> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/27/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 27, 2015

 

 

LIQUOR LICENSE MEETING FOR ALICIA’S RESTAURANT

 

The Board of County Commissioners met at 9:00 a.m. with Bill Ressue, Deputy County Attorney.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present.  Also present were: Lieutenant John Feyen, Sheriff’s Office, J. Guadalupe Madrigal Garcia, Owner of Alicia’s Restaurant; Joseph Gavaldon, and Paul Gavaldon, Attorneys for Mr. Garcia; Wayne Wagner, interpreter for Mr. Garcia; and Gael Cookman, Deputy Clerk.

                         

Mr. Ressue explained that the meeting was convened to learn more about a situation that took place at Alicia’s Restaurant on March 7, 2015.  Mr. Ressue stated that no action would take place at this meeting, as this was strictly a discovery process in to order gain input from law enforcement and the owner of the business; after which the Board could choose to proceed with a show cause hearing, or take other pertinent action.

 

Lt. Feyen explained the situation as it unfolded on March 7, 2015, during which Alicia’s restaurant and bar was so overcrowded that it became a life/safety issue.  Lt. Feyen handed out pictures, and showed a YouTube video of the overcrowding as it occurred throughout the evening. (The YouTube video was easily linked via social media.)  Sheriff Deputies arrived on site shortly after midnight, contacted the owner, and explained their concerns with the excessive amount of patrons on the bar side.  The posted occupancy load for the restaurant side is 139, and the bar side occupancy load is 160.  The Sheriff’s Deputies called for assistance from the Poudre Fire Authority fire marshal to confirm the occupancy load.  The fire marshal stated that although the building occupancy load is 299, that cannot be a “combined” total in the bar area, even though the bar and restaurant are contiguous.

 

The owner, Mr. Garcia, worked with the Sheriff’s Deputies and agreed to shut down the event.  Individuals began exiting the establishment and at least 347 were counted leaving, while there were still more patrons inside.   Lt. Feyen stated that approximately 100 – 150 patrons then congregated in the parking lot, and a riot broke out, which caused 32 law enforcement officers from various community agencies to respond and exercise control measures.  Ultimately, two individuals were arrested for public disturbance and inciting a riot.

 

Mr. Gavaldon explained that he was hired to represent Mr. Garcia, as he also received a citation that night, and has a pending court case later this month.  Mr. Gavaldon stated that this was a first time offense for Mr. Garcia, and that he is willing to answer any and all questions the commissioners might have.

 

Mr. Garcia explained that the CSU Student Alliance requested the ability to have a fundraiser at Alicia’s Restaurant, and they insisted on controlling the influx of patrons at the door.  Mr. Garcia said the party started at around 10:30 p.m., and he realized it was getting out of hand closer to midnight.  So when the officers came in and suggested they stop the party, he agreed.  Mr. Garcia stated that everyone was leaving peacefully, and it wasn’t until they got to the parking lot when things got out of hand.  Mr. Garcia said he realized his mistake of turning over control of the access to his establishment, and he will not let this happen again. 

 

Commissioner Johnson stated that he believed Mr. Garcia’s intentions were good; however, this is a serious violation and he believed it was worthy of a show cause hearing.  He went on to say that holding a liquor license is not a right, but a privilege, and one that can be taken away if not managed properly.  Commissioner Johnson stated that he can not delegate his responsibility to anyone else.  He also pointed out that Mr. Garcia put the community at risk by having so many law enforcement officers tied up at his establishment. 

 

Lt. Feyen commented that the Sheriff’s Office has not had any issues with Alicia’s Restaurant since Mr. Garcia took ownership approximately a year and a half ago, and suggested maybe a “probationary period” might be in order, instead of a show cause hearing. 

 

Commissioner Donnelly stated that overcrowding is a public safety risk, and that Mr. Garcia jeopardized law enforcement as well as the community.  He stated that over-serving his patrons is also a violation that he needs to take seriously. 

 

Chair Gaiter stated that he hopes Mr. Garcia has learned his lesson and is taking this message seriously.  He further noted that the Board of County Commissioners, as the local liquor licensing authority, will be watching this establishment closely.  

 

Mr. Garcia and Mr. Gavaldon stated that they have received the message loud and clear. 

 

The meeting ended at 9:45 a.m., with no action taken. 

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were: Rob Helmick, Michael Whitley, and Karin Madson, Planning Department; Clint Jones, Engineering Department;  Chad Gray, and Ron Crego, Code Compliance Department;  Doug Ryan, Health and Environment Department;  Bill Ressue, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.

 

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

 

AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE: This is a request to extend the time frame for the High Park Rebuilding Program Resolution, to incorporate a two year extension to the High Park Fire Rebuilding Program Resolution, and to amend the one time building permit fee reduction, and the clean up periods.

 

The High Park fire began on June 9, 2012.  The fire burned 87,284 acres, destroyed 259 homes and numbers of accessory structures. 

 

The Board of County Commissioners adopted “A Resolution Establishing a Three Year High Park Fire Rebuilding Program” on July 30, 2012. The Program commenced on July 30, 2012, and concludes on  July 30, 2015, “unless the Resolution is … duly extended by action of the Board of County Commissioners.”  

 

The Program addresses temporary emergency housing, temporary emergency accessory structures, documentation of nonconforming structures or uses, rebuilding nonconforming buildings, reestablishing a nonconforming use, and setback requirements. 

 

The Program does not address time for owners to clean-up properties and does not address building permit fee waivers.  These issues were dealt with separately through approval of Commissioner motions at Tuesday administrative matters meetings. 

 

Specifically, the Commissioners approved a one-time, per property reduction in building permit fees in the amount of $1000 upon submission and approval of a fee reduction application to the Larimer County Planning Director, currently the Larimer County Community Development Director, conditional upon 11 criteria summarized in the attached fee reduction application form.  The fee reduction program is valid to and including  July 30, 2015,  "unless otherwise extended by the Larimer County Board of County Commissioners." 

 

Also, minutes dated July 16, 2013, approving a motion for a three-year clean up period, to and including  July 30, 2015, for owners to clean up properties impacted by the High Park fire.  Code Compliance staff members were instructed not to pursue complaints for junk and debris resulting from fire damage until the expiration of the deadline unless there was an imminent life-safety issue connected with the complaint.

 

Proposed modifications:

 

1.   Modify Section 2 of the Resolution as follows:

The High Park Fire Rebuilding Program shall be effective for structures in the High Park Fire Area that have been burned or damaged beyond repair in the unincorporated areas of Larimer County as shown of the attached map (Exhibit A), commencing July 30, 2012 and concluding on July 30, 2015 July 30, 2017, unless sooner repealed or duly extended by action of the Board of County Commissioners.

 

2.   Extend the one-time building permit fee reduction as follows:

Approve a one-time, per parcel reduction in building permit fees in the amount of $1000, to conclude on July 30, 2017.

 

3.   Extend the three-year clean up period as follows:

Approve a three-year two year extension for the clean up period, up to and including July 30, 2015 July 30, 2017, for owners who apply for the   Community Development Block Grant – Disaster Funding (CDBG-DR) through the Larimer Home Improvement Program managed by the Loveland Housing Authority no later than December 30, 2015, to clean up properties impacted by the High Park fire.  The extension, beyond December 30, 2015, only applies to the debris removal authorized under Community Development Block Grant – Disaster Funding (CDBG-DR) through the Larimer Home Improvement Program managed by the Loveland Housing Authority.

 

Community Development Staff recommend approval of the proposed changes noted above.

 

1.    AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE:  This is a request to add a new Section 4.9.1.C for setbacks adjacent to annexed roads and to add a new Section 4.6.7 Administrative Variance for properties adjacent to annexed roads.

 

These proposed Land Use Code amendments were presented to the Planning Commission on March 18, 2015.  Ms. Madson provided background information on the request to add a new Section 4.9.1.C. for setbacks adjacent to annexed roads, and to add a new Section 4.6.7. Administrative Variance for properties adjacent to annexed roads.

 

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of Amendments to the Larimer County Land Use Code, Section 4, file #14-CA0153 , as follow:

 

1.    Create a new Section 4.9.1.C. (Setbacks from highways, county roads, and all other streets and roads) and renumber the balance of the section as follows:

 

C. Annexed Roads. Properties in unincorporated Larimer County along a road that has been annexed and is under the jurisdiction of a municipality have the option of utilizing the County required setbacks based on the most recent county road classification (prior to annexation) or requesting an administrative variance to allow a setback consistent with the required setback from the adjacent jurisdiction. 

