PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 23, 1997

LIQUOR LICENSE HEARING FOR CANYON INN

(#204)

The Board of County Commissioners met at 2:00 p.m. for a Liquor License Hearing for the Canyon Inn. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were County Attorney George Hass, Deputy County Clerk Sherry Graves, and Recording Clerk Gael Cookman.

Following a review of the contents of the application file by Mr. Hass, applicant Elmer James Bernard Carr was sworn in and questioned. Mr. Carr noted that he operated the Canyon Inn from 1984 to 1990, and has decided to re-open the establishment as a tavern. Mr. Hass questioned whether Mr. Carr was still familiar enough with the liquor code, and explained that the Sheriff's department now has a training program in place for owners and employees of liquor establishments; he recommended that Mr. Carr take advantage of this training. Mr. Carr indicated he would do so. For the record, Mr. Hass noted that there was no one appearing at today's hearing in opposition to the granting of this license.

This matter coming on to be heard this 23rd day of June, 1997 as an application for a Tavern License from Elmer Carr, dba Canyon Inn, and the Board of County Commissioners having heard the testimony and evidence has considered the same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Colorado Tavern License be granted to Elmer Carr, dba Canyon Inn, located at 1053 Big Thompson Road, Loveland, CO.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the application of Elmer Carr, dba as Canyon Inn, for a Tavern License at the location of 1053 Big Thompson Road, Loveland, CO 80538, in the County of Larimer, and allow the license to be granted.

Motion carried 3-0.

The meeting adjourned at 2:25 p.m.

LAND-USE PLANNING MEETING

(#205)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Dan Tasman, John Pedas, Keith Schuett, Planners II; Doug Ryan, Environmental Health Planner; Rex Burns, Project Engineer, and Jeannine Haag, Assistant County Attorney. Recording Clerk, M. Zmerzlikar.

1. MCCONNELL MINOR RESIDENTIAL DEVELOPMENT APPEAL

(97-EX1050):

Chair Disney noted that a request has been made to table the McConnell Minor Residential Development Appeal until July 28, 1997; no one appeared to object.

M O T I O N

Commissioner Clarke moved that the McConnell Minor Residential Development Appeal be tabled until July 28, 1997, as requested.

Motion carried 3 - 0.

At this time, Dan Nelson presented a color rendering of Indian Creek Meadows which was the first development to go through the Rural Land Use Process. Mr. Nelson thanked the Commissioners for their hard work and efforts with the 35-acre task force. Chair Disney stated the Board greatly appreciated Mr. Nelson's hard work and patience on this project. Commissioner Clarke noted that the configuration of lots and open space in this development is a monumental step forward in preserving open space in Larimer County.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Board or members of the audience. Havyn Bradley asked that the Livermore Fire Protection District be removed from the Consent Agenda.

1. TURNER AMENDED MINOR RESIDENTIAL DEVELOPMENT

AND BOUNDARY LINE ADJUSTMENT (97-EX1062): 26-08-69 -

ON COUNTY ROAD 17, SOUTH OF COUNTY ROAD 54;

FA-FARMING ZONING

This project proposes adjusting the boundary line between Lot 2A in the Turner MRD (94-EX-562), owned by the Turners, and a previously unsubdivided lot adjacent to the north, owned by the Hansens. The acreage will be increased to 19.3233 acres with the addition of 3.5207 acres to Lot 2A. Staff findings are: 1) The proposed Turner Amended MRD and BLA is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The project is compatible with other development in the surrounding area; 3) Approval of the project will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the project. The staff recommendation is for approval of the proposed Turner Amended MRD and BLA.

2. LINN MINOR RESIDENTIAL DEVELOPMENT (97-EX1017):

NE ¼ 17-05-68; ON THE SOUTH SIDE OF US HIGHWAY 34,

¼ MILE WEST OF COUNTY ROAD 9; 38.183 ACRES; 1 LOT;

FA-FARMING ZONING

Plans for this MRD include splitting the 38.183 acre tract into two separate tracts, Lot 1 with 2.296 acres, and lot 2 with 35.887 acres. Lot 1, a rectangular portion of land at the northwestern end of the parcel, contains all the improvements on the property, including a house, garage, and several small sheds; the rest of the land is in agricultural use. The property owner does not plan to change the current use of the land in the proposed subdivision. Staff findings are: 1) The proposed Linn MRD is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The proposal is compatible with other development in the surrounding area; 3) Approval of the MRD will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the MRD.

The staff recommendation is for approval of the Linn MRD with the following conditions: 1) If Lot 2 is further divided it must go through the full subdivision process; 2) If a single family residence is built on Lot 2, school, road, and park fees will be applied and access must be shared with Lot 1.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Turner Amended Minor Residential Development and Boundary Line Adjustment (97-EX1062); and the Linn Minor Residential Development (97-EX1017), with the conditions as outlined.

Motion carried 3 - 0.

3. LIVERMORE FIRE PROTECTION DISTRICT (#97-RR1020):

This is a request to create a new taxing authority to provide fire protection and emergency services in the Livermore area. This item was removed from the consent agenda because an Addendum has been received by the Board regarding property owners requesting exclusion from the Livermore Fire Protection District Service Plan and a member of the audience had questions regarding the Livermore Fire Protection District Service Plan. The staff recommendation is that all requests for exclusion from the Livermore Fire Protection District be denied.

Rob Helmick noted that the Board has received an Addendum to the BCC Agenda, dated June 23, 1997, with seven requested exclusions which have met the statutory ten (10) day prior to the Board's meeting deadline.

Havyn Bradley addressed the Board at this time with questions regarding what determination the Board would make today and who will determine the mill levy now and in future years. Mr. Helmick stated that as required by statute, today's hearing will be for the Board's formal action to approve with conditions or deny the service plan as proposed by the petitioners; he continued that said plan will then be forwarded to the District Court which has the authority to set the election whereby a special district would be created. Mr. Helmick stated that the service plan proposes a mill levy; however, the final mill levy is contained in the ballot language and is voted on. After the initial year, the Board of Directors of the District establishes the mill levy, and the Board of County Commissioners certifies the mill levy to the Treasurer on an annual basis, and once the mill levy is set, it remains at that amount until the members of the district vote to change the amount.

