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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 22, 2003

LAND USE HEARING

(#221)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson (arrived at 3:10 p.m.) and Rennels were present. Also present were Karin Knauf, Sean Wheeler, and David Karan, Planning Department; Doug Ryan Health Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Bender stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Helmick stated that item #2 Trails @ Vista Bonita Release of Road Repair Funds should be removed from consent for clarification.

  1. MEKELBURG EXEMPTION AMENDED PLAT: NW 1/4 OF 27-07-68: LOCATED OFF OF THE I-25 FRONTAGE ROAD ON THE EAST SIDE OF I-25 APPROXIMATELY 1.5 MILES NORTH OF HARMONY ROAD

This is a request for an amended plat to reconfigure the boundary line between two exemption parcels. Staff recommendation is that the Board approve the proposed Mekelburg Exemption Amended Plat, subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department; 2. All conditions shall be met and the Final Plat recorded by June 8, 2004 or this approval shall be null and void.

3. FEIT 2ND MINOR LAND DIVISION LOTS 1 AND 2 AMENDED PLAT: SW 1/4 01-07-68: AT THE NORTHEAST INTERSECTION OF CR #3 AND CR #48, NORTHWEST OF FORT COLLINS

This is a request to adjust the boundary between Lot 1 and Lot 2 in the Feit 2nd Minor Land Division. Staff findings are 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed 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; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat presented for signature 1. The Final Amended Plat shall be consistent with the information contained in File 03-S2217 or as modified by conditions of approval; 2. The Final Amended Plan shall be corrected per the requirements of the Larimer County Engineering Department; 3. The Final Amended Plat shall include all required easements for the Utility Providers.

  1. JENKS SUBDIVISION LOT 2 & JENKS EXEMPTION TRACT 1, AMENDED PLAT: SOUTH 1/2 26-6-70: ON THE EAST SIDE OF COUNTY ROAD 27, 1/2 MILE SOUTH OF THE INTERSECTION OF CR 27 & CR 29
  2. This is a request for an Amended Plat to adjust the boundary between the Lot 2 of the Jenks Subdivision, Tract 1 of the Jenks Exemption. Staff findings are 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed 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; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Amended Plat shall be consistent with the information contained in File 03-S2101 or as modified by conditions of approval; 2. The applicant is restricted to a single point of access onto County Road 27 for both Lot 1 and Lot 2 of the Amended Plat; 3. The applicant shall obtain an access permit from the County Engineering Department no later then May 1, 2004, and the necessary improvements to the access point must be completed within 60 days from the date of issuance of the permit.

  3. WARSON MINOR LAND DIVISION SW 1/4 OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 69 WEST BETWEEN NEAR OVERLAND TRAIL COUNTY (C.R. 21) NORTH OF VINE DRIVE (C.R. 48)

This is a request for a Minor Land Division to create 3 lots from an 11-acre parcel. Two existing residences would be separated. Staff recommendation is approval of the Warson Minor Land Division and an appeal to the Larimer County Land Use Code Section 5.4.3.B with the following conditions and authorize the Chair to sign the plat when presented for signature 1. A 40' shared access easement is platted; 2. A shared access maintenance agreement must be approved by the County Engineering and Planning Departments and recorded with the plat; 3. A street name for the shared access is shown on the plat before recording. The lots must be re-addressed with a Warson Drive address; 4. The corrections and changes detailed in the Engineering Department's Professional Land Surveyor's November 17, 2003 comments are made to the plat; 5. The Amended Treiber Exemption (file # 03-S2095) is properly recorded prior to the recording of this MLD plat; 6. A 50-foot half right-of-way for LCR 21 is shown on the Minor Land Division plat as described in the Engineering Department's November 18, 2003 memorandum.

MOTION

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

Motion carried 2 - 0.

2. TRAILS @ VISTA BONITA RELEASE OF ROAD REPAIR FUNDS: 10-7-68; NORTH OF BAKER LAKE 3/4 MILE EAST OF I-25 ON THE NORTH SIDE OF THE VISTA BONITA DEVELOPMENT

This is a request for the conversion of funds held in escrow for road repairs necessitated by the development of Trails @ Vista Bonita and required by the Development Agreement, to the existing Homeowners Association. Staff recommendation is that the Board find the Developer has met the requirements of Section 10 of the Development Agreement for the Trails at Vista Bonita and be released from the obligations of that provision, and transfer the balance of the funds ($118,810.00) to the HOA for the Trails at Vista Bonita for internal road maintenance. This transfer shall be accomplished within 30 days of the Board's approval. Furthermore, the developer shall be obligated to provide proof of such transfer to the HOA within such time frame.

