PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 20, 1996

LAND-USE PLANNING MEETING

(#32)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rob Helmick, Planner II; Al Kadera, Subdivision Administrator; Carol Evans, Planner II; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke announced that Item #5, the Lockman Minor Residential Development Appeal (#96-EX087O), has been withdrawn at the request of the applicant.

Chair Clarke noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners of members of the audience.

1. NORTH POUDRE RESERVOIR #6 SPECIAL REVIEW (#95-ZR0747):

05, 06, 07 & 08-08-68 ON THE NORTH SIDE OF COUNTY ROAD 58/

COLORADO HIGHWAY 1, 1/2 MILE WEST OF COUNTY ROAD 9/

COLORADO HIGHWAY 1, AND 2 MILES SOUTH AND WEST OF

WELLINGTON; 8.04 ACRES; O-OPEN ZONING

This is a request for Special Review for a private boat club and RV campground at the North Poudre Irrigation Reservoir #6; club membership is limited to 50 members with 50 "campsites" proposed and the use season is April through October. Staff findings include: 1) The site is remote from any residences, screened by the dam from any traveled way, and with the hours of noise making limited, the request will be compatible with the surrounding area; 2) The Colorado Department of Transportation has issued an access permit for this site anticipating this use; the access drive gate is located well off the highway to allow vehicles to safely pull off the road; 3) The variance granted to the applicant for the required comfort station, and the commitments made for a dump station, water facilities, and the potable toilets assures that adequate sanitation facilities will be available for the users; 4) The Division of Wildlife and Army Corps of Engineers have reviewed the application and find no wetlands disturbance with the request; the limitation of operations from the northwest portion of the reservoir will mitigate the impact the water skiing uses will have on wildlife habitat influences; 5) The applicant has complied with virtually all standards and requirements, and has modified the application to respond to all agency comments; there will be no impairment to public health, safety and welfare.

The Planning Commission/Staff recommendation is for approval of the North Poudre Reservoir #6 campground and boat club, with the following conditions: 1) The applicant shall have the choice of either installing a public telephone for emergency use or requiring all leases to have an operational cell phone on site at all times; 2) Each camp site, the boat ramp, entry areas and potable toilet areas shall be landscaped and screened, as shown on the site plan, or as detailed in the supplemental information provided by the applicant; 3) 3) There shall be no motorized boating or water skiing activities in the restricted access area of the northwestern portion of the reservoir; 4) The applicant shall be required to have 2-20 pound class ABC fire extinguishers on site; 5) Emergency vehicle turnaround meeting the requirements of the PFA; 6) All revised plans and commitments of record, except as further revised by this report or action of the County, shall control the use and operation of the boat club/campground; 7) No recreational vehicle or campsite shall be occupied, except for recreational purposes; no residential uses are allowed.

2. BOXELDER CREEK ACRES PRELIMINARY PLAT TIME EXTENSION

(#93-SU0380): SE 1/4 03-07-68, 1/2 MILE EAST OF INTERSTATE 25 ON

THE NORTH SIDE OF COUNTY ROAD 48, SOUTHWEST OF THE

LARIMER AND WELD CANAL; 20.22 ACRES; 4 LOTS; FA-1 FARMING

ZONING

This is a request for a Preliminary Plat Time Extension request to divide 20.22 acres into 3 lots ranging from 4.25 acres to 10.96 acres for single family dwellings. The Preliminary Plat was approved by the Board of County Commissioners on June 17, 1994. Staff findings are: 1) The Preliminary Plat for Boxelder Creek Acres was conditionally approved on June 27, 1994; 2) Preliminary Plats are approved for one year; this request is to retroactively extend the approval so a Final Plat can be submitted; 3) There have not been any significant changes in the neighborhood or in the regulations since the Preliminary Plat was approved; 4) Adequate utilities and access are available to serve the site. The staff recommendation is for approval of an extension of the conditional approval of the Preliminary Plat for Boxelder Creek Acres until December 31, 1996, with all previous conditions of approval as listed in the Findings and Resolution signed on July 20, 1994.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the Planning Commission/Staff recommendations and approve the North Poudre Reservoir #6 Special Review (#95-ZR0747) and the Boxelder Creek Acres Preliminary Plat Time Extension (#93-SU0380); each, with the conditions as outlined.

Motion carried 3 - 0.

3. MAYO WELDING SPECIAL REVIEW (#Z-22-91): LOT 4, DOUBLE

DEB ACRES, 3555 SOUTH LINCOLN

This is a request to consider conditions of approval for a use requiring Special Review in the Commercial Zoning District. Mr. Kadera submitted pictures showing the height of the proposed fence on the site and reviewed the major concerns and issues; he reminded the Board that several months ago this item was heard by the Board and it was tabled until a neighborhood meeting could be held to try and resolve the neighbor's concerns. Mr. Kadera stated that the neighborhood meeting was held on March 18, 1996, facilitated by Neil Gluckman, Assistant County Manager, and was well attended; lots of discussion ensued and Mayo Welding proposed the construction of an eight-foot fence along their south property line to screen their area from the neighbors. Mr. Kadera noted that the fence plan was sent to all property owners in the area, along with an agreement submitted by Mayo Welding; several of the residents signed the agreement, while others deferred approval until they are assured the fence will provide an effective sight barrier. Mr. Kadera thanked everyone for their cooperation and noted that this was an interesting process and a lot was accomplished. Staff findings include: 1) The Mayo Welding Special Review was conditionally approved on January 13, 1992; 2) The Special Review approval included a condition that limited outside storage to the area west of the building; this condition is subject to interpretation and should be made more clear to the benefit of all parties involves; 3) A neighborhood meeting was held in March of 1996 to discuss the operation of Mayo Welding and the potential impacts on the residential uses in the area; 4) Mayo Welding has proposed to build an eight foot fence along their south property line and to store high profile items on the north end of the site; these conditions appear to provide an effective visual screen for the storage area as viewed from the residential area.

