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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 19, 2003

LAND USE HEARING

(#165 & 166)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Dave Shirk, Sean Wheeler, Geniphyr Ponce-Pore, Sarah Flick, Al Kadera, and Claudia DeLude, Planning Department; Traci Downs and Christie Coleman, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Members of the audience requested items 3, 4, 6 & 7 be removed for discussion.

  1. LARIMER TERMINALS AMENDED PLAT: 460 ELM ROAD

This is a request to combine two lots of record into a single lot. Staff recommendation is approval.

2. AMENDED PLAT OF LOTS 2 AND 3, BLOCK 11 AMENDED PLAT OF CARRIAGE HILLS 4TH FILING: 2603 WILDWOOD DRIVE (LOT 2) AND 2605 WILDWOOD DRIVE (LOT 3)

This is a request to adjust the boundary line between two lots and to vacate a ten-foot wide utility easement and plat an eight-foot wide utility easement along Lot 3 west property line. Staff recommendation is approval with the following conditions 1. Compliance with Dale Greer's letter dated March 3, 2003; 2. The plat shall vacate a portion of the ten-foot utility easement along the Lot 3 west property line only where the house encroaches into the easement. The portion of the ten foot easement that is to be vacated shall be shown on the plat with a note that it is being vacated by this plat; 3. All utilities serving both lots shall be shown on the amended plat and private utility easements dedicated for any utilities that cross the property line; 4. Appendix B.II.D.9, the vested rights statement shall state "Approval of this Plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." The words "for three years" shall be removed; 5. A small-scale copy of the plat, i.e. 1" = 600' shall be submitted when the mylars are submitted for recording. This copy shall include lot lines, section, township and range and tie to an established Larimer County survey monument.

5. AMENDED PLAN OF LOTS 4-7 OF BLOCK 20, AND LOTS 1A AND 1B, BLOCK 20B, RAMONA HEIGHTS: SE 1/4 OF 28-10-73, LARIMER COUNTY, COLORADO, APPROXIMATELY 1.5 MILES NE OF THE INTERSECTION OF RED FEATHER LAKES ROAD AND COUNTY ROAD 74E

This is a request for an amended plat to combine six lots into two single-family residential lots in Ramona Heights. Staff recommendation is approval subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature 1. The Final Plat shall be recorded by November 19, 2003, or this approval shall be null and void.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as amended and outlined above.

Motion carried 3 - 0.

Commissioner Gibson requested item #9 be addressed prior to discussion of other items.

9. Johnston Zoning Violation: Ms. DeLude requested this item be tabled to July 21, 2003 since the property owner has been working with staff.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Johnston Zoning Violation to July 21, 2003 at 3:00 p.m. as requested by staff.

Motion carried 3 - 0.

3. PRELIMINARY PLAT FOR LINCOLN INDUSTRIAL PARK, LOT 8, PLD (PLANNED LAND DIVISION) TIME EXTENSION: SE 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED ON THE SOUTH SIDE OF LINCOLN AVENUE APPROXIMATELY 400 FEET WEST OF AIR PARK DRIVE IN THE FORT COLLINS GROWTH MANAGEMENT AREA

This is a request to extend the approval of the Preliminary Plat - Lincoln Industrial Park, Lot 8, PLD and rezoning to PD (Planned Development) zoning for one year. Staff finds that the uncertain state of the economy and reduced construction activity justify this extension. Staff recommendation is approval as requested. Mr. Helmick stated that the applicant for this item is not present due to a death in the family and requested the item be tabled. Chair Bender requested to hear the concern from the citizen who requested the item be removed from the consent agenda. Ms. Medina, resident of the Mobile Home Park, stated the residents are concerned with this development and do not want to be affected by it.

Mr. Judson Millican asked what would become of the residents if the Mobile Home Park is to become an industrial park? Mr. Millican noted that the mobile homes could not be relocated to other parks because many are too old.

