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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MAY 2, 2005

LAND USE HEARING

(#40)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Al Kadera, Geniphyr Ponce-Pore, Matt Lafferty, Claudia Delude, and David Karan, Planning Department;  Doug Ryan, Environmental Health Department; Christy Coleman, and  Ed Woodward, Engineering Department; Candice Phippen, Building Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.  Mr. Helmick requested that Item #5 be tabled to May 23, 2005, at 3:00 p.m.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners table Item #5, regarding the Manzanares Extended Family Dwelling; 05-SP0153, to May 23, 2005, at 3:00 p.m.

 

Motion carried 3-0.

 

Mr. Helmick requested that Item #7, regarding the Kroecker Appeal; 05-G0072, be withdrawn completely.  Mr. Lafferty then noted that he needed to add another condition to Item #2, the Chilson Amended Rezoning; 05-Z1535.  Mr. Lafferty explained that the area ditch company wanted to be sure that they have access to the ditch; therefore, verbiage outlining this condition will be added to the consent item listed below.

 

Chair Rennels then explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  FREDMAN FLOOD PLAIN SPECIAL REVIEW (FPSR):  This is a request to approve the FPSR based on the Flood Review Board’s recommendation of approval with one condition. The current owner would like to add on to the property an additional use of a pet care facility and an animal rehabilitation building in the floodplain of the Poudre River.  The Land Use Code requires that the proposal receive a recommendation from the Flood Review Board, with final approval from the Board of County Commissioners through a Flood Plain Special Review.  The Flood Review Board met on Thursday, March 24, 2005 and reviewed the floodplain information provide by Anderson Consulting Engineers and County Staff.  The Board reviewed all of the information presented and voted for a favorable recommendation to approve the FPSR with one condition.  Staff findings are that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met.  Staff recommendation is for approval of the FPSR for the proposed add-on use of a pet rehabilitation facility and a proposed rehabilitation building, with a condition that no pets will be allowed to stay over night in the rehabilitation building.

 

2.   CHILSON AMENDED REZONING; 05-Z1535:  This is a request to amend the conditional use of a property zoned Commercial.  On March 16, 2005, the Development Services Team presented the Chilson Rezoning request to the planning Commission as a consent agenda item.  Having nobody (Planning Commission or Public) request a full presentation and hearing regarding the Chilson Rezoning, the Planning Commission moved and unanimously approved the request as recommended by the Development Services Team.  The Development Services Team recommends that the Board of County Commissioners approve the Chilson Rezoning (05-Z1535) as recommended by the Planning Commission, and with the following condition:  1. Prior to recordation of the Findings and Resolution, the applicant shall provide an access and maintenance easement as per Section 8.12 of the Larimer County Land Use Code.  

 

3.  SANCTUARY PLANNED DEVELOPMENT AND PLANNED LAND DIVISION; 02-S1993:  There are two requests in conjunction with this application:  1.) To rezone the subject property from FA-1 (Farming) to PD (Planned Development); and 2.) Preliminary Plat for a the Sanctuary Planned Land Division (PLD) to create 20 single family residential lots on the 16.18 acre property situated along the southern boundary of the Fossil Lake PUD. On February 16, 2005, the Development Services Team presented the Rezoning and Preliminary Plat for the Sanctuary Planned Development and Planned Land Division to the Planning Commission as a consent agenda item.  No public testimony regarding the Sanctuary Development was offered; therefore, the Planning Commission made a recommendation to approve this 20 lot Development as recommended by the Development Services Team. The Development Services Team recommends that the Board of County Commissioners approve the Rezoning and Preliminary Plat for the Sanctuary Planned Development and Planned Land Division (02-S1993), as recommended by the Larimer County Planning Commission:  1.  The rezoning shall be effective upon the recordation of the final plat of Sanctuary Planned Land Division.  2. The zoning designation for the Sanctuary PD and PLD shall be PD (Planned Development), which zoning classification will be subject to the development standards and requirements of Subsection I.E. (Mixed Use Neighborhood Area Regulations) of the Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area for in the Supplemental Regulations to the Larimer County Land Use Code Section 8.9.2.A.1, or as amended.

