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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, AUGUST 1, 2005

 

LAND USE HEARING

(#76)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioner Wagner was present.  Also present were:  Geniphyr Ponce-Pore, Porter Ingrum, Sean Wheeler, and Al Kadera, Planning Department;  Christy Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.  Mr. Helmick noted that the Chaledon Estates item had been tabled to today's hearing, but the owner has withdrawn the application; therefore, it is not listed as an agenda item for today's hearing.  Chair Rennels noted that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1 .  RAMONA HEIGHTS LOTS 12A & 12B BLOCK 11, AND LOTS 11A AND 11B, BLOCK 14 LOT CONSOLIDATION - #05-S2454:  This is a request to combine Lots 12A and 12B Block 11 and Lots 11A and 11B in Block 14 of Ramona Heights Subdivision into one building lot.  There have been no objections to this proposal by surrounding neighbors. 
Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment, and the Larimer County Engineering Department Development Review Team.  The Engineering Department has commented that the aerial photography for the Larimer County Assessor’s website shows that the existing buildings on lots 12A and 12B appear to be overlapping on the adjacent lots 13A and 13B.  Aerial photography of this area is not a reliable indicator of where roads and structures actually exist.  However, staff cannot verify the correct location of the subject lots without a survey of the property, which is not a requirement of the lot consolidation process.  The applicant should be aware that the current structures on lots 12A and 12B be may be encroaching onto adjacent lots.  This is not an issue for the current application but may become a future issue for the applicant if he applies for a building permit. A variance may be needed or the applicant may need to amend the plat to correct the problem.  The proposed Lot Consolidation of Lots 12A and 12B Block 11 and Lots 11A and 11B in Block 14 of Ramona Heights Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.  The Development Services Team recommendation is for approval of the Lot Consolidation for Lots 12A and 12B Block 11 and Lots 11A and 11B in Block 14 of Ramona Heights Subdivision (#05-S2454) to be known as Lot 12A of the Lot Consolidation resolution of lots 12A and 12B Block 11 and Lots 11A and 11B in Block 14 of Ramona Heights Subdivision subject to the following conditions:   1.  The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.  All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by February 1, 2006 or this approval shall be null and void.

 

2.  POUDRE EQUESTRIAN CENTER MINOR LAND DIVISION - #05-S2452:   The applicant seeks approval of a Minor Land Division of approximately 56 acres into 2 lots being approximately 14.29 acres and 41.71 acres in size.  One lot will be used for the continued operation of an existing, non-conforming stable business.  The smaller parcel will remain undeveloped until the owner submits an application for subdivision, or the parcel is combined with an adjoining property, or some other legal use is allowed on the land.  Until one of the above options is exercised, the resultant, vacant, parcel will not be considered a buildable lot and the County can not accept any building permit applications.  The property is located off the north side of State Highway 14, (E. Mulberry) approximately 1.4 miles east of Interstate 25, east of Fort Collins.  Both lots would exceed the minimum lot size allowed by the FA-1 Farming zoning.  While approval of the request would divide the property into two legal lots, the smaller lot will not be a buildable lot as noted.  The County Planning Department does not have any objection to this request, as long as the applicant complies with all conditions of approval.  These shall include the following standard requirements:  1.  The Plat for the Poudre Equestrian Center Minor Land Division shall be consistent with the approved plan and with the information contained in File #05-S2452 except as modified by the conditions of approval or agreement of the County and applicant. 2. All conditions of approval shall be met and the Final Plat recorded by February 2, 2006, or this approval shall be null and void.  3.  Lot 2 of the Poudre Equestrian Center Minor Land Division shall remain undeveloped and no building permits will be accepted, until such a time when a development review application is approved and/or recorded for a new principal use.  This note shall be added to the Final Plat for the Poudre Equestrian Center Minor Land Division.  The County Engineering Department has made several recommendations and comments.  1. The applicant will show the correct amount of Right-of-Way (ROW) on the Final Plat, being 30-feet of half ROW in this instance.  2.  The Final Plat must also be approved by the Colorado Department of Transportation, prior to recording.  3.  Any future development on proposed Lot 2 that takes access onto County Road 5 may have to provide paving improvements as part of the approval process.  4.  Construction access or work in the ROW for County Road 5 will require a permit through the Engineering Department.  5.  The payment of a Transportation Capital Expansion fee will be required.  6.  The County Professional Land Surveyor has advised the applicant’s surveyor that a number of technical changes are needed on the Plat, which must be addressed before recording.   The Health Department provided comments for the request and did not object to the proposal.  They stressed that approval of the request will not have an impact on existing water and sanitation systems at the site.  They also noted that future improvements or construction activities could have potential negative impacts due to dust and limited access onto County Road 5 and noted that this issue would have to be addressed.   No other agencies or individuals contacted the Planning Department to raise objections to this request.

