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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 30, 2004

There were no Land Use Hearings this date.

TUESDAY, AUGUST 31, 2004

ADMINISTRATIVE MATTERS

(#104)

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gael Cookman, Clerk and Recorder's Office; Gary Buffington, K-Lynn Cameron, Jerry White, Open Lands Department; Marc Engemoen, Public Works Director; Carol Block and Kurt Hayhurst, Finance Department; Donna Hart and Deni Le Rue, Commissioner's Office; Tony Simons, Wildfire Safety Coordinator; Captain Bill Nelson, Sheriff's Office; Linda Connors, Assistant County Attorney; Al Kadera and Claudia DeLude, Planning Department; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. Linda Peregoy and her mother Vera addressed the Board with concerns regarding their business. Ms. Peregoy stated that the business has been in place since the early 1960's, however once a sign was installed, they received a notice stating that the property is not zoned for such use. After contacting staff, Ms. Peregoy continued she was informed that she must prove the business existed prior to the County adopting a zoning resolution in 1963. Ms. Peregoy stated that she is having difficulty in this task prior to 1970, since many of the citizens and/or relatives have passed away. Chair Rennels and Commissioner Bender stated that they would ask some of the "old timers" if they recall the business. Mr. Kadera stated that staff would continue working with Ms. Peregoy.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 23, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 23, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 6, 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 items as presented on the consent agenda:

08312004A001 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BUCKHORN MEADOWS LLC AND BUCKHORN MEADOWS CONSERVATION ASSOCIATION FOR BUCKHORN MEADOWS CONSERVATION DEVELOPMENT

08312004A002 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF TRANSPORTATION (Identify project responsibilities for the improvements on County Road 38)

08312004A003 CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC (County Road 7 paving project and bridge #7-0.4-36 replacement project)

08312004A004 PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOCAL CALLING AREA PARTICIPANTS (Expand the local calling area in northern Colorado)

08312004D001 DEED OF DEDICATION OF PROPERTY BY CWH PROPERTIES LLC FOR USE AS A PUBLIC HIGHWAY

08312004D002 DEED OF DEDICATION OF PROPERTY BY ROBERT A AND LINDA C PALMER FOR USE AS A PUBLIC HIGHWAY

08312004R001 FINDINGS AND RESOLUTION DENYING THE McDONALD SUBDIVISION APPEAL OF SECTION 8.8.4.F

08312004R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN HORSETOOTH LAKE ESTATES LOTS 57 AND 58A

08312004R003 FINDINGS AND RESOLUTION APPROVING THE VACATION OF PARTS OF UTILITY AND DRAINAGE EASEMENTS IN CLYDESDALE PARK PLANNED UNIT DEVELOPMENT 2ND FILING

08312004R004 RESOLUTION CALLING AN ELECTION REGARDING THE LARIMER COUNTY POUDRE OVERLOOK PUBLIC IMPROVEMENT DISTRICT #30

08312004R005 RESOLUTION CALLING AN ELECTION REGARDING THE LARIMER COUNTY WRANGLER MEADOWS PUBLIC IMPROVEMENT DISTRICT #26

08312004R006 RESOLUTION CALLING AN ELECTION REGARDING THE LARIMER COUNTY TROTWOOD RANCHES PUBLIC IMPROVEMENT DISTRICT #28

08312004R007 RESOLUTION CALLING AN ELECTION REGARDING THE LARIMER COUNTY SOLAR RIDGE PUBLIC IMPROVEMENT DISTRICT #21

08312004R008 RESOLUTION RELEASING LOT SALE RESTRICTIONS ON LOTS 2 AND 4 OF THE DOUGLAS FARM EXEMPTION

08312004R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN GLEN HAVEN SUBDIVISION

08312004R010 RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE AND A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY

MISCELLANEOUS: Ball-Kneer boundary line adjustment

LIQUOR LICENSES: The following licenses were both approved and issued Archer's Poudre River Resort- 3.2%- Bellvue, CO; Dunraven Inn- Hotel and Restaurant- Estes Park, CO; and Branding Iron Liquor- Transfer of Ownership and Temporary Permit- LaPorte, CO. The following licenses were approved Gonzolo's Spanish Manor- Modification of Premises- Fort Collins, CO and Gateway Liquor, Inc- Change of Corporate Structure- Loveland, CO. The following license was issued Berthoud Arts & Humanities Alliance- 6% Special Events Permit- Berthoud, CO.