The Planning Commission recommend to the Board of County Commissioners that the Sanctuary Planned Land Division/Planned Development, file #02-S1993, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions: 1.  The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Sanctuary Planned Land Division (File #02-S1993), 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 Sanctuary Planned Land Division.  2.  The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community and Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply.  3.  Per the recommendation of the Colorado Geological Service regarding subsurface construction (basements) shall include perimeter drains as part of the foundation construction.  4.  Per the recommendation of the Colorado Geological Service regarding foundation construction shall include over excavation and engineered footing and foundations as provided in the Geotechnical evaluation provided by the applicant.  5.  Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. 6.  The applicant shall be responsible for the all improvements and requirements as outlined in the submittal materials, including those found in the referral comments from Traci Downs of the Larimer County Engineering Department, dated January 6, 2005.  7.  As part of the Final Plat application, the applicant shall provide a plan for mitigation, which will include landscaping and fencing requirements, as the result of encroachments into the Resource Management Area.

4.  AUBURN ESTATES CONSERVATION DEVELOPMENT PRELIMINARY PLAT; 03-S2143:  This is a request for a Preliminary Plat for a proposed Conservation Development to divide 78.45 acres into 26 lots and five residual lots.  The site is located on the west side of County Road 3 one-and-one-half miles east of Interstate 25 between State Highway 14 (Mulberry Road) and County Road 48 (Vine Drive).   One single-family home now exists on one of the parcels.  However, the landowner (Mr. Greenwald) does not want to develop the property himself.  The landowner has chosen to split off 6 acres, which would contain the existing house so another party can develop the balance of the property (see Larimer County Land Use Code Section 5.3.6.A.1).  As a result, the Greenwald Minor Land Division process (MLD) is being run concurrently.  The Development Services Team supports this request because the 80:20 standard would still be met if the Greenwald MLD Lot 1 was included in the Auburn Estates CD.  All further discussion does not include the 6-acre Greenwald MLD Lot 1.    64.36 acres will be sold to the County Road 3 LLC and developed as the Auburn Estates Conservation Development (CD).   Twenty six (26) new single-family residential lots ranging from .43 - .51 acres are proposed.  The residual land design would result in five residual lots reserved for agriculture; detention ponds, entrance signage, landscaping, a created wetland and wildlife habitat (see Residual Land and Developed Area Cluster Design below).  The lots will be served by public sewer and public water.   

The Planning Commission considered this proposal on February 16, 2005 with a Staff Recommendation of approval.  The item was removed from the consent agenda to discuss the paving of County Road 3.  The applicant noted that County Road 3 would be paved from the northern end of the satisfactory paving (somewhere in the vicinity of Ridgeview) north to the northeast corner of the project.  The Planning Commission unanimously recommended approval with the conditions recommended by Staff.  This proposal creates residual land dedicated to enhancing an existing wildlife corridor by creating a wetland and other links along existing migratory routes.  In additional, Residual Land would retain significant agricultural production potential.  The proposal thereby meets two primary goals of Conservation Developments, i.e., the preservation of agriculture and environmental characteristics.  By doing so, the proposal will maintain the open character of rural areas. For the above reasons, the Development Services Team supports this submittal proceeding to the Final Plat stage.  The Planning Commission and the Development Services Team recommend that the Board of County Commissioners approve the Auburn Estates CD (file # 03-S2143) with the following conditions:

1.   The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Auburn Estates CD (File #03-S2143).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Auburn Estates Conservation Development.

2.   Engineered foundations are required for new habitable construction on this site as recommended by the Colorado Geologic Survey.

3.   Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots.  The results of a radon detection test once the structure is enclosed but prior to issuance of a Certificate of Occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from 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.

4.   The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEFs), Larimer County Regional Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement.  The County Engineer’s office also requires a Developmental Construction Permit, prior to commencing development construction.

5.   The applicant shall execute a Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice shall 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 not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, 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.

6.   Paving will be required on CR 3 from Ridgewood Meadows (or further south, depending on the surface determination) to the north, to and through the subject property, which shall include the emergency access location.

7.   Water Balance Calculation for the Developed and Wildlife Habitat Areas or a complete and sufficient analysis of groundwater available for sustaining the created wetland shall be stamped by a certified professional engineer.  This documentation must be with the Final Plat submittal if not sooner. 

