MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 25, 2003

There were no Land Use Hearings this date.

TUESDAY, AUGUST 26, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

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 Linda Connors, Assistant County Attorney, Gael Cookman, Clerk's Office, George Hass and Jeanine Haag, County Attorney's Office, Jerry Blehm and Dr. LeBailly, Environmental Health, Claudia DeLude, Planning Department, Sheriff Alderden, Justing Smith, Andy Josey and Gary Darling, Sheriff's Office; Frank Lancaster, Bob Keister, Donna Hart, and Deni La Rue, Commissioners Office; Jean O'Connor, Clerk to the Board and Dawn Stroh, Deputy Clerk.

1. PUBLIC COMMENT: Mr. Dick Dunn addressed the Board regarding the truck by-pass.

The following citizens expressed concern regarding spraying for treatment of the West Nile Virus: Ruth Inglis-Widrick, Eric Levine, Carol Andreas, Jacob Udell, Kevin Cross, Deb Stucklen, Kathy Hartman, Ramon Ajero; Scott Swhartendubr and David Wright.

Dr. LeBailly concurs with the comments presented, and stated the spraying was the least desirable. Mr. Jerry Blehm stated that a study for West Nile has been going on for 2 years and the head of CDC has provided a half a million dollars to the State to help control the mosquitoes.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 18, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 18th, 2003 with the noted correction.

Motion carried 3-0.

  1. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 1, 2003: Ms. Hart reviewed the schedule with the Board.
  2. CONSENT AGENDA:
  3. MOTION

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

    ABATEMENTS: As recommended by the County Assessor the following petitions for abatement are approved: Quebecor Printing; Columbine Medical Equipment; Kentucky Fried Chicken.

    08262003A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AGM-NEVEDA, LLC AND KURT MYERS FOR AMERICAN GENERAL MEDIA-MYER FM TOWER SPECIAL REVIEW

    08262003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEPHEN SIVON FOR AMENDED PLAT OF LOTS 2-12 AND A PART OF LOT 13 POPLAR LAND 1ST SUBDIVISION

    08262003R001 RESOLUTION REGARDING THE EXTENSION OF APPROVAL FOR MILL CANYON ESTATES LOT 23A BLOCK 3 & 5 AMENDED PLAT/EASEMENT VACATION EXTENSION

    08262003R002 FINDINGS AND RESOLUTION APPROVING THE CHAPMAN FARMS CONSERVATION DEVELOPMENT

    08262003R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CRYSTAL LAKES 11TH FILING, TRACT L

    MISCELLANEOUS: Letter of Support for Bingham Hill Cheese Company; Letter of Support for Great Outdoors Colorado Grant for Carter Lake South Shore Campground; Colorado Department of Labor and Employment Program Year 2002 Grant Close-out Package; Amended Plat of Lots 2-12 and Part of Lot 13, Poplar Land First Subdivision.

    LIQUOR LICENSES: The following licenses were approved and issued: Vern's Liquor - LaPorte, CO - Retail; Schrader Country Store #440 - Fort Collins, CO - 3.2%; The Rock Dance Club - Fort Collins, CO - Tavern.

    Motion carried 3-0.

  4. EL CHABASCO LIQUOR LICENSES: Ms. Linda Connors expressed concern to the Board the transfer of ownership for El Chabasco's liquor license. The applicant failed to disclose criminal background information when filing the application.

Lt. Josey stated that Mr. Apolonio Basurto, the applicant, pled guilty to a criminal charge in 1987, and still has a criminal charge pending. Lt. Josey noted that he recommends the Board deny the transfer of ownership of the El Chabasco Liquor License at this time.

Commissioner Rennels asked Ms. Connors if a temporary permit could be issued for El Chubasco pending a hearing and more information from the officer involved.

Ms. Connor stated that the El Chabasco's Liquor License and ownership would stay as is if the permit was denied.