Mr. Helmick noted that the request before the Board is a time extension and clarified that the industrial park; previously approved, would not impact the residents of the Mobile Home Park and does not require relocation of any homes. The industrial park is to be located on an adjacent parcel.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Lincoln Industrial Park Time Extension to June 23, 2003 at 3:00 p.m.

Motion carried 3 - 0.

4. INGLESIDE QUARRY, AMENDED SPECIAL REVIEW: 24-09-70: ON THE WEST SIDE OF US 287, APPROXIMATELY 5 MILES NORTH OF TED'S PLACE AND 1/2 MILE SOUTH OF THE BONNER PEAKS ACCESS ROAD

This is a request to extend the Special Review approval for a 66-acre quarry by an additional 35 years, to coincide with the "life of the mine" permit granted by the State in 1981. The current County Special Review approval will expire in 2007. Staff recommendation is approval with the following conditions 1. Operation of the Ingleside Quarry shall be as specified under previous approvals in the "Agreement to Supplement Terms and Conditions of Special Review Approval" signed by the applicant and Larimer County in March 1997 and in the representations of the applicant in File #02-Z1462. Unless modified by these conditions of approval, the previous approvals remain in effect for the Special Review; 2. The operator shall provide the Larimer County Planning Department a copy of their annual report to the State MLRB; 3. The time allowed to complete mining operations is extended for an additional 25 years beginning in 2003 and ending in 2028; 4. The approval of the Ingleside Quarry Amended Special Review 02-Z1462 shall be null and void if, at any time after the date of approval by the Board of County Commissioners, the subject mining operation substantially ceases for any period of 3 consecutive years; 5. The Hours of Operation on a year around basis shall be Monday through Friday, 7:00 a.m. to 5:00 p.m. and Saturday hours limited to 8:00 a.m. to 12:00 p.m. with no operations on Sundays; 6. The applicant shall sign a Development Agreement for the Special Review approval, to be included with the final approvals for this request; 7. The Applicant shall provide a plan to mitigate noise impacts from the quarry for review and approval by Larimer County as part of the Development Agreement, to include control methods such as rubber screens on the crusher equipment, the placement of stockpiles around the equipment and other methods as may be devised; 8. The Development Agreement shall include a provision to protect the ridgeline at the site from mining impacts, by setting limits to charge sizes, defining the spacing of the charges and placement of the charges at certain distances from the top of the ridgeline, in order to protect the existing character of the top of the ridgeline. The top of the ridgeline shall be protected specifically from the view to the west.

Mr. Wheeler provided the Board with a brief description of the amended special review and noted that the applicant has agreed to changes in the conditions of approval based on discussions at the Planning Commission hearing. Those changes, Mr. Wheeler noted are hours of operation, life of the quarry and protection of the ridgelines.

Ms. Lugene Jackson stated that the revised conditions make the project more palatable and appreciated the concessions by the applicant.

Commissioner Gibson noted that hours of operation include the movement of equipment and asked if the applicant understood this. Mr. Ron Turner, the applicant, stated that he understood hours of operation include everything.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Ingleside Quarry Amended Special Review as proposed and outlined above.

Motion carried 3 - 0.

6. RIPSAM FARMS CONSERVATION DEVELOPMENT PRELIMINARY PLAT: GENERALLY SOUTHWEST OF THE CITY OF LOVELAND, NE 1/4 OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 69 WEST, AT THE INTERSECTION OF COUNTY ROAD 12 AND THE LARIMER/WELD COUNTY LINE ROAD

This is a request for a Preliminary Plat to create a conservation development of seven residential lots on 40.8-acres. Staff recommendation is approval with the following conditions 1. The applicant shall provide a Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval from the approved Ripsam Farms MRD as well as those conditions that apply to this subdivision. It will also include, but is not limited to: information regarding special costs or fees associated with the approval of this project; the issues related to rural development; the need for individual geotechnical investigations for each lot prior to construction; the need for engineered footings and foundations and groundwater mitigation; the need for passive radon mitigation; and those issues raised in the review and or related to compliance with the Larimer County Land Use Code; 2. The applicant shall provide a Final Development Agreement for approval by the County to be recorded with the Final Plat; 3. At the time of Final Plat, the applicant must demonstrate how the proposal can meet the 1997 Uniform Fire Code and specific requirements of the Berthoud Fire District; 4. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J School fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fee (in Lieu of Land Dedication). The fee amount that is current at the time of building permit shall apply; 5. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 6. Engineered footings and foundations are required for new residential construction.

