PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, SEPTEMBER 5, 1995

STANDING MEETING WITH REX SMITH

DIRECTOR OF PUBLIC WORKS

(#354)

The Board of County Commissioners met in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Janelle Henderson, Natural Resources Director; Elaine Spencer, Engineering Services Manager; Loyd Berry, Larimer County Agronomist, and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Solid Waste Concerns from the City of Loveland: Mr. Smith stated this item is a continuation of a discussion that occurred during a meeting the Commissioners had with City of Loveland representatives. Ms. Henderson reviewed an article regarding the operation of the recycling center at the landfill, as well as the ordinance governing the licensing of commercial trash haulers. Mr. Lancaster briefed the Board with respect to how the contract with Crinc came into existence. Mr. Don Greenfield, a representative with Waste Management, stated that the contract to purchase Crinc has been finalized as of August 31 and that the investigation has been completed with respect to anti-trust laws. Discussion ensued regarding the importance of communication, the goals of Waste Management with the recycling center and the concerns and issues raised at the meeting between the City of Loveland and the Commissioners. Ms. Henderson reviewed a complaint filed by the City of Loveland involving Waste Management, stating she did issue a citation to Waste Management for not following the fee schedule originally submitted. Discussion continued with respect to the ordinance. Ms. Henderson expressed her willingness in working with Waste Management regarding customer service issues.

2. County Road 38 and County Road 23 Public Relations: Mr. Smith asked the Commissioners if they had any questions or concerns they wished to discuss concerning County Road 38 and County Road 23. Chair Disney referred to a letter he had received from Ms. Drahota, citing concerns with communication regarding the status of these projects. Mr. Smith stated that there are numerous concerns that he is unable to address in Ms. Drahota's letter. In response to Ms. Drahota's concern regarding communication, Mr. Smith has instructed his staff to set up an information line, which will be updated daily, where people can call in to find out what is occurring with road projects throughout the County.

3. Intersection CR 70 and 15: Mr. Smith addressed safety issues pertaining to the intersection of County Road 70 and 15. It was reported that there has only been one accident since the Public Works Department re-signed the intersection and that the trees blocking the stop sign have been pruned back to the right of way to allow increased visibility.

4. County Road 13, County Road 30 to County Road 32 - condition concerns: Mr. Smith reported that County Road 13 will be treated this year and will be double chip sealed next year. Mr. Smith briefly reviewed other road conditions.

5. Carriage Hills/Pinewood Springs Improvements: Mr. Smith stated he is working on issues relative to maintaining subdivision roads. Mr. Smith also reported that they will not be doing any more work in Carriage Hills until recent issues raised are settled with the homeowners association for Carriage Hills.

6. Richards Lake PUD - Offsite road impacts: Commissioner Duvall inquired as to the progress on the intergovernmental agreement which addresses off-site road paving and routing of traffic. A brief discussion ensued regarding this topic.

At this time Chair Disney and Commissioner Clarke excused themselves to attend the Land-Use Planning Meeting.

7. Weed Control Issues: Commissioner Duvall summarized some of the complaints she has received and asked Mr. Berry to address these concerns. Mr. Berry responded to Commissioner Duvall's questions, explaining how the Larimer County Weed District conducts business and responds to complaints. Mr. Barry reported he will be emphasizing education and briefly outlined his plans to education the public regarding weed control.

The meeting adjourned at 3:20 p.m.

LAND-USE PLANNING MEETING

(#358)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with John Barnett, Director of Planning. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent due to a previous commitment. Also present were: Rob Helmick, Planner II; Jerry White, Zoning Administrator; Harry Lynam, Engineering; Jerry Blehm, Director Environmental Health; Doug Ryan Environmental Planner; and Assistant County Attorney Jeannine Haag. Recording Clerk, S. 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.

1. HEATH MINOR RESIDENTIAL DEVELOPMENT (#95-EX0649):

SE 1/4 36-08-69; SOUTH SIDE OF COUNTY ROAD 50E (COUNTRY

CLUB ROAD), WEST OF COUNTY ROAD 13 (LEMAY AVENUE);

2.98 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide 3 acres into 2 lots of 1.7 and 1.2 acres for single family dwellings. Mr. Helmick described the proposal. Staff Findings include: 1) This proposed Minor Residential Development meets all the requirements of the Larimer County Zoning and Subdivision Resolutions; 2) This proposed Minor Residential Development doesn't meet the requirements of the Land Use Plan, but is being developed in accordance with the existing land use pattern; 3) The Larimer County Health Department and Engineering Department and other reviewing agencies have reviewed this proposal and have offered no objection as long as certain conditions are met; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing or future residents.

