Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 12, 1999

LAND-USE PLANNING MEETING

(#497)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: John Pedas, Code Enforcement Officer, and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Pro-Tem Disney stated that staff has requested that the Board table the Cottonwood Preliminary Rural Land Plan until 3:00 p.m. on August 9, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Cottonwood Preliminary Rural Land Plan (#99-RLP0029) until 3:00 p.m. on August 9, 1999, as requested.

Motion carried 2 - 0.

  1. JEBENS-DUKE JUNKYARD VIOLATION: 821 EGGLESTON STREET,

LOT 11, KANARADO ESTATES SUBDIVISION

This alleged violation is for storing several inoperable/unlicensed vehicles and a semi-storage van on a residential lot in the O-Open Zoning District; as many as five vehicles have been observed on the property, three in the "back yard", two in the front or in the street right-of-way, and the van used for household storage actually parked in a 30 foot half road right-of-way on the east side of the lot. Mr. Pedas provided the background information for this alleged violation, and reviewed photos of the site and the major issues and concerns; he noted that the complaints received were due to a number of people trying to sell their property and indicated they were having difficulty selling because of the presence of the junk vehicles. Staff findings include: 1) The subject property is zoned O-Open District; 2) The O-Open District does not permit junk yards or vehicle salvage operations; 3) The O-Open District does not permit outside storage not accessory to a permitted use (residential); 4) The continued use of the property inconsistent with the zoning regulations will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Property owner Melissa Jebens addressed the Board and stated that the vehicles on the property now are all operable, three are considered collectible, and two of the vehicles are for sale. Ms. Jebens stated that they have done their best to try and work with the one neighbor making the complaints, but they cannot satisfy him; she noted that they are moving in two months. Ms. Jebens submitted pictures of vehicles stored on adjacent properties and noted that they have not had complaints; Chair Pro-Tem Disney noted that the County's zoning is enforced on a complaint basis. Ms. Jebens noted that, due to recent deaths in her family, she was using the trailer to store household items she has inherited and she needed time to sort out what she wants to keep. The Board asked Ms. Jebens if she will be taking the vehicles with her when she moves and she responded in the affirmative; she noted that the trailer is rented. Mr. Pedas noted that there have complaints on three other properties in this subdivision, and they were to have hearings today also, but those violations were resolved.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find, in the matter of the Jebens-Duke Junkyard Violation, that a violation exists, require compliance within 90 days, and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

The hearing adjourned at 3:20 p.m.

TUESDAY, JULY 13, 1999

ADMINISTRATIVE MATTERS

(#497 @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Disney presided and Commissioner Rennels was present. Also present were: Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

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

 

 

 

 

2. APPROVAL OF MINUTES FOR WEEK OF JULY 5, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table approval of the Minutes for the week of July 5, 1999 until next week, as Chair Pro-Tem Disney was not present for last weeks' meetings and Chair Olson is not present today; therefore, a quorum is not present to approve the Minutes.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF JULY 19, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of July 19, 1999, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

Commissioner Rennels moved that the Board of County Commissioners approve the following action items and documents as listed on the Consent Agenda for Document Review for July 13, 1999:

ACTION ITEMS: Appointments and Reappointments of the following to the Agricultural Advisory Board: Ann Grant and Michael Matsuda for one-year terms to expire June 30, 2000; Jon Slutsky for a two year term to expire June 30, 2001; and Minerva Lee, Richard Godbee, Lewis Grant, Dale Leach, and Phil Teeter, each for a three-year term to expire June 30, 2002. Reappointments of the following to the Private Industry Council, each for a four-year term to expire June 30, 2003, with waiver of term limits: Mary Cosgrove and Kathy Louderback. Appointment of Robert Rudolph to the Urban Growth Area Review Board for a three-year term to expire June 30, 2002, and rescission of Cary Alburn's Appointment to the Urban Growth Area Review Board. Approval of Final Plat for Buckhorn Glade Subdivision (#94-SU0446CRO) and Waiver of the Personnel Policy Manual Provisions for deleting vacation leave accumulations for two employees in the Sheriff's Department ( Lt. Deb Russell and Mr. Terry Nance).

