PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, AUGUST 18, 1997
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present was John Pedas, Code Enforcement Officer and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
1. PARKER REFRIGERATOR TRUCK VIOLATION (#97-ZV1026):
LOT 11, BLOCK 12, CARRIAGE HILLS 5TH FILING
This alleged violation is for using a dairy truck refrigerator unit as auxiliary cold storage for an off-premise business. Mr. Pedas provided the background information for the alleged violation, reviewed the major issues and concerns, and submitted photos of the subject property; he noted that the letter received from the Carriage Hills Property Owners Association cited complaints of noise from the unit and its negative visual impact in the neighborhood. Staff findings include: 1) The subject property is zoned E-Estate; 2) The E-Estate District does not allow outside storage not accessory to a permitted use; 3) A permanent refrigerator truck used for off-site storage is inconsistent with the residential character of the neighborhood; 4) Continued use of the property in violation of the provisions of the E-Estate District will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
Chair Disney asked if the refrigerator truck is currently licensed; Mr. Pedas responded in the negative. Tom McEvoy, neighbor to the Parkers, noted that the truck is parked next to his bedroom window and the sound is no more disturbing than a ticking clock; he noted for the record that the letter sent from the property owner's association indicated that his wife made the complaint about the noise and this is not true and an absolute lie. Chair Disney stated he appreciates what Mr. McEvoy is saying, but this is an obvious violation of the zoning code, and if allowed to continue, the County has to allow other violations. Commissioner Clarke noted that the outdoor storage for a commercial purpose is a zoning violation and not allowed in this neighborhood.
M O T I O N
Commissioner Clarke moved, in the matter of the Parker Refrigerator Truck Violation, 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 deadline is not met.
Motion carried 3 - 0.
2. MCEVOY VAN SHUTTLE/TAXI SERVICE VIOLATION (#97-ZV1024):
LOT 10, BLOCK 12, CARRIAGE HILLS 5TH FILING
This alleged violation is for operating a transportation service (van shuttle - 24 hour taxi) in a residential neighborhood zoned E-Estate District. Mr. Pedas provided the background information for the alleged violation, reviewed the major issues and concerns, and submitted a copy of the yellow pages from the Estes Park phone book showing an advertisement of the business and listing the address for the business the same as the home. Staff findings are: 1) The subject property is zoned E-Estate District; 2) The E-Estate District does not allow business/commercial uses; 3) The transportation services use of the property contributes additional traffic in an otherwise residential neighborhood; 4) Commercial vehicle parking is inconsistent with the residential character of the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
Property owner Tom McEvoy addressed the Board and stated that the phone number listed for the business is for the phone which is in the cab 24 hours a day and very rarely is the cab at the home; he stated that he thinks they are being discriminated against because they are Irish as there have been, and are currently, other businesses being operated out of the homes in Carriage Hills. Mr. McEvoy informed the Board that they are operating a taxi business which is providing a much-needed service in Estes Park; he noted they lost $7,000 last year and they have put their life savings into this business and cannot afford to pay rent downtown to operate out of a different location. Mr. McEvoy stated, however, that they have been looking for another place to relocate the business, but have not been able to find anything affordable; he noted that if they are driven out onto the street, this business will fail and Estes Park will suffer the loss. Mr. McEvoy stated that they left northern Ireland because conditions were so awful and now the same thing is happening here in America.
Questions from the Board and discussion ensued; Commissioner Clarke stated that he appreciates the independent spirit of the McEvoys, but it is obvious that this matter is a violation of the Larimer County zoning laws. Responding to questions from Commissioner Clarke, Mr. McEvoy noted that when they moved into the neighborhood, they were not informed of neighborhood covenants which explained what was or was not allowed in the neighborhood; again he reiterated that the vans are very seldom on the property, they are on the road 24 hours a day. Chair Disney stated he has mixed feelings about this matter because he knows the McEvoy's are providing a valuable service in the Estes Park area; however, if the Board allows people to make up their own rules, chaos will rule. Commissioner Olson suggested that, since the McEvoys have been making an effort to look for another location for their business, the Board allow 6 months for the McEvoy's to come into compliance. The Board requested Mr. Pedas to correspond with the President of the Carriage Hills Property Owners Association to explain why the Board is allowing six months for the McEvoys to come into compliance; they also asked him to check on the other zoning violations that possibly exist in Carriage Hills because the rules should apply fairly and equally to everyone.
M O T I O N
Commissioner Clarke moved, in the matter of the McEvoy Van Shuttle/Taxi Service Violation, that the Board adopt the staff findings and amend the staff recommendation and find that a violation exists, require compliance within 180 days, and authorize legal action if the deadline is not met.
Motion carried 3 - 0.
3. CRIM JUNKYARD/DUMP VIOLATION (#92-ZV0104): LOT 16,
This alleged violation is for outside storage of inoperable/unlicensed vehicles, junk, household refuse, and assorted debris in the R-Residential Zoning District. Mr. Pedas provided the background information for the alleged violation, described the location, reviewed the major issues and concerns, and submitted pictures of the site; he noted that since 1992 there have been other violations cited on this property and the property owners temporarily clean the area, but in a short time the violations reoccur, and recently a hauling business associated with the property has resulted in large amounts of garbage being deposited on the site. Staff findings include: 1) The subject property is zoned R-Residential District; 2) The R-Residential District does not permit outside storage not accessory to a permitted use, salvage or dumping operations; 3) The accumulation of vehicles, refuse and other debris poses a fire and health hazard; 4) Continued use of the property inconsistent with the zoning regulations will affect property values in the immediate area. The staff recommendation is to find that a violation exists, require compliance within 10 days, and authorize legal action if the compliance deadline is not met.
It was noted for the record that the property owner was not present for the hearing today; the following adjacent property owners addressed the Board with their concerns: Gail Elliott, Gene Corley, and Ray Souther. Ms. Elliott stated she has lived in the neighborhood for 30 years and she has never seen it as bad as it is now; she also submitted recent pictures of the site and read aloud a letter listing the concerns of another neighbor, Carol O'Bryan, who could not attend the hearing. Ms. Elliott stated that the neighbors have been coming to meetings with the Commissioners for 20 years to complain about the situation, but it never improves for very long; she noted that the current status of the property is that it is a junkyard and storage area and the weeds are totally out of control in the yard and vehicles are repaired out on the street resulting in congestion on the road. Mr. Corley submitted additional pictures of the site and an ad from the local newspaper indicating that they are operating a hauling service from this address; he recommended that the Board not grant a period of time for this yard to be cleaned, but to impose a penalty to be enforced immediately. Mr. Souther agreed with the two previous speakers and added that this is a ghetto and junkyard and a disgrace to the neighborhood and he requested help from the Board to remedy the situation.
Questions from the Board and discussion followed; Chair Disney stated that the Board cannot impose a penalty, only authorize legal action to be taken. Commissioner Clarke stated that this situation appears to far exceed a zoning violation and he asked what can be done under a public nuisance law; Ms. Haag responded that Larimer County does not have a specific regulation in effect that deals with abatement of public nuisances. Ms. Haag continued, however, that the neighbors have their own independent recourse and can bring civil action to enforce the zoning resolution or convince the Court it is a public nuisance; she noted that there just isn't a good alternative to remedy the situation on a long-lasting, permanent basis. Commissioner Clarke stated that the City of Fort Collins has a public nuisance ordinance which works real well and he wishes the County had the ability to approach this situation in the same way because it is obvious that a zoning violation and public nuisance exist and he is concerned about the property rights and property values for these property owners. Commissioner Olson asked about the fire department and health department personnel also looking into this matter. Chair Disney asked if it would be possible to monitor this situation on a regular basis so if they come out of compliance, the County would have the authority to go in and clean it up and bill the property owner; Ms. Haag stated that this would require a new lawsuit.
M O T I O N
Commissioner Clarke moved, in the matter of the Crim Junkyard/Dump Violation, that the Board of County Commissioners find that a violation exists, require compliance within 10 days, and authorize legal action if the compliance deadline is not met; and request that the County Attorney research what might be available to the County under Colorado Statute to enact legislation that pertains to public nuisance.
Motion carried 3 - 0.
The hearing recessed at 4:20 p.m.
CONTINUATION OF LAND-USE HEARING
The Board of County Commissioners reconvened at 7:00 p.m. for continuation of land-use matters with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rob Helmick, Senior Planner; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
1. COMMENCEMENT RIDGE SUBDIVISION PRELIMINARY PLAT
(#95-SU0650): W 1/2 - 19-05-69 - 1/2 MILE WEST OF COUNTY ROAD 23E
AND 1/4 MILE NORTH OF COUNTY ROAD 18; 31.92 ACRES; 12 LOTS;
This is a request to divide 32 acres into 12 lots of 2.4 acres each for single family dwellings; a portion of this property is Lot 3 of the McAfee Minor Residential Development. Mr. Helmick provided the background information for this request, described the location, and reviewed the major issues and concerns; he noted for the record that this hearing was scheduled for an evening hearing because of the large amount of public participation at the Planning Commission meeting. Mr. Helmick explained what is contained in the staff report tonight and presented a revised plan of the proposal, reflecting revisions made after the Planning Commission hearing; he also submitted an updated memo from Mr. Ryan responding to concerns discussed at the hearing regarding the sanitation system. Mr. Helmick informed the Board that at the Planning Commission meeting, staff recommended denial of this proposal, based on the applicant not meeting a number of technical issues; however, since those issues have been resolved, the staff recommendation has been changed to approval. Staff findings include: 1) The proposal is of a similar density to the surrounding neighborhood; 2) The Land Use Plan designates this area as rural; the density of the surrounding area is not entirely consistent with that designation; 3) The design of the proposal is consistent with the recommendations of the Engineering Department, with respect to the road and street plan. The plan creates constrained building sites, but can meet with the recommendation of the Health Department regarding the adequate provision of on-site sewage disposal systems; 4) The proposal is consistent with the purposes of the Subdivision Regulations.