The Development Services Team findings are as follows:  1.  The Poudre Equestrian Center MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval.  2.  The Poudre Equestrian Center MLD is not part of a previously recorded exemption or subdivision.  3.   The Poudre Equestrian Center MLD will exceed the minimum lot size requirements for the FA-1 Farming Zoning District where it is located.  4.  The parcels created by approval of the Poudre Equestrian Center MLD meet or exceed the minimum access standards of the County Engineering Department, provided the applicant complies with all conditions of approval.  5.  The Poudre Equestrian Center MLD will not result in any negative impacts to surrounding properties or uses.   The Development Services Team recommendation is for approval of the Poudre Equestrian Center Minor Land Division, Planning File #05-S2452, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat presented for signature:  1.            The Plat for the Poudre Equestrian Center Minor Land Division shall be consistent with the approved plan and with the information contained in File #05-S2452, except as modified by the conditions of approval or agreement of the County and applicant.  2.  All conditions of approval shall be met and the Final Plat recorded by February 2, 2006, or this approval shall be null and void.  3. Lot 2 of the Poudre Equestrian Center Minor Land Division shall remain undeveloped and no building permits will be accepted until such a time when a development review application is approved and/or recorded for a new principal use.  This note shall be added to the Final Plat for the Poudre Equestrian Center Minor Land Division.  4. The applicant shall comply with the requirements outlined in the report provided by the County Engineering Department, dated June 22, 2005.  These include:  A. The Final Plat will show Right-of-Way (ROW) in the amount of 30-feet along County Road 5.  B. Prior to recording, the applicant will contact the Colorado Department of Transportation for review and approval of the Final Plat.  C. Construction access or work in the ROW for County Road 5 will require a permit through the Engineering Department.   D.  All technical corrections required by the County Professional Land Surveyor must be made before recording of the Final Plat.

 

3.   MEADOWDALE HILLS 2ND FILING LOT 1 EASEMENT VACATION #05-S2453:  This is a request to vacate a portion of a 20-foot utility easement in order to correct an encroachment.  The subject easement was platted as a part of the Meadowdale Hills Subdivision, Second Filing in 1964.  At that time, the utility easement was granted as a standard 10 foot utility easement on each side lot line as part of the subdivision.   At this time, no service providers use this easement for any purpose no utility providers objected to this proposal nor anticipate their use in the future.  A new house is under construction on the subject lot; after the foundation was poured the homeowner became aware that the foundation encroaches into this easement approximately 1.9 feet.  The applicant is requesting to vacate enough of the easement to accommodate this encroachment in order to be allowed to continue construction and not be required to remove the concrete foundation.   The applicant has confirmed that the separation between the house and overhead power line that services the area will maintain the 13.6 foot separation required by the utility company.  Neither the utility providers nor the neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  the Larimer County Department of Health and Environment; the Land Surveyor of the Larimer County Engineering Department; and the Larimer County Engineering Department Development Review.  Staff finds that the request meets the requirements of the Larimer County Land Use Code and therefore recommends the Board of County Commissioners approve File #05-S2453, the Easement Vacation for Lot 1, of the Amended Plat of Lots 95-97, Meadowdale Hills 2nd Subdivision.

 

MO T I O N

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

Motion carried 2-0.

