> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/19/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 19, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Charlie Johnson, Eric Tracy, Martina Wilkinson, and Ed Woodward, Engineering Department; Dave Shirk, Estes Valley Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

Chair Johnson noted that the item titled, “Estes Valley Development Code Amendments Regarding Small Wind Turbines,” was to be tabled until a later date.

 

Chair Johnson explained that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         LITTLE VALLEY LOT CONSOLIDATION AND RIGHT-OF-WAY EASEMENT VACATION:   This is a request to combine a metes-and-bounds parcel into a platted lot of record. This request also includes dedication of the portion of the metes-and-bounds parcel that contains Little Valley Road as public right-of-way. The purpose of this plat, other than the right-of-way dedication, is to remove the internal property line and associated setback, which currently prohibits a proposed house addition. This proposal has been routed to applicable agencies for review and no issues were raised.

 

Staff recommends approval of the Amended Plat of Lot 30 of the 2nd Amended Plat of Lots 28, 29, and 30, Little Valley 2nd Filing and the Little Valley Road right-of-way dedication.

 

2.         COAL CREEK BRIDGE FLOOD PLAIN SPECIAL REVIEW:   This is a request for approval of Flood Plain Special Review based on the Flood Review Board’s Recommendation of approval. The Larimer County Engineering Department would like to replace the bridge on County Road 7, which spans the North Poudre Canal; however, Section 4.2.2.I.2 of the land use code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.

 

On Tuesday, June 22, 2010, the Flood Review Board met and reviewed the hydraulic modeling report, dated May 2010, and found the analysis for the proposed bridge to be acceptable; therefore, staff recommends approval of the Coal Creek Bridge Flood Plain Special Review.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The Board recessed at 3:15 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Jeff Goodell, Engineering Department; Doug Ryan, Environmental Engineering Department; Linda Hoffman, Russ Legg, Karin Madson, and Toby Stauffer, Planning Department; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing and asked for public comment on the Land Use Code and County Budget. Mike Sutak addressed the Board and requested that the county reinstate previous oil and gas regulations. Mr. Sutak stated that state law requires minimal intrusion by oil and gas companies, a requirement, according to Mr. Sutak, the county has not recently enforced.

 

Chair Johnson thanked Mr. Sutak for his comments.

 

Chair Johnson provided an overview of the current horse boarding facility regulations and emphasized the importance of amending the current regulations. He noted that the proposed amendments to the land use code will not minimize any of the rights currently provided, in fact, the proposed regulations will increase the allowed uses.

 

Commissioner Gaiter noted that the current code is unattainable and unenforceable. Furthermore, Commissioner Gaiter stated that allowing the code to remain in its current state would be irresponsible.

 

Ms. Hoffman requested, in an attempt to limit redundancy, that staff be allowed to present all of the items on this evening’s agenda before the hearing is opened to public comment. Chair Johnson agreed. Ms. Hoffman noted that all three of the items on this evening’s agenda were tabled on May 24, 2010. She explained that the main focus of this evening’s hearing would be to cover the changes made to the three items since they were originally proposed.

 

1.         AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – PART #1 – FILE #09-CA0101:   This is a request to amend Section 0.1, Section 4.3.10, Section 6.2, and Section 4.3.1, of the Larimer County Land Use Code to add equestrian operation use to the FA-Farming, FA-1 Farming, FO-Forestry, FO-1-Forestry, O-Open, RE-Rural Estate, and AP-Airport zone districts and delete “boarding stable” and “riding academy” from certain zoning districts. The proposed amendments are as follows:

 

Definitions:

Modify the following definitions as follows:

Words in this section have the following meanings when used in this code:

 

Boarded horse. A horse that is kept for a fee, and/or an exchange of goods or services, and/or cared for by a party or entity other than its owner or lessee. A horse owned by the equestrian operation that is leased to another party but kept and/or cared for by the equestrian operation is considered to be a boarded horse.

 

Equestrian operation.  A facility and/or place used for horse boarding (including equestrian pasture boarding), equestrian activities for a fee, and/or for an exchange of goods or services. Uses specifically excluded from equestrian operations are horse rescue, and horse breeding farms. 

