Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 1, 1996

LAND-USE PLANNING MEETING

(#58 @ 1000)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Jerry White, Zoning Administrator; Al Kadera, Subdivision Administrator; Allen Gould, Planner II; Rex Burns, Project Engineer; John Pedas, Zoning Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience; Commissioner Duvall requested that the Happy Trails Horse Boarding Special Review be removed from the consent agenda as she has several questions about the proposal. Chair Clarke noted that the Dunlap Minor Residential Development Appeal (#96-EX0878) item has been withdrawn from today's agenda and the Leader Federal Bank for Savings Solid Waste Violation item has been resolved.

1. HORSETOOTH LAKE ESTATES LOTS 17-19 AMENDED PLAT

(#96-SA0890): 06-06-69, SOUTH OF COUNTY ROAD 38E, WEST OF

HORSETOOTH RESERVOIR; 1.12 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to reconfigure three lots to result in two building sites. Staff Findings include: 1) Horsetooth Lake Estates was approved in l964; the lots are relatively small and do not conform to the current setback requirement; 2) This request is to divide Lot 18 and add half of it to each adjoining lot. This request will increase the size of two non-conforming lots and delete one building site from the subdivision; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 17, 18 and 19, Horsetooth Lake Estates.

2. HORSETOOTH LAKE ESTATES LOTS 124-125 AMENDED PLAT

(#96-SA0892): 01-06-70, ON THE SOUTH SIDE OF COUNTY ROAD 38E,

WEST OF HORSETOOTH RESERVOIR; 1.15 ACRES; O-OPEN ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings are: 1) Horsetooth Lake Estates was approved in 1964; the lots are relatively small and do not conform to the current minimum lot size requirement; 2) This request is to combine two lots resulting in one building site; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 124 and 125, Horsetooth Lake Estates.

3. RED FEATHER HIGHLANDS LOTS 30 & 38 AMENDED PLAT

(#96-SA0893): 04-09-72, ON THE NORTH SIDE OF COUNTY ROAD

74C (RED FEATHER ROAD), WEST OF GLACIER VIEW MEADOWS;

1.5 ACRES; O-OPEN ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings include: 1) Red Feather Highlands was approved in 1972; the lots are non-conforming with respect to minimum lot size which is ten acres; 2) This request is to combine two contiguous lots to make one larger building site; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 30 & 38, Red Feather Highlands.

4. GLACIER VIEW MEADOWS 8TH FILING LOTS 12-13 AMENDED PLAT

(#96-SA0896): 24-09-72, GLACIER VIEW MEADOWS, WEST OF

LIVERMORE, 3.24 ACRES; E-ESTATE ZONING

The staff findings are: 1) Glacier View Meadows Eighth Filing was approved in 1978; 2) This request is to combine two existing lots into one building site; the utility easement along the common lot line will be vacated by this action; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 12 and 13, Glacier View Meadows Eighth Filing, and the utility easement along the common lot line.

5. MILLS DRIVE STREET NAME CHANGE (#96-0S0897): 34-05-73,

OFF HIGHWAY 66, WEST OF ESTES PARK

This is a request to name an unnamed road Mills Drive. Staff findings include: 1) Unnamed roads make it difficult to assign addresses and may create delays in emergency response situations. Mills Drive has existed for many years but has never been officially named; 2) The proposed street name was reviewed by the County Engineering Department and all affected agencies; no objections were noted; 3) The proposed road name was reviewed and approved by the National Park Service. The staff recommendation is for approval of the proposed road name of Mills Drive as shown on the attached exhibit.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review/Staff recommendations and approve the Horsetooth Lake Estates Lots 17-19 Amended Plat (#96-SA0890); Horsetooth Lake Estates Lots 124-125 Amended Plat (#96-SA0892); Red Feather Highlands Lots 30 & 38 Amended Plat (#96-SA0893); Glacier View Meadows 8th Filing Lots 12-13 Amended Plat (#96-SA0896); and the Mills Drive Street Name Change (#96-0S0897); each, with the conditions as outlined.

Motion carried 3 - 0.