The staff recommendation is for approval of an Amended Special Review for Mayo Welding and Fabrication Shop with all previous conditions of approval, with the following additions and corrections: 1) Condition #1 shall be amended to allow outside storage in the area shown on the site plan dated January 12, 1991; this includes all the area on the site which is west of the west end of the building, extended to the north and south property lines. Storage of high profile items, such as trailers, trucks, and cranes shall be limited to the area north of the south line of the building extended to the west property line. The area noted as "Drainage and Detention Pond" can be used to store trucks and trailers; 2) Add Condition #4 to require construction of an eight foot fence along the south property line in the location shown on the plan and photographs; the fence shall be at an elevation shown on the plan submitted. Construction and maintenance of the fence shall be the responsibility of Mayo Welding and their successors in interest to this property. The fence shall be constructed within 90 days of this approval.

John Chilson, attorney representing Mayo Welding, noted that the neighborhood meeting was extremely amicable and as a result of the meeting, Mayo Welding did site, survey and stake the fence so the neighbors could see the location of the fence and its height. Mr. Chilson stated that the only issue remaining is the 90-day time period within which to build the fence; he noted that the fence is going to be fabricated, made of metal, and 8-ft. high and it will have to be anchored because of the high winds in this country. Mr. Chilson noted that the fence could not be ordered until the special review is approved and now the Mayos are beginning their busy construction time and they are asking for 180 days to construct the fence. Denise Wertsbaugh, Mayo Welding General Manager, stated that they currently have six major contracts that range from four months into the Fall. Ms. Wertsbaugh noted that the written agreement sent out to the neighbors stated that the fence would be constructed within 180 days; however, she advised the Board that the fence will be constructed earlier, if at all possible .

Mr. Chilson noted that they have proposed a written agreement with the County and he asked if this should be the official agreement or if a resolution will be written; Ms. Haag responded that the standard procedure is by resolution and the agreement is not necessary. Mr. Chilson requested that the final findings and resolution follow the provisions in the amendment agreement because it is factually based on all the negotiations which have taken place with staff and the neighbors. John Ladd, President of the Ross Estates Homeowners Association, informed the Board that he attended the neighborhood meeting and the residents of the subdivision felt that Mayo Welding is sincerely concerned and willing to work with them. Bob Squibb, adjacent property owner, asked Mike Mayo a question about the elevation of the fence and requested clarification that the fence will be earth tone. In the spirit of cooperation, Mr. Chilson offered a compromise of 150 days for construction of the fence.

Discussion and questions from the Board followed; the Board expressed their appreciation to Mayo Welding and the neighborhood for their efforts and cooperation in resolving this matter.

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 Amended Special Review for the Mayo Welding and Fabrication Shop (#Z-22-91), with all the previous conditions of approval and additions and corrections as listed above, with a change in the time for construction of the fence from 90 days to 150 days from the date of approval, and that the conditions listed in the Amendment Agreement be incorporated in the Findings and Resolution, as written by the County Attorney's Office.

Motion carried 3 - 0.

4. JONES MINOR RESIDENTIAL DEVELOPMENT (#95-EX0778)

NE 36-06-69, ON THE EAST SIDE OF COUNTY ROAD 13E

(NORTH MONROE AVENUE), 1/4 MILE SOUTH OF COUNTY ROAD

28 (57TH STREET); 1.52 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide a 1.5 acre parcel with one existing dwelling into two lots of 0.60 and 0.93 acres for single family residential use. Ms. Evans reminded the Board that this request was originally heard by the Board on April 15, 1996 and tabled at that time to allow staff to draft proposed findings and conditions for approval; she noted that staff is still recommending denial but has prepared the findings and conditions of approval, as requested. Ms. Evans stated that the applicant has indicated his agreement with the conditions and some of conditions have already been met; she also noted that when the April meeting was held, the City of Loveland had not yet adopted their Open Lands Plan, which calls for a development setback of 300' from the high water line, and that Plan still has not been adopted, but will soon be considered by the Loveland Planning Commission. The following are the original staff findings: 1) The proposed development appears to be consistent with the County's Land Use Plan, Zoning Resolution and the intent of the Subdivision Resolution as it pertains to Minor Residential Developments; 2) The subject property and other shoreline lots in the immediate area are long and narrow in configuration; existing development in the area is primarily residential uses on 1.5 to 2.5 acre lots; 3) The long narrow shape of this lot, along with the location of existing improvements, easements, and the shoreline of Horseshoe Lake, make it difficult to re-divide the property in a manner that is consistent with the existing character of the area. Individual re-division of the lots in this area does not take into account the cumulative effect on access/traffic, fire protection and utilities and does not address compatibility with existing development in the area or the potential for impacts to Horseshoe Lake; 4) The City of Loveland states that, in general, the proposal is consistent with the philosophy statements of the 1994 Comprehensive Master Plan; however, the City if concerned that splitting this lot into two smaller lots is inconsistent with the neighborhood and may encourage higher density; 5) The City of Loveland encourages setback or buffer areas along the shoreline of Horseshoe Lake, which it has identified as a highly rated natural area for overall wildlife habitat quality. The City is concerned that the new building site, located between the existing improvements and the shoreline, could have a negative impact on the shoreline and recommends limiting the square footage of impervious surfacing within the buffer area; 6) Given the existing conditions and character of this area, re-dividing the long narrow parcels in this area in a piecemeal manner would negatively impact the provision of looped utility services, transportation systems, and coordinated fire protection. Piecemeal re-division may also negatively impact the shoreline area of Horseshoe Lake because setback or buffer areas cannot be accommodated.