 

Equestrian trainee visit.  Each visit of an individual trainee to an equestrian operation to receive training, such as a riding lesson or to attend an educational class, which is offered for a fee and/or for an exchange of goods or services. If the trainee is a participant in a non-profit event or organization and/ or boards his/her horse at the equestrian operation, his/her visits for lessons do not constitute an equestrian trainee visit.

 

Equestrian pasture boarding. Leasing or use of pasture for a fee and/or for an exchange of goods or services for the purposes of horse grazing, recreation, and turn-out where the same pasture area is made available to 2 or more horse owners.

 

Farm.   Any parcel of land containing at least three acres used primarily for the commercial, soil-dependent cultivation of an agricultural crop, the facilities and storage necessary for the management of a commercial custom farming operation or the hauling of farm products, the raising of fish, bees, plants or animals or the raising of livestock, including horse breeding farms. This does not include feed yards, poultry farms, exotic animal farms or fur farms. 

 

Horse. Any domesticated, equine mammal, including mules and burros.

 

Horse boarding. The activity of keeping and/or caring for boarded horses.

 

Riding stable. A facility where horses are harbored and the general public may, for a fee, hire horses for riding.

 

Zoning – Accessory Use

 

4.3.10.  Accessory uses and structures:  Accessory uses and structures are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood. To accomplish these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property and must be located on the same lot with the principal use.

 

H.  Personal horses. Personal horses for the use of the occupants of the lot and their guests, for purposes other than boarding or training are allowed in all zoning districts that allow single family dwellings, provided the number of horses does not exceed one horse per one-half acre of lot. 

 

I.  Accessory Horse Keeping.  The keeping of boarded horses conducted as a customary, incidental, and accessory use to a farm, ranch or single-family dwelling unit is allowed as follows:

 

1.    Accessory horse keeping is allowed in the following zoning districts: 4.1.1. FA-Farming, 4.1.2. FA-1 Farming, 4.1.3. FO-Forestry, 4.1.4. FO-1 Forestry, 4.1.5. O-Open, 4.1.8. RE-Rural estate and 4.1.21. AP-Airport.

 

2.    No more than 4 boarded horses shall be kept on lots 10 acres or less.

 

3.    No more than 6 boarded horses shall be kept on lots greater than 10 acres and less than 35-acres.

 

4.    No more than 8 boarded horses shall be kept on lots 35 acres and greater.

 

5.    The total number personal horses (refer to H above) and boarded horses shall not exceed one horse per half-acre of lot.

 

6.    Accessory horse keeping may include up to 8 individual riding lessons per week.

 

7.    Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250 feet of a neighboring residence.

 

8.    Outdoor storage of horse trailers is allowed as follows:

a.    Only those trailers that are for use by owners of the property and/or boarded horses may be stored .

b.    No more than one trailer per horse residing on the property is allowed.

c.    All horse trailers shall be licensed and operable.

 

9.    A Resource Stewardship Plan, including chapters on air quality, water quality, soil erosion, plants, manure and dust management, storm water management, wetlands protection, pest and weed management, is recommended.

 

10.   Any property owner who establishes accessory horse keeping after August 2, 2010 must complete and sign an Accessory Horse Keeping Registration Certificate prior to operation. The Accessory Horse Keeping Registration Certificate helps to ensure a public record that will support the property owner in the event of a complaint.

 

6.0. SITE PLAN REVIEW

 

6.2. PUBLIC SITE PLAN REVIEW

 

A.  PURPOSE

The purpose of the Public Site Plan review (public site plan) is to address potential impacts of certain land uses on existing and allowed uses in the same neighborhood. The process considers the location, design, configuration, intensity, density, and other relevant factors pertaining to the proposed use. The planning director may impose conditions on the proposed use to limit or address potential negative impacts on the environment, surrounding properties, utilities and county facilities and services. The planning director may approve a use upon finding that the uses are compatible and together do not constitute a negative impact on the surrounding area. A use approved through a public site plan shall comply with all applicable requirements of this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

 

B.  APPLICABILITY

1.         Public Site Plan Review and approval is required:

a.    Prior to the acceptance of any building permit application for:

1.    equestrian operations

b.    Prior to the commencement of any use listed above in 6.2.B.1.a that does not require a building permit.