John Chilson, applicant and attorney for Rose Acres LLC, stated that the proposal before the Board tonight is a much simplified version of what was presented at the Planning Commission hearing; he explained the reason for the redesign of the proposal was to alleviate concerns raised at the hearing. Mr. Chilson stated that a concern regarding what this development would do to water pressure in the area can be alleviated by extending the 8 inch line from CR18 & CR23 across the Handy Ditch into Foothills Shadows; he noted that originally he planned to hook onto the 6 inch line that abuts this property, but that would not have provided adequate pressure in the area. There was much discussion on treatment of the roads, the number of daily vehicle trips on the road, adequate dust suppression, formation of a Public Improvement District so the cost of paving is borne proportionately by everyone who benefits, etc.; Mr. Chilson summarized what they are willing to do with respect to the roads. In closing, Mr. Chilson stated that he has been involved in land use for clients for many years and did not always have the best relationship with the Larimer County Planning Staff, but he expressed appreciation to Mr. Helmick for his professional manner in working on this proposal and for being straight forward with him at all times.
After much discussion of whose responsibility it is to improve the roads and the treatment to be used, the modified conditions of the Planning Commission/Staff recommendation of approval were amended further as follows: 1) Road fees due at building permit; 2) Park fees due at building permit; 3) School fees due at building permit; 4) Engineering footings and foundations are required; 5) Results of radon detection tests conducted in new residential structures shall be submitted to the Planning Department prior to issuance of a Certificate of Occupancy. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 6) Proof of water service from Little Thompson Water District is required at final plat; 7) Site plans for each lot indicating the building envelope and the location for the primary and replacement sanitation systems shall be submitted prior to the Board of County Commissioners hearing; 8) Interior roads will be paved with 24' width of asphalt mat pavement with 4' gravel shoulders on each side; 9) County Road 18 and Wheatridge Court will be brought up to County geometric standards of 32' width of gravel road base, utilizing recycled asphalt; 10) A note shall be placed on the plat and a disclosure statement provided to prospective purchasers noting the engineering for the septic systems and soil conditions; 11) There will be no on-street parking allowed inside the development; 12) The detention pond shall be contained within a specific purpose easement on Lots 3, 4 & 5, as indicated on the revised plat. The homeowner's documents shall clearly indicate the responsibility for the maintenance of the detention pond and specify restrictions on its use; 13) A plat note shall be noted to advise prospective lot owners regarding rural issues as detailed in the memo from the Health Department; 14) The applicant shall provide proof of adequate water service for fire protection (i.e., pressure and flow for fire hydrants) or the plat shall be noted to require residential fire sprinklers; 15) The final plat shall comply with the recommendations of the Engineering Department, except as modified by the recommendations as contained in the letter from Engineer Rex Burns to Rose Acres LLC, dated April 9, 1997, and included in the staff report presented tonight on pages 44 & 45.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and approve the Preliminary Plan for the Commencement Ridge Subdivision, subject to the conditions recommended by the Larimer County Planning Commission, as modified in the staff report dated August 18, 1997, and as further amended this evening.
Motion carried 3 - 0.
The hearing adjourned at 8:20 p.m.
TUESDAY, AUGUST 19, 1997
The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Marc Engemoen, County Engineer; Dick Anderson, Director of Facilities; Janelle Henderson, Director Natural Resources; Loyd Berry, Agronomist; Ralph Jacobs, Director Human Resources; Jodi Boatright, Human Resources Staff Services Manager; Deni LaRue, Community Information Officer; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: Francis and George Banderet and Jeannie Staker addressed the Board, on behalf of their elderly parents, with their concerns regarding the west end of WCR6; they noted that there are six landowners north of WCR6 that claim their southern property line includes this road and on August 14, 1997, they installed a locked gate across the road creating a land lock situation for access to their parent's home. Francis Banderet stated that they have documentation showing that this road has had open access from the early 1900's to the present; he noted that their parents have used the road for forty years, and they are requesting Larimer County to settle this matter. Mr. Engemoen noted that Jerry White, Right-of-Way Agent for the County, has discussed this matter with the County Attorney and requested the property owners to gather affidavits to show evidence that the county road has been used as a public road for some time, because they can't find evidence that it was platted as a county road. Mr. Banderet informed the Board that they have obtained approximately 75 affidavits signed by people indicating they have used the road since the 1920's with no limited access. Mr. Engemoen stated that WCR6 was never was a dedicated road and the question to be answered is, if the affidavits are provided, can this road be dedicated as a public road or does this matter have to go through the Courts? The Board will discuss this matter with the County Attorney later this morning during Legal Matters and Mr. Engemoen will obtain copies of the documentation the Banderets have to share with the attorneys.
