MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 23, 2004

LAND USE HEARING

(#102)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Geniphyr Ponce-Pore, Al Kadera, Matt Lafferty, Sean Wheeler, and Claudia DeLude, Planning Department; Doug Ryan, Health Department; Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean M. O'Connor, Clerk to the Board.

Chair Pro-Tem Gibson stated that item #1 Cattail Pond Legal Lot appeal has been removed from the agenda. The following items, Chair Pro-Tem Gibson continued are consent and would not be discussed unless requested by the Board or members of the audience.

  1. HOLBROOK CONSERVATION DEVELOPMENT PRELIMINARY PLAT: SE 1/4 OF 4-8-69, ADJACENT AND WEST OF BLEVINS STREET/CR 60E, APPROXIMATELY 1800 FEET WEST OF THE INTERSECTION OF NORTH TAFT HILL ROAD AND BLEVINS AVE
  2. This is a request to create a Conservation Development of two residential lots and one residual lot with a building envelope on a total of 45.23 acres zoned RE-Rural Estate. Staff recommendation is approval subject to the following conditions 1. The applicant shall provide a Development Agreement for approval by the County to be recorded with the Final Plat and shall include costs for the improvement of the road per Larimer County Engineering; 2. The applicant shall provide a Disclosure Notice for approval by the County to be recorded with the Final Plat. The Disclosure Notice will provide information to all lot owners of the conditions of approval from the approved Holbrook Conservation Development as well as those conditions that apply to this Conservation Development. It will also include, but is not limited to: information regarding special costs or fees associated with the approval of this project; the issues related to rural development; the need for individual geotechnical investigations for each lot prior to construction; the need for engineered footings and foundations; the need for passive radon mitigation; 3. The following fees shall be collected at building permit issuance for new single family dwellings: Drainage Fees, Poudre R-1 School fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fee (in Lieu of Land Dedication). The fee amount that is current at the time of building permit shall apply; 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. At the time of building permit specific recommendations made by the Colorado Geological Survey in their memo of December 1, 2003, shall be followed or demonstration that they will be followed, including the mitigation of swelling soils; determining the depth to groundwater, and if groundwater is present, mitigation measures for groundwater; positive drainage from the house; engineered footings and foundations; and a geotechnical engineer shall provide recommendations for foundations, floors and pavement' 6. At the time of building permit, the lot owners shall demonstrate that the home shall be sprinklered per the Poudre Fire Authority requirements; 7. The applicant shall provide a Maintenance Agreement which shall be recorded with the final plat and shall require the owners of the proposed lots to pay their fair share for the maintenance of Blevins Street; 8. There shall be no access to Blevins Street for the two proposed lots except that which is allowed by the joint access easement found on the plat.

  3. LOT CONSOLIDATION FOR S. NOKOMIS LAKE BLOCK 13 LOTS 1-4 AND 15-17: SECTION 21, TOWNSHIP 10 NORTH, RANGE 73 IN THE S. NOKOMIS LAKE SUBDIVISION 1/2 MILE NORTH OF PRAIRIE DIVIDE RD. AND 1000 FEET WEST OF NOKOMIS RD
  4. This is a request for lot consolidation to combine Lots 1-4 and 15-17 in Block 13 of the S. Nokomis Lake Subdivision. Staff recommendation is approval subject to the following condition 1. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

    4. AMENDED PLAT AND EASEMENT VACATION OF LOTS 3, 7 & 8 RED FEATHER HIGHLANDS SUBDIVISION: NW 1/4 SECTION 8, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO

    This is a request to amend the plat of Lots 3, 7 and 8 Red Feather Highlands Subdivision to reconfigure the lots and vacate those easements located along the common lot lines. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by February 23, 2005 or this approval shall be null and void; 2. Technical corrections requested by Larimer County Engineering shall be made prior to recordation of the plat.

    5. OWASSA LAKE SUBDIVISION, BLOCK 26 LOT 11 AND LOT 12 CONSOLIDATION: 28-10-73: NORTH SIDE OF SNAKE LAKE DRIVE, OWASSA LAKE SUBDIVISION, RED FEATHER LAKES AREA

    This is a request to combine Lot 11 and Lot 12, Block 26, in the Owassa Lake Subdivision into one single-family residential lot. Staff findings are 1. The proposed Lot Consolidation complies with the Larimer County Land Use Code; 2. The proposed Lot Consolidation is compatible with other development in the surrounding area; 3. Approval of the Lot Consolidation will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The Lot Consolidation will not adversely affect property values in the surrounding area. Staff recommendation is approval subject to the following conditions 1. The Final Lot Consolidation shall be consistent with the information contained in File #04-S2321 or as modified by conditions of approval; 2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

    MOTION

    Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

    Motion carried 2 - 0.

