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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 12/03/12  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 3, 2012

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Deni LaRue, Commissioners' Office; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Brenda Gimeson, Rob Helmick, and Savanah Benedick, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and the Board presented the 2012 Environmental Stewardship Awards.

 

ENVIRONMENTAL STEWARDSHIP AWARDS:  For the last 18 years, the Environmental Advisory Board has reviewed citizen nominations for businesses, organizations, and individuals for their environmental efforts. After reviewing the nominations, the Environmental Advisory Board forwards their recommendations to the Board of County Commissioners. This year, the Commissioners have chosen to recognize and award the following:

 

1.         Redstone Canyon Mitigators, for their demonstrated effectiveness at fire mitigation ahead of the High Park Fire.  Last year the County recognized the Redstone Canyon Mitigators for their high level of community participation in working together on a project aimed at forest health and wildfire management.  This year it is appropriate to honor the success of that project, and the positive example it sets for other communities in wildfire hazard areas. In their letter of support, the Poudre Fire Authority noted that the fuels reduction work along Roan Mountain Road in Redstone Canyon provided a safer environment for burnout operations and structure protection, and was instrumental in enabling firefighting resources to keep the High Park Fire from spreading south of Roan Mountain Road. The Colorado State Forest Service also supported this nomination and noted that the net result of the Mitigators’ work was a significant reduction in private and public property damage.   

 

2.         Fred Allen - for his long-term dedication and accomplishment involving two volunteer organizations that support National Forest Service lands, the Poudre Wilderness Volunteers and the Arapaho and Roosevelt National Forests & Pawnee National Grassland Foundation. Fred has served as member and chair of both groups, and led efforts to secure major partners and grants to continue their conservation work with the U.S. Forest Service.  In their letter of nomination, the Canyon Lakes Ranger District noted that Fred’s recruitment efforts this year have been instrumental in gathering volunteers from local businesses and organizations for three major stabilization projects on trails directly impacted by the High Park Fire, which resulted in reopening several Poudre Canyon trails shortly after the fire.

 

3.         The Environmental Learning Center - for providing important natural resource education catered to K-12 students. The Environmental Learning Center is part of Colorado State University’s Warner College of Natural Resources. The Center manages educational programs at an 80-acre preserve on the Poudre River, which provides students with firsthand experience and environmental topics ranging from wildlife, invertebrate biology, water quality, and watershed science.  The program is an invaluable aid to teachers who rely on the Center as a field-based environmental education resource, helping make classroom lessons real and relevant.

 

The Board congratulated all three recipients and Chair Gaiter noted that the following items were on the consent agenda and would not be discussed unless requested by a member of the Board, staff, or the audience:

 

1.         CRYSTAL LAKES 11TH FILING, LOTS 81, 92, 83, & TRACT I AMENDED PLAT, FILE #12-S3135:              This is a request for approval to amend the plat of Lots 81, 82, 83, and Tract I of the Crystal Lakes 11th Filing, to reconfigure the lots and greenbelt area and vacate a utility and guy easement on the common lot line between Lots 81 and 83.

 

The properties in question are all located in the Crystal Lakes Subdivision, 11th Filing, just north of the intersection of County Road 73C and Tami Road. The Crystal Lakes 11th Filing was originally recorded in 1976. 

 

If approved, Lots 81 and 83 will be reconfigured and combined into one, 2.07-acre lot, that will include a utility and guy easement vacation that currently runs along the common lot line between Lots 81 and 83, that if left intact, would go through the middle of the resulting lot. Tract Iis proposed to be reconfigured and relocated, while retaining its original size of .85-acres.  Lot 82 will be enlarged, creating a 2.45-acre lot. 

 

The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

·   The Larimer County Addressing Coordinator

·   The Larimer County Department of Health and Environment

·   The Larimer County Land Surveyor

 

All the affected utility companies have agreed to the request regarding the easement vacation.

 

The Development Services Team recommends approval of the Amended Plat of Lots 81, 82, 83, and Tract I of the Crystal Lakes 11th Filing, to reconfigure the lots and greenbelt area and vacate a utility and guy easement on the common lot line between Lots 81 and 83 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 July 3, 2013, or this approval shall be null and void.