 

4.  HEARTS AND HORSES APPEAL - #05-G0079:  This is an appeal to Section 4.8.9 regarding the Extension, Expansion or Change in Character of the Larimer County Land Use Code requiring a Special Review.  Hearts and Horses is a non-conforming riding academy located northwest of Loveland.  The non-profit facility officially incorporated in 1997, moved into the current facility in 1999 and made several “upgrades to the ranch property”.  Within that time frame Hearts and Horses also hired its first employees (one employee was a caretaker and one was a part-time Executive Director) and began its Classic Riding Lesson for volunteers, riders’ families and the public.   In 2001, the program grew to include a dinner-dance fundraiser at the ranch, two horse shows (which included inviting three other therapeutic riding programs).  That same year, the facility served 177 riders and had 246 volunteers.   In 2002, they became accredited as a North American Riding for the Handicapped Association facility, and acknowledged that in the five years of operation, “Each year we grew bigger and better.”  In 2003, they served 225 riders and expanded the operation with the Hippotherapy segment for children with disabilities, partnered with Hospice of Larimer County for grief therapy for children, and started the summer camp, a riding camp for children which can serve up to 300 in a session but not more than 40 riders on-site at a time.   The applicant has an opportunity to receive a grant from the Thomas McKee Charitable Trust for the construction of an indoor arena on the site.  Staff has interpreted this proposed indoor arena, with the additional uses it would cause and additional impacts it would create, as an expansion of a non-conforming use.  Section 4.8.9 of the Larimer County Land Use Code requires non-conforming uses which wish to expand to go through a Special Review process.

The applicant states in their appeal request letter dated May 31, 2005, that they do not believe the facility should be required to undergo the Special Review in order to build the indoor arena.  They state that they believe that this use was approved when the adjacent subdivision was approved; that the historical use was discussed during the processing of the subdivision, and that “Equine Center” was included in the covenants for the subdivision (which is interpreted as an approval of the use), and that this has been an equine center since the 1960’s and has “never changed”.   Further, past actions of the County have allowed building permit review only on the construction of a 16-stall expansion of the horse barn and the remodel of the cottage would indicate that other expansions should also only require issuance of a building permit.  The letter also states that Mr. Timm’s position that they will be “‘increasing the overall capacity or intensity of the existing use’ is flawed.”  The letter goes on to state the since 1999 they have …”increased their rider capacity and intensity by 250%.”  The letter further states, “Each year we serve more riders.”   It should be noted that the Staff’s knowledge of the structures and uses on this site and the facility and its current capacity for ridership is based on conversations with Ms. Peg Stewart, who is no longer with Hearts and Horses, Mr. Roger Kenney, the information available on the web-site, and the appeal letter, written by the President of the Board.  Planning Staff has not recently been on the site or done a current on-site inventory of the facility or its uses.   In a conversation on July 19, 2005 with Geniphyr Ponce-Pore of Planning Staff, Ms. Barbara Farrell, the new Executive Director of Hearts and Horses, indicated that the actual use of the facility may not be to the degree represented; however, the necessity for the Special Review is not affected.

Although the equine facility may have been considered and discussed during the review and approval of the Foothills Vista Subdivision, the approval was for the subdivision only; the county would have had to process and approve a zoning application as well in order to establish the use.  The applicant also states that the subdivision covenants state that an equine center is an allowed use on this site; covenants do not supercede the Land Use Code, are not enforceable by the County, and do not obligate the County.   Further, it is the belief of staff that this statement was included in the covenants so that, should the County allow the use, the residents of the subdivision could not oppose it.   

The applicants states that, since 1960 the center has “never changed.”  The web-site for the facility, conversations with those associated with the facility (Mr. Kenny and Ms. Stewart) have stated that the facility has indeed grown, and they hope will continue to do so,.  Additionally, the appeal letter itself clearly states that the facility has indeed, grown and changed, and significantly so.  Staff acknowledges that the County has reviewed past requests by Hearts and Horses, and released building permits for the cottage and most recently, for the 16-stall expansion to an existing building.  The County staff is of the position that that the continued expansions, such as the proposed free-standing 100’ x 200’ indoor arena with offices, bathrooms, and a viewing room,  without a health and safety review are no longer acceptable.  The issues of health and safety as well as compatibility are of concern. Safe and adequate access, drainage and manure management, water and sewer facilities and infrastructure, the legal status of the wells used by for the facility, and the question of compatibility (lights, noise, fumes, traffic, etc) have not been reviewed by the County or other affected agencies.  As a non-conforming use, the facility could continue at this site at the historic level of use.  However, the construction of the indoor arena, by their own admission, would allow them to expand the programs and increase ridership. This results in a need for a Special Review, and could assure that as the facility continues to grow, and with it the demand for the services, they can continue to serve their riders and the program.  Further, the main reason stated by the applicant for appealing the Special Review requirement is due to the timing of the foundation grant which would fund the arena.  Although staff understands that the timing of this is sensitive, the potential health, safety and land use issues must also be considered. 