Consensus of the Board is that more information would be needed in order to consider a transfer of ownership for the El Chabasco Liquor License.

6. CANYON GRILL LIQUOR LICENSE: Lt. Josey informed the Board that the applicant for manager of the Canyon Grill has received several citations related to alcohol in the past four-years and recommended that the Board not approve the applicant. Mr. Jeff Morman, owner of the Canyon Grill, stated that the applicant has worked for him for three-years, is a hard worker, has completed TIPS training, and the County food sanitation program.

Commissioner Rennels expressed concern with past citations and suggested the application be submitted a year from now if the applicant maintains a clean record.

At this time the Board reviewed a video for Alternative Sentencing.

7. LEGAL MATTERS: Ms. DeLude stated that a previous zoning violation was taken to court and the property owner received an order to clean up the site or go to jail. The property owner, Ms. DeLude continued, was only too happy to go to jail, get a shower and good meals. Ms. Haag requested direction from the Board on how to proceed. Consensus of the Board is to go back to court and get an order that allows the County to clean the property, thus allowing a lien to be placed against the parcel.

Mr. Hass presented the Board with a resolution regarding the jail ballot question and requested approval. Commissioner Gibson stated that he could not support a .4% sales tax in perpetuity and noted a mill levy should be assessed instead.

Chair Bender stated the sales tax would be easier on seniors and noted that tourism would also contribute.

MOTION

Commissioner Rennels moved that the Board of County Commissioners the Jail Ballot Resolution as presented by the County Attorney at this meeting.

Motion carried 2 - 1; with Commissioner Gibson dissenting.

08262003R004 RESOLUTION DESCRIBING A PROPOSAL FOR THE IMPOSITION OF A COUNTY-WIDE SALES AND USE TAX; AND REFERRING A BALLOT ISSUE TO THE 2003 GENERAL ELECTION BALLOT FOR THE APPROVAL OF SUCH PROPOSAL

8. WORK SESSION: Mr. Lancaster stated that he met with Senior Management and Chief Deputies and that 2004 would be a tight budget year with an approximate assessment increase of 3% for 2004 and 2005. Mr. Lancaster noted several areas/issues are being considered for the 2004 budget year for the County in general as well as individual departments.

9. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

There being no further business, the meeting adjourned at 12:30 p.m.

HATRIXX, LLC

LIQUOR LICENSE HEARING

The Board of County Commissioners met with Linda Connors, Assistant County Attorney; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gael Cookman and Jean O'Connor, Clerk's Office and Dawn Stroh, Recording Clerk.

Ms. Connors stated that the purpose of this hearing is to consider the application for a change of classification from a Hotel/ Restaurant license to a Tavern License as well as a transfer of ownership. Ms. Connors noted that the applicant has met all statutory requirements for this hearing and that there is no public present to comment. At this time the applicants were sworn in and exhibits were submitted.

Mr. Jonathan Darrah, the applicant, stated that some opposition was received because area residents wanted the restaurant to remain. Mr. Darrah also noted that he has been a bartender for the past 2-years and has received and will provide training to all employees.

Ms. Connors noted that both partners within Hatrixx, LLC misrepresented themselves on the "Personal History" portion of the applicant in that they did not disclose police charges and/or pending charges. Ms. Melodie Rosendale, the applicant, stated that she thought the questions refereed to her personally, and that it was her establishment in Loveland that received a citation, not her. That citation, Ms. Rosendale continued, is currently under judicial review. Mr. Darrah stated that he thought the offense was a fine only and did not realize it went on his record.

Ms. Connors suggested the applicant find out the status of the judicial review and report back to the Board.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a temporary Hotel/Restaurant Liquor License permit to Hatrixx, LLC for up to 120-days and allow the Board to further review the application after a determination of the judicial review has been received. Fees pertaining to the temporary permit shall be waived.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:40 p.m.

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THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

S E A L

(A T T E S T)

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Dawn Stroh, Deputy Clerk