8.   The Developer shall make any changes to striping on SH 14 which the Colorado Department of Transportation recommends.  The applicant will submit a letter from CDOT detailing their striping requirements as part of the Final Plat application.

 

M O T I O N

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

Motion carried 3-0.

6.  KLOBERDANZ BUILDING CODE VIOLATION; 04-BV0153:  The property owner is in violation of the following section of the International Existing Building Code (IEBC), Section 105.1:  Any owner or authorized agent who intends to add to a building shall first make application to the code official and obtain the required permit.  The owner commenced construction of a second-story addition to the existing residence on the property without first obtaining a building permit.   A complaint was received by Building Code Enforcement staff in April 2004 that construction was being conducted at the subject address without a building permit.  On April 29, 2004, a Notice of Building Code Violation was posted on the front door of the residence notifying the property owners that work must cease on the project until a valid permit was obtained.  Despite additional correspondence and telephone calls, the owners have not obtained a building permit to date.  Staff recommendation is to require compliance with the Larimer County Building Code within 60 days, and authorize legal action if the deadline is not met.  The following items must be completed in order to reach compliance with the Larimer County Building Code:  obtain a valid building permit for the second-story addition together with all required inspection approvals.

Ms. Phippen displayed an aerial map and photos of the property, noting that the property owner was in attendance.  Ms. Phippen stated that the purpose of today's meeting was to set a timeline for completion of the project, and suggested the time frame be set at 60 days.   Chair Rennels asked the owner, Cheri Jo Kloberdanz, if she was in agreement with the 60 day time frame.  Ms. Kloberdanz stated that yes, she was in agreement with the 60 day requirement.  Commissioner Gibson noted that there are already walls in place and questioned how the electrical would be inspected.  Ms. Phippen stated that Ms. Kloberdanz could hire a master electrician to verify the work that has already taken place.  Chair Rennels noted for the record that there was no public present to comment on this item. 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners require owner compliance with the Larimer County Building Code within 60 days from the date of this hearing by obtaining a building permit for the second-story addition to the existing residence on the property together with all required inspection approvals for the addition.  Work cannot continue until the final fees are paid and the space cannot be occupied until a certificate of occupancy is issued.  Legal action is authorized if the deadline is not met.

Motion carried 3-0.

 

8.  HARVEY ZONING VIOLATION; 03-ZV0173:   This is an alleged violation of Section 4.1.5     outside storage (of unlicensed/inoperable vehicles) is not a permitted use in the o-open zoning district.   In June of 2003 a complaint was received regarding several properties in the area of CR 72 and County Road 19. An inspection and photos provided by the complainant showed that there were approximately 13 vehicles on site. Although the house is set back on the property and off the road, the vehicles are still visible from the public road.   Mr. Harvey was notified on July 15, 2003 via a 15 date letter of the potential zoning violation. Staff’s concern was with regards to unlicensed/inoperable vehicles which was creating a junkyard appearance. Upon receipt of the 15 day letter, Mr. Harvey contacted staff. He was not pleased at all and stated he would be contacting his attorney. He felt that it was a private matter on private property, and not the County’s concern.   No contact was made from an attorney or from Mr. Harvey, and in October of 2003, a 30 day letter was mailed. Again, Mr. Harvey phoned staff and stated he would be contacting his attorney.   In January a second 30 day letter was mailed. Mr. Harvey came in to the office at that time. He was advised that if the vehicles were legal (licensed and operable) that they would be permitted to remain onsite. Proof of registration was requested, but never received on any vehicles.  After some discussion with staff, Mr. Harvey indicated he was interested in applying for a Special Exception to have a detached structure for the use of hobby auto repair/restoration. His intention was to obtain County approval which would permit the junkyard/auto repair use. He stated it would be for personal use only, and not commercial.  Certainly, citizens are permitted to make their own auto repairs and do regular maintenance, but this work must be completed in a timely manner which can be considered accessory to a single family dwelling. Mr. Harvey seemed to want more than what was permitted per the Land Use Code.   A pre application conference, for a Special Exception, was held in February, 2004. By April, no application for a Special Exception had been submitted, nor had the vehicles been removed from the parcel.   No further contact has been made with the owner. A notice of hearing before the Board of County Commissioners was mailed both regular mail and certified mail. The certified letter was signed for on April 24, 2004, with a hearing held on July 19, 2004. Mr. Harvey attended the hearing and staff (Claudia DeLude) agreed to table the matter to September 27, 2004.  Mr. Harvey appeared at the September hearing and staff (Al Kadera) agreed to table the matter until November 8, 2004.  Due to staff taking a leave of absence, the matter was later withdrawn from the November agenda. No contact has been made by the property owner in recent months.  Currently there are approximately 13 vehicles onsite.  Staff is unsure as to the owner’s intentions (whether he intends to keep the vehicles by making them licensed/operable or to remove them).