6. HAPPY TRAILS HORSE BOARDING SPECIAL REVIEW (#95-ZR0711):

NW 02-07-69, ON THE EAST SIDE OF NORTH SHIELDS STREET

(COUNTY ROAD 17), 1/3 MILE SOUTH OF WILLOX LANE; 7 ACRES;

1 LOT; O-OPEN ZONING

This is a request for Special Review to allow a horse boarding stable for 14 horses on 7+ acres. The staff findings are: 1) The proposal complies with the intent and purpose of the Comprehensive Zoning Resolution, the Comprehensive Plan, and the Intergovernmental Agreement for the Fort Collins Urban Growth Area; 2) The proposal will be harmonious with, and will have minimal impact on, nearby properties; 3) The proposal will not impair the public health, welfare, prosperity, or safety, by creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities, or adverse environmental influences in the area; 4) The proposal will not affect property values in the surrounding neighborhood.

Commissioner Duvall asked how this proposal fits in the Urban Growth Area, which is focused toward higher density and city standards; Mr. Gould responded that they spoke to the city engineer and no objection was raised because the sewer line is far south of the river and it will be a long time before the sewer is in this area. Mr. Gould stated that he thinks that, at this particular time, it is an appropriate use for the area noting that the area has a rural nature. Commissioner Duvall asked if this proposal is conditional only for this specific ownership; Mr. White responded "No", it is not - the special review goes with the property and is not restricted to the ownership unless the Commissioners want to make this a condition of approval. Mr. White noted that approval of this special review does not approve any other kind of commercial use on this property.

Robert Marcey, applicant, informed the Board that the area is surrounded by a multitude of horses and boarding stables; he noted that he will be making a substantial cash investment in this proposal and build some sizable stables and, if at some time in the future he would decide to sell what has been built, he would like to be able to sell it as is and realize a return on his investment.

The Urban Growth Area Review/Staff recommendation is for approval of the special review with the following conditions: 1) The applicant must dedicate a public half right-of-way of 50 feet measured from the center line of Shields Street; 2) The applicant must adhere to a periodic program of basic sanitation regarding management of horse manure and control of insects; 3) The applicant must not increase or significantly change the operating conditions of the proposed horse boarding operation without first seeking a special review by the Board of County Commissioners; 4) The applicant must comply with the Larimer County Department of Health and Environment regulations pertaining to on-lot septic systems.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Happy Trails Horse Boarding Special Review (#95-ZR0711), with the conditions as outlined.

Motion carried 3 - 0.

9. GOAD ANIMAL/JUNK YARD ZONING VIOLATION (#95-ZV0579):

29-08-69, LOTS 7 & 8, DRAGER PARK, 3015 PARK AVENUE, LAPORTE

This alleged violation is for storing inoperable/unlicensed vehicles, campers, trailers, etc., and harboring 3-4 horses on 10,000 sq. ft. lot in the O-Open Zoning District. Mr. Pedas submitted photos of the site and a letter received this afternoon from Bonnie Goad indicating that the horses have been removed from the property, the calves will be removed this evening, and the cleanup of the pen will start this weekend; he reviewed the location of the property and noted that this is a fairly high density subdivision in the LaPorte area Staff findings include: 1) The subject property is zoned O-Open District; 2) The O-Open District allows horses not to exceed one per 1/2 acre; 3) The animal waste problem on the property creates a neighborhood health problem; 4) Continued use of the property, inconsistent with the zoning regulations, will have a major effect on property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met or the violation reoccurs.

Commissioner Duvall asked if Ms. Goad is still out of compliance since the animals have been removed from the property; Mr. Pedas responded that he feels she is still out of compliance by 15% because there still is a lot of animal waste material on the property that needs to be removed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met or the violation reoccurs.

Motion carried 3 - 0.

The meeting adjourned at 3:20 p.m.

WEDNESDAY, JULY 3, 1995

ADMINISTRATIVE MATTERS

(#50, #51 & #52)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Lew Wymisner, Staff Liaison Economic Development Advisory Board; Neil Gluckman, Assistant County Manager; Al Kadera, Subdivision Administrator; Sgt. Bill Nelson, Emergency Operations; Dave Farmer, Wildfire Mitigation Specialist; Ed Zdenek, Member 35-Acre Task Force; Larry Timm, Director of Planning; Russ Legg, Chief Planner; Gayle Morgan, Planning Staff Services Manager; George Hass, County Attorney; and Ed Schemm, Assistant Director Environmental Health. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following two persons addressed the Board during the open session for public comment: Tom Bender and Dean Miller. Mr. Bender asked the Board if they had questions regarding the Farm Bureau Resolution on the Right to Farm and Ranch; he noted that Farm Bureau became involved with this legislation because in the last ten years they have seen a lot of counties restricting and prohibiting natural resource management in their own counties. Chair Clarke stated he sent the information and resolution on to the newly formed Ag Task Force and he requested that Mr. Lancaster make sure that Farm Bureau is informed of the Ag Task Force meeting times in the future.