 

2.    The vacation of the utility and guy easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

3.    Prior to the recordation of the final plat the applicant shall make the technical corrections required by County staff and by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

2.         ANDELT SUBDIVISION PLAT VACATION, FILE #12-S3138:   This is a request for approval to vacate a Final Plat for a two-lot subdivision on 20-acres with one existing home.  The applicants for this request are the contract purchasers of Lots 1 and 2 of the Andelt Subdivision.  This recently approved subdivision is only the two lots and the original owners the Andelt’s have moved from the area.  With the subdivision on the market, these purchasers do not wish to retain the two lots.  A plat vacation to return this to the original configuration as Lot 1 of the AOMI Subdivision will allow them to proceed with the purchase and use the lot(s) for their horses and livestock. 

 

An additional right-of-way was platted with the subdivision and the Engineering Department wishes to retain said additional right-of-way after the vacation. The Blakenheims do not object to the Engineering Department's request. The roadway improvements, which were required, have been completed, inspected, and approved. Outstanding is the installation of a new water line which if the plat vacation is approved will be unnecessary. Upon approval of this application the collateral for the water line will be released.

 

The Development Services Team recommends approval of the Andelt Subdivision Plat Vacation, file #12-S3138, subject to the following condition:

 

1.    All dedicated rights-of-way will be retained. This may require a separate instrument to be prepared for acceptance by the Board of County Commissioners.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

There being no further business, 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 Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Doug Ryan, Environmental Health Department; Clint Jones and Eric Tracy, Engineering Department; Russ Legg and Rob Helmick, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC SERVICE COMPANY OF COLORADO WEST MAIN GAS LINE 1041, FILE #12-Z1893:   This is a request for approval of a request to construct a new 16-inch-diameter high-pressure natural gas transmission line to replace an existing 8-inch line. This application was originally presented to the Larimer County Planning Commission at their regular October meeting. The Board's recommendation for approval came after brief discussion and comments from two potentially affected land owners. The land owners had questions with respect to shutoffs installed on the line and a concern regarding right-of-way use and location. Comments from the Larimer County Planning Commission were about line depth, construction and design and coordination with other local governments and their departments. 

 

The Larimer County Planning Commission recommends the Board of County Commissioners approval of Public Service Company of Colorado West Main Gas Line 1041, file #12-Z1893, subject to the following conditions:

 

1.    Any final plans shall be consistent with the approved preliminary plan and with the information contained in the PSCO 2013 West Main Gas Line Replacement 1041 permit, file #12-Z1893, except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Public Service Company 2013 West Main Gas Line Replacement 1041 permit, file #12-Z1893.

 

2.    The applicants shall conduct a burrowing owl survey for those areas of the preferred route affecting prairie dog towns.

 

3.    The applicants shall coordinate all ditch crossings with the appropriate ditch companies and insure that all licenses and agreements are in place prior to construction.

 

4.    The applicant shall coordinate all bores of the county roads affected by the route and obtain all necessary permits and permissions. 

 

5.    The applicant shall obtain all necessary and required State and Federal permits for the construction of the pipeline.

 

6.    The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval.  Significant alterations to the route shall be evaluated by the county prior to commencing activity, and may be subject to further review.   

 

7.    The applicant shall update Larimer County with respect to any property negotiations that would affect the open space route and/or mitigation of the pipeline.

 

Chair Gaiter opened the hearing to the applicant, and Dan Tecavec, representative from Public Service Company of Colorado (PSCO), noted that if approved, the proposed line would replace an existing 83-year-old line, which is nearing the end of its useful life. Mr. Tecavec explained that PSCO prefers to utilize existing easements when possible;, and would like to avoid placing the new line under roadways due to increased risk of third party damage during roadwork.

 

Chair Gaiter opened the hearing to public comment. Eric Johnson and Jeff Couch addressed the Board on behalf of the Klen Family, owners of property adjacent to the City of Loveland. Mr. Couch requested PSCO relocate the line from its proposed location to the northern border of the Klen's property, noting that any proposed subdivision or development of the property would require crossing of the proposed pipeline by multiple utility providers.

