Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 8, 1997

LAND-USE PLANNING MEETING

(#240)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Disney presided and Commissioner Olson was present. Also present were: Lonnie Sheldon, Project Engineer and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. As Mr. Delgado had several questions concerning Highland Place Amended Plat Lots 35 & 36, that was removed from the consent agenda.

1. X BAR 7 AMENDED PLAT FOR LOTS 1 AND 2 (#97-SA1106): 30-04-70 -

NORTHWEST OF LYONS, 21.31 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to reconfigure a lot in the X Bar 7 Subdivision and a lot in the Browning Exemption. Staff findings are: 1) An Amended Plat was approved in 1995 which reconfigured lots in the subdivision and the exemption. This request will slightly reconfigure them again; no new lots will result and all the previous conditions of approval will continue to apply; 2) The previous Amended Plat included a management area along the Little Thompson River to protect the riparian area; this management area is noted on the Amended Plat and will continue to apply to these lots; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 1 and 2 of the Amended Plat of X Bar 7 Subdivision.

2. VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT RELEASE OF

LOT SALE RESTRICTION (#94-MS0505): SE 1/4 OF SW 1/4 25-06-69 - ON

THE NORTH SIDE OF 57TH STREET, 1/2 MILE EAST OF U. S. HIGHWAY

287 AT THE NORTHEAST CORNER OF MONROE AND 57TH STREET;

This is a request to release the lot sale restriction on Lots 76-83 of Vista View Estates Planned Unit Development Phase IIA. The staff recommendation is for approval of the request for the release of Lot Sale Restriction on Lots 76-83 of Vista View Estates Planned Unit Development.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the X Bar 7 Amended Plat Lots 1 and 2 (#97-SA1106), and the Vista View Estates Planned Unit Development Release of Lot Sale Restriction (#94-MS0505), as outlined.

Motion carried 2 - 0.

3. HIGHLAND PLACE AMENDED PLAT LOTS 35 AND 36 (#97-SA1104):

25-08-69 - NORTH SIDE OF GREGORY ROAD, EAST OF TERRY LAKE

ROAD; 8.6 ACRES; 2 LOTS; R-RESIDENTIAL ZONING

This is a request to reconfigure three existing lots resulting in two building sites. Staff findings include: 1) Highland Place is a very old subdivision where lots have been redivided many times over the years. This request is intended to consolidate two lots and move a building site. They started with three lots and two building sites and ended up with two lots and two building sites; 2) The County Health and Engineering Department, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 35 and 36, Highland Place Subdivision.

Pete Delgado noted he received a letter from County Engineering requesting an increase in the access easement from 20 ft. to 40 ft.; he voiced his concern with this request because they only want to remove a lot line, which is platted to 20 ft., and combine two lots. Mr. Sheldon, Mr. Helmick, and Mr. Delgado reviewed the map of the property and, after review, concurred that the existing 20 ft. easement is appropriate. Mr. Delgado also noted that when this property was platted, there was a 4 ft. additional right-of-way dedication along Gregory Road and he asked if that 4 ft. could be vacated back to the original right-of-way; Mr. Helmick noted that the Board cannot approve a vacation of right-of-way today, because application has not been made for same. Mr. Sheldon requested this matter be tabled to a future date to allow time for further review of the request for vacation.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Highland Place Amended Plat Lots 35 and 36 (#97-SA1104) until October 13, 1997.

Motion carried 2 - 0.

The meeting adjourned at 3:20 p.m.