Mr. Miller stated he lives at the intersection of Trilby and Shields and he just found out this week that the developer has submitted the final plans for Phase I of Registry Ridge and he noted that if an individual is not allied with a governmental agency, the powerful or those with financial resources, it is difficult to get information. Mr. Miller stated that he is a Board member of Citizens for Sensible Community Planning and he asked the Board if they would consider appointing a liaison to this group to provide them with information regarding what is going on in the City and County; he noted that it is a necessity that we all work together as nothing should be approved by the City without County participation when it affects those in the County. Mr. Miller stated that this week he read about the Cities Neighborhood Liaison Program and he wondered if the County could have something similar. The Board asked Mr. Lancaster to find out more information about this Program as they concurred that having a Neighborhood Liaison Program in the County is a good idea. Mr. Lancaster suggested writing a letter to the City suggesting they appoint a liaison to the areas outside the City limits. This subject will be put on the agenda for the next meeting with the City.

2. APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY BOARD: Mr. Wymisner submitted a list of the fifteen individuals which he and Mr. Gluckman interviewed and recommend that the Board appoint to the Larimer County Economic Development Advisory Board; he noted these fifteen individuals will represent a balanced Board and each individual would bring an important perspective to this new committee. With regard to the letter received from the Ag Task Force requesting that an ag representative be appointed to the Economic Development Advisory Board, the Board thinks this appointee should be someone actually involved in agriculture. Chair Clarke suggested asking the Ag Task Force to recommend a representative. Mr. Lancaster suggested advertising for this position so any one in agriculture could apply for this Board; the Board concurred. After further discussion, the Board decided to take the appointment of individuals to the Economic Development Advisory Board under advisement and will make the appointments during Administrative Matters next week.

3. APPROVAL OF LINDEN RIDGE 2ND FILING FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT AND ADDENDUM: Mr. Kadera requested Board approval of the Final Plat for Linden Ridge 2nd Filing and the Subdivision Improvement Agreement and Addendum.

M O T I O N

Commissioner Disney moved that the Board approve the Final Plat for the Linden Ridge 2nd Filing and the Subdivision Improvement Agreement and Addendum to the SIA and Development Loan Agreement, and authorize the Chair to sign these documents.

Motion carried 3 - 0.

A96-88 SUBDIVISION IMPROVEMENT AGREEMENT AND ADDENDUM

TO SIA AND DEVELOPMENT LOAN AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND ACHKIN

INVESTMENTS & PRIMA LAND & INVESTMENT, INC.

FOR LINDEN RIDGE 2ND FILING

4. REQUEST FOR FUNDING FOR DIVE RESCUE/SEARCH & RESCUE TEAMS FACILITY: Sgt. Nelson requested Board approval of $36,000 for the Larimer County Dive and Rescue and Search and Rescue teams noting that $26,000 of this amount was discussed previously with the Board; however, the additional $10,000 has been added to include an alarm system ($1,500) for the building and for upgrading or replacing the gas tank ($8,500), as mandated by the State. Sgt. Nelson reminded the Board that one-half of the $26,000 for the facility will be funded by the search and rescue teams, which will be repaid to the County as funds are received, with partial payment to be in-kind services.

M O T I O N

Commissioner Duvall moved that the Board authorize the expenditure of $36,000, with actual expenditures not to exceed $23,000, after reimbursement from the Larimer County Dive and Rescue Teams, for the construction of office space for the Larimer County Dive and Rescue and Search and Rescue teams at the Emergency Management facility on North Shields in Fort Collins; these monies to be derived from the Capital Expenditures Fund.

Motion carried 3 - 0.

Sgt. Nelson provided a quick update for the Board on the Crystal Mountain Fire and costs, noting that the fire acreage was 178 acres with 98 acres in the County and 80 is Forest Service; he noted that the County's 60% share will be approximately $50,000.