Mr. Jodie Crowley, adjacent property owner, stated that the County put gravel down on the last two miles of County Road 904 last year, but that the cumulative impacts of individual developments would soon warrant pavement of those two miles. Mr. Crowley noted that he has been speaking with the officials of Weld County, Larimer County and the developers and that all the parties seem to be willing to participate in paving the last two miles.

Commissioner Rennels agreed that the three developments and two counties working together is a good suggestion and added that area residents could also participate via a Local Improvement District and suggested Mr. Crowley work with the Engineering Department. Mr. Rob Persichitte, surveyor for the project, stated that the applicant is willing to participate in the paving of County Road 904 for that portion of the project that fronts the county road.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Ripsam Farm Conservation Development Preliminary Plat as presented and outlined above.

Motion carried 3 - 0.

7. MEADOWBROOK RANCH STREET NAME CHANGE: SE 1/4 OF 12-72; SECTIONS 23 THROUGH 27. JUST WEST OF HIGHWAY 287 AND LESS THAN .5 MILE SOUTH OF THE WYOMING BORDER

This is a request to name a total of 10 streets that serve approximately 6 square miles near the Wyoming border. Staff recommendation is approval of the proposed 10 street names located in SE 1/4 of Township 12N, Range 72W; Sections 23 through 27.

Ms. Flick stated that there is disagreement with area residents and the street names proposed, but since the names have been reviewed and approved by LETA and other agencies, staff decided to bring to application forward.

Mr. Adrian Weaver objected to the renaming of "Weaver Ranch Road" since it has been called this for over 100-years. Mr. Weaver noted that the Weaver Ranch is listed on the historical ledger and that most County residents are unaware of French Creek and it's proximity to the area, yet most know of Weaver Ranch Road so why change the name.

Mr. Carl Price, 17-year resident, stated that he was not notified of the proposed names and takes exception to his street being named "Raspberry Lane". Mr. Price noted that he is one of the original residents of the area, prior to recent development and asked if his suggested road name, "Sparks Run" had been considered since that it what it has been called for years.

Mr. David Schwab stated that he also had made suggestions but didn't know if they had been passed on to the Board for consideration; in particular replacing "Sand Lily Lane" with "Rolling Rock Way" or "Perseus Way".

Mr. Paul Matosky also did not know who made the recommendations and noted that his road would now be "Paw Print Lane".

Mr. Albert Barnes stated that he agrees with comments made by Mr. Weaver and believes the road should continue to be "Weaver Ranch Road".

Ms. Shelia Baker, president of the Homeowners Association (HOA), stated that residents were notified of the road naming process in their 2002 dues notice. Ms. Baker expressed her disappointment in renaming Weaver Ranch Road but was informed that Weaver Road already exists within the County.

Ms. Mary Crop stated that residents were notified several times and that the names were discussed at several HOA meetings.

At this time the hearing was closed to the public and Commissioners Rennels requested the item be tabled and directed staff to further address options regarding Weaver Ranch Road and to allow additional discussions with residents for the names proposed at this hearing. Mr. Helmick requested clarification that all road names be discussed or only those raised during the hearing. Commissioner Rennels stated that further consideration be given to Raspberry Lane, Sand Lily Lane and options for preserving Weaver Ranch Road.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Meadowbrook Ranch street name changes to June 23, 2003 at 3:00 p.m. to allow staff to further explore street names for those clarified above only.

Motion carried 3 - 0.

8. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

This is a request to make a number of changes to the adopted Land Use Code. Mr. Kadera stated that the Minor Special Review and Home Occupation amendments were tabled at the April 7th hearing for further clarification. Mr. Kadera noted that review criteria for Minor Special Review and Special Review applications has been separated into different subsections within section 4.5. The same is true for conditions of approval for the Minor Special Review and the Special Review processes. Mr. Kadera stated that the definition of "Home Occupation" ahas also been revised and a definition of "Craftsman" has been added. Further, the "Bed & Breakfast" use description has been amended to allow small operations to be approved by the Minor Special Review process.

Chair Bender noted there is no public present to comment on this item. Mr. Kadera suggested that if the Board approves the amendments presented, that the effective date be August 1, 2003 due to the relocation of County offices.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the amendments to the Land Use Code as proposed in the staff report dated May 19, 2003 with an effective date of August 1, 2003.

Motion carried 3 - 0.

10. AMERICAN GENERAL MEDIA / MEYERS SPECIAL REVIEW: NW 1/4 33-11-74: LOCATED APPROXIMATELY 1.5 MILES NORTHWEST OF THE CRYSTAL LAKES SUBDIVISION

This is a request for Special Review approval for a 199-foot Radio Transmitter Tower and Support Structures. The Tower will also support additional Emergency Service Equipment and possible Commercial Mobile Radio Service Equipment. Staff recommendation is approval with the following conditions 1. Operation of the American General Media Tower Special Review shall be as in the representations of the applicant in File #02-Z1443, unless modified by these conditions of approval; 2. The applicant shall sign a Development Agreement with Larimer County detailing conditions of approval for this project and conditions that relate to the operation of the American General Media tower site and its support facilities; 3. The applicant shall comply with the requirement of the Site Plan Review process contained in Section 6 of the Land Use Code; 4. The Final Site Plan must comply with the standard requirements of the Crystal Lakes Fire Protection District related to fire safety requirements; 5. No diesel fuel shall be stored or used on site once operational; 6. The final tower design must be no more then 199 feet in height, unlighted and of a free standing design without the use of guy wire supports; 7. The transmission facilities shall be operated in compliance with applicable Federal Communications Commission standards for radio frequency emissions at all times; 8. The proof of surface access to the site from a public road shall be provided at Site Plan Review and proof of US Forest Service approval of power line easements shall be provided at Site Plan Review.

Chair Bender recused himself due to family ownership of property in the area and Chair Pro-Tem Rennels presided over this item.

Mr. Wheeler stated that the applicant has amended the proposal to address concerns heard at the Planning Commission hearing; specifically the type of fuel to be used and stored, height of the tower and the guy wires. Mr. Wheeler noted that diesel fuel would not be used or stored on site once the tower is operational; the applicant has agreed to a free standing tower design, eliminating the guy wires; and since the tower will now be 199-feet, the FAA requirement to light the tower does not apply.

Mr. Larry Storm, representative for the applicant, stated that the tower would provide the ability to co-locate other CRMS antenna and the Larimer County Emergency Services equipment. Mr. Darrel Adair, a certified residential appraiser hired by the applicant, stated that he assessed property values at five different tower locations within Larimer County, and noted that there was no measurable financial impact to residential values.

Commissioner Gibson expressed concern with the applicant not co-locating on existing towers. Mr. Storm explained FCC regulations and noted that the closest tower, which currently supports the County's emergency service equipment, is being removed.

At this time the hearing was opened for public comment and Mr. Steve Koeckeritz, area resident and active in the area real estate for 23-years, stated that currently there are approximately 70 - 80 year-round residents, and virtually all are against the tower. The proposal does not meet the requirements of a Special Review in that it is not compatible with the surrounding area and would have adverse impacts. The applicant, Mr. Koeckeritz continued, has reduced the height of the tower so FAA regulations won't apply. Since the tower will not be lit, the threat of another plane crash and a resulting fire, are of much concern. Mr. Koeckeritz further noted that there is an active airstrip in Crystal Lakes.

Ms. Mary Compton, Crystal Lakes Fire Department, expressed concern with an un-manned fuel tank and noted that the area is ranked "high" for fire risk. Due to poor access to the site, it would take the department 45- 60 minutes to respond to the tower site. Ms. Compton agreed that the tower is not compatible with the area.

