MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, January 5, 2004

LAND USE HEARING

(#1)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioner Gibson was present. Also present were David Karan, Claudia DeLude, and Matt Lafferty, Al Kadera, Planning Department; Candace Phippen, Building Code Enforcement; Jeannine Haag, Assistant County Attorney; Dawn Stroh, Clerks' Office; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; and Jean M. O'Connor, Clerk to the Board.

Chair Bender stated the following item is consent and would not be discussed unless requested by the Board or members of the audience.

  1. AMENDED PLAT OF HIAWATHA HEIGHTS. BLOCK 28, LOTS 1 & 8 AND BLOCK 34, LOT 1: NW 1/4 OF THE SW 1/4 OF SECTION 28, T10N, R73W LOCATED ABOUT 2 MILES EAST OF RED FEATHER LAKES
  2. This is a request to combine three lots into one lot. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The applicant must make the following changes to the plat a) All corrections requested by the County's Engineering Department in the Land Surveyor's 12/8/03 letter; b) Add "File # 03-S2221" to the title on the plat; c) Indicate "Main Street" at the approximate location of the access road (see Katherine Huber's 11/21/03 e-mail comments); d) Clearly label the existing lot lines which will be vacated; 2. Provide documentation to verify that the contiguous lot lines for parcels # 30282-13-004, 20382-14-009, 20382-15-005 and 30282-00-973 coincide with the portions of those boundary lines shown on the Amended Plat of Hiawatha Heights Block 28, Lots 1 & 8 and Block 34, Lot 1; 3. The applicant shall submit a vicinity map which clearly indicates and differentiates the location of the subject lot and the Red Feather Lakes community center; 4. The applicant will either: a) verify via utility locates that there are no above- or below-ground Poudre Valley Rural Electric Association facilities on the subject property (see PVREA's 10/20/03 comments on the Utilities Checksheet) or, b) plat an easement allowing at least 10 feet on each side of any such facility(s).

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented.

    Motion carried 2 - 0.

    3. YOUNG'S LIQUOR APPEAL: SW 1/4 OF 07-07-68; LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 14 (MULBERRY STREET) AND LINK LANE

    Mr. Helmick stated that the applicant has requested that this item be tabled to January 20, 2004 at 3:00 p.m.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners table the Young's Liquor Appeal to January 20, 2004 at 3:00 p.m.

    Motion carried 2 - 0.

  3. BONSER ZONING VIOLATION: 1208 POPLAR STREET, KELIM

This is an alleged violation of the Land Use Code Section 4.1.17: Only one dwelling is permitted per parcel. Staff findings are 1. The property is zoned B-Business; 2. The Board of Adjustment has the authority to permit two dwellings on a parcel through the Special Exception application or the expansion of a non-conforming building through an appeal. The property owner must petition the Board of Adjustment for the appropriate approval before a building permit can be issued; 3. An engineer's evaluation report for this second residential structure must be submitted with the plans for the building permit, if the permit is issued for the second dwelling; 4. In order to obtain inspection approvals under the building permit for the second dwelling, the property owner will need to obtain certified letters from a licensed plumber and heat & vent contractor for all work completed certifying they have inspected the work and the completed construction meets minimum code requirements; 5. An electrical permit is required from Colorado State Electrical Board; 6. A septic permit from Larimer County Health Department is required for this second residence. Staff recommendation is to find that a violation exists and require compliance within 90 days. Compliance would require that the property owner applies to the Board of Adjustment for the appropriate approval for a second dwelling on this site; OR The property owner obtains a building permit for the work that has been done on the subject building as a storage building, and does not occupy the structure. And authorize legal action if the deadline is not met.

Ms. DeLude briefed the Board on the violation and provided ariels taken in 2000 and 2002. Ms. Marta Bonser stated that when she bought the parcel there were multiple structures and three homes. Ms. Bonser stated that she requested the fire department come and burn down several of the units and that she has pictures showing the number of structures. Ms. Bonser further noted that she has received nothing from staff except the run around. Twice, Ms. Bonser continued, a meeting was scheduled with staff and she brought her attorney, only to have staff not show up.

Ms. DeLude clarified that the number of homes on the parcel is not being considered at this time and that only the improvements to the one structure are at issue. Ms. DeLude stated that staff recommends that either an application be submitted for the Board of Adjustment hearing or submit for a building permit for the improvement work on the subject building.

Commissioner Gibson asked which option Ms. Bonser preferred, and Ms. Bonser stated she would submit an application for the Board of Adjustment.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists and require compliance within 90 days. Compliance would require that the property owner apply to the Board of Adjustment for the appropriate approval for a second dwelling on this site.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:25 p.m.

TUESDAY, JANUARY 6, 2004

ADMINISTRATIVE MATTERS

(#1)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Donna Hart, Neil Gluckman and Deni La Rue, Commissioners' Office; Ralph Jacobs and Pam Stultz, Human Resources; Dawn Stroh, Clerks' Office; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Michael Daskam addressed the Board regarding a parcel, which was illegally divided and not disclosed to him. The Board requested Mr. Daskam work with Naomi O'Connor and Al Kadera in the Planning Department and that the Board would assist in expiditing the application when possible.