2. PRESENTATION OF HATS TO JANET THAYER AND STEVE PORTER:
Chair Disney presented Larimer County white hats to Steve Porter for his excellent article on Horsetooth Dam and to Janet Thayer for the excellent series on the Larimer County Landfill and for the great job they both do covering the news of the County.
3. APPROVAL OF MINUTES FOR THE WEEK OF AUGUST 11, 1997:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of August 11, 1997, as submitted.
Motion carried 3 - 0.
4. APPROVAL OF SCHEDULE FOR THE WEEK OF AUGUST 25, 1997:
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of August 25, 1997, as submitted and revised.
Motion carried 3 - 0.
5. APPROVAL OF CONSENT AGENDA:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for August 18, 1997:
MISCELLANEOUS DOCUMENTS: Lenart Minor Residential Development Plat; and Program Year 1994 Job Training Partnership Act (JTPA) Closeout Package. LIQUOR LICENSES: Licenses were issued to: Nightingales - 6% - Fort Collins, CO.; and Taharaa Mountain Lodge - 6% - Estes Park, CO. County approval was granted to: Bohemian Cottage - 6% - Loveland, CO.
A97-131 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS AND THE STATE
OF COLORADO, COLORADO WORKFORCE COORDINATING
COUNCIL OF THE OFFICE OF THE GOVERNOR (One-Stop Career
Center Implementation Grant)
A97-132 GRANT OF EASEMENT AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND STEPHEN W. AND
KATHLEEN HIRD (Access Easement for Hidden Springs Ranch Road)
A97-133 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND GERALD F. AND
JEANETTE THOMAS (LaPorte Plaza Planned Unit Development)
Motion carried 3 - 0.
6. PROCLAMATION OF LONGS PEAK HIGHLANDS FESTIVAL:
Dr. James A. Durwood, President of the Longs Peak Scottish Highland Festival, presented Scottish Festival hats and pins to the Board and reviewed the history of the Festival; he noted that at the first gathering of the Scottish Festival 21 years ago, only 18 people came to celebrate their cultural heritage. Chair Disney read aloud the Proclamation for the 1997 Longs Peak Scottish Highland Festival.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners proclaim September 4 through September 7 the 1997 Longs Peak Scottish Highlands Festival, and authorize the Chair to sign the Proclamation.
Motion carried 3 - 0.
7. COURTHOUSE AND NEW HUMAN RESOURCE OFFICE RENOVATION:
Mr. Anderson requested Board authorization of an expenditure in the amount of $139,900 to move Human Resources and the Law Library out of the present Courthouse to facilitate necessary space for the District, County, and Magistrate Judges; he noted that these costs would not be necessary if the Justice Center proposal had passed last November and additional costs will be incurred in the future for renovation and rent if the Justice Center proposal does not pass this November. Mr. Anderson reviewed in detail the timing and sequence of relocations and remodeling that will be done.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the expenditure of up to $139,900 for renovation of the Courthouse and 212 West Mountain Avenue to provide additional space for the Courts; funds to be derived from the Capital Expenditure Fund.
Motion carried 3 - 0.
8. UPDATE ON WEED CONTROL, REQUEST FOR APPROVAL OF NEW NOXIOUS WEED LIST, SUBMISSION OF VEGETATION MANAGEMENT PLAN, ETC.:
Mr. Berry provided an update for the Board on their authority, both outside and inside the Weed District's boundary, under the Colorado Noxious Weed Act; he also requested approval from the Board for additions to the noxious weed list for the County and approval to require specific landowners to submit a vegetation management plan to the Weed District at the beginning of each year, and discussed funding for weed activities outside the District. Mr. Berry stated that the Weed District is experiencing increasing pressure to provide services outside the District and he is unable to respond to this demand because weed laws prohibit the use of funds collected inside the District for services outside the District. Commissioner Olson asked if the Weed District can be expanded; Mr. Berry responded that it cannot - the District can be dissolved and go County wide, but then they would lose their funding and also to go County wide would require a vote of approval from the citizens. Mr. Berry informed the Board that the Weed Laws give authority to require a vegetation management plan from any landowner that needs extra incentive to control weeds and he noted that mailings of newsletters to persons outside the District costs money and he asked if that expenditure is to come out of his budget; Commissioner Olson suggested taking it out of the Commissioner's Special Projects Fund. CONSENSUS OF THE BOARD was to direct Mr. Gluckman to work with Budget Manager Bob Keister, Mr. Berry, and Ms. Henderson to determine source of funding for this expenditure.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve establishment of a new County noxious weed list, as submitted, and use the authority of the Colorado Noxious Weed Act to require designated landowners to develop a vegetation management plan to be submitted to the Weed District by January 1 of each year, as requested.