 

Staff findings are as follows: 

1)   The property is zoned O-Open.

2)   The O-Open zoning district does not permit outdoor storage of junk (unlicensed/inoperable vehicles).

3)   The O-Open zoning district does not permit a junkyard, by definition in the Land Use Code.

4)   The property has not been brought into compliance.

5)   The property owner has not made arrangements with staff to bring the property into compliance. 

6)   Any vehicles, licensed to the owner at that address and operable, would be permitted to remain onsite.

7)   Continued use of the property, in violation of the land Use Code, will affect property values in the neighborhood.

8)   The continued use of the property for outdoor storage of unlicensed/inoperable vehicles has created an eyesore for neighbors, as complaints continue to be received.

 

The Development Services Team recommendation is as follows: 

1.   You find a violation exists,

2.   Require compliance within 30 days. Compliance requires that all vehicles onsite are licensed & operable, or removed from the parcel.

3.   Authorize legal action if the deadline is not met.

 

Ms. Delude stated that there are still 11 vehicles on the site, and she requested direction from the Board on how to proceed with this matter.   Mr. Kadera stated that he had a conversation with Mr. Harvey earlier today who regrets that he could not be present for today's hearing; however, Mr. Harvey explained that 6 of the vehicles belong to his brother who currently lives out of state. According to Mr. Harvey, his brother will be coming back next month to remove the vehicles from the site.  Of the remaining vehicles, Mr. Kadera noted that Mr. Harvey states three of them are collector vehicles with collector plates; however, staff has not verified that they are indeed registered.  Finally, Mr. Kadera stated that the clean up is a slow process and he is not sure that 30 days will be sufficient time to bring the property into compliance, and recommended between 90 - 120 days.  Commissioner Wagner asked if Mr. Harvey will have to keep the vehicles inside.  Mr. Kadera noted that the law allows individuals to own as many collector vehicles as they wish, and they do not necessarily need to be kept inside, but they must be screened in some manner.  Chair Rennels noted for the record that there was no public present to comment on this item. 

M O T I O N

Commissioner Gibson moved that we find that a violation does exist and compliance is required within 120-days.  Compliance would require that all vehicles onsite are licensed & operable, or removed from the parcel.  Legal action is authorized if the deadline is not met. 

Motion carried 3-0.

 

9.  POWELL ZONING VIOLATION; 03-ZV0233:  This is an alleged violation of Section 4.1.2, outside storage (of a mobile / modular home) is not a permitted use in the FA-1 Farming zoning district.   In October of 2003 several complaints were received regarding a mobile home which had been brought onto land located between Loveland and Fort Collins. The parcel is adjacent to open space and vacant land, which drew added attention to the structure.  Staff contacted the owner of the parcel, Mark Powell, with a 15 day letter on October 27, 2003. The owner contacted staff and stated the structure had not been set because he was hauling in soil from a local Safeway project to elevate the structure on this parcel. He felt this needed to be completed prior to a soil sample requirement to be submitted for a building permit.  In February of 2004, the matter was followed up on by staff and research showed that no building permit had been applied for to place the structure. A 30-day letter was mailed to the owner and no contact was made to staff at that time.  In April of 2004, still no permit had been applied for and a hearing was scheduled for May 24, 2004 before the Board of County Commissioners. Notice was mailed to the owner via certified mail and regular mail. The owner did sign for the certified mail and did appear at the May hearing. However, prior to the hearing, staff received a phone message from a gentleman identifying himself as the property owner’s attorney.  He requested that the matter be postponed to allow more time for compliance.  Staff agreed to table the matter; however, the owner did also appear at the May hearing. The property owner stated he was not aware that his attorney had called nor had he asked him to. Staff discussed the zoning violation with the owner prior to the hearing and both parties agreed to table the matter to July 6, 2004 to allow more time for compliance. The property owner owns a mobile home/modular home moving business. Originally, staff had been under the impression that the home may have been for personal residential use, however, now that does not appear to be the case. It seems that the home may be stored there for business purposes, possibly acting as a sign, as there is a banner on the structure with the business name.   At the May 24, 2004 hearing, the owner stated intentions of finding an alternative storage place, possibly in Longmont. Staff had not discussed the matter with the owner further and a hearing was set for July 19, 2004. At that time the owner requested an additional six months for compliance.  To date, the structure remains on the parcel.

