MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 28, 2004

LAND USE HEARING

(#75)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty, Porter Ingram, Geniphyr Ponce-Pore, Karin Madson, and Claudia DeLude, Planning Department; Tom Garton and Candace Phippen, Building Department; Frank Lancaster, County Manager; Doug Ryan, Health Department, Roxann Hayes, Engineering Department; George Hass, County Attorney; Jeff Sigler, Estes Park Code Enforcement; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that before the Land Use Hearing begins, there are some administrative matters to take care of.

Ms. O'Connor requested the Board approve a resolution ordering a public hearing to consider petitions for a public improvement district for Vine Drive on July 19, 2004 at 7:15 p.m.

MOTION

Commissioner Gibson moved that the Board of County Commissioners order a public hearing to consider petitions for a public improvement district for Vine Drive on July 19, 2004 at 7:15 p.m.

Motion carried 3 - 0.

Mr. Lancaster noted that in light of the recent weather, would the Board consider amending or eliminating the current fire restrictions in Larimer County? The Sheriff, Mr. Lancaster continued agrees with lifting the restrictions on open fires but maintain the restrictions on the use of fireworks and public fireworks displays as described in the Resolution approved May 25, 2004.

Chair Rennels questioned a restriction of public fireworks displays and Mr. Lancaster stated that as in the past, public display organizers could request permission from the local fire authority. Much discussion ensued regarding State law, which allows for the sale of fireworks but prohibits the use of fireworks. Commissioner Gibson stated that he could not support the restriction of sparklers.

MOTION

Commissioner Bender moved that the Board of County Commissioners lift the restrictions on open fires, but maintain the restrictions on the use of fireworks and public fireworks displays as described in the Resolution Declaring Fire Restrictions in Larimer County, approved on May 25th, 2004.

Motion carried 2 - 1; with Commissioner Gibson dissenting.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Helmick requested item #3 West Hiawatha Heights be tabled to July 19, 2004 at 3:00 p.m. at the request of the applicant and item #4 Crystal Lakes 16th Filing Section 8.1.5 Appeal be tabled to July 26, 2004 at 3:00 p.m. at the request of the applicant.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the West Hiawatha Heights Block 9 Lots 12-17 Amended Plat to July 19, 2004 at 3:00 p.m.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Crystal Lakes 16th Filing Section 8.1.5 Appeal to July 26, 2004 at 3:00 p.m.

Motion carried 3 - 0.

1. CLYDESDALE PARK PUD 2ND FILING LOTS 32, 37, 42, 50, 67, 96, 98, & 114 EASEMENT VACATION: NE 1/4 OF 15-07-68; LOCATED ON THE SOUTH SIDE OF HIGHWAY 14, APPROXIMATELY 1/2 MILE EAST OF I-25

This is a request to vacate portions of the existing utility and drainage easements on Lots 32, 37, 42, 50, 67, 96, 98, & 114 of the Clydesdale Park PUD 2nd Filing. Staff recommendation is approval as outlined in the documentation from the applicant and authorize the Chair to sign the plat when presented for signature.

2. AMENDED PLAT AND EASEMENT VACATION FOR CRYSTAL LAKES 8TH FILING LOTS 102 AND 103: NE1/4 OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 74 IN THE CRYSTAL LAKES SUBDIVISION 8TH FILING AT THE INTERSECTION OF OTTAWA WAY AND PAMLICO COURT

This is a request to amend the plat of Crystal Lakes 8th Filing for Lots 102 & 103 and to vacate those easements located on the common lot lines between these lots in order to create a buildable residential lot. Staff recommendation is approval of the amended plat and the vacation of the 15' utility easement located on the common lot line subject to the following conditions 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by December 28, 2004 or this approval shall be null and void; 2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots; 3. Vacation of the easement shall not be effective until the amended plat is recorded in the Larimer County Records.

MOTION

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

Motion carried 3 - 0.

5. GLOEGGLER EXTENDED FAMILY DWELLING: NE 1/4 OF SECTION 29, TOWNSHIP 8, RANGE 69W. LA PORTE, CO

This is a request to discuss the intentions/regulations pertaining to the original approval for an Extended Family Dwelling, approved on a .813 acre property, with public water and sewer. Ms. DeLude briefed the Board on the history of this violation/extended family dwelling. Ms. Phippen stated that the Gloeggler family had come into the office this morning and have decided to make the newer double-wide modular home (DWMH) a permanent addition and they are willing to comply with all County regulations, and that they believe the entire matter could be completed within 90-days. Ms. Phippen stated that staff is recommending the following:

1. The Extended-Family Dwelling subject to Planning File 02-SP0082 approved by the Larimer County Board of County Commissioners on March 4, 2003, is hereby revoked.