 

2.     Add a new Section 4.6.7. Administrative Variance as follows:

 

E. The planning director is hereby authorized to approve administrative variances from the county road setback requirements listed in section 4.9.1. or the applicable zoning district, for properties in unincorporated Larimer County along a road or street that has been annexed and is under the jurisdiction of another municipality, subject to the following criteria:

 

3.    Written documentation has been provided to the Planning Department indicating that the proposed structure will meet the setback requirements applicable within the jurisdiction in which the road is located.

 

4.    The review criteria for a setback variance in section 4.6.3 are met or determined to be inapplicable.

 

MOTION PASSED 6-0.

 

2.    MACKINNEY APPEAL:  This is an appeal to Section 4.3.10.H.2.c of the Larimer County Land Use Code to allow a detached accessory living area to exceed the required size limit of 40% of the square footage in the single-family dwelling or 800 square feet, whichever is less.

 

The property contains an existing principal single-family residence constructed in 1978. The principal home is 1,758 square feet.  The proposed detached accessory living area is 1,320 square feet which exceeds the size limitation of 40% of the size of the principal dwelling (1,758 x 40% = 703.2) and also exceeds the maximum size limit of 800 square feet for detached accessory living areas.

The applicant’s project description indicates that the detached accessory living area is intended to house elderly family members and the requested size was selected based on a preferred handicapped accessible floor plan that was selected for the living area.

The existing home has driveway access to Lodgepole Drive.  The detached accessory living area is proposed to have a driveway access to Blue Spruce Drive.  The Engineering Department has approved the second access point, subject to spacing requirements and the property owner’s participation in the Soldier Canyon Estates Public Improvement District.

The Board of County Commissioners is only reviewing the size appeal.  The Planning Director is concurrently reviewing a Public Site Plan request for the detached accessory living area.  One of the conditions of approval of the Public Site Plan Resolution will be that if the size appeal is not granted by the Board of County Commissioners, the size of the accessory living area shall be limited to 703.2 square feet.

The Development Services Team historically has supported detached accessory living areas up to 1,200 square feet.  The Development Services Team has not made a recommendation on this request and will allow the Board of County Commissioners to determine whether or not the request meets the review criteria.

Because the Development Services Team has not made a recommendation on the request, it will not make a finding regarding compliance or non-compliance with the review criteria found in Section 22.2.3 of the Land Use Code.  If the Board of County Commissioners chooses to support the appeal, it would be reasonable for the Board to find that the appeal meets the review criteria.  If the Board of County Commissions does not support the appeal, it would be reasonable to find that the appeal does not meet the review criteria.

 

M O T I O N:

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as proposed above and that the Board of County Commissioners approve the MacKinney Appeal, File #15-PSP0078.

 

Motion carried 3-0.

 

3.    AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE:  This is a request t o modify Section 14.0 - Areas and Activities of State Interest, to include Section 14.4 designation for water storage reservoirs, Section 14.5 exemption for irrigation reservoirs, Section 14.8 a section for Memorandum of Understanding, and a change to the Section 14.10.D. Review Criteria.

 

This issue has been discussed with the Larimer County Planning Commission and Board of County Commissioners numerous times over the past 3 years and has been the topic of numerous work sessions and meetings with water providers as detailed in the Larimer County Planning Commission packet.  At the Larimer County Planning Commission meeting, a representative of the City of Fort Collins was present and did note continuing concerns with the proposed designations, including a perceived regulatory redundancy, and a lack of clarity regarding the review criteria.  Representatives from ditch companies along the Big Thompson River were also present to voice their concerns with the potential impact to the operations of irrigation facilities from the proposed designation.  Larimer County Planning Commissioner Gerrard also voiced concerns with the designation based on his experience as a ditch board member. 

 

The Larimer County Planning Commission acted to recommend approval of the amendment, understanding that staff would prepare language for the Board of County Commissioners to consider at their hearing that reflected the commission’s majority concern about not intending to negatively impact the operations and maintenance of irrigation facilities in the County. 

 

Staff would suggest and has included in the recommendation language, which is consistent with the form of other exclusions in this section of the Code, as follows: “This designation shall not include the maintenance and operation of irrigation ditches, canals or laterals nor shall it include the normal maintenance and operation of a reservoir solely used for irrigation or a reservoir serving both irrigation and domestic customers.”