At this time the Board of County Commissioners discussed the exclusions listed in the Addendum with regard to location of the properties requesting exclusion and cost to the owners of the property should services of the special district be required. Kevin Kline, Fire Service Consultant, informed the Board that statute does not require any notice during the formation of the district and to date no formal notice has gone out to the individual property owners; he reviewed the process for property owners to follow to petition to be included or excluded from the district at a later date and the process for invoicing excluded property owners if there is a fire on their property. Questions from the Board and discussion followed

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners deny the exclusions to the Livermore Fire Protection District.

Motion carried 3 - 0.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the proposed service plan for the Livermore Fire Protection District.

Motion carried 3 - 0.

4. ALTENBURG MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#97-EX1059) 25-09-69; AT THE NORTHEAST CORNER OF

COUNTY ROAD 15 AND COUNTY ROAD 64; 35 ACRES; 2 LOTS;

O-OPEN ZONING

The applicant is requesting approval from the Board of County Commissioners of an appeal of the criteria to apply for a Minor Residential Development for a property which was created after 1972. Mr. Helmick described the location of the property and reviewed the major issues and concerns; he noted that the property is used as the "home base" for the applicants cow-calf operation and the applicant has indicated the need for additional assistance in maintaining the operation on site, which requires the construction of a new single family dwelling. The property is proposed to be divided into a 15 acre and a 20 acre parcel; Mr. Helmick noted that he sent for brief referrals from the Health and Engineering Departments and no problems were indicated.

Staff findings are: 1) The Minor Residential Development process was amended in February 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) The applicant could apply to the Board of Adjustment for a Special Exception for the use of a mobile home on a 35 acre parcel to support an agricultural use; 4) This parcel was created after 1972 and is not eligible for the Minor Residential Development process; 5) Staff does not find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. Staff recommendation is that the Board of County Commissioners deny the requested waiver from the adopted Minor Residential Development criteria for the Altenburg Minor Residential Development Appeal.

William Altenburg addressed the Board of County Commissioners at this time; he stated that he has requested a water tap from Northern Colorado Water Association and that tap has been granted. Mr. Altenburg stated that they would prefer to build a home rather than locate a mobile home on the property and because the subdivision process is long, they would prefer not to have to go through that process and they are trying to preserve the agricultural nature of the area .

Commissioner Clarke asked Mr. Altenburg who would live in the other residence, who would maintain ownership, and how it would relate to the "cow-calf operation. The Altenburg responded that they would retain ownership of the property, exchanging labor for housing; he noted that the 35 acre site is home base where the cows are brought in the winter to calf and artificially inseminate before they go to the pastures in Wyoming. There are 65 registered pairs or 130 head and the labor required is intense during the winter. In response to a question regarding this being a feedlot, Mr. Pedas stated that a feed lot is for the specific purpose of "feeding and fattening" and this is "raising and growing". Chair Disney stated he has concerns granting variation to policy without significant public benefit derived from the variation to policy; he noted that precedent is a concern. Further questions from the Board and discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners deny the requested waiver from the adopted Minor Residential Development criteria for the Altenburg Minor Residential Development Appeal, File #97-EX1059.

Motion carried 3 - 0.

5. GASCA ZONING VIOLATION (#97-ZV1018) 1232 KING DRIVE, LOT 3,

BLOCK 1, PARADISE ACRES:

This alleged violation involves the storing of inoperable/unlicensed vehicles in the FA-Farming Zoning District. Mr. Pedas submitted photos of the site and provided the background information concerning the alleged violation. Staff findings are: 1) The property is zoned FA-Farming District; 2) The FA-Farming District does not permit junk yards or storage of vehicles not accessory to the residential use of the property; 3) The inoperable vehicles are highly visible from adjacent public roads; 4) Continued use of the property will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within thirty (30) days, and authorize legal action if the deadline is not met. The Gascas were not present for today's hearing.

Fred Hale, Vice President of the Association in Paradise Acres, addressed the Board stating that the neighbors have made numerous attempts to get the residents to remove these cars, especially the car parked in front; he noted that he has lived in the subdivision for eleven years and this car has been parked there most of that time. One neighbor has offered to buy the car, another neighbor has tried to get them to move the car; however, both attempts have been turned down.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners find that a violation exists, require compliance within thirty (30) days and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

6. AURORA HILLS SUBDIVISION AND REZONING (#97-MS1011) -

SE 11-06-69; ON THE SOUTH SIDE OF SKYWAY DRIVE,

¼ MILE WEST OF US HIGHWAY 287 (COLLEGE AVENUE);

7.5 ACRES; 32 LOTS; FA-FARMING ZONING

This request is to divide a 7.5 acre parcel into 32 lots for single family residential use (lots range in size from 7,500 square feet to 12,650 square feet) and to rezone the parcel from FA-Farming to R-2 Residential. Mr. Tasman described the location of this proposal and reviewed the major concerns and issues; he noted that the site is located within the Fort Collins UGA and is surrounded by development that was created through the subdivision process. Mr. Tasman stated that this project was reviewed by the Urban Growth Area Review Board (UGARB) on February 28, 1996 and they recommended it be approved subject to certain conditions suggested in the original Planning Department staff report. Mr. Tasman reminded the Board that on April 24, 1996, they voted 2-1 to deny the preliminary plat as residents of adjacent properties felt that Skyway and Constellation Drives were in poor condition, and unable to handle additional traffic generated by residents of the new Aurora Hills subdivision, that a new subdivision would contribute to drainage problems that exist in the area, and the lack of funds to repair the Skyway and Constellation Drives.

Staff findings are: 1) The development is consistent with the intent of the land use plan and the UGA; 2) The development will be similar in density and type of development to adjacent residential areas; 3) The existing zoning would not allow the property to develop in a manner that is consistent with the Larimer County Land Use Plan or UGA standards; 4) The development is consistent with the surrounding neighborhood; 5) The development complies, or has been modified, to meet with the recommendations of the referral agencies; 6) The application meets the technical requirements regarding development in the UGA; 7) No service provider has identified any conflict with their ability to serve the development; 8) The traffic impact of this development is consistent with the existing and anticipated street network. If an off-site street waiver is requested and approved, it will recoup, through fees, a portion of the cost of improving off-site roads; 9) The drainage of the site will be accommodated through the drainage plan and the detention pond proposed by the applicant; 10) The requirement for a PUD is inconsistent with the pattern of development in the surrounding neighborhood, and the size of the site would not generate significant open areas within the development.