    6. BOOKER/EVERY CREATURE COUNTS ZONING VIOLATION: 1047 SPRING GULCH, LYONS

    This is an alleged violation of Section 4.1.5 of the Land Use Code, which states that "An animal rescue facility is not a permitted use in the open zoning district, without the benefit of county approval". Staff findings include 1. The property is zoned O-Open; 2. An animal rescue facility is not a permitted use in the O-Open zoning district, without County approval; 3. The owners were previously cited in 1998 and failed to permanently correct the violation/stay in compliance with zoning regulations; 4. Although the property owners have kept staff updated and have had many planning process discussions with staff, no County approval has been sought to permit the use; 5. This has become an important issue for the residents of Spring Gulch. The neighborhood has banned together and been in constant contact with staff, sharing their opinions; a). Some neighbors and the Spring Gulch Road Association have contacted staff and strongly oppose the current use b) Some neighbors have contacted staff and stated they support the intentions of the rescue operation, but feel it is located in the wrong neighborhood, c) A few neighbors have contacted staff and stated they support the use and an application for Special Review, should the owners submit; 6. Use of the parcel, in violation of the Land Use Code, will affect surrounding property values; 7. Use of the parcel, in violation of the Land Use Code, has affected the neighbors' ability to enjoy their own properties. Staff recommendation is 1. To find a violation exists; 2. Require compliance within 30 days. Compliance requires that the animal rescue facility cease operations from this parcel, all activities & animals associated with the rescue be relocated to a legal location, and the only animals permitted to remain onsite are the occupants pet animals which can not be adopted through the rescue; 3. Require the property to remain in compliance; 4. Authorize legal action if these conditions are not met.

    Ms. DeLude provided history for this parcel dating back 12+ years and stated the property is currently up for sale and the owners have stated that the remaining 17 dogs and 30 cats are their personal pets. The owners, Ms. DeLude continued have requested additional time for compliance in order to allow the property to sell. Commissioner Bender asked if a specific timeframe had been provided and Ms. DeLude stated that the end of this year was mentioned.

    Chair Pro-Tem Gibson stated that upon review of their website, they are announcing that a new location has been found west of Loveland and asked if that parcel is zoned for the rescue facility. Ms. DeLude replied that the offer fell through last week.

    At this time the hearing was opened for public comment and Ms. Patty Martillaro stated that the facility has had a license for only 3-years and that numerous complaints had been filed and the owners only follow through with lies and deceit. Ms. Martillaro further informed the Board that the facility is against covenants and the Road Association and stated that the operation continually stalls for additional time and requested the Board close it down within 30-days as recommended by staff.

    Mr. Ken Lone expressed concern with the animal regulation, which allows the owners to claim 47 animals as their personal pets. Mr. Lone requested the Board close them down and back it up with enforcement.

    Mr. Allen Simon noted that there are several stray dogs and cats from the facility, which has resulted in a mountain lion taking up residence in his back yard day and night. Mr. Simons stated that the owners continue to solicit funds for a new facility.

    Ms. Michelle Slaughter stated that an offer was made on the lot across the street, however the contract required the Bookers to remove all fencing and they refused.

    Mr. Grant Gillian stated that his last duty as a member of the Road Board was to write a letter to the Bookers stating the facility is not allowed under the Road Association or the covenants. Mr. Gillian further noted that the unlimited pet regulation has not assisted in rectifying the situation and has provided a loophole instead. Mr. Gillian requested the Board shut them down.

    Mr. Richard Jones stated that he listens to the dogs constantly not only in his yard, but as he visits the National Park. Mr. Jones stated that he has no confidence that the Bookers will ever follow through with anything.

    Mr. Bob Johnson stated that the facility is a "cash" business reported to have made $400,000+ last year. Mr. Johnson stated that the Bookers continue to vie for time while continuing to run their business and request the Board find a violation exists.

    Mr. Allen Simons informed the Board that licensing is a voluntary process and thus far the Bookers have refused inspections from the State.

    At this time the hearing was closed to the public and Commissioner Bender stated that there is no evidence the business will cease and believes a violation exists. Chair Pro-Tem Gibson concurred.

    MOTION

    Commissioner Bender moved that the Board of County Commissioners find a violation exists and require compliance within 30 days. Compliance requires that the animal rescue facility cease operations from this parcel, all activities & animals associated with the rescue be relocated to a legal location, and the only animals permitted to remain onsite are the occupants pet animals, which can not be adopted through the rescue. In addition, the property is required to remain in compliance and legal action is also authorized if these conditions are not met.