5. EXTENSION OF WILDFIRE MITIGATION COORDINATOR: Mr. Farmer presented a summary of the Wildfire Mitigation Coordinator position accomplishments, a proposal for continuation of the Wildfire Mitigation Coordinator position, a budget proposal, and a response to the Board's questions regarding general wildfire response and the Crystal Mountain Fire; he noted that after meeting with County Staff and the Planning and Building Departments, it was decided that the Wildfire Mitigation Coordinator position should continue through December of this year.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the extension of the position of the Wildfire Mitigation Coordinator, in partnership with the Colorado State Forest Service, through December 31, 1996; funding for the position to be equally shared between the Colorado State Forest Service and Larimer County with Larimer County's share not to exceed $12,670, and to expect that a document regarding how wildfire mitigation is to be accomplished in Larimer County to be presented for adoption by the Board by the end of December of this year.

Motion carried 3 - 0.

6. REQUEST TO STAFF 35-ACRE TASK FORCE: Mr. Zdenek provided a quick update on the activities of the 35 Acre Task Force; he noted that the memo to the Board dated June 28, 1996 stated that in order to further the smart growth policies of Larimer County, the 35-Acre Task Force is recommending that two parallel time tracts be implemented--one tract would be completion of the legal codification, public notice and approval by the Commissioners on a timely schedule. The second tract would be the early implementation of the 35-Acre Task Force policies by confirming Ed Zdenek as the temporary director of the Rural Land Use Center to spend twenty hours per week on a consulting basis, with any additional staff time to be paid $20 per hour; Mr. Zdenek would report directly to the Commissioners, through the County Administrator of his designee. The 35-Acre Task Force members are very desirous that the Rural Land Use Center be established immediately, to provide alternatives to the traditional 35-acre division of large parcels of land. Discussion followed; Commissioner Disney asked what planning staff thinks about this. Mr. Timm responded that how much staff time will be required needs to be clarified; Mr. Legg stated that in terms of agenda support, this would be routine but they might want to expand the number of test cases and figure out a time line for the code adoption. Chair Clarke stated he would also like to see a written proposal outlining this request and for staff to work with Mr. Zdenek to write this proposal and an agreement; Commissioner Disney stated he would like to see a budget. Commissioner Duvall stated she has a problem authorizing staff to work with Mr. Zdenek to write this proposal; she is uncomfortable with the process as she thinks this position should be advertised publicly for applicants and she is not comfortable by-passing the Planning Department. Mr. Lancaster stated he is not clear if this position would be considered a temporary employee position or consulting position; Mr. Zdenek responded that would be a consultant. Mr. Lancaster stated that if it is a consulting agreement then the Board would need a contract and to waive purchasing procedures to sole source the contract and they would need a budget with an end figure. Commissioner Duvall stated she would like to know from staff if an outside consultant is needed, or whether staff thinks they can cover this in the interim until they can advertise for this position; Mr. Legg responded that the Planning Department needs all the help they can get. Mr. Zdenek stated that this is an interim position and an extremely important position and very time consuming. Mr. Zdenek invited the Board to attend a meeting this Saturday to hear Amy O'Herron from the Montana Lands Alliance. Chair Clarke stated he shares Commissioner Duvall's concern regarding process, but this instance is an example of when sometimes you need to bury the rules to fit the situation; he thinks they should proceed and get a business agreement with Mr. Zdenek as soon as possible. Commissioner Duvall stated she agrees we need to move fast and she expressed appreciation to Mr. Zdenek for his volunteering, she is just concerned with process. After further discussion, the Board directed Mr. Zdenek to work with Mr. Lancaster, and with the consultation of Planning, come up with a suggestion as to how we can work with Mr. Zdenek on an interim basis and include an identification of process to staff this Rural Land Use Center. Commissioner Duvall suggested that staff help with solving this problem, not just to figure out how to work with Mr. Zdenek, in addition to addressing the 35-Acre Task Force and the Rural Land Use Center needs immediately so we look at a process and see who fits.

7. FOSSIL CREEK STUDY CONTRACT: Mr. Legg noted that the contract negotiations have been completed for the Fossil Creek Study and he requested Board approval of the amendment to the Michael Dyett contract in the amount of $30,000 for the purpose of completing the Fossil Creek Study Area; he noted that the contract amount will be fully covered by the City of Fort Collins.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve an amendment to the Consultant Agreement for the Planning Consultant for the Partnership Land Use System for Larimer County for the Fossil Creek Area Study, and authorize the Chair to sign same.

