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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MARCH 1, 2010
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Karlin Goggin, Building Department; Deni LaRue, Commissioners’ Office; Dr. Adrienne LeBailly and Jane Viste, Health Department; Kathy Snell, Department of Health and Human Services; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance.
Dawn Paepke, from the McKee Medical Center Foundation, informed the Board that Dr. LeBailly would be receiving an award at the annual “McKee Thanks” Luncheon on March 9, 2010. Ms. Paepke stated that Dr. LeBailly was chosen for to receive the award because of her determination and success in providing H1N1 Flu Vaccinations to all interested Larimer County residents in an effectively and efficiently manner.
Dr. LeBailly addressed the Board and thanked all of the staff and volunteers who helped make the flu vaccination clinics a success. The Board congratulated Dr. LeBailly.
Chair Johnson asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.
1. CHRIS HANSEN ADDRESS APPEAL: This is a request to retain the property address 4000 West County Road 74E instead of the address 400 North County Road 37, as proposed by staff.
During the Rural Addressing Project, county staff determined the address 4000 West County Road 74E was non-compliant with addressing principals as access to the property is solely from North County Road 37. During the initial phase of discussions with the appellant, Mr. Hansen, was advised staff could allow the address of 4000 W County Road 74E to remain if a direct access from West County Road 74E was established. Based upon these conversations and a site visit, it was determined that creating a direct access from West County Road 74E would be difficult and costly.
The applicant has stated that the residence has been in existence since the 1890’s and the address originally provided to the property was 4000 West County Road 74E; however, the county addressing system does not recognize site specific addresses as being historical as historical significance pertains specifically to historic road names in the county.
The appellant has also stated that the address 400 North County Road 37 is often confused with another segment of County Road 37; however, that segment is now officially known as Red Mountain Road and, therefore, should not be confused with North County Road 37. There are two other properties to the north of the appellant, which are also addressed from North County Road 37 and road signs are clearly present to indicate that the road is North County Road 37, not a driveway, and definitely not an extension of West County Road 74E.
Finally, the appellant noted problems with college applications and mail delivery in association with the new address; therefore, staff requested information from the United States Postal Service (USPS) regarding the new mailing address. USPS agreed with the address change to 400 North County Road 37 and advised county staff to inform the owner to use the old mailing address as database updates can take several months to be recognized by private companies and institutions.
The county code states staff is to provide property owners, the general public, and Larimer County with an accurate and systematic means of identifying and locating property. It is the belief of staff that the systematic address to this property is 400 North County Road 37, as access to the site is clearly from North County Road 37 and should reflect such a site address in order to facilitate services.
Staff recommends denial of this appeal as it would negate the county’s efforts to create a logical, systematic, and consistent addressing scheme. Approval of this request would only hinder the Rural Addressing Project, increase the potential for similar requests, and disrupt the guiding principals for future addressing in the county.
Chair Johnson opened the hearing to public comment and Chris Hansen, appellant, addressed the Board. Mr. Hansen stated that when he moved into the residence, he contacted county staff and USPS. Both agencies instructed him to continue utilizing the 4000 West County Road 74E address. He explained that he has not had any problems utilizing the address, for mail or otherwise, until county staff changed the property’s official address to 400 North County Road 37.
Furthermore, Mr. Hansen stated that signage for North County Road 37 is inadequate and incorrect, which has caused complications with visitors and deliveries to his property. Mr. Hansen requested the Board approve his appeal and grant him an allowance to retain the address 4000 West County Road 74E.
Commissioner Gaiter asked Mr. Hansen if he were willing to retain his address at the expense of losing services such as emergency response to the property. Mr. Hansen stated that if there were an emergency on the property, he would have to take care of it himself as emergency response is often very slow to rural areas.
Much discussion ensued between the Board, staff, and the applicant regarding mail delivery and emergency response to the subject property.
The Board decided to approve the appeal, due to the inconveniences inflicted upon the applicant when utilizing the 400 North County Road 37 address.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Chris Hansen Address Appeal, to retain the address of 4000 West County Road 74E.
Motion carried 3-0.
There being no additional business, the Board adjourned at 4:15 p.m.
TUESDAY, MARCH 2, 2010
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Donnelly presided and Commissioner Gaiter was present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Charlie Johnson, Engineering Department; Bob Herrfeldt, Fairgrounds and Event Center Director; Carol Block, Finance Department; Gary Buffington, Department of Natural Resources; Marc Engemoen, Department of Public Works; Joni Friedman, Work Force Center; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 22, 2010:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of February 22, 2010.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 8, 2010: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA: There was some discussion between the Board, Mr. Gluckman, and Ms. Friedman regarding the documents entitled “Administrative Policy and Procedure 100.16B – Authority to Waive Policy” and “Layoff Reserve Expenditure Authorization.”
