MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, SEPTEMBER 4, 2006
County offices were closed on September 4, 2006, in observance of the Labor Day Holiday.
Tuesday, September 5, 2006
(#105 & #106)
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gibson presided and Commissioners Wagner and Rennels were present. Also present were: Frank Lancaster, Donna Hart, and Deni LaRue, Commissioners' Office; Marc Engemoen, Public Works Department; Wynette Cerciello, John Gamlin, and Ann Wardle, Human Resources Department; George Haas, County Attorney; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: Gerry Horak addressed the Board and discussed his opinion on the Intergovernmental Agreement (IGA) between Larimer County and the City of Fort Collins, in regards to the southwest annexation. He feels as though the County and City need to work together more closely in answering questions from citizens regarding this topic. Although 10 meetings were held by the City, most of the residents were from the County, and it was difficult for City representatives to answer their questions. He suggests that County staff members become more involved in these meetings. He also thinks there is a need for new criteria when it comes to deciding annexation requirements, based on the current southwest annexation which was caused by the natural areas of land which created the enclave effect.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 28, 2006:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of August 28, 2006.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 11, 2006: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for September 5, 2006:
09052006A001 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE THOMPSON R-21 SCHOOL DISTRICT
09052006A002 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE TOWN OF JOHNSTOWN
09052006A003 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE CITY OF LOVELAND
09052006A004 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE PARK SCHOOL DISTRICT R-3
09052006A005 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE TOWN OF TIMNATH
09052006A006 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE CITY OF FORT COLLINS
09052006A007 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE TOWN OF BERTHOUD
09052006A008 DEVELOPMENT AGREEMENT FOR BENNETT CONSERVATION DEVELOPMENT (FILE #03-S2142) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND SHANE BENNETT
09052006A009 DEVELOPMENT AGREEMENT FOR THE CHATEAU DU VALLON SUBDIVISION (FILE #06-S2562) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND JONATHAN K. AND ALISSA B. WHITLOCK
09052006R001 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENTS IN X BAR SEVEN AMENDED PLAT OF LOTS 1 AND 2 OF THE X BAR SEVEN AMENDED PLAT OF LOTS 7, 8, AND 9 OF THE X BAR SEVEN SUBDIVISION LOT 2
09052006R002 RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 1 THROUGH 7 AND RESIDUAL LOTS A THROUGH C OF THE DRAKE R.L.U.P. 05-S2521
09052006R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CHATEAU DU VALLON SUBDIVISION (06-S2562)
09052006R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BENNETT CONSERVATION DEVELOPMENT (03-S2142)
09052006R005 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 90 AND 91 OF CRYSTAL LAKES SUBDIVISION 15TH FILING AND VACATION OF UTILITY EASEMENT
MISCELLANEOUS: Condo Map for Front Range Condominiums; Final Plat for Chateau Du Vallon Subdivision; Final Plat for Bennett Conservation Development; Amended Plat of Lot 8 of the Mountain Ranch RