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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 8, 2004

LAND USE HEARING

(#19)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioner Bender was present. Also present were Claudia DeLude, Al Kadera, and David Karan, Planning Department; Roxann Hayes, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated staff is requesting the following items be tabled as follows #1 Vargas Zoning Violation and #2 Fattorie Zoning Violation be tabled to May 10, 2004 at 3:00 p.m. and #3 Elk Ridge Rural Land Use Plan be tabled to April 5, 2004 at 3:00 p.m. Mr. Helmick requested #6 Lloyd Zoning Violation be tabled to May 3, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Board of County Commissioners table items 1, 2, 3 and 6 as requested.

Motion carried 2 - 0.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. WADE MINOR LAND DIVISION: SOUTHWEST 1/4 SECTION 29 OF TOWNSHIP 8 N, RANGE 69 W; APPROXIMATELY 1/2 MILE WEST OF THE INTERSECTION OF C.R. 54G AND C.R. 21 (OVERLAND TRAIL)

This is a request for a Minor Land Division to create 2 lots from a 1.05-acre parcel. Two existing residences would be separated. Staff recommendation is approval subject to the following conditions and to authorize the Chair to sign the plat when presented for signature 1. Before recording, all changes described in Larimer County Professional Surveyor's 1/30/04 comment letter shall be made to the final plat; 2. A building permit for the replacement manufactured home or original mobile home will be obtained within 60 days of the approval of this MLD; 3. All conditions shall be met and the Final plat recorded by September 8, 2004 or this approval shall be null and void.

5. WYNDHAM HILL PLANNED UNIT DEVELOPMENT 3RD FILING LOTS 2 & 3 AMENDED PLAT AND EASEMENT DEDICATION: NW 1/4 SECTION 19, TOWNSHIP 6 NORTH, RANGE 68 WEST - SOUTH OF C.R. 32 (CARPENTER ROAD) AND EAST OF C. R. 13 (LEMAY AVENUE).

This is a request to shift the boundary line between Lots 2 and 3 and create an easement to provide sewer service to Lot 2 of this Amended Plat (currently Lot 3). Staff recommendation is approval 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 memo dated 02/04/04; 2. All conditions shall be met and the Final plat recorded by September 8, 2004 or this approval shall be null and void.

MOTION

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

Motion carried 2 - 0.

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

TUESDAY, MARCH 9, 2004

ADMINISTRATIVE MATTERS

(#19 & 20)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioner Bender was present. Also present were Al Kadera and Claudia DeLude, Planning Department; Marc Engemoen, Engineering Department; K-Lynn Cameron, Jerry White and Charlie Johnson, Parks and Open Lands; Donna Hart, Deni La Rue and Neil Gluckman, Commissioners' Office; Dawn Stroh, Clerks' Office; George Hass, County Attorney; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Kim and Dee Unvac and Cindy and Dan Littwin addressed the Board regarding the alleged Vaughn zoning violation. Mr. Kadera stated the County is in the process of gathering additional information.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 1, 2004: Mr. Lancaster stated that Chair Rennels was not present last week and Commissioner Gibson is currently out of the State, so approval of the minutes would need to wait to next week.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 15, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

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

03092004A001 ADDENDUM TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING AND VOLUNTEERS OF AMERICA- COLORADO BRANCH

03092004A002 AMENDMENT TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HUMAN SERVICES OFFICE ON AGING AND REHABILITATION AND VISITING NURSE ASSOCIATION

03092004A003 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM FOR COLORADO STATE UNIVERSITY POLICE DEPARTMENT (The Hub and Juvenile Transportation Services)

03092004A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE REED ACT EXPENDITURE AUTHORIZATION FOR THE USE AND BENEFIT OF THE LARIMER COUNTY WORK FORCE CENTER

03092004D001 DEED OF CONSERVATION EASEMENT BY LARIMER COUNTY IN FAVOR OF THE CITY OF FORT COLLINS (Indian Creek Ranch)

03092004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION IN CRYSTAL LAKES 14TH FILING, LOTS 6 AND 8

03092004R002 FINDINGS AND RESOLUTION APPROVING THE CITY OF FORT COLLINS DRY CREEK PROJECT FLOOD PLAIN SPECIAL REVIEW

03092004R003 FINDINGS AND RESOLUTION APPROVING THE RED FEATHER LAKES COMMERCIAL MOBILE RADIO SERVICE FACILITY SPECIAL REVIEW

LIQUOR LICENSES: The following licenses were both approved and issued Coach House Bar and Grill- Tavern- Loveland, CO and Blue Moon Wine and Spirits (formally known as Larry's Southwest Liquors- Temporary and Change of Ownership- Loveland, CO. The following licenses were approved Polo's (formally known as El Chabasco)- Change of Trade Name- Fort Collins, CO; US Bar and Grill (formally known as Al Fresco's)- Change of Ownership and Trade Name- Fort Collins, CO.

Motion carried 2 - 0.

5. APPROVAL OF THE CULVER CONSERVATION EASEMENT: The Culver Open Space, Ms. Cameron stated, was purchased in 2003 and since then, the County has received a grant from GoCO ($325,000) to offset the cost of the property. Due to the GoCO requirement to have a third party hold an easement, the City of Fort Collins has contributed $200,000 and has agreed to hold the easement. Ms. Cameron requested approval of the Culver Conservation Easement.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Culver Conservation Easement Deed.

Motion carried 2 - 0.

03092004D001 DEED OF CONSERVATION EASEMENT BY LARIMER COUNTY IN FAVOR OF THE CITY OF FORT COLLINS FOR THE CULVER PROPERTY

6. WORK SESSION: Mr. Lancaster stated that he would be out of the office next week and Mr. Gluckman would act on his behalf.