Motion carried 3 - 0.
9. BUDGET FOR DEATH OF AN EMPLOYEE POLICY:
Mr. Jacobs noted that during a previous discussion with the Board regarding the Death of an Employee policy, the Board agreed to pay up to $5,000 in funeral expenses in the event of an employee's death on the job; however, at that time, action was not taken to amend the 1997 Human Resource Department Budget to reflect that decision; Mr. Jacobs requested Board to take that action today.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve amending the 1997 Human Resources budget by adding $5,000 to cover the minimum commitment arising from the Death of an Employee Policy.
Motion carried 3 - 0.
-- Policy Worksession for August 21 - IGA Work Session: Mr. Gluckman asked the Board the order in which they wish to discuss agenda items during the Policy Worksession this Thursday; the Board decided to discuss IGA's first and then discuss the subjects for the next TV show and the worksession will start at 9:30 a.m. instead of 10 a.m.
-- August 28, 1997 Cabinet Meeting: Mr. Gluckman asked the Board what items they want included on the agenda for the Cabinet meeting on August 28, 1997; they suggested facilities, report from the Budget B Committee, communicate with the Committee what they can and cannot say and do when the facilities proposal goes on the ballot, additional employee meetings regarding the facilities question, update on Courthouse security issue.
-- CSU President's Community Relations Committee: Mr. Gluckman stated that at the CSU President's Community Relations Committee Meeting, he noted that most of the attendees are in pairs and Larimer County is the only single entity and, he suggested in order to have consistency and to equal things out with the other attendees, it might be wise to have the County Manager also attend these meetings; CONSENSUS OF THE BOARD was to agree with the suggestion.
-- Meeting with City Council Next Week: Mr. Gluckman noted that the Board meets with the Fort Collins City Council next week on August 28, 1997, and he asked if there were agenda items they wish to discuss at that meeting; the Board suggested talking to them about facilities, Block 31, and a citizens report. Mr. Gluckman will propose these agenda items; it was also suggested they could show the jail video and visit them about Budget A & B.
-- Meeting with Legislators: Mr. Gluckman stated that they are going to schedule a meeting with the local Legislators and will be doing an orientation on County structure, budget process, issues the County will have in the next 5 to 10 years, etc.; he noted also that they are going to discuss upcoming legislative issues, such as tax policy, impact fees, etc. and have division heads do individual presentations. He asked if the entire Board wants to attend; they responded in the affirmative if their schedules will allow.
-- Report on Meetings with FEMA: Mr. Gluckman provided an update on the meetings with FEMA and noted they are starting to do their inspections; he stated that these meetings include representatives from Public Works, Sheriff's Office, Emergency Management, Health & Human Services, Assessor's Office, etc. Mr. Gluckman stated that they are going to continue to meet on a weekly basis so efforts can be coordinated and not duplicated and all funds deserved will be received.
-- 1998 CCI Steering Committee Meeting Calendar: Mr. Gluckman submitted the 1998 CCI Steering Committee Meeting Calendar for the Board to review; the Board decided which Commissioner, division head, or staff member will attend the various CCI Steering Committee meetings.
-- Service Arrangements for Chris Christensen: The Board requested Mr. Gluckman to write a letter, which the Board will sign, to the family of Chris Christensen, Douglas County Commissioner and CCI President, extending the Board's sympathy; Mr. Christensen died suddenly at home last Friday and his services are today at 2:00 p.m.
-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend. Ms. Hart presented three gift ideas (daily calendar booklet, letter opener, or writing pen) to be given to members of Boards and Commissions at the reception to be held this Fall at the Lincoln Center and requested the Board to select which item they would like to give this year; because the daily calendar booklet has been presented and appreciated in the past, CONSENSUS OF THE BOARD was to select that gift to be presented again to each Board and Commission member.
At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Jim Reidhead, Director Rural Land Use Center, joined the meeting for Legal Matters.
11. LEGAL MATTERS:
-- First Reading of the Noise Ordinance: Mr. Haas introduced and read aloud the First Reading of the Ordinance Concerning Noise Levels in Unincorporated Larimer County; he noted that copies of the Ordinance are available in the Commissioner's Office for public review and the second reading is scheduled for September 22, 1997 at 7:00 p.m. in the Commissioner's Hearing Room.