Ms. Maureen Sanford, Fire Department volunteer, expressed concern with the un-manned propane tank, the potential for fire, an unlit tower and med-vac air units.

Ms. Joan Hall, area resident, stated that she opposed the tower and believes it compromises the natural environment of the area.

There being no further comment, the hearing was closed to the public.

Mr. Storm rebutted noting that there are 1600 lots in the Crystal Lakes filings and only 4 residents note opposition. The tower, Mr. Storm continued, is 27-feet lower than the adjacent knoll and 1.5-miles away from the Crystal Lakes subdivision. Mr. Storm request approval as recommended by staff.

Commissioner Rennels requested staff address road issues to the site and Ms. Coleman stated that there are no issues germane to the application.

MOTION

Commissioner Gibson moved that the Board of County Commissioners re-open the hearing for public comment.

Motion carried 2 - 0.

Mr. Koeckeritz submitted for the record, minutes from the Road and Recreation Board of Director's meeting, noting opposition to the tower.

Ms. Duncan stated that she had sent comments to the website provided by Mr. Wheeler but they were not received. Ms. Duncan submitted her comments to the Board.

The hearing was again closed to the public.

Commissioner Gibson stated that he prefers facilities be combined and does not want to see tower "tree farms" around the County. Chair Pro-Tem Rennels asked staff to address use of the helo pad and an unlit tower. Mr. Helmick replied that there were no referral comments expressing concerns with safety issues.

Commissioner Gibson expressed no concerns with an unlit tower and noted that if flying at 100-feet, there is a bigger issue.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the American General Media Special Review as presented and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 6:05 p.m.

TUESDAY, MAY 20, 2003

ADMINISTRATIVE MATTERS

(#167)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Donna Hart and Deni La Rue, Commissioner's Office; Deb Maltby, Larimer Center for Mental Health; Glen Rathgeber, Michelle Hostetler and Karla Schippers, Human Services; Larry Timm, Rob Helmick, Matt Lafferty, and Al Kadera, Planning Department; K-Lynn Cameron and Jerry White, Open Lands; Gael Cookman, Clerk's Office; Linda Connors, Jeannine Haag, George Hass and Bill Ressue, County Attorney's Office; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 12, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 12, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 26, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

Commissioner Rennels noted that, as she recalls, when there is a request for approval of a transfer of ownership there is a request for approval for the issuance of a temporary license. Commissioner Rennels asked if a temporary is available for signature. Ms. Hart stated she would research the items submitted.

MOTION

Commissioner Rennels moved that the Board of County Commissioners remove the Zippy's Transfer of Ownership Liquor License from the consent agenda for clarification.

Motion carried 3 - 0.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the amended consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Miller; Poudre Valley Holdings, LTD, LLLP; Hewlet Packard CO; Lone Star Steakhouse and Saloon of Colorado, Inc.; and Post Modern Development, Inc.

05202003A001 CONVEYANCE OF PERMANENT DRAINAGE EASEMENT TO LARIMER COUNTY BY FITNESS PROPERTIES, LLLP

05202003A002 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF CORRECTIONS

05202003A003 AMENDMENT #4 TO CONTRACT #DCJ-00-04-08 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

05202003A004 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF CORRECTIONS

05202003A005 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF CORRECTIONS

05202003D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY STEVE D. AND SHERI A. HERNDON

05202003R001 FINDINGS AND RESOLUTION APPROVING THE WAAG MINOR LAND DIVISION & APPEAL

05202003R002 RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR LEVI ACRES SUBDIVISION

05202003R003 RESOLUTION EXPRESSING SUPPORT FOR THE FORT COLLINS/TIMNATH/WINDSOR COMMUNITY SEPARATOR STUDY

MISCELLANEOUS: Waag Minor Land Division; Amended Plat of Lots 7 - 9, Block 4 & Lot 9, Block 6 Glen Haven Subdivision; Amended Plat of Lots 1, 2, 6, & 16 - 18, Block 3 Letitia Lake Subdivision; Amended Plat of the McConnell Exemption; and Request for Grant Reimbursement from United State Bureau of Reclamation for Impact on County Roads.