The following are the proposed findings for approval of the Jones MRD: 1) The proposed Jones MRD appears to be consistent with the County's Land Use Plan, Zoning Resolution, and the intent of the Subdivision Resolution as it pertains to Minor Residential Developments; 2) Urban-level development exists in the vicinity, in both unincorporated areas (County) and within city limits (Loveland); 3) The proposed new building site is at least 200' west of the high water line of Horseshoe Lake, providing some buffer area along the shoreline; 4) Approval of the proposed Jones MRD, with certain conditions, should not result in any significant negative impacts on provision of utilities, services or transportation, the natural environment or neighboring properties.

The following are the proposed conditions of approval of the Jones MRD: 1) A signed annexation agreement shall be submitted to the Planning Department and shall be recorded with the Final Plat; 2) These lots shall be served by public sewer. A letter of commitment from the City of Loveland to serve the lots with sewer shall be submitted prior to recording. The developer shall be responsible for construction of all services and mains, if needed, and shall be responsible for system impact fees as determined by the City; 3) A landscaping plan for the buffer area along the north boundary of the property shall be submitted and approved prior to Final Plat recording. The landscaping shall not utilize Russian Olive trees, but shall include native vegetation and coniferous trees, as recommended by the City of Loveland and the County Natural Resources Department; 4) The Final Plat shall designate a building envelope for Lot 1 that is located to the west of the sewer easement which crosses the property; 5) Additional right-of-way for County Road 13C to comprise a half right-of-way of 34' shall be dedicated on the Final Plat; 6) Shared access shall be provided for the lots; the access road shall be constructed of an all-weather surface with a minimum of 20' in width and shall provide an appropriate turnaround for emergency vehicles. Construction plans for the access road shall be submitted and approved by the County Engineering Department prior to any construction and prior to recording the Final Plat; 7) A road maintenance agreement which addresses the lot owners responsibility for maintenance of the access road shall be submitted for recording with the Final Plat; 8) The Plat shall show the high water line and any wetlands areas and note that any activities that require excavation or placement of dredged or fill material into Horseshoe Lake (below the ordinary high water mark) or into wetlands at this location shall require appropriate Department of the Army permits pursuant to Section 404 of the Clean Water Act. Such activities would include things such as boat ramp construction or any work near the lake shore that is at, below or near the ordinary high water mark; 9) All utilities shall be located underground; the Plat shall show all easements and rights-of-way of record and as requested by utility providers; 10) School fees and recording fees shall be paid by the applicant prior to recording the Final Plat; 11) All improvements required for this development shall be the responsibility of the applicant. The applicant may choose to install all improvements and have them inspected and approved prior to recording the Final Plat or the applicant may submit a subdivision improvements agreement and appropriate collateral to insure installation of improvements; 12) In addition to plat notes stated above, the following notes shall be placed on the Final Plat: a) Engineered footing and foundation plans shall be required for all construction on these lots; b) Radon test results shall be submitted to the Planning Department prior to issuance of a Certificate of Occupancy for new dwellings constructed on these lots; c) Larimer County Park fees for the Loveland Urban Growth Area shall be paid at building permit issuance for the dwelling on Lot 1; d) The Loveland Rural Fire Protection District highly recommends use of residential fire sprinkler systems in dwellings on these lots because the property lies outside their standard response area; e) Property owners should be aware that there is a sewage lift station with auxiliary diesel power located adjacent to this property; noise and fumes from the lift station are to be expected during times of emergencies or power outage; f) Motorboat activity on Horseshoe Lake does produce noise; the source of this noise should be considered when designing a dwelling for Lot 1; g) Horseshoe Lake may be a source of odors and insects during various times of the year. Mosquitoes may present a significant nuisance; Larimer County does not have a mosquito control program so any spraying or other control is the responsibility of the property owners. This property is located in an area where there are existing agricultural uses nearby that may result in odors, noise and dust. Larimer County will not take action to stop or hinder legal agricultural uses in this area; 13) All conditions of approval shall be completed and the Final Plat recorded prior to November 20, 1996, or this approval shall be null and void.

William Jones, applicant, thanked the Board for delaying consideration of this request until today and he submitted a letter listing the 11 conditions with which they have agreed; he noted they intend to put in a black top road and not touch the easement on the right side towards the lake--it will be a natural growth easement.

Discussion and questions from the Board followed; Commissioner Disney stated that, as this proposal is consistent with the County's Land-Use Plan, Zoning Resolution and the intent of the Subdivision Resolution as it pertains to Minor Residential Developments and with the 1994 Comprehensive Plan of the City of Loveland, he has trouble denying this request. Commissioner Duvall stated that the Board has directed staff that unless a situation exists whereby there is something unique about the lot itself or there is some public benefit, county policy is that the Board will not allow MRD developments; if this proposal is approved, we will be making an exemption for financial benefit. Chair Clarke noted that he visited the site and observed that there is intense development going on to the west of this property, to the north and west there is a mobile home community, and a major subdivision is going in adjacent to this property; in addition, the other properties along the lake have been developed in the same manner as this lot is being proposed.