 

Staff findings are as follows:

1.   The property is zoned FA-1 Farming.

2.   Outside storage is not permitted in the FA-1 Farming zoning district.

3.   No County approval has been applied for, nor approved, to permit outside storage on this parcel.

4.   The owner operates a modular/mobile home moving business.

5.   No building permits have been applied for to permit placement of the structure on this parcel.

6.   Use of the parcel, in violation of the Land Use Code, may affect surrounding property values.

 

The Development Services Team recommendation is that the Board of County Commissioners:

1)   Finds that a violation does exist,

2)   Requires compliance within 30 days.

3)   Compliance requires that:

a)    A building permit is applied for, approved and issued within 30 days, and all inspections and a Certificate of Occupancy is issued. Code Enforcement action shall be held in abeyance provided all Building Department regulations/timeframes are adhered to. 

            OR

b)  The structure be removed from the parcel and relocated to an appropriately zoned parcel (if relocated within Larimer County) within 30 days

            4)  And authorize legal action if these conditions/deadlines are not met.

Ms. Delude noted that the property owner has been before the Board of County Commissioners in the past and that the Board has granted time for compliance.  Mr. Mark Powell addressed the Board and explained that he has hired an engineer to work up a foundation plan, and an architect to redesign the house; however, within the last six weeks Platte River Power Authority has contacted him and is interested in purchasing (or condemning) his property in order to put a power line though it.  Mr. Powell stated that he is willing to spend the money and submit an application for a foundation permit, even though the money will be lost if the property is sold or condemned.  Chair Rennels asked what the time frame was for resolution of this issue.  Mr. Powell stated that it could happen as quickly as 30 days or it could take a lot longer.  Mr. Helmick verified that Platte River Power Authority has indeed expressed interest in this property, but noted that commencement of the project could take as long as 2 to 4 years.   Commissioner Gibson noted that it is a unique piece of property surrounded by open space and asked if the Parks and Open Space Department had tried to negotiate for this property.  Mr. Powell replied in the affirmative, but explained that they could not reach an agreeable dollar amount.   Some discussion ensued about possibly subdividing the property.  Chair Rennels suggested that the property owner obtain the building permit which would give him time to work through this.  Mr. Powell requested 90 days to work with Platte River Power Authority, and if things were not settled by the 90 day time frame, then he would apply for a building permit.  Chair Rennels noted for the record that there was no public present to comment on this issue.

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners find that a violation exists and require compliance within 90 days.  Compliance would require that a building permit be applied for, approved and issued within 90 days and all inspections and a Certificate of Occupancy is issued OR the structure be removed from the parcel and relocated to an appropriately zoned parcel (if relocated within Larimer County) within 90 days.  Legal action is authorized if the property is not brought into compliance. 

Motion carried 3-0.

The meeting adjourned at 3:40 p.m.

 

 

TUESDAY, MAY 3, 2005   

 

ADMINISTRATIVE MATTERS

(#41 & 42)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster, Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Neil Gluckman, Donna Hart, Melinda Keen, and Deni LaRue, Commissioners’ Office; Larry Timm, Al Kadera, and Russ Legg, Planning Department; Marilyn MacIntyre, Larimer Center for Mental Health; Lieutenant Deb Russell, and Major Justin Smith, Sheriff's Department; Wynette Cerciello, and Amanda Oliver, Human Resources; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Brian Schumm addressed the Board regarding the Whitman Zoning Violation and explained that he has not been able to discuss this issue with County staff due to attorney/client privilege, as the matter is now a pending lawsuit.  Mr. Schumm noted that he has been to the courts and looked at the file, and he wants to be sure that all of the issues surrounding the zoning violation are presented, including the number of employees allowed on site.  Mr. Schumm stated that he is concerned that Mr. Whitman has been allowed to postpone this trial three times; therefore, he suggested that the County consider imposing the applicable fines, which could possibly expedite the process.  Finally, Mr. Schumm stated that the violations need to be corrected and enforced, and the public process needs to be included in this effort.

