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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 9, 2012

 

 

LIQUOR LICENSE HEARING FOR

SUEDE EVENT CENTER

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Attorney Linda Connors.  Chair Gaiter presided and Commissioner Donnelly was present.  Also present were:  Roland Demers and David Dellatto, applicants; and Gael Cookman, Deputy Clerk. 

 

Ms. Connors explained the Board was to consider a tavern liquor license application for Suede Event Center, located at 418 8th Street, Unit B-2, Loveland, Colorado.   She reviewed the contents of the application, and presented Exhibit A, photos depicting the posting of the premises, and Exhibit B, the petitions demonstrating needs and desires of the surrounding neighborhood. 

 

Ms. Cookman put Mr. Demers under oath, and Ms. Connors asked him a number of questions regarding the petitions, the photos, and whether or not he was familiar with the liquor laws of Colorado.  Mr. Demers stated that both he and Mr. Dellatto have been recently TIPS trained by the City of Loveland.  Ms. Cookman then put Mr. Dellatto under oath, and he explained that his wife, their registered manager, has many years of experience serving alcohol to patrons in the restaurant business.

 

Some discussion ensued regarding the ability of the owners to operate as a tavern versus an event center.  Mr. Demers stated that they intend to operate strictly as an event center and that currently patrons bring their own alcohol on to the premises for private events.  Mr. Demers stated their main goal in applying for a liquor license is to have better control over the alcohol consumed on the premises. 

 

Ms. Connors noted for the record that there was no one in the audience in opposition to granting this liquor license.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application and grant a tavern license for Suede Event Center, located at 418 8th Street, Unit B-2, Loveland, Colorado.  License will be issued dependent upon the background checks coming back from the Sheriff’s Department.

 

Motion carried 2-0.

 

The hearing recessed at 9:45 a.m.

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 1:00 p.m. for an Abatement Hearing.  Chair Gaiter presided and Commissioner Donnelly was present.  Also present were:  Kathy Thornton, Assessor’s Office; Eugene and Brigid Lewis; Petitioners; and Gael Cookman, Deputy Clerk.

 

1.   PETITION FOR ABATEMENT FOR EUGENE AND BRIGID LEWIS; PARCEL NUMBER 86192-06-007:   Ms. Thornton reviewed her packet of comparables, noting that she changed her original properties to include some in the immediate neighborhood, and some that were proposed by the petitioner.  Mr. Lewis also presented a packet of comparables for review by the Board. 

 

The Board considered all evidence presented, and after removing one of the comparables that was valued much higher than the rest, they agreed to partially approve the petitioner’s request for abatement.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners partially approve the Petition for Abatement for Eugene and Brigid Lewis, Parcel Number 86192-06-007, and set the indicated value at $848,139.00, for the 2011 tax year.

 

Motion carried 2-0.

 

The hearing recessed at 1:45 p.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Gaiter presided and Commissioner Donnelly was present.  Also present were:  Michael Whitley, Planning Department; Traci Shambo, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened up the hearing with the Pledge of Allegiance.

 

Chair Gaiter then explained that the following item is on consent and will not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.   TOWN OF WINONA LOTS 6-9, BLOCK 6, AMENDED PLAT, FILE #12-S3099:   This is a request to amend the plat of the Town of Winona to consolidate Lots 6, 7, 8 and the north 10 feet of Lot 9, Block 6 into one lot.

 

The subject property is located at 947 S. Saint Louis Avenue, Loveland which is approximately 570 feet south of the intersection of S. Saint Louis Avenue and 8th Street SE.  The property is approximately 0.35 acres, zoned FA – Farming and is within the Loveland Growth Management Area.

 

The Town of Winona was established when the Map of Winona was drawn in 1874.  The subject property consists of all of Lots 6, 7, 8 and the north 10 feet of Lot 9, all in Block 6.  The proposed amended plat would consolidate the property into one lot.