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Consent Agenda as it appears below:
ABATEMENTS: As proposed by the County Assessor, the following Petitions for Abatement were presented for approval: Grant-Hoven Properties LLC; Elwood B. Shirling Living Trust; Alexander M. Hunter; Kristy Dellinger; Ingold Family Trust; Pearse Investment Company LLLP; Bonnie and John Tallman; Don E. & Karen L. Unger; and G. Hal & Sharon D. Hufford.
03022010A001 NETWORK ACCESS AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COFINITY INC
03022010A002 CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE (FOR THE AQUATIC NUISANCE SPECIES BOAT INSPECTION PROGRAM AT HORSETOOTH AND CARTER RESERVOIRS)
03022010A003 AMENDMENT #1 TO THE GENERAL CONSTRUCTION SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELEHOY CONSTRUCTION INC.
03022010R001 RESOLUTION REGARDING REGULATIONS RELATING TO LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES AREAS AND FACILITIES
03022010R002 AMENDED FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT 2 OF THE POPE MRD, TO DELETE A RESTRICTIVE PLAT NOTE
03022010R003 FINDINGS AND RESOLUTION APPROVING THE SKELTON MINOR LAND DIVISION
03022010R004 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 21, 22, & 24, BLOCK 8, GLEN HAVEN SUBDIVISION
MISCELLANEOUS: Amended Public Trustee 4th Quarter Report and 2009 Annual Report; Administrative Policy and Procedure 100.16B – Authority to Waive Policy; Letter of Support for Grant for Red Feather Lakes Library; and Layoff Reserve Expenditure Authorization.
LIQUOR LICENSES: The following license was approved and issued: Horsetooth Liquor – Retail Liquor Store – Fort Collins.
Motion carried 2-0.
5. SALE OF COUNTY OWNED BIG THOMPSON FLOOD PARCELS IN DRAKE WITHIN THE HAYDEN SUBDIVISION: Mr. Buffington and Mr. Johnson requested approval for the sale of portions of 13 county owned parcels of land located in the Hayden Subdivision of Drake. Mr. Johnson explained that these parcels have been owned by the county since the Big Thompson Flood in 1976 and portions of the parcels are proposed to be sold to adjacent land owners in an attempt to eliminate maintenance costs. All parcels will be deed restricted and do not permit permanent structures, commercial use, overnight camping, storage of equipment, or storage of vehicles. There are also fencing restrictions on the parcels to minimize potential flood debris problems.
To ensure public access to the river, the county will maintain ownership of the river corridor; and therefore, the proposal is to sell only portions of the original parcels.
Commissioner Donnelly thanked Mr. Buffington and Mr. Johnson for their work with adjacent property owners, concerned citizens, and fishing enthusiasts.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the sale of 13 lots in the Hayden Subdivision and Resolutions for Conveyance as recommended by staff and the Parks Advisory Board.
Motion carried 2-0.
03022010R006 RESOLUTION AND DEED FOR CONVEYANCE – HAYDEN SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LEROY H., AND MARGIE E. RADY
03022010R007 RESOLUTION AND DEED FOR CONVEYANCE – HAYDEN SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION
03022010R008 RESOLUTION AND DEED FOR CONVEYANCE – HAYDEN SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHRISTINE L. OCHOA
03022010R009 RESOLUTION AND DEED FOR CONVEYANCE – HAYDEN SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WILLIAM C., AND SHERRY E. STROH
03022010R010 RESOLUTION AND DEED FOR CONVEYANCE – HAYDEN SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, DALLAS W. MAURER, AND CONNIE M. CLAISER
03022010R011 RESOLUTION AND DEED FOR CONVEYANCE – HAYDEN SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, G. D., AND CAROLYN E. DUNNING
6. RESOLUTION FOR RENEGOTIATION OF LOAN FROM SOLID WASTE: This item was tabled at the Administrative Matters meeting on Tuesday, February 23, 2010, for clarification.
Commissioner Gaiter thanked Ms. Block and Mr. Herrfeldt for all of the information provided to the Board during the last week via email.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the resolution for Renegotiation of Loan from the Solid Waste Enterprise Fund to the Fair Special Revenue Fund.
Motion carried 2-0.