-- Request for Chair's Signature on Release of Deed of Trust: Ms. Haag informed the Board that several years ago the County was involved in a project with Neighbor to Neighbor in which they loaned money to people for rehabilitation of homes; the program was later turned over to Loveland Rehabilitation. Ms. Haag stated that one of the loans was made to Kathryn Dugdale Aron and Kathryn Mann Dugdale for approximately $13,700; this loan was secured by a Deed of Trust against a home owned by the borrowers. The loan was paid in full in February 1997 and the title company is asking for a Release of the Deed of Trust. Ms. Haag continued that in order to release the Deed of Trust, the County needs to present the original canceled promissory note to the Public Trustee. The County has been unable to locate the original note. If the Public Trustee is unable to accept an Affidavit or Indemnity in lieu of the note, a Lost Instrument Bond will be required, which will cost $137; Ms. Haag requested the Chair to sign the Request for Release of Deed of Trust.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners authorize the Chair to sign the Release of Deed of Trust and authorize funds for the expenditure of $137 for a Lost Instrument Bond, if needed; funds for this expenditure will be derived from the General Fund Carry Over.
Motion carried 3 - 0.
D97-31 REQUEST FOR RELEASE OF DEED OF TRUST
-- Discussion of Installation of Gate and Creation of Land Lock Situation on WCR6: Mr. Hass stated he has not had time to review the facts in this matter and will research the issue and report back to the Board during Administrative Matters next week.
-- Executive Session:
M O T I O N
Commissioner Olson moved that the Board go into Executive Session at 11:05 a.m. to seek legal advice regarding a conflict of interest and a personnel matter.
Motion carried 3 - 0.
The Executive Session ended at 12:05 p.m.; no action taken.
PUBLIC HEARING FOR FORT COLLINS INDUSTRIAL PARK
The Board of County Commissioners reconvened at 3:30 p.m. for a Public Hearing to consider formation of the Fort Collins Industrial Park Local Improvement District. Chair Disney presided and Commissioner Olson was present. Also present were: Rex Burns, Special Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.
Chair Disney noted that the purpose of today's public hearing is to consider the formation of the Larimer County Local Improvement District No. 1997-1 for Fort Collins Industrial Park, and to adopt a resolution declaring said district to be formed, organized and established; he stated that if the district is approved and formed today, it will be on the November ballot to be voted on by the property owners in the district.
Mr. Burns described the location of the district and noted that a local improvement district is for the purpose of improving and rehabilitating the streets in said district. Mr. Burns described the current state of the roads and what improvements would be made; he stated that the County will also improve the drainage in the subdivision and the total cost of the improvements has been estimated at $280,000, which includes a 20% contingency. Mr. Burns stated that if the cost is greater, they will not proceed with the project. Mr. Burns informed the Board that a local improvement district is an assessment district, and the County issues municipal bonds to pay for the initial cost of the improvements and then repaid by special assessment against the property owners in the district. Mr. Burns stated that the special assessments can be repaid over a period of 10 years, or the property owners may pay the assessments off at any time and avoid any further interest costs. Mr. Burns noted that the County has received a petition signed by property owners in the district requesting the County to proceed with formation of this district.
Ms. Martell stated that there are 56 lots in the proposed district and the owners of 34 of those lots, or 61%, signed the petition in favor of the district; she noted that there are two lots that are unusually large, and the bond attorney felt they should have more than one assessment, so one property owner is going to pay three assessments and the other one has agreed to two assessments. Mr. Burns stated that the estimate assessment for each lot is $4,746; he added that, in his opinion, the value of their properties will increase as much as the assessment.