 

The single-family home that was previously on the property was demolished.  Approval of the amended plat would remove the existing interior lot lines and would allow for a new manufactured home to be moved onto the property.

 

There were no major concerns with the proposal from any of the referral agencies and the proposed amended plat meets all review criteria found in Section 5.7.3 of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the amended plat of Lots 6, 7, 8 and the north 10 feet of Lot 9, Block 6, Town of Winona subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by October 9, 2012 or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

 

M O T I O N

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

Motion carried 2-0.


The hearing adjourned at 3:05 p.m.

 

 

TUESDAY, APRIL 10, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Gael Cookman, Clerk and Recorders’ Office; Joe Ferrando, Community Corrections Department; Martina Wilkinson, Engineering Department; Michael Kirk and Mark Pfaffinger, Facilities and Information Technology Department; John Gamlin and Lorenda Volker, Human Resources Department; Joe Schreurs, Health Department; Marc Engemoen, Public Works Department; Gary Janezich, Undersheriff William Nelson, and Mark Olson, Sheriff’s Office; David Ayraud, Linda Connors, and George Haas, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg addressed the Board with information regarding a symphony concert to be held at Timberline Church on Saturday, April 14, 2012, at 7:30 p.m.  He also encouraged the Board to allow gas exploration at the Larimer County Landfill to enhance county revenue.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 2, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 2, 2012.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 16, 2012:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as it appears below:

 

04012012A001           ADDENDUM TO MARCH 8, 2011, AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND A BLADEWORDS, INC. FOR NON-PAVED ROAD MAINTENANCE SERVICES FOR VARIOUS GENERAL/PUBLIC IMPROVEMENT DISTRICTS – ESTES PARK COLORADO AREA

 

04102012A002           AGREEMENT FOR SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY YOUTH CONSERVATION CORPS AND THE COLORADO YOUTH CORPS ASSOCIATION ALLOCATION OF FUNDING FOR LARIMER COUNTY SUMMER YOUTH CONSERVATION CORPS WEEKS OF PROJECT WORK

 

04102012A003           AMENDED EQUITABLE SHARING AGREEMENT AND CERTIFICATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY SHERIFF’S DEPARTMENT AND THE DEPARTMENT OF JUSTICE, TREASURY DEPARTMENT

 

04102012D001           DEED OF DEDICATION – CITY OF FORT COLLINS (E. DAVID AND DONNA J. EVANS)

 

04102012D002           DEED OF DEDICATION – CITY OF FORT COLLINS (ACKERMAN FAMILY FARMS AND RANCHES LLC AND TRULIE ACKERMAN)

 

04102012D003           DEED OF DEDICATION – CITY OF FORT COLLINS (ACKERMAN LAND AND LIVESTOCK COMPANY)

 

04102012D004           DEED OF DEDICATION – CITY OF FORT COLLINS (BOB SINGLETON)

 

04102012D005           DEED OF DEDICATION – CITY OF FORT COLLINS (GLENN AND LAURIE SOUTHWICK)

 

04102012D006           DEED OF DEDICATION – CITY OF FORT COLLINS (TONIA L. SIMIANER-WHITE)

 

MISCELLANEOUS:   Recommendation for Appointment: Cory Phillips to PID #28 Trotwood Ranches; Stipulation as to Tax Year 2012 Actual Value – Village Gardens Apartments LLC; Stipulation as to Tax Year 2012 Actual Value – Meadow Village LLC; Recommendation for Appointment: Thomas McKenna to PID #33 Prairie Trails.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Sundance Trail Guest Ranch – Retail Liquor Store – Red Feather Lakes; Fort Collins Elks Lodge BPOE #804 – Special Event 6% – Fort Collins; Rainbow Plaza LLC – Tavern – Lyons; Dunraven Inn – Hotel and Restaurant – Estes Park; Phaze Nightclub – Tavern – Loveland; Overland Foods – 3.2% – LaPorte.

