MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 9, 2004

SPECIAL MEETING OF THE

BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners met with George Hass, County Attorney at 10:20 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Frank Lancaster, County Manager and Neil Gluckman, Assistant County Manager.

EXECUTIVE SESSION (Affidavit Provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:20 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:45 a.m.; no action was taken.

LAND USE HEARING

(#95)

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Porter Ingrum, Matt Lafferty and David Karan, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. LOT CONSOLIDATION AND EASEMENT VACATION FOR GLACIER VIEW MEADOWS 11TH FILING LOTS 58A AND 38A: SECTION 26, TOWNSHIP 09 NORTH, RANGE 72 IN THE GLACIER VIEW MEADOWS SUBDIVISION 11TH FILING AT THE INTERSECTION OF NEST COURT AND ARIKAREE PEAK DRIVE

This is a request to combine Lots 58A and 38A of Glacier View Meadows 11th Filing and to vacate those easements located on the common lot lines between these lots. Staff recommendation is approval subject to the following conditions 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by February 9, 2005 or this approval shall be null and void; 2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots; 3. Vacation of the easement shall not be effective until the Findings and Resolution and deed is recorded in the Larimer County Records.

2. A LOT CONSOLIDATION OF LOTS 120 AND 121 OF THE FORT COLLINS INDUSTRIAL PARK 2ND FILING: A PORTION OF THE NE 1/4 OF SECTION 7; T7N; R68W; MORE SPECIFICALLY THE PROPERTY IS SITUATED ON THE WEST SIDE OF RAQUETTE DRIVE, APPROXIMATELY 1/8 MILE NORTH OF EAST LINCOLN AVENUE

This is a request to combine Lots 120 and 121 of the Fort Collins Industrial Park 2nd Filing to allow for the expansion of the RC Heath Office and Maintenance facility. Staff findings include 1. The proposed Lot Consolidation of Lots 120 and 121 of the Fort Collins Industrial Park 2nd Filing complies with the Review Criteria for Lot Consolidations; 2. The proposed Lot Consolidation of Lots 120 and 121 of the Fort Collins Industrial Park 2nd Filing will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval of the Lot Consolidation of Lots 120 and 121 of the Fort Collins Industrial Park 2nd Filing (#04-S2316) to be known as Lot 120A of the Lot Consolidation of Lots 120 and 121, Fort Collins Industrial Park 2nd Filing.

3. TARUM MINOR LAND DIVISION OF LOT 2 OF THE TARUM MLD: A PORTION OF THE NW 1/4 OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 68 WEST; MORE SPECIFICALLY LOCATED ON THE EAST SIDE OF THE SOUTHEAST FRONTAGE ROAD, APPROXIMATELY 1/2 MILE SOUTH OF COUNTY ROAD 16

This is a request for a Minor Land Division to divide the existing residence and outbuildings on Lot 2 of the Tarum MLD (1994) from the balance of the Lot, which balance will remain undeveloped until such a time when a development application is approved. Staff findings include 1. The Development Services Team finds that the Tarum Minor Land Division of Lot 2 of the Tarum MLD meets the minimum requirements of the Larimer County Land Use Code and the Minor Land Division Review Criteria; 2. Access to the property complies with current standards as set forth by the County Engineering Department; 3. The Tarum Minor Land Division of Lot 2 of the Tarum MLD will not result in impacts greater than those of existing uses surrounding the property. Staff recommendation is approval subject to the following conditions and authorization for the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by February 9, 2005 or this approval shall be null and void; 2. The applicant shall revise the Final Plat for the Tarum Minor Land Division of Lot 2 of the Tarum MLD to address the referral comments from Dale Greer of the Larimer County Engineering Department, dated July 1, 2004.

4. LOT CONSOLIDATION OF CEDAR PARK 6TH FILING, LOTS 47 & LOT 48: SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6, RANGE 71 APPROXIMATELY 4-MILES NORTH OF DRAKE

This is a request to amend the plat of Cedar Park 6th Filing for Lots 47 & 48. Staff recommendation is approval subject to the following conditions 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by December 9, 2004 or this approval shall be null and void; 2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots; 3. Any subsequent improvements can not adversely affect drainage patterns in the area.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:05 p.m.

TUESDAY, AUGUST 10, 2004

ADMINISTRATIVE MATTERS

(#96)

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were Donna Hart and Deni La Rue, Commissioners' Office; Kathy Snell, Health and Human Services; Dr. LeBailly, Health Director; David Ayraud, County Attorney's Office; Gael Cookman, Clerk and Recorder's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 2, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 2, 2004 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 16, 2004: Ms. Hart reviewed the schedule with the Board.

4. BOARD OF EQUALIZATION:

MOTION

Commissioner Bender moved that the Board of County Commissioners recess administrative matters and convene as the Board of Equalization.

Motion carried 2 - 0.

Ms. Cookman stated that one of the referee recommendations concerning Howard and Virginia Buehler, is under discussions with the Assessor, and suggested the Board may want to pull that petition.

Ms. Cookman requested the Board approve the recommendations of the Board of Equalization referee for August 2 and 3, 2004.

MOTION

Commissioner Bender moved that the Board of Equalization approve the referee recommendations for August 2 and 3, 2004 as presented with the exception of the Buehler petition.

Motion carried 2 - 0.

MOTION

Commissioner Bender moved that the Board of Equalization adjourn and the Board of County Commissioners reconvene and resume administrative matters.

Motion carried 2 - 0.