2. BOARD REORGANIZATION FOR 2004: Mr. Lancaster stated that the first action for the Board is the appointment of a new Chair.

MOTION

Commissioner Gibson nominated Commissioner Rennels for Chair during 2004 and authorize her to buy and sell real estate.

Motion carried 3 - 0.

The next action required is the appointment of a Chair Pro-Tem.

MOTION

Commissioner Bender nominated Commissioner Gibson as Chair Pro-Tem and authorize him to buy and sell real estate in the absence of the Chair.

Motion carried 3 - 0.

The next action required is to designate the official posting location of the Board's weekly schedule.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution designating the doors on the south side of the Larimer County Courthouse Office Building, adjacent to Oak Street, as the public place for posting notices of meetings of the Board of County Commissioners.

Motion carried 3 - 0.

01062004R002 RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

And lastly, Mr. Lancaster requested approval of the Commissioners' Policy P#2H: Board of County Commissioners Division of Responsibilities. Some discussion ensued resulting in some changes to the Board liaison and/or staff liaison.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Commissioners Policy P#2H as modified during discussion and authorize the Chair to sign upon receipt.

Motion carried 3 - 0.

MISCELLANEOUS: Board of County Commissioners Division of Responsibilities for 2004

3. APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 29, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of December 29, 2003 as presented.

Motion carried 3 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 12, 2004: Ms. Hart reviewed the schedule with the Board.

  1. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

01062004A001 AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GLOBAL SPECTRUM, L.P.

01062003D001 DEED OF DEDICATION BY THOMAS S. McCHESNEY REVOCABLE TRUST FOR THE USE AND BENEFIT OF SAID PROPERTY AS A PUBLIC HIGHWAY

01062004R001 RESOLUTION FOR ROAD MAINTENANCE COVENANT BY JAMES WARSON FOR THE WARSON MLD

MISCELLANEOUS: VISTA Americorp Application

LIQUOR LICENSES: The following licenses were both approved and issued: Sundance Steakhouse and Saloon- H & R- Fort Collins, CO; Windjammer Roadhouse and Grill- Tavern- Loveland, CO; City Limits Lounge- Temporary- Fort Collins, CO; and Archer's Poudre River Resort- 3.2%- Bellvue, CO.

6. REVISION TO THE BENEFITS POLICY AND PROCEDURES: Ms. Stultz noted that the proposed changes to this subsection of the Larimer County Personnel Policy Manual are minor and/or adjustments for consistency. Commissioner Gibson questioned the inclusion of the Sheriff's Deputies Enhanced Deferred Compensation Program in the policy since the Sheriff has not signed off on County policies. Mr. Jacobs explained that the statement clearly recognized Sheriff Deputies only and if someone were to search the Internet, they would find this benefit for deputies. If it were not within the County policy, employment seekers may not know of the benefit.

Chair Rennels questioned the Jury Duty payment being reimbursed to the County and noted that if an employee receives documentation from the IRS for tax purposes, there seems to be a conflict. Chair Rennels requested this portion be removed for further consideration.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the revisions to the Benefits Policy and Procedures as presented and with the exception of the Jury Duty Payment portion.

Motion carried 3 - 0. (No Policy presented at this time)

7. WORK SESSION: Mr. Lancaster stated that in the past the Board has met with the County Budget Manager on a monthly basis. However, due to continuing prioritization needs, monthly meetings would be scheduled.

Mr. Lancaster requested direction regarding the Urban Renewal Authority Project for Centerra in east Loveland and noted that City Council would be voting on the issue next week. Commissioners Gibson and Bender support the project and proposed improvements. Chair Rennels further noted that the County is a partner in the area due to The Ranch.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a letter of support to the City of Loveland for the Urban Renewal Project and authorize the Chair to sign upon receipt.

Motion carried 3 - 0.

8. COMMISSIONER REPORTS: The Board noted their attendance at events last week. Commissioner Bender stated that he is in receipt of a letter from Ellen Hodges regarding the thinning of Canyon Lake area in Red Feather Lakes. Commissioner Bender requested a letter of support for the Canyon Lake District Project. The Board had no objections.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a letter of support to Ellen Hodges for the Canyon Lake District Project.

Motion carried 3 - 0.

Chair Rennels noted that the Board would be allowing time for citizen comments regarding the 2005 budget at Land Use Hearings and suggested that comment forms be provided and kept in a "Listening Log" for future record.

9. OTHER BUSINESS: Mr. Lancaster stated that as a matter of first order of business in the Treasury, some documents need to be approved. The first is a resolution regarding deposit of 2004 funds by the County Treasurer.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution regarding deposit of 2004 funds by the County Treasurer.

Motion carried 3 - 0.

01062004R003 RESOLUTION REGARDING DEPOSIT OF 2004 FUNDS BY THE COUNTY TREASURER

The second item, Mr. Lancaster continued, is a resolution canceling taxes determined to be un-collectible.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution canceling taxes determined to be un-collectible.

Motion carried 3 - 0.

010621004R004 RESOLUTION CANCELING TAXES DETERMINED TO BE UN-COLLECTIBLE

There being no further business, the meeting adjourned at 10:25 a.m.

________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board