Staff understands that this facility provides a valuable community service, and the timing of the foundation grant is a sensitive issue.  There is no question regarding the intent of the applicant in providing a community service, of the community benefit of the services they provide, or of their desire to acquire the grant.  However, the Special Review process was established to assure that this facility, in fulfilling its mission and serving the community, can provide a standard level of services, can assure health and safety, and has addressed the compatibility of the expanded use.

Staff finds that:

·  the use is non-conforming and can continue in its current capacity;

·  the proposed arena is an expansion of a non-conforming use;

·  an expansion of a non-conforming use requires a Special Review;

·  the requested appeal does not meet four of the five Review Criteria for appeals;

·  the requested appeal to Section 4.8.9 of the Land Use Code should be denied.

 

The Development Review Services Team recommends denial of this request, Hearts and Horses Section 4.8.9 Appeal, as shown in the application materials in File 05-G00079.   

Ms. Ponce-Pore gave a brief explanation of the appeal, noting that although staff has not conducted an on-site visit, staff's opinion is that this is a non-conforming use that has never been through the review process.   Commissioner Wagner questioned why the two building permits that were issued previously did not trigger a Special Review.  Ms. Ponce-Pore stated that although the permits were an expansion of their current use, they did not increase ridership; therefore, the Special Review was not necessary.

Roger Kenney, representing Hearts and Horses, explained that they wish to replace their arena as the current facility leaks, is too hot in the summer, and is too drafty in the winter.  Mr. Kenney stated that the purpose of the Special Review is to address potential impacts on the neighborhood.  Mr. Kenny noted that the facility has been in existence since the 1960's and they do not agree that it is a non-conforming use.  Mr. Kenney further explained that they will receive a grant for $300,000 from the McKee Charitable Trust to assist with the cost of constructing the building; however, they will not donate the money unless this appeal is approved by the Board of County Commissioners.   Finally, Mr. Kenney stated that the new facility will provide updated restrooms, and they would no longer be utilizing the older restrooms.  Chair Rennels asked for clarification as to where the new arena will be situated, and further questioned whether or not the old building would remain or be torn down.  Mr. Kenney explained that the new arena would be located adjacent to the existing arena and stated that the existing arena would remain in place.   At this time Chair Rennels opened up the hearing for public comment.

 

Karen Delaney, Board member for Hearts and Horses, emphasized the need for a new riding arena noting that for every disabled rider that are three helpers in place.  Ms. Delaney stated that it is difficult on the helpers when there is rain, or snow, or when the temperature is very hot during the summer months.   Ms. Delaney stated that the cost of the Special Review, and the time needed to process it, were factors that would prohibit them from moving forward with building the arena; therefore, she requested the Board to approve their appeal so they do not lose the grant money from the McKee Charitable Trust.  Ray Petersburg stated that growth is not the primary purpose of their appeal.  Mr. Petersburg noted that the updated arena would be extremely beneficial to the riders and workers alike.  Peggy Steward explained the ridership circumstances stating that they have increased ridership from 18 individuals per week, to 56 individuals per week.  Al Baran stated that there is an amazing difference in the children after they participate in the program, and he encouraged the Board to visit the facility to observe the program in action.  At this time Chair Rennels closed public comment.