 

2.         If the Planning Director determines that the review criteria for the public site plan review have been met or can be satisfied through the building permit process for a development, commencement of use, or a change of use on a property, a building permit may be applied for without public site plan review approval.

 

C.  REVIEW CRITERIA

To approve a public site plan application, the planning director must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

1.         The public site plan complies with all applicable requirements of this code and any applicable supplementary regulations; and

 

2.         The public site plan complies with all conditions of approval imposed by the county commissioners, the board of adjustment, or the floodplain review board under another approval process authorized by this code.

 

D.  PROCESS

1.    Any application for public site plan review requires a pre-application conference pursuant to section 12 of this code.

 

2.    Public site plan review commences when a complete application is submitted. Public site plan applications may be reviewed concurrently with other land use applications, but can not be approved until all required land use applications have been approved.

 

3.    Upon receipt of a complete application, the planning director will refer the applicable application materials to all appropriate departments and agencies and mail written notice of the application to property owners in the vicinity of the proposal.

 

4.    Referral departments and agencies will have 21 days to review and provide written comments to the planning director. Referral departments and agencies may request additional review time in writing.

 

5.    Property owner notification and comment.

a.         Written notice of the proposal shall be mailed to property owners in the vicinity of the proposed use.

b.         The notice shall provide a 14 day timeframe for property owners or neighbors to respond with any questions or concerns. Comments shall be provided to the planning department.

c.         The Planning Department shall provide the applicant with a copy of any comments received.

d.         If property owner or neighbor comments or concerns are raised, the applicant and the commenter have the opportunity to agree on a solution. The applicant and commenter have 14 days to agree to a solution unless an extension is requested by either party. Documentation of the solution shall be provided to the planning department prior to the director’s decision and the administrative determination shall proceed including the agreed upon mitigation measures.

 

6.    Administrative determination. Within 5 working days following the 21-day review period the planning director will provide a written determination stating that the public site plan review application:

a.    Is approved, with or without conditions, and complies with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

b.    Requires modifications, based upon the referral review and/or neighbor comments, to be prepared by applicant for subsequent review to demonstrate compliance with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

c.    Requires a public hearing based on unresolved neighbor comments and /or concerns.

d.    Is denied based upon an inability to comply with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

e.    The decision of the planning director can be appealed in writing to the county commissioners pursuant to section 22 (appeals) of this code.

 

Upon the determination of the planning director that a public site plan review application:

a.    Requires modifications, the applicant shall be required to make a revised submittal, for a subsequent review, that addresses the referral or other comments. Prior to the revised submittal the applicant may request a meeting to discuss the referral or other comments.

b.    If approved, the applicant shall provide final versions of the public site plan and supporting documents (quantities to be determined) for approval signature by the planning director.

 

7.    Public hearing. If neighbor comments/concerns cannot be resolved, the application will be scheduled for a hearing by the county commissioners to resolve outstanding issues.  To approve the public site plan review the county commissioners must consider the following additional review criteria and find that each criterion has been met or determined to be inapplicable :

a.         The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood; and

b.         The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

 

            E. ADDITIONAL APPROVAL REQUIREMENTS

Approval of a public site plan does not relieve the applicant from complying with the building codes as adopted by the county or the building permit submittal requirements.

 

            F. MINOR DEVIATIONS

Technical, engineering or other considerations may necessitate minor deviations from the approved public site plan. The planning director may approve minor deviations, in writing, if they comply with this code and the intent of the original public site plan approval.

 

            G. AMENDMENTS

Changes to the approved public site plan that the planning director determines not to be minor deviations require approval either through the public site plan review process, or another applicable process as             described in this code for a particular use. If the amendments are not minor deviations, a new application will be required and it will receive full review under the approval processes appropriate to the use as         described in this code.

           

            H. VESTING

An approved public site plan does not create a vested right. Approved public site plans are effective for two years. If the use has not commenced and/or a building permit and/or development construction permit are not issued within two years of the public site plan approval, the approved plan will automatically expire.