 

Planning commission and development services team recommendation: Be it resolved that the Planning Commission recommend to the Board of County Commissioners approval of Amendments to the Larimer County Land Use Code, Section 14, file #14-CA0152, as follows with the modification to Section 2 to add an exemption written by staff regarding ditch laterals/carriers, the area around, and the maintenance of and around those laterals:

1.    Add a new designation to Section 14.4 Designated Matters of State Interest and renumber the balance of the section:

 

K.    Site selection and construction of a new Water Storage Reservoir or expansion of an existing Water Storage Reservoir resulting in a surface area at high water line in excess of 50 acres, natural or manmade, used for the storage, regulation and/or control of water for human consumption or domestic use and excluding a Water Storage Reservoir used exclusively for irrigation .   A Water Storage Reservoir shall also include all appurtenant uses, structures and facilities, roads, parks, parking, trails and other uses which are developed as part of the Water Storage Reservoir.

 

Additional language recommended but not reviewed by the Larimer County Planning Commission responding to ditch company concerns.

 

This designation shall not include the maintenance and operation of irrigation ditches, canals or laterals nor shall it include the normal maintenance and operation of a reservoir solely used for irrigation or a reservoir serving both irrigation and domestic customers.”

 

K L .       Siting and development of any solar energy power plant, including solar energy collectors, power generation facilities, facilities for storing and transforming energy and other appurtenant facilities, that together disturb an area greater than five acres, or any addition thereto that expands the disturbed area. This designation shall not include roof mounted solar systems located on existing permitted principal and accessory buildings.

 

2.    Add a new exemption to Section 14.5.B. Specific exemptions and renumber the balance of the section:

 

3.            A reservoir used exclusively for irrigation is not considered to be a Water Storage Reservoir.

4 . 3.      An entity that has an approved intergovernmental agreement with the county specific to the project in question, as provided for in Section 14.8 below.

 

3.    Add a new section to Section 14.8.A. Intergovernmental Agreements:

5.   Memorandum of Understanding (MOU).  The county and the applicant shall execute a Memorandum of Understanding, prior to engaging in the process of forming an intergovernmental agreement, the purpose of which is:

a.   To acknowledge the intent of the parties to begin joint discussions which may result in the approval of an intergovernmental agreement.

b.   Establish the timeframe for those discussions and any significant milestones agreed upon.

 

c.   Establish the timeframe for review, public input and public hearing before the county commissioners.

 

4.    Modify Section 14.10.D.3. and 4. as follows:

 

3.    The proposal conforms with adopted county standards, review criteria and mitigation requirements concerning environmental impacts, including but not limited to those contained in Section 8 of this Code.

 

4.    The proposal will not have a significant adverse affect on or will adequately mitigate significant adverse affects on the land or its natural resources, on which the proposal is situated and on lands adjacent to the proposal.

 

Much discussion ensued between the Commissioners and staff.  Chair Gaiter was concerned with the wording in the italicized section of the proposed changes, particularly “a reservoir solely used for irrigation or a reservoir serving both irrigation and domestic customers.” Mr. Helmick stated that the reservoirs in Larimer County serve both irrigation and domestics purposes and doubted that any reservoirs were strictly used for irrigation.  Reservoirs used for both domestic and/or irrigation purposes were excluded for maintenance and operation only.  Construction of a new water storage reservoir or the expansion of an existing one is in regards to water used for human consumption or domestic use.  A reservoir used solely for irrigation is not considered a water storage reservoir.

 

Chair Gaiter then opened up the hearing to public comment.  Roger Morgan, a shareholder, verified that no reservoir in Larimer County exists solely for irrigation purposes.  He discussed augmentation, aging infrastructures, improvements, and expansions.  Carol Webb, with the City of Fort Collins, reviewed that the 1041 regulation add another layer of regulation that isn’t necessary, with additional time and costs to consider.  She stated that the conditions under which a permit would be granted are unclear and that clarity is needed under the new regulation.

 

Chair Gaiter closed the hearing to public comment.

 

A short discussion ensued between the Board and staff.  They explained that this topic is of statewide concern and nothing is absolutely certain.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the amendments to the Larimer County Land Use Code, File #15-CA0152, as outlined above.

 

Motion carried 3-0.