TUESDAY, SEPTEMBER 9, 1997

ADMINISTRATIVE MATTERS

(#240 @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Olson presided and Commissioner Clarke was present. Also present were: Marc Engemoen, County Engineer; Mike Bryant, Access and Utility Coordinator; Larry Timm, Director of Planning; Deni LaRue, Community Information Officer; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Norm Dill, President Continental North Homeowner's Association, addressed the Board during the open session for public comment; he noted that their subdivision is located north of the Marina at Horsetooth Reservoir. Mr. Dill stated that the hill above their road is owned by the Bureau of Reclamation and is not part of their development; he noted that the 14 inches of rain that fell on July 28, 1997 brought the Bureau land down and took out approximately 8 to 9 ft. of their road surface. Mr. Dill informed the Board that the homeowners have a license with the Bureau and an agreement with the County which states they will provide snow removal and routine maintenance; he submitted copies of that agreement. Mr. Dill noted he has talked to Mr. Engemoen about obtaining County assistance to rebuild the side of the hill and reconstruct their road base; however, he was told that the Board rejected the request for any assistance and so today he is asking for reconsideration of the request because they do not own the land that caused the damage. Mr. Dill stated that they cannot rebuild their road with half of the mountain side gone, and they don't consider routine maintenance as rebuilding the side of a mountain so a road can exist; he submitted pictures of the site. Mr. Dill stated that there are 82 lots in their development and to band-aid the road would cost $30,000; he noted they just spent $17,000 to put road base down and, in the last 3 years they have spent about $80,000 and they are requesting some help from the County. Mr. Engemoen stated that this is a public road, but not maintained by the County, and he doesn't know if they have the right to repair the road and this matter will have to be discussed with the Bureau. Commissioner Clarke disclosed for the record that his daughter and son-in-law live in this subdivision, but he does not believe this creates a conflict of interest; he noted that as he reads the agreement, it states that the County is not responsible for "other work" or providing funds for maintenance or upgrade. Mr. Engemoen indicated that FEMA will only reimburse the County for an immediate fix, estimated a $30,000, but to go in and stabilize the whole hill would cost over $100,000. After further discussion, Chair Pro-Tem Olson advised Mr. Dill that Mr. Engemoen, Mr. Gluckman, and Emergency Management Specialist Erik Nilsson, will help him with obtaining financial assistance from FEMA, and Mr. Burns and Ms. Martell from Engineering can also provide assistance, but the question remaining is, what do we do about the Bureau land? Commissioner Clarke stated that he doesn't see anyway that anyone can afford a permanent fix and the only thing to do is try and get money from FEMA to band-aid the hill. Mr. Dill stated that another concern of the homeowners is that there is a new development projected for this area and they are concerned about liability if the road isn't stabilized and it breaks loose. Mr. Dill asked what would happen if they give 30 days notice that they don't want the license any more, then would the Bureau be responsible for rebuilding the side of the hill? Mr. Engemoen stated that they will have to ask the County Attorney about this and Mr. Dill was advised he should also consult with his attorney. Chair Pro-Tem Olson and Mr. Engemoen will also meet with Jim Reidhead, Rural Land Use Center Director, to discuss the proposed 76-acre Rural Land Use case being proposed in this area.

At this time, Chair Disney joined the meeting as he was attending a meeting with the Estes Park Chamber Resort Association Board of Directors in Estes Park earlier this morning.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 2, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of September 2, 1997, as submitted.

Motion carried 2 - 0; Chair Disney abstained from voting as he was out of town last week and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 15, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of September 15, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA ON DOCUMENT REVIEW:

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 September 9, 1997:

MISCELLANEOUS DOCUMENT: Amended Plat of Glacier View Meadows Subdivision 6th Filing for Lots 23 & 25. LIQUOR LICENSES: County approval was granted to Beaver Inn - 6% - Red Feather, CO. A Special Events Permit was issued to the Loveland Sertoma Club, Inc. - 3.2% - Loveland, CO.

R97-134s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS

ON SALE OF LOTS (Vista View Estates, P.U.D.)

R97-135s FINDINGS AND RESOLUTION APPROVING THE JANSMA MINOR

RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 3 - 0.