LIQUOR LICENSES: The following licenses were approved Boys & Girls Club of Larimer County- 6% Special Events- Fort Collins, CO.

Motion carried 3 - 0.

Ms. Hart confirmed that an application for the transfer of ownership for Zippy's Liquor has been submitted as well as temporary retail liquor license for Chi and Yu Inc. Commissioner Rennels clarified that the Board then needs to approve the transfer and approve the issuance of the temporary and Ms. O'Connor concurred.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the transfer of ownership for Zippy's Liquor and approve the issuance of a temporary retail liquor license to Chi and Yu Inc.

Motion carried 3 - 0.

4. DISCUSSION WITH LIQUOR LICENSE HOLDER: Ms. Connors stated this discussion was requested to inform the owner of El Chabasco, Mr. Bibian Mercado and the Board of numerous violations discovered by Deputies during routine bar checks at the establishment. Ms. Connors noted that the violations and reports provide sufficient evidence to revoke the liquor license. Mr. Mercado stated that he has fired the security personnel and that he is on the premises much more and there have been no additional incidents since the security was fired. Ms. Cookman stated that 8 incident reports were received February through March and included underage drinking and DUI's. Much discussion ensued regarding requirements for food, hours of food service, responsibilities of the license holder and requirements of the State Liquor Code.

Commissioner Rennels suggested a 30-day probation period and directed staff to request additional violations/ incident reports form the Sheriff's Department.

5. PROCLAMATION FOR MENTAL HEALTH MONTH: Ms. Maltby requested the Board proclaim May as Mental Health month and noted the terrific staff at the Larimer Center for Mental Health and the difficulties they deal with on a daily basis.

MOTION

Commissioner Gibson moved that the Board of County Commissioners proclaim the month of May as Mental Health Month.

Motion carried 3 - 0.

6. LETTER OF SUPPORT FOR A GRANT APPLICATION: Commissioner Rennels requested Board support for a letter to Funding Partners to submit a grant application for the Mutual Self-Help Housing Program.

MOTION

Commissioner Rennels moved that the Board of County Commissioners provide a letter of support to Funding Partners to submit a grant application for the Mutual Self-Help Housing Program and authorize the Chair to sign upon receipt.

Motion carried 3 - 0.

7. APPLICATION FOR PROMOTING SAFE AND STABLE FAMILIES PROGRAM: Ms. Schippers explained the grant and the intended uses of the funds. Ms. Hostetler stated that the application is for a non-competitive grant and requires matching funds at 25%. Commissioner Rennels clarified that the matching funds could be "in kind" and Ms. Hostetler concurred. Mr. Rathgeber stated that if "in kind" contributions are insufficient, the department has funds available to cover the difference.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the grant application to establish a partnership between the community and the Department of Human Services in order to achieve child safety, permanency and family well being.

Motion carried 3 - 0.

Commissioner Gibson excused himself due to another engagement.

8. RESOLUTION ADOPTING AND ENACTING A NEW CODE FOR LARIMER COUNTY: Mr. Lancaster noted that several years ago the County started the process to "codify" County ordinances and resolutions that carry the weight of law into one book, known as the Code of Larimer County. During this process, Mr. Lancaster continued, all ordinances and resolutions since the 1940's were reviewed and the attached list is of those ordinances and resolutions that are either obsolete or no longer needed. Mr. Lancaster requested approval of the resolution and the removal of those ordinances and resolutions no longer applicable.

MOTION

Commissioner Rennels that the Board of County Commissioners approve the resolution adopting and enacting a new code for Larimer County, Colorado, providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this resolution shall become effective.

Motion carried 2 - 0.

05202003R004 RESOLUTION ADOPTING AND ENACTING A NEW CODE FOR LARIMER COUNTY, COLORADO

9. WORK SESSION: Mr. Gluckman stated that the credit card legislation had passed and noted the need to coordinate with all departments.