 

4.3.  USE DESCRIPTIONS AND CONDITIONS

 

4.3.1.  Agricultural uses.

A. Farm.  Any parcel of land containing at least three acres used primarily for the commercial, soil-dependent cultivation of an agricultural crop, the facilities and storage necessary for the management of a commercial custom farming operation or the hauling of farm products, the raising of fish, bees, plants or animals or the raising of livestock including horse breeding farms. This does not include feed yards, poultry farms, exotic animal farms or fur farms. 

 

G.        Equestrian Operation. A facility and/or place used for horse boarding (including equestrian pasture boarding), equestrian activities for a fee, and/or an exchange of goods or services. Activities associated with an Equestrian Operation may include but are not limited to: on or off-site advertisement of the operation, a website describing services available from the operation, and/or incorporating or filing taxes as a business. Uses specifically excluded from equestrian operations are horse rescue, and horse breeding farms.  

 

1.    Equestrian Operations are allowed by public site plan review, minor special review and special review as detailed in the formula and chart below:

 

Criteria

Number

 

Factor

 

Sub-total

Maximum number of horses boarded or kept for training

(at any time)

 

X

1.0

=

 

Maximum number of weekly equestrian trainee visits (in excess of 15)

 

X

0.5

=

 

Points associated with the size of the property the business occupies*

 

X

1.0

=

 

**Total Points

 

*Size of the Property

Points

Less than 5 acres

10

At least 5 acres but less than 10 acres

8

At least 10 acres but less than 35 acres

5

35 acres or more

0

For each additional 35 acres subtract 2 points

-2

 

**Total Points

Use allowed as follows:

Accessory Horse Keeping- Some equestrian uses may be Accessory Horse Keeping and are not considered Equestrian Operations in this chart. Please see Section 4.3.10.I of this code.

25.0 or fewer

Public Site Plan Review and approval required unless total number of horses resident on the property exceed 1 per ½ acre.  

25.5 to 35.0

Minor Special Review and approval required.

35.5 or more

Special Review and approval required.

 

 

2.    The following standards apply to all Equestrian Operations:

a.    If the number of horses on the property exceeds o ne horse per one-half acre , Minor Special Review approval is required unless the chart and formula indicate that Special Review approval is required.

b.    A single-family dwelling is allowed as an accessory building.

c.    A Resource Stewardship Plan, including appropriate best management practices to address impacts related to air quality, water quality, soil erosion, plants, manure and dust management, storm water management, wetlands protection, pest and weed management, is required.

d.    Outdoor storage of horse trailers is allowed as part of an approved equestrian operation.

1.    Only those trailers that are for use by owners of the property, people associated with the operation, and/or boarded horses may be stored . General trailer storage is not allowed.

2.    No more than one trailer per horse residing on the property is allowed.

3.    All horse trailers shall be currently licensed and operable.

4.    Horse trailer storage shall be effectively screened from existing residential dwellings and public roads to the maximum extent practicable.

 

3.    The following additional standards apply to Equestrian Operations subject to Public Site Plan Review:

a.    Noise, fumes, dust, odors, vibration or light generated as a result of the equestrian operation  will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

b.    The routine hours of operation open to the public are limited to the hours between 6:00 a.m. and 10.00 p.m.

c.    Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250’ of a neighboring residence.

 

Staff recommends approval of the amendments the Larimer County Land Use Code as presented with a beginning date of September 7, 2010.

 

2.         AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – PART #2 – FILE #09-CA0101:   This is a request for approval of proposed amendments to the Land Use Code, Section 8 – Standards for all development, and to make housekeeping changes to Sections 4-Zoning; the Zoning Table; Sections 4.2-4.7, providing for site plan review and correcting errors and omissions in use descriptions; Section 5.7.2, regarding process to change a plat note; Section 12, to add a public site plan review regarding common procedures for development review; and Section 15, to create a new section for supplementary regulations moved from section 8.

 

For a complete listing of the amendments outlined above, please see the Larimer County Planning Department.

 

Staff recommends approval of the amendments the Larimer County Land Use Code as presented with a beginning date of September 7, 2010.

 

3.         TRANSITION PROGRAM FOR EQUESTRIAN OPERATIONS FILE #10-CA0108:   This is a request for approval and authorization to prepare a resolution for the approval of a Transition Program for Equestrian Operations as recommended by staff and the Development Services Team. The proposed one year transition program is to be offered by the county following adoption of new horse business regulations to help existing horse businesses secure appropriate approvals.