Mr. Lancaster provided the Board an update regarding the Torgelson property. (Opera Galleria residential lofts)

Mr. Lancaster reviewed invitations to municipalities, local representatives, and citizens requesting their participation/representation on the Citizen Criminal Justice Committee.

At the last administrative matters, discussion ensued regarding the 1st reading of the ordinance establishing the Larimer County General Assistance Program. Mr. Lancaster noted that Commissioner Gibson requested the Board review the ordinance every 4-years. To clarify, Mr. Lancaster asked does the Board want the ordinance amended to include the request or have it added to the administrative review of all other ordinances? Consensus of the Board is to add this ordinance to the administrative review list.

Mr. Lancaster stated that the State Courts have requested assistance with parking for jurors during trials. The cost is not expected to exceed $3000 per year and is proposed to be split between the City of Fort Collins and the County and requested approval of $1,500 maximum annually.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a maximum of $1,500 per year and this years contribution coming from Commissioners' Special Projects fund for State Court jury parking.

Motion carried 2 - 0.

Mr. Lancaster also noted that County Board and Commission members as well as press representatives would be receiving "hang tags" for the Courthouse parking lot.

Mr. Gluckman provided the Board with a Legislative update.

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

8. LEGAL MATTERS: Mr. Hass requested approval of the settlement agreement with Neenan Company, LLLP for $150,000 regarding the notice of dispute filed for construction at the Larimer County Fairgrounds and Events complex.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Settlement Agreement between the Board and Neenan Company, LLLP in the amount of $150,000.

Motion carried 2 - 0.

03092004A005 SETTLEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NEENAN COMPANY

EXECUTIVE SESSION (Affidavit Provided)

MOTION

Commissioner Bender moved that the Board of County Commissioner go into executive session at 10:40 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 2 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session after the first session and cited 24-6-402 (4)(a) C.R.S.

Motion carried 2 - 0.

The first executive session ended at 10:50 a.m.; no action was taken. The second executive session started at 10:52 and ended at 11:15 a.m.; no action was taken.

There being no further business, the meeting was adjourned at 11: 16 a.m.

LIQUOR LICENSE HEARING

for

CLUB OSIRUS, INC.

The Board of County Commissioners met with Linda Connors and Bill Ressue, County Attorneys' Office; Chair Rennels presided and Commissioner Bender was present. Also present were Don Johnson, Attorney representing Larimer County; Conrad Swanson, Defending Attorney; Matt Lafferty, Planning Department; Gael Cookman and Dawn Stroh, Clerks' Office; Kevin Wilson, Doug Lee and Mark Hettinger, Poudre Fire Authority (PFA); Deputy Perry Malisani, Sheriffs' Department; Tad Buonamici and Jeff Holder, Owners of Club Osirus; and Jean O'Connor, Clerk to the Board.

Mr. Johnson called Mr. Wilson to the stand and had him sworn in. Mr. Johnson questioned Mr. Wilson regarding his position as Fire Marshall, if the Building Code and enforcement of established occupancy loads. Mr. Johnson also questioned Mr. Wilson regarding several safety issues including candles, netting, access, overcrowding, and blocked emergency accesses and easements.

Mr. Swanson cross-examined Mr. Wilson regarding whether or not the owners of the establishment were ever informed about the violations and if Building Code and PFA Policies were made available to the owners. Mr. Wilson replied in the affirmative to the questioning. Mr. Johnson asked if PFA education efforts with the owners have been successful and Mr. Wilson stated they have not.

Mr. Johnson called Deputy Perry Malisani and he was sworn in. Deputy Malisani described his duties associated with liquor establishments and training. Deputy Malisani also noted that he informed Mr. Buonamici of all offenses and violations and Mr. Buonamici stated that he would take care of everything. Deputy Malisani went on to describe several incidents at the establishment on eight different occasions.

At this time Mr. Swanson objected to several exhibits and there relevancy and that some exhibits have been submitted but were not listed in the complaint.

Chair Rennels requested Mr. Lafferty be sworn in and asked about authorized parking areas. Mr. Lafferty stated that parking is not permitted in any right-of-way or emergency access areas. Nor is parking permitted in the "fingers" or delivery areas.

Mr. Johnson called Mr. Lee and he was sworn in. Mr. Lee stated that he performs inspections for PFA and several at Club Osirus and has informed the principals several times of their occupancy load requirement. Mr. Lee further noted that the same concerns and violations were also told to Mr. Buonamici while he was owner/manager of the Mattrix. Mr. Swanson cross-examined Mr. Lee as to whether or not the owners were informed of PFA concerns and violations. Mr. Lee reiterated that they were informed of all incidents.

Mr. Johnson called Mr. Hettinger and he was sworn in. Mr. Johnson asked Mr. Hettinger to describe situations upon inspections regarding over crowding and parking. Mr. Hettinger stated that on numerous occasions the establishment exceeded capacity by a minimum of 100 patrons and parking in such a manner prohibiting emergency vehicles from getting closer than 80-feet to the establishment.

At this time Ms. Connors noted the hour and that the Board had another commitment and suggested the hearing be continued to Monday. All parties concurred.

MOTION

Commissioner Bender moved that the Board of County Commissioners continue the Show Cause Hearing for Club Osirus, Inc. to 9:30 a.m. March 15, 2004.

Motion carried 2 - 0.

Other Business of the Board

Ms. O'Connor requested the Board approve an agreement with Colorado State University Police Department regarding mutual aid in the event of a disaster.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve an agreement with the CSU Police Department.

Motion carried 2 - 0.

03102004A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO STATE UNIVERSITY POLICE

DEPARTMENT

There being no further business, the hearing was adjourned.

______________________________

KATHAY RENNELS, 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.