 

Chair Rennels stated that it is a beneficial program and recognized the fact that it has been in use for a very long time.  Chair Rennels stated that she would support the appeal if a condition were added requiring that the current restrooms be disconnected and only the new restrooms be utilized.  Commissioner Wagner agreed that it is a most worthwhile program, but stated that land use issues are based upon the Land Use Code, not based upon the value of the program.  Commissioner Wagner also questioned why the application for Special Review was not applied for as soon as the grant was being offered.   Commissioner Wagner inquired as to whether or not the McKee Trust Foundation would agree to place the money in an escrow account until the Special Review is completed.  At this time a member of the audience requested the ability to address the Board.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners re-open public comment.

 

Motion carried 2-0.

 

Ms. Delaney re-addressed the Board and explained that the McKee Trust was set to dissolve in May of this year, and they have already stretched the application process out as far as possible.  Ms. Delaney stated that if they cannot give the funds to Hearts and Horses, then they will find another non-profit organization to give it to.  Ms. Delaney stressed that they do wish to meet the requirements; however, they do not have the time or the money to complete the Special Review process.  Mr. Kenney stated that they will continue to expand the program and will continue to take on new riders.  Barb Carroll noted that there is a plan in place for growth of the program; it would just be much nicer to be able to grow the program in an updated indoor arena.  Chair Rennels closed public comment.

 

Commissioner Wagner asked if the slow growth of the program would trigger capital expansion fees.  Some discussion ensued regarding what might trigger transportation capital expansion fees, with Mr. Helmick noting that it is based on use and project development.  Some discussion also ensued regarding whether or not waiving the fees or reduction of fees for the Special Review was an option.  Chair Rennels noted that the time frame was more of an issue since the grant money could be lost due to a lengthy Special Review process.  Ultimately, the Board decided to approve the appeal.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Hearts and Horses Section 4.8.9 Appeal, as shown in the application materials in File #05-G00079, with the added condition that the current restrooms be disconnected and only the new restrooms be utilized once construction of the new arena is finished.

Motion carried 2-0.

 

5.  HOGAN/TRUMBLE ZONING VIOLATION - #04-ZV0166:  Staff noted that the zoning violation has been cured; therefore, this item was been removed from the agenda. 

 

The hearing adjourned at 3:45 p.m.

 

 

TUESDAY, AUGUST 2, 2005   

 

 

ADMINISTRATIVE MATTERS

(#76 & 77)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present were:  Bob Keister, Donna Hart, and Deni LaRue, Commissioners’ Office; Sheriff Jim Alderden, Major Justin Smith, and Lieutenant Jim Wacker, Sheriff's Department; Babette Cornell, Facilities Department; Marc Engemoen, Public Works; Gary Buffington, K-Lynn Cameron, and Charlie Gindler, Parks & Open Lands Department; Victor Johnson, Community Corrections Department; Adrienne LeBailly, Health Department; Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Evelyn King requested a change to the Larimer County Land Use Code pertaining to remedying zoning violations, in particular Section 21.2.B.1, and presented verbiage to that effect.   

 

Kristie Lahnert addressed the Board with concerns regarding the camping that is taking place at the Columbine Lodge in the Poudre Canyon.  Ms. Lahnert presented photos for the Board to review and requested assistance in rectifying this situation.  Discussion ensued regarding the next steps to take, and Mr. Kadera noted that he will set a public hearing as quickly as possible to address this issue. 

 

2.  CONVENE AS THE COUNTY BOARD OF EQUALIZATION:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners convene as the County Board of Equalization.

 

Motion carried 3-0.

Ms. Cookman presented the Board of Equalization referee recommendations for July 26, 27, 28, 29, and August 1, 2005, and requested approval on the same.

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Board of Equalization referee recommendations as presented.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

3.   APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 25, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of July 25, 2005, as amended.

 

Motion carried 2-0.  Commissioner Gibson abstained.

