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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 19, 2002

LAND USE HEARING

No Audio Available

The Board of County Commissioners met with Russ Legg, Chief Planner; Chair Gibson presided and Commissioner Bender was present. Also present were Jeannine Haag, Assistant County Attorney; Bob Joseph, Director of Community Development in Estes Park; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that item 1 had been removed from the agenda at the request of staff. The second item is a consent item and would not be discussed unless requested by the Board or members of the audience.

2. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK THREE

This is a request to make a number of changes and corrections to the adopted Estes Valley Development Code. Mr. Joseph stated that staff has presented 7 items for approval, but is now requesting to table item #2-Gross Floor Area Definition, to September 16, 2002 at 3:00 p.m. Otherwise, Mr. Joseph continued, staff is recommending approval of the other six items proposed in the amendments.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table item 2 contained within the proposed code amendments presented to September 16, 2002 at 3:00 p.m.

Motion carried 2 - 0.

Chair Gibson noted that no public is present for this item.

Ms. Haag asked when the amendments would be effective if approved and Mr. Joseph stated 30-days from the approval date by the Town Board, which was August 13, 2002.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the proposed amendments to the Estes Valley Development Code, Block 3 with the exception of item #2.

Motion carried 2 - 0.

Ms. O'Connor presented and requested the Board approve six agreements between the County Clerk and entities for election services in the November general election.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the agreements for election services during the November 5, 2002 election as presented.

Motion carried 2 - 0.

A02-132 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND THE CITY OF LOVELAND FOR ELECTION SERVICES

A02-133 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND THE CITY OF FORT COLLINS FOR ELECTION SERVICES

A02-134 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND THE TOWN OF ESTES PARK FOR ELECTION SERVICES

A02-135 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND ST. VRAIN RE-1J SCHOOL DISTRICT FOR ELECTION SERVICES

A02-136 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND THE ALLENSPARK FIRE PROTECTION DISTRICT FOR ELECTION SERVICES

A02-137 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND THE ESTES PARK MEDICAL DISTRICT FOR ELECTION SERVICES

There being no further business, the hearing adjourned at 3:20 p.m.

TUESDAY, AUGUST 20, 2002

ADMINISTRATIVE MATTERS

(#84)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Donna Hart and Deni La Rue, Commissioner's Office; Steve Harem and Stephen Gillette, Natural Resources; Joe Ferrando, Community Corrections; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Ron Klien addressed the Board regarding their decision to not place the initiative to increase the Board to 5 on the November ballot. Mr. Gary Studie addressed the Board with traffic safety issues raised at a community meeting for a development through the City of Fort Collins at County Road 32 and State Highway 287.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 12, 2002:
  2. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 12, 2002 with noted correction.

    Motion carried 3 - 0.

  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 26, 2002:
  4. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of August 26, 2002 as presented.

    Motion carried 3 - 0.

  5. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as published on the consent agenda for August 20, 2002:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Anderson, Chang & IM, Inc., Novacek, Githens, Patterson, Perfect Teeth-S, and Perfect Teeth-Loveland.

A02-137 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RONALD L AND MARY ANN ALVERSON FOR THE ALVERSON RURAL LAND PLAN

R02-173 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR ALVERSON RURAL LAND PLAN

MISCELLANEOUS: Amended Plat for lot 2, Block 5, Second Filing of Grasslands Subdivision and a portion of Tract 2 of Stout Exemption; Amended Plat of Tract 2, Stout Exemption; Amended Plat of Lot 18 1st Filing of Soldier Canyon Estates; and Final Plat for Alverson Rural Land Plan.

LIQUOR LICENSES: The following licenses were approved Schrader Country Store #440- 3.2%- Fort Collins, CO; Larry's Southwest Liquor- Retail- Fort Collins, CO; and Bohemian Cottage Restaurant- H&R- Loveland, CO. The following licenses were issued Pot Belly Restaurant and Lounge- Tavern- Red Feather Lakes, CO; Sodexho Marriott Mgmt, Inc.- H&R- Fort Collins, CO; Gonzalo's Spanish Manor- Tavern- Fort Collins, CO; Red Feather Supermarket- 3.2%- Red Feather Lakes, CO; Sodexho Marriott Mgmt, Inc.- 3.2%- Fort Collins, CO; and Tornado Club- Tavern- Fort Collins, CO.

Motion carried 3 - 0.

