Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 10, 2004

LAND USE HEARING

(#56)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Claudia DeLude, Planning Department; Dave Shirk, Estes Park Planning Department; Candace Phippen, Building Code Enforcement; Roxann Hayes, Engineering Department; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that staff has recommended the first item, Fattorie Zoning Violation, be removed from the agenda. Ms. DeLude requested that items 2 and 5, Vargas and Resley Zoning Violations respectively, be removed from the agenda and the hearing for Vargas of June 14, 2004 be cancelled.

MOTION

Commissioner Gibson moved that the Board of County Commissioners removed the Fattorie, Vargas and Resley Zoning Violations from the agenda.

Motion carried 3 - 0.

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

3. HORSE CREEK RANCH SUBDIVISION: THE SITE IS LOCATED AT THE INTERSECTION OF LITTLE VALLEY ROAD AND ST. FRANCIS WAY (SE 1/4 OF THE NW 1/4 SECTION 7, TOWNSHIP 4N, R72W), WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request for an extension for a final plat approved in 2002. Staff recommendation is approval subject to the following conditions 1. Compliance with Town of Estes Park Public Works Director Linnanes memo dated April 25, 2002. (Issues include, but are not limited to, obtaining appropriate work permits, fire hydrant spacing, water line size, and construction drawings); 2. Add the following language to note 6: "Extension of the Town's water systems to Lots 1, and 3 shall be subject to all applicable regulations and policies of the Town with regard to extension of its water system." (from Town Attorney White); 3. Submittal of a Subdivision Improvement Guarantee including the following: water line, fire protection, and culvert installation. The preliminary cost estimates have been approved by Public Works.

MOTION

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

Motion carried 3 - 0.

  1. O'CONNOR BUILDING CODE VIOLATION: 1900 SCR 7, LOVELAND

This is a violation of the following sections of the Uniform Building Code (UBC): Section 106.1: No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official; Section 109.1: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Staff findings are 1. Building Permit 99-B0116 for a modular home was issued on 3/18/1999. The permit expired on 3/2/2002 without all required inspection approvals. The owner is occupying the modular home without a certificate of occupancy (CO); 2. The owner has constructed the following structures without building permits: four-car garage, 42x60 barn, basement finish and an addition to the modular under construction as of 1/22/2004; 3. A singlewide mobile home is located on the property with no permit. Staff recommendation is to require compliance with the Larimer County Building Code within 30 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 1. Modular Home: Apply for a certificate of occupancy ($50 fee) under Building Permit 99-B0116 for the modular home on the property and obtain final inspection approvals from the State Electrical Board and the Larimer County Building Department; 2. Basement Finish: Obtain a permit and all inspection approvals for finishing the basement; 3. 42x60 Barn: Obtain a permit and all inspection approvals for a 42x60 barn; 4. Four-Car Garage: Obtain a permit and all inspection approvals for the garage; 5. Additions to Modular Home: Obtain a permit and required inspection approvals for all additions, including deck additions, to the original modular home; 6. Single-Wide Mobile Home: Remove the single-wide mobile home (SWMH) from the property or obtain approval from the Larimer County Planning Department to have the SWMH on the property. If approval is granted to have the SWMH on the property, a building permit is required.

Ms. Phippen briefed the Board on the violations. Chair Rennels noted that the property owner is not present and that there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find a violation exists and require compliance within 30-days by submitting an application for a certificate of occupancy under Building Permit 99-B0116 for the modular home, obtaining all required inspection approvals for the home, and obtaining building permits and all required inspection approvals for the basement finish to the home, the 42x60 barn, four-car garage and all additions to the modular home, including deck additions. The singlewide mobile home (SWMH) must be removed from the property or the owner must obtain approval pursuant to the Larimer County Land Use Code to have the second dwelling on the property. If approval is granted, a building permit and all inspection approvals for the SWMH must be obtained. Legal action is authorized if this deadline is not met.

Motion carried 3 - 0.

6. WHYARD TRANSPORTATION CAPITAL EXPANSION FEE APPEAL: 150 WOLF DRIVE, DRAKE, CO

This is a request for an appeal of Section 9.5 and 9.6 of the Larimer County Land Use Code. Staff finding is that the Whyards' would need to pay the difference between the cabin and single-family residence fee. A single-family residence carries a fee of $1913. Mr. Whyard would owe $1339. Staff recommendation is that the applicant should pay the difference between the cabin and single-family residence TCEF, in the amount of $1339.