 

5.    CODE COMPLIANCE PUBLIC MEETING The property owner is in violation of Section 4.1.5.A.39 of the O-Open zoning district by operating a recreation vehicle park and campground without Special Review approval. Also, they are in violation of Section R105 of the International Residential Code for allowing buildings over 120 square feet to be built on the property each year without building permits.

These properties are located just north of East County Road 64 about a half mile east of County Road 15.

 

On June 24, 2014, Code Compliance received a complaint about whether permits were being issued for buildings being erected next to the RVs along the shoreline of Demmel Lake. Research indicated no permits have ever been issued for anything on these three parcels. Also, building permits would not be allowed for uses that are not approved. No approval for the RV park/campground could be found. The 1999 aerial photo was the first photo showing the RV park/campground use. The County’s 1974, 1981, and 1987 aerial photos only showed the boat ramp location. Code Compliance Inspector Chad Gray sent the irrigation company a letter July 18th with no reply. On August 22nd, Inspector Gray stopped in to the irrigation office and within a few days was in contact with Scott Hummer the general manager about the zoning and building violations. On September 12th, Senior Planner Rob Helmick met with the manager and lease of the lake. Mr. Helmick sent an email on October 7th explaining some options for the irrigation company. On March 23, 2015 the complainant called for an update and to let the County know that the lease is starting to set up for the season. To date, no special review application or nonconforming determination request has been received.

 

Neighbors have raised concerns about site and smell impacts, trash blowing on to their properties, and the potential for camp fires burning up hill towards their properties. 

Staff recommends that the Board of Commissioners set a deadline for the property to be brought into compliance and authorize legal action if deadlines set by the Commissioners are not met. 

 

Mr. Gray reviewed for the Board of Commissioners that a metal car port over 120 feet was on the property but has since been removed.  There have been other buildings on the property but are removed throughout the winter.  Many of these buildings are under 120 feet but some do have satellite dishes on them.

 

Chair Gaiter asked the property owner to address the Board.  Ken Lam with Northern Poudre Irrigation Company stated that an application for a conforming use was submitted last Tuesday, but that the Planning Department has not had a chance to review the application yet.  He will be adding a second supplement to the application shortly.  Mr. Lam is of the opinion that the Northern Poudre Irrigation Company is currently in compliance.  He stated that today’s hearing is an evidentiary hearing and anything presented today will become part of the application.  He furthered explained that no building over 120 feet exist and that the club has been in existence since 1958. 

 

Mr. Ressue clarified that today is a meeting, not a hearing, to educate the Board of Commissioners in determining what the next step will be.  Accepting comments to assist the Board is not a due process violation.

 

Chair Gaiter then opened up the meeting for public comment.

 

Darlene Bengford presented photos of her family at the lake as early as 1968, that was the year her family became members.  The lake provides healthy, family fun and she is in favor of the club and the benefits it provides to her family.

 

Brad Arnold lives on the south side of the lake and has no issues with the club or it’s members.

 

Diana Barra has been a long time member of the club.  She indicated the 57 year tradition encourages family time.

 

Bill Johnston has served as the president of the club for the past 10 years.  The club is registered with the state as a non-profit entity.  He stated that only two reservoirs in the entire state of Colorado have a special use permit.  Although hunting was allowed on the property in years past, hunting is no longer allowed.

 

Thomas Anderson is a property owner living on the west side of the lake and is representing the Homeowner’s Association.  The trash, noise, and lack of neighborly etiquette are negatively affecting property values.  He stated that some fire pits are eight feet in diameter, with flames as high as six feet.   He is not allowed to leave the windows in his house open due to the amount of smoke from the fires.  There are large and loud parties all days of the week and out of season. 

 

Mike Triplett addressed the Board and also provided an email to Mr. Gray containing comments from members of the Homeowner’s Association. 

 

Tom Childers has been a member since 1965.  He stated that fireworks have been banned , there hasn’t been any expansion in the past  three years, no hunting is allowed and that debris and trash are cleaned up. 

 

Rebecca Mann has lived by the lake since 1993.  She has seen many changes in that time.  She does have issues with the noise and loud music.

 

Stephanie Woodard has been a member since 1997.  She stated that there is no loud music after 10:30 or 11:00 p.m.  The residents of Indian Ridge Estates cannot see the lake because of the ridge the properties sit on.

 

Rich Murphy has been a member of the club since the 70’s.  Only docks and 8’ x 12’ buildings are left at the lake.  The lake is pretty quiet with no ATV’s or motorcycles allowed.