 

Key elements of a transition program under consideration are review of existing horse boarding businesses using the public site plan review process, reduced fees, and other considerations during the one year transition program are as follows:

 

Duration of the Transition Program: Available for 12-months beginning September 7, 2010. Application materials must be filed by the applicant prior to expiration of program availability.

 

Benefits of Securing County Approval:

1.         County confirmation of “legal” status of business

2.         Increased resale value of business and property

3.         Opportunity to advertise the business as having secured county land use approval

 

Accessory Horse Keeping Registration Certificate:

1.         Registration certificates are optional, not required

2.         Certificates are kept at the county to create a public record supporting the property owner in the event of a complaint

 

Equestrian Operations Review and Approval Process:

1.         All Equestrian Operations enter review process as a Public Site Plan Review (regardless of the number of points generated in the equestrian operation formula in the new regulations)

2.         Planning Director decision to approve, set for public hearing or deny within 8 weeks of submittal of complete application unless extension agreed to by applicant

3.         No public hearing on application unless written objection raised by neighbor that cannot be resolved by the applicant, or the applicant is requesting an appeal

 

County Standards Used for Review: During the transition period, applications will be approached from a position of “acceptance.” County Engineering staff will visit the site and, using information provided by the applicant, staff will complete a public safety overview including drainage and traffic. This will be done to verify that:

1.         Access roadway is usable

2.         Improvements are located outside floodplains

3.         Access location does not impact function and safety of public roadways

4.         Adequate drainage is provided

Any areas of significant concern will be discussed with the applicant and, if unresolved, submitted to the County Commissioners for a determination of acceptance.

 

Eligibility for Transition Program: All existing horse businesses in operation since January 1, 2009, are eligible for the transition program. Existing businesses may seek approvals for the maximum size at which they have operated since January 1, 2009.


County Fees during Transition Program:
Equestrian Operation applicants during the transition program will be charged 50% of the standard review fee for Public Site Plan Review, or $150. The county will not charge Transportation Capital Expansion Fees to Equestrian Operations approved through the transition program because these existing businesses do not generate new traffic impacts. Accessory Horse Keeping scale businesses will not be charged county fees.

 

Chair Johnson opened the hearing to public comment. Michelle Jacobs (representing the Fort Collins Board of Realtors), Mike Sutak, Dennis Goeltl, Kathleen Kilkelly, Trisha Swift, Barry Feldman, Wendy Chase, and Sharon Olson addressed the Board in favor of the proposed amendments, although many stated they did not support the evaluation of Transportation Capital Expansion Fees (TCEFs) because horse facilities are agricultural businesses.

 

Debbie Dehn, Dan Klinzman, LuAnne Goodyear, Bob Dehn, Sharon Green, Kim Andrews, and Gail Meisner also addressed the Board in favor of the amendments but all emphasized the importance of the training provided by horse facilities to non-profit organizations and events. All felt that the amendments, as proposed, may limit the number of facilities which open their facilities to non-profit organizations and events and many suggested exempting such visits from the training regulations.

 

Gary Galdsby addressed the Board in opposition of the proposed amendments and stated the county should not regulate horse businesses.

 

Chair Johnson closed the hearing to public comment and clarified that while TCEFs will not be charged during the transition period, he would like to look at them more closely before they are scheduled to be evaluated in 2011.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the amendments to the Larimer County Land Use Code; file #09-CA0101 – Part #1, as listed above, to be effective September 7, 2010. He further moved that the Board of County Commissioners approve an application fee of $300 for the Public Site Plan Review process.  

 

A M E N D E D  M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners amend the original motion for the purpose of modifying the language in Section 4.3.1.G.1, located within the chart, to read “Maximum number of weekly equestrian trainee visits in excess of 15,” (as it appears above) to allow for each horse facility to host fifteen trainee visits per week, regardless of size, without consequence.

 

Amendment carried 2-1, Chair Johnson dissenting.