Motion carried 3 - 0.

A96-89 AMENDMENT NO. 1 TO CONSULTANT AGREEMENT FOR

PLANNING CONSULTANT FOR THE PARTNERSHIP LAND USE

SYSTEM FOR THE FOSSIL CREEK AREA STUDY

8. RIVER OAKS CABLE CONTRACT DISCUSSION: Mr. Legg reminded the Board that two weeks ago the Board was requested to authorize an additional appropriation of funds for cable television consulting and county attorney consulting; he submitted a listing of the 1996 cable expected expenses ($82,000) and expected revenues ($91,455). Mr. Legg noted that this budget is based on reimbursement to the County and not normal cable revenues. Questions from the Board and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the amendment to the River Oaks Consulting Contract and authorize the appropriation of a cap of $82,000 for cable television consulting with River Oaks Cable Corporation and the County Attorney, with revenue being derived from the reimbursement stream from the cable companies and any excess to go into our cable reserve fund.

Motion carried 3 - 0.

C96-37 AMENDMENT TO THE RIVER OAKS CONSULTING CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

RIVER OAKS CABLE CORPORATION

9. DISCUSSION OF REHEARING FOR WHITE BUFFALO SALOON: Mr. Gluckman prefaced the discussion with the Board today by informing them that last Monday night a neighborhood meeting was held with the owners of the White Buffalo and surrounding neighbors, approximately 60 persons attended; he noted that they tried to keep the discussion focused on sound and noise. At the meeting, Jerry Shafer, one of the owners, discussed the changes the White Buffalo is willing to make to mitigate the neighbor's concerns, and then questions and discussion followed. Mr. Gluckman stated there was no consensus reached regarding whether a re-hearing of the liquor license renewal should be held; he noted the meeting provided a listening environment and, in his opinion, the meeting was very positive.

Connie Biermann, adjacent property owner to the White Buffalo, reported that the people at the meeting represented a broad mixture; however, the meeting should have been held in a neutral location, as more neighbors would have come if it had not been held at the bar and she requested that in the future, meetings like this be held in a neutral setting. Ms. Biermann also recommended process examination and noted that when the vote was taken the other night, a lot of people had already left because of the late hour. Ms. Biermann informed the Board that there is a core group opposed to having a re-hearing as they are happy with the legal process and decision made and they feel that the bar owners had ample opportunity to alter their business practices for 9 1/2 months and they didn't do it. Ms. Biermann stated that many people feel that the White Buffalo is now promising to make these changes because they are facing bankruptcy and not because they are concerned for the neighborhood. Ms. Biermann asked why a re-hearing is even being considered; she noted she has logged over 200 phone calls at her home since May 23 of this year and she needs some answers for the callers and she stated that meetings, such as this one today, need to be made public so more people are informed. Ms. Biermann stated that she was asked by many of the callers to tell the Board today that there is very strong opposition against a re-hearing and against allowing the White Buffalo to operate in any capacity at this location.

Phyllis Winklmaier, adjacent property owner to the White Buffalo, stated that there are five issues that need to be considered: 1) Reduce the volume of music and entertainment; 2) Safety of motor vehicles north and southbound and entrance to Highway 287; 3) Disturbance caused by patrons; 4) Liquor License laws not be violated; 5) Parking. There was discussion about a solid structure being built around the perimeter lot and she voiced objection to that suggestion and would prefer a berm of trees; Mr. Shafer stated that the owner of the property has stated he will not build the solid structure.

Jerry Shafer provided the background of his involvement in the White Buffalo, noting that his original intent was to be an investor in the business but not to be personally involved in the running of the business. However, whatever decision is made today, he stated he is going to be personally involved with the neighbors in the future and if they are given another chance, the business will be run differently. Mr. Shafer read a list of what the White Buffalo is willing to do immediately; such as, turn down the volume of the music, not mike the base drum or guitar, keep the patio doors closed, set up pager so he can be reached immediately if there is a problem, etc. Much discussion followed. Commissioner Duvall asked Mr. Shafer if the White Buffalo would consider relocating the business since they don't own the building; he responded that they have borrowed heavily and invested so much money in this building that relocation cannot be considered. He said their only choice is to try to make another type of business work at this location.