 

Much discussion ensued between the Board and Mr. Tecavec regarding the encumbrance of easements upon private property owners.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the hearing for the Public Service Company of Colorado West Main Gas Line 1041, file #12-Z1893, until January 22, 2012, to allow for the continuance of good faith negotiations to continue between the Public Service Company of Colorado and private property owners in an effort to satisfactorily resolve problems with the proposed alignment.

 

Motion carried 3-0.

 

Commissioner Donnelly recused himself from the remainder of the hearing citing a possible conflict of interest, as the Pope family recently hired CDS Engineering, Commissioner Donnelly’s wife’s employer, to complete a project. Commissioner Donnelly then left the hearing.

 

2.         POPE COMMUNITY HALL SPECIAL REVIEW, FILE #12-Z1890 (CONTINUED FROM OCTOBER 15, 2012):  This is a request for consideration of the Pope Community Hall Special Review for: a Community Hall to accommodate 22 celebratory events annually; amendments to the Seasonal Camp element of  the Pope Special Review and Appeal, file #10-Z1777, to reduce the number of Seasonal Camps annually to eight; and an appeal to Section 10.5.E of the Land Use Code to allow off-premise signage for the proposed uses.

 

On September 19, 2012, the Development Services Team presented the Pope Community Hall Special Review application to the Planning Commission. At the hearing, the Planning Commission heard from the Development Services Team, the applicant, and the public. Issues raised during the hearing included neighborhood impacts and compatibility stemming from traffic, noise, loss of rural residential character, and past non-compliance issues. The Planning Commission ultimately voted to recommend approval of the Pope Community Hall and Pope Special Review and Appeal, file #10-Z1777, with numerous conditions.

 

In addition, the Planning Commission recommended the Board deny the request for off premise signage of the property.

 

On October 15, 2012, the Pope Community Hall Special Review application was presented to the Board of County Commissioners. After hearing testimony from staff, the applicant, and citizens, the Board closed the public hearing and deliberated on a potential decision. Said deliberation led the Board to table any decision until December 3, 2012, to allow staff and the Board to discuss alternatives and conditions for consideration.

 

On October 29, 2012, staff met with the Commissioners at a work session and discussed potential conditions of approval. At the work session, the Board instructed staff to craft a final draft of conditions for consideration by the Board on December 3, 2012.

 

Mr. Lafferty reviewed the above timeline and Chair Gaiter opened the hearing to the applicant. Mr. Pope addressed the Board and compared the proposed event center to the Budweiser Event Center, owned and operated by Larimer County. Mr. Pope also stated that staff's suggested conditions would hinder the success of the proposed event center.

 

Chair Gaiter opened the hearing to public comments and the following addressed the Board in opposition to the application:  John Schmid, Joan Welch-Schmid, Ken Ecton, Sandy Walker, Ray Sullivan, Liz Whitney, Christine Weiner, and Dave Twedt. Many cited incompatibility with the rural nature of the neighborhood.

 

Kelly Jo Stoddleman, Kelly Wheat, and Andy Burnette addressed the Board in support of the application and noted that the high number of conditions proposed could create a large burden for the proposed event center.

 

Mr. Pope readdressed the Board and commented on a number of the proposed conditions.

 

Much discussion ensued between the board and staff regarding the conditions for approval.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Pope Community Hall Special Review, file #12-Z1890, subject to the following conditions (proposed and amended at the time of the hearing):

 

1.         The Pope Community Hall Special Review, file #12-X1890, approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.         The site for the Pope Community Hall Special Review shall be developed consistent with the approved plans and information contained in the Planning Department file #12-Z1890, except as modified by the conditions of this approval. The approval of this application shall also be subject to all other verbal representations and commitments made by the applicant that are of record for the Pope Community Hall Special Review, file #12-Z1890.

 

3.         Failure to comply with any of the conditions of approval for the Pope Community Hall Special Review, file #12-Z1890, may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.

 

4.         The Community Hall Special Review, file #12-Z1890, is approved without requirement for  Development Agreement.

 

5.         If the applicant/owner fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Community Hall Special Review, file #12-Z1890, the applicant agrees, in addition to all other remedies available to the county; the county may withhold building permits, issue written notice to the applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the special review. All remedies are cumulative and the county's election to use one shall not preclude use of another. If the County must retain legal counsel and/or pursue a court action to enforce the terms of this said approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorneys' fees.