 

A M E N D E D  M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners amend the original motion for the purpose of modifying the definition of an Equestrian Trainee Visit to read, “each visit of an individual trainee to an equestrian operation to receive training such as a riding lesson or to attend an educational class that is offered for a fee and/or for an exchange of goods or services. If the trainee is a participant in a non-profit event or organization and/or boards his/her horse at the equestrian operation, his/her visits for lessons do not constitute an equestrian trainee visit,” (as it appears above).

 

Amendment carried 3-0.

 

A M E N D E D  M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners amend the original motion for the purpose of modifying the definition of Equestrian Operations to read, “ a facility and/or place used for horse boarding (including equestrian pasture boarding), equestrian activities for a fee, and/or an exchange of goods or services,” (as it appears above).

 

Amendment carried 3-0.

 

Motion carried 3-0.

 

Chair Johnson thanked staff, the Horse Facility Working Group, all public participants, and the news media, without all of whom the Board could not have reached such a thorough conclusion.

 

Commissioners Gaiter and Donnelly echoed Chair Johnson’s thanks and the entire Board thanked former Commissioner Kathay Rennels for recognizing the need to revise the land use code and initiating the amendment process.

 

There being no further business, the Board adjourned at 9:15 p.m.

 

(Note:  A complete listing of the Larimer County Land Use Code amendments, as approved during this hearing, can be obtained by visiting the Larimer County Planning Department.)

 

 

TUESDAY, JULY 20, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Donna Hart, Bob Keister, and Deni LaRue, Commissioners’ Office; Lorenda Volker and John Gamlin, Human Resources Department; Matt Lafferty and Dan Kunis, Planning Department; Marjor Bill Nelson, Sheriff’s Office; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Kristy Lahnert addressed the Board in regards to the Columbine Lodge Special Review, approved on June 14, 2010. Ms. Lahnert stated that the applicant has not complied with the conditions of approval, including tent camping on top of the property’s leach field and installation of portable toilet facilities. Ms. Lahnert stated that over the weekend of July 17 and 18, 2010, she witnessed many individuals urinating behind a trailer, adjacent to her property.

 

After some discussion about the options available to the Board, Chair Johnson directed Mr. Lafferty to schedule a show cause hearing, notify the property owner, and move forward with possible revocation of approval if compliance is not reached by the date of the hearing.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 12, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of July 12, 2010.

 

Motion carried 3-0.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as follows:

 

07202010A001           AGREEMENT TO PURCHASE SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE REHABILITATION & VISITING NURSE ASSOCIATION FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES & LARIMER COUNTY OFFICE ON AGING

 

07202010A002           DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC. FOR THE CONSTRUCTION OF PROJECT 5013 – RIVER BLUFFS OPEN SPACE AND CACHE LA POUDRE REGIONAL TRAIL

 

07202010A003           AGREEMENT FOR SPACE MAXIMIZATION PROJECT PHASE 2 INTERIOR REMODEL AT 2555 MIDPOINT DRIVE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELEHOY CONSTRUCTION INC

 

07202010A004           RESOLUTION APPROVING CONTRACT FOR REPLACEMENT OF A BRIDGE ON LARIMER COUNTY ROAD 11 OVER THE BOYD HORSESHOE CANAL PROJECT #BRO C060-057 (17888) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION

 

07202010A005           DEVELOPMENT AGREEMENT FOR VINEY PLANNED LAND DIVISION (FILE #09-S2870) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KEVIN VINEY

 

07202010D001           DEED OF DEDICATION, RAYMOND J. TAYLOR TRUST AND PAULETTE G. TAYLOR FAMILY TRUST

 

07202010R001           RESOLUTION ADOPTING THE NORTHERN COLORADO REGIONAL HAZARD MITIGATION PLAN

 

07202010R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR VINEY PLANNED LAND DIVISION #09-S2927

 

07202010R003           RESOLUTION TO ESTABLISH VOTE CENTERS

 

07202010R004           RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

MISCELLANEOUS:            Treasurer’s Six Month Report; Final Plat of the Viney Planned Land Division.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  North Shore RV and Store Inc. – 3.2% – Loveland; Glen Haven Inn – Hotel and Restaurant – Glen Haven; Glen Haven Inn – Modification of Premises – Glen Haven; Big Thompson Canyon Volunteer Fire Department – Special Event 6% – Drake.