5. PERMIT FEE INCREASES FOR WORK PERFORMED WITHIN COUNTY RIGHT-OF-WAY:

Mr. Bryant informed the Board that on September 11, 1979, the Commissioners adopted the Utilities and Access Installations Policy, which included a fee schedule that has been in effect for eighteen years; he requested Board approval of an amendment of that Policy by resolution to increase the fees charged to utility companies, contractors, governmental agencies, and private individuals that perform work within Larimer County road rights-of-way. Mr. Bryant stated that the proposed increase in fees will more closely reflect the costs associated with the administration of the utilities and access permitting program, which has been operating at a substantial deficit for a number of years, and has resulted in taxpayers subsidizing the program. Mr. Bryant noted that two separate mailings were sent to the majority of the entities affected by these increases and a public hearing was held on June 25, 1997 and no objections were received; he noted that Public Service Company of Colorado sent a letter stating that the proposed permit fee schedule is fair and equitable and they fully support the increase. Mr. Bryant suggested that the proposed fee schedule be implemented November 1, 1997, if the Board concurs. Mr. Engemoen stated that this increase in fees is compatible with the on-going regional effort to bring fees in line with those charged by the Cities of Fort Collins and Loveland.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve an amendment to the existing Utilities and Access Installation Policy to increase fees for work performed within County road Right-of-Ways, effective November 1, 1997, and authorize the Chair to sign the resolution permitting these changes.

Motion carried 3 - 0.

R97-136rb RESOLUTION AMENDING THE LARIMER COUNTY POLICY

FOR UTILITIES AND ACCESS INSTALLATIONS ON COUNTY

ROAD RIGHTS-OF-WAY

6. REQUEST TO TEMPORARILY INCREASE FTE'S IN THE PLANNING DEPARTMENT:

Mr. Timm reminded the Board that in a previous worksession they discussed assigning one of the staff members in the Planning Department to spend 90% of his time to writing the new Land Use Code; therefore, in order to minimize the impact on other planners, and to maintain the level of service for development review and customer assistance, Mr. Timm requested Board approval to temporarily increase two .6 FTEs to 1.0 FTEs in the Planning Department, effective October 1, 1997 through May 31, 1998. Mr. Timm noted that the increase in 1997 will be funded from salary savings and increased revenues, and in 1998 the increase will be funded through the PLUS Land Use Code budget, contingent on approval of the 1998 budget.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the temporary increase of .8 FTE's in the Planning Department, effective October 1, 1997 through May 31, 1998, with the 1997 increase to be paid with salary savings and increased revenues, and the 1998 increase to be paid from the PLUS Land Code budget, contingent on approval of the 1998 budget.

Motion carried 3 - 0.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag; Steve Bell and Charles Garcia, Financial Consultants from Dain Bosworth, Inc.; Mike Johnson and Jennifer Barrett, representatives from Kutak Rock; Susan Kirkpatrick, Chip Steiner and Rick Goodale, members of the Citizens Committee for the Courthouse and Jail Ballot Issues; and Sheriff Richard Shockley and Undersheriff John Kammerzell joined the meeting for the next item on the agenda.

7. ADOPTION OF BALLOT LANGUAGE FOR COUNTY FACILITIES:

Mr. Gluckman submitted two separate resolutions, one referring two issues and one referring three issues to the 1997 General Election ballot, for the Board's approval and the Chair's signature; he described the difference in the two resolutions and advised the Board that a decision has to be made today. Mr. Bell briefly reviewed the significant changes made in the ballot proposal this year compared to the ballot proposal submitted to the voters last year: 1) Last year the proposal was encompassed in one ballot question at a tax rate of .43 of a cent; this year the text of the ballot is split and there is the option of two questions or three questions; 2) This year they have provided for a termination of the tax levy relevant to each particular project at a time when the project is completed and the bonds for that project are paid; 3) This year the proposal will provide for a shorter period of the tax because in 1996 Larimer County had double digit sales tax growth, which has allowed them to both reduce the amount of tax by 7% and enabled them to shorten the term of the tax from 20 years to 15 years. Mr. Bell noted that if the growth continues in the double digit range, enough revenue will be generated to pay off the facilities earlier than anticipated and terminate the tax in the case of the Courthouse facilities and reduce the tax in the case of the Detention Center; 4) They have qualified the issue for AAA rating, which is done through Municipal Bond Insurance through the Financial Securities Association (FSA) Insurance Company; FSA will write a surety bond or insurance policy for a debt service reserve fund that will save Larimer County taxpayers $10 million in financing.