 

6.         The Findings and Resolution for the Pope Community Hall Special Review, file #12-Z1890, shall be a servitude running with the property. Those owners of the property, or any portion of the property, who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns, or transferees, and persons holding under applicants, shall comply with the terms and conditions of said special review approval.

 

7.         The county may conduct periodic inspections of the property and reviews of the status of the Pope Community Hall Special Review, file #12-Z1890, as appropriate, to monitor and enforce the terms of said Special Review approval.

 

8.         The Pope Community Hall Special Review is approved for a total of twenty-two weddings or similar events/activities (not including Seasonal Camps) annually, with no more than two events occurring within a 30-day period. The number and type of weddings or similar events/activities, are further defined by conditions 10 and 11 below, and shall be counted starting on January 1st and ending December 31st of each year, with no carryover in subsequent years.

 

9.         Weddings and similar events/activities may include rehearsals (no rehearsal dinners) without being considered a separate event.

 

10.       The Pope Community Hall Special Review is approved to allow sixteen indoor only weddings or similar events/activities. Said weddings or similar events/activities shall be subject to the following:

 

a.         The use of amplified music, voice, or sound shall be confined to the inside of the gymnasium.

b.         The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

c.         To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must remain closed during all approved weddings or similar events/activities.

 

11.       The Pope Community Hall Special Review is approved to allow six weddings or similar events/activities that have outdoor activities in addition to a ceremony. Said weddings or similar events/activities shall be subject to the following:

 

a.         During the time period starting April 1st, and ending September30th, there shall be only one of the six aforementioned weddings or similar events/activities allowed per month.

b.         The use of amplified music, voice, or sound, shall be confined to the inside of the gymnasium/multi-purpose room, except during an allowed ceremony.

c.         The use of amplified music, voice, or sound, shall last no more than two hours, and shall not occur or extend beyond 7:00 p.m. on any day.

d.         The speaker placement and orientation plans shall be adhered to for the outdoor use of amplified music, voice, or sound for an allowed ceremony, with the measured level of sound no greater than 75 decibels at three-feet from the front of each speaker.

e.         The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

f.          To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must remain closed during all approved weddings or similar events/activities.

 

12.       The applicant/owner shall have an automatic fire sprinkler system installed, inspected, and approved in the gymnasium/multi-purpose room, if they want to conduct weddings/events/activities at an occupancy rate higher than outlined in Condition 13. Said inspection and approval shall be by the Larimer County Building Department and the Poudre Fire Authority.

 

13.       Until such a time when the applicant/owner complies with Condition 12, above, the attendance/occupancy of all approved weddings/events/activities, conducted under Condition 10, above, for the Pope Community Hall Special Review, file #12-Z1890, shall not exceed 99 individuals, which includes service personnel.

 

14.       Upon compliance with Condition 12, above, the attendance/occupancy of the approved weddings/events/activities for the Pope Community Hall Special Review, file #12-Z1890, shall not exceed 170 individuals, which includes service personnel.

 

15.       Customer contracts for all events shall have an invitee limit of 150 individuals.

 

16.       All patrons and service personnel shall park in the designated parking lot. The parking lot shall contain 62 parking spaces (three of which shall be handicapped spaces).

 

17.       Fire access roads and fire lane requirements, as outlined in the referral letter found in the Pope Community Hall Special Review, file #12-Z1890, from the Poudre Fire Authority, by Ron Gonzales, Assistant Fire Marshal, dated July 24, 2012, shall be complied with at all times.

 

18.       Weddings/events/activities for the Pope Community Hall Special Review, file #12-Z1890, shall only be allowed on the property between the hours of 9:00 a.m. and 10:00 p.m. There shall be no outdoor activity, associated with any wedding/event/activity, after 7:00 p.m. This condition does not apply to approved Seasonal Camps.