Questions from the Board and discussion followed; Mr. Burns submitted copies and read aloud an Intergovernmental Agreement for Skyway Avenue, which was approved by the Fort Collins City Council by resolution at their June 17, 1997 meeting. The Agreement included conditions regarding access, street waivers, safety standards, and source of funding for improvements on Skyway. Much discussion followed.

At this time Jim Martell, attorney for the applicant, addressed the Board; he noted that the applicant is willing to accept all of the conditions that the staff has recommended which are the same conditions that the UGARB is recommending. Mr. Martell discussed several issues; he informed the Board that the applicant was willing to put in a mitigation system for each residence to avoid spending money doing the radon test before the Certificates of Occupancy are obtained. Mr. Martell stated that the other significant issue with this development is Skyway Avenue; he noted that the applicant is willing to agree and accept the recommendation of the County and City staff, who met and jointly determined that $50,000 would be the cost to improve Skyway Avenue. Mr. Martell noted that although the applicant is reluctant, but willing to do this, the issue of fairness must be considered and these 32 lots in Aurora Hills will pay the entire cost of the improvements, when in fact, the improvements are necessitated by past use of that street by all of the surrounding development. With respect to the Public Improvement District, the developer has agreed to join the Public Improvement District and these lots will pay assessment into that district; the developer will sign the petition as 32 lots. Mr. Martell stated that one of the requirements of Aurora Hills is that the internal roads will be privately maintained as the County does not accept internal streets for maintenance. Mr. Martell noted that these residents will not only pay to maintain internal streets, but also pay into a Public Improvement District to maintain internal streets in the surrounding subdivision. Mr. Martell requested Board of County Commissioners approval of this proposal with the conditions including the most recent agreement.

Monica Sweere, Manager of this property, addressed the Board regarding the fairness question of the off-site street waiver fees; she noted that there have been varying opinions about the waiver process conveyed to her by staff making the waiver of fees very confusing. Ms. Sweere stated that even though residents in Aurora Hills would not benefit, she is in effect signing for and sealing their future taxes, in the event the PID goes through and the residents will, in the event the Board approves the subdivision, have no opportunity to vote on this issue. Ms. Sweere stated that she has also agreed, very reluctantly, to pay the $50,000 in improvements but she is mystified with the way the county is handling waivers. Ms. Sweere stated that the existing degradation of the roads is not a result of the impact of Aurora Hills and the roads need to be improved whether Aurora Hills is built or not; she noted that two other new subdivisions use the same roads, and their combined impact will be much greater than Aurora Hills impact, and yet their off-site street waivers were considerably less. Ms. Sweere requested the Board to evaluate the fairness of the situation.

Christine Ortman addressed the Board commenting that she found it ironic that the Board accepted the color rendering earlier in the meeting today and commented about the importance of preserving open space, and yet with this proposal they are talking about infill; she noted that this neighborhood will be seriously impacted by this development. Chair Disney responded that the open space in the first development had the same land owner, while this development has multiple adjoining land owners. Commissioner Clarke noted that this is also an issue of location; Aurora Hills is in close proximity to the City of Fort Collins while the other property is north of Fort Collins and east of the interstate highway.

Questions from the Board and discussion followed; the Board concurred that it is not fair for the applicant to pay for all the improvements on Skyway given the fact that the current residents have used the road for at least 20 years. Commissioner Clarke addressed the fairness issue of the fee at the level of $1,562.50 saying that this amount is undoubtedly unfair to the applicant; he noted that ultimately, the people who buy these properties will have to pay to fix the road for people who have used the road for some time and will make no contribution to fixing that road. It would be unfair to stop this project and go back to fix this, since the applicant has agreed to this condition and would want to proceed with the development.

After discussion, the Urban Growth Area Review Board/Staff recommendation conditions of approval of the Aurora Hills Subdivision preliminary plat and rezoning the property from FA to R2 Residential, were amended as follows: 1) Applicant must pay the required park, school and drainage fees at the time of building permit; 2) A final landscape plan, including the required trees, must be submitted for review at final plat and approved by County staff; 3) Passive radon testing must be conducted in each residence before a Certificate of Occupancy is issued or the builder must provide a pre-mitigation system which meets the approval of the Larimer County Building Department; 4) Engineered footings and foundations are required for all building permits; 5) Lots 1 and 14, Block 1 must not have access to Skyway Drive. The final plat must be noted; 6) The internal roads must be privately maintained. Homeowners documents must insure that road maintenance is assured; 7) Road construction plans must address the concerns of the Engineering Department; 8) The applicant must prepare and execute the necessary annexation agreement to be filed with the final plat; 9) The applicant must prepare the necessary fugitive dust plan for review and approval before starting construction; 10) Construction traffic will not use Constellation to the best of the applicants ability; 11) Required to join the PID, sign the petition as 32 homeowners, and, as a covenant, continue to carry a mill levy after annexation as a contribution to road maintenance until such time that the entire area is annexed; 12) The applicant shall pay a road fee of $1,562.50 per lot at the time of issuance of the building permit and such funds to be paid pursuant to a pending IGA between the City and County for improvements to Skyway.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendation and approve the Aurora Hills Subdivision preliminary plat and rezoning, with the conditions as amended and outlined

Motion carried 3 - 0.

The hearing adjourned at 4:40 p.m.