 

4.  REVIEW THE SCHEDULE FOR THE WEEK OF AUGUST 8, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

5.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for August 2, 2005:

 

08022005A001           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT, AND ECONOMIC DEVELOPMENT COMMISSION

 

08022005A002           LARIMER CENTER FOR MENTAL HEALTH AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH LARIMER COUNTY WORKFORCE CENTER, AND LARIMER CENTER FOR MENTAL HEALTH

 

08022005D001           DEED OF CONSERVATION EASEMENT - CHIMNEY HOLLOW

 

08022005R001           FINDINGS AND RESOLUTION APPROVING THE HUGHES VACATION OF A PORTION OF A UTILITY AND ACCESS EASEMENT AND A PORTION OF THE RIGHT-OF-WAY FOR N. SHORE DRIVE

 

08022005R002           FINDINGS AND RESOLUTION APPROVING THE MUMMY MOUNTAIN SUPPLEMENTAL CONDOMINIUM MAP

 

08022005R003           RESOLUTION NAMING "MOREHOUSE HALL" IN THE 1ST NATIONAL BANK EXHIBITION HALL

 

08022005R004           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (William Breitigam)

 

MISCELLANEOUS DOCUMENTS:  Larimer County Layoff Waiver and Release Agreement between Larimer County and Employee.

 

LIQUOR LICENSES:  The following license was approved and issued:   Gonzalos Spanish Manor - Tavern - Fort Collins.   The following license was issued:  Red Feather Mountain Library District - 6% Special Events Permit - Red Feather Lakes.

 

Motion carried 3-0.

 

6.  ALTERNATIVE SENTENCING UNIT CONVERSION FOR WORK RELEASE EXPANSION:  Sheriff Alderden explained his proposal to temporarily suspend the overnight portion of the Sheriff's Workenders program and convert the floor space to accommodate Work Release inmates.  Sheriff Alderden noted that this will require some additional start up equipment, additional staff, and a slight remodel of the ASU building.  Sheriff Alderden also proposed a slight increase in the daily fees inmates are required to pay, from $12.00 per day to $14.00 per day.  Major Smith explained that the total proposal would cost $133,450, which is not currently budgeted, and would include the physical plant conversion, necessary equipment, updating the ventilating system to accommodate residents, start up and operating costs, and staffing needs.   Major Smith further requested the ability to transfer two positions, and all associated budgeted costs, from the Community Corrections Department, to the Sheriff's Department to supervise the Work Release inmates.   Much discussion ensued.  The Board questioned the future of the warehouse once the inmates are transferred back to Community Corrections after the expansion of their facility is completed.  The Board also questioned whether or not the Community Corrections Department is agreeable to transferring the personnel to the Sheriff's Department.  The Board asked Sheriff Alderden and his staff to confer once more with the proper individuals from the Community Corrections Department, the Budget Manager, and the Facilities Department, just to insure that everyone is in agreement with this proposal.   This matter will be re-scheduled to the Administrative Matters meeting scheduled for August 9, 2005.

 

7.   PUBLIC PROCESS FOR PARKS AND OPEN LANDS CAPITAL IMPROVEMENTS:  Mr. Engemoen explained that the Parks and Open Lands Department has three minor projects under consideration: 1) Replacement of entry signs at Horsetooth Reservoir; 2) Replacement of the existing entry station at Horsetooth South Bay; and 3) Removal of the vacant Lighthouse Restaurant at Horsetooth Reservoir.  Mr. Buffington displayed photos of the proposals and discussion ensued regarding the public process that should be utilized as the projects move forward.  Mr. Engemoen recommended that the new signs be presented to the Board in an Administrative Matters meeting with the public being notified via advertisement of the meeting and via the press that attends the meeting; the replacement of the entry station will also be presented at a future Administrative Matters meeting, with notifications being mailed to the surrounding neighbors; and removal of the Lighthouse Restaurant will be scheduled as a night hearing so that the general public can attend and submit their comments and possible recommendations for use of the vacant land once the restaurant is torn down.   The Board agreed with this proposal for public process surrounding the upcoming three projects as outlined above.

 

8.  EAGLE'S NEST OPEN SPACE HUNTING LEASE AGREEMENT:  Ms. Cameron presented the Lease Agreement which applies to hunting on the Eagle's Nest Open Space and requested the Board's approval on the same.  Ms. Cameron reviewed the highlights of the lease, noting that hunting will be limited to archery and muzzle loading rifles, and it will be limited to weekday use, Monday through Thursday.  Ms. Cameron recommended adding a condition which states that no hunting on the Eagle's Nest property itself will take place in 2005, although hunters would be able to walk through the property with their hunting rifles; she explained the need for this condition is due to the fact that they are still working on defining what the actual hunting season is for archery and muzzle loading rifles.