Mr. Hass responded to the question as to why this discussion is being held today; he stated that the White Buffalo asked for a re-hearing even before the lawsuit was filed and the purpose of today's discussion is for the Board to decide whether or not a re-hearing should be held. Chair Clarke stated that he total empathizes with the neighbors with all they have endured, but the Board has seen the White Buffalo make strides that are significant and is willing to make changes and follow a list of conditions; however, he noted that if they do not follow those conditions, there will be an immediate show-cause hearing and this can be held at any time, not just at renewal time. Mr. Hass noted that recently there was a change in the law which limits the Commissioner's authority to impose conditions so the Board does not have the authority to address all the conditions; Mr. Hass will review the law to determine exactly what the Board's authority is and determine what the Board can do regarding entering into an agreement with the White Buffalo. Chair Clarke noted for the record that the next hearing will only last for three hours and if not finished at that time, the hearing will be continued until another time. Mr. Hass suggested that before the rehearing that a draft of a possible order be written incorporating all the conditions discussed here today and made available ahead of time for all interested parties to review and consider and then the hearing would only be for discussion of that draft of conditions. If the request for a rehearing is granted, Mr. Hass will prepare a resolution regarding same for the Board to sign during Administrative Matters next week.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a rehearing of the liquor license renewal request from the White Buffalo Saloon to be held in approximately 30 days, and to vacate the decision made the Board of County Commissioners on May 23, 1996 in lieu of the hearing.

Motion carried 3 - 0.

10. APPOINTMENT TO YOUTH SERVICE ADVISORY BOARD: Mr. Lancaster noted that a memo was received from Community Corrections Director, Paul Cooper, requested the Board appoint Gary Darling to the Youth Service Bureau Advisory Board, as representative of the Sheriff's Department.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Captain Gary Darling to the Youth Services Advisory Board to represent the Larimer County Sheriff's Department.

Motion carried 3 - 0.

11. BIG THOMPSON WATERSHED STUDY: Mr. Schemm asked the Board if they would like to be involved in the Big Thompson Watershed Study, which will cost from $0 to $200.; he noted that a Memorandum of Understanding is being prepared and will be presented to the Board for approval and the Chair's signature, after review by the County Attorney.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners authorize the expenditure of up to $200 for the Big Thompson Watershed Study, monies to be derived from the Commissioner's Special Projects Fund.

Motion carried 3 - 0.

12. GUARANTEED RIDE HOME PROGRAM: The Board was requested to approve a new policy to revise the Larimer County Personnel Policy Manual by adopting the Guaranteed Ride Home Program.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a revision to the Larimer County Personnel Policy Manual by adopting the Guaranteed Ride Home Program as section 416 of the Manual and to amend the 1996 Human Resources Department Budget by appropriating $500 to cover costs that might arise from the use of this policy during 1996.

Motion carried 3 - 0.

At this time, 12:30 p.m., the Board recessed for lunch and will continue at 1:30 p.m.

13. WORKSESSION:

-- Negotiations for Block 31: Mr. Lancaster requested Board approval to move forward with active negotiations with the City regarding Block 31; the Board concurred with the request.

-- Selection of Bond Underwriter for Project SAFE: Mr. Lancaster informed the Board that bids have been received for the Bond Underwriter for the SAFE Project and the selection has been made; he noted that Dain Bosworth will be the senior manager and co-managers will be A.G. Edwards and Piper Jaffray.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

14. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of June 24, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of July 8, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda for Document Review for July 3, 1996:

MISCELLANEOUS DOCUMENTS: Horsetooth Lake Estates Amended Plat - Lots 124 and 125 and the Pope Minor Residential Development Plat (#96-EX0830). LIQUOR LICENSES: Licenses were issued to: Gateway Liquors, Inc. - 6% - Loveland, CO.; Rainbow Plaza, Inc. - 6% - Loveland, CO.; Casa De Colorado - 6% Brew Pub License WITH EXTENDED HOURS - Fort Collins, CO.; and a 3.2% SPECIAL EVENTS PERMIT for the Citizens for the Recognition & Preservation of Private Property Rights - Loveland, CO. County Approval was granted to: Sol's Long Branch - 6% WITH EXTENDED HOURS - LaPorte, CO.; and Waive of Hearing for a Change of Ownership for Ptarmigan Club, LLC dba Ptarmigan Club Corporation - 6% - WITH EXTENDED HOURS AND OPTIONAL PREMISES - Fort Collins, CO.