    Motion carried 2 - 0.

    There being no further business, the hearing adjourned at 3:35 p.m.

    TUESDAY, AUGUST 24, 2004

    ADMINISTRATIVE MATTERS

    (#102 & 103)

    The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Dave Spencer and Michael Millsapps, Facilities Department; Melinda Keen, Donna Hart and Deni La Rue, Commissioners Office; George Hass and Jeannine Haag, County Attorney's Office; Russ Legg, Planning Department; Candace Phippen, Building Department; and Jean M. O'Connor, Clerk to the Board.

    1. PUBLIC COMMENT: Ms. Gina Janett addressed the Board regarding the resolution pertaining to increasing the Board of County Commissioners to five. Ms. Janett requested the Board either modify the resolution language regarding how the Board is elected or drop the resolution all together.

    Ms. Karen Wagner stated that the Board voted in 2002 to refer the issue to the ballot and then 3-weeks later changed their mind and minutes. Ms. Wagner stated that there is no support amongst the Board's constituent to present the resolution and language as proposed.

    There being no further public comment, the Board recessed at 9:15 a.m.

    The Board reconvened at 9:30 a.m.; Chair Rennels presided.

    2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 9, 2004:

    MOTION

    Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 9, 2004 as presented.

    Motion carried 3 - 0.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 16, 2004 as presented.

    Motion carried 2 - 0. Commissioner Bender abstained.

    3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 31, 2004: Ms. Hart reviewed the schedule with the Board.

  5. CONSENT AGENDA:

MOTION

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

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Schultz Family Associates, LLC; RHLKTL, LLC; RHJBL, LLC; McDonalds Restaurants of CO, Inc; Stanger Family, LLC; Dierenfield Fort Collins; Horsetooth Investors, LLLP; Hill; and Linda Investments, LLC.

08242004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GIRL SCOUTS MILE HI COUNCIL FOR MAGIC SKY RANCH

08242004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN H HANNA FOR ROAD IMPROVEMENTS ON COUNTY ROAD 17

08242004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROWAN EMRYS FOR ROAD IMPROVEMENTS ON COUNTY ROAD 17

08242004A004 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARIAN E AND CHUCK TESITOR AND NO-TE-MAH RIDGE CONSERVATION DEVELOPMENT HOMEOWNERS' ASSOCIATION FOR NO-TE-MAH RIDGE CONSERVATION DEVELOPMENT

08242004A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JANIS E LISTOWSKI FOR WELL CONSTRUCTION

08242004A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EDWARD A. FLETCHER FOR WELL CONSTRUCTION

08242004A007 ASSIGNMENT OF ALLOCATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO HOUSING AND FINANCE AUTHORITY

08242004D001 DEED OF DEDICATION OF PROPERTY BY ROWAN EMRYS FOR USE AS A PUBLIC HIGHWAY

08242004D002 DEED OF DEDICATION OF PROPERTY BY JOHN H. HANNA FOR USE AS A PUBLIC HIGHWAY

08242004R001 RESOLUTION AUTHORIZING THE SOLICITATION AND RECEIPT BY THE COUNTY OF BIDS FOR THE INVESTMENT OF CERTAIN AMOUNTS ON DEPOSIT IN THE COUNTY'S BOND DEBT SERVICE ACCOUNT PURSUANT TO A DEBT SERVICE FOR FORWARD DELIVERY AGREEMENT AND THE NEGOTIATION OF SUCH AGREEMENT WITH THE WINNING BIDDER; AUTHORIZING OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF

08242004R002 FINDINGS AND RESOLUTION APPROVING THE LEE MINOR LAND DIVISION

08242004R003 FINDINGS AND RESOLUTION APPROVING THE RISTVUE I AMENDED RURAL LAND PLAN

08242004R004 RESOLUTION FOR ESTES VALLEY PUBLIC LIBRARY MILL LEVY INCREASE BALLOT QUESTION

05242004R005 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR NO-TE-MAH RIDGE CONSERVATION DEVELOPMENT

08242004R006 RESOLUTION CALLING AN ELECTION IN LARIMER COUNTY REGARDING THE ORGANIZATION OF THE LARIMER COUNTY SHIREBROOK PUBLIC IMPROVEMENT DISTRICT NUMBER 27 AND PROVIDING OTHER DETAILS RELATING THERETO

08242004R007 RESOLUTION CALLING AN ELECTION IN LARIMER COUNTY REGARDING THE ORGANIZATION OF THE LARIMER COUNTY VINE DRIVE PUBLIC IMPROVEMENT DISTRICT NUMBER 29 AND PROVIDING OTHER DETAILS RELATING THERETO

