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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MAY 30, 2005

 

County offices were closed in observance of the Memorial Day Holiday.

 

 

TUESDAY, MAY 31, 2005

ADMINISTRATIVE MATTERS

(#53 & 54)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster, Chair Pro-Tem Gibson presided, and Commissioner Wagner was present.  Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioner's Office; Dale Miller, Road & Bridge Department; Marc Engemoen, Public Works Department; Rusty McDaniel, Engineering Department; Jim Reidhead, Rural Land Use Center; Philip Bee, Land Owner for the Boxelder Heights Rural Land Use Plan; Andy Paratore, Information Management Department; Bob Brummel, and Alicia Herbstreit, Loveland Daily Reporter-Herald;  George Hass, and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.   PUBLIC COMMENT:  Chris Doyle addressed the Board with concerns regarding a property owner that purposely digs holes in the North Hollywood Road in order to slow down motorists and to discourage them from using the road at all.  Mr. Doyle stated that the road is in very bad condition, it is unsafe, and he requested the County's assistance in this matter.   Mr. Engemoen explained that they are aware of this situation and it has been an ongoing problem with the individual, but as of yet, have not been able to come up with a long term solution.      

 

2.   PUBLIC HEARING FOR ADOPTION OF FIRE RESTRICTION ORDINANCE:  Mr. Lancaster requested the Board's approval on adopting the Fire Restriction Ordinance.  He explained that approving the ordinance will not impose a fire ban at this point; it merely gives the Board the option of imposing a ban should it become necessary.    Commissioner Wagner questioned some verbiage in the ordinance under Section 2.1.D, and suggested removing the requirement that a vehicle or person must be stopped while smoking, as this seemed a bit unclear and unnecessary.  Commissioner Wagner also questioned clarification on public versus private fireworks displays, and whether or not the $10.00 surcharge for violating the ordinance was sufficient.  There was no public comment on this item. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Fire Restrictions Ordinance with the deletion of "while stopped" in Section 2.1.D, a typographical error in Section 2.4, and further direction to staff to investigate whether or not the $10.00 surcharge fee for violations is sufficient.

 

Motion carried 2-0.

 

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 23, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of May 23, 2005, as amended.

 

Motion carried 2-0.

 

4.  REVIEW THE SCHEDULE FOR THE WEEK OF JUNE 6TH AND JUNE 13TH, 2005:   Ms. Hart reviewed the upcoming schedules with the Board.

 

5.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 31, 2005:

 

05312005A001           MOBILE RADIO COMMUNICATION SYSTEM CONSULTANT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CTA COMMUNICATIONS, INC.

 

05312005A002           ADDENDUM FOR CIVIL ENGINEERING DESIGN AND/OR DRAFTING SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STANTEC

 

05312005A003           ROAD MAINTENANCE AGREEMENT FOR VENNER RANCH GID 18 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROD'S ROAD, INC.

 

05312005R001           RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR HIDDEN VALLEY ESTATES II RURAL LAND USE PLAN

 

05312005R002           RESOLUTION RELEASING LOT SALE PROHIBITION FOR LOT SEVEN OF THE ROTH RURAL LAND USE PLAN; 02-S1974

 

LIQUOR LICENSES:  The following licenses were approved and issued:   Western Ridge Restaurant and Resort - Hotel & Restaurant Transfer of Ownership with Temporary Permit - Livermore; Rocky Mountain Gateway #2 - 3.2% - Estes Park.

 

Motion carried 2-0.

 

6.   RECOGNITION OF PURCHASING DEPARTMENT:  Mr. Lancaster praised the Purchasing Department for receiving accreditation by the National Institute of Governmental Purchasing (NIGP) and for 100% of their buyers becoming professionally certified, both of which are huge accomplishments.  Ms. Rowe explained that this is the first time in history that Larimer County has been accredited, and the certification requires that their buyers go through extensive testing and training and earn continuing education points in order to be recertified every five years.   The Board congratulated Ms. Rowe and her employees on their achievements.  Mr. Lancaster also commended Ms. Carol Block, Finance Director, for being chosen to serve on the Governor's State Advisory Committee for Governmental Accounting. 

 

7.   RECOGNITION OF 125 YEARS OF SERVICE BY THE LOVELAND REPORTER DAILY HERALD:  Chair Pro Tem Gibson stated that the Loveland Reporter Herald has been in existence for 125 years, and noted that the Board has a proclamation to present in honor of this milestone.  Mr. Brummel explained that there will be a special edition of the Reporter Herald on Wednesday, June 1, 2005, which will include historical photos; he noted that there will also be a community celebration on Saturday, June 4, 2005 and he invited the Board to attend this event.  Chair Pro Tem Gibson read the proclamation aloud.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners proclaim June 4, 2005 as Reporter-Herald Day in Larimer County.