Mr. Helmick noted that, for clarification, the words "... for internal road maintenance" should be added to the end of the first sentence.

Mr. Dave Shans, the original developer, stated that during the original approval hearing for this application, discussion ensued regarding $2000 per lot being held back for road maintenance within the 8th filing and requested those funds be retained by the Homeowner's Association of the 8th filling.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Trails @ Vista Bonita Release of Road Funds as presented and modified by staff at this hearing.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:15 p.m.

TUESDAY, DECEMBER 23, 2003

ADMINISTRATIVE MATTERS

(#221)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioner Rennels was present. Also present were Donna Hart, Deni La Rue, and Melinda Keen, Commissioners' Office; Dave Spencer, Facilities Department; Jeannine Haag, Assistant County Attorney; Larry Timm, Planning Department; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 15, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of December 15, 2003 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 29, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA

MOTION

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

12232003A001 ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT AMENDMENT TO THE LARIMER COUNTY CONTRIBUTORY RETIREMENT PLAN AND TRUST

12232004A002 POST ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT AMENDMENT TO THE LARIMER COUNTY CONTRIBUTORY RETIREMENT PLAN AND TRUST

12232003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER CENTER FOR MENTAL HEALTH FOR THE BENEFIT OF LARIMER COUNTY WORKFORCE CENTER

12232003A004 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD FOR THE BERTHOUD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

12232003A005 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COTTONWOOD SHORES II, LLC FOR THE SUBDIVISION AND DEVELOPMENT OF VISTA AT COTTONWOOD SHORES 2ND FILING

12232003A006 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR USE AND BENEFIT OF THE LARIMER COUNTY PARKS AND OPEN LANDS DEPARTMENT

12232003A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN STATES LAND SERVICES, INC FOR RIGHT-OF-WAY AND EASEMENT ACQUISITION SERVICES

12232003A008 ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STOVE PRAIRIE INSPECTION SERVICES OF LARIMER COUNTY

12232003A009 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF TIMNATH FOR LAW ENFORCEMENT

12232003A010 FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LUDWIG L. KINZLI REVOCABLE TRUST AND LINDA S. KINZLI FOR THE WAVERLY RIDGE CONSERVATION DEVELOPMENT

12232003R001 FINDINGS AND RESOLUTION APPROVING THE FAGERBERG PRELIMINARY RURAL LAND PLAN

12232003R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN BERTHOUD DALE LOTS 18 & 19

12232003R003 SPECIAL REVIEW FINDINGS AND RESOLUTION DENYING THE PETITION OF CREATURE COMFORTS PET RETREAT

12232003R004 FINDINGS AND RESOLUTION APPROVING THE NO-TE-MAH CONSERVATION DEVELOPMENT

12232003R005 FINDINGS AND RESOLUTION APPROVING THE FEIT SUBDIVISION

12232003R006 FINDINGS AND RESOLUTION DENYING THE MOSER SUBDIVISION GENERAL DEVELOPMENT PLAN

12232003R007 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR VISTA AT COTTONWOOD SHORES SECOND FILING PLANNED UNIT DEVELOPMENT

12232003R008 RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS

12232003R009 RESOLUTION CONCERNING EMPLOYMENT CONTRACT WITH THE COUNTY MANAGER FOR 2004

MISCELLANEOUS: Petition for annexation to the Town of Johnstown; Michener Mountain Land Amended Plat; Amended Plat of Tract A Eagle Rock Ranches and Boundary Line Adjustment of Portions of the south 1/2 of Section 8; Personnel Authorization request for Parks and Open Lands.

LIQUOR LICENSES: The following licenses were both approved and issued Cloverleaf Kennel Club- Racetrack- Loveland, CO; Berthoud Area Chamber of Commerce- 6%- Berthoud, CO; Burger Bay- 3.2%- Loveland, CO; Boyd Lake Marina, Inc- 3.2%- Loveland, CO. The following license was issued Fort Collins Moose Lodge 275- Club- Fort Collins, CO.