 

19.       The owner/operator of the Pope Community Hall Special Review shall hire a Peace Officer Standards and Training (POST) certified local law enforcement officer/sheriff deputy/ranger to monitor and report (in a format determined by the Planning Department) on the operations and functions of all events. At a minimum, the report must address the following (to address an unforeseen issues, the following list of reported items can be expanded by the Larimer County Planning Director at any time):

 

a.         Placement and orientation of all speakers being used outside of the gymnasium/multi-purpose room, per the approved Speaker and Orientation Plan.

b.         One decibel reading per hour at a distance of three (3) feet from the front of each speaker located outdoors;

c.         Number of individuals attending the event, including service personnel;

d.         Areas of the site used for activities (including the amount of time in each space);

e.         Start and finish time for the event;

f.          How many cars were in the parking area; and

g.         Any other pertinent information, such as neighbor complaints and/or visits by county or Poudre Fire Authority personnel.

 

20.       The owner/operator shall provide the contact information of the POST certified local law enforcement officer/sheriff deputy/ranger overseeing the event on the business webpage for the approved use, so neighboring property owners can report specific instance of potential issues.

 

21.       A complete signed report from the POST certified local law enforcement officer/sheriff deputy/ranger overseeing the event must be submitted to the planning department within ten calendar days of each event.

 

22.       The applicant/owner shall ensure that all transportation to and from the site by guests and service personnel shall be via typical surface transportation. No alternative transportation (helicopter, hot air balloon, shuttle bus or similar transports) shall be allowed for weddings/events/activities.

 

23.       The applicant/owner shall construct a 6-foot high wood fence as illustrated on the approved site plan prior to any outdoor weddings/events/activities.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the modifications to the conditions of approval for the Pope Special Review and Appeal, file #10-Z1777, pertaining to the Seasonal Camps, see also the Findings and Resolution, recorded at Reception 20100038712, as recommended by the Developmental Services Team and Planning Commission.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appeal to Section 10.5.E of the Land Use Code, to allow for:

 

1.         A temporary off-premise directional sign, to be located on private property, no farther from the subject parcel than the nearest public road (Bingham Hill Road), and;

 

2.         That it be allowed to be a one or two sided sign face that is no more than four-square-feet per face, a sign height no more than four-feet, and is in place only on the day of an allowed event or activity, and;

 

3.         Said signage shall be located outside of any sight distance triangle, as defined in Section 4.3.2.3 of the Larimer County Rural Area Road Standards, and;

 

4.         That the shall secure appropriate legal rights to place said off-premise sign on neighboring private property.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 10:00 p.m. 

 

 

 

TUESDAY, DECEMBER 4, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter Presided and Commissioners Donnelly and Johnson were present. Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office;  Joni Friedman, Workforce Center; Debbie Pierson, Veterans Services Department; Lonnie Berett, Road and Bridge Department; David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

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

 

1.    PUBLIC COMMENT:   Dolores Williams shared information regarding Fracking in Larimer County, and urged the Board to consider implementing a moratorium on this practice, as she believes it is causing harm to animals and groundwater contamination.

 

Eric Sutherland stated that he obtained documents from the City of Fort Collins, utilizing the Colorado Open Records Act, which prove that money was pledged to a private entity without public input.  He further stated that there are instances when the County can withhold Tax Increment Finance funding to the City of Fort Collins, and urged the Board to consider taking action in this instance.

 

Mel Hilgenberg provided community updates, and comments regarding his situation with the Human Services Department and his Medicaid being discontinued. 

 

Robin Bachelet echoed the comments from Eric Sutherland, noting that she is extremely disturbed by things that were revealed in the city documents.  Mrs. Bachelet stated that  taxpayers are being deceived, and the development community has been hindered by this action.

 

2.      APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 19, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of November 19, 2012.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 10, 2012:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.      CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the following documents, as listed on the consent agenda outlined below:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petition for Abatement is approved:  V&S Partnership.