Motion carried 3 - 0.

5. ACCEPTANCE OF FINANCIAL STATEMENTS AND AUDITOR REVIEW: Ms. Block stated that in accordance with statute, staff has prepared the 2003 Comprehensive Financial Report, which has been audited by Grant Thornton LLP. Mr. Dennis Yockey and Ms. Jodi Cates, from Grant Thornton LLP, briefed the Board on the audit and noted compliance with GASB regulations. The Board recognized Ms. Block and her staff for yet another fantastic job managing the County finances.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve and accept the 2003 Comprehensive Financial report.

Motion carried 3 - 0.

6. 2005 WILDLAND URBAN INTERFACE GRANT APPLICATION: Mr. Simons stated that the 2005 Western States Wildland Urban Interface Project applications are due by September 10, 2004. Mr. Simons stated that he would be submitting two applications requesting a total of $105,000. $25,000 would be made available for new community efforts for defensible space, slash piling, etc. The second application would be for $80,000 to continue the cooperative efforts with Emergency Services and Community Corrections with the use of offenders in the alternative sentencing program Mr. Simons requested approval to submit the applications.

Commissioner Bender asked who controls the funds and Mr. Simons stated the Colorado State University administers the funds, but the State Forest Service allocates the funds. Larimer County is required to match funds received and accomplishes this by utilizing in kind services.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the submission of the 2005 Wildland Urban Interface Grant applications.

Motion carried 3 - 0.

7. UPDATE CARTER LAKE SAIL CLUB LICENSE: Mr. Buffington stated that at this point, there is a "gentlemen's agreement" with the Club and briefed the Board on key points of the agreement. Mr. Buffington noted that a written agreement would be provided to the Board on September 7th, 2004 for final approval.

8. SYLVAN DALE CONSERVATION EASEMENT DONATION: Ms. Cameron briefed the Board on the donation of 220-acre Sulzer Gulch from the Jessup family. The parcel, Mr. White stated, is located on the north end of the ranch and is adjacent to already protected conservation easement lands.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the acceptance of Sylvan Dale Ranch conservation easement donation.

Motion carried 3 - 0.

08312004R011 RESOLUTION TO ACCEPT A DONATION OF CONSERVATION EASEMENT ON THE SYLVAN DALE LEGACY LANDS IV

9. RED MOUNTAIN RANCH PROJECT: Mr. White stated that this 13,500-acre ranch is the heart and soul of the Mountains to Plains project and noted that the northern 1300-acres located in the State of Wyoming would be assigned to the Nature Conservancy District.

Commissioner Gibson asked if there would be trails on the southern portion and Ms. Cameron stated there would be no trails but there would be access to trail heads.

The intent of this purchase, Mr. White continued is to place a conservation easement on the entire ranch of which Larimer County would retain approximately 5000-acres fee-simple and the remaining approximately 8000-acres would be traded or sold.

Commissioner Bender asked if the County would determine hunting rights and Ms. Cameron replied that those rights are still under negotiation. Mr. White noted that action taken by the Board today would not preclude options under negotiation.

The Board had questions pertaining to the purchase of the entire ranch, assigning the Wyoming portion and selling or trading a portion. Consensus of the Board is to delay taking action on this item until the County Attorney could be present to answer questions.

10. WORK SESSION: Mr. Gluckman stated that the County Strategic Plan in now complete and thanked the 100+ employees who spent much time developing the plan. The three mission statements of the plan, Mr. Gluckman continued are 1. Building Trust; 2. Public Service; and 3. Communication. Mr. Gluckman recommended the Board adopt the Strategic Plan as presented.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve and adopt the new Larimer County Strategic Plan as presented.

Motion carried 3 - 0.

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

12. LEGAL MATTERS: Ms. Connors joined the meeting for further discussion on the Red Mountain Ranch project. Commissioner Bender stated that he believes if the intent of this purchase is to resell or trade the 8000-acres with a conservation easement, then it should be included in the motion. Ms. Cameron stated that the entire ranch must be purchased in accordance with GoCO requirements and the application that has already been submitted. Future actions regarding the ranch would first be brought to the Board for approval. Ms. Connors noted that the contract for the ranch clearly stipulates the intention to resell or trade any portion of the ranch as well as note that the purchase is contingent upon GoCO funding.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the expenditure of Help Preserve Open Space sales tax dollars to protect the 13,500-acre Red Mountain Ranch in the Laramie Foothills Priority Land Protection Area.