 

Jean West is a member and homeowner in the area and enjoys the club.

 

Mike Kroneberger has been a member for nine years.  He said that conflicts are isolated incidents and that the club works hard to enforce their regulations. 

 

Kristin Hines stated that a historic review will have to been done to ensure the club was in existence prior to 1973.  This review will involve a lot of work.

 

Chair Gaiter closed the meeting to public comment.

 

Discussion ensued between the Board of Commissioners with Commissioner Johnson stating that this is a simple case of neighbors not getting along.  He suggested that property owners and club members get together and come to an agreement.  He also reviewed that the County has facilitators that can assist with this meeting.  The Board was in agreement that since an application has been submitted, that a determination will have to be made by Mr. Gilbert, the Community Development Director, before the Board can take action.

 

M O T I O N

 

Commissioner Johnson moved the Board of County Commissioners table the North Poudre Irrigation Company zoning violation public meeting until June, 15, 2015, at 3:00 p.m. in the Hearing Room.

 

Motion carried 3-0.  

 

The hearing adjourned at 5:20 p.m.

 

TUESDAY,   APRIL 28, 2015

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were: Donna Hart, Deni LaRue, and Neil Gluckman, Commissioners’ Office; Justin Smith, Sheriff’s Office;  Ginny Riley, Human Services Department; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

 

1.    PUBLIC COMMENT: Chair Gaiter opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County and Richard Seaworth addressed the Board.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 20, 2015                         

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 20, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 4, 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:

 

04282015A001           FIRST AMENDMENT TO BUILDING AND TOWER USE AGREEMENT

 

04282015A002           AGREEMENT BETWEEN LARIMER COUNTY AND THE NATURE CONSERVANCY FOR PARTIAL FUNDING FOR ACQUISITION OF THE MOUNTAINS TO PLAINS GREEN TRACT CONSERVATION EASEMENT

 

04282015A003           LARIMER COUNTY ALL-HAZARD MITIGATION PLAN CONSULTING SERVICES AGREEMENT

 

04282015A004           MICROSOFT VOLUME LICENSING AGREEMENT

 

04282015D001           DEED OF DEDICATION FROM SHARLENE L. EINFALT TRUST

 

04282015R001           APPROVING THE CONSOLIDATION OF LOTS 24 AND 26 OF CRYSTAL LAKES SUBDIVISION 15TH FILING AND EASEMENT VACATION

 

04282015R002           FINDINGS AND RESOLUTION APPROVING THE MCKINNEY REZONING

 

MISCELLANEOUS: Recommended appointment of Gerald Cook to Wagon Wheel PID #49;  Recommended appointment of Robin Steele to Highland Hills PID #19; Recommended appointment of Michael Conrey to Wagon Wheel PID #49;  Human Resources Policy and Procedure 331.6L Benefits;  Department of Human Services Payments for February 2015.

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Overland Foods – 3.2% – Laporte; The Inn of Glen Haven – Modification of Premises – Glen Haven.

 

Motion carried 3-0.

 

5.    COMMENTS FROM COMMISSIONERS’ GUESTS:   Sheriff Smith introduced Gary Briese, the Executive Director of the State’s Fire Chief Association.  Mr. Briese is representing  the leadership of nearly 400 Fire Departments in Colorado.  On May 13, 2014, The Colorado Broken Arrow Strike Team Mobilization performed an exercise at the Budweiser Event Center to test the capability to place 30 pieces of fire apparatus within 90 minutes in two staging areas on the Front Range.  The goal of 30 engines in 90 minutes was not accomplished, but getting 99 engines in 120 minutes was.  Nearly 100 agencies participated, including Fire Departments, Emergency Managers, CommCenters, State and Federal Agencies, Colorado National Guard, Sheriff’s Departments, ARC, the Salvation Army, Restoration Logics and more.  Mr. Briese demonstrated his appreciation for Larimer County’s contribution to this exercise by presenting the Commissioners with a framed photo of the emergency equipment gathered at the Budweiser Event Center at the exercise in May, 2014.

 

6.    RECOGNIZE GINNY RILEY FOR BEING SELECTED AS THE 2015 NORTHERN COLORADO WOMAN OF DISTINCTION IN GOVERNMENT:  The Commissioners and Mr. Gluckman recognized Ms. Riley for her work as the Director of the Larimer County Human Services Department over the past 20 years.  Within that time, Ms. Riley has transformed the department into a client friendly atmosphere, allowing clients to become self sufficient and empowered.