 

12042012A001           GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY, AND LARIMER COUNTY EMERGENCY MANAGEMENT

 

12042012A003           FIFTH RENEWAL AND REPLACEMENT OF THE LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF TIMNATH

 

12042012A004           LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

 

12042012D001           DEED OF DEDICATION – FLOYD A. MAXWELL AND ETHEL M. MAXWELL

 

12042012D002           DEED OF DEDICATION – ANNEMARIE CHENOWETH

 

12042012D003           DEED OF DEDICATION – PAUL M. PARSONS AND JULIE A. HALLQUIST TRUSTEE

 

MISCELLANEOUS:  Findings and Order – Fort Collins Country Club -  Granting a Private Hotel & Restaurant License;  Amendment Number 5 to Larimer County Contributory Retirement Plan; CDHS Certification of Compliance County Merit System Year 2013; Reappointment of Tim Podhajsky to PID #40 Paragon Estates for a 4-year term beginning December 1, 2012, and expiring November 30, 2016.  Public Trustee 3rd Quarter Report, 2012; Department of Human Services Payments for October 2012.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Western Ridge Restaurant & Resort – Hotel and Restaurant – Livermore; Aspen Lodge – Hotel and Restaurant – Estes Park; Inferno Event Center – Tavern – Loveland.

 

Motion carried 3-0.

 

5.         VETERANS SERVICE OFFICER REAPPOINTMENT:  Ms. Friedman explained that Mr. Berett has been serving voluntarily as the Veterans Service Officer since March of 2009.   Ms. Friedman stated that Mr. Berett has been doing an outstanding job in this position by working with other service organizations and providing outreach to veterans and their families. She requested that he be reappointed for a three-year term beginning April 1, 2012, through March 31, 2015.  (Appointment is retroactive to April 1, 2012.)

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve reappointing Lonnie Berett as the Larimer County Veterans Service Officer for a three-year term retroactively from April 1, 2012, through March 31, 2015.

 

Motion carried 3-0.

 

6.  ADOPTING THE ESTES PARK LOCAL MARKETING DISTRICT 2013 OPERATING PLAN:   Ms. Hoffmann presented the Estes Park Local Marketing District 2013 Operating Plan for the Board’s consideration and approval.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Estes Park Local Marketing District 2013 Operating Plan. 

 

Motion carried 3-0.

 

12042012R001           RESOLUTION ADOPTING THE ESTES PARK LOCAL MARKETING DISTRICT 2013 OPERATING PLAN

 

7.         ORDINANCE RELATING TO PANHANDLING IN UNINCORPORATED LARIMER COUNTY – SECOND READING: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners open a public hearing for the Panhandlers Ordinance. 

 

Motion carried 3-0.

 

Mr. Ayraud presented the ordinance for the Board’s consideration, noting that he had been contacted by the local Salvation Army with concerns that this ordinance would hinder their bell-ringing operations.  Mr. Ayraud assured the Board that nothing in the ordinance would prohibit the Salvation Army from soliciting donations with their bell-ringing program. 

 

During public comment, Ken Hiseler, representative from the Salvation Army, thanked Mr. Ayraud for his clarification, as they were concerned there would be some detrimental impacts to their donation collections.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Ordinance relating to Panhandling in Unincorporated Larimer County. 

 

Motion carried 3-0.

 

12042012O001           ORDINANCE RELATING TO PANHANDLING IN THE UNINCORPORATED TERRITORY OF LARIMER COUNTY

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners close the public hearing for the Panhandlers Ordinance. 

 

Motion carried 3-0.

           

8.         EMPLOYMENT AGREEMENT – AMENDMENT NO. 1:  The Board noted that Ms. Hoffmann has finished her probationary period and they commended her on a job well done in her first six months as County Manager, especially in light of the many challenges she faced early on, including the High Park Fire.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Employee Agreement – Amendment No. 1, for Linda Hoffmann to convert County Manager to non-probationary/permanent status effective December 1, 2012, through December 31, 2013. 

 

Motion carried 3-0.

 

9.         RECEIVE DIRECTION ON 2013 BOARD ASSIGNMENTS:  Mr. Gluckman reviewed pending 2013 Board assignments, and will follow up informally with the Board regarding these positions. 

 

10.       WORKSESSION:  Mr. Gluckman reviewed the legislative position guide with the Board.

 

11.       COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week.

 

12.       LEGAL MATTERS:   Mr. Ayraud explained that Colorado Revised Statues requires local governments to appoint a specifically named service agent to receive court summons.  He further explained that most counties appoint their county attorney, since that is who would most likely be served anyway.  The Board agreed.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners appoint attorney George Hass as agent for service in Larimer County.

 

Motion carried 3-0.

 

The meeting adjourned at 10:15 a.m., with no further action taken.

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

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