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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, OCTOBER 01, 2007

 

LAND USE HEARING

(#123)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Eubanks and Gibson were present.  Also present were:  Christi Coleman, Engineering; Sean Wheeler, Toby Leuter, Planning; Doug Ryan, Environmental Health; William Ressue, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

1. MOUNTAINVIEW METROPOLITAN DISTRICT, FILE #07-G0144:  Request to set Hearing for Monday, October 8, 2007, at 3:00 p.m.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners set the hearing date for the Mountainview Metropolitan District, File #07-G0144, for Monday,     October 8, 2007, at 3:00 p.m.

 

Motion carried 3-0.

 

Chair Rennels explained that the following item is on consent and would not be discussed unless requested by the Board, staff or members of the audience:

 

2.  CRYSTAL LAKES 7th FILING LOTS 43 & 44 LOT CONSOLIDATION, FILE #07-S2720:  This request is to combine two adjacent lots, Lots 43 and 44, into one lot in Crystal Lakes 7th Filing. 

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Assessor’s Office; Engineering Department Development Review Services; and Department of Health and Environment.  For detailed comments from each department, please see the letters August 22, and August 27 (2) respectively. The Assessor’s letter provides the new legal description of the resultant lot. Staff referred the application to other internal and external reviewing agencies and the affected utility companies, no other comments were received.

 

The proposed Lot Consolidation for Crystal Lakes 7th Filing Lots 43 & 44 will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of Lot Consolidation for Crystal Lakes 7th Filing Lots 43 & 44, subject to the following conditions:  1) All conditions of approval shall be met and the final resolution of the County Commissioners recorded by May 1, 2008, 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.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 3-0.

 

3.  DEEP WATER METROPOLITAN DISTRICT 1 & 2, FILE #06-G0108 TABLED FROM MULY 2, 2007: 

 

Rob Helmick explained that the proposal for the Deep Water Metropolitan District(s) has been in the process since April of 2006.  Since that time the Larimer County Planning Commission has reviewed the proposal and made a recommendation to the Board of County Commissioners.  The Board of County Commissioners has tabled consideration of the proposal several times to respond to concerns from the applicant regarding the Larimer County Planning Commission recommendation and to try to bring to closure the some of the issues which have been a part of the proposal. 

 

The Board of County Commissioners considered this request on July 2, 2007, and at that time continued the discussion based on the advice of the County Attorney.  The letter to Mr. Seaworth provides the staff analysis of the Board of County Commissioners action.  The applicant essentially agreed that the conditions under discussion were appropriate and that it was necessary to provide updated and more complete financial information before the Board of County Commissioners could consider taking action to conditionally approve the service plan.

 

Staff has received no new information since the hearing to supplement the record with respect to the issues discussed by the Board on July 2nd.  Staff has also been notified of an annexation from the Town of Wellington.  This annexation includes lands that are a part of Mr. Seaworth's overall development plan, which would be supported by the district.  Staff has received no communication regarding the annexation of the land or the specific intentions of the applicant in this case. 

 

The Special District Review Team recommends the Board of County Commissioners denies the proposed Deep Water Metropolitan District Service Plan, based upon the review and conclusions that the service plan does not meet the necessary standards identified in the statues, and that the applicant has failed to supply the requested financial information.  In the alternative the Board of County Commissioners may choose to Table this request once again to allow the applicant to update and supplement the financial information in the record. 

 

Mr. Helmick explained that there had been some mix up with respect to Mr. Seaworth’s receipt of meeting notes from the last meeting with the Board of County Commissioners on this matter and explained that, because of this mix up, Mr. Seaworth received a letter, dated September 12, 2007, detailing the general conditions that the service plan must be modified to include.

 

Mr. Richard Seaworth, applicant, approached the Board and reviewed the conditions noted in the September 12th letter.  He indicated that the third item noted, regarding the requirement that “district boundaries must include all land necessary for development based on current zoning,” does give him cause for concern.  Mr. Seaworth’s interpretation was that the Special District would be responsible for roads, weeds, irrigation, etc. for the property included.  His concern regarding this condition is that he interprets it to mean that, under this circumstance, the farm property would be included in the Special District, and the Special District would become responsible for water (and perhaps other care) for the farm property as well.