 

Motion carried 3-0.

 

5.         USE OF CARRY-OVER MONEY TO HELP FUND C-CUBED PROJECT:   Undersheriff Nelson and Mr. Pfaffinger explained to the Board that during Sheriff Smith’s first year in office, he was uncomfortable contributing funds from his budget to the C-Cubed Project Fund, in case of possible shortages. However, the Sheriff’s Office returned $1.3 million in salary and operating funds from 2011; therefore, Mr. Nelson requested, on behalf of Sheriff Smith, that $233,000, be transferred to the Facilities and Information Technology Department to support the C-Cubed Project.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the use of $233,000 by the Facilities and Information Technology Department for the purpose of supporting the C-Cubed Project.

 

Motion carried 2-0.

 

6.         IMAGING ENTERPRISE CONTRACT WITH SIRE TECHNOLOGIES:   Mr. Pfaffinger explained that the county’s electronic document managing system has been in use for 16 years and, while it currently operates efficiently, there are enhancements and upgrades which need to occur. However, staff discovered that upgrading the current FileNet system would be much more expensive than switching to a new system. Therefore, the project was put out to bid and SIRE Technologies submitted the winning bid.

 

Therefore, Mr. Pfaffinger requested approval to expend $700,000 for the installation and support of the new imaging system and for further services furnished by SIRE Technologies on various projects throughout the next 20 months.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the execution of the contract with SIRE Technologies.

 

Motion carried 2-0.

 

04102012A004           AGREEMENT FOR ENTERPRISE CONTENT MANGEMENT SYSTEM – PROPOSAL #11-21 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND SIRE TECHNOLOGIES

 

7.         ADDITIONAL SCOPE OF WORK FOR COMMUNITY CORRECTIONS EXPANSION PROJECT – APPROVAL FOR CAMERA INSTALLATION:  Mr. Ferrando and Mr. Kirk addressed the Board to request approval to install a camera to monitor the west side of the Community Corrections Building. Mr. Ferrando stated that staff currently has no other means to monitor this area of the building, which houses the entrance to Women’s Programs and a substantial amount of foot traffic.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve an additional scope of work to the Community Corrections Expansion Project to install a camera to monitor the west side of the Community Corrections Building.

 

Motion carried 2-0.

 

8.         REQUEST FOR SHERIFF’S OFFICE ADDITION/REMODEL PROJECT BUDGET INCREASE OF $69,000:   Mr. Kirk explained to the Board that during preparations to resurface the Sheriff’s Office visitor’s lot and entry drive, deterioration of the underlying substructure was discovered. As a result of the deterioration, construction crews will be required to demolish the existing asphalt, re-compact the top-two-feet sub-grade, and re-pave the lot, all of which were not part of the original scope of the project. Therefore, Mr. Kirk requested $69,000 to cover the cost of the additional work.

 

Commissioner Donnelly noted that completing the work at this time seemed more efficient that delaying the project and Chair Gaiter agreed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve additional funds to re-pave the Sheriff’s Office visitors lot and entry drive by increasing the project budget $69,000.

 

Motion carried 2-0.

 

9.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster and Undersheriff Nelson requested the Board approve a resolution to implement Ordinance #007-01, Concerning the Ban of Open Fires, Contained Open Fires, and Fireworks. Mr. Nelson explained that the US Forest Service will be implementing fire bans at midnight on Wednesday, April 11, 2012, and by implementing county restrictions at the same time, the county will have increased manpower available from the US Forest Service to assist with enforcement. Should the county choose not to implement restrictions; then the county will be solely responsible for the enforcement of the Forest Services’ restrictions.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a resolution declaring fire restrictions in Larimer County.

 

Motion carried 2-0.