 

7.    WORKSESSION:     Ms. Volker stated that the County has received a request for a letter of support from the Rocky Mountain Conservancy to purchase the last remaining piece of private, commercial property within the park.  They are asking for a letter in support in obtaining a grant from the National Park Service and Land and Water Conservation Fund.  The letter would be from the Commissioners on behalf of the County.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners send a letter supporting this request and authorize the Chair to sign the letter on behalf of the Board of County Commissioners.

 

Motion carried 3-0.

 

8.    RECOGNIZE SHARON WINFREE AS THE YEAR’S RECIPIENT OF THE JUDGE CONRAD L. BALL AWARD:  This item was tabled due to Ms. Winfree’s absence.

 

9.    COMMISSIONER ACTIVITY REPORTS:  Commissioner Johnson reviewed with the Board that Nancy Baker serves on the County’s Retirement Board as one of two private sector, public members.  She is employed by USB Financial Services, a broker/dealer, that in no way causes the County a conflict with her service on the Board.  Her employer would like a letter stating that her services don’t constitute a conflict of interest or cause any problems for them as their employee. Ms. Baker submitted a draft letter which Commissioner Johnson forwarded to Jeannine Haag in the County Attorney’s office for review.  The letter is ready for signature.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners authorize the Chair to sign the letter on behalf of the Board stating that her service on our County Retirement Board does not cause any conflict of interest for the County. 

 

Motion carried 3-0.

 

Commissioners Donnelly and Gaiter reviewed their reviewed their activities during the previous week. 

 

 

10.   LEGAL MATTERS: There were no legal matters for discussion.

 

The meeting recessed at 9:45 a.m.

 

LIQUOR LICENSE HEARING

REDWOOD VENTURES, dba LITTLE BIG’S

 

The Board of County Commissioners met at 3:00 p.m. with County Attorney Jeannine Haag. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: Stephanie Acree, applicant; Gael Cookman, Clerk and Recorder’s Office; Matt Lafferty, Planning Department; and Dana Polley, Deputy Clerk.

 

Ms. Haag explained that the Board is to consider the application for a 3.2% beer license for Redwood Ventures, LLC, dba Little Big’s, located at 4025 W County Road 38E, Fort Collins, Colorado. She also noted that there was no one present from the public to comment on this license.

 

Ms. Polley placed the applicant under oath, and then Ms. Haag asked Ms. Acree to explain the diagram of the premises. Ms. Acree reviewed the diagram in detail. Ms. Haag, then asked several questions pertaining to the posting of the notice and circulation of the petition. Ms. Acree stated that the notice was displayed for more than 10 days, and that the petition demonstrated that a good representation of the surrounding neighborhood supported the issuance of this license. Ms. Haag entered exhibits A (publishing notice in the newspaper), B (diagram of the premises), C (posting notice on the premises), and D (petition), into the record.

 

Ms. Haag then asked how many employees Ms. Acree plans to have, and what her experience is with running an alcohol establishment. Ms. Acree explained that her husband and she will be the only two people running the store at this time. She also stated that she does not have specific training but she will take the TIPS training.

 

Ms. Haag explained that the background check for Matthew Acree showed previous convictions; however, on his individual history record he stated that he has none. The Commissioners requested to call Mr. Acree for clarification on this.

 

Mr. Acree joined the hearing via teleconference, and Ms. Polley placed the applicant under oath. Mr. Acree explained that he thought these charges were expunged from his record. He was not trying to be dishonest. The commissioners agreed that this clarification was sufficient.

 

Chair Gaiter stressed that the approval of this license is only one step in the process of obtaining necessary approvals for operation. He told the applicants that they must work with the Planning Department, Building Department, and Health and Environment Department to assure compliance. The applicants agreed to work with these departments.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the 3.2% beer license for Redwood Ventures, LLC, dba Little Big’s, located at 4025 W County Road 38E, Fort Collins, Colorado.

 

Motion carried 3-0.

 

The hearing adjourned at 3:40 p.m.

 

 

 

 

                                                                                              _______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk

 

 

___________________________________________

Dana D. Polley, Deputy Clerk