Motion carried 3 - 0.

08312004R012 RESOLUTION FOR ACQUISITION OF THE RED MOUNTAIN RANCH PROPERTY ALSO KNOWN AS THE McMORRIS PROPERTY

13. PUBLIC HEARING FOR 2004 LAW ENFORCEMENT BLOCK GRANT:

MOTION

Commissioner Gibson moved that the Board of County Commissioners recess Administrative Matters and convene a public hearing.

Motion carried 3 - 0.

Captain Nelson reminded the Board that funds received from the grant in 2003 were used to purchase TAZOR guns and this year the Sheriff intends to purchase additional TAZORs. Captain Nelson stated that approximately 100 TAZORs are needed and that the Sheriff currently has 25. The application is for $15,351 and the County will match with approximately $1,500 from the current budget.

Commissioner Gibson stated that recent media reports have stated the TAZOR guns have caused deaths. Captain Nelson stated that allegation has never been proven and that in those cases, there was always drugs or alcohol involved.

Chair Rennels noted for the record, that there is no public present for this item.

There being no further comment, the hearing was closed and the Board adjourned at 10:45 a.m.

LIQUOR LICENSE HEARING

for

SODEXHO MANAGEMENT, INC.

dba

RAMS HORN & COLORADO STATE UNIVERSITY

(#104)

The Board of County Commissioners met at 1:30 p.m. with Linda Connors, Assistant County Attorney; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Bill Resue, County Attorney's Office; Gael Cookman, Clerk and Recorder's Office; Mark Driscoll, CSU Athletic Director; Eric McCray, the applicant; and Jean O'Connor, Clerk to the Board.

Ms. Cookman informed the Board that before the hearing begins, there is a housekeeping issue to address. Ms. Connors stated that the current County resolution addressing optional premise licenses does not address what Sodexho is requesting. As a result, Ms. Connors continued a new resolution has been prepared for the Boards' review.

Commissioner Gibson stated that football has been added as an activity, but why not include soccer. Mr. Driscoll stated that if we are to consider potential events for the future, perhaps lacrosse and concerts should be included. Ms. Connors clarified that the proposed resolution is not specifically for Sodexho and would apply to all optional premise licenses. Discussion ensued regarding statute requirements and specifying specific activities. Ms. Cookman requested the Board approve the resolution as modified.

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

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the resolution pertaining to Optional Premises Liquor Licenses and Permits as amended.

Motion carried 3 - 0.

08312004R013 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY FOR OPTIONAL PREMISES LIQUOR LICENSES AND PERMITS

At this time the liquor license hearing for Sodexho Management, Inc was continued from August 10, 2004.

Ms. Cookman stated that the premises had been posted and submitted exhibits as required showing such. Ms. Connors noted that the exhibits have been entered into the record. Ms. Cookman asked if the Board wanted to discuss a stipulation regarding where alcohol could be served. The Board did not express any concerns.

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

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the addition of an Optional Premises permit to the existing Hotel and Restaurant Liquor License for Sodexho Management Inc., dba Rams Horn and Colorado State University.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 1:45 p.m.

WEDNESDAY, SEPTEMBER 1, 2004

PETITION FOR ABATEMENT HEARING

as requested by

Writer/Standard Pacific Homes

(#105)

The Board of County Commissioners met at 9:30 a.m. with Darren Dahlgren, Assessor's Office; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Brooke Walser and Linda Norman, Assessor's Office; and Jean O'Connor, Clerk to the Board.

Mr. Dahlgren stated that the petitioner is not present and that he believes the petitioner is disputing the number of townhouse sites that were assessed as 50% complete. Mr. Dahlgren stated that when he visited the complex on January 9, 2003, infrastructure was in place on the lots contested and they were therefore assessed as 50% complete.

Chair Rennels asked if the complex is complete at this time and Mr. Dahlgren replied in the affirmative. The median sale price for the lots, Mr. Dahlgren continued is $191,000. Consensus of the Board is that the assessment by staff is fair.

Chair Rennels noted that the petitioner is not present and that there is no public present to comment on this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners deny the petition for abatement as recommended by the County Assessor for the following parcels 86054-65-021 to 86054-65-028; 86054-71-001 to 86054-71-018; 86054-74-006 to 86054-74-017; 86054-86-001 to 86054-86-001 to 86054-86-009; and 86054-86-011.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 9:45 a.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

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.