 

Mr. Seaworth further indicated that he was also okay with the fourth and fifth items noted.  Regarding the sixth item noted, he expressed concern about who should be consulted regarding the value of the lots and explained that he could not provide the updated financial information requested within a two-week time frame (after receiving the letter), in time for today’s meeting.

 

Mr. Seaworth requested that the Board of County Commissioners table this request until January or February, allowing him time to pursue the water rights and/or annexation process with the Town of Wellington.

 

Mr. Brad Marsh, Attorney for the Town of Wellington, approached the Board and reviewed the history of this matter in some detail.  He spoke about the Town of Wellington’s desire to procure water resources through governmental entities (such as the Special District being proposed by Mr. Seaworth), and their desire to secure Mr. Seaworth’s water for use as supplemental water for the town.  Discussion continued regarding potential annexation of the property into Wellington.

 

Discussion ensued at length regarding Mr. Seaworth’s contingency plans, should the original water source dry up at some point in the future. 

 

Chair Rennels emphasized that the items in the “general conditions” noted in the September 12th letter are actually “criteria” that would need to be taken into consideration by the Board at the point in time when they are ready to make a motion on the matter, and do not guarantee Board approval if met.  Chair Rennels further clarified that the Board of County Commissioners did not suggest annexation of the property into Wellington, rather the option was suggested by parties at an earlier meeting on the topic and the County Commissioners indicated that it was an avenue Mr. Seaworth could pursue if he so desired, especially considering that the Town of Wellington was in pursuit of the property’s water source.

 

Chair Rennels opened the meeting to public comment.  Mr. Neil Haley of 9521 Albrandt Court in Wellington approached the Board.  Mr. Haley commented on his experiences at the Wellington meeting regarding this matter and indicated that he is attending today’s meeting in order to understand what concerns the County has regarding this matter.  Mr. Haley indicated that he supports what Mr. Seaworth is trying to do, but has some misgivings about the mechanisms being considered, specifically as they concern annexation of the property by the Town of Wellington.

 

Discussion ensued regarding Mr. Seaworth’s preferences regarding Wellington annexation or keeping the property within Larimer County, his request that the item be tabled until early in 2008 and his desire for a new contact person within the Planning Department.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners table the Deep Water Metropolitan District 1 & 2, File #06-G0108 until Monday, February 11, 2008, at 3:00 p.m.

 

Motion carried 3-0.

 

The meeting adjourned at 4:00 p.m.

 

 

TUESDAY, OCTOBER 2, 2007

 

ADMINISTRATIVE MATTERS

(#124 & 125)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioners Eubanks and Gibson were present.  Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Larry Timm, Rob Helmick, and Candice Phippen; Planning Department; Major Bill Nelson, Sheriff's Department; Jeff Schanhals, Northeast Colorado RETAC Coordinator;  Wynette Reed and Bridget Paris, Human Resources Department; Andy Paratore, Dave Rowe, and Larry Moeser, Information Technology Division; Carol Block, Finance Department; Kim Nohava, Fleet Services; Bill Ressue, Assistant County Attorney; Babette Cornell, Facilities Department; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Tom Bender addressed the Board on behalf of veterans of the Armed services.  He noted that he is a member of the American Legion and stated that with the war on terror, there are an increasing number of veterans requiring assistance.  Mr. Bender expressed his concern that the Larimer County Veterans Services Department is understaffed and recommended expanding that office from 2 to 3 full time employees.  Some discussion ensued.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 24, 2007:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of September 24, 2007, as presented.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF OCTOBER 8, 2007:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 2, 2007:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following abatements are approved:   Bradley Bischhoff; Ernest Health Inc.; Jean Wightman and David Redgrave.

 

10022007A001           SUBCONTRACT FOR COMMUNITY CORRECTIONS PROGRAM SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ADAMS COUNTY BOARD OF COUNTY COMMISSIONERS

 

10022007R001           RESOLUTION AMENDING RESOLUTION NO. R02-64G AND DIRECTING A CALCULATION OF THE SUPPLEMENTAL RESERVE REQUIREMENT

 

10022007R002           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS:  Findings and Order regarding application for Liquor License for Roy William Holman, dba West Lake Liquors.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued:  Rollerland Skate Center\Wolverine Farm Publishing - Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

 

5.    REVISION TO COUNTY POLICY OF RESTRICTION OF OPEN FIRES AND FIREWORKS:  Major Nelson explained that the law now allows the Commissioners to restrict the sale of fireworks during times of extreme fire danger.  He presented a draft copy of the updated Ordinance which includes this provision, and clarified that it is not an automatic restriction, it merely gives the Commissioners the option to prohibit the sale of fireworks if they deem it appropriate to do so.  There was no action taken on this item, as this item was informational in nature.

