compaction, optimum water content, etc.); d) Expected client/patron usage regarding needed capacity for potable water use, parking, on-site sewage, and restroom facilities; e) Detailed soils report for suitability of the design and location for the proposed on-site sewer system; f) Final architectural information on the structures proposed for Phase Two. This shall reflect that that the structures do not exceed one story and the plans shall include information such as the amount of glass, greenhouses, etc.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Twin Pines/Mill Brothers Special Review (#97-ZR1065), with the conditions as outlined.

Motion carried 3 - 0.

The hearing adjourned at 3:05 p.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