M O T I O N

Commissioner Disney moved that the Board adopt the staff findings and staff recommendation and approve the Jones Minor Residential Development (#95-EX0778), with the conditions of approval as outlined by staff and the conditions as listed in the letter submitted by Mr. William O. Jones.

Motion carried 2 - 1; Commissioner Duvall dissenting.

The meeting adjourned at 3:50 p.m.

TUESDAY, MAY 21, 1996

UPDATE OF "CITY PLAN" WITH THE CITY OF FORT COLLINS

NATURAL RESOURCES DEPARTMENT

(#31 @ 800 & Side B)

The Board of County Commissioners met at 3:30 p.m. in regular session with the City of Fort Collins Natural Resources Department. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Greg Byrne, City of Fort Collins Director of Community Planning, and Joe Frank, Advance Planning Director for City of Fort Collins. Recording Clerk, S. Graves.

Mr. Bryne stated that the purpose of today's meeting is to provide the Board with an overview of City planning for the future of Fort Collins; he described what has been done so far with regard to inventory and analysis, a visual preference survey, community goals, and they are now on structure planning and approaching a preferred alternative. Mr. Frank presented three maps of the structure plan and a greatly simplified diagram of neighborhoods, districts, corridors, and edges in the community which has been translated into three alternative plans. Mr. Frank presented and described the three alternative plans: 1) "A" Plan - maintains a density in new growth areas of 4.2 units per acre and demonstrates growth on all sides of the city; 2) "B" Plan - 5 units per acre and demonstrates growth to the south; 3) "C" - 6 units per acre and demonstrates growth to the north. Mr. Frank notes that "C" is becoming the most preferred plan and is the least land consumptive, but will probably be finalized with somewhat less density.

Mr. Frank noted that the three alternative plans have been through an extensive public process; open houses, workshops, and neighborhood meetings have been held and at least 20-25 presentations have been given and the trend they are seeing is a preference for Alternative "C". Mr. Frank stated that the preferred alternative will be presented at an open house on May 29th, Planning and Zoning will review it in June, and it will go before City Council in July.

There was a lengthy candid discussion on TDR's and corresponding benefits to the City and the County; it was noted that the Intergovernmental Agreement between the City and the County needs to be re-written. Mr. Frank stated that the City of Fort Collins is going to completely re-write their development regulations; there was much discussion about the current development fees being charged and it was agreed that both entities should be compatible and not competitive. New ideas were proposed regarding TDR's and making exceptions for affordable housing. Commissioner Disney expressed appreciation for the work the City has done together regarding off-site road impact fees and noted that all of the entities approving development are making an impact on State roads. There was discussion regarding City and County standards and fees being equal and both entities working in partnership. Mr. Byrne stated they have scheduled a PLUS presentation for the Growth Management Committee on June 3, 1996 and he invited the Board to attend.

The meeting adjourned at 5:20 p.m.

WEDNESDAY, MAY 22, 1996

ADMINISTRATIVE MATTERS

(#35)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Deni LaRue, Courthouse Expansion Coordinator; Facilities Manager Dick Anderson; Loveland City Manager Brian Moeck; Loveland City Council Member Ray Emerson; RNL Consultant Josh Gould; Dan Stroh, Stroh Realty; Joan Duchene, Commissioner's Office Supervisor; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

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

2. COUNTRY MEADOWS PHASE III FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT: Mr. Kadera requested Board approval of the Country Meadows Phase III Final Plat and Subdivision Improvement Agreement (SIA); he noted that the Final Plat is consistent with the Preliminary Plat and the SIA is secured by a letter of credit adequate to cover the cost of the improvements plus 15%.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Country Meadows Phase III Final Plat and Subdivision Improvement Agreement, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A96-72 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND HILLSIDE

COMMERCIAL GROUP

3. DISCUSSION AND ADOPTION OF GIFT POLICY: Mr. Lancaster submitted a revised copy of the policy for the purchase of flowers, memorials and gifts with County funds; he reviewed some of the written comments from various department heads regarding this policy. After discussion, CONSENSUS OF THE BOARD was that the gift policy issue was becoming too complicated and they decided to drop it and continue as they have been doing in the past. Mr. Lancaster will send a follow-up memo to department heads to advise them of the Board's decision.

4. FACILITIES WORKSESSION: Mr. Gould provided a general briefing on the thirteen sites being considered for the Larimer County Courthouse Expansion Project in Loveland; he noted that the space needs for the Loveland Courts have been identified and it has been determined that a 16,000 to 17,000 square foot building will be needed. Mr. Gould presented an aerial map of Loveland indicating the thirteen sites being considered. Mr. Moeck noted that the Public Safety Building might become available in two years; however, because of this time frame, this building is not being considered seriously and it was noted parking might be a problem. A City/County partnership was discussed and the suggestion was made that several different plans for the citizens to vote on be proposed. A written proposal will be presented to the Loveland City Council to see if they are interested in a partnership and joint facility in Loveland.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:10 a.m. to discuss land acquisition.

Motion carried 3 - 0.

The Executive Session ended at 10:40 a.m.; no action taken.