 

4.         CENSUS BUREAU PRESENTATION OF “THANK YOU” PLAQUE FOR THE COUNTY’S HELP WITH THE 2010 CENSUS:  Larry Mugler, Government Partnership Specialist with the U.S. Census Bureau, presented a plaque to the Board in recognition of the county’s help with the 2010 Census. Mr. Mugler also presented a certificate of appreciation to Mr. Kunis in gratitude for the assistance provided by the Geographic Information Systems Office.

 

Mr. Mugler stated that without the help of the county, the census could not have occurred and an accurate count of the county’s citizens would never have been obtained.

 

5.         REQUEST FOR VIDEO VISITATION FUNDING:   Major Nelson addressed the Board to request funding in the amount of $619,000, for the purchase of video visitation equipment, programming, and infrastructure. Major Nelson explained that $50,000 of the requested funds would be used to purchase software and equipment for an automated telephone system to schedule inmate visitations. The automated system will help to eliminate busy phone lines and reduce staff workload. The remainder of the funds will be used to install video conferencing equipment in the alternative sentencing building, once it is remodeled, and the Larimer County Detention Center. Major Nelson explained that video conferencing would allow visitors to speak and view inmates, without the risk of injury encountered by civilians and law enforcement officials during the process of moving inmates.

 

Chair Johnson asked if the requested video conferencing equipment would increase the number of inmate visitations they could accommodate. Major Nelson stated that the equipment would allow the number of inmate visitations to nearly double and, for a nominal fee, visitations could occur via the internet.

 

Some discussion ensued regarding the best time to purchase and install the video conferencing equipment.

 

Commissioner Gaiter stated that he preferred to approve funds for the automated phone scheduling system at this time, and revisit the request for video conferencing equipment at a later date. He explained that because the new video equipment could not be installed until remodeling work at the alternative sentencing building was nearly completed, he felt it would be best to delay the allocation of funds.

 

Chair Johnson agreed.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the funding of $50,000 for the purchase and implementation of automated visitation scheduling software and equipment at the Larimer County Detention Center.

 

Motion carried 3-0.

 

6.         VOLUNTARY STAFF REDUCTION PROGRAMS – VOLUNTARY SEPARATION INCENTIVE PROGRAM & VOLUNTARY FET REDUCTION PROGRAM:   Ms. Volker and Mr. Gamlin addressed the Board to request approval and implementation of two voluntary staff reduction programs.

 

Program #1, the “Voluntary Separation Incentive Program,” is designed to offer an incentive to eligible employees to voluntarily separate from county employment. This option would include a cash payout of up to $25,000 (15% of employee’s salary + 2% for each completed year of services) and a $7,500 flat amount that is intended to be used to cover health insurance costs. Total payout under this program would be capped at $32,500 and separation must occur no later than December 15, 2010.

 

Program #2, the “Voluntary Full Time Employee (FTE) Reduction Program,” is designed as an incentive for eligible full time employees to voluntarily and permanently reduce their scheduled hours, while continuing to receive health and dental insurance costs at a full time employee level for the next two years (2011 and 2012).

 

Chair Johnson commended Ms. Volker and Mr. Gamlin for their proactive measures and noted that the two programs are very comparable to those offered in private industry.

 

Commissioner Gaiter noted the programs provide a positive situation for employees and the county.

 

Commissioner Donnelly commended Ms. Volker and Mr. Gamlin for proactively trying to reduce budget costs.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Voluntary Separation Incentive Program and the Voluntary Full Time Employee Reduction Program.

 

Motion carried 3-0.

 

7.         QUARTERLY POLICY GOVERNANCE REPORT:   Mr. Lancaster noted compliance in all measures and provided the Board a handout noting the current state of all monitored areas. Furthermore, Mr. Lancaster stated that the annual county budget is within all standards and parameters set by the Board.

 

Chair Johnson thanked Mr. Lancaster for the update.

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster presented a letter from Kimberly Culp, Executive Director of the Larimer Emergency Telephone Authority (LETA), proposing the addition of a designated seat for Estes Park, on the LETA Board of Directors. Ms. Culp requested the county’s position on the proposed modification and the attendance of a representative at the LETA Board meeting on August 4, 2010.