MISCELLANEOUS DOCUMENTS: Check Register Warranty for Months of May and June, 1999; Amended Plat for Rostek 2nd, Lots 27 & 28; Amended Plat and Easement Vacation for Hiawatha Heights, Lots 1 & 2; and Amended Plat of Lot 4 in Soldier Canyon 1st & Lot 5A of the Amended Plat of Lots 5 & 6.

 

LIQUOR LICENSES: Licenses were issued to: JJ's Lounge, Inc. - 6% - Fort Collins, CO.; Conoco #06381 - 3.2% - Bellvue, CO.; and Conoco #06382 - 3.2% - LaPorte, CO. County approval for renewal of liquor licenses was granted to: Sol's Long Branch Saloon - 6% - LaPorte, CO.; Forks General Store - 3.2% - Livermore, CO.; Forks General Store - 6% - Livermore, CO.; Conoco #06358 - 3.2% - Loveland, CO.; and Conoco #06354 - 3.2% - Fort Collins, CO.

A99-132 BOND PURCHASE AGREEMENT FOR LOCAL IMPROVEMENT

DISTRICT NO. 1998-2 FOR MIRAVALLE SUBDIVISION

(Special Assessment Bonds for $190,000 - Series 1999)

A99-133 BOND PURCHASE AGREEMENT FOR LOCAL IMPROVEMENT

DISTRICT NO. 1998-E FOR MOUNTAINVIEW SUBDIVISION

(Special Assessment Bonds for $275,000 - Series 1999)

A99-134 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

LARIMER COUNTY CLERK & RECORDER AND THOMPSON

SCHOOL DISTRICT

A99-135 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

LARIMER COUNTY CLERK & RECORDER AND AIMS

COMMUNITY COLLEGE

A99-136 INDEPENDENT CONTRCT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND SKYLINE

TOWERS (Installation of Camera at Police Dispatch Tower)

C99-42 SUPPLEMENTAL CONSULTANT CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND J. F. SATO AND

ASSOCIATES OF LITTLETON, COLORADO (To Extend Scope of

Existing Contract for construction of bridge on CR 80C over the

Laramie River - Project No. 223, BRO C060-017)

C99-43 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND COULSON EXCAVATING CO., INC.

OF LOVELAND, CO. (1999 Resurfacing Program, Project #222)

C99-44 CONTRACT, REIMBURSEMENT APPLICATION AND CLIENT

NOTIFICATION FORM BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TERRACON (Storage Tank

Remediation Program)

R99-78d RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL

ASSESSMENT BONDS IN THE AMOUNT OF $190,000

FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT

NO. 1998-2 FOR MIRAVALLE SUBDIVISION

R99-79d RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL

ASSESSMENT BONDS IN THE AMOUNT OF $275,000

FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT

NO. 1998-3 FOR MOUNTVIEW SUBDIVISION)

R99-80 RESOLUTION AMENDING THE LARIMER COUNTY RURAL

LAND USE PROCESS

R99-81s FINDINGS AND RESOLUTION APPROVING STREET NAME

"LATIGO LANE"

R99-82s RESOLUTION RECOMMENDING APPROVAL OF THE

AMENDMENT TO THE FOSSIL CREEK RESERVOIR AREA PLAN

R99-83z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF BEN DELATOUR BOY SCOUT RANCH

D99-18 DEED OF DEDICATION OF PROPERTY FOR USE AS PUBLIC

HIGHWAY (Right-of-Way for Landfill Entrance Improvement)

Motion carried 2 - 0.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Assistant County Manager Neil Gluckman, Chief Planner Russ Legg, and Dale Leach, owner of Greenline Power, Ltd. joined the meeting for Legal Matters.