CONTINUATION OF LAND USE MATTERS

(#206 & #207)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Richael Michels, Planner II; Marc Engemoen, County Engineer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. TIMNATH PIT SPECIAL REVIEW CHANGE OF CONDITIONS

(#92-ZR0111): SW 1/4 OF THE 11-06-68 - TWO MILES SOUTH

OF TIMNATH, 2/3 MILE EAST OF FOSSIL CREEK RESERVOIR,

EAST SIDE OF COUNTY ROAD 5, 1/2 MILE NORTH OF PTARMIGAN

COUNTRY CLUB; 280 ACRES; FA-1 FARMING ZONING

This is a request to change the haul route of a 280 acre gravel mining operation which also includes a concrete plant, an asphalt plant, and construction business as auxiliary to the mine. Ms. Michael provided the area analysis and project history and reviewed the major concerns and issues; she noted that the main issue related to this request is the fact that the requested southern haul route will take the truck traffic past the Ptarmigan subdivision on County Road 5 and the homeowners are strongly opposed to this change and the Town of Windsor is also opposed because of all the traffic that will be generated in the future from development in the CR 5/Hwy 392 area. Staff findings include: 1) The Timnath Pit Special Review was approved in 1992; 2) Many changes have occurred in road conditions and traffic patterns in the intervening years that support the proposed change in the haul route; 3) The changed haul route will provide a safer intersection from which mine traffic can proceed into Fort Collins; 4) The proposed southern haul route results in less impact on County roads; 5) The southern haul route is preferred by the Colorado Department of Transportation; 6) The southern haul route is preferred by the County Engineering Department; 7) The proposal will route traffic away from the Town of Timnath's poor road and the Town supports the proposal.

The Planning Commission's recommendation is for denial of the Timnath Pit Special Review change of conditions. The staff recommendation is for approval of the change of conditions of the Timnath Pit Special Review to allow the primary haul route to be: "south on County Road 5 to State Highway 392 proceeding primarily to the west on County Road 32 into Fort Collins" with the following conditions: 1) All road improvement conditions and other recommendations of the Larimer County Engineering Department and the Colorado Department of Transportation must be completed by the applicant within the time frame allowed for the completion of conditions for the Timnath Pit Special Review. These improvements include: a) Pave County Road 5 to County standards from the applicant's northern property line south to the existing paving; b) Overlay County Road 5 to County standards from the beginning of the existing paving south to the intersection with State Highway 392; c) Construct a right turn westbound acceleration lane on State Highway 392 to State and County standards; 2) All required road improvements shall require review and approval of construction drawings by the appropriate agency prior to beginning construction. Final inspection of the improvements must be completed by the appropriate agency with jurisdiction over the improved road. All road improvements must be included in an Improvements Agreement with collateral. Warranty collateral will also be required.

Steve Howard, attorney for the applicant, reminded the Board that in March of 1997, the reinstatement of the '92 permit was approved and the applicant was given one year to complete all the conditions and that is why they rushed their application through the Planning Commission, even though the traffic impact study and report from CDOT had not been received. Mr. Howard stated that safety is the big consideration and the south haul route is the logical, practical route to be used and more convenient for the applicant. Mr. Kehn, Vice-President of Kehn Construction, described the north haul route, noting it is steep, the site distance is poor, and the intersection of Harmony Road and I-25 is a hazard; he noted that the south haul route is a big road with all kinds of site distance. Mr. Kehn recounted all the things they are willing to do if the south haul route is approved; the Board asked several questions of Mr. Kehn. Bruce Erickson, traffic engineer, stated that he performed the traffic study for these routes, and he thinks the safety aspect of the south haul route is very important; he noted he didn't look at the accident history at either intersection. Louis Swift, adjacent property owner, stated that he has worked with Kehn Construction for 20 years in the mining of his pit and they have been wonderful people to work with and he supports the credibility of their company very highly; he noted he would benefit most by the north haul route, but safety is the issue and the south haul route is the shortest and easiest route to access a main arterial. Joe Haralson, adjacent property owner to the north, stated he would like to have black top by his house, but he favors the south route because of the safety issue.

Lucia Liley, representative for Windsor Investments, Ltd., the developer of Ptarmigan, and the Ptarmigan Homeowner's Association, submitted a packet of information containing thirteen exhibits for the Board to review; she noted that they do not want to close the operation of the Timnath Pit, but the conditions need to be resolved long term with the neighbors. Ms. Liley stated that one of the most important conditions in a mining operation is the haul route issue and concerns regarding noise, vibrations, visual impacts, etc. can greatly and seriously impact the quality of a neighborhood; she noted that this Pit was approved as a special review use and since they are requesting a change in that special review, she asked the Board to review the special review criteria (Exhibit 1) which is to consider the impact on the surrounding neighborhood to determine if it is harmonious, the effect on property values, adverse environmental influences, etc. Ms. Liley reviewed the sequence of events in this matter; she noted that in 1985 there was a requirement for the applicant to pave CR 5 south to Highway 392. Ms. Liley continued that in 1992, Mr. Kehn agreed to a change to the north route and he avoided having to meet that paving requirement and then Ptarmigan comes in and paved a large part of CR 5 and now the request is to change it back to the south haul route and avoid ever having to pay the paving costs of CR 5. Ms. Liley referred to the staff report and Exhibit 2 supporting the County's position opposing the south haul route. Ms. Liley discussed the Petition for Variance from the developer of Ptarmigan requesting a change of the 100 foot setback to 75 feet; she noted it was submitted on January 19, 1993, months after the 1992 special review approval in which the haul route was shifted from the south to the north. Charles Craft read aloud a statement of position from the Ptarmigan Homeowners Association in opposition to the request for a change in conditions. David Muth, resident of Ptarmigan Subdivision, referred to his Affidavit (Exhibit 5) outlining his concerns and he ran a video showing the Kehn trucks passing behind his home, the noise they generate, and the early morning times they travel; he also read a letter from his Realtor (Exhibit 6) stating that the road noise can reduce the value of property as much as 30% of fair market value. Mr. Muth stated that they purchased their home based on the decision made by the Commissioners in 1992 that the haul route to the north would be the designated haul route and he asked the Board to consider the long term effects of their decision tonight. Ms. Liley reiterated that there are serious neighborhood concerns with the haul route and Mr. Kehn has been unresponsive to those concerns and she reviewed the many ways he has been unresponsive to conditions, etc. Ms. Liley asked the Board to consider Mr. Kehn's track record and she asked who is going to monitor the hours and days of operation. Chip Merritt, property owner between Ptarmigan and Kehn, stated that he attended the hearing in 1992 and that night everything was a compromise and Mr. Kehn agreed to move his batch plant 1/2 mile to the north and haul to the north. Dan Hardy, adjacent property owner to CR 5, stated that he bought his home knowing there would be truck traffic, but he never dreamed there would be a truck passing by every two minutes; he noted that there is not a busier or more dangerous intersection than Highway 392 and I-25.