A96-90 AGREEMENT GRANTING RIGHT-OF-WAY EASEMENT BY

AND AMONG THE BOARD OF COUNTY COMMISSIONERS

OF LARIMER COUNTY, CITY OF FORT COLLINS, CITY OF

LOVELAND, AND POUDRE VALLEY RURAL ELECTRIC

ASSOCIATION, INC. (Construction to Increase Line Capacity)

A96-91 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF ESTES PARK FOR USE

AND BENEFIT OF LARIMER COUNTY FLEET SERVICES (Use of

Larimer County's Fuel Site by Town of Estes Park Vehicles)

A96-92 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS HOUSING

AUTHORITY (Rental Lease Agreement for Stuart House)

A96-93 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PORTER INDUSTRIES (Rental Lease for

418 E. 4th Street, Suite 4, Loveland, CO. )

A96-94 AGREEMENT FOR EMPLOYMENT TRAINING SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE CITY OF FORT COLLINS (Youth Conservation Corps/

Operation Brightside - Youth Summer Employment Opportunities)

C96-38 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO

(Reimbursement of Cost for Contamination Clean Up)

C96-39 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

(Youth Services Bureau Juvenile Diversion Programs)

C96-40 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF

HOUSING (Emergency Shelter Grant)

R96-97z REZONING AND FINDINGS AND RESOLUTION APPROVING

THE PETITION OF AUTO OUTLET OF FORT COLLINS AND

WAIVER PHASING CRITERIA

R96-98z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF ROCKY RIDGE CAMPGROUND

R96-99s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

DIRKS MINOR RESIDENTIAL DEVELOPMENT (#S-12-91)

R96-100s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

KOTIN SUBDIVISION

R96-101s FINDINGS AND RESOLUTION GRANTING AN EXEMPTION FOR

A DIVISION OF LAND FROM THE DEFINITION OF THE TERMS

"SUBDIVIDED LAND: FOR THE INDIAN CREEK ESTATES

PRELIMINARY RURAL LAND PLAN

R96-102s FINDINGS AND RESOLUTION DENYING THE FRANK MRD

APPEAL

R96-103g RESOLUTION PROVIDING FOR THE APPOINTMENT OF

INDEPENDENT REFEREES TO CONDUCT HEARINGS ON

BEHALF OF THE LARIMER COUNTY BOARD OF

EQUALIZATION

R96-104g RESOLUTION APPOINTING LARRY TIMM AS PLANNING

DIRECTOR FOR LARIMER COUNTY, AND KATHY SNELL

AS HEALTH AND HUMAN SERVICE DIRECTOR

Motion carried 2 - 0.

At this time, County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

15. LEGAL MATTERS:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 2 p.m. to discuss threatened litigation and on-going litigation.

Motion carried 2 - 0.

The Executive Session ended at 2:30 p.m.; no action taken.

MEETING TO AMEND THE 1996 BUDGET

(#52 @ 2000)

The Board of County Commissioners reconvened at 2:00 p.m. for a Public Hearing to Amend the 1996 Budget. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were Budget Manager Bob Keister and County Manager Frank Lancaster. Recording Clerk, S. Graves.

Mr. Keister stated that the purpose of today's public hearing is for the Board to approve mid-year revisions to the county budget which represents all the changes applied to the budget for the first half of the year; he noted that the resolution has been advertised in the newspapers. Mr. Keister that, except for very small adjustments, all the major items have been before the Board for approval; he noted that the total change to the budget is $5,774,000, which brings the total county budget from $114,359,000. to $120,133,000. Mr. Keister submitted a listing of all the adjustments and reviewed the three largest adjustments. There was no one present

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Notice and Resolution to Amend the Budget and Transfer and Appropriate Monies of the County of Larimer, State of Colorado for the Calendar Year 1996.

Motion carried 2 - 0.

R96-105g NOTICE AND RESOLUTION TO TRANSFER FUNDS AND

AMEND THE BUDGET FOR CALENDAR YEAR 1996

The public hearing adjourned at 2:45 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

____________________________________

Sherry E. Graves, Deputy County Clerk

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