08242004R008 RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF LARIMER COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT

08242004R009 FINDINGS AND RESOLUTION APPROVING THE PTARMIGAN LIFT STATION MINOR LAND DIVISION

MISCELLANEOUS: Application for LEAF Project 2005 for DUI enforcement; Workforce Investment Act Financial close-out; Statement of Grant Award, Juvenile Accountability Incentive Block Grant Plan- Fiscal year 2003; No-Te-Mah Ridge Conservation Development Final Plat; Amended Plat of Lot 1B Cotton Willow Estates Sixth filing; Amended Plat of Lot 7 Lin Mar Acres and Lots 14, 17 and 18 Lin Mar Acres Second filing.

LIQUOR LICENSES: The following licenses were both approved and issued Branding Iron Liquor- Retail- LaPorte, CO and Schrader Country Store #440- 3.2%- Fort Collins, CO. Clerk's Note: The renewal for Branding Iron Liquor was incorrectly presented, which will result in the correct approval August 31, 2004.

Motion carried 3 -0.

6. CONSIDERATION OF RESOLUTION TO INCREASE THE NUMBER OF COUNTY COMMISSIONERS FROM THREE TO FIVE: Mr. Lancaster provided the Board with a proposed resolution for the November ballot to increase the number of elected County Commissioners. Mr. Lancaster further noted that in order to fund the additional commissioners, a property tax increase of .082 mills is also proposed. Commissioner Bender stated that the two proposed options regarding how the commissioners would be elected is appropriate and the voters should decide which is best. Chair Rennels stated that a third option should be provided, which would have three commissioners elected by district and two at large.

Ms. Janett stated that the citizens should have the option to elect five commissioners in five districts.

Ms. Wagner noted her pleasure with the third option proposed by Chair Rennels and appreciated her leadership in that consideration.

Chair Rennels asked if a new resolution could be prepared and brought to the Board next week and Mr. Hass stated that the deadline is fast approaching to place something on the ballot in November and does not recommend waiting to the last minute. Mr. Lancaster stated that a new resolution could be prepared in a matter of minutes if the Board wanted to continue the agenda and come back to this item.

7. RECOGNITION OF MICHAEL MILLSAPPS: Chair Rennels congratulated Mr. Millsapps on his recent certification of Facilities Management on behalf of the Board. Mr. Spencer informed the Board that only approximately 3000 people worldwide hold this certification and it is quite an achievement by Mr. Millsapps and Larimer County is fortunate to have two certified facility managers. Mr. Millsapps briefed the Board on his employment background. Chair Rennels congratulated Mr. Millsapps and noted how proud the County is of his achievement.

Continuation of discussion regarding Five Commissioners: Commissioner Gibson asked why a new option was sprung at this meeting at the last minute. If Commissioner Rennels was considering this option all along, then she should have made it know before this meeting. Chair Rennels stated that it is not a new option, it has been discussed and considered for two years and is an option requested by the citizens. Commissioner Gibson stated that it is possible, with the third option that Fort Collins could end up with four commissioners and only one would represent Loveland. Commissioner Gibson stated that the third option needs time for public comment and reiterated that he does not approve of the last minute change. Commissioner Bender stated that the third option is nothing new and has been talked about for a long time. Chair Rennels asked if the Board could consider the resolution next week and Mr. Hass replied in the affirmative.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve and adopt the revised resolution increasing the number of County Commissioners to five.

Commissioner Gibson stated that he would not support the motion with the third option included due to insufficient public comment and noted that three commissioners is sufficient.

Motion carried 2 - 1, with Commissioner Gibson dissenting.

08242004R010 RESOLUTION INCREASING THE NUMBER OF COUNTY COMMISSIONERS TO FIVE

8. APPROVE TRANSFER OF OPERATING FUNDS WITHIN THE FACILITIES DEPARTMENT FOR THREE ADDITIONAL FULL TIME EMPLOYEES: Mr. Spencer stated that there is no budgetary impacts to his request to transfer funds from purchased services to personal services and increase three full time employees in the maintenance division of Facilities. Mr. Spencer stated that some specialized services have been outsourced to private vendors in the past, however with the number of new buildings, it is more cost effective and efficient to have in-house staff provide these services. The Board had no concerns with this request.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the transfer of operating funds to personnel funds within the Facilities budget and authorize the addition of three full time employees in the maintenance division of the facilities department.

Motion carried 3 - 0.