 

04102012R007           RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY

 

10.       APPROVAL OF THE COMMENT LETTER REGARDING THE JEFFERSON STREET ALTERNATIVE ANALYSIS PROJECT:  As previously requested but the Board, Mr. Wilkinson and Mr. Engemoen presented a letter addressed to the City of Fort Collins regarding their proposed Jefferson Street Alternative Analysis Project. Mr. Engemoen noted that the county’s greatest concern is the proposed roundabout, which may influence many of the large trucks that frequent Jefferson Street to utilize county roads as an alternative.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Jefferson Street Alternative Analysis Project letter to the City of Fort Collins, and authorize the Chair to sign the letter when presented.

 

Motion carried 2-0.

 

11.       APPROVAL OF THE COUNTY MANAGER SELECTION PROCESS (AS DISCUSSED AT THE WORKSESSION ON APRIL 5, 2012):  Ms. Volker and Mr. Gamlin presented a timeline, job description, and advertisement for internal posting announcing the soon to be vacated County Manager position.

 

Much discussion ensued and the Board directed Ms. Volker and Mr. Gamlin to proceed with the proposed materials.

 

Ms. Volker requested the Board grant a waiver of HR Policy 331.2, Recruitment, Application, and Hiring, to allow current county employees to apply for the County Manager position without completing a Larimer County employment application.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners grant a waiver of HR Policy 331.2, Recruitment, Application, and Hiring, to allow candidates to apply for the open County Manager position without completing a Larimer County employment application.

 

Motion carried 2-0.

 

Ms. Volker requested the Board grant a waiver of the temporary hiring freeze to allow a crucial position to be filled.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Count Commissioners grant a waiver of the temporary hiring freeze to fill a crucial position within the county’s infrastructure.

 

Motion carried 2-0.

 

12.       DISCUSSION OF PILT FOR ESTES PARK MARKETING DISTRICT FUNDING FROM HERMAN PARK:   Mr. Engemoen addressed the Board to continue an earlier discussion regarding the county’s decision to make payments in lieu of taxes (PILT) to the Estes Park marketing district for the revenue generated at the Hermit Park Open Space. Mr. Engemoen explained that county and national governments are exempt from paying the taxes assessed by the marketing district, and as a result, Rocky Mountain National Park does not contribute tax or PILT monies; however, the county has opted to contribute with additional fees being passed on to campers/lodgers at the open space.

 

Some discussion ensued between the Board and Mr. Engemoen regarding the county’s position and attempts to provide a level of fairness to private campgrounds in the area. Ultimately, the Board decided to continue the practice of providing PILT funds to the marketing district. 

 

13.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events over the past week.

 

14.       LEGAL MATTERS:  Mr. Haas requested the Board go into executive session for the purpose of receiving legal advice concerning the status and use of County Road 58G and to discuss ongoing litigation with Travelers Insurance, without decision.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

There being no further business, the Board recessed at 11:50 a.m.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 2:00 p.m. for an Abatement Hearing. Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Jennifer Pawleshyn, and Alexis Smith, Assessor’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PETITION FOR ABATEMENT, FROYLAN TREVIZO-GOMEZ & LUCILA TREVIZO:   Ms. Pawleshyn described the comparables she utilized, all properties located near the subject property which were assessed as vacant properties at the time, and the market approach used to arrive at the Assessor’s valuation of $107,920. Most notably, Ms. Pawleshyn explained that a 4,000-square-foot utility building was built on the property, during the timeframe in question, was valued at $22,920, and raised the value of the property considerably. In addition, the camper placed on the property does not meet statutory guidelines for a residential structure; therefore, the property is still considered vacant land.

 

Patty Kenney, speaking on behalf of Mr. Trevizo-Gomez and Mrs. Trevizo, stated that their main purpose for the abatement hearing was to discover why the value of the property had increased by such a large amount.

 

Much discussion ensued between the Board, the applicants, and Ms. Pawleshyn regarding the valuation of vacant land.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners uphold the Assessor’s valuation of $107,920, for parcel 80221-00-018, for tax year 2011.

 

Motion carried 2-0.

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

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