Ms. Hayes briefed the Board regarding the appeal and noted that the Building Department has determined that the remodel work completed by Mr. Whyard changed the property from a cabin to a single-family residence. Therefore, fees associated with this change of use need to be paid.

Mr. Paul Whyard participated in the hearing via teleconference and stated that the issues of paying these fees did not exist until a potential buyer for the property inquired with the County. Mr. Whyard further stated that the previous owner created the violations, and that when he inquired to the County prior to purchase, he was never informed of the violations.

Much discussion ensued regarding when the parcel became a violation.

MOTION

Commissioner Bender moved that the Board of County Commissioners deny the Whyard Transportation Capital Expansion Fee Appeal.

Motion carried 3 - 0.

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

TUESDAY, MAY 11, 2004

ADMINISTRATIVE MATTERS

(#56 & 57)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Marilyn MacIntrye, Larimer Center for Mental Health; Justin Smith and Deb Russell, Sheriff's Department; Rob Helmick, Planning Department; Jeannine Haag, Assistant County Attorney; Donna Hart and Deni La Rue, Commissioners' Office; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Randy Whitman expressed frustration regarding the re-zoning of his property.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 3, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of May 3, 2004 with noted corrections.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 17, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

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

05112004A001 NON-EXCLUSIVE EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BOARD OF GOVERNORS OF COLORADO STATE UNIVERSITY SYSTEM AND COLORADO STATE UNIVERSITY FOR IMPROVEMENTS ON COUNTY ROAD 21

05112004A002 TEMPORARY EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BOARD OF GOVERNORS OF COLORADO STATE UNIVERSITY SYSTEM AND COLORADO STATE UNIVERSITY FOR IMPROVEMENTS FOR IMPROVEMENTS ON COUNTY ROAD 46E

05112004A003 NON-EXCLUSIVE EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BOARD OF GOVERNORS OF COLORADO STATE UNIVERSITY SYSTEM AND COLORADO STATE UNIVERSITY FOR IMPROVEMENTS ON COUNTY ROAD COUNTY ROAD 46E

05112004A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TERESA J BUDERUS FOR CONVEYANCE OF PERMANENT DRAINAGE EASEMENT

05112004D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY ALEXANDER B AND SANDRA M GRANT

05112004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 12THY FILING, LOTS 10 & 11

05112004R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR JENKS SUBDIVISION LOT 2 AND JENKS EXEMPTION TRACT 1

05112004R003 FINDINGS AND RESOLUTION APPROVING THE WADE MINOR LAND DIVISION

05112004R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN WYNDHAM HILL PLANNED UNIT DEVELOPMENT 3RD FILING LOTS 2 & 3

05112004R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY, ALLEY AND DRAINAGE EASEMENTS TO COLLAND CENTER 3RD FILING LOTS 7, 8, AND 9

05112004R006 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR MEADOWDALE HILLS 2ND FILING LOTS 95 - 97

MISCELLANEOUS: Public Trustee First Quarter Report for 2004; Eagle Rock Ranches Lots 20 and 21 Amended Plat.

LIQUOR LICENSES: The following licenses were both approved and issued The Baldpate Inn- Hotel and Restaurant- Estes Park, CO and Fort Namaqua Wine and Spirits- Retail- Loveland, CO. The following license was approved Boys and Girls Club of Larimer County- 6% Special Events Permit- Fort Collins, CO. The following license was issued The American Legion- 6% Special Events Permit- Fort Collins, CO,

Motion carried 3 - 0.

5. MENTAL HEALTH MONTH PROCLAMATION: Ms. MacIntrye provided the Board with statistics regarding mental illness, which strikes one in five adults and children in any given year. Ms. MacIntrye stated that nationally, May is recognized as Mental Health Month and requested the Board proclaim the same for Larimer County. Commissioner Bender read the proclamation for the record.

MOTION

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

Motion carried 3 - 0.

6. NATIONAL CORRECTIONAL OFFICER WEEK PROCLAMATION: Lt. Russell stated that May 9 - 15 is National Correctional Officer week and requested the Board join in the celebration by recognizing and supporting the officers and staff of the Larimer County Detention Center by proclaiming the same. Commissioner Gibson read the proclamation for the record.

MOTION

Commissioner Gibson moved that the Board of County Commissioners proclaim the week of May 9 - 15 as National Correctional Officers week.

Motion carried 3 - 0.