5. LEGAL MATTERS:

Discussion ensued regarding sales tax exemptions as they apply to sales of agriculture equipment and their applicability to county sales tax. Mr. Hass informed the Board that if they want to adopt the State's exemptions, it must go to a vote of the citizens. Mr. Leach asked, in the interim period between July 1 until the election, if one is held, whether of not they should collect the tax, collect it and put it in escrow, or not collect the tax. Mr. Hass stated that the State's definition for taxable sale does not apply to local taxes, unless it is adopted by the local entity; therefore, Mr. Leach is still required to collect and remit the tax. Mr. Leach stated that the State tax form does not indicate how to separately track the tax. Mr. Hass informed Mr. Leach that he needs to ask the State for advice regarding how to handle this situation. Commissioner Rennels suggested that Mr. Gluckman call Ginger Bergman at the State Department of Revenue to help Mr. Leach and other vendors get an answer on how to remit the State and County sales taxes with the appropriate exemptions. Commissioner Rennels suggested that the Board wait until next week when Commissioner Olson returns to discuss whether the County wants to put the exemption question on the ballot in the Fall. Mr. Gluckman noted that the Board meets with the local legislators in two weeks and they could also discuss the possibility of a technical amendment to the legislation to address this issue at that time.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 9:50 a.m. for discussion of negotiations.

Motion carried 2 - 0.

The Executive Session ended at 10:05 a.m.; no action taken.

LIQUOR LICENSE HEARING FOR FACC, INC.

(FOX ACRES COUNTRY CLUB)

(#497 @ 2000)

The Board of County Commissioners reconvened at 3:00 p.m. for a liquor license hearing for FACC, Inc. (Fox Acres Country Club). Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present was County Attorney George Hass. Recording Clerk, Sherry Graves.

Mr. Hass explained that the purpose of today's hearing is for the Board to review an application from FACC, Inc., dba Fox Acres Country Club, for a Hotel and Restaurant Liquor License (For Private Use Only) with five optional premise sites on the property. Mr. Hass stated he reviewed the application and it is complete and in order; he noted for the record that there was no one in the audience to object to the granting of this license.

Alan Dill, attorney for Dill Dill Carr Stonbraker & Hutchings Law Firm in Denver, Colorado and representative for the applicant, noted the premises is currently licensed as a Club; however, he explained that a peculiarity in the State Liquor Code says that if you have a Club License, you cannot have optional premises and to be properly licensed for the entire facility, they need an optional premises permit. Mr. Dill gave a very brief evidentiary presentation; he noted that petitions were circulated within the neighborhood and there was no one in opposition.

Mr. Richard Atkin was called to the stand and sworn in by Chair Pro-Tem Disney. Mr. Atkin stated he has been the Executive Vice President and Treasurer for FACC, Inc. since 1981; he noted that FACC, Inc. is a privately held business engaged in the ownership and operation of Fox Acres Country Club, a private country club, gated residential community, and 18-hole championship golf course. Mr. Atkin submitted pictures of the posting, duly noting the placement of the posting for ten days. Mr. Atkin was questioned by Mr. Dill and noted that the basic business operation of the club will not change, other than the expanded premises.

Brett Mansur of Liquor Petitioning Professionals was sworn in by Chair Pro-Tem Disney and briefly described his petitioning process for this application and submitted those petitions containing 31 signatures for the record; he noted that no one voiced objection to the granting of this license while doing the petitioning.

M O T I O N

As the Board of County Commissioners has 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 Rennels moved that the application of FACC, Inc., dba Fox Acres Country Club, for a Hotel and Restaurant (For Private Use Only), with the addition of five Optional Premises sites, at 3350 Fox Acres Drive West in Red Feather Lakes, Colorado 80545, be granted.

Motion carried 2 - 0.

The hearing adjourned at 3:15 p.m.

 

______________________________________________

CHAIR PRO-TEM DISNEY, 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: Loveland Bike Trail by Sharon Veit. All rights reserved.