At this time the hearing was opened for public comment and the following persons addressed the Board: Tony Domland, Joe Bunton, Stephen Martin, Jack Guiliano, and Cliff Buchholz. Mr. Domland asked if improvements to Commerce and Racquette Drive will include curb and gutter; Mr. Burns responded in the negative. Mr. Domland also asked about location of the storm sewer and if there is any possibility of providing a drainage system at the east end of Parkway. Mr. Bunton stated he thinks the real problem in this area is drainage and would prefer to spend his money on drainage rather than surface road construction; he doesn't think the roads will hold up without proper drainage. There was much discussion regarding the drainage problems in this area and Mr. Burns provided his reasons for the locations chosen for drainage improvements. Mr. Martin, one of three owners of KMR Investments and owners of three lots, stated that the biggest problem has been storm water drainage and he agrees with the first two speakers that the most serious problem in this subdivision is drainage and the priority issue should be a comprehensive solution to the drainage problem. John Guiliano stated that he and Mr. Burns have been talking about drainage since 1973 and he doesn't think the people on the south end of the subdivision are going to benefit, the improvements will only help the water get their faster; he asked why he is being assessed for road improvements on a road that is already accepted by the County and he stated that he is willing to pay his fair share for the drainage, but not for the roads. Mr. Burns responded that the County tries to treat all subdivision streets the same, and would like to have more money and pick up the cost of street improvements, but the Road and Bridge Fund cannot do that - out of 100% of the property taxes collected, only 2% comes to the Road and Bridge Fund; he continued that the County adopted a policy 10 years ago that the County will not commit to major improvements of any subdivision roads - the only way is by contribution from the property owners. Mr. Burns stated, however, that the County will pay 15% of the cost of asphalt overlay. Mr. Burns informed the property owners at the hearing that when they build the Timberline extension, a box culvert will be placed along the west side of the Timberline crossing at Mulberry and will cause provide for water to flow from the intersection of Summitview and Highway 14 and provide drainage from the Black Hollow Basin near Plummer School and provide outflow from the area discussed today. Mr. Burns summarized the comments made during today's hearing noting that the main concern among the property owners of this subdivision is to improve the drainage, the streets are a concern, but secondary; with that in mind, he continued that staff will design the improvements mainly for drainage and do a more thorough and comprehensive job of drainage in the subdivision. Mr. Buchholz addressed the Board and stated that he worked with staff on gathering the signatures; he noted that once they got the 61%, they cut back on the effort but he thinks if they had continued, they could have obtained more. Mr. Buchholz added that those persons he talked to were concerned about the roads, not just the drainage. Mr. Buchholz stated that it has been a pleasure working with Mr. Burns and Ms. Martell. Chair Disney asked if it would be feasible to do the maintenance or resurfacing of the roads with chip seal, which is cheaper, and divert more money into solving the drainage problems; Mr. Burns stated they will consider that idea. Chair Disney stated that the County would love to provide overlay on the roads, but simply doesn't have the money - there are 1100 miles of roads and 600 bridges in the County road system.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the adoption of the resolution creating the Larimer County Local Improvement District No. 1997-1 for Fort Collins Industrial Park, and authorize the Chair to sign same.
Motion carried 2 - 0.
R97-121d RESOLUTION CREATING THE LARIMER COUNTY LOCAL
IMPROVEMENT DISTRICT NO. 1997-1 FOR FORT COLLINS
INDUSTRIAL PARK IN LARIMER COUNTY
The hearing recessed at 4:20 p.m.
DRINK-N-DAWG SHOW CAUSE HEARING
(#232 & #233)
The Board of County Commissioners reconvened at 7:00 p.m. for a Show Cause hearing regarding the Drink-N-Dawg Tavern. Chair Disney presided; Commissioner's Clarke and Olson were present. Also present were George Hass, County Attorney and Neil Gluckman, Assistant County Manager; Recording Clerk, Gael Cookman.
Chair Disney called the meeting to order and Mr. Hass explained that this was a Show Cause hearing regarding the Drink-N-Dawg Tavern, liquor license number 03-42727-0000, issued to B.G.'s Inc., d/b/a Drink-N-Dawg Tavern, located at 3311 North U.S. Highway 287, LaPorte, Colorado. Mr. Hass noted that attorney Joe Carroll will present the disciplinary evidence for the Commissioners, and Bill Wawro was the attorney representing the license holders; he then asked Mr. Carroll to proceed.
Mr. Carroll explained that the liquor code violation in question regarded section 12-47-109 1a of the Colorado Liquor Code, which prohibits the sale of alcoholic beverages to intoxicated individuals. Mr. Carroll noted that a Show Cause hearing was conducted regarding the Drink-N-Dawg in March of 1996, which resulted in a three day suspension of the Tavern's liquor license. Mr. Carroll then called Deputy Malisani to be sworn in by Chair Disney.