5. DISCUSSION AND ADOPTION OF LOGO GUIDELINES: Mr. Lancaster requested Board approval and the Chair's signature on the Internal Operating Procedures regarding the Guidelines for Use of the new Larimer County logo. Mr. Lancaster stated that a lot of private sector guidelines were reviewed to learn how they protect their logo; he noted that fourteen versions of the past logo were used by different departments in the County and the logo should be the one single item that identifies who we are. Mr. Lancaster stated that the logo is being copy-writed so it cannot be used by any entities outside the County without permission, and the County Print Shop will not print anything that doesn't follow these guidelines; the only exception is the District Attorney's Office and they will use the logo of the 8th Judicial District because they represent Jackson County as well as Larimer County.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners authorize the Chair to sign the Internal Operating Procedures concerning the Guidelines for Use of the Larimer County Logo, as requested.

Motion carried 3 - 0.

6. INTERGOVERNMENTAL AGREEMENT WITH BERTHOUD: Mr. Lancaster stated he received a call from the Town of Berthoud requesting the Board to extend their Intergovernmental Agreement (IGA) with the County for another year, until PLUS is completed; Mr. Lancaster noted that the current Agreement will expire at the end of this month and the only change on the IGA is the date.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Addendum to the Intergovernmental Agreement with the Town of Berthoud, and authorize the Chair to sign same.

Motion carried 3 - 0.

A96-73 ADDENDUM TO INTERGOVERNMENTAL AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND THE TOWN OF BERTHOUD, COLORADO

7. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Ms. Duchene stated that the interviews for the applicants to the Board of Adjustment have been completed by Commissioner Duvall; the Board was requested to make appointments to fill two full-term positions for three years and one alternate position for one year. Discussion of the applicants followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners re-appoint Phil Mazur and appoint Joseph C. Ludlum to the Board of Adjustment, each for a three year term expiring June 30, 1999; and appoint Harold S. Bauduit to serve as alternate, term to expire June 30, 1997.

Motion carried 3 - 0.

8. WORKSESSION:

-- Cabinet Meeting for Tomorrow: As there were no specific items to be discussed during the Cabinet Meeting scheduled for tomorrow, it was canceled.

-- HHS Director Interviews with Board of County Commissioners: Mr. Gluckman informed the Board that interviews of the seven applicants for the Health and Human Services Director were held last week and three of those applicants are being recommended for interviews with the Board; he noted that the interviews will be scheduled through next week.

-- Discussion of Thank You to Participants of Summit Conference: Discussion was held regarding the thank you note being sent to the partners who attended the Partnership Summit held in Estes Park recently.

-- Construction of Toilets for Parks - Information Item: Mr. Lancaster informed the Board that several months ago the Parks Department put out a bid for installing five or six new toilets in several of the parks; he noted that the bid specified CXT toilets be supplied and the cost of installation was to be included. Mr. Lancaster noted that this particular toilet was requested because they have had a lot of experience with it, it is the one that the State Parks use all the time, National Parks are going to use them in the future, and it is a design which is vandal proof--normally bids don't specify a brand name. Mr. Lancaster stated that several companies submitted bids and then CXT bid on it themselves with a $150,000 lower bid; the bid was challenged and a protest was filed stating the bidding was unfair. A meeting was held with the Purchasing Department, County Attorney George Hass, and the Parks Department; they reviewed the options of re-bidding the whole project, sole sourcing the bid, or just buying the toilets and putting out a bid for installation. The option chosen was to sole source the bid and request bids for the installation; however, in the future, the language in the requests for proposals will be changed to not allow a certain brand name to be specified. Mr. Lancaster noted that this information was provided to the Board because Commissioner Disney had received a call from Colorado Pre-Cast Concrete Products stating how much money could have been saved by purchasing their pre-cast outdoor privies, freight charges would have been saved, and the County would have given local preference in awarding the bid; Chair Clarke stated that Colorado Pre-Cast needs to prove to Parks Director John MacFarlane that their toilets are as good as CXT's so their pre-cast toilets might be considered in the future.

-- Newspaper Coverage: Commissioner Duvall submitted two newspaper advertisements (one full page and one half page) which appeared recently in the Loveland and Boulder newspapers listing meetings, future meetings, notices of Boards and Commission meetings, as well as a synopsis of what is going on in the County and she proposed that similar large advertisements be in other newspapers in the County; it was noted that this is very costly and Commissioner Disney stated that these large advertisements draw criticism. Mr. Lancaster noted that this type of advertisement was discussed during Ms. Hart's performance review and is one of her goals for next year and will be given consideration during budget time.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of May 13, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 27, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor: Robert F. & Lynda L. Percival; Norman L. Jackson; George & Mei-Chi Lee; Byron K. & Andrea P. Andrews; Jacob & Gloria J. Bauer, Jr.; Ferguson-Ackard, Ltd.; George & Diane Sawczyn; Douglas R. & Marianne Daw Rieb; and Josh N. Goetz.

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 May 22, 1996:

MISCELLANEOUS DOCUMENTS: April 1996 Check Register; and the Site Application for the Larimer River Ranch. LIQUOR LICENSES: County approval was granted to: Olympus Motor Lodge - 6% - Estes Park, CO. and Riverbend Resort - 3.2% - Loveland, CO. Licenses were issued to: Horsetooth Inn - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Fort Namaqua Wine and Spirits - 6% - Loveland, CO.; Poudre River Resort - 3.2% - Bellvue, CO.; and Sandy's Convenience Store - 3.2% - Loveland, CO.

A96-74 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

A96-75 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE CARRIAGE

SHOPPE, INC. (Provision of Auto Body Repair)

A96-76 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FORT COLLINS

COLLISION REPAIR (Provision of Auto Body Repair)

C96-27 SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE STATE

DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

(Provision of a Single Entry Point Program)

D96-16 DEED OF DEDICATION BY CKM LIVING TRUST (Dedication of

Property for Public Highway - CKM Trust - Project #109 - Dowdy Lake

Motion carried 3 - 0.