The staff recommendation is for approval of the Heath Minor Residential Development, with the following conditions: A) Four feet of additional right-of-way for County Road 50E shall be dedicated on the Plat; B) The following notes shall be placed on the Final Plat: 1) Uses on this property are limited to single family residential and accessory uses; 2) All utilities must be underground; 3) Engineered footings and foundations are required; 4) Radon testing is required prior to Certificate of Occupancy on new residential structures; 5) Urban Growth Area park fees are required for Lot 2; 6) Urban Growth Area road fee of $700 is required for Lot 2; 7) A drainage fee for the Dry Creek Basin must be calculated and paid for Lot 2 at the time of requesting a building permit; 8) If any new residential structure is not located within 400 feet of a fire hydrant, and capable of producing 1000 GPM with 20 psi residual pressure, then an approved residential sprinkler system will be required.

M O T I O N

Commissioner Clarke moved that the Board adopt the staff recommendation and approve the Heath Minor Residential Development (#95-EX0649), with the conditions as outlined.

Motion carried 2 - 0.

2. COLORADO LIEN WEAVER QUARRY REVIEW (#Z-7-91):

NE 18-09-69; TEN MILES NORTH OF LAPORTE AND ONE MILE

EAST OF HIGHWAY 287; O-OPEN ZONING

This is a request for approval of conditions for mining on a Federal Mining Claims area. Mr. White stated that the hearing today is not for special review but for discussion of the conditions being recommended for the quarry operation; he noted that in 1991 Colorado Lien requested expansion of the quarry and the request was denied. This decision was appealed through the court system and the Colorado Court of Appeals ruled that local governments could not deny a proposal to mine on areas which were Federal mining claims, but could impose reasonable conditions. Mr. White submitted aerial photos taken of the quarry site in 1991 and again in 1994 showing the reclamation which has taken place during those three years. The staff recommendation is for the Board of County Commissioners to adopt the following conditions for the mining and reclamation of the Weaver Quarry, where Federal mining claims exist: 1) Compliance with all terms and conditions of the emissions permits issued by the Colorado Department of Health; 2) Mining and reclamation shall occur concurrently, and shall occur in a manner that minimizes visual impact to the greatest extent possible; 3) Mining which occurs in Section 7-9-69; shall be consistent with the plan approved by the Board of County Commissioners on September 23, 1991, and those changes authorized by the letter from the Larimer County Planning Director dated November 24, 1993; 4) All truck traffic shall utilize County Road 72 west of the entrance to the quarry and Highway 287; 5) Colorado Lien agrees to the following maintenance of County Road 72 from the quarry entrance west to Highway 287: Chemical dust control shall be applied at least twice per year, and up to four times per year, as required by the County Engineering Department. Colorado Lien shall coordinate grading of the road, up to four times per year, in conjunction with the chemical applications, as required by County Engineering.

Craig Grotenhouse, attorney for Colorado Lien, stated that his client consents to the five conditions as recommended by staff and he informed the Board that the mining operation will not change from what is occurring now, only the boundary area is changing. Dawn Gable suggested the possibility that the materials generated from excavation could be used for construction of the Northern Colorado Bypass connecting CR 72 Road to I-25, thereby eliminating the need for reclamation in this area. Marsha Heinrich asked if there is any direction the property owners in Bonner Peak could take if there is a problem with their wells or if the readings which have been taken on their property with regard to blasting should change. Ms. Haag responded that it would depend on the law--if you are being damaged by some activity being carried on by Colorado Lien, the remedies would depend on whether any laws are being violated and whether there is any negligence on their part; Ms. Haag advised Ms. Heinrich to see an attorney to determine what remedies are available. Ms. Heinrich also asked if the property owners need to obtain a statement indicating the current condition of the wells; Ms. Haag responded affirmatively, it would be wise to have a baseline to show if a change has taken place. Chair Disney advised that Bonner Peak is in a very different rock strata than the Weaver Quarry so it is highly unlikely there will be any change; also to respond to Ms. Gable's suggestion, he noted that the State isn't in any position fiscally to build any new highway systems and he doesn't expect that bypass to be constructed any time soon. Mr. Barnett described the difference in elevations between the Weaver Quarry and the projected route for the Northern Colorado Bypass and he noted it would not be wise to plan to use the quarry as a part of the route. Discussion among the Board followed; Chair Disney expressed appreciation to Colorado Lien for the good job of reclamation they have done, as evidenced by the pictures presented.