Motion carried 2 - 0.

5. LIBRARY DISTRICT RE-APPOINTMENT: Ms. Keen requested the Board re-appoint Julie Park to the Estes Valley Public Library District for a 3-year term commencing January 1, 2004 and expiring December 31, 2007.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve Ms. Parks re-appointment to the Estes Valley Public Library District as presented.

Motion carried 2 - 0.

6. WORK SESSION: Mr. Lancaster informed the Board that the City of Loveland had modified the telephone application to include Larimer County as an applicant instead of an intervening party.

Mr. Lancaster stated that Karla Harding, Colorado Department of Transportation, has requested a representative of the Board to serve on the North I-25 Front Range ESI Project Regional Coordination Committee. Mr. Lancaster suggested Commissioner Gibson represent the Board since he is involved in transportation issues.

MOTION

Commissioner Rennels moved that the Board of County Commissioners appoint Commissioner Gibson to represent the Board on the North I-25 Front Range EIS Project Regional Coordination Committee.

Motion carried 2 - 0.

7. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week. Chair Bender stated that the Division of Wildlife has requested a letter of support from the Board regarding a boundary line adjustment at Watson Lake SWA and Roland Dixon properties. The letter would be included in a package presented to the Colorado Wildlife Commission in January. Consensus of the Board is to provide a letter of support for the boundary line adjustment.

8. LEGAL MATTERS: Mr. Timm stated that at a previous work session discussions included participation with the LETA Board and the Rural Addressing Improvement Project for 2004. The LETA Board resolution is conditional upon the Commissioners overall approval of the project and requested the Board take formal action regarding the project.

MOTION

Commissioner Rennels moved that the Board of County Commissioners reaffirm its overall approval of the Larimer County Rural Addressing Improvement Project and authorize the Planning Director to proceed with contracting for the development of a proposed Rural Addressing resolution and related work in 2004.

Motion carried 2 - 0.

EXECUTIVE SESSION (#220)

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 9:50 a.m. and cited 24-6-402(4)(e) C.R.S.

Motion carried 2 - 0.

Executive session ended at 10:00 a.m.; no action was taken.

There being no further business, the meeting adjourned at 10:00 a.m.

LIQUOR LICENSE HEARING

POLO'S LLC

(#222)

The Board of County Commissioners met with Linda Connors, Assistant County Attorney; Chair Bender presided and Commissioner Rennels was present. Also present were Bill Ressue, Assistant County Attorney; Gael Cookman, Clerks' Office; and Jean O'Connor, Clerk to the Board.

Ms. Connors stated the application before the Board is for a transfer of ownership and the applicant is Polo's LLC dba El Chubasco and the license is a Hotel Restaurant. Ms. Connors requested the applicant be sworn in. Mr. Zachary Wilson, attorney for the applicant, questioned Mr. Apolonio Basurto as to his experience in owning a restaurant and serving alcohol. Mr. Basurto stated that he has worked in the restaurant business since he was 15-years and the sale of alcohol, but has not received any formal training. Mr. Wilson requested explanation regarding a DUI issued and the sentencing received. Mr. Basurto stated that he was required to perform community services and attend alcohol classes. Mr. Basurto noted that he learned about the consequences of alcohol and the results of over serving patrons. Mr. Basurto stated that currently it is the bar that keeps the establishment open, but that it is his desire for the restaurant to make more money so his children can work in the restaurant.

Ms. Connors asked how long the hearing notice was posted at the establishment and Mr. Basurto replied since he received the notice November 23, 2003.

Ms. Connors asked if Mr. Basurto was aware a patron had been arrested yesterday for DUI and Mr. Basurto stated that he was in Denver most of the day and was not aware. Mr. Basurto stated that he would be glad to attend an alcohol-training program and require his staff to also attend. Mr. Basurto also stated that he has informed his staff to watch the mannerisms of patrons and to pay attention to the length of time in the establishment and the number of drinks served to a patron.

Commissioner Rennels stated that the establishment is already a target due the past owner and would continue to be watched but wished Mr. Basurto well. Chair Bender was glad the establishment is now handling patrons better and suggested the parking lot be watched more frequently.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the transfer of ownership of a Hotel Restaurant liquor license to Polo's LLC dba El Chubasco and require all employees and owners attend a certified training program regarding alcohol.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 2:00 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.