The meeting recessed at 11:35 a.m.

MEETING WITH THOMPSON VALLEY SCHOOL

DISTRICT REGARDING GROWTH MANAGEMENT

MASTER PLAN DRAFT FOR SCHOOL DISTRICT

(#36)

The Board of County Commissioners reconvened at 2:00 p.m. with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Recording Clerk, A. Jensen.

Mr. Dennis Miller and Ms. Diane Reusing, with the Thompson Valley School District, presented information to the Commissioners regarding the School District's Draft Growth Management Master Plan. Mr. Miller stated the purpose of this meeting was to brief the Board as to the details of this master plan and to inquire if it is in 'sync' with the County's growth management plans.

Mr. Miller detailed the work involved in preparing this presentation, highlighting the extensive research conducted and the time expended. This Master Plan takes into consideration the school district's facilities and capital replacement needs ten years into the future. Mr. Miller stated that growth, in this school district, has been moderate and sustained over a long period of time -- 2.5% to 2.8%. Mr. Miller also stated that Thompson R2-J is the 16th largest school district in Colorado and is 2/3rd the size of the Poudre School District. Several graphs and charts were used by Ms. Reusing and Mr. Miller to demonstrate the design capacities of all the Thompson R2-J schools. Discussion ensued regarding planning standards for elementary, middle and high schools, and how the figures on the charts and graphs were calculated. Commissioner Disney expressed concerns that the growth projections in this plan may be too conservative. Discussion ensued.

Mr. Miller continued the meeting with a discussion of a year-round school calendar, capital systems replacement needs and development of revenue streams to address the concerns raised in the Master Plan. Commissioner Disney suggested that Mr. Miller pursue a partnership with other governmental entities and/or private business with respect to technology, citing the G.I.S. project, currently underway in the County, as an example.

Mr. Miller then requested for the Commissioners input and to contact him if this Master Plan fits in with the County's growth management plans.

The Commissioners thanked Mr. Miller and Ms. Reusing for their presentation.

The meeting adjourned at 3:00 p.m.

THURSDAY, MAY 23, 1996

LIQUOR LICENSE RENEWAL HEARING

FOR WHITE BUFFALO

(#37 & #38)

The Board of County Commissioners met to consider the renewal application for the New Moon Enterprises, LLC, d/b/a the White Buffalo, in the City of Loveland Council Chambers at 7:00 p.m. Chair Clarke presided, Commissioners Disney and Duvall were present. Also present was: George Hass, County Attorney; Frank Lancaster, County Manager; Lt. Cooper, Sheriff's Department; Officers Tim Sullivan, Joe Hemby, Russell Buck, and Bill Findlay, Sheriff's Department. Recording Clerk, A. Jensen.

Chair Clarke called the meeting to order and introduced the Commissioners and County staff in attendance. The meeting was then turned over to Mr. Hass. Mr. Hass proceeded with the meeting by describing the issue before the Board, that this is a good cause hearing and the Commissioners have the authority to deny the renewal. The question before the Board is, if the tavern liquor license for New Moon Enterprises, LLC, d/b/a the White Buffalo at 5400 North Garfield Avenue, Loveland, Colorado 80538, License No. 23-34533-0000, should be renewed and if there are stipulations to be attached to the renewal. Mr. Hass continued by reading state statute concerning good cause and gave a description of the applicable statutes, the possible penalties, and conditions to the renewal of the license. Mr. Hass then introduced Mr. Greg White, Special Prosecutor for Larimer County, as well as detail the proceedings of the meeting and state that there will be time for public participation.

Mr. White called Lt. Cooper to the podium to testify and be sworn in by Jason Meadors, court reporter. Mr. White asked Lt. Cooper to describe his employment and familiarity with the Sheriff's office and their records. Lt. Cooper reviewed the Larimer County Sheriff's Department Incident Report Case No.'s 95-6028, 95-08225, 95-07531, 95-06850, 95-06378, and 96-02959 as listed in the Notice of Public Hearing served on the White Buffalo, May 13, 1996. A report listing the total number of calls involving the White Buffalo was submitted by Lt. Cooper as Exhibit #2, and briefly reviewed. Lt. Cooper stated that the number of noise complaints had dropped off after the neighborhood was told by the Sheriff's office that they could do nothing about the noise generated by the White Buffalo. Commissioner Disney inquired if the number of calls received on the White Buffalo were within a 'normal' range; Lt. Cooper stated that they were similar to other bars, but the noise complaints were substantially different then other bars. Mr. McMahill, representing the White Buffalo, cross-examined Lt. Cooper regarding the noise complaints and Exhibit #2. Mr. McMahill questioned Lt. Cooper extensively regarding the reports listed in the Notice of Public Hearing. Mr. McMahill also presented information showing the disposition of each of those reports. Exhibit 'L', an affidavit by Lisa Eileen McClain attesting that she had not been sold or served an alcoholic beverage while in the White Buffalo establishment, was read into the record.

Mr. White requested that Lt. Cooper briefly discuss the topic of blood alcohol content; Lt. Cooper was dismissed from further testimony by Mr. White.