2. Within thirty (30) days from the date of this hearing (June 28, 2004), the owners must: a) Obtain an engineer's report addressing the permanent addition requirements itemized below; b) Obtain a building permit to use the second modular home on the property as a permanent addition to the existing double-wide modular home. The engineer's report described in paragraph a) above and all other requirements shown on the permanent addition requirements itemized below must accompany the permit application; c) Apply for a temporary certificate of occupancy (TCO) to use the second modular home on the property for storage purposes only. The TCO will be valid for a period not exceeding ninety (90) days from the date of this hearing. Once the TCO is issued, the owners will be allowed to store exercise/medical equipment currently located on the property in the second modular home. No other use or occupancy of the second modular home will be allowed until final inspection approval is granted by the Larimer County Building Department under a valid permit for use of the second modular home as a permanent addition; d) All other junk and debris located on the property must be removed from the property.

3 . Within ninety (90) days from the date of this hearing, the owners must complete

construction recommended by the engineer and authorized under the building permit for the use of the second modular as a permanent addition, and obtain all required inspection approvals under the permit.

4. If either of the deadlines set out in paragraphs 2 and 3 above are not met, the owners must remove the second modular home from the property. If the owners do not voluntarily remove the home, the Larimer County Attorney's Office is authorized to commence a legal action to remove the second modular home from the property.

GLOEGGLER PERMANENT ADDITION REQUIREMENTS

The following information must be submitted with a building permit application in order to convert a doublewide manufactured home (DWMH) into an addition for another DWMH:

1. Submit a letter to the Larimer County Planning Director requesting that the extended family dwelling approval be abandoned and that Building Permit 02-B1189 for the extended family dwelling be withdrawn.

2. Apply for a building permit to use the second DWMH as an addition to the original home. The addition must be placed on a permanent foundation. One entryway to the home, including the addition, is allowed. One gas meter and one electrical meter is allowed for the entire structure. A common interior passageway between the existing structure and the addition is required. The kitchen in the DWMH used for the addition would need to be removed and remodeled into another room use. The application for the addition permit must include: (a) Foundation plans designed by a Colorado licensed engineer or a soils report stating that the addition may rest on a conventional footing and foundation design; (b) Building plans, drawn to scale, showing a continuous, pitched roof and foundation to avoid roof leaks and racking of the addition and original home; (c) Four copies of a plot plan, drawn to scale, showing: all dimensions of property lines, direction north identified, easements for utilities, name of all adjacent roads and waterways, driveway locations, existing structures, labeled as to their use, distance from structures to all property lines and to the centerline of all adjacent roads and waterways; (d) Two complete sets of building plans, drawn to scale, or an original engineer's evaluation need to be submitted with the permit application showing how the above conditions are being met; (e) Two copies of a floor layout plan, drawn to scale, showing the dimensions of the original home and the addition, identifying the use of each room, showing window sizes, door swings and sizes, plumbing fixture placement, stairways, outside decks, additions, etc; (f) A check for the plan review process to begin. Call the Building Department for submittal fee amounts (498-7700).

After the building permit application, building plans and required evaluation letters are received by the Building Department, approvals from applicable departments are obtained and final permit fees are paid, a building permit is issued and inspections performed by the Building Department.

You must also obtain a permit from the State Electrical Board. Larimer County does not issue electrical permits or conduct electrical inspections. Electrical permit forms are available in our office or at the State Electrical Board located at 3842 S. Mason, Fort Collins, Colorado, (970) 223-9838.

Chair Rennels asked if zoning violations still exist and Ms. DeLude stated that the issues are mostly resolved. Mr. Garton stated that if the storage of the exercise/medical equipment is an issue with the neighbors, the Gloeggler family could be issued a temporary certificate of occupancy (TCO) for storage purposes only within the newer DWMH.

Chair Rennels stated that this matter needs to be finalized and supports revoking the extended family dwelling. Commissioner Gibson asked how the motion should be worded and Ms. O'Connor suggested that the motion state that the extended family dwelling be revoked and the newer DWMH become a permanent addition as recommended by staff and outlined above.

MOTION

Commissioner Gibson moved that the Board of County Commissioners revoke the extended family dwelling and approve the newer DWMH becoming a permanent addition as recommended by staff and outlined above. If the deadlines set out in paragraphs 2 and 3 of the staff recommendation are not met, the owners must remove the second modular home from the property. If the owners do not voluntarily remove the home, the Larimer County Attorney's Office is authorized to commence a legal action to remove the second modular home from the property.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:30 p.m.