Steve Howard stated that the trucks shown in the video did not appear to be going excessive speeds; he noted that the traffic study concerns have been remedied and the focus of the testimony given today has been on the noise rather than safety and to suggest that all the '92 conditions have not been met, is not true. Mr. Swift stated that the main source of the noise is from the I-25, not CR 5. Mr. Kehn stated that CR 5 is a minor arterial and there are other gravel pits contributing to the traffic; however, he noted that noise and dust will not be an issue because CR 5 will be paved and the acceleration lane they are going to build will benefit everyone.

At this time, the public hearing portion of the hearing was closed and opened for Commissioner's remarks; questions from the Board and much discussion followed. Commissioner Clarke asked about the improvements identified for the Harmony and I-25 intersection; Chair Disney responded that the State Transportation Improvement Program has this intersection identified as North Front Range Project #36. Mr. Sheldon stated that they are having some land battles but they hope to start the project after January 1, 1998 and it will take one year to complete. Commissioner Olson asked which intersection will be the safest after these improvements are completed; Mr. Sheldon stated that the Engineering Department still thinks the south haul route will be the safest. Commissioner Clarke stated he has discussed this with the Windsor Town Board and the projected daily vehicle trips on this intersection when the proposed subdivisions are completed will be 30,000 per day. Mr. Engemoen addressed the Board and stated that the intersection of Highway 392 and CR 5 is a real concern to CDOT and there are going to be some major improvements there, but they have not been funded yet; however, he feels that these improvements possibly could be made more rapidly at this intersection than at the Harmony intersection. Commissioner Clarke responded that because safety is the critical issue, and as no money has been funded for the improvements for 392 and CR 5, but is funded for the Harmony intersection, it is his opinion that the south haul route is currently the safest route, the north haul route will be safer when the improvements are made on Harmony, and possibly the south haul route will be the safer route when improvements are made to 392 and CR 5. Mr. Engemoen suggested using the south route on an interim basis and this would give them an opportunity to revisit the issues associated with the north route and also consider other alternatives for the north route.

M O T I O N

Commissioner Clarke moved that in the matter of the Timnath Pit Special Review Change of Conditions that the Board of County Commissioners declare that the southern haul route (County Road 5 south to State Highway 392) shall be the designated haul route until the State Highway 68 (Harmony Road) and Interstate 25 improvements, as planned by the Colorado Department of Transportation (CDOT), are in place and functional. After such improvements are in place and functional, the designated haul route shall change to the northern haul route, which is north on County Road 5 to County Road 36, west to the frontage road then north to County Road 38. During this time of approval of the southern haul route, the applicant will not be required to build the acceleration lane westbound on 392 that was contemplated; however, they will be required to continue dust suppression on the unpaved portion of CR 5 north of the pavement adjacent to Ptarmigan. Within 30 days of the completion of the State Highway 68 (Harmony) and Interstate 25 improvements by CDOT, the applicant shall have completed the road improvements required in condition #4, which states: "The applicant will pave County Road 5 to County standards for the entire frontage of County Road 5 North to County Road 36, and shall pave County Road 36 from County Road 5 to the existing paving. This construction must meet County standards of minimum 30-foot pavement width and three-foot gravel shoulders (two, 12-foot paved lanes; two, three-foot paved shoulders; and two, three-foot gravel shoulders) and shall be in conformance with CDOT's Roadway Design Manual and Colorado Highway Specifications. Construction drawings must be submitted to the County and approved prior to beginning the road improvements. The road improvements must be completed and approved and a written agreement executed with the County regarding the improvements. The applicant shall provide dust control by watering County Road 5 from the south access road of his property to the south edge of County Road 32E on days that his trucks are making local deliveries south of the plant. In addition, when the County determines that the applicant's trucks contribute 30 VTD or more for more than 25 days in any 60-day period to the traffic use south of the plant, the applicant shall provide yearly chemical dust suppression from his County property boundary (i.e., end of asphalt paving) to CR 32E." Failure to comply will result in revocation of the Timnath Pit Special Review. The existing bridge on County Road 5, north of the applicant's property, does not need to be widened as part of the required improvements to County Road 5 but must be structurally sound for the truck traffic that it will handle; the applicant must demonstrate that the bridge is structurally sound or make the improvements needed to make it structurally sound. County Engineering must approve of the determination regarding the structural integrity or of the improvements; if the State's highway improvements are completed at a time of year when paving cannot be completed, County staff is authorized to extend the use of the southern haul route and the timing of the paving until the season or weather permits completion of the improvements.

Motion carried 3 - 0.

The hearing adjourned at 9:45 p.m.

TUESDAY, JUNE 24, 1997

ADMINISTRATIVE MATTERS

(#208 & #209 - Tapes Garbled)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Ralph Jacobs, Human Resources Director; Undersheriff John Kammerzell; Janelle Henderson, Natural Resources Director; Dick Anderson, Facilities Manager; Carol Schultz, Consumer & Family Education; Paula Morehouse, Extension Office Staff Services Manager; Kathy Snell, Community Services Director; Carol Gillespie, Community Development Manager; Ginny Riley, Deputy Director of Community Services; Lisa Schwarzburg, Housing Development Specialist; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Ron Fryrear, representing the homeowners in Victoria Estates, addressed the Board with their concerns regarding a house in their neighborhood which has been under construction for 4 to 5 years; he submitted pictures of the house. Mr. Fryrear stated that this partially constructed house is an eyesore and the weeds haven't been mowed once this year; he requested assistance from the Board to remedy the situation. Chair Disney informed Mr. Fryrear that the Board will discuss this matter with Code Enforcement Officer John Pedas and he assured him that appropriate action will be taken.