Questions from the Board and discussion followed; Commissioner Olson stated that she hopes the citizens of Larimer County realize that the homework has been done on this ballot issue this year. To respond to questions which will be asked by taxpayers that if the facilities are paid off ahead of time, will the tax continue and monies used for other things, Chair Disney stated that the ballot language does not allow the Board to use the tax money for anything else - when the bonds are paid, the tax goes away. Chair Disney concluded that with the savings to the taxpayers to be realized by choosing the two ballot issue as opposed to three, it makes the decision easy; Commissioners Clarke and Olson concurred.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve adoption of the resolution for the imposition of a County-wide sales and use tax and referring two ballot issues to the 1997 General Election ballot for the approval of such proposal, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-137g RESOLUTION DESCRIBING A PROPOSAL FOR THE IMPOSITION

OF A COUNTY-WIDE SALES AND USE TAX; AND REFERRING

TWO BALLOT ISSUES TO THE 1997 GENERAL ELECTION

BALLOT FOR THE APPROVAL OF SUCH PROPOSAL

Mr. Hass reminded the Board that now that this resolution has been approved, the Campaign Reform Act applies to this ballot question.

8. RESOLUTION CONCERNING AUTHORIZATION TO TAKE LEGAL ACTION TO OPEN RIGHT-OF-WAY ON COUNTY ROAD 6:

Mr. Gluckman reminded the Board that on August 19, 1997, the Banderets came before the Commissioners to request that the west end of County Road 6 be re-opened, as a locked gate across the road by some property owners has created a land lock situation for access to their parent's home; subsequently, this matter was discussed with the County Attorney and a resolution was prepared to re-open that road in the matter of public interest. Mr. Gluckman submitted that resolution and requested Board approval of same.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution concerning authorization to take legal action to open the right-of-way on County Road 6 to the public, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-138rb RESOLUTION CONCERNING AUTHORIZATION TO TAKE

LEGAL ACTION TO OPEN RIGHT-OF-WAY ON CR 6

At this time, Code Enforcement Officer John Pedas joined the meeting for Legal Matters.

9. LEGAL MATTERS:

-- Request for Approval of Resolution for GID for Pinewood Springs: Ms. Haag requested Board approval of a resolution calling an election for Larimer County GID #2 in Pinewood Springs, and ballot certification of same; she noted that a request has been received to increase taxes in this improvement district.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution Calling an Election for Larimer County General Improvement District #2 for Pinewood Springs, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-139d RESOLUTION CALLING AN ELECTION FOR LARIMER COUNTY

GENERAL IMPROVEMENT DISTRICT #2 (PINEWOOD SPRINGS)

-- Executive Session:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 10:20 a.m. to discuss an on-going lawsuit.

Motion carried 3 - 0.

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

-- Update on Lodging Tax in Estes Park: Chair Disney reported that when he was in Estes Park earlier this morning, he was reminded again that they are interested in a lodging tax question being brought to the voters and they want to know if that issue has to be voted on county wide or just within the district; Ms. Haag will research this question and report back to the Board.

10. WORKSESSION:

-- Policy Worksessions: Mr. Gluckman asked the Board if they wish to continue having Policy Worksessions at 10:00 a.m., as they have this summer, or return to 9:30 a.m.; the Board agreed that policy worksessions should be scheduled at 9:30 a.m. to allow more time for discussions, if needed. Mr. Gluckman reminded the Board that the agenda item for Policy Worksession this week is further discussion of IGA's with Larry Timm; he noted that the next Policy Worksession will not be scheduled until October 9, 1997, because of other commitments of the Board.

-- Update on Partnership for Automated Follow-Up Tracking System: Mr. Gluckman stated he has been working with Bev Miller, Commissioner's Secretary, Jay Weaver in Information Management, and the City of Fort Collins, on a partnership for software programming for an automated follow-up tracking system.

-- Request for Additional Session with Legislators: Mr. Gluckman noted he received a call from Health and Human Services Director Kathy Snell requesting a separate session with the Legislators and her staff; after discussion, the Board agreed that the two sessions they already have scheduled with the Legislators are enough and not to schedule a separate session.

