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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 2, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gaiter presided and Commissioner Johnson was present.  Also present were:  Rob Helmick, Planning Department; Doug Ryan, Environmental Health Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance, and then noted that the following item was on the consent agenda, and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.         SUNDANCE TRAIL PAVING APPEAL, FILE #15-G0280:   This is a request for an appeal to not to require a parking lot be paved as required by Section 8.6.3 of the Larimer County Land Use Code.

 

The Sundance Trail Guest Ranch is proposing to add a wedding/meeting facility to their site.  The guest ranch is an existing facility, which was originally approved in 1993.  This facility would be a partially stand alone facility and be operated by and through the guest ranch and their staff.  During the Sketch Plan review, it was noted the standards of the Code would require the new parking area for this use be paved.  The applicant believes this would prevent them moving forward with the project due to cost and also the need for paving is out of character with the use along the Red Feather Lakes Road and in the area.  They have provided a detailed analysis regarding the need and basis for the appeal and have strong local support. 

 

The paving standard is one, which causes more dialog than any other standard.  For uses that are occasional, or uses that are associated with non-profit or community uses, this discussion often takes place and the paving can be a costly item that can affect the viability of one of these projects. 

 

The Development Services Team finds that there does not appear to be evidence which would suggest that an unpaved lot in this case creates a safety or health hazard.  Although the code provides that all parking such as this be paved, there are clearly arguments in favor of not paving. 

 

The Development Services Team recommends approval of the Sundance Trail Paving appeal, File #15-G0280, subject to the following condition:

 

1.   The applicant shall pave the apron connecting the site to County Road 74E to at least the edge of Right of Way.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

The hearing ended at 3:05 p.m.

 

 

TUESDAY, MARCH 3, 2015

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present.  Also present were: Neil Gluckman, Donna Hart, Michelle Bird, and Deni LaRue, Commissioners’ Office; Mike O’Connell, Small Business Development Center; Joni Friedman, and Jacob Castillo, Workforce Center; Kathryn Rowe, Bob Hullinghorst, and Gary Henry, Procurement Technical Assistance Center; Gary Darling,  Community Corrections; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  Greg Leveritt addressed the Board with public comment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEKS OF FEBRUARY 23, 2015.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 23, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 9, 2015:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

PETITIONS FOR ABATEMENT: As recommended by the County Assessor the following petitions for abatement have been denied:  GP retail I LLC.

 

03032015A001           MUNICIPLE LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

 

03032015A002           WARRANTY MEMORANDUM FOR DAVIS CONSERVATION DEVELOPMENT 12-S2097 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THOMAS R. DAVIS, AND THE DAVIS CONSERVATION DEVELOPMENT LANDOWNERS

 

03032015A003           PERMANENT ACCESS EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIOENRS AND THE GRANT FAMILY TRUST

 

03032015A004           INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISMENT OF THE NORTHERN COLORADO PRO CHALLENGE LOCAL ORGANIZING COMMITTEE

 

03032015D001           DEED OF DEDICATION: THOMAS ALSTON BRANNAN AND JULIA K. BRANNON

 

03032015D002           DEED OF DEDICATION: DAVID W. GARZA

 

03032015R001           RESOLUTION RGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS (Davis Conservation Development)

 

MISCELLANEOUS –  Recommended Appointment of Becki Hartshornm and Re-Appointment of Linda Gabel, to the Poudre River Public Library District for a 4-year term, beginning March 3, 2015, and expiring February 28, 2019; Impact Assistance Grant - Colorado Parks and Wildlife.

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Westlake Liquor – Retail Liquor Store – Red Feather Lakes; Alicia’s Restaurant – Tavern – Fort Collins.

 

Motion carried 3-0.

 

5.    COMMENTS FROM COMMISSIONERS’ GUESTS:   Chair Gaiter introduced his guest Bruce Walthers from Front Range Community College.  Mr. Walthers presented an update on some of the improvements happening on campus, which include a new integrated technologies building.  He also highlighted some of their goals and invited the commissioners to participate in developing their five-year strategic plan.

 

6.    LARIMER SMALL BUSINESS DEVELOPMENT CENTER (SBDC) REQUEST FOR FUNDING FOR SMALL BUSINESS SUPPORT PROGRAMS:   Mr. O’Connell and Mr. Castillo showed a video clip and PowerPoint presentation on the SBDC highlighting achievements and the goals of the program.  Mr. O’Connell noted that the SBDC helps launch new businesses, and provides valuable training and mentoring for existing business to make them more competitive, and has provided thousands of hours of one-on-one coaching to small businesses.   He requested that Larimer County partner with the SBCD to meet the strategic objection of further supporting small businesses in the community.  The Board wholeheartedly supported this request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve $20,000 for the services of the Small Business Development Center to meet the strategic objective of supporting small business in Larimer County.