2. APPROVAL OF MINUTES FOR THE WEEK OF JUNE 16, 197:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of June 16, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JUNE 30, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of June 30, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for June 24, 1997:

MISCELLANEOUS DOCUMENTS: Crystal Lakes 6th Filing Amended Plat for Lots 73 & 74; Fox Acres Country Club First Filing Amended Plat for Lot 18; By-Laws of Larimer County Planning Commission; Annual Return/Report of Employee Benefit Plan - Flexible Spending Plans; Larimer County Re-employment Center Plan PY '97; Larimer County Older Worker Program PY '97 (JTPA). LIQUOR LICENSES: County approval was granted to Dal-Rae's High Country Inn - 6% - Red Feather, CO.; Waive of Hearing for the Citizens for Preservation of Property Rights for a 6% SPECIAL EVENTS PERMIT on July 20, 1997 at 5894 W. Highway 34 in Loveland, CO.; and a Waive of Hearing for a Change of Ownership for a 6% Tavern Liquor License for the Fargo County Roadhouse at 6520 S. College Avenue in Fort Collins, CO. Licenses were issued to: Bruce's Dark Horse Restaurant & Lounge - 6% - Estes Park, CO.; Ptarmigan Club - 6% WITH EXTENDED HOURS AND OPTIONAL PREMISES - Fort Collins, CO.; Hickory House South - 6% - Fort Collins, CO.; Casa De Colorado - 6% BREW PUB - Fort Collins, CO.; Conoco - 06382 - LaPorte, CO.; and Conoco #06381 - 3.2% - Bellvue, CO.

A97-111 REFUNDING AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TAKECARE INSURANCE COMPANY

(TIC) AND FHP (Refunding of Benefits Program for Larimer County)

A97-112 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND EMMACK CRONAN

GROUP, INC. (Consultant Services - Communications Strategic Plan)

D97-23 DEED OF DEDICATION BY MARY G. SCHMIDT (Dedication of

Property for Public Highway - Project #170)

D97-24 DEED OF DEDICATION BY HAROLD D. AND HELEN J.

HANDLEY - (Same as Above - Project #170)

C97-32 JOB TRAINING PARTNERSHIP ACT MASTER CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE STATE OF COLORADO (Implementation of the JTPA)

C97-33 EMERGENCY SHELTER GRANT CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE STATE OF

COLORADO (Provision of Emergency Shelter Funding Program)

R97-71g FINDINGS AND RESOLUTION APPROVING SERVICE PLAN

FOR PINEWOOD LAKE FIRE PROTECTION DISTRICT

R97-72s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

BELLCAMPTON MINOR RESIDENTIAL DEVELOPMENT

R97-73s FINDINGS AND RESOLUTION APPROVING THE HIGH PLAINS

SUBDIVISION

R97-74z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF WESTERN WIRELESS/MEADOW SPRINGS

R97-75s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN

AND PRELIMINARY PLAT OF EAGLE RANCH ESTATES II

PLANNED UNIT DEVELOPMENT

R97-76z REZONING AND SPECIAL REVIEW FINDINGS AND

RESOLUTION APPROVING THE PETITION OF MOUNTAIN

CONSTRUCTORS

R97-77s FINDINGS AND RESOLUTION CONCERNING THE VACATION

OF RIGHT-OF-WAY IN THE DRAGER PARK SUBDIVISION

R97-78s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

GREENWALD MINOR RESIDENTIAL DEVELOPMENT

Motion carried 3 - 0.

5. ADJUSTMENT OF SALARY ELECTIONS SUPERVISOR:

Mr. Lancaster informed the Board that a request has been received from the Clerk and Recorder's Office to raise the salary grade and classification for the Elections Supervisor position; he noted that this is a specialized position and a market survey was conducted which indicated that Larimer County is approximately 16% below the 40th percentile for this classification. Mr. Lancaster noted that Mr. Jacobs is recommending approval of this request.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the request from the Clerk and Recorder's Office to amend the 1997 Pay Plan by raising the salary and grade of classification of the Elections Supervisor from 150 to 156, as a market adjustment.

Motion carried 3 - 0.

6. DISCUSSION OF SHERIFF'S DEPARTMENT REORGANIZATION PLAN:

Mr. Lancaster informed the Board that he and Mr. Jacobs have been working with the Sheriff's Department on the reorganization of 35 positions; he noted that the only area of disagreement is regarding an increase in the grade classification for the Inmate Services Manager position, which they are requesting to raise from grade 155 to 167 (the same pay grade for lieutenants). In addition, Mr. Lancaster continued that there are two new positions which need to be created in the department; i.e., the addition of a lieutenant position in the operations section and the addition of a Detention Services Officer position at the Detention Center. Undersheriff Kamerzell described the existing situation in the Department and reasons for the requests. Mr. Jacobs agreed that the Inmate Services Manager position does need to be increased, but he expressed concern regarding an increase of 12 grades. Undersheriff Kamerzell stated that through vacancy salary savings, this increase can be funded within their current budget this year and next year; Chair Disney expressed concern about the long-term budget ramifications of this increase. After much discussion, CONSENSUS OF THE BOARD was to authorize Mr. Jacobs to reclassify the Inmate Services Manager position from grade 155 to grade 167, as requested.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request for the addition of one lieutenants position in the operations section of the Sheriff's department and the addition of a new Detention Services Officer position at the Detention Center.

Motion carried 3 - 0.

7. STAFFING FOR THE NATURAL RESOURCES DEPARTMENT:

Ms. Henderson requested Board approval to increase the current half-time landfill gate attendant position to three-quarter time to allow them to continue providing good customer service; she noted that this increase will cost approximately $3,000 for 1997 and $6,000 per year for subsequent years and the costs for 1997 can easily be covered by reallocating currently budgeted solid waste funds. Ms. Henderson submitted a Date/Time Analysis Report for the month of May showing the number of customers and volume received each day and noted that on May 3 of this year a new record of 1178 customers was reached.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the request to increase in the current half-time gate attendant position at the Landfill to three-quarter time.

Motion carried 3 - 0.