03022010R005 RESOLUTION APPROVING RENEGOTIATION OF LOAN FROM SOLID WASTE ENTERPRISE FUND TO FAIR SPECIAL REVENUE FUND
7. BOARDS AND COMMISSIONS APPOINTMENTS : Ms. LaRue presented the following recommendations for boards and commissions: Appointment to PID #41 The Bluffs – John Burnett and David Corbin – March 2, 2010 through November 30, 2014; Appointment to PID #41 The Bluffs – Gene Pakenham – March 2, 2010 through November 30, 2012; Mid-term Appointment to the Planning Commission – Sean Dougherty – March 2, 2010 through June 30, 2011; Appointment to the Workforce Investment Board – Ed Rutherford – March 2, 2010 through June 30, 2012.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the appointments to PID #41The Bluffs, the Mid-term Appointment to the Planning Commission, and the Statutory Appointment to the Workforce Investment Board as listed above.
Motion carried 2-0.
8. LEGISLATIVE UPDATE: Mr. Gluckman updated the Board on pending legislation.
9. COUNTY MANAGER WORKSESSION: Mr. Gluckman had no items to review with the Board.
10. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their attendance at events during the previous week.
11. LEGAL MATTERS: Ms. Haag and Mr. Ressue requested the Board go into executive session for the purpose of receiving legal advice with no decision to follow. (Affidavit provided)
M O T I O N
Commissioner Gaiter 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 11:00 a.m.
LIQUOR LICENSE HEARING FOR CHARCY LLC
The Board of County Commissioners reconvened at 1:30 p.m. with Linda Connors, Assistant County Attorney. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Andrea Ballantyne, Court Reporter; Gael Cookman and Denise Ruybal, Clerk and Recorder’s Office; and Melissa Lohry, Deputy Clerk.
Ms. Ballantyne swore in the applicant, Sara Zahakis.
Ms. Connors reviewed the contents of the application, and presented Exhibit A, photos of the posting of the premises, and Exhibit B, a petition demonstrating the needs and desires of the surrounding neighborhood. Ms. Connors asked the applicant a series of questions regarding the posting of the premises and the circulation of the petition. Ms. Zahakis stated the premises were originally posted on February 12, 2010, and she noted no opposition from the surrounding neighbors to the granting of this liquor license.
Ms. Connors questioned whether Ms. Zahakis was familiar with the liquor laws of Colorado. Ms. Zahakis stated that she was familiar with some of the laws through her husband’s restaurant; however, she intended to enroll in classes with her staff to become better acquainted with the laws.
Some discussion ensued between the applicant and the Board regarding the business.
Ms. Connors opened the hearing to public comment and Linda Sauer, neighboring land owner, addressed the Board in opposition to the application. Ms. Sauer voiced great concern about changes to the character of the neighborhood that may result from approval of the application. Ms. Sauer also questioned the applicant’s desire to obtain a retail liquor license as only 3.2% beer is allowed within the nearby park boundaries of Horsetooth Reservoir.
Paula Powell, nearby business owner, also addressed the Board in opposition to the application due to its proximity to her business, which is licensed to sell alcohol. Ms. Powell stated that approval of the application would cause an undue concentration of liquor establishments, and therefore, should be denied.
Ms. Connors explained to the Board that they may deny an application if they believe approval would cause an undue concentration of liquor establishments and result in the need for additional law enforcement presence.
Konstantinos Zahakis addressed the Board in support of the applicant and stated the proposed retail liquor store would promote capitalism, not cause undue concentrations of establishments.
Ms. Connors closed the hearing to public comment and opened the hearing to Ms. Zahakis for rebuttal. Ms. Zahakis clarified that the entire store would be a seasonal operation and would not be open year-round.
Ms. Cookman informed the Board that because retail liquor stores are now allowed to sell full-strength alcohol on Sundays, 3.2% alcohol sales may soon become obsolete.
Chair Johnson stated he would not support the application because he believed it would alter the character of the neighborhood and require additional law enforcement personnel due to the store’s proximity to the county park.
Commissioner Donnelly stated he would support the application as he did not believe the store would require increased burden on law enforcement, nor would it affect public safety.
Commissioner Gaiter sated he would also support the application because he believed that if 3.2% alcohol became obsolete, so too would the county’s limitation on the consumption of full-strength alcohol within its parks. He also noted that he did not believe it was within the Board’s authority to create a non-competition zone, or monopoly, for existing businesses.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the application for a retail liquor license for Charcy LLC, doing business as Horsetooth Market, located at 4025 West County Road 38E. The license will not be issued until a clean copy of the location’s lease is presented to the Clerk and Recorder’s office and an inspection of the premise is conducted.
Motion carried 2-1, Chair Johnson dissenting.
There being no further business, the Board adjourned at 2:15 p.m.
STEVE JOHNSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa Lohry, Deputy Clerk