M O T I O N

Commissioner Clarke moved that the Board adopt the staff recommendation and approve the Colorado Lien Weaver Quarry Review, with the five conditions as outlined.

Motion carried 2 - 0.

The meeting adjourned at 3:35 p.m.

WEDNESDAY, SEPTEMBER 6, 1995

ADMINISTRATIVE MATTERS

(#359 & 360)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Bob Holt, Fairgrounds Manager; Brent Nittmann, Youth Services Bureau Program Manager; Jill Bennett, Comprehensive Planner; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Kathleen Kilkelly, who appeared before the Board on August 9, 1995 to discuss concerns regarding the Hoffman PUD being approved in the UGA and near her residence on Iverness Street, came before the Board today to ask about the meeting the Board had recently with the City of Fort Collins and their discussion of this matter. Ms. Kilkelly asked if there were minutes available from that meeting and how they could be obtained. Chair Disney informed Ms. Kilkelly that there are no minutes from that meeting because it was a worksession; however, he noted they did discuss the Hoffman PUD and the Board's concern regarding the impact on the county roads to the subdivision. Ms. Kilkelly stated their northeast neighborhood coalition has been meeting for the past 5 weeks with the designer and developer of the Hoffman PUD and a southeast entrance/exit is being proposed through the Richards Lake Master Plan. Ms. Kilkelly stated that the neighborhood feels they have fallen between the cracks because they are in the UGA; consequently, they are making a concerted effort to bridge that gap by meeting with the County and the City at every opportunity. Ms. Kilkelly asked if there is a process for revising the boundaries of the UGA as the residents in her neighborhood feel that growth in an urban density should not intrude into their area and they think the UGA should end south of their neighborhood; Chair Disney advised Ms. Kilkelly that they can't change the rules when a proposal is on the table.

Nord Zeidner, who appeared before the Board on August 16, 1995 to discuss the same problem as above, asked the Board about the IGA under Section 2.14 and noted there is a provision for a joint staff report that covers a bi-annual review of that agreement. Mr. Zeidner talked to the Chief Planner Russ Legg about obtaining copies of those reports; the Board requested Mr. Lancaster to investigate the whereabouts of these reports and report back to Mr. Zeidner.

2. DISCUSSION OF TERM LIMITS FOR FAIR BOARD: Mr. Holt requested clarification from the Board on procedure regarding the two-term limit for Board members for the Larimer County Fair Board. Mr. Holt explained that the new ruling of a two-term limit has only affected two people and has resulted in a real loss for the Fair Board. Mr. Holt would like to have a procedure to waive the term limit for the Fair Board because if they are a working member and they desire to continue to work and be diligent in their task for the Fair, it is ludicrous to give them their walking papers after two terms. Discussion among the Board followed and they noted they are supportive of the term limits, but they are willing to make exceptions and possibly the interview for a second term could be waived. The Board expressed appreciation to Mr. Holt for another great fair; Mr. Holt noted that over 90,000 people attended the fair this year.

3. REQUEST FOR FUNDING FOR EMPLOYEE DIVERSITY SURVEY: Mr. Nittmann requested Board approval of funds in the amount of $1,159.84 for printing and mail room costs associated with the production and distribution of the Employee Diversity Survey for Larimer County to date; he stated that the costs for the analysis portion are not available at this time and it was noted that the City of Fort Collins will also be paying their proportionate share for printing, mail room costs, and the analysis.

Mr. Nittmann informed the Board that Bill Piller from the Sheriff's Department has resigned his appointment to the Multi-Cultural Commission; and he noted that the Multicultural Commission will host an informational summit on November 9, 1995 at the new Fort Collins High School at 7 p.m.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve funding of $1,159.84 for printing and mail room costs for the Larimer County Employee Diversity Survey, funds to be derived from the Commissioners Special Projects Fund.

Motion carried 3 - 0.