8. APPROVAL OF EXTENSION DEPARTMENT MOVE AND REMODEL:

Mr. Anderson submitted the plans for the remodeling of the Blue Spruce facility to accommodate the relocation of the Extension Department, and the remodeling of the second floor for a Health and Human Services area; he noted that they hope to have Extension moved by November 1, 1997. Mr. Anderson reviewed the budget line items and bids and noted that the request before the Board today is to approve $275,450 from the Capital Expenditure fund for this remodeling and relocation; much discussion followed. The Board had questions about some of the projected costs for furniture, relocation costs, etc.; Commissioner Clarke was also concerned about the amount of contingency included. Ms. Snell stated that she would meet with Extension Director Laurel Kubin to discuss the ancillary costs. Mr. Anderson requested the Board at least approve the expenditure of $196,360 for construction costs so they can proceed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the expenditure of $196,360 from the Capital Expenditure Fund for construction costs for the remodel and relocation of the Extension Department, and subject to the discussion held this morning, the Board will take a harder look at some of the other costs.

Motion carried 3 - 0.

At this time Commissioner Olson left the meeting because of a conflict of interest concerning the next item.

9. SPACE NEEDS FOR PROBATION:

Mr. Anderson requested Board approval of $3,960 a year to rent additional space in the Rocky Mountain Bank Building to alleviate the space shortage problem by providing additional space for employees in the Probation Office.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the expenditure of $3,960 to rent additional space in the Rocky Mountain Bank Building for employees in the Probation Office; funds to be derived from non-appropriated funds.

Motion carried 3 - 0.

10. COMMUNITY SERVICES RESOLUTION:

Ms. Snell requested Board approval of a resolution to merge the Human Development Department and the Social Services Department into a new Community Services Department.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the adoption of the Resolution to Merge the Larimer County Social Services Department and the Larimer County Human Development Department into a single department to be called the Larimer County Community Services Department, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-79g RESOLUTION TO MERGE THE LARIMER COUNTY SOCIAL

SERVICES DEPARTMENT AND THE LARIMER COUNTY HUMAN

DEVELOPMENT DEPARTMENT INTO A SINGLE DEPARTMENT

TO BE CALLED THE LARIMER COUNTY COMMUNITY SERVICES

DEPARTMENT

11. DELETION OF AFFORDABLE HOUSING INFORMATION SYSTEM PROGRAM (AHIS):

Ms. Riley reminded the Board that on June 10, 1997 the Board requested that an assessment be made of the AHIS program before approving the recommendation to retain the AHIS information in a dormant state; she noted that the assessment has been made and there is no doubt this system has provided and will continue to provide some very valuable information. Commissioner Clarke stated that he had a presentation on AHIS and the information gathered is very important and gives projections of what we might need in the future with regard to affordable housing. Ms. Riley noted that this request does necessitate the lay-off of the current person assigned to the project, Lisa Schwarzburg; she stated that Lisa has done a commendable job and this is very unfortunate. The Board expressed their appreciation to Ms. Schwarzburg.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the recommendation to retain the AHIS at the Department of Community Services in a dormant state until a strong need for its use presents itself.

Motion carried 3 - 0.

12. REQUEST FOR APPROVAL OF INTERIM OPERATIONAL PLAN FOR WELFARE REFORM:

The Board was requested to approve the Interim Operation Plan for Welfare Reform; she noted it includes activities to be performed between July 1 and October 1, 1997. The interim Plan was reviewed with the Board and it was noted that prior to October 1 of this year, they will be negotiating a contract with the State which will encompass more profound changes and performance goals. Ms. Riley noted that an Internal Restructuring Team, composed of 30-40 employees from the departments of Social Services, Employment and Training, Human Development, Cooperative Extension, Health and Environment, and Mental Health, was formed to recommend a new service delivery system for Larimer County government which supports the goals, requirements, and challenges of the new federal legislation and the Colorado Works Program. The following members of the Team attended today's meeting with the Board and were introduced: Joni Friedman, Keith Bainer, Marsha Ellis, Anne Schroeder, Dena Jardine, Susan Gardner, and Toni Gross. The Board extended their praise and honor to the Committee.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Interim Operational Plan for Welfare Reform, as requested.

Motion carried 3 - 0.

13. APPOINTMENTS TO OPEN LANDS BOARD:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Kathay Rennels on the Open Lands Board for a three-year term ending June 30, 2000 to represent the Planning Commission, and to appoint Linda Stanley to a one-year term on the Open Lands Board, ending June 30, 1998, as recommended by the Planning Commission.

Motion carried 3 - 0.

14. WORKSESSION:

-- Request for $800 for United Way: Mr. Lancaster informed the Board that it is time for the United Way Campaign to begin; he noted that last year the Board allocated $800 from the Special Projects Fund as a "kick-off" to the Campaign and traditionally has given one day off to the County Representatives on United Way. Mr. Lancaster asked if the Board wanted to do the same this year.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the expenditure of $800 for the United Way Campaign, funds to be derived from the Commissioner's Special Projects Fund, and support the program by providing a day off for the United Way County representatives.

Motion carried 3 - 0.

-- Request for Approval of Resolution for Area Trauma Advisory Council: Mr. Lancaster noted that the resolution concerning a multiple-county Area Trauma Advisory Council must be approved and submitted by July 1, 1997 but it is not back from the County Attorney's Office; therefore, he requested the Board to approve the resolution and authorize the Chair to sign same when presented for signature.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution concerning a Multiple-County Area Trauma Advisory Council, subject to approval by the County Attorney, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-80g RESOLUTION CONCERNING A MULTIPLE-COUNTY AREA

TRAUMA ADVISORY COUNCIL

-- Draft of Ballot Language for Facilities: Mr. Lancaster submitted a draft of the latest changes in the ballot language for the facilities issue; he reviewed those changes with the Board and asked if the Board approved of the changes. Chair Disney wanted it to be made clear on the ballot that the tax will only run until the facilities are paid for and no more than 15 years.

15. COMMISSIONER REPORTS:

-- Commissioner Olson contacted all the elected officials and invited them to a "Roll-Out" (unveiling of the tax initiative for facilities) on June 26, 1997 at the Cabinet Meeting.