  1. CONSENT AGENDA:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions are approved Eastrich No. 52 Corp.; Oppawsky; Miller, Homestate Bank; Kenington Properties Ltd.; Teich; Baer; Water Supply and Storage Co.; McNulty; and Pi Beta Phi.

08102004A001 FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RODNEY D. VAUGHN AND ROBIN L. CECIL FOR THE VAUGHN-CECIL SUBDIVISION

08102004A002 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WILLIS WETZLER AND WILLIS FARMS HOMEOWNER'S ASSOCIATION FOR THE WILLIS FARMS SUBDIVISION

08102004A003 ADDENDUM TO THE DECLARATION AND AGREEMENT CREATING COVENANTS, CONDITIONS AND RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOE A AND LUCY A MESTAS AND RICK ANACLETO FOR THE MESTAS MINOR LAND DIVISION

08102004R001 RESOLUTION REGARDING RELEASE OF WARRANTY FOR LANDSCAPE IMPROVEMENTS FOR CLYDESDALE PARK PLANNED UNIT DEVELOPMENT FIRST FILING

08102004R002 RESOLUTION REGARDING RELEASE OF WARRANTY FOR LANDSCAPE IMPROVEMENTS FOR CLYDESDALE PARK PLANNED UNIT DEVELOPMENT SECOND FILING

MISCELLANEOUS: Public Trustee second quarter report for 2004; Transportation Enhancement Grant letter of approval; and appointment of Deputy District Attorney Renee Sandoval Doak.

LIQUOR LICENSES: The following licenses were both approved and issued Gateway Liquors- Retail- Loveland, CO; Pot Belly Restaurant and Lounge- Tavern- Red Feather Lakes, CO; Vern's Liquor- Retail- LaPorte, CO; and Big Thompson Canyon Volunteer Fire Department- 6% Special Event- Drake, CO. The following license was approved Berthoud Arts and Humanities Alliance- 6% Special Event- Berthoud, CO.

Motion carried 2 - 0.

6. PRESUMPTIVE MEDICAID ELIGIBILITY FOR PREGNANT WOMEN IN COLORADO: Dr. LeBailly requested the Board take a position to oppose the proposed plan of the Colorado Medical Services Board to eliminate the Medicaid Presumptive Medicaid Eligibility services for low income pregnant women statewide. The result of eliminating this program would have significant impacts, not only for these women but the children and the opportunity for them to receive medical attention in the early stages of the pregnancy. Ms. Snell stated that in Larimer County alone, elimination of the program would affect 1300 women annually. Ms. Snell requested the Board communicate their urgent request to retain this program and make budget cuts elsewhere.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve communication opposing to eliminating Presumptive Eligibility Services to the Medical Services Board before their meeting on Friday, August 13, 2004.

Motion carried 2 - 0.

7. WORK SESSION: Mr. Lancaster informed the Board that he has received several calls and emails regarding the improved situation at Mishawaka.

Mr. Lancaster stated that the contract with the County Attorney is up for renewal and requested approval to make some changes and continue negotiations regarding the contract. Consensus of the Board is to negotiate the contract and to keep the Board abreast of any changes.

8. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

  1. LEGAL MATTERS

EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:00 a.m. and cited 24-6-402-(4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 10:10 a.m.; the following action was taken:

MOTION

Commissioner Bender moved that the Board of County Commissioners authorize the County Attorney's office to pursue legal action on behalf of the Larimer County Treasurer.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 10:15 a.m.

LIQUOR LICENSE HEARING

for

SODEXHO MANAGEMENT, INC

dba

RAMS HORN & COLORADO STATE UNIVERSITY

(#95)

The Board of County Commissioners met with Linda Connors, Assistant County Attorney; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Bill Resue, County Attorney's Office; Gael Cookman, Clerk and Recorders Office; Mark Driscoll, Athletic Director for Colorado State University; Eric McCray, applicant; and Jean O'Connor, Clerk to the Board.

Ms. Connors noted for the record that the Board would not take any action today because the premises was not posted and this hearing would be continued on August 31, 2004 at 1:30 p.m. in the Commissioners' Hearing Room. Ms. Connors stated that testimony would be taken and requested a general explanation for the application. Mr. McCray was sworn in and stated that the reason for the application is due to a lack of supply from breweries for 3.2% beer. Mr. McCray stated that he is requesting the ability to surrender the current 3.2% license and add "optional premises" to the current Hotel & Restaurant license.

Chair Rennels asked why changing the percent of alcohol would allow for better service? Mr. McCray stated that 3.2% beer is available in only 5 states, so the supply is very low due to the low demand and therefore, even if ordered well in advance, the availability of 3.2% is not reliable. Mr. McCray stated that Sodexho has no intention of serving wine and spirits to the general public under the Hotel & Restaurant license. Ms. Cookman reiterated to the Board that, if approved, the ability to serve wine and spirits to the general public exists, but the applicant is willing to accept a stipulation prohibiting that type of distribution.

Mr. Driscoll was sworn in and stated that the University is in full support of the license change and agrees with a stipulation prohibiting the dispersion of wine and spirits to the general public. Mr. McCray noted that Sodexho would also be making application to modify the premises since the north end of the stadium will be expanded.

Chair Rennels noted that there is no public present to comment on this application and that the hearing would be continued to August 31, 2003 at 1:30 p.m. in the Commissioners' Hearing Room at which time the public would have a second opportunity to testify for or against the application.

There being no further business, the hearing was adjourned at 3:00 p.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board