9. APPOINTMENTS TO THE COMMUNITY CORRECTIONS ADVISORY BOARD: Ms. Keen requested the Board approve the following appointments and reappointments to the Community Corrections Advisory Board and noted all terms are for two years and all expire on June 30, 2006 (*indicates a waiver of term limits): *Phillip Bolduc, *Sallie George, M. Janet Laughon, *Leonard Medoff, *Frank Russell and James Wacker commencing July 1, 2004. Keith Brown and William Sublette commencing August 24, 2004. Chair Rennels clarified that this is a statutory board and members must have specific backgrounds, which makes vacancies difficult to fill.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the appointments to the Community Corrections Advisory Board as presented and outlined above.

Motion carried 3 - 0.

10. SEMI ANNUAL CREDIT CARD REPORT: Mr. Lancaster stated that in accordance with County Policy, he has prepared a report for the Boards' review regarding credit card use. Review of the report, Mr. Lancaster continued does not indicate any misuse and provided the Board with copies for their review.

11. WORK SESSION: Mr. Lancaster requested direction regarding the time set-aside for public comment on Tuesday mornings. Should the topics of discussion, Mr. Lancaster continued be limited to topics that are not listed for discussion on the Administrative Matters agenda. Chair Rennels stated either way is acceptable. Mr. Lancaster stated that he would clarify that public comment is for topics not on the agenda.

Mr. Lancaster stated that the Northern Colorado Economic Development Corp (NCEDC) would like to hold their convention at the Ranch again this year and asked if the Board was interested in facility sponsorship again this year with $2,000 from the Special Projects Fund.

MOTION

Commissioner Gibson moved that the Board of County Commissioners allocate $2,000 from the Special Projects Fund for facility sponsorship at the Ranch for NCEDC.

Motion carried 3 - 0.

Mr. Lancaster requested discussion regarding a policy to restrict use of budgeted funds for budget issues and asked if staff should continue pursuing a policy or cease? Commissioner Gibson questioned whether the Board should balance lobby efforts to be equal between elected officials with use of County funds noting that some officials have more funds available than others. Commissioner Bender stated that elected officials answer to the citizens and he is not interested in getting involved in campaign reform.

Commissioner Gibson stated that officials could lobby all they want but not with County resources. Commissioner Bender stated that he does not want to micro-manage other officials and chooses to leave that to the voters.

Chair Rennels stated that if funds are used inappropriately by department which fall under the jurisdiction of the Board, then the Board and/or County Manager would address the issue. Chair Rennels further noted that the Board can't manage good behavior and it is up to officials to responsibly utilize allocated budgets. Chair Rennels reiterated that the Board could not tell another elected official how/what to spend their allocation of budget funds and that they will also be required to answer to the voters at election time.

Much discussion ensued and Chair Rennels clearly stated that the Board was elected to watch and run County departments and not other elected officials. Mr. Lancaster clarified that staff is not to pursue the issue any further, the Board concurred.

12. COMMISSIONER REPORTS: The Board noted their attendance at events the past week.

  1. LEGAL MATTERS:

EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:25 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:40 a.m. and the following action was taken:

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the County Attorney to defend Claudia DeLude in claims made against her by Keith Gilmartin and to further pay any settlements or judgements that may be entered in the case.

Motion carried 3 - 0.

Mr. Legg stated that that several years ago a building permit hold was placed on Lots 68-71, Block 1, Stagecoach subdivision because these lots were needed for stormwater detention. The current owner has now agreed to install drainage facilities such that these lots will no longer be needed for detention. The County Planning and Engineering

Departments believe that in light of this agreement the building permit holds on Lots 70 and 71 can now be released. Building permit holds on Lots 68 and 69 will remain in place until the drainage facilities are completed and approved by the County. Ms. Haag stated that the County Attorney's office has submitted a Notice to the owner for signature, which memorializes this agreement and the building permit hold for Lots 68 and 69. This Notice will be presented to the BCC for signature and then recorded in the records of the Clerk and Recorder. The BCC expressed its approval to proceed in this manner.

Ms. Phippen requested approval to proceed with a lawsuit regarding a permit issued to Colorado Iron and Metal for a storage building. The permit, Ms. Phippen continued was issued with conditions, which have not been met. The State Electrical Board called this week and noted that on August 4th, 2004 the establishment failed an inspection and expressed safety concerns. No follow-up electrical inspection has been requested and both the Fire Department and the County have posted the building for non-use/occupy, however it is still being used and occupied.

MOTION

Commissioner Bender moved that the Board of County Commissioners authorize legal action against GTE Enterprises and Colorado Iron and Metal to enforce the Building Code.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 10:45 a.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board