                                                             

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the hunting lease agreement with the Colorado Division of Wildlife for Eagle's Nest Open Space, with the added condition that no hunting be allowed on the Eagle's Nest property itself during the year 2005.

 

Motion carried 3-0.

 

08022005A003           LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY PARKS AND OPEN LANDS DEPARTMENT, AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES FOR THE USE AND BENEFIT OF THE DIVISION OF WILDLIFE

 

9.  RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDING:   Mr. Johnson requested Board approval to contract with the State for Residential Substance Abuse Treatment funding, and to certify in-kind matching funds.   Mr. Johnson noted that this will allow their department to fund a Certified Addictions Counselor to provide in-house aftercare treatment for Community Corrections clients who will transition over from the Intensive Residential Treatment Program.  Mr. Johnson noted that this additional support system will provide continued assistance for the individual, and the community will benefit from reduced incidence of substance relapse.  Finally, Mr. Johnson explained that they have the matching funds available which amount to approximately $9000. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Residential Substance Abuse Treatment (RSAT) Statement of Grant Award and Certification of Match.

 

Motion carried 3-0.

 

08022005A004           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR FUNDING OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT

 

10.  STATE FAIR JUNIOR LIVESTOCK SALE ANIMALS:  Mr. Gluckman explained that former Morgan County Commissioner, Mark Arndt, has again requested the support of the Board to participate in fund raising efforts for the Junior Livestock Sale animals.  The Board agreed to authorize the expenditure of $100 to support the purchase of 4-H and Future Farmers of America (FFA) animals.  

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the expenditure of $100 from the Special Projects Fund to support the purchase of 4-H and FFA animals at the State Fair Junior Livestock Sale.

 

Motion carried 3-0.

 

11.  UNITED STATES BOARD OF GEOGRAPHIC NAMES ON PROPOSED WHITE PINE PASS:   Mr. Gluckman explained that the U.S. Board on Geographic Names has received a request to name an un-named geographic feature in Larimer County, White Pine Pass, which lies at the head of Pendergrass Creek, midway between West White Pine Mountain and East White Pine Mountain, approximately 20 miles west of Fort Collins.  Mr. Gluckman stated that U.S. Board on Geographic Names has requested local acceptance by the Board of County Commissioners of the proposed name.  

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve of naming the above mentioned geographic feature White Pine Pass.

 

Motion carried 3-0.

 

12.  LETTER FROM THE BOARD OF HEALTH REQUESTING SUPPORT FOR LOCAL HEALTH DEPARTMENT BEING PRESUMPTIVE ELIGIBILITY PROVIDER:   Ms. LeBailly explained that Presumptive Eligibility (PE) allows pregnant women to report their income and assets to a PE provider and be screened as "presumptively eligible" for Medicaid coverage for prenatal services while she goes through the longer process of verifying income, assets, and eligibility with the Medicaid technicians in the Larimer County Department of Human Services.  Ms. LeBailly noted that Larimer County had provided this service for many years until September 2004, when the Colorado Department of Health Care Policy and Financing eliminated the program.  Ms. LeBailly stressed the importance of this program as PE assists low-income, high risk women to receive timely maternity care in the first trimester, which is critical to improving health outcomes for both mothers and their babies.  Ms. LeBailly requested the Board communicate to policy makers and legislators the importance of restoring local health departments as Medicaid Presumptive Eligibility providers.  Mr. Gluckman recommended this topic be presented at the meeting this Friday with Colorado Counties Incorporated (CCI).   The Board was supportive of communicating this issue to the legislators and the Colorado Department of Health Care Policy and Financing Division. 

 

13.  WORKSESSION:   Mr. Gluckman informed the Commissioners that training for the new Boards and Commissions members will take place on August 16, 2005.  Commissioner Wagner suggested notifying all Boards and Commissions of the training to see if there were current members that would want or need refresher training.

