PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 1, 1999

LAND-USE PLANNING MEETING

(#440)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Rob Helmick, Senior Planner; Sean Wheeler, Planner I; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Mr. Wheeler noted that agenda item #5, the Rodarmel Minor Residential Development Appeal (#98-S1346), has been withdrawn by the applicant because they are going to apply for a Minor Land Division.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners of members of the audience. Mr. Helmick modified condition #5 for hours of operation for the Dilts Quarry Special Review from 7 a.m. to 8 a.m. to 5 p.m., Monday through Friday.

1. DILTS QUARRY SPECIAL REVIEW (#97-ZR1133): 12-09-70 - 17 MILES

NORTHWEST OF FORT COLLINS, 1/3 MILES NORTHWEST OF THE

INTERSECTION OF COUNTY ROAD 72 AND HIGHWAY 287; 36 ACRES;

This is a request for Special Review to amend an existing Special Review to mine deeper and remove limestone and sand. Staff findings include: 1) The original quarry was approved in 1982 with certain conditions with respect to operations and reclamation; this request asks to deepen and expand the disturbed area. No adverse comments have been received regarding these elements of the requested amendment; 2) With conditions regarding the operation of the quarry, the application does comply with the intent and purposes of the Zoning Resolution; 3) The request is consistent with the intent principles and strategies of the Master Plan. Certain conditions related to the operation and development of the site will assure that air quality, visual impact, impact on environmental resources and noise impact are minimized; 4) The use of this site as a quarry was established in 1982; the issue of property values was addressed in 1982 and the proposed changes do not materially affect or alter the operation of this site; 5) With conditions directly addressing the air quality, traffic, noise, and storm drainage, this request will not impair the public health, safety and welfare nor will undesirable conditions result from an approval; 6) The time table for completion of the quarry has been identified by the applicant. While 50 years may seem to be an overly long time, it is consistent with other approvals of this type for this type of material.

The Planning Commission/staff recommendation is for approval of the Dilts Quarry amendment File #97-ZR1133, subject to the following conditions: 1) The quarry shall be operated, as approved in 1982, and be subject to the conditions of approval except as specifically altered by this approval; 2) The quarry may have up to 6 acres of area disturbed at any one time. This shall include areas of active mining, roads within the quarry and areas where reclamation has not been established or the bond from the MLRD released; 3) The access road will be located as detailed in the application materials. An access permit must be obtained from the Larimer County Engineering Department. The applicant must comply with the issues identified in the May 7, 1998 memo from Lonnie Sheldon with respect to the construction of the access, rock tracking devices, culverts and sight distance; 4) The applicant must participate in the dust control and stabilization of CR 72 from the access point to Highway 287; 5) The hours of operation at the site shall be 8 a.m. to 5 p.m. (Monday through Friday); 6) The quarry shall be operated in compliance with the Noise Ordinance (Ordinance #97-3); 7) The quarry shall be operated subject to the fugitive dust control plan, and stormwater management plan; 8) The reclamation of the site will assure that non-native species and invasive species are eliminated; 9) The applicant shall submit further information to address the silica issue, as detailed in the memo from Doug Ryan, Larimer County Department of Health and Environment, dated September 25, 1998; 10) If it is determined that improvements at the intersection of Highway 287 and CR 732 are warranted, the applicant shall be required to participate in the cost of those improvements.

2. JORDAN DRIVE STREET NAME CHANGE (#98-S1351): NW 31-05-69 -

INTERNAL STREET IN BONNELL WEST 2ND FILING; FA-A FARMING

ZONING

This is a request to change a street name from Kyle Circle to Jordan Drive in Bonnell West PUD. Staff findings are: 1) Bonnell West 2nd Filing was recorded in 1992. A platted stub street (Kyle Circle) in the 2nd Filing now connects to a street in the 5th Filing and has become a continuation of Jordan Drive. This small portion of street that was platted as Kyle Circle in Bonnell West 2nd Filing needs to be renamed as Jordan Drive; 2) No objections to the proposed street name change have been received from the affected property owner, utility providers, County Departments, the postal service or the Loveland Fire Department. The staff recommendation is for approval of the request to change the name of the platted stub street between Lots 18 and 19 of Bonnell West PUD 2nd Filing from Kyle Circle to Jordan Drive.