 

Evelyn King addressed the Board regarding a zoning change request; she asked the Board to consider reverting back to the previous setback requirements for properties in the RE and O-Open Zoning districts.  Ms. King noted that the setbacks were increased from 5 and 10 feet to 25 and 25 feet, respectively, when the Land Use Code was adopted.  Ms. King outlined a number of problems and issues that have surfaced with this change and she discussed these with the Board.  The Board agreed to present this request on behalf of Ms. King at the earliest opportunity in the regularly scheduled joint work sessions with the Commissioners, the Planning Commission, and Planning Staff.

 

Rosemary Van Gorder requested information regarding the Citizen Review Panel for Child Protection Services; specifically if it is an effective panel and if it is being used properly.  Ms. Van Gorder stated that records are kept on file for three years, and questioned whether there was ever any follow up on the resulting actions that were imposed.   Ms. Van Gorder requested that the Board publish the list of individuals that serve on this panel and make it available to the public; she also questioned why the general public was not allowed to serve on the panel.  Finally Ms. Van Gorder requested that the Board follow up on grievances filed against Child Protection Services employees regarding their conduct.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 25, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of April 25, 2005, as amended.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF MAY 9, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 3, 2005:

 

05032005A001           DEVELOPMENT AGREEMENT FOR RIDGEVIEW NORTH SUBDIVISION (FILE #03-S2225) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRIECE CORPORATION

 

05032005A002           FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR BACKBONE MEADOWS SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BACKBONE MEADOWS HOMEOWNERS ASSOCIATION

 

05032005A003           CONVEYANCE OF PERMANENT SLOPE EASEMENT GRANTED TO LARIMER COUNTY BY MILLION AGRICULTURAL INVESTMENTS, LTD.

 

05032005D001           DEED OF DEDICATION BY CAMPBELL DEVELOPMENT INC. OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

05032005D002           DEED OF DEDICATION BY FREDRICK C. RYCKERT OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

05032005R001           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE CONCERNING STREET NAMING AND APPLICATIONS SUBMITTED TO CORRECT AN EXISTING VIOLATION OF THE LAND USE CODE

 

05032005R002           RESOLUTION TO ADOPT THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE STANDARD FOR INCIDENT MANAGEMENT IN LARIMER COUNTY

 

05032005R003           RESOLUTION SETTING ADMINISTRATIVE FEES FOR THE REGISTRATION OF SEX OFFENDERS

 

05032005R004           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR RIDGEVIEW NORTH SUBDIVISION (FILE #03-S2225)  

 

MISCELLANEOUS DOCUMENTS:  Final Plat for Ridgeview North Subdivision; Department of Human Services Payments for March 2005; Application for Colorado Division of Housing Loan/Grant Assistance.

 

LIQUOR LICENSES:  The following license was both issued and approved:  Pool Tyme Billiards - Tavern - Loveland.   The following licenses were approved:  Partners Mentoring - Special Event 6% - Fort Collins, Boys and Girls Club of Larimer County - Special Event 6% - Fort Collins, Rotary Club of Fort Collins - Special Event 6% - Fort Collins.  The following license was issued:  Glen Echo Resort - Hotel & Restaurant - Bellvue.

 

Motion carried 3-0.

 

5.   PROCLAIM THE MONTH OF MAY AS MENTAL HEALTH MONTH:  Ms. MacIntyre explained that the Larimer Center for Mental Health has been challenged by budgetary issues over the past years, but they are working hard with their task force, and applying for grants to secure additional funding sources.  Commissioner Gibson observed that the proclamation stated that 1 in 10 children have a serious mental health disorder, and he questioned how many children were receiving assistance from the Center for Mental Health.   Ms. MacIntyre stated that approximately 40% of their services are provided for children and youth.   Commissioner Wagner then read the proclamation aloud.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners proclaim the month of May as Mental Health Month.