Mr. White called Ms. Kathy Thorp to the podium to testify and be sworn in by Mr. Meadors. Mr. White asked Ms. Thorp to detail her contact with the White Buffalo. Ms. Thorp described the impact the noise generated by the White Buffalo has had on her family's quality of life, as well as state that the Sheriff's office could not do anything about the noise because there is no enforceable noise ordinance in Larimer County. Ms. Thorp also described her visit to the White Buffalo and her observations of how the bar was run. Ms. Thorp also stated that the noise levels have decreased somewhat, but that it is still unacceptable. Chair Clarke inquired if she still has difficulty sleeping at night. Ms. Thorp replied 'yes'. Mr. McMahill cross-examined Ms. Thorp. Ms. Thorp was dismissed from further testimony by Mr. White.

Mr. McKinley was called to testify by Mr. White and be sworn in by Mr. Meadors. Mr. McKinley stated his property is contiguous to the White Buffalo and read a statement concerning the impact this establishment has had on his family's quality of life. Mr. McKinley also testified that he initially signed the petition in support of the White Buffalo and had been assured by the management at the time, if there were any problems, that they would be resolved. Mr. McKinley continued with his testimony detailing the ongoing problems. Mr. McMahill cross-examined Mr. McKinley. Chair Clarke asked Mr. McKinley if he has noticed Sheriff's deputys on duty at the White Buffalo. Mr. McKinley answered 'yes'. Mr. McKinley was dismissed from further testimony by Mr. White.

Mr. White called Ms. Phyllis Winklmaier to testify and be sworn in by Mr. Meadors. Ms. Winklmaier stated she has lived at 205 Edgewood for over thirteen years and described how the White Buffalo's operations have impacted her family's life by reading a prepared statement. Commissioner Duvall asked if the noise problem has improved since the White Buffalo has attempted to mitigate the noise problems. Mr. Winklmaier stated that it has lessened, but not to an acceptable level. Ms. Winklmaier was dismissed from further testimony by Mr. White.

Mr. White called Captain Parish of the Colorado State Patrol to testify and be sworn in by Mr. Meadors. Mr. White requested that Captain Parish identify himself and describe the traffic patterns around the White Buffalo. Captain Parish expressed his concerns regarding pedestrians on Highway 287 due to the lack of sidewalks and lights for safe passage. Mr. McMahill cross-examined Captain Parish, asking if he has observed an increase in DUI's or DWAI's due to the White Buffalo. Captain Parish stated they had done a 'sting' operation, but overall they have not seen an increase in drunk driving cases relative to the White Buffalo. Commissioner Disney inquired as to the procedure the State Patrol officers follow when a DUI statement is taken and the suspected drunk driver states he has been drinking a particular establishment. Captain Parish described when a follow-up to such a statement is done. Captain Parish was dismissed from further testimony by Mr. White.

Ms. Debra Peterson was called to testify by Mr. White and sworn in by Mr. Meadors. Ms. Peterson stated she has lived at 201 Edgewood Drive for ten years, as well as detail her experiences with the White Buffalo. Ms. Peterson also stated she has never called the Moose Lodge for noise problems in the ten years she has lived at her current address. Ms. Peterson also expressed her concerns regarding Sheriff deputys response time to the area, and the overall impact the White Buffalo has had on the neighborhood. No cross-examination by Mr. McMahill. Ms. Peterson was dismissed from further testimony by Mr. White.

Mr. White called Mr. Frank Peluso to testify and be sworn in by Mr. Meadors. Mr. Peluso testified as to where his residence is relative to the White Buffalo and the impacts this establishment has had on his living condition, e.g., trash, dust and noise. Mr. McMahill cross-examined Mr. Peluso regarding traffic and drunk drivers relative to the White Buffalo. Mr. Peluso was dismissed from further testimony by Mr. White.

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

Mr. White called Mr. Gary Biermann to testify and be sworn in by Mr. Meadors. Mr. Biermann summarized his involvement with the White Buffalo and his attempts to work with the management, as well as state he has lived at his current residence, 205 East 50th Street since 1979. Mr. Biermann also testified as to the extent his life has been affected by the noise generated by the White Buffalo. Numerous exhibits were entered into the record by Mr. Biermann. Mr. White inquired if Mr. Biermann had conducted any decibel readings in the neighborhood. Mr. Biermann gave detailed testimony regarding how they obtained the sound meter, how it was operated, and when and where readings were taken. Mr. White asked Mr. Biermann to comment on the current noise problem. Mr. Biermann stated that the current noise levels are still creating problems and even when the doors are closed, music can still be heard. Mr. McMahill cross-examined Mr. Biermann relative to how the sound meter was operated, and the exhibits submitted by Mr. Biermann. Commissioner Disney inquired if Mr. Biermann had taken any background noise readings prior to the White Buffalo's opening. Mr. Biermann stated 'no'. Commissioner Duvall asked Mr. Biermann to briefly describe how to run a sound meter and what is considered a healthy or unhealthy decibel reading. Discussion followed with respect to the sound readings relative to the mitigation measures taken by the White Buffalo. Mr. Biermann was dismissed from further testimony by Mr. White.

In the interest of time, Mr. White summarized several witnesses' testimonies and stated that there was a video and transcript to be entered into the record.

Discussion followed with respect to, if, and when to view the video presented by Mr. White.

Ms. Biermann was called by Mr. White to testify and be sworn in by Mr. Meadors. Mr. McMahill objected to admitting the video into evidence. It was decided to not view the video, but to allow Ms. Biermann to read a transcript of the video, concerning a statement made by the City of Loveland Police Chief Waggoner at a City of Loveland Council meeting January 16, 1996. Ms. Biermann also read a statement outlining acceptable conditions if the tavern liquor license for the White Buffalo was renewed. Mr. McMahill did not cross-examine Ms. Biermann. Ms. Biermann was dismissed from further testimony by Mr. White.