Strategic Planning: Mr. Gluckman stated the last strategic plan wasdevelopt in 1995 and suggested that, perhaps it is time for him to coordinate the review and development of new objectives and a plan. The Board concurred.

Legislative Rap-up: For the past several years, Mr. Gluckman stated, the Board has met with local legislators for a question/answer session and lunch and asked if the Board would like this scheduled. The Board concurred.

Fort Collins Liaison Committee: Mr. Gluckman provided the Board with a brief update of the Committee's Economic Summit/Workshop held yesterday.

Chair Bender requested approval to reply to the Environmental Advisory Board (EAB) addressing their statements regarding Wind Facilities.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a letter to the EAB addressing wind facilities and authorize the Chair to sign upon receipt.

Motion carried 2 - 0.

10. COMMISSIONER REPORTS: The Board noted their attendance at events the past week.

11. LEGAL MATTERS: Mr. Hass provided the Board with an update regarding the purchase of Indian Creek.

EXECUTIVE SESSION (No Affidavit Provided)

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 10:55 a.m. and cited 24-6-402(4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 12:00 p.m.; no action was taken.

There being no further business, the meeting adjourned at 12:00 p.m.

WEDNESDAY, MAY 21, 2003

POOL TYME, LLC

LIQUOR LICENSE HEARING

(#168)

The Board of County Commissioners met with Linda Connors at 2:00 p.m.; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gael Cookman, Clerk's Office and Jean O'Connor, Clerk to the Board.

Ms. Connor noted that there is no public present for this hearing and requested the applicant be sworn in. Mr. Charles Jara, applicant and manager of the establishment, submitted petitions and pictures of the notice of hearing, which Ms. Connors labeled as exhibits. Ms. Connors questioned Mr. Jara regarding the process for the collection of signatures on the petition, the liquor laws for the State of Colorado, and any education received regarding the serving of alcohol or recognition of intoxicated patrons. Mr. Jara stated that he and his partners would be signing up for educational classes and would be ordering a Liquor License Code Book from the State.

Commissioner Rennels asked when the training would be completed and Mr. Jara stated training would be complete prior to opening the establishment.

Chair Bender asked what type of license the application is for and Mr. Jara noted he has applied for a Tavern license, however the intent is for a family oriented establishment with billiards.

Ms. Connors asked what action would be taken if the bartender stops serving a patron believed to be intoxicated. Mr. Jara stated the establishment would call a cab or take the patron home.

Commissioner Rennels asked if the applicant understands the responsibilities associated with holding a liquor license and the applicants replied in the affirmative.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a liquor license for Pool Tyme LLC and authorize the Chair to sign the application.

Motion carried 3 - 0.

This hearing recessed at 2:20 p.m.

HERON LAKE CORPORATION

dab HERON LAKE RV PARK

LIQUOR LICENSE HEARING

The Board of County Commissioners reconvened with Linda Connors at 2:30 p.m.; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gael Cookman, Clerk's Office and Jean O'Connor, Clerk to the Board.

Ms. Connor noted that there is no public present for this hearing and requested the applicant be sworn in. Ms. Miriam Flood, President and manager of Heron Lake RV Park submitted petitions and pictures of the notice of hearing, which Ms. Connors labeled as exhibits. Ms. Connors questioned Ms. Flood regarding the process for the collection of signatures the petition, the liquor laws for the State of Colorado, and any education received regarding the serving of alcohol or recognition of intoxicated patrons. Ms. Flood stated that she had been a bartender in Fort Collins for 8 - 9 years, is familiar with the liquor laws and recognizing intoxication.

Commissioner Rennels asked what type of license the application is for and Ms. Flood replied 3.2% and that the intent is to sell to the park patrons only, there would be no advertising to the general public.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a liquor license for Heron Lake Corporation dba Heron Lake RV Park and authorize the Chair to sign the application.

Motion carried 3 - 0.

This hearing recessed at 2:40 p.m.

MIKE ATKINS

dba ESTES VALLEY CENTER

LIQUOR LICENSE HEARING

The Board of County Commissioners reconvened with Linda Connors at 2:45 p.m.; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gael Cookman, Clerk's Office and Jean O'Connor, Clerk to the Board.