3. AMENDED PLAT OF LOTS 80, 81 AND 82 OF THE CRYSTAL LAKES

8TH FILING (#98-S1354): 11-10-74 - OFF CR 180 AT THE END OF CARIB

COURT IN THE CRYSTAL LAKES SUBDIVISION 8TH FILING;

3.7+ ACRES; 3 LOTS; E-ESTATE ZONING

This is a request for an amended plat to combine equal portions of Lot 81 with Lots 80 and 82 within the Crystal Lakes Subdivision, 8th Filing. This will result in the elimination of Lot 81. It will also result in Lot 80A being 2.02 acres + or - in area, and Lot 82A being 1.68 acres + or - in area. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat.

The staff recommendation is for approval of the Amended Plat of Lots 80, 81 and 82 within the Crystal Lakes Subdivision, 8th Filing, subject to the following conditions: 1) The applicant shall establish that no utility lines are located within the proposed easement vacations prior to recording the final plat; 2) If utility lines are located within the existing easements, then they shall not be vacated as shown on the amended plat, which must be corrected prior to final recording.

4. AMENDED PLAT OF LOTS 11 THROUGH 15 ETL, HIAWATHA HEIGHTS

SUBDIVISION (#98-S1355): NE ¼ 29-10-73 - DIRECTLY OFF THE

HIAWATHA HIGHWAY, WHICH CONNECTS TO COUNTY ROAD 671,

WEST OF RED FEATHER LAKES; 3.7+ ACRES; 9 LOTS; O-OPEN ZONING

This is a request for an amended plat to combine Lots 11-15, Block 18, Lots 7, 8 and 14 and parts of 6 & 7, Block 16, and Tract A of the amended plat of Lots 15 and 16 in the Hiawatha Heights Subdivision. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the Amended Plat of Lots 11 - 15, Block 18, Lots 7, 8 and 14 and parts of 6 & 7, Block 16, and Tract A of the amended plat of Lots 15 and 16 in the Hiawatha Heights Subdivision, subject to the following condition: 1) No existing utility or access easements will be vacated by this application.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/staff recommendations and approve the Dilts Quarry Special Review (#97-ZR1133); Jordan Drive Street Name Change (#98-S1351); Amended Plat of Lots 80, 81 and 82 of the Crystal Lakes 8th Filing (#98-S1354); and the Amended Plat of Lots 11 through 15 etc., in Hiawatha Heights Subdivision (#98-S1355); each, with the conditions as revised and outlined above.

Motion carried 3-0.

The hearing recessed at 3:05 p.m.

TUESDAY, FEBRUARY 2, 1999

ADMINISTRATIVE MATTERS

(440 @ 100 & #443)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Neil Gluckman, Assistant County Manager; Diane Martell, Engineering Staff Services Manager; Ralph Jacobs, Director Human Resources; Carol Block, Director Finance; Steve Bell, Managing Director Dain Rauscher, Inc.; Larry Timm, Director of Planning; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Jackson, representing the Citizens for the Preservation of Property Rights (CPPR), read aloud a memo from the group asking the Commissioners to consider a number of reasons for postponement of the adoption of the Partnership Land Use System; those fourteen reasons are listed in the memo from CPPR dated February 2, 1999.

2. WELCOME TO LESHER JUNIOR HIGH STUDENTS: Chair Olson welcomed the students from Lesher Junior High and noted that they are here today for Groundhog Shadow Day, which is set aside for organizations throughout the country to host students to get an up-close look at how the skills they learn in school are put into action in the workplace. Chair Olson introduced County staff and asked each staff member and the media attending today's meeting to explain to the students what they do in their position and how and why they chose their profession. Chair Olson explained that Larimer County is a County government and an arm of the State; she reviewed the role of the Commissioners and asked each of them to also tell why they decided to run for County Commissioner.


3. APPROVAL OF MINUTES FOR WEEK OF JANUARY 25, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 25, 1999, as submitted.

Motion carried 3-0.

4. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 8, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of February 8, 1999, as submitted.

Motion carried 3-0.

5. APPROVAL OF CONSENT AGENDA:

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 February 2, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Poudre Plastics, Inc.; Denver Coca Cola Bottling Co.; Arch Communications; Mary's Lake Lodge & Campground; David & Deborah George (2 Petitions); James & Mary Flowers; and Cecil & Maryann Peterson.

MISCELLANEOUS DOCUMENTS: Elliot Minor Land Division and Larimer County Public Trustee Fourth Quarter Report and Annual Report for 1998. LIQUOR LICENSES: A license was issued to Convenience Plus - 3.2% - Fort Collins. County Approval for liquor license renewal was granted to: A Hunt Club - 6% - Fort Collins, CO.; Loyal Order of Moose Lodge #484 - 6% - Loveland, CO.; and the Rock Inn Steakhouse - 6% - Estes Park, CO.

A99-16 AGREEMENT FOR USE OF COUNTY SITE AND FACILITIES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND LARIMER COUNTY SEARCH AND RESCUE TEAM, INC.

(For training, storage and office space purposes)

A99-17 AGREEMENT FOR USE OF COUNTY SITE AND FACILITIES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND LARIMER COUNTY DIVE RESCUE TEAM, INC. (For

training, storage and office space purposes)

C99-02 CONTRACT FOR PROFESSIONAL/TECHNICAL SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

STOVE PRAIRIE INSPECTION SERVICES (Renewal of existing

cable television/telephone inspection contract)

R99-15z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF ELCO WATER STORAGE TANK

R99-16s FINDINGS AND RESOLUTION APPROVING THE MORNING

STAR FARM PRELIMINARY RURAL LAND PLAN

Motion carried 3-0.

6. LONGVIEW DRIVE LID RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS TO FUND CONSTRUCTION OF THE ROAD IMPROVEMENTS: Ms. Martell requested Board approval of a resolution authorizing the issuance of special assessment bonds in the amount of $240,000 for the Longview Drive Local Improvement District No. 1997-2, and approval for the Chair to sign the Bond Purchase Agreement.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the resolution authorizing the issuance by Larimer County, Colorado of Special Assessment Bonds in the amount of $240,000 for Larimer County Local Improvement District No. 1997-2 for Longview Drive, approve the Bond Purchase Agreement, and authorize the Chair to sign both documents.

Motion carried 3-0.

R99-17d RESOLUTION AUTHORIZING THE ISSUANCE BY LARIMER

COUNTY, COLORADO OF SPECIAL ASSESSMENT BONDS IN

THE PRINCIPAL AMOUNT OF $240,000 FOR LARIMER COUNTY

LOCAL IMPROVEMENT DISTRICT NO. 1997-2 FOR LONGVIEW

DRIVE

A99-18 BOND PURCHASE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND DAIN RAUSCHER, INC.

FOR SPECIAL ASSESSMENT BONDS, SERIES 1999 FOR LOCAL

IMPROVEMENT DISTRICT NO. 1997-2 FOR LONGVIEW DRIVE

7. WAIVER OF SICK LEAVE AND VACATION POLICY REQUEST: Mr. Jacobs asked the Board to consider approving an exception to the County's Sick Leave Policy to allow an employee in the Human Services Department to use her sick leave to attend to the medical needs of her elderly neighbor; he noted that the assistance Ms. Denton is providing for her neighbor is similar to what one would expect to find being provided by a family member to a parent and allowing this exception will provide the County will an opportunity to support and encourage this kind of neighborly concern and helpfulness. Mr. Jacobs noted that Director of Human Services, Ms. Riley, supports this request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to waive the Sick Leave Provisions of the Larimer County Personnel Policy Manual to allow Barbara Denton to use her sick leave to assist her neighbor in the same manner as would be permitted if her neighbor were related to Ms. Denton.

Motion carried 3-0.

8. CREATION OF CLINICAL SERVICE ADMINISTRATIVE POSITION: Mr. Jacobs requested the Board to approve the creation of one full-time Clinical Services Administrator (formerly Clinical Director) position to assist the Mental Health Center in meeting its contractual requirements associated with captivation and the clinical needs of the staff.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request to create a full-time Clinical Services Administrator position to assist the Mental Health Center in meeting its contractual requirements association with captivation and the clinical needs of the staff.

Motion carried 3-0.

9. QUIZ REGARDING FACTS ABOUT LARIMER COUNTY: At this time, a quiz regarding facts about Larimer County was given to the students, questions such as, amount of 1999 budget, how many miles of roads and bridges maintained by Larimer County, services provided by Larimer County, etc.

10. WAIVER OF PERSONNEL POLICY SECTION 504: Mr. Lancaster noted that the Larimer County Personnel Policy Manual permits department directors to hire employees with starting pay rates from up to Step "E" (Step 5) of the assigned pay range as long as the experience and training of the person hired is greater than the requirements for the position and to hire any classified employee at a rate above Step "E" requires Board approval. Mr. Lancaster stated that the Sheriff's Department is requesting Board approval to rehire Cindy Gordon, Patrol Officer II, and Barry Nordell, Detention Officer II, at the maximum rate of Step 13 of their pay grades; he noted that both of these individuals left the Sheriff's department within the last year after many years of employment and both were at the maximum rate of pay when they left.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of Personnel Policy Section 504 to rehire Cindy Gordon and Barry Nordell at the maximum rate of their pay grades (Step 13), as requested by the Sheriff's Department.

Motion carried 3-0.

11. NORTHERN COLORADO I-25 CORRIDOR STUDY: Mr. Timm stated that several months ago, a proposal was prepared and presented to the Regional Manager's group for the development of a Regional Corridor Study for Interstate 25, extending from the Boulder/Larimer County line north to Douglas Road north of Fort Collins; he noted that it is anticipated that this corridor will be subject to considerable development pressures over the coming years and, because of the significance of this corridor for both residents and travelers through the northern Colorado region, it is important that the communities of Northern Colorado join together to establish a vision and framework to ensure compatible, coordinated development. Mr. Timm stated that a consultant needs to be hired to look at: 1) Aesthetics along I-25 to establish design guidelines for new development to address landscaping, setbacks, building height, signage, etc.; 2) Access control to establish standards to local access roadways to ensure a functional, efficient transportation network; and 3) Open Space for protection and/or preservation strategies for natural resources. The consultant would work with all the communities that participate in the project and develop a plan and design guidelines so each entity is doing the same with regard to development review. Mr. Timm continued that the project would take 18 months and the budget is estimated to cost between $250,000 to $300,000 and the entities involved are Larimer County, Cities of Fort Collins and Loveland, Timnath, Windsor, Berthoud and, depending on other entities who might participate, Larimer County's share would be between $58,000 to $70,000 and since it is a 18-month project, it could be budgeted over a two-year period; he noted that there are funds for this project in the PLUS budget. Commissioner Disney provided a more detailed description of the project, noting that it is also to protect the view sheds to the west from I-25.

At this time several students were chosen to take the seats of the three Commissioners, Mr. Timm, Mr. Lancaster, and the media to discuss this proposal and make a decision. Much discussion and questions followed and the students concurred that Larimer County should be a participant in the northern Colorado Communities I-25 Corridor Study proposal.

Following the student participation and question and answer period, the Board resumed Administrative Matters and took the following action:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Larimer County's participation in the Northern Colorado Communities I-25 Corridor Study Proposal and authorize up to $70,000 to be derived from the Partnership Land Use Study budget in 1999 and 2000.

Motion carried 3-0.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Special Improvement District Administrator Rex Burns, and County Engineer Mark Peterson joined the meeting for Legal Matters.

12. LEGAL MATTERS:

-- 1. Approval of Resolutions for GOCO Grants: Mr. Hass requested Board approval of two resolutions for GOCO (Great Outdoors Colorado) grants involving the Poudre R-1 School District; he noted that the grants are for refurbishing and expansion of the Stove Prairie and Livermore Elementary School Playgrounds. Mr. Hass stated that the Livermore grant is for $50,254 and the Stove Prairie grant is for $24,671 and as the School District is an ineligible recipient for GOCO the County is a conduit for the monies. Mr. Hass also prepared an agreement with Larimer County and Poudre R-1 whereby Poudre R-1 agrees to assume all the obligations the County has with GOCO to carry out the grant and do the improvements; one thing GOCO is requiring is that Larimer County have some kind of real property interest in the playgrounds so Larimer County would have a limited license and right of entry granted by Poudre R-1 to enter the playgrounds, if necessary, to repair or maintain the equipment.