5. REQUEST FOR ALTERNATE DAILY COVER AT THE LANDFILL: Mr. Harem stated that the landfill has been testing the use of a product called "Topcoat" to cover daily trash instead of using 6-inches of dirt. Topcoat, Mr. Harem continued is made from recycled paper, a binding agent, and a fire retardant and would be used for five days and the sixth day, trash would be covered with 6-inches of dirt. Mr. Harem noted that the use of Topcoat will save considerable airspace and dirt thus prolonging the life of the landfill as well as taxpayer dollars. Mr. Gillette requested Board approval for the use of Topcoat on a daily basis.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the use of "Topcoat" as a cover of trash on the rotating basis of five-days/to one-day of dirt at the landfill.

Motion carried 3 - 0.

6. REQUEST FOR A LOW INTEREST LOAN FOR A COMMUNITY CORRECTIONS FACILITY: Mr. Ferrando stated that staff would like to submit application to the City of Fort Collins Affordable Housing program for up to a $700,000 loan. The new Correction facility, Mr. Ferrando continued, may qualify for a low interest loan (1%) through the affordable housing fund. Mr. Ferrando stated that the loan would be paid back through current and future revenue. Mr. Lancaster stated that the facility is self-sustaining via fees charged.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Community Corrections Department's request to submit application to the City of Fort Collins Affordable Housing program for a low interest loan to be applied to a new facility.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Lancaster noted that a letter to Mountain Range Shadows regarding the recent air show, is ready for the Chairs signature. Mr. Lancaster also requested direction for staff regarding the disbandment of the Urban Growth Area Review Board (UGARB). Consensus of the Board is for staff to pursuit disbanding UGARB.

8. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

9. DISCUSSION OF FIVE COMMISSIONERS: Mr. Donavan stated that the signed petitions are in the home of a member of "Citizens for 5 Commissioners" and that she is currently on vacation.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the discussion regarding 5 Commissioners to the August 27th meeting.

Motion carried 3 - 0.

10. LEGAL MATTERS: Discussion regarding a potential zoning violation in the vicinity of North Shields and US Highway 287. The Board directed staff to investigate the property for potential violation of the approved Special Review and to confirm the location of a proposed tower.

EXECUTIVE SESSION (#85)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:45 a.m. and cited 24-6-402(4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:10 a.m.; no action was taken.

 

WEDNESDAY, AUGUST 21, 2002

LIQUOR LICENSE HEARING FOR

FUN CLUB L.L.C., DBA ALPINE FUNTIER

(No Audio Available)

The Board of County Commissioners met at 2:30 p.m. with Assistant County Attorney Linda Connors to consider a liquor license application from Fun Club L.L.C. Chair Gibson presided and Commissioner Rennels was present. Also present were Meadors Court Reporter, and Gael Cookman, Recording Clerk.

Ms. Connors explained that Fun Club L.L.C. has applied for a Tavern liquor license to be issued for the Alpine Funtier Entertainment Center located at 7824 South College Avenue. Ms. Connors noted that the hearing has been published in accordance with Statute and that no one was in the audience to speak for or against the application. The Court Reporter swore in the applicant, Kris Fleishli, and Ms. Connors requested the photos of the posting of the premises and the petition of signatures from Mr. Fleishli. Ms. Connors labeled the photos as exhibits 1 and 2 and the petition as exhibit number 3.

Ms. Connors noted that a number of people signing the petition were against having a liquor license at the Alpine Funtier; she asked Mr. Fleishli if he knew what reasons were behind their opposition. Mr. Fleishli stated that most of those in opposition were neighbors right behind their facility and they were concerned with a possible increase in noise from the establishment in relationship to alcohol being served. Mr. Fleishli explained that they are applying for a Tavern license, but they intend to serve mainly just beer and wine; he noted that they will probably only serve hard liquor if corporations rent out the facility for private parties. Mr. Fleishli further explained that they are very concerned about keeping the liquor away from the go carts and that they intend to stamp the hands of those patrons consuming alcohol and check for stamps prior to letting anybody drive the go carts so they can ensure there will be no drinking and driving. Ms. Connors asked how Mr. Fleishli planned to handle intoxicated patrons or minors trying to purchase alcohol. Mr. Fleishli noted that he has purchased the liquor code book from the State Liquor Enforcement Division and that he plans to have formal training for his staff to address these issues. Ms. Connors asked for clarification on exactly where he plans to serve the alcohol and Mr. Fleishli noted that the alcohol would be served and contained within the second floor of the establishment. Ms. Connors again noted for the record that there was no one in attendance for public comment regarding the issuance of this license.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the new Tavern license for Fun Club L.L.C., DBA Alpine Funtier, located at 7824 South College Avenue.

Motion carried 2 - 0.

____________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

___________________________________

Jean M. O'Connor, Clerk to the Board

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