MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, November 11, 2002
The Courthouse was closed for Veteran's Day.
TUESDAY, NOVEMBER 12, 2002
(No Audio Available)
The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Ginny Riley and Glen Rathgeber, Human Services Department; Donna Hart and Deni La Rue, Commissioner's Office; and Jean O'Connor, Clerk to the Board.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 18, 2002: Ms. Hart reviewed the schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:
11122002A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER HUMANE SOCIETY
11122002A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DONNA YELEK FOR ROAD IMPROVEMENTS ON COUNTY ROAD 29- BRIDGE #29-0.3-20
11122002D001 DEED OF CONSERVATION EASEMENT BY H.A. AND ELAINE J. FONKEN AND LARIMER COUNTY
11122002O001 RESOLUTION AND ORDINANCE CONCERNING ANIMAL CONTROL AND DOG LICENSING
11122002R001 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE
11122002R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CARRIAGE HILLS 4TH FILING, BLOCK 11, LOTS 19 & 20
11122002R003 AMENDED PLAT OF CARRIAGE HILLS 3RD FILING, BLOCK 7, LOTS 3, 4 & 7
11122002R004 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR GLEN HAVEN LOTS 7-9, BLOCK 4 AND LOT 9, BLOCK 6 AMENDED PLAT
11122002R005 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR BALLARD PLACE BLOCK 5, LOTS 3 - 4 AND BLOCK 4, LOTS 5 - 6 AMENDED PLAT
MISCELLANEOUS: Workforce Investment Act expenditure authorization for transfer of funds from dislocated worker to adult program; Public Trustee 3rd Quarter report for 2002; Corrected plat of the amended plat of lot 1 of the amended plat of lot 13, block 4 Letitia Lake Subdivision; Radiel Minor Land Division; Amended Plat of Lots 13 -17, Block 32 Hiawatha Heights Subdivision; and Amended Plat for lots 3 & 4, Block A Mycamp Subdivision.
Motion carried 3 - 0.
4. INTRODUCTION OF MARGARET LONG, OFFICE ON AGING PROGRAM MANAGER: Ms. Riley and Mr. Rathgeber introduced Ms. Margaret Long as the new Office on Aging Program Manager. Ms. Long briefed the Board on her background and the direction of the program. Ms. Riley stated that this position is basically Federally funded.
5. REQUEST FOR WAIVER FOR HOLIDAY LEAVE: Ms. Riley stated that Human Services continues to layoff employees and noted that those employees who received notice in November, would be shorted two-days pay due the holiday at the end of the month. Ms. Riley noted that current policy requires that employees work (or take vacation) the day preceding and following a holiday in order to be paid for that holiday. Ms. Riley requested a waiver of the policy in order to allow those employees being laid off to be paid for the holiday.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve waiving the payment for holiday leave in section 611 of the Personnel Policy Manual for up to 18 employees in the Department of Human Services who received layoff notices in November 2002.
Motion carried 3 - 0.
6. WORK SESSION: Mr. Lancaster requested approval of a letter from the Board to the laid off employees in Human Services and permission to apply electronic signatures and the Board concurred.
Commissioner Rennels stated that discussions have been on going in several community organizations regarding a way to recognize the endless community commitments and services of Mr. John Worthington, who recently passed away. Commissioner Rennels noted that the establishment of the "John Worthington Award" has been suggested and asked how the Board felt about the idea. Commissioner Bender agreed and noted that the award would be for outstanding community service, commitment and/or stewardship but would not necessarily be given annually. Commissioner Rennels stated that she would discuss the idea further with the Agricultural Advisory Board.
7. COMMISSIONER REPORTS: The Board reviewed events they attended the past week.
8. LEGAL MATTERS: None
There being no further business, the meeting adjourned at 10:15 a.m.
LAND USE HEARING
The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were George Hass, County Attorney; Karin Knauf and Claudia DeLude, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; and Jean O'Connor, Recording Clerk.
Commissioner Gibson noted that two items are before the Board, one is on the consent agenda the other is a zoning violation. Ms. DeLude stated that upon inspection this date, the horses have been removed from the parcel and asked that the Murphy Zoning Violation be removed from the agenda. A citizen requested the Vaughn-Cecil Subdivision Preliminary Plat be removed from the agenda.
1. VAUGHN-CECIL SUBDIVISION PRELIMINARY PLAT: N 1/2 OF 24-08-69; LOCATED ON THE SOUTH SIDE OF CR 56, APPROXIMATELY 1/2 MILE EAST OF COLORADO HIGHWAY 1
This is a request for a Preliminary Plat for subdivision of a 9.67 acre parcel into three lots, one with an existing residence on 4.47 acres and two additional 2.6 acre parcels and an Appeal to Section 8.14.2.K Lot depth to width ratio. Staff recommendation is approval with the following conditions 1. The Final Plat of the Vaughn-Cecil Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #01-S1851, unless modified by the conditions of this approval; 2. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 4. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 5. During the Final Plat review process for this development and prior to approval, the applicant shall resolve the technical issues found in the following referral letters a) Larimer County Engineering Department by Roxann Hayes dated August 5, 2002 and May 8, 2002; b) Larimer County Health Department by Doug Ryan dated March 29, 2002; c) Xcel Energy by Len Hilderbrand dated April 9, 2002.
Chair Gibson requested the citizen address the Board with concerns regarding this item and Mr. Barry Feldman expressed concern with the request for an exemption and the potential for precedent setting in the area. Mr. Feldman further expressed concern with additional access onto the County Road and that the lot sizes were not compatible with the surrounding area.
There being no additional public testimony, the hearing was closed.
Mr. Helmick clarified that the appeal is to the design standards and that the proposed lot sizes exceed the required length and that appearance is not affected. Ms. Knauf stated that the original proposal requested two additional accesses onto the county road but that the revised proposal combines the two new parcels to one access.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners reopen public comment.
Motion carried 3 -0.
Mr. Feldman inquired about the access easement on the western most side of the proposal and Ms. Knauf stated that the easement would be widened 10-feet into the applicant's property.
At this time the hearing was closed.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Vaughn-Cecil Subdivision Preliminary Plat as presented and outlined above.
Motion carried 3 - 0.
There being no further business, the hearing adjourned at 3:15 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
MYRNA J RODENBERGER
CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Clerk to the Board