 

6.  REGIONAL EMERGENCY TRAUMA ADVISORY COUNCIL (RETAC) BRIEFING:  Mr. Schanhals displayed a lengthy slide show presentation regarding the RETAC history, goals, funding mechanisms, equipment replacement, and mass casualty planning efforts.  The Board thanked Mr. Schanhals for his time and involvement with this program.

 

7.  REQUEST FOR WAIVER OF PERSONNEL POLICY 331.5C.II.B2F MARKET BASED ADJUSTMENTS FOR CLASSIFIED EMPLOYEES:  Ms. Reed explained that the Board approved a waiver last year to discontinue market increases for employees, and requested the same action again this year.  She recommended that the Board approve merit increases in 2008 to 4%, and noted that she will be recommending a permanent change to the policy regarding market increases when presenting their Strategic Plan in December 2007.   Ms. Reed also highlighted the Mountain States Employers Council Survey, and noted that the recommendation for 4% merit increases was derived from this survey.  Some discussion ensued.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the request for waiver of Personal Policy 331,5C.II.B2F Market Based Adjustments for Classified Employees, which would discontinue the practice of market increases to employee pay rates. 

 

Motion carried 3-0.

 

8.  UPDATE ON 800 Mhz PROJECT AND MIDDLE BALD MOUNTAIN:  Mr. Paratore and Dave Rowe updated the Board on the progress regarding the NEPA study to determine the feasibility of installing radio towers on Bald Mountain for emergency services.  Discussion ensued regarding the history of the proposal. Mr. Rowe stated that they anticipate a decision by the Spring of 2008.

 

9.   INTERNAL SERVICES PARTNERSHIP SERVICE STATEMENT:  Mr. Gluckman explained that the Internal Services Partnership was created approximately one year ago to enhance the internal services provided by county departments.  He presented the Internal Services Partnership Service Statement, and noted that it is provides the vision for the departments involved.  Ms. Block, Ms. Reed, Mr. Paratore, and Mr. Nohava were also present as members of this partnership.

 

10. REVISION TO SECTION 1.2 OF COMMISSIONERS’ POLICY GOVERNANCE POLICIES:  Mr. Lancaster presented changes to the Commissioners’ Policy Governance Policies which clarified the working communication procedures between County Commissioners, and requested approval on the same.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the addition of section 1.2.5C of the Larimer County Policy Governance Policy Manual.

 

Motion carried 3-0.

 

11.  WORKSESSION:  Mr. Lancaster and Mr. Timm asked if the Commissioners would like for the Environmental Advisory Board (EAB) to review the water line placement that the City of Greeley has proposed to install through portions of Larimer County.  The Board replied in the affirmative, and asked that this issue be included on the EAB’s October 9, 2007 agenda.

 

 

12.  COMMISSIONER REPORTS:  The Board reviewed their activities at events during the past week.

 

13. LEGAL MATTERS:  (Affidavit provided)

 

M O T I O N

 

Commissioner Eubanks moved that the Board go into Executive Session for the purposes of receiving confidential legal advice on specific legal questions, as outlined in 24-402(4)(b) C.R.S. 

 

Motion carried 3-0.

 

The Board came out of Executive Session and returned immediately for a separate discussion (tape #126)

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for the review of information regarding the purchase acquisition, lease, transfer or sale of any real or personal property interest, as outlined in 24-6-402(4)(a) C.R.S.

 

Motion carried 3-0.

 

The meeting recessed at 12:45 p.m., with no further action taken.

 

 

LIQUOR LICENSE HEARING FOR

CACHE INN & TANTRA LOUNGE

(#127)

 

The Board of County Commissioners reconvened at 2:00 p.m. with David Aryaud, Assistant County Attorney.  Chair Rennels presided and Commissioners Eubanks and Gibson were present.  Also present were:  Denise Ruybal, Clerk and Recorder's Office; Jason Meadors, Court Reporter; and Gael Cookman, Deputy Clerk.