 

14.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

15.  LEGAL MATTERS:  Ms. Haag requested Board approval on the findings and recommendations of the Hearing Panel in an employee grievance case.  Ms. Haag explained there has been no further challenge filed by the employee regarding this case. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners accept the findings and recommendations of the Hearing Panel in the Mark Mettler grievance case.

 

Motion carried 3-0.

 

The meeting recessed at 11:35 a.m.

 

CSU AND SODEXHO MANAGEMENT INC.,

 3.2% LIQUOR LICENSE HEARING

(#78)

The Board of County Commissioners reconvened at 6:30 p.m. with Linda Connors, Assistant County Attorney.   Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Bill Ressue, Assistant County Attorney; Max Scott, Oedipus Inc.; Jason Meadors, Court Reporter; and Gael Cookman, Deputy Clerk. 

Ms. Connors reviewed the application explaining that proper notice had been published in accordance with State Statute.  Ms. Connors then noted that attorney Adele Reester would be presenting the application on behalf of CSU and Sodexho Management Inc.  Ms. Reester briefly described the background of the establishment and called Mr. Eric McCray to be sworn in by Mr. Meadors.  Mr. McCray explained his experience in the business noting that he is the Manager of the food and beverage sales at CSU, has been Training for Intervention (TIPS) Certified for six years, and has been a TIPS trainer for two years.  Mr. McCray noted that they surrendered their 3.2% liquor license last year in order to add an optional premises permit to the existing Hotel and Restaurant license which would have allowed them to serve microbrews within the stadium.  However, due to changes in school policy last season, there were no sales of alcohol served in the optional premises.  Mr. McCray explained that they are requesting the ability to revert back to the 3.2% liquor license based upon recommendations from the CSU Alcohol Task Force.  Ms. Reester asked Mr. McCray to verify the exhibits presented, which included photos of posting the notice of application at the establishment, and a letter of support from CSU Police Chief Yarbarro.  Finally, Ms. Reester had Mr. McCray explain in detail methods that will be used to control underage drinking and intoxicated patrons.   Mr. McCray noted that all servers will be TIPS trained, ID checking will take place in the parking lot as well as inside the stadium, backpacks and bags will be checked for alcohol, limited pat downs of individuals will take place, six additional surveillance cameras have been installed within the stadium, and they will utilize both hand stamps and wristbands to differentiate under-aged patrons from those of legal drinking age. 

Ms. Reester then called Mark Driscoll, CSU Athletic Director, to be sworn in by Mr. Meadors.  Ms. Reester questioned Mr. Driscoll regarding his comfort level of the competency of Mr. McCray and Sodexho Management Inc., in administering the alcohol sales within the stadium.  Mr. Driscoll stated that he was very comfortable with Mr. McCray and Sodexho Management Inc., managing the alcohol sales within the stadium noting that they have done an excellent job in the past, and have not incurred any infractions with regarding the liquor laws of the State of Colorado.

At this time Ms. Reester called Max Scott to be sworn in by Mr. Meadors.   Mr. Scott explained that his firm was hired to conduct the petitioning in order to determine the needs and desires of the surrounding community.  Ms. Reester presented the exhibits pertaining to the petitioning and asked Mr. Scott to describe the contents.  Mr. Scott explained the process used, how the boundaries were determined, the dates the petitions were circulated, and how many individuals responded to the survey.  Mr. Scott stated that the results were overwhelmingly in favor of approving the license:  94.39% supported approval of the 3.2% liquor license, and only 5.61% were opposed to issuing the license. 

Ms. Connors questioned how the tailgating would be controlled.  Mr. Driscoll stated that new tailgating procedures have also been put in place.  He explained that there will be much heavier patrolling of the parking lot, and tailgating parties will be limited to groups no larger than 25 individuals.   Mr. Driscoll stated that the two major goals set forth by the Alcohol Task Force are for individuals to be legal and responsible.   Ms. Connors noted for the record that there were no citizens present to speak in opposition of granting this liquor license. 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the application regarding a 3.2% Liquor License for Sodexho Management Inc., for the CSU Stadium, located at County Road 42 and Overland Trail, Fort Collins, Colorado. 

Motion carried 3-0.

The hearing adjourned at 7:10 p.m.

 

 

 

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.