 

Motion carried 3-0.

 

6.  PROCLAIM THE WEEK OF MAY 1 - 7, 2005 AS NATIONAL CORRECTIONAL OFFICERS WEEK:  Major Smith noted that each May the Sheriff's Department requests the Board dedicate this week to increasing public awareness of the important role the Correctional Officers provide to the community.  Lt. Russell explained that these officers are put in harms way every day, they are often understaffed and work in overcrowded facilities, yet they perform their jobs professionally and provide safety for the citizens of Larimer County.  Commissioner Gibson then read the proclamation aloud.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners proclaim the week of May 1 - 7, 2005 as National Correctional Officers Week.

 

Motion carried 3-0.

 

7.  CHANGE TO POLICY NUMBER 331.5 REGARDING WAGES AND SALARIES: Ms. Oliver explained that the current policy states that merit increases will be 5%; however, for the past two years a waiver of policy has been obtained to change the percentage of the annual merit increases due to reduced budget dollars.  Ms. Oliver explained that the new changes allow for the policy to be more flexible, and will set the 5% annual merit increase as customary; however, if the lack of available funds or budget decisions warrant a different percentage, then a waiver of policy would not be required.  Some discussion ensued and Mr. Lancaster noted that this policy change only affects merit increases, and if salaries were ever to be decreased, then that would be addressed by possibly lowering the benchmark for salaries overall.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the updated Policy 331.5 regarding wages and salaries.

 

Motion carried 3-0.

 

8.  REVISION OF HUMAN RESOURCES POLICY 331.6 SECTION V, F REGARDING MILITARY LEAVE:   Ms. Cerciello requested Board approval to revise Human Resources Policy Number 331.6, Section V, F, regarding military leave.  Ms. Cerciello explained that this policy required updating in order to be in compliance with State Statutes and with the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Specific changes include that service members are paid 15 days of military leave per calendar year, their benefits are increased from 18 months to 24 months, and the County must offer medical insurance commensurate with the most generous leave without pay policy the County provides to its employees.  Commissioner Gibson clarified that the military offers the family medical insurance while the service member is deployed.  Ms. Cerciello agreed that the military does offer medical insurance, but the family could choose to retain the County insurance as an option.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve of the revisions to Policy 331.6 Section V, F regarding military leave.

 

Motion carried 3-0.

 

9.  CODE ENFORCEMENT SYSTEM ANALYSIS:  Mr. Timm noted that in past discussions with the Commissioners, Planning Commission, and Planning Staff, all concluded that the zoning code enforcement system and methods need to be updated.  Mr. Timm stated that the current system is being carried out using past methods, extremely limited resources, and past priorities; he requested the Board's approval of $20,000 to hire a consultant who will provide an analysis of the County's land use/zoning code enforcement system, and make recommendations for changes, including methods and resources needed.  Mr. Timm noted that the independent analysis of legal methods used will benefit the County Attorney's office, and the County Attorney welcomes the review as well.  Chair Rennels asked Mr. Timm to have the consultant look into and identify statutory problems that the Board could consider addressing legislatively.  Chair Gibson questioned why the Planning Department is not doing this work themselves.  Mr. Timm explained that although they have the knowledge and expertise to conduct the analysis in-house, they have extremely limited resources in terms of manpower that they could dedicate toward working on the project, and a third-party view would hopefully provide a fresh look at the process.  Mr. Timm presented a preliminary scope of work for the Board's review, and explained that his goal is to have the analysis completed by the end of July 2005.  Commissioner Wagner noted that this is a worthwhile project, and anticipates that it will help the overall system; she encouraged Mr. Timm to look at hiring a local consultant.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the transfer of $20,000 to the Planning Department from the General Fund balance for the purpose of hiring a consultant to conduct an analysis of the code enforcement function of the Planning & Building Services Division, to be completed by the end of July 2005.

 

Motion carried 3-0.

 

10.  APPROVAL OF FLOOD REVIEW BOARD BYLAWS:  Ms. Keen presented the by-laws of the Flood Review Board noting that they have been reviewed and approved by the Flood Review Board, and are now ready for final approval by the Board of County Commissioners.  The Commissioners thanked Ms. Keen for her hard work in assisting in this effort.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Flood Review Board Bylaws. 