WEDNESDAY, JUNE 30, 2004

LIQUOR LICENSE HEARING

CITY LIMIT LOUNGE

(#76 & 77)

The Board of County Commissioners met at 9:00 a.m. with Linda Connors, Assistant County Attorney; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gael Cookman, Clerk' office; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that the purpose of this hearing is to take testimony for a new Tavern Liquor License for KSV LLC dba City Limits Lounge located at 320 S Link Lane in Fort Collins, CO.

Ms. Connors noted for the record that the applicant has filed all necessary forms and has complied with all requirements. Also for the record, Ms. Connors asked and noted that there is no one present in opposition of this license and called the applicant forward for testimony.

Mr. Kyle Villers was sworn in and stated that he is the owner of the establishment and submitted exhibit 1-posted notice and exhibit 2-petition of the area, which also did not receive any opposition. Mr. Villers stated that he has been in the restaurant/lounge business for several years and intends to maintain a full security staff, each patron will be carded at the door and that there will not be any under age nights.

Ms. Connors asked how the establishment intends to handle intoxicated patrons and Mr. Villers stated that he works with a limousine service as well a taxi service and/or would drive patrons home.

Chair Rennels asked if the entrance is shared with Castillions and Mr. Villers replied in the affirmative noting that a physically locked gate would separate the two establishments once the restaurant closes. Chair Rennels stated that this Board is not known for leniency when it comes to liquor licenses.

Ms. Connors asked if the establishment would rely on the restaurant to fulfill food requirement and Mr. Villers replied in the affirmative, but that after hours, he would maintain a supply of snacks. Ms. Connors asked if the establishment realizes that separate registers must be kept for the sale of food and alcohol and again Mr. Villers replied in the affirmative.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a Tavern Liquor License to KSV LLC dba City Limits Lounge.

Motion carried 3 - 0.

Ms. Cookman requested the Board approve a transfer of ownership and the issuance of a temporary optional premises liquor license to Mountain Vista Greens.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a transfer of ownership for Mountain Vista Greens and the issuance of a temporary Optional Premises Liquor License.

Motion carried 3 - 0.

At this time the Board recessed until 9:30 a.m.

LIQUOR LICENSE HEARING

TO RECONSIDER THE SUSPENSION OF THE

CLUB OSIRUS LIQUOR LICENSE

(#76 & 77)

The Board of County Commissioners reconvened with Linda Connors, Assistant County Attorney; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gael Cookman, Clerk's office; Matt Lafferty, Planning Department; Tad Buonamici, Jeff Holder and Chris Bailey, Club Osirus; Kevin Wilson, Poudre Fire Authority Fire Marshall; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the purpose of this hearing is to consider testimony, which may influence the Board to reduce the suspension period for the Club Osirus liquor license.

Ms. Cookman provided past history of the establishment and the partners. Ms. Connors noted that on March 15, 2004 the Board suspended the Club Osirus license for six-months, commencing April 1, 2004. Recently, Ms. Connors continued the partners of the establishment submitted a written request to reconsider and reinstate the liquor license for Club Osirus.

Mr. Jeff Holder stated that he has been through a wide range of emotions since becoming involved with Club Osirus and the suspension of the license. First, Mr. Holder continued he was angry with his partner for breaking a trust, and then angry with himself for entering into this deal so naively. Mr. Holder stated that he submitted an action plan to staff a few weeks ago for consideration and that the goal is to provide a fun and safe establishment.

Commissioner Gibson stated that the removal of Mr. Buonamici as club manager would not fix the problems, ultimately the owners are responsible. Mr. Holder concurred and noted that Club Osirus has hired an experienced club manager with 15+ year's experience and the plan is to approach management as a team.

Commissioner Bender asked the purpose of the bar code reader and Mr. Holder stated that it is used to control underage drinking, which is realized to be of great concern to the Board. The scanner will read an ID and automatically determine the age and validity of the ID and its' holder. Mr. Holder stated that he believes the scanner will be a deterrent to anyone trying to pass a fake ID.

Commissioner Bender asked about 18 & Over Nights and Mr. Holder emphatically stated that the club would never have another of those nights and he would accept that as a condition. Chair Rennels asked, for the record, that Mr. Holder repeat the fact that there would never be another 18 & Over Night at the establishment and Mr. Holder obliged.

Chair Rennels referred to the proposed 40 - 50 patrons "waiting line" to get in and the previous concerns of the fire and sheriff's departments. Mr. Holder stated that he would comply with the recommendation of the Sheriff's department and added that if the establishment were at capacity, a security guard would be placed at the vehicle entrance to turn patrons away.