M O TI O N

Commissioner Rennels moved that the Board of County Commissioners approve the two resolutions between the Board of County Commissioners and the State Board of the Great Outdoors Colorado Trust Fund, and the two Project Agreements between the Board of County Commissioners and Poudre R-1 School District, and authorize the Chair to sign the four documents.

Motion carried 3-0.

R99-18g RESOLUTION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD OF THE GREAT

OUTDOORS COLORADO TRUST FUND FOR COMPLETION

OF THE STOVE PRIAIRIE PLAYGROUND RENOVATION

R99-19g RESOLUTION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD OF THE GREAT

OUTDOORS COLORADO TRUST FUND FOR COMPLETION OF

THE LIVERMORE COMMUNITY PLAYGROUND RENOVATION

A99-19 PROJECT AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POUDRE R-1 SCHOOL DISTRICT

(Playground renovations for Stove Prairie School)

A99-20 PROJECT AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POUDRE R-1 SCHOOL DISTRICT

(Playground renovations for Livermore School)

-- 2. Informational Items: Mr. Hass noted that during Executive Session last week, two law suits were discussed: 1) A suit involving 1981 Single Family Mortgage Bond Issue; he informed the Board that a Washington D. C. firm has been hired and they will be receiving an engagement letter from them soon for the Chair's signature; 2) A suit involving the Parental Notification Statute which was approved by the voters last November; he noted it will be handled for all District Attorney's through the Attorney General and District Attorney in Denver, who will sign papers to authorize and represent our District Attorney.

-- 3. Approval of Resolution for Transfer of Cable Franchise Agreement: Ms. Haag requested Board approval of the transfer of our cable franchise agreement from Fanch Cablevision to US Cable of Coastal-Texas, L.P.; she noted that the cable closing was to have occurred as of January 31, 1999, but the tentative closing is now between March and the end of April. Ms. Haag stated that today Fanch paid up on their franchise fees and so they are in good standing and she noted that the new company has submitted the necessary forms for their review and it has been determined they are an acceptable company. Therefore, they are requesting the Board to sign the resolution today, with several contingencies: 1) The closing actually occurring; and 2) The new company agreeing to assume all the obligations of the old company. Ms. Haag asked that, if the resolution is approved, that it be made effective as of January 27, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution authorizing the transfer and assignment of agreement to operate a cable television system in the County of Larimer, Colorado to US Cable of Coastal-Texas, L.P., retro-active to January 27, 1999, and authorize the Chair to sign the resolution.

Motion carried 3-0.

R99-20g RESOLUTION AUTHORIZING THE TRANSFER AND

ASSIGNMENT OF AGREEMENT TO OPERATE A CABLE

TELEVISION SYSTEM IN THE COUNTY OF LARIMER,

COLORADO TO US CABLE OF COASTAL-TEXAS, L.P.