4. HEALTH AND HUMAN SERVICES RESTRUCTURING: Carol Plock and Olivia Miller from the Health and Human Services Restructuring Committee requested the Board of County Commissioners to enter into a financial partnership, in an amount between $5,000 and $15,000, to fund the HHS Restructuring Committee's Assessment of the delivery of health and human services in Larimer County. Ms. Plock reminded the Board that in May of 1994, HB 94-1005 was passed requiring local communities to create a process for the assessment of, and the planning for, restructuring of local service delivery of health and human services. Discussion and questions from the Board followed; it was noted that the raw data collected from this survey could possibly be used in the external survey of the strategic plan. The suggestion was made to ask the HHS departments in the county to use monies from their fund balances as the source of funding for this financial partnership.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the expenditure of $10,000 to enter into a financial partnership to fund the HHS Restructuring Committee Assessment Survey; monies to be derived from the fund balances of the HHS departments in Larimer County.

Motion carried 3 - 0.

5. ASSIGNMENT OF PRIVATE ACTIVITY BOND ALLOCATION: Mr. Lancaster requested Board approval to enter into an agreement, with either the City of Pueblo for a mortgage certificate program for first time home buyers in Larimer County or the Colorado Housing and Financing Authority (CHAFA) for low income housing in Larimer County, to use Larimer County's unallocated private activity bond allocation of $859,000 for this year. Mr. Lancaster reminded the Board that each year the State allocates a finite amount of private bonding activity to each county in the state; this bonding ability allows private entities to issue tax exempt bonds for limited private activities and often are used for economic development or for low or moderate income housing mortgages and there is no financial risk to Larimer County. Mr. Lancaster stated that if this allocation is not used by the County by September 15th of each year, it reverts back to the State; discussion of the various options followed.

M O T I O N

Commissioner Duvall moved that the Board authorize the County Manager to enter into an agreement to assign Larimer County's available private activity bond allocation of $859,000 to the Colorado Housing and Financing Authority.

Motion carried 3 - 0.

6. REVIEW OF DRAFT RESOLUTION ON GIS AND MAPPING SERVICES: Mr. Lancaster presented a draft of the Resolution Concerning the Organizational Structure of Geographic Information System (GIS) and Mapping Services for Larimer County and requested input and comments from the Board before the draft is sent out to elected officials. The resolution states that all County GIS and mapping shall be centralized as an internal service department within the Information Management Division, and that current and future resources, including funding, equipment and personnel, from all County departments, for GIS and mapping services will be consolidated in this GIS and mapping department. Ms. Bennett stated that it is the opinion of the Planning Department that this will stop the work currently being done on the Partnership Land Use System (PLUS). It was noted by the Board that the purpose of this resolution is to determine priorities and definitely was not brought about because of any dissatisfaction with the work currently being done on PLUS -- the purpose of the resolution was to provide better GIS services, better coordination, and prevent duplication of services. Much discussion followed.

7. REQUEST FOR NAME CHANGE FOR THE PLACEMENT ALTERNATIVES COMMISSION: The Board was requested to adopt a Resolution to change the name of the Placement Alternatives Commission to the Family Preservation Commission, to be consistent with the Colorado State Department's name change.

M O T I O N

Commissioner Clarke moved that the Board adopt a Resolution to change the name of the Placement Alternatives Commission to the Family Preservation Commission.

Motion carried 3 - 0.

R95-126g RESOLUTION TO CHANGE THE NAME OF THE LARIMER

COUNTY PLACEMENT ALTERNATIVES COMMISSION TO

THE LARIMER COUNTY FAMILY PRESERVATION

COMMISSION

8. WORKSESSION:

-- Items for Next Weeks Standing Meetings and Policy Worksession: Mr. Lancaster reviewed the agenda items for next week's Human Resources and Community Corrections Standing Meetings and for tomorrow's Policy Worksession and asked the Board if they had additional items to include; the Board offered suggestions and the agendas were revised accordingly.

-- Invitation for Board Member to Offer Comments at Multicultural Commission on November 9, 1995: Mr. Lancaster stated that Mr. Nittmann has issued an invitation for one Commissioner to speak at the Multicultural Commission on November 9, 1995; Commissioner Duvall accepted the invitation to speak.

-- Letterhead: Mr. Lancaster submitted a sample of letterhead stationery with the new county logo and requested feedback from the Board; the Board offered their comments and suggestions.