-- Appointment to the Urban Growth Area Review Board: Commissioner Olson noted that there is one vacancy on the UGA Review Board and she and Mr. Timm are recommending that Len Roark, who serves on the Planning Commission, be appointed to fill the vacancy on the Larimer County Urban Growth Area Review Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint Len Roark to the Urban Growth Area Review Board for a one-year term ending June 30, 1998.

Motion carried 3 - 0.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend; discussion followed regarding location for placement of the art piece the Board purchased from the Larimer County Exchange Project and, for safety reasons, it was decided to display it in the Commissioner's Office.

11. COMMISSIONER REPORTS:

-- Commissioner Olson informed the Board that Chief Planner Russ Legg's Father passed away last week.

-- Commissioner Olson reported that she and Donna Hart were discussing the scheduling of the hearings for the Master Plan and realized that Part 1 is scheduled for a Wednesday night and Part 2 is scheduled for a Thursday night and the County does not have TV capabilities on Thursdays; therefore, the schedule has been changed so that the public testimony on PLUS will be taken on Wednesday, November 5, and discussion of PLUS will be on Wednesday, November 12, and the budget hearing will be moved to a Monday night.

-- Commissioner Olson reported she met with Kathy Gilliland of the Loveland City Council to introduce her to transfer development rights (TDR's) and they have tentatively set a luncheon appointment later this month to meet with Larry Timm, Russ Legg, Deb Pierson, etc. for a get-acquainted and kick-off meeting for working on the IGA.

-- Commissioner Clarke reported that he and Mr. Gluckman met with the Poudre RI Schools group last week and he informed them that PLUS was scheduled for the Planning Commission's final approval on November 19, 1997 and he expressed the Board's concern about not hearing back from them in response to Chair Disney's memo about the IGA process; he noted they also discussed how the TDR plan was going and our desire to have that resolved by our Task Force by December. Commissioner Clarke stated that he and Mr. Gluckman spent a lot of time listening to some of the problems the schools are having with the City of Fort Collins; such as, violating the City's Noise Ordinance as they repave their running tracks. He thinks, however, that if the citizens know that there are going to be exceptions made from time to time to a noise ordinance for good reason, and they are informed in terms of when, how long, and know that it is not going to be a chronic problem, then people have a different attitude. Commissioner Clarke stated that the City knows they are violating the noise ordinance, but they don't have a choice and they are doing what they can to mitigate the noise as much as possible.

-- Commissioner Clarke asked his colleagues if they ever ascertained what transpired recently at the Cloverleaf Track, if a permit was ever issued for an all-night rock concert and, if so, by whom; he noted they have had complaints from people living six miles away. The Board wants to find out who issued the permit so they can respond to the complaints.

-- Chair Disney reminded the Board they go to Pinewood Springs tonight for County Seat for a Day and, the last time the Board met in Pinewood Springs, he made copies of a memo prepared by Dale Miller in Engineering which outlined how much money the County has spent and how much has been received for road maintenance in this area; he asked if the Board thinks additional copies should be made for the attendees at the meeting tonight; Ms. LaRue will make additional copies to give to the Road Board.

The meeting recessed at 11:20 a.m.

LIQUOR LICENSE HEARINGS FOR THE FORKS GENERAL STORE, LLC.

(#242)

The Board of County Commissioners reconvened at 1:30 p.m. to consider two liquor license applications for the Forks General Store, LLC. Chair Disney presided and Commissioners Clarke and Olson were present. Also present was George Hass, County Attorney. Recording Clerk, S. Graves.

1. Mr. Hass noted this is an application from the Forks General Store, LLC, dba the Forks General Store, for a Retail 3.2% Off- Premise Fermented Malt Beverage License, located at 17685 N. Highway 287 in Livermore, Colorado. Following a review of the contents of the application by Mr. Hass, applicant Clyde Canino was sworn in and questioned. Mr. Hass noted for the record that there was no one appearing at today's hearing in opposition to the granting of this license.