Ms. Connor noted that there is no public present for this hearing and requested the applicant be sworn in. Mr. Mike Atkins, the applicant and manager of the Estes Valley Center, submitted petitions and pictures of the notice of hearing, which Ms. Connors labeled as exhibits. Ms. Connors questioned Mr. Atkins regarding the process for the collection of signatures on the petition, the liquor laws for the State of Colorado, and any education received regarding the serving of alcohol or recognition of intoxicated patrons. Mr. Atkins stated the he would be signing up for educational classes and that he intends to order at Code book, but that the intent is to serve only at receptions. Commissioner Rennels suggested a more aggressive approach toward the training and the liquor laws, Chair Bender agreed.

Ms. Cookman noted that there are some issues regarding the drawing submitted in that dimensions have not been provided, modifications don't seem to match the drawing and it is not clear if a building permit should be obtained. Commissioner Rennels asked if the approval should be conditional and Ms. Cookman concurred.

Ms. Cookman further noted that a call had been received regarding the issuance of a Tavern license, the ability to operate as such and the associated noise.

MOTION

Commissioner Rennels moved that the Board of County Commissioners conditionally approve a liquor license to Mike Atkins pending final inspection and submission of drawings and authorize the Chair to sign upon receipt.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:05 p.m.

LARIMER COUNTY/GALAXY CABLE, INC

AGREEMENT RENEWAL HEARING

(No Audio Available)

The Board of County Commissioners met at 7:30 p.m. at the Loveland Library Multi-purpose room to consider approval of the proposed agreement bwtween Larimer County and Galaxy Cable, Inc.; Chair Bender presided and Commissioner Gibson was present. Also present were Jeannine Haag, Assistant County Attorney; Andy Paratore, Information Management; Deni La Rue, Commissioner's Office; Darrell Severns, Technical Manager of Galaxy Cable; Tom Duchen, President of River Oaks Communications, Corp. participated via speaker telephone; and Jean O'Connor, Recording Clerk.

Mr. Duchen provided a staff report and historical background regarding the cable agreement with Galaxy. Mr. Duchen noted that the proposed agreement requires some upgrades prior to November 2003 and if not achieved, the agreement expires December 31, 2003. Mr. Duchen further stated that due to the reorganization of Galaxy Cable, Inc after filing bankruptcy, the agreement also notes that if the customer base declines below a specified number, Galaxy may terminate the agreement. Mr. Duchen clarified that section 4 of the proposed agreement contains a correction to reflect the date of execution of the prior agreement between the County and Galaxy's predecessor, Chartwell to be November 2, 1988 instead of August 26, 1982; Mr. Sevens concurred with this correction.

Chair Bender asked what happens if the upgrades are not made and Mr. Duchen stated that the agreement would expire December 31, 2003.

Mr. Severns asked what the requirements/qualifications are for the County to find that Galaxy has complied with the required HITS upgrade. Mr. Duchen stated that the equipment must be in place, marketing of the new products has occurred, and services are available for installation to a customer's residence upon request.

Chair Bender noted there is no public present to comment on this item.

Mr. Paratore stated that he believes the proposed agreement is mutually beneficial. Mr. Severns noted that Galaxy is anxious to get started. Ms. Haag stated that the proposed agreement includes a significant customer service component and suggested that Galaxy include a flyer in its bill mailing to customers to make them aware of Galaxy's customer service requirements; Mr. Severns agreed to follow up on this suggestion..

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the agreement with Galaxy Cable, Inc as presented and authorize the Chair to sign.

Motion carried 2 - 0.

05212003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALAXY CABLE, INC FOR USE OF RIGHTS-OF-WAY AND EASEMENTS OWNED BY LARIMER COUNTY, COLORADO AND RIGHTS-OF-WAY AND EASEMENTS DEDICATED AND ACCEPTED FOR PUBLIC USE BY LARIMER COUNTY, COLORADO

There being no further business the hearing adjourned at 7:50 p.m.

___________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

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.