 

Motion carried 3-0.

7.         ENHANCED PROCUREMENT TECHNICAL ASSISTANCE CENTER (PTAC) SERVICES PRESENTATION AND RIBBON CUTTING CEREMONY:  Ms. Friedman, Ms. Rowe, Mr. Hullinghorst , and Mr. Henry explained that PTAC provides education and assistance throughout the government procurement process, assisting with registrations, finding opportunities, answering questions, etc. They are enhancing their presence in Larimer County, and PTAC has hired Ms. Rowe to assist local businesses in obtaining government contracts.  They also requested a $5000 contribution from Larimer County, which will help them obtain some additional federal dollars for their program.  The Board will take this under consideration and work with Ms. Friedman as the bridge between PTAC and Larimer County. 

The commissioners then took a brief recess to attend the ribbon cutting ceremony for PTAC in the Workforce Center.

 

8.         RECOMMENDED APPOINTMENTS TO LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICTS:  Ms. Bird presented the following recommendations for appointment to Public Improvement Districts and requested approval on the same:

 

PID #57 – Cobblestone Farms:   Linda Garcia and John Reinhardt appointed for a 4-year term, beginning March 3, 2015, and expiring November 30, 2018.  Bob Hegwood appointed for a 2-year term, beginning March 3, 2015, and expiring November 30, 2016.

 

PID #58 – Misty Creek:   Charles Baer and Joe Domanik appointed for a 4-year term, beginning March 3, 2015, and expiring November 30, 2018.  Michael Robinson appointed for a 2-year term, beginning March 3, 2015, and expiring November 30, 2016.

 

PID #59 – Grasslands:   Roger Barone and Ingle Refvem appointed for a 4-year term, beginning March 3, 2015, and expiring November 30, 2018.  Terry Englehardt appointed for a 2-year term, beginning March 3, 2015, and expiring November 30, 2016.

 

9.         WORKSESSION:     Ms. Hoffmann presented an update from her recent attendance at the Colorado City and County Managers Conference.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.  

 

11.       LEGAL MATTERS : Ms. Haag requested the Board support outsourcing document processing and preparation for a work visa, for a Community Corrections employee, to Mountain States Legal Council’s staff attorney, as they are well versed in this area.  Mr. Darling noted that this employee has been working for Community Corrections as a therapist and is planning on becoming naturalized, but needs the work visa to continue employment.   Mr. Darling also noted that the associated fees for this action will be paid for out of the Community Corrections budget.

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners authorize Mountain States Legal Council’s staff attorney to represent Larimer County Community Corrections in preparing and processing an H-1B petition for a work visa for a Community Corrections employee and authorize the Chair to sign the Letter of Engagement.

 

Motion carried 3-0.

The meeting ended at 10:30 a.m. with no further action taken.

 

 

WEDNESDAY, MARCH 4, 2015

 

LIQUOR LICENSE HEARING

SHIV LLC, dba CHILL

 

The Board of County Commissioners met at 11:00 a.m. with County Attorney Jeannine Haag.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were:  Shekhar Kothamdi, and Jack Tooley, applicant and his associate; Dana Polley, Clerk and Recorder’s Office; and Gael Cookman, Deputy Clerk.

 

Ms. Haag explained that the Board is to consider the application for a tavern liquor license for Shiv LLC, dba Chill, located at 3709 East Mulberry Street, Fort Collins, Colorado. 


Ms. Cookman placed both the applicant and his associate under oath, and then Ms. Haag asked several questions pertaining to the posting of the notice and circulation of the petition.  Mr. Kothamdi noted that the poster had been in place for more than 10 days, and that he and his staff circulated the petitions.  Ms. Haag asked if, in Mr. Kothamdi’s opinion, the needs and desires of the surrounding neighborhood supported the issuance of this liquor license, and Mr. Kothamdi replied in the affirmative.  Ms. Haag entered exhibits A (publishing notice in the newspaper), B (diagram of the premises), C (posting notice on the premises), and D (petitions), into the record.

 

Ms. Haag then asked if Mr. Kothamdi was familiar with the liquor licensing laws of Colorado, and how he will manage his establishment to ensure that minors and over-intoxicated patrons are not served.    Mr. Kothamdi noted that he will provide training for himself and his staff in order to enforce and uphold the liquor laws.  Mr. Tooley stated that they also plan to purchase a machine to scan and check for fake ID’s.

 

Ms. Haag noted for the record that there was no one present in opposition of granting this license.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the tavern liquor license for Shiv LLC, dba Chill, located at 3709 East Mulberry Street, Fort Collins, Colorado.

 

Motion carried 3-0.

 

The hearing ended at 11:25 a.m.

 

 

                                                                                              _______________________________

                                                                                                                           LEW GAITER III

                                                                                                  BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Gael M. Cookman, Deputy Clerk