-- Commissioner Olson noted that a letter was received from the Logan County Planning Department thanking Larimer County for Brice Miller's help in working with them on their new Uniform Building Code.

-- Commissioner Olson stated that she invited Kathy Snell to the Republican Breakfast next week to talk about Welfare Reform.

-- Commissioner Olson reported that Sheriff Shockley is attending on her behalf the CSU President's Committee Meetings.

-- Chair Disney read a letter from the E470 Project Authority stating that any new entity applying for membership must be appointed and must pay a fee of $12,500 to join the E470 Authority. Much discussion followed; the Board wondered if they could pool membership with another entity. Chair Disney will explore this possibility with the North Front Range members.

-- Commissioner Clarke extended thanks to the employees in the Food Stamp Division in Community Services for having the lowest error rate in the State of Colorado.

-- Commissioner Clarke stated that he has been asked to give a talk to NACO on citizen participation; he noted he wants to take a video of the call-in session they had on PLUS and include pictures of the 35-Acre Task Force in action. He stated that the Board has received very positive feedback on the call-in show.

-- Chair Disney stated that he received a call from Dean Smith of the Boxelder Sanitation District, representing some of the business owners in the northeast area and they are wondering what is the status of the improvements that CDOT was going to make at the I-25 and Highway 14 interchange. He noted that the interim solution is in place and seems to be working quite well. The long term improvements need to get into the North Front Range Transportation Plan and then funded. Chair Disney stated that this project needed to be initiated from Larimer County and this has been done and they are working on it.

16. LEGAL MATTERS:

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Sheriff Shockley, Sheriff's Legal Advisor Barbara Case King, Attorney Brad March, Risk Manager Kate Tremblay, and Al Kadera, John Pedas and David Korth of the Planning Department joined the meeting for Legal Matters.

-- Mr. Hass requested Board approval of a Settlement Agreement regarding payment of $180,000 to the Roybal Family from Larimer County; he recommended that the Board accept the settlement agreement. Mr. Hass stated that the agreement is not recognition of any wrong doing by anyone.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Settlement Agreement between the Board of County Commissioners and Ramona F. Roybal, individually and as Personal Representative of the Estate of Ernest Felix ("Bodie") Roybal, and authorize the Chair to sign same.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the transfer of $180,000 from the Insurance Reserve Fund to the Property Casualty Fund and authorize that the settlement in the amount of $180,000 be paid from the Property Casualty Fund.

Motion carried 3 - 0.

At this time, Sheriff Shockley submitted a Press Release regarding this matter.

-- Ms. Haag noted she received a call from Jim Martell regarding the Aurora Hills item heard by the Board during the Land Use Planning Meeting on June 23, 1997 asking whether or not the motion included approval of the rezoning from FA to Residential.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners, in the matter of the Aurora Hills Subdivision and Rezoning, approve the rezoning from FA-Farming to R-2 Residential, as requested.

Motion carried 3 - 0.

-- The Board was informed that the Building Department has been working with Donald Keithley regarding a zoning violation for building without a building permit. The County Attorney wrote a letter to Mr. Keithley and received no response; therefore, the request is for the Board to authorize the County Attorney to proceed with legal action.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the County Attorney to proceed with legal action in the matter of a zoning violation and file suit against Donald Keithley.

Motion carried 3 - 0.

-- Mr. Kadera discussed a problem in the Spaulding Lane Mobile Home Park which was approved by Special Review a few years ago; however, it has become evident that Lot 8 was excluded because it was in a 198 year lease separate the rest of the park. Mr. March, representing the Cherry Hills Sanitation District, has requested that the County create a separate lot to take the lot out of the mobile home park because of the problems this has caused for the District. Mr. Kadera reviewed several other options that could be considered to alleviate the problem; such as, do a boundary line adjustment or request a minimum lot variance through a Minor Land Division. Mr. Kadera stated that the County did not create this problem, it was created by Century Bank; he noted that when the people bought the mobile home park, they didn't realize the lease existed. After discussion, the Board told Mr. Kadera and Mr. March to work together and resolved this situation.

M O T I O N

Commissioner Olson moved that the Board go into Executive Session at 12:10 p.m. to discuss threatened litigation.

Motion carried 3 - 0.

The Executive Session ended at 12:45 p.m.; no action taken.

LIQUOR LICENSE HEARING

FOR MARRIOTT MANAGEMENT SERVICES CORP.

DBA THE RAMS HORN

(#204 @ 100)

The Board of County Commissioners reconvened at 2:00 p.m. for a Liquor License Hearing for the Marriott Management Services Corporation, dba The Rams Horn. Chair Disney presided and Commissioners Clarke and Olson were present. Also present was County Attorney George Hass, and Recording Clerk Gael Cookman.

Following a review of the contents of the application file by Mr. Hass, Sam Shada was sworn in and questioned. Mr. Hass questioned Mr. Shada in regards to the establishment and petitions that were circulated which demonstrate the surrounding neighborhood's approval of this operation. Mr. Shada indicated that he had been operating liquor establishments for a number of years and that he is certified through both TIPS and TEAM training in order to handle intoxicated persons, check for false identification, and so on. Mr. Hass noted for the record, that there was no one appearing at today's hearing in opposition to the granting of this license.

This matter coming on to be heard this 24rd day of June, 1997 as an application for a Hotel Restaurant License from The Marriott Services Corporation, dba The Rams Horn, and the Board of County Commissioners having heard the testimony and evidence has considered the same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Colorado Hotel Restaurant License be granted to The Marriott Services Corporation, dba The Rams Horn, located at CR 42 C&S Overland (Hughes Stadium), Fort Collins, CO 80526.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the application of the Marriott Services Corporation, dba as The Rams Horn, for a Hotel Restaurant License at the location of CR 42 C&S Overland (Hughes Stadium), Fort Collins, CO 80526, in the County of Larimer, and allow the license to be granted.

Motion carried 3-0.

The meeting adjourned at 2:10 p.m.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK

By: __________________________________

Gael M. Cookman, Deputy County Clerk

____________________________________

Sherry E. Graves, Deputy County Clerk

______________________________________

Mitzi A. Zmerzlikar, Deputy County Clerk