 

Motion carried 2-0.

 

8.  BOXELDER HEIGHTS RURAL LAND USE PLAN (RLUP):   Mr. Reidhead explained that the Boxelder Heights Rural Land Use Plan (formally known as the Bee Rural Land Use Plan) is being presented for final approval with the following two changes:  1) There was a discrepancy in the legal description on the deed which needed to be amended, and now the County's Findings and Resolution must be amended to reconcile the discrepancy between the two legal descriptions.  2)   The newly approved standards for Rural Land Use Plans calls for the use of a private engineer to design and approve the construction plans, rather than utilizing the County's Engineering Department and this needs to be included as a modification to the conditions of approval.   Commissioner Wagner questioned the size of the project.  Mr. Bee explained that the RLUP consists of 290 acres, with 16 residential lots, 3.5 acres in size.  Mr. Bee further noted that 210 acres will be dedicated as a Conservation Easement, and that the Homeowners Association will determine if the Conservation Easement will be farmed or left as open space.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Boxelder Heights Rural Land Use Plan, 02-S1971, including the changes outlined and related documents.

 

Motion carried 2-0.

 

05312005A004           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR BOXELDER HEIGHTS RURAL LAND USE PLAN BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BEE'S INC., AND BOXELDER HEIGHTS HOMEOWNERS' ASSOCIATION

 

05312005R003           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BOXELDER HEIGHTS RURAL LAND USE PLAN

 

05312004R004           SUPPLEMENT TO FINDINGS AND RESOLUTION APPROVING THE BEE PRELIMINARY RURAL LAND USE PLAN (NOW REFERRED TO AS THE BOXELDER HEIGHTS RURAL LAND USE PLAN)

 

MISCELLANEOUS:  FINAL PLAT FOR BOXELDER HEIGHTS RURAL LAND USE PLAN, 02-S1971

 

9.  COUNTY ROAD 16 AND COUNTY ROAD 7 RIGHT-OF-WAY DISCUSSION:  Mr. Miller explained that the Road and Bridge Department is looking at the possibility changing the use of public rights-of-way by limiting vehicular access on two sections of county roads; however, the rights-of-way would remain open to the public for walking, biking, horseback riding, etc.  Mr. McDaniel explained that County Road 16 would be closed across the dam and spillway of the South Side Reservoir, between County Road 17 and County Road 19.  He further explained that County Road 7 would be closed at the bridge that crosses the Fossil Creek Reservoir Inlet Ditch about 1/3 of a mile south of County Road 36.  Mr. McDaniel noted that both roads have low volume usage and impact to the traveling public would be minimal.  He further noted that County Road 7 has been in need of repair and has been on the replacement plan for a couple of years now; however the adjacent land is owned by the City of Fort Collins and they requested the closure in order to connect to their trail system.  Mr. McDaniel noted that the surrounding home owners have been notified of the potential road closures and the majority of those that responded support the closure of these roads.    Some discussion ensued with Commissioner Wagner questioning whether or not the City of Fort Collins planned to annex the area surrounding County Road 7.  Mr. McDaniel replied in the affirmative.  Mr. Miller stated that they will proceed in this direction and will eventually bring back a formal resolution for the Board to sign in order to change the use of these rights-of-way.

 

10.  IMPLEMENTATION OF INFORMATION TECHNOLOGY DELIVERY REQUEST FOR APPROVAL:  Mr. Lancaster noted that the Board has already approved the concept of reorganizing the Information Technology (IT) services county-wide towards a more integrated environment which will include the use of Business Analysts, a Governance Board, and a Standardization Board.  Mr. Lancaster noted that this request is for approval of the "fiscally constrained" option for the new IT Service Delivery Model not to exceed $185,000 in yearly organizing funds and one-time funds of $75,000.  Mr. Paratore explained that the costs are associated with the reclassification of jobs into the Business Analysts positions.  Commissioner Wagner questioned how Mr. Paratore will address the possibility of employee lay-offs.  Mr. Paratore noted that whenever possible individuals will re-trained and mentored to gain the skill sets that they might be lacking; however, there may be some instances where the individuals just do not fit the job, and other instances where individuals may choose to seek employment elsewhere.  

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the "fiscally constrained" option for new IT Service Delivery Model not to exceed $185,000 in yearly ongoing funds and one-time funds of $75,000.

 

Motion carried 2-0.

 

11.  DISCUSSION OF LOBBYING THE GOVERNOR'S OFFICE ON SPECIFIC BILLS:  Mr. Gluckman noted that Commissioner Wagner has suggested the possibility of sending a letter on behalf of the Board to the Governor requesting his support of Senate Bill 59 - regarding the creation of Mental Health Districts elected by the voters, House Bill 1331 - which pertains to affordable housing, and Senate Bill 224 - regarding the Urban Renewal Authority.  The Board was in support of this action and directed Mr. Gluckman to draft a letter for the Commissioners to sign and forward to the Governor requesting him to approve these three pieces of legislation.

 

12.  WORKSESSION:   Mr. Lancaster explained that currently the Board's work sessions are broadcast live over the Internet for the listening public, but are not archived for individuals to play back at a later date.   Mr. Lancaster asked if the Board would like to enable this feature to accommodate those who might not be able to listen to the meeting at the time it is aired.  The Board agreed that this would be a good idea and asked Mr. Lancaster to work with the County's Web Master to accomplish this.

 

13.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

14.  LEGAL MATTERS:   Mr. Hass explained that the Property Tax Administrator has granted the Estes Park YMCA a property tax exemption, which will negatively affect both the County and Estes Park community in terms of dollars lost to support school systems, the hospital, library, etc.  Mr. Hass stated that Grand County will also be greatly affected by this action and they have indicated that they will appeal this determination.  Some discussion ensued and Mr. Hass explained that the attorney for the YMCA has stated that if the Board does not appeal this action, then they are willing to reduce the amount that the County will retroactively owe the YMCA, which amounts to approximately $750,000.   Mr. Hass stated that if the Board wished to further discuss this offer in detail, then that discussion would need to be held in Executive Session.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402-(4) (b) C.R.S.

 

Motion carried 2-0

 

The Executive Session ended and the following action was taken:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners appeal the YMCA Tax Determination to the Board of Assessment Appeals. 

 

Motion carried 2-0.

 

The meeting adjourned at 11:45 a.m.

 

 

WEDNESDAY, JUNE 1, 2005

 

 

LIQUOR LICENSE HEARING

FOR CLUB LYNX

 (#55)

 

The Board of County Commissioners met at 2:00 p.m., with George Hass, County Attorney.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present was Gael Cookman, Deputy Clerk.

 

Mr. Hass stated that the purpose of this hearing is to consider the application for a Tavern Liquor License for Club Lynx, located at 2649 East Mulberry, Unit #26, Fort Collins, Colorado.  Mr. Hass noted for the record that the applicant has filed the necessary forms, has complied with all requirements, and public notices for the hearing have been properly posted. 

Alan Gooch was sworn in and stated that he is the owner of the establishment and submitted exhibits 1 & 2, the petitions of the surrounding area, and the posting of notice on his premises alerting the public of his intent to apply for a liquor license.  Mr. Gooch stated that he was aware of the previous owner having difficulty controlling the 18 and up nights, and he explained that whenever 18 to 20 year olds are in his establishment then he will only allow alcohol consumption upstairs.   Mr. Gooch also explained that he will both stamp and band the patron that are allowed to drink in order to have a double check against underage drinking.  Finally, Mr. Gooch displayed a machine that he will use to check for false Identification Cards; he explained that every ID will be scanned by the machine which ensures the card is valid. 

Carrie Gooch, co-owner, was sworn in and explained that all of the bartenders and staff would be trained to spot intoxication, false ID's, and to become familiar with the liquor laws of Colorado.  Chair Rennels asked who circulated the petitions and Ms. Gooch stated that they hand carried them door to door and only one person signed in opposition to the license.  Chair Rennels asked if the new owners understood the legal parking areas, as this was an issue with the previous owners.  Ms. Gooch replied in the affirmative.  Mr. Gooch noted that they have requested a meeting with the Poudre Fire Authority in order to re-evaluate their occupancy load since they have removed some tables and chairs.  Commissioner Wagner questioned the financing of the business, and Ms. Gooch explained that they will be making weekly payments to the previous owner, Mr. Tad Buonimici.  The Board agreed to approve issuance of the license, but warned Mr. and Ms. Gooch that there will be a spotlight on them due to the fact that this establishment has a prior records of incidents.  Mr. Hass noted for the record that there was no public in attendance to comment on the application.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the approve the application for a Tavern Liquor License for Club Lynx, located at 2649 E Mulberry St #26, Fort Collins, Colorado. 

 Motion carried 3-0.

 

The meeting adjourned at 2:20 p.m.

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.