 

Mr. Lancaster noted that Major Justin Smith, LETA Board representative for the county, has made a recommendation to allow the LETA Board to remain in its current state.

 

Chair Johnson agreed and Commissioner Donnelly stated that Estes Park is adequately represented by the LETA Board.

 

Mr. Lancaster presented the Board with an update on the actions of the Lean Team. Thus far, the Lean Team has compiled and categorized a list of employee suggestions based on applicability and probability.

 

Chair Johnson encouraged the Lean Team on their progress and thanked them for their work.

 

Mr. Lancaster presented an annual list of privatization compiled with information provided by each department. Mr. Lancaster noted that 16.25% of the county’s operating budge is spent on privatization.

 

The Board reviewed the list and some discussion occurred regarding tasks that are not privatized.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events over the last week.

 

10.       LEGAL MATTERS:  Ms. Haag provided an update on the Banderet/Kleber Road Dispute and noted that the case is currently in process at the Court of Appeals. Ultimately, Ms. Haag stated she did not feel there was anymore the county could do until a decision is reached by the courts.

 

11.       EXECUTIVE SESSION:  Mr. Lancaster requested the Board go into executive session to discuss personnel matters, as outlined in 24-6-402(4)(f) C.R.S.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session to discuss personnel matters, as outlined in 24-6-402(4)(f) C.R.S.

 

Motion carried 3-0

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a waiver for the requirement of a “life threatening” situation to allow for the donation of sick leave to an employee in the Work Force Center.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 11:00 a.m.

 

 

THURSDAY, JULY 22, 2010

 

LIQUOR LICENSE HEARING

FOR HACIENDA REAL

 

The Board of County Commissioners met at 2:00 p.m. with Linda Connors, Assistant County Attorney. Chair Johnson presided and Commissioners Donnelly and Johnson were present. Also present were: Gael Cookman and Denise Ruybal, Clerk and Recorder’s Office; and Melissa Lohry, Deputy Clerk.

 

Ms. Connors explained that Los Viejitos LLC., doing business as Hacienda Real, has applied for a Hotel and Restaurant liquor license to be granted at 421 Centro Way, Fort Collins, Colorado. Ms. Connors noted that the hearing has been published in accordance with statute on July 4, 2010, and July 11, 2010. She also noted that no one was present in the audience to speak either for or against the application.

 

Ms. Connors put the applicant, Jose Cardenas Ibarra, under oath and asked him a serious of questions pertaining to the posting of the premises (exhibit A) and the petition of signatures (exhibit B). Mr. Ibarra explained that the notice had been posted on the premises for approximately three weeks, and that he personally circulated the petition to the surrounding neighborhoods. Mr. Ibarra stated that only a few individuals indicated opposition to granting the liquor license, but those individuals were not opposed to the liquor license, they were opposed to signing any form or petition.

 

Ms. Connors asked Mr. Ibarra if he had ever been issued a previous liquor license. Mr. Ibarra stated that he had owned and operated a restaurant in Missouri, for which he had obtained a liquor license, but had to close due to poor economic conditions.

 

Ms. Connors asked Mr. Ibarra if his driving privileges had ever been revoked or suspended and he stated that his license had been revoked due to unpaid child support but the issue has been resolved and his license was reinstated.

 

Ms. Connors then put co-applicant, Galvin Hector Moreno, under oath. Ms. Connors questioned Mr. Moreno about his driving record and Mr. Moreno stated that his license had been suspended around 1995, in the State of Washington for driving without proof of insurance, but the issue has since been resolved.

 

Chair Johnson stated that he did not consider the traffic infractions grounds to deny the application and warned the applicants to abide by the liquor license laws very carefully.

 

Commissioners Donnelly and Gaiter stated they had no further questions for the applicants.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application for a liquor license for Los Viejitos, LLC, doing business as Hacienda Real, located at 421 Centro Way, Fort Collins, Colorado.  The premises will need to be re-inspected prior to the license being issued to ensure that a Certificate of Occupancy has been issued, and that the Poudre Fire Authority has approved the facility for use.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 2:30 p.m.

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk