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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JANUARY 23, 2006

 

There were no land use hearings held on this day.

 

TUESDAY, JANUARY 24, 2006

 

ADMINISTRATIVE MATTERS

(#7)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Pro-Tem Wagner presided and Commissioner Rennels was present.  Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Gerald Blehm, Health Department; Candace Phippen, Building Department; Dave Spencer, Facilities Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

1.   PUBLIC COMMENT:  Brian Schumm thanked the Board for their efforts regarding zoning enforcement.  However, he noted that the same violations are again taking place at 209 East Skyway in Fort Collins.  Mr. Schumm asked the Board to reconsider utilizing some sort of leverage (such as fines) to assist in enforcing zoning violations.

 

Pati Caputto and Virginia Brown, representatives from the Clean Water Advocates, stated their concerns with fluoridation in the water.  Ms. Caputto noted that there should be more public education, especially for the high risk groups, and education for farmers and ranchers, as to how fluoride in the water can harm animals.  Ms. Caputto stated that there needs to be more opportunities to test individuals and animals for fluoride poisoning.  Commissioner Rennels suggested that Ms. Caputto and Ms. Brown put their requests in writing and forward them to the Board of Health and the Agricultural Board.  Mr. Blehm recommended that they contact the State Board of Health as well, and stated that regardless of the position that the Board of Health has taken on this issue, they always want the opportunity to respond to citizen concerns. 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 16, 2006

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of January 16, 2006, as amended.

 

Motion carried 2-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF JANUARY 30, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   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 January 24, 2006:

 

01242006A001           AGREEMENT FOR OCCUPATIONAL HEALTH SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONCENTRA HEALTH SERVICES, INC., DBA CONCENTRA MEDICAL CENTERS

 

01242006A002           HUMAN RESOURCES SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND UNITED WAY OF LARIMER COUNTY

 

01242006A003           DEVELOPMENT AGREEMENT FOR THE AMENDED SPECIAL REVIEW FOR DRY CREEK STORAGE P.U.D. (#03-Z1489) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANNA DEE HALLAM

 

01242006A004           ADDENDUM TO BUSINESS LOAN AGREEMENT AND PROMISSORY NOTE FOR DRY CREEK STORAGE P.U.D. BY AND BETWEEN CENTENNIAL BANK OF THE WEST AND AMERICAN STORAGE TRAILER LEASING OF FORT COLLINS, INC.

 

01242006R001           LARIMER COUNTY/5311 RESOLUTION AUTHORIZING THE BOARD PRESIDENT TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON-URBANIZED AREAS

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Polo's - Hotel and Restaurant - Fort Collins; Sundance Steakhouse and Saloon - Hotel and Restaurant - Fort Collins; Hilltop General Store - Retail Liquor Store - Red Feather Lakes; Hilltop General Store - 3.2% - Red Feather Lakes.

 

Motion carried 2-0.

 

5.  REVISION TO RESOLUTION CONCERNING CITIZEN REVIEW PANEL (CRP):  Mr. Lancaster explained that the revision to the CRP resolution concerns reducing the number of members serving on the panel to a minimum of five.  He noted that there were some difficulties recruiting qualified individuals for this panel, and the changes will provide flexibility in appointments, while ensuring that all members are qualified to serve.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the revised resolution concerning the Citizen Review Panel, allowing no less than five members.

 

Motion carried 2-0.

 

01242006R002           RESOLUTION APPROVING REVISED MEMBERSHIP REQUIREMENTS AND GUIDELINES FOR THE CITIZEN REVIEW PANEL AND CONFLICT RESOLUTION PROCESS CONCERNING THE CONDUCT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES PERSONNEL IN PERFORMING THEIR DUTIES

 

6. REQUEST FOR APPROVAL OF ABATEMENT OF A HEALTH THREAT AND FOR AUTHORITY TO ESTABLISH A SPECIAL REVOLVING FUND TO PAY FOR THE ABATEMENT WORK:  Ms. Phippen explained that Attorney William G. Kaufman requested Larimer County Code Compliance staff to conduct an on-site inspection of a home in which the 85-year old owner recently passed away in.  Ms. Phippen stated that Mr. Kaufman represents the owner's estate, and when the Coroner's Office went to the home to retrieve the body, they found the interior of the home full of filth, animal feces, mice, etc.  Mr. Kaufman requested the inspection in order to determine if the home posed a health threat.  Ms. Phippen stated that Rich Grossman, from the Environmental Health Department, assisted in the inspection conducted by staff and determined that the residence is not habitable and does indeed pose a health threat.  Ms. Phippen requested that the Board approve the abatement of this health threat, and further explained that they will file a lien on the property so the County can recoup the funds once the home is sold.   Mr. Spencer stated that the County has performed this type of abatement work in the past, and requested the Board authorize the establishment of a revolving fund to pay for the abatement work.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the request to abate a health threat at 2609 Cherly Street, Fort Collins, Colorado, and for authority to establish a special revolving fund to pay for the abatement work.

 

Motion carried 2-0.

 

7.   LEGISLATIVE UPDATE:  Mr. Gluckman reviewed pending legislation with the Board.  He then handed out the policy that governs Larimer County's legislative processes. The Board then discussed how to choose which commissioner would testify on certain bills.

 

8.  WORKSESSION:  Commissioner Rennels asked Mr. Lancaster to place the Economic Gardening Project on next week's agenda for discussion purposes.

 

9.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week.

 

10.  LEGAL MATTERS:    Mr. Hass requested the Board to go into Executive Session for the purpose of receiving legal advice (affidavit provided).

 

M O T I O N

 

Commissioner Rennels 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 meeting recessed at 10:45 a.m.

 

 

BERTHOUD DISCOUNT LIQUORS

LIQUOR LICENSE HEARING

(#8)

 

The Board of County Commissioners reconvened at 1:30 p.m. with Linda Connors, Assistant County Attorney.  Chair Pro-Tem Wagner presided and Commissioner Rennels was present.  Also present were:  Lela Brister, Court Reporter; Chong Wi, owner of N & C Enterprises Inc., dba Berthoud Discount Liquors; Randy Williams, Attorney for N & C Enterprises, Inc.; Max Scott, Oedipus Inc.; and Gael Cookman, Deputy Clerk. 

 

Ms. Connors noted that attorney Randy Williams would be presenting the application on behalf of N & C Enterprises, Inc.  Mr. Williams presented 11 Exhibits for the record, and then called Chong Wi to testify.  He questioned Ms. Wi regarding her background and experience with working in liquor stores.  Ms. Wi explained that she has managed/owned three liquor stores, has hired approximately 25 employees over the years, is Training for Intervention (TIPS) trained, and provides this training for her employees as well.  Mr. Williams asked why Ms. Wi chose this particular site to locate her liquor store.  Ms. Wi explained that it is adjacent to a growing community, and that the building is large enough to accommodate the type of store and the varied selections that she wants to provide for her customers.  Chair Pro-Tem Wagner asked if the daycare center, currently located within the building, would be allowed to remain.  Mr. Williams explained that Ms. Wi has a pending contract to purchase the building, as it is for sale, and the daycare center will have to be relocated if the liquor license is approved and the sale is completed. 

Mr. Williams then called Max Scott to testify.  Mr. Scott explained that he was hired by Ms. Wi to conduct the petitioning process required by law as part of the liquor license application in order to determine the needs and desires of the neighborhood.  Mr. Scott stated that they are a reputable company that has been in business for 37 years conducting polls and surveys of various nature.  Mr. Scott explained that they use standardized surveying practices, all of their surveyors are identified by the badges they wear, and the survey rules are described on the forms used to conduct the surveys. Mr. Scott explained the process used, how the boundaries were determined, the dates the petitions were circulated, and how many individuals responded to the survey.  Mr. Scott noted that they conduct un-biased surveys, and they do not guarantee that the results will be the results that the applicant is hoping to achieve.   

At this point Mr. Scott and Mr. Williams reviewed the results of the petitions circulated by Oedipus, Inc., which revealed that 55.33% of area residents supported approval of the liquor license, 44.67% were opposed to the issuance of this liquor license.   

Mr. Williams then went through the exhibits pertaining to the Town of Berthoud's Retail Marketing Analysis, which indicates that there is a need for additional retail liquor license store space. 

Ms. Connors requested clarification as to why some of the signatures on the petitions would be eliminated.  Mr. Scott stated that based upon case law, usage objections due to increased traffic, crime, parking, etc., or abhorrence of alcohol, can not be reasons used to determine the needs and desires of the neighborhood. 

At this time Ms. Connors asked if anyone wished to speak in favor of the application.  No one addressed the Board in favor of the application.  Ms. Connors asked if anyone wished to speak in opposition to the application, and Don Ashcraft, the Mayor Pro-Tem of Berthoud, addressed the Board.  Mr. Ashcraft expressed concern with the location of the proposed liquor store, as it is one step away from becoming an enclave and the cities and towns work very hard with Larimer County to avoid creating enclaves.  Mr. Ashcraft stated that the loss of sales tax revenue to the Town of Berthoud will be significant, and that it will negatively impact their police force. 

Jim White, Berthoud Town Administrator, echoed Mr. Ashcraft's concerns with loss of sales tax to the Town of Berthoud.  Mr. White also stated that the loss of the daycare center will have a negative impact on the community. 

Keith Burgess, owner of Log Cabin Liquor Store in Berthoud, presented petitions that were circulated within the community of those that are opposed to approving this liquor license.  The petitions were marked Burgess, Exhibit 1.  Mr. Burgess stated that there is no need for another liquor store in the area, and that he has plans to expand his business which will satisfy the needs of the community as it grows.  Mr. Williams questioned Mr. Burgess with regards to how the petitions were circulated, whether it was a supervised effort, whether or not there was an area for people to indicate their support for the license, and if they could assure that nobody under the age of 18 signed the petition.  Mr. Burgess stated that the petitions were circulated at different locations throughout the community, that there was no place on the petitions to indicate their support of the license, and that he could not say for sure that everyone who signed the petitions was at least 18 years of age.

Abbas Beheshti, owner of Berthoud Liquor Store, presented the Board with a letter from Dr. Miguel and Cindy Martin: this was marked Beheshti, Exhibit 1.  The Martin's letter expressed concern with the problem of youth drinking in Berthoud.  Mr. Beheshti stated that in one week he was able to obtain hundreds of signatures opposing the liquor store, and if given more time, he stated that he would be able to get hundreds more.  Mr. Beheshti stated that if the proposed liquor store is approved, it will affect his ability to maintain a viable business in town.

There was no further public comment.

Mr. Williams re-called Mr. Scott to testify, and asked him further questions regarding his petitioning process.  Mr. Scott stated that their survey was conducted in the area surrounding the location of the proposed site.  He stated that the circulated petitions were weighted geographically between both the businesses and residential neighborhoods. 

At this time, Ms. Connors closed the testimony and evidence portion of the hearing.  Chair Pro-Tem Wagner stated that the Board could take this matter under advisement and return a decision at a later date, or make the determination today.  Commissioner Rennels stated that it is the applicant's choice to locate her business within the County or the Town of Berthoud.  Commissioner Rennels stated that she understood and sympathized with the concerns of those in opposition to approving the license; however, she could not see any reason to deny the license, as the applicant has complied with the process.  Chair Pro-Tem Wagner agreed, and stated that loss of sales tax revenue was not one of the objectives the Board considers when making this type of decision.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the application and authorize issuance of a Retail Liquor Store License for N & C Enterprises, dba Berthoud Discount Liquors, located at 425 North US Highway 287, Berthoud, Colorado. 

 

Motion carried 2-0.

 

The hearing adjourned at 3:30 p.m.

 

 

 

 

    __________________________________________

                        KAREN A. WAGNER, CHAIR PRO-TEM

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk     

 

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