-- Request to Speak at ARMS Conference: Mr. Lancaster noted that Diana Morton has invited a Commissioner to speak at the National ARMS Conference on September 18, 1995 at 9:00 a.m.; Commissioner Clarke accepted this invitation.

-- Department Head Meeting: Mr. Lancaster asked if one Commissioner will attend the Department Head Meeting this Friday, September 8, 1995, and discuss travel demand management (TDM); Chair Disney agreed to do this and also will talk about the importance of upper-management involvement in the United Way Campaign.

-- Six-Month Evaluation of Ginny Riley: Mr. Lancaster reminded the Board that Ginny Riley, Director of Human Development, has been with the county for six months; he will have recommendations for re-evaluation and salary adjustment for the Board to consider soon.

Appointed Official's Evaluations: Mr. Lancaster stated that when the Board started doing the appointed official's evaluations, they were being done in June; however, he recommends it would be better to do them in the Fall in order for them to be considered during salary discussions. Mr. Lancaster stated that to get these evaluations on track, they will need to do a six-month or eighteen-month cycle and he asked what the Board preferred; the Board concurred these evaluations need to be completed before the 1996 budget discussions.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of August 28, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Schedule for the week of September 11, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following documents as listed on the Consent Agenda for Document Review on September 6, 1995.

MISCELLANEOUS DOCUMENT: Amended Plat for Koral Heights. LIQUOR LICENSES: A License was issued for the Charco Broiler, Inc. - 6% - WITH EXTENDED HOURS - Fort Collins, CO. County Approval was granted to Larry's Southwest Liquor - 6% - Loveland, CO., and the Dunraven Inn - 6% - Estes Park, CO.

A95-102 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 72 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WEAVER RANCH, INC.


A95-103 DEPARTMENT OF HUMAN DEVELOPMENT OFFICE ON AGING

AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HELPLINE, INC. (1995 I & R Services)

A95-104 COLORADO COMMUNITY COLLEGE AND OCCUPATIONAL

EDUCATION SYSTEM (CCCOES) AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY

EMPLOYMENT AND TRAINING SERVICES, AND THE STATE

BOARD FOR COLORADO COMMUNITY COLLEGE AND

OCCUPATIONAL EDUCATION SYSTEM (Provision of Title IIA

Classroom Training Vouchers)

C95-48 CONTRACT TO PURCHASE CHILD PLACEMENT AGENCY

SERVICES BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE JACOB FAMILY SERVICES, INC.

C95-49 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE NATIONAL CONSTRUCTION

COMPANY, INC. OF BOULDER, COLORADO (Realignment of

County Road 77 at Campbell Creek - Project #77)

R95-127s RESOLUTION REGARDING THE RELEASE OF RESTRICTION

ON SALE OF LOTS FOR CONNOUR MINOR RESIDENTIAL

DEVELOPMENT

Motion carried 3 - 0.

10. LEGAL MATTERS:

At this time, County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

1. Opinion on GIS and Mapping Resolution: In response to the E-Mail the Board sent Mr. Hass last week concerning the proposed GIS and Mapping Resolution regarding limitations on allocating resources from another elected official, he thinks the resolution is fine as written; Mr. Hass will send a memo to the Board outlining his opinion in writing regarding this matter.

2. Update on the Proposed PUD Regulations: Ms. Haag provided an update on the proposed PUD regulations, submitted copies of same, and requested direction from the Board. Ms. Haag noted that the technical requirements are blank and will be filled in by the Planning, Engineering and Health Departments. Ms. Haag stated that the submitted copy is an outline and is an improvement over what the county has currently. Discussion followed; CONSENSUS OF THE BOARD was to move forward with the proposed PUD regulations and direct the Planning Department to fill in the blanks and the Board would like this accomplished within two weeks time.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 11:55 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Board came out of Executive Session at 12:00 noon; no action taken.

LIQUOR LICENSE HEARING FOR

END OF THE TRAIL SALOON

(#357 & 361)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with George Hass, County Attorney. Chair Disney presided; Commissioners Clarke and Duvall were present. Recording Clerk, A. Jensen.

As a Court Reporter was present for today's hearing, the following is a summary of today's proceedings; if desired, a full transcipt of today's hearing may be obtained by contacting the Court Reporter.

Chair Disney opened the meeting by stating that this hearing is a continuation from last week August 30, 1995, to hear testimony regarding the End of the Trail Saloon liquor license. Chair Disney introduced the Commissioners and then turned the meeting over to George Hass, County Attorney.