Ms. Connors requested an explanation of the corporate structure. Mr. Holder stated that he is the only officer now, but that Mr. Buonamici still holds 85% of the stock. The by-laws, Mr. Holder continued have been changed in that any changes/decisions regarding the establishment must receive a unanimous vote of the shareholders. Ms. Connors asked the policy regarding fake IDs and Mr. Holder stated that fake IDs would be confiscated and entrance would be refused. He would also ask the Sheriff's office if they want a call. Ms. Connors asked if the Incident Log would include detailed action taken by the owners to mitigate situations and if that would be available to the Board upon request and Mr. Holder replied in the affirmative.

Mr. Bailey was called and sworn in and Ms. Connors asked his credentials. Mr. Bailey stated that he spent 8-years in the Air Force trained in nuclear security, attended college for business administration, 15+ years in the restaurant/bar business, certified in alcohol and tips training, and is currently employed as a restaurant manager in Cheyenne, Wy. Mr. Bailey stated that he believes it is the responsibility of all employees to monitor and maintain the safety of all patrons.

At this time the hearing was opened to the public and Mr. Wilson encouraged the Board to continue the suspension of the license for the duration of their original findings. Mr. Wilson stated that there had been multiple incidents of overcrowding, the parking issue is still unresolved, the entrance is insufficient to use as both an entry and exit, and the establishment must have 2-counters, 1 in and 1 out. Mr. Wilson clarified that the occupancy load is 299 excluding employees. Mr. Wilson stated that he would be happy to meet with the owners to resolve these issues.

Commissioner Bender asked if another three months suspension would make a difference and Mr. Wilson stated that he believes nothing would ever change, he has dealt with these parties for years at different establishments and still the same problems exist.

Chair Rennels stated that Club Osirus could have just served their suspension and gone back to business, however Mr. Holder has gone to great lengths to establish a new plan, and the Board is in the position to place conditions on the license, which could not be done if the entire sentence had been served. Mr. Wilson stated that the issues are the number of patrons, storage of supplies at/near the accesses, the need for one entrance and one exit not both at either, and monitors can not also be counters.

Commissioner Gibson asked if there is sufficient parking if patrons are not allowed to park in the "fingers" and Mr. Wilson stated that the Planning Department only approved parking along the perimeter.

There was no other public present to comment. Mr. Holder stated that there has only been two documents incidents of overcrowding, they have always used counters for patrons entering and leaving, and that no one has ever been issued a parking ticket for parking in the fingers.

Mr. Lafferty addressed the Board and clarified that when the Mulberry Commercial Park was heard before the Board, parking in the fingers was not approved due to safety concerns. Parking was only approved along the perimeter. Parking within the fingers was intended for short-term delivery purposes only.

Mr. Buonamici was sworn in and addressed the Board by apologizing and clearly stating that there would never by another 18 & Over Night at the establishment and that he agrees with everything Mr. Holder has stated and agreed to.

Chair Rennels stated that she agrees with the re-structuring of the Corporation and the proposed action plan. However, there is still a need to address the concerns of Poudre Fire Authority and additional discussions with Planning, PFA, the applicants and the owner of the industrial park, Larry Smith et al regarding parking.

Commissioner Bender stated that the plan submitted is constructive but that the big issue is parking, which impacts response time if there is ever a real emergency. Mr. Holder consents to work with PFA, Commissioner Bender continued yet continues to rationalize that parking should be allowed. Commissioner Bender suggested that re-instatement be denied.

Commissioner Gibson also agreed with the new plan and that there would be no more 18 & Over Nights, but wondered why make them wait until August 1st. Chair Rennels stated that additional discussions are necessary and would allow time for them to occur before opening.

MOTION

Commissioner Gibson moved that the Board of County Commissioners conditionally re-instate the Tavern liquor license for Club Osirus effective August 1, 2004.

Ms. O'Connor asked if the Board wanted to include the previously discussed conditions in the motion and Chair Rennels replied in the affirmative and asked for a list.

Ms. O'Connor stated the following shall be completed or scheduled prior to August 1, 2004:

1. Alcohol and tips training for all employees with Lt. Sullivan or other qualified entity;

2. Compliance with the submitted Action Plan and Parking Plan;

3. Incident log and action taken to resolve any issues to be available to the Board or their designee upon request;

4. Recommendation for the locations for parking, and the number of disabled spaces to be determined by Planning Staff, PFA after additional discussions with the condominium owners;

5. Owners are to work with PFA and submit a written agreement regarding access prior to August 1, 2004;


Motion carried 2 - 1; with Commissioner Bender dissenting.

Mr. Wilson claified that PFA does not dictate parking and requested the record show that PFA would work with Planning, but that PFA only enforces and calculates occupancy loads.

Mr. Holder clarified that there is to be no parking in the fingers at this time and the Board replied in the affirmative.

There being no further business, the hearing adjourned at 12:10 p.m.

__________________________________

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