 

Motion carried 3-0.

 

11.  DISCUSSION OF ENVIRONMENTAL ADVISORY BOARD BYLAWS:   Mr. Lancaster requested direction from the Board on a revision to the by-laws of the Environmental Advisory Board (EAB); he presented three options pertaining to whether or not the EAB should:  1. Review issues on their own based upon Commissioner, citizen, or EAB member recommendations.  2.  Review only those issues requested by the Board of County Commissioners.  3.  Review issues requested by the Board of County Commissioners, AND present potential issues identified by EAB members or the general public to the Board of County Commissioners for further direction.   Much discussion ensued and the Board agreed to use the verbiage from the Agricultural Advisory Board which states "The role of the Environmental Advisory Board is to advise the Board of County Commissioners and appropriate county departments on issues that affect environmental issues in Larimer County."

 

12.  ADOPTION OF COMMISSIONERS' WORKPLAN:  Mr. Lancaster presented the Commissioners' workplan that was developed during a recent retreat and outlines a list of goals and objectives for the Board to work on over the next year.  Mr. Lancaster noted that the Planning Department wished to be included in one of the line items on the workplan, and they also requested that the term "Value Added Agricultural" be changed to "Working Lands" when discussing future projects of this nature. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Commissioners' workplan as amended.

 

Motion carried 3-0.

 

13.  PRESENTATION OF QUARTERLY POLICY GOVERNANCE COMPLIANCE REPORT:  Mr. Lancaster presented the Board with his Quarterly Policy Governance Compliance Report noting that he could not report compliance with Item #3.3.4, due to Lcid-Surplus & Deficiency fund being over budget $125, and due to the fact that in 2004 three departments exceeded their budgeted allocations.   Mr. Lancaster also noted non-compliance with Item #3.3.5, and explained that the Fund 152 Enterprise Zone (managed by the Workforce Center) is below the 10% minimum balance.  Mr. Lancaster stated that this is a small fund with no ongoing liabilities; therefore, he requested that this fund be treated similar to the special improvement districts and not be required to maintain a minimum 10% fund balance.  Some discussion ensued regarding the minimum balances that need to maintained, and what might happen if there would not have been enough dollars to offset those areas that were over budgeted.  Mr. Lancaster stated that there are contingency dollars set aside in each fund specifically for this purpose.  Commissioner Gibson thanked Mr. Lancaster for doing such a great job in keeping the bond ratings up on behalf of the County.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners exempt Fund 152 Enterprise Zone from the requirement of maintaining a 10% fund balance. 

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Quarterly Policy Governance Compliance Report.

 

Motion carried 3-0.

 

14.  LEGISLATIVE UPDATE:  Mr. Gluckman noted that SB 224, pertaining to the Urban Renewal Authority, will be heard this afternoon at 4:00 p.m., and Larimer County will have a couple of representative there to testify if necessary.  Mr. Gluckman noted that SB 63, regarding the definition of urban blight, was killed and will not be brought back this year.  Mr. Gluckman noted that SB 21, the parental leave bill, was killed by its own sponsor, due to too many amendments, but it will probably be brought back next year.

 

15.   WORKSESSION:  Mr.  Lancaster explained that he has received a reply regarding the letter the Board sent requesting a citizen be appointed to attend and serve on the committee meetings regarding the Fort Collins/Loveland Airport master plan.   Mr. Lancaster noted that the committee agreed it would be a good idea to have a citizen appointed and have asked the Board to appoint this person.  Mr. Lancaster noted that Will Geiger, surrounding neighbor, has expressed interest in serving on the committee.  Commissioner Gibson stated that Brad Bichoff, President of the Eagle Ranch Homeowners Association, has also expressed interest in serving on the committee.  Chair Rennels asked which person lived closest to the airport, and as it turns out, both live in the Eagle Ranch Estates subdivision.  Therefore, the Board directed Mr. Lancaster to send a letter to both gentlemen and ask them to decide who will serve on the committee.

 

16.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

17.  LEGAL MATTERS:  There were no legal matters to discuss.

 

There being no further business, the meeting adjourned at 11:20 a.m.

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Gael M. Cookman, Deputy Clerk