-- 4. Request for Payment to Mr. Jordan: Ms. Haag noted that Bond Attorney Blake Jordan signs a yearly agreement with the County to do our bond work for local improvement districts (LID); she reviewed the incidence in which Mr. Jordan did all the necessary work for an LID for the Fort Collins Industrial Park to get it organized, formed, approved by the County, on the ballot, approved by the voters, etc. and then he proceeded to do all the necessary work with another attorney to prepare the preliminary official statement and all the closing documents and it was within days from being closed when it was discovered that the Tabor notices had not been sent out. Ms. Haag noted that Mr. Jordan is a very conservative bond attorney and he was unwilling at that point to sign the necessary opinion letter to cause the bonds to be released and it was decided that they needed to have another election; unfortunately, that bond issue lost by one vote. Ms. Haag continued that Mr. Jordan's agreement with us provides that he gets paid out of the proceeds of the bond sale, but it also states that in the event a bond transaction does not proceed for closing for any reason, other than due to negligence of the County, the County will have no responsibility for the costs incurred. Ms Haag stated that Mr. Jordan is asking in a very diplomatic way what our position is with respect to payment of his fees without accusing us of our negligence; she indicated that his letter to the County is fairly clear that he believes that he is entitled to be paid for the work he has done. Ms. Haag stated that she and Ms. Martell have gone through the statements and using his agreed-upon hourly rate and the amount of work he did, and taking into account the work he did that is not reflected on the billing statements from the first election, they have no quarrel that he would have earned $15,000. Ms. Haag requested guidance from the Board whether Mr. Jordan should be paid, what amount should be paid, and from which fund? Discussion of which fund the monies should be derived from ensued and Mr. Lancaster suggested talking to Risk Management about the possibility of using monies from the Insurance Reserve Fund for this expenditure.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize payment up to $15,000 to Blake T. Jordan for his services on the Fort Collins Industrial Park Special Improvement District, and directed Mr. Lancaster to determine the source of funding for this payment.

Motion carried 3-0.

13. COMMISSIONER REPORTS:

Due to a lack of time, there were no Commissioner Reports today.

The meeting recessed at 12:05 p.m., to be resumed after the Liquor License Hearing scheduled for 2:30 p.m. this afternoon.


LIQUOR LICENSE HEARING FOR

287 DISCOUNT LIQUORS

(#446)

The Board of County Commissioners met in regular session at 2:30 p.m., with County Attorney George Hass, to consider the liquor license application made by 287 Discount Liquors, Inc., dba 287 Discount Liquors. Chair Olson presided and Commissioners Disney and Rennels were present. Recording Clerk, Gael Cookman.

Mr. Hass reviewed the application and admitted exhibits 1, 2, 3, and 4, which included photos of the posting notice at the establishment, photos of the interior and exterior of the building, petitions indicating the needs and desires of the neighborhood, and a summary report by Oedipus, the company hired to do the petitioning. Randy Williams, Attorney for the Applicant, introduced the applicants Mr. and Mrs. Kraus, and called Mr. Kraus to be sworn in by Chair Olson. Mr. Williams questioned Mr. Kraus on his prior involvement in selling alcohol; Mr. Kraus noted that he successfully owned and operated a liquor store in New Jersey from 1988 through 1994, and during this time he had incurred no violations, even though his liquor store was located right across from a High School. Mr. Kraus noted that he and his wife would be the primary operators of the store and that they have obtained a Liquor Code book from the State of Colorado and they have already scheduled a training session for selling alcohol with Sheriff's Deputy Joe Hemby prior to opening the liquor store. Mr. Kraus explained that there will be modifications to the premises prior to opening, and that his target date for opening is July 1, 1999. Mr. Williams confirmed that the application is in compliance with the zoning of this area, and that it is not located within 500 feet of a public or parochial school. Mr. Williams then called Max Scott, from Oedipus, to be sworn in by Chair Olson. Mr. Scott described the process that was used to petition the surrounding neighborhoods noting that the results of this survey indicated 58% of those petitioned supported the approval of this liquor store in their area. Mr. Haas noted for the record that no one was in attendance at this hearing in opposition to the application and closed the public portion of the meeting.

M O T I O N

As the Board of County Commissioners had considered the testimony and evidence in this matter and finds that the desires of the inhabitants and requirements of the neighborhood are such that the license applied for should be granted, Commissioner Disney moved that the application of 287 Discount Liquors, Inc. for a Liquor Store license known as 287 Discount Liquors, located at 5846 South College Avenue, Fort Collins, Colorado, be granted.

Motion carried 3-0.

The meeting recessed at 2:50 p.m.

The Board reconvened at 3:00 p.m. to continue Administrative Matters.

14. WORKSESSION:

-- The Board discussed at length the pros and cons of House Bill 99-1192 (Regulatory Impairment of Property Rights) and Senate Bill 99-157 (County Approval of Land Divisions that are not Subdivisions).

The meeting adjourned at 3:30 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Sherry E. Graves, Deputy County Clerk

_________________________________

Gael M. Cookman, Deputy County Clerk