Mr. White submitted Exhibits 1-11 into evidence.

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

Mr. McMahill submitted Exhibits A through S for the Commissioners to review and to be entered into the record as evidence.

Mr. McMahill called Mr. Walter Michael Hull to testify and be sworn in by Mr. Meadors. Mr. Hull testified with respect to his employment and duties as a manager for the White Buffalo. Mr. Hull stated he is not an owner or shareholder of the establishment or of New Moon Enterprises, L.L.C. Mr. Hull continued his testimony by detailing the White Buffalo's charitable involvements, the layout of the establishment, their entertainment schedule, how the occupancy load is monitored by the staff, and the employment of off-duty Sheriff's deputys to patrol the parking lot and establishment. It was noted by Mr. Hull that the White Buffalo opened July 29, 1995, and briefly discussed the problems with respect to the popularity of the bar, specifically regarding the noise and parking problems. Mr. Hull detailed his efforts in addressing the noise generated by bands employed by the White Buffalo. A Dr. Michael Peterson, with the Mechanical Engineering Department at the Colorado State University, had been contacted by Mr. Hull to make recommendations regarding noise abatement. Mr. Hull continued his testimony by stating the White Buffalo has implemented every recommendation made by Dr. Peterson, the costs involved, and their policy with respect to opening the garage doors. Mr. McMahill reviewed Exhibits A through S with Mr. Hull, asking questions relative to the exhibits. Mr. McMahill asked Mr. Hull if he was willing to continue to work with the homeowners present and law enforcement to correct problems attributed to the operations of the White Buffalo. Mr. Hull stated 'yes'. Mr. White cross-examined Mr. Hull with respect to noise problems, mitigation of those noise problems, and possible solutions to the issues raised by the homeowners. Discussion ensued regarding the Lago Vista Mobile Home Park in relation to the White Buffalo's patio doors and the exhibits presented by Mr. McMahill. Mr. Hull was dismissed from further testimony by Mr. McMahill.

Mr. McMahill called Dr. Peterson to testify and be sworn in by Mr. Meadors. Dr. Peterson detailed his credentials, his involvement with the White Buffalo, and his reports addressing the acoustic studies of the White Buffalo. Dr. Peterson also detailed the structural changes that were made to mitigate the higher frequencies emanating from the White Buffalo, and where and when his sound readings were taken. Testimony continued with respect to acceptable ambient noise levels relative to state laws, and possible solutions for the lower frequencies generated from the White Buffalo. Mr. White cross-examined Dr. Peterson with respect to his reports. Commissioner Duvall posed several questions about ambient noise and the perceptions of that noise. Dr. Peterson was dismissed from further testimony by Mr. McMahill.

Mr. McMahill called Officer Sullivan to testify and be sworn in by Mr. Meadors. Officer Sullivan stated that he has been employed as a Deputy with the Sheriff's office for five years and has worked as an off-duty officer at the White Buffalo for approximately twelve nights in the last nine months. Officer Sullivan testified to his assigned responsibilities at the White Buffalo and his observations with respect to how the establishment was operated. Mr. White did not cross-examine Officer Sullivan. Commissioner Disney inquired as to how often the parking lot was patrolled. Officer Sullivan replied it is usually patrolled six times within four hours. Officer Sullivan was dismissed from further testimony by Mr. McMahill.

Mr. McMahill called Officer Buck to testify and be sworn in by Mr. Meadors. Officer Buck stated he has been a Sheriff's deputy for twelve years and has not witnessed any problems with rowdiness or dust in the parking lot. Mr. White did not cross-examine Officer Buck. Officer Buck was dismissed from further testimony by Mr. McMahill.

Mr. McMahill called Officer Joe Hemby to testify and be sworn in by Mr. Meadors. Officer Hemby stated he has been employed as a Deputy with the Sheriff's office for six years and has worked 8-10 nights as an off-duty officer at the White Buffalo. Officer Hemby also briefly discussed his observations of how the White Buffalo conducted their establishment and the conflict between the White Buffalo and the neighborhood. Mr. White did not cross-examine Officer Hemby. Officer Hemby was dismissed from further testimony by Mr. McMahill.

Mr. McMahill called Officer Findlay to testify and be sworn in by Mr. Meadors. Officer Findlay stated he has been employed with the Sheriff's office for eight years and has worked as an off-duty deputy 15-20 evenings since last October at the White Buffalo. Officer Findlay also testified to his observations of how the White Buffalo is operated. Officer Findlay was dismissed from further testimony by Mr. McMahill.

Chair Clarke called for a five minute break.

Chair Clarke stated that the meeting was closed to public testimony and that closing statements would be heard from Mr. White and Mr. McMahill.

Mr. White offered his closing statement by summarizing the complaints from the affected neighborhood.

Mr. McMahill offered his closing statement summarizing testimony given by Mr. Hull and Dr. Peterson.

At this time the Board discussed at length with respect to the renewal of the tavern liquor license for the White Buffalo.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners not renew the tavern liquor license for New Moon Enterprises, LLC, d/b/a the White Buffalo at 5400 North Garfield Avenue, Loveland, Colorado 80538, License No. 23-34533-0000.

Motion carried 3 - 0.

The meeting adjourned at 1:20 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

__________________________________________

Aimee Jensen, Deputy County Clerk