7. RURAL LAND USE CENTER PROCESS UPDATE: Mr. Lancaster stated that he had met with staff from the Rural Land Use Center, Engineering and Planning regarding the process of a Rural Land Use Center application. Mr. Lancaster stated that standards to evaluate a project have never existed and could therefore be the cause of some frustration between the departments. Mr. Lancaster stated that staff is now reviewing the Land Use Code for all references to the Rural Land Use Code.

  1. WORK SESSION: None

9. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

10. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:15 a.m.

Administrative Matters (cont.) 10:40 a.m.

11. LEGAL MATTERS: Ms. Haag requested the Board authorize the hiring of a grievance officer for an employment dispute. Ms. Haag recommended three judges from Legal Resolutions Center in the following order 1. Judge Borchers; 2. Judge Davidson; or 3. Judge Abrams. The hearing date, Ms. Haag continued has been set and confirmed with all parties with the exception of the employee, since his/her lawyer has not tried to contact him/her as of this morning.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the hiring of hearing officer in an employee grievance matter.

Motion carried 3 - 0.

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

WORK SESSION

with the

CLERK AND RECORDER

(#57)

The Board of County Commissioners met with Scott Doyle, Clerk and Recorder; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Frank Lancaster, Neil Gluckman and Bob Keister, Commissioners' Office; Amanda Oliver, Human Resources; Tiffany Hall and Mitzi Zmerzlikar, Clerk and Recorders' Office; and Jean O'Connor, Clerk to the Board.

Mr. Doyle explained what the Clerks' office does, why and how with a slide show. Mr. Doyle stated the request before the Board is to convert five full time temporary employees to regular status and one Executive Assistant to full time. The Executive Assistant would assist in making the office run more efficient, Mr. Doyle continued, and assist him since he spends so much time out in the public.

Mr. Keister asked if 2004 recorded documents are slower than 2003 and Ms. Hall replied in the affirmative and noted the fluctuations during the year. Ms. Hall stated that the current status of the Recording Department is that temporary employees are handling 35% of all dollar transactions and 95% of all data entry for recorded documents. A consultant was hired to evaluate the Recording Department situation and endorses converting five temporary employees to full time regular employees.

Ms. Zmerzlikar stated that consideration was given to salary, benefits and operational costs for the six positions, and for the balance of 2004 the figure is $186,707. The cost of the six positions for 12-months, using 2004 rates, would be $249,2000.

After review of the 2004 Recording budget, $75,000 has been identified for salaries for temporaries without the addition of full-time employees. Ms. Zmerzlikar stated that the request proposes $100,000, from the current Recording budget be reallocated to partially fund these positions. In addition, revenue in the Recording Department would be raised $85,000 bringing the total funds committed to these six positions to $185,000 for the balance of the year 2004; and budgeted Recording revenues would be increased $200,000 to fund the positions in the future.

Mr. Lancaster asked what the net cost of the employees would be since they are currently being paid and Ms. Zmerzlikar stated that the $100,000 would come from what would have been paid out to temporaries through the current budget, so the net increase would be $85,000. Mr. Keister clarified that the numbers being discussed are inclusive of the five Recording Dept employees and the Exec Assist position. Mr. Keister further clarified that the current Recording budget contains $200,000 for temporary employees, and that the request is to re-allocate $100,000 of those dollars to pay the temporaries being converted to full-time employees.

Commissioner Gibson suggested Mr. Doyle use the Chief Deputy funds currently budgeted for the Executive Assistant and then budget for the position in the 2005 budget cycle. Mr. Doyle committed to using the Chief Deputy funds so long as the Board understands that if he chooses to hire a Chief Deputy, they would fund the position.

Mr. Doyle moved on to provide the Board with a picture of the future for the Clerk and Recorders' office. Some of the upcoming projects include: Motor Vehicle- the State is updating their system, which the County will be required to update, however the State will not be allocating any funds. Recording- The AtPac project has software issues and integration issues, and then there is the digitizing project.

Mr. Keister stated that recording revenues typically far exceed budgeted amounts, so some of the dollars to pay for these projects, means that other department may not receive funding for their projects. Much discussion ensued regarding the immediate need for the positions verses limited term and budgeting the Executive Assistant in the 2005 budget.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve converting five temporary employees in the Recording Department to full-time regular employees.

Motion carried 3 - 0.

Much discussion ensued regarding the funding for the Executive Assistant verses the potential request to fund a Chief Deputy.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a full-time employee for an Executive Assistant to be funded through the existing Clerk and Recorder budget and decrease funding for a full-time employee Chief Deputy.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 4:50 p.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

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.