John Pharris, attorney for the applicant, noted that the petitions were circulated by Oedipus, Inc. and he referred to Max Scott to testify to the petition drive. Max Scott, owner of Oedipus, Inc., was sworn in and questioned; he reviewed the methodology of circulating the petitions for both hearings being held this afternoon and presented two exhibits - the circulation documents and report summary. Mr. Scott stated that they performed the standard survey, the purpose of which is to determine the statutory requirement of the reasonable requirements of the neighborhood and desires of its inhabitants; they defined the neighborhood as 5 miles and spoke to 48 people and 44 signed in favor of the granting of the license, which equates to 92%.

Applicant Clyde Canino addressed the Board and stated he asked some of their customers to voice an opinion on the request for a 3.2% license and to sign a petition; he submitted those petitions with 132 signing in favor and 7 in opposition. Mr. Canino discussed his responsibility to the public and customers in having a 3.2% license and noted he intends to control it as closely as he can; he stated that they have had a lot of requests for the beer and they have spent a lot of time thinking about this application. Mr. Pharris asked Mr. Canino if there are other outlets in the survey area to purchase beer; he responded that there are none in the 5 mile radius. Mr. Canino submitted pictures of the posting of the notice in the window of the premises regarding notification of today's hearing.

This matter coming on to be heard this 9th day of September, 1997 as an application from the Forks General Store, LLC, dba the Forks General Store, for a Retail Off-Premise 3.2% Malt Beverage License, and the Board of County Commissioners having heard the testimony and evidence has considered same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Retail Off-Premise 3.2% Fermented Malt Beverage License be granted to the Forks General Store, LLC, dba the Forks General Store, located at 17685 N. Highway 287 in Livermore, Colorado.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the application of the Forks General Store, LLC, dba the Forks General Store, for a Retail Off-Premise 3.2% Fermented Malt Beverage License at the location of 17685 N. Highway 287 in Livermore, Colorado in the County of Larimer, and allow the license to be granted.

Motion carried 3 - 0.

2. Mr. Hass noted this is an application from the Forks General Store, LLC for a 6% Hotel & Restaurant Liquor License, located at 17685 N. Highway 287 in Livermore, Colorado. Following a review of the contents of the application by Mr. Hass, applicant Clyde Canino was sworn in and questioned; Mr. Hass noted for the record that there was no one appearing at today's hearing in opposition to the granting of this license.

Max Scott, owner of Oedipus, Inc. was sworn in and questioned; he presented the exhibits for this application and noted the procedure for circulating the petitions and obtaining signatures was the same as outlined in the previous hearing. Mr. Scott noted that both surveys were done simultaneously within the 5-mile radius, but the results were different; he reported that 48 people participated in the survey and 43 were in favor, which equates to 90%. Mr. Pharris asked about the availability of this type of establishment in the area; Mr. Scott responded that he does not believe there is an establishment with this type of license in the 5-mile radius. Applicant Clyde Canino was sworn in again and questioned; he noted he also asked the customers of their store about their desires for this application and he received 133 signatures in favor and none against. Mr. Canino submitted those petitions, as well the pictures of the posting of the notice regarding this hearing. Again he discussed their responsibility of having a liquor license and he feels it will help them in their endeavors to open the restaurant upstairs, which will be separate from the general store. Mr. Canino submitted a copy of their catering and banquet booklets they use in their restaurants in Denver for receptions, weddings, etc.; he noted they will do everything they can to exercise control over the alcohol consumption on their premises.

This matter coming on to be heard this 9th day of September, 1997 as an application from the Forks General Store, LLC for a 6% Hotel and Restaurant Liquor License, and the Board of County Commissioners having heard the testimony and evidence has considered same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Colorado 6% Hotel & Restaurant Liquor License be granted to the Forks General Store, LLC, located at 17685 N. Highway 287 in Livermore, Colorado.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the application of the Forks General Store, LLC for a 6% Hotel & Restaurant Liquor License at the location of 17685 N. Highway 287 in Livermore, Colorado 80536 in the County of Larimer, and allow the license to be granted.

Motion carried 3 - 0.

The hearings adjourned at 2:15 p.m.

________________________________________________

JIM DISNEY, CHAIR

LARIMER COUNTY BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

______________________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.