Mr. Carroll questioned Deputy Malisani with regards to his duties; Deputy Malisani explained that he was assigned to Area 2 (the West side of Highway 287, which included LaPorte) and that his specific duties included roadside safety, DUI enforcement, patrolling the area and conducting bar checks (entering liquor establishments and checking for visibly intoxicated individuals, liquor code violations, fights, etc.). Mr. Carroll then handed Deputy Malisani a large black binder which held 24 reports regarding the Drink-N-Dawg from the period of January through May 1997; he asked if Deputy Malisani could verify that the reports were those that he wrote regarding the Drink-N-Dawg. Deputy Malisani thumbed through the binder and verified that most of them were his reports. Mr. Carroll asked that this folder be introduced as exhibit one. Deputy Malisani then explained that he determines whether or not an individual is intoxicated by their actions which might include weaving while driving, alcohol on the breath, slurred speech, red-watery eyes, etc. Deputy Malisani then stated that he had observed intoxicated individuals on many occasions entering the Drink-N-Dawg and inside the establishment while conducting bar checks. Deputy Malisani noted that numerous reports of domestic violence and parking lot fights had been called into the Sheriff's Department, but by the time an officer had been dispatched to the Tavern, the fight had broken up, so there was no report filed. Mr. Wawro objected to this information being used as evidence as it is not in the reports contained in exhibit one, therefore it should not be considered by the Commissioners. Mr. Hass explained that this being a published hearing where the public is invited to comment as well, all testimony could be considered by the Commissioners. Mr. Carroll then asked how often Deputy Malisani observed this type of behavior and intoxicated individuals at the Drink-N-Dawg; Deputy Malisani indicated that this type of behavior could be witnessed on a daily basis, but that this type of behavior could also be witnessed at other establishments as well
Mr. Wawro began cross examination by asking Deputy Malisani if he was instructed by the Sheriff's Department to park outside the Drink-N-Dawg. Deputy Malisani said that he received no special instructions with regard to the Drink-N-Dawg but that he performed bar checks on average of one to two times a week. Mr. Wawro asked Deputy Malisani why he did not file reports regarding the intoxicated individuals he claimed to have witnessed inside the Drink-N-Dawg; Deputy Malisani stated that it is standard procedure to give the bartenders warnings on occasion and that he uses his discretion when writing citations. Mr. Wawro then reviewed all 24 of the reports with Deputy Malisani, trying to determine whether or not Deputy Malisani could verify the condition of the individuals while they were in the Drink-N-Dawg, not just when he pulled them over for driving under the influence. Finally, Mr. Wawro presented a news article, written by Lt. Cox of the Sheriff's Department, which states that it is not always easy for bartenders to keep track of the individuals they serve as the individuals usually move to different bars within the same establishment, or order from different waitresses, etc. Deputy Malisani said he would agree to that up to a point.
Mr. Carroll called Sergeant Frank Brooksher to the stand and began questioning whether or not Deputy Malisani was ever instructed to park across the street from the Drink-N-Dawg or if he was influenced in any manner with regards to his patrolling this area. Sergeant Brooksher responded by saying that Deputy Malisani was not influenced with regards to patrolling Area 2 or specifically the Drink-N-Dawg. Mr. Wawro cross examined by asking if any liquor code violations had been reported pertaining to the Drink-N-Dawg since March of 1996; Sergeant Brookshere stated that he had no personal knowledge of any liquor code violations concerning the Drink-N-Dawg during this time frame.
Mr. Carroll had nothing further at this time. Mr. Wawro called Dennis Glick to the stand. Mr. Glick stated that he co-owns the Drink-N-Dawg with his brother and father; he also explained that since their suspension last March all of his bartenders had attended training with City of Fort Collins Police Department in order to better determine when an individual is intoxicated, and to check for false identification, etc. Mr. Glick stated that to his knowledge there have been no liquor code violations since March of 1996. Mr. Carroll questioned how often Mr. Glick is in the establishment; Mr. Glick stated that he normally visits the establishment in the mornings and sometimes during the day.
Mr. Wawro called Joe Coria to the stand; Mr. Coria stated that he is the owner of the Crossings Saloon in Wellington and that he feels his patronage has decreased due to Deputy Malisani's presence. (Deputy Malisani is currently assigned to Area One which includes Wellington.) Mr. Coria claimed that Deputy Malisani was circling his establishment and parking across the street and as a result a number of his customers have stopped frequenting his establishment. Mr. Carroll recalled Deputy Malisani to the stand and questioned him regarding his circling the Crossings Saloon. Deputy Malisani stated that he was not circling the establishment, but that he was ticketing two vehicles that were parked up on the sidewalk.
Mr. Carroll and Mr. Wawro both gave their closing arguments and then the Commissioners began their discussion. Chair Disney questioned whether or not the testimony by Deputy Malisani could be used since it was not part of the reports; again, Mr. Hass stated that this information could be used in this type of hearing. Commissioner Clarke stated that he was convinced that liquor code violations had been performed by the Drink-N-Dawg due to one of the persons cited admitting to drinking a pitcher to a pitcher and a half of beer, which would be enough to intoxicate an individual. Commissioner's Disney and Olson agreed that they believed liquor code violations had indeed taken place.
Commissioner Clarke moved that the Board of County Commissioners suspend the Drink-N-Dawg from operating under their liquor license, license number 03-42727-0000, for a period of thirty days, effective at 2:00 a.m. on August 20, 1997, subject to approval of a written resolution supporting this decision.
Motion carried 3-0.
The meeting adjourned at 9:55 p.m.
JIM DISNEY, CHAIR
BOARD OF COUNTY COMMISSIONERS
( S E A L )
Sherry E. Graves, Deputy County Clerk
Gael M. Cookman, Deputy County Clerk