 

The first application heard pertained to the Cache Inn:

 

Mr. Aryaud reviewed the contents of the application, and then presented Exhibit A (photos of the posting of the premises), and Exhibit B, the petition demonstrating the needs and desires of the surrounding neighborhood.  The applicant, Judith Ann Reynolds, was sworn in and Mr. Aryaud asked Ms. Reynolds a series of questions regarding the posting of the premises and the circulation of the petition.  Ms. Reynolds stated that the notice had been posted on her premises for one month, and she stated that there was no opposition from the surrounding neighbors to the granting of this liquor license.   Mr. Aryaud questioned whether Ms. Reynolds was familiar with the liquor laws of Colorado.  Ms. Reynolds stated that she had contacted the Sheriff’s Department to schedule TIPS training for herself and her staff.  Mr. Aryaud noted for the record that there was no one in the audience to speak in opposition to granting this liquor license.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the application and grant a Beer and Wine License, for Cache Inn, located at 31443 Poudre Canyon Highway, Bellvue, CO  80512.

Motion carried 3-0.

 

The Board then considered the application for Tantra Lounge:

Mr. Aryaud reviewed the contents of the application, and then presented Exhibit A (photos of the posting of the premises), and Exhibit B, the petition demonstrating the needs and desires of the surrounding neighborhood.  The applicant, Dianthe Arico, was sworn in and Mr. Aryaud asked Ms. Arico a series of questions regarding the posting of the premises and the circulation of the petition.  Ms. Arico stated that the notice had been posted on her premises in September and it has been posted for more than 10 days.  She stated that there was some opposition from surrounding neighbors due to noise, parking and littering concerns.  Mr. Aryaud questioned whether Ms. Arico was familiar with the liquor laws of Colorado.  Ms. Arico stated that she has not proceeded with scheduling TIPS training, but plans to if her application is approved.  Mr. Aryaud noted for the record that was indeed individuals in the audience that wished to speak in opposition of granting this liquor license, and opened up the hearing for public comment.

The following individuals spoke in opposition of granting this liquor license:  Justin Morrison, Donald and Debbie Beatty, Gail Chadwick, Bob Beers, Patty Cranski, Ryan Dedmon, and Don Eller.  Mr. Morrison presented a petition with 150 signatures of individuals that were opposed to this liquor license application.  The reasons for their opposition were due to noise, litter, intoxicated individuals urinating, vomiting and illegally entering secured areas, lack of parking, the possibility of property values decreasing, and the fact that there is already one bar in the Commercial Business Park, so there is no need for another. 

 

The following individuals spoke in favor of granting the liquor license:  Andy Neeley (owner of Club Osirus, located in the Commercial Business Park), Jim Wade, (owner of the unit being proposed for the Tantra Lounge).  Mr. Wade stated that the property values will not decrease, as they have increased steadily even since Club Osirus has been in operation.  He further noted that Ms. Arico should be given the chance to grow a successful business.

 

Ms. Arico explained that she had heard that the reason there were so many signatures on the petition opposing this application is because they were lead to believe that a “strip bar” was being proposed.  Ms. Arico explained that she is a member of the Rocky Mountain Belly Dance Company, and that there would be entertainment in the form of belly dancing, but that it was completely G-rated, and that it truly is an art form to be appreciated.   Ms. Arico also explained that she would be happy to hire additional security guards to patrol the parking lots and that they would have controls in place for the “18 and up” nights, should the decide to implement them. 

 

Discussion ensued amongst the Board.  Commissioner Gibson was not in favor of granting the liquor license due to the lack of parking, the substantial opposition to the granting of this liquor license, the fact that there already is a bar at this location, and he expressed concerns with the possibility of the 18 and up nights. 

 

Commissioner Eubanks was also opposed to granting the liquor license due to concerns with the 18 and up nights, the fact that the applicant has not operated a night club in the past, and due to the sheer number of individuals that expressed opposition to granting the license.

 

Chair Rennels agreed, and stated that the concerns of the Homeowners Association are highly regarded, and they have thoroughly demonstrated that they do not have a need or desire for another liquor licensed establishment in their neighborhood.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners deny the application for a Tavern license, for the Tantra Lounge, located at 2649 East Mulberry, Suite 18, Fort Collins, CO  80524.

Motion carried 3-0.

 

The hearing adjourned at 3:30 p.m.

 

 

 

                 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

­­­

______________________________________

Angela Myers, Deputy Clerk

 

 

 

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