Greg White, the prosecuting attorney, approached the podium to request time later in the hearing for testimony from a witness that was testifying elsewhere. Mr. White's request was granted. The meeting was then turned over to Rusty Nichols, attorney representing liquor licensee Edith Moynier.

Mr. Nichols made a brief opening statement and submitted a statement to the Commissioners, supporting Ms. Moynier retention of her liquor license. Mr. Nichols continued his discussion with a detailed explanation of the statement submitted and posted a chart outlining the calls logged by the Larimer County Sheriff's Department regarding responses to the End of the Trail Saloon. The meeting was then opened to testimony from witnesses in support of renewing Ms. Moynier's liquor license. Mr. Gary Eugene Huff, Mr. Ed Standard, Mr. Rich Miller, Mr. Shane Copper, Mr. Tom Faver, Ms. Gwen Einertson, Mr. Jason Friend, Ms. Linda Arms and Mr. Charles Shepard all approached the podium in turn and were sworn in by Chair Disney. All the witnesses testified to their patronage of the establishment, the atmosphere of the establishment, that the needs of the neighborhood were being met, none had witnessed problems with noise or violence at the establishment, and that the traffic concerns raised by individuals opposed to renewal of this liquor license were due to development of the residential area surrounding the End of the Trail Saloon. None of the aforementioned witnesses were cross-examined.

Bonnie Cito approached the podium and was sworn in by Chair Disney. Ms. Cito testified to Ms. Moynier's character and her desire to run the bar correctly. Ms. Cito noted she does not patronize the bar and that she is familiar with the principles of bar management. Mr. White cross-examined Ms. Cito. Mr. Nichols submitted exhibit 1, an unsolicited letter from Mr. C.L. Miller voicing his support of Ms. Moynier's continued operation.

Mr. Buddy Stockwell was called to the podium to answer questions regarding exhibit 1 and continued with his testimony with respect to his association with the End of the Trail Saloon, answering detailed questions about the disturbance at the End of the Trail Saloon on May 21, 1995. Specific questions were asked of Mr. Stockwell by Mr. Nichols, Mr. White, Commissioner Clarke, and Chair Disney in relation to this disturbance and the events leading up to it.

Ms. Lisa McKee was called to testify and was sworn in by Chair Disney. Ms. McKee stated she has worked on a part-time basis as a bartender for Ms. Moynier and gave extensive testimony with respect to the incidence on May 21, 1995. Mr. White cross-examined Ms. McKee.

Ms. Moynier was then called to testify on her behalf and answer questions posed by Mr. Nichols and Chair Disney regarding the operation of the End of the Trail Saloon. Mr. Nichols submitted exhibits 2, 3, and 4. Mr. White cross examined Ms. Moynier in depth. Upon completion of cross examination, Mr. White stated that Trooper Lincoln was not available to testify. Mr. Hass asked if there was anyone else who wished to speak for or against the renewal of the liquor license for the End of the Trail Saloon. The hearing was then closed to further testimony

Chair Disney called for a five minute recess in the proceedings.

Closing statements were given by Mr. White and Mr. Nichols. Both attorney's briefly reviewed information and testimony submitted in today's hearing, as well as the hearing held August 30, 1995.

The hearing was once again closed to further testimony.

Chair Disney solicited Mr. Hass's advice regarding options available to the Commissioners. Mr. Hass stated that the Commissioners can: renew the license, conditionally or unconditionally or deny renewal of the license for the End of the Trail Saloon. Discussion ensued with respect to what would be appropriate conditions to attach to renewal, if renewal was granted.

At this time Chair Disney, Commissioners Clarke and Duvall stated their reasons for denying the renewal of the End of the Trail Saloon's liquor license.

Mr. Nichols once again addressed the Commissioners stating that by denying the renewal would be a punishment greater then the crime and proposed renewal of the license with specific conditions instead.

M O T I O N

Commissioner Clarke moved that the renewal for the End of the Trail Saloon's liquor license be denied.

Motion carried 3 - 0.

Mr. Hass stated he will compose a resolution for the Commissioners to sign.

The meeting adjourned at 4:20 p.m.



_______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


______________________________________

Sherry E. Graves, Deputy County Clerk


______________________________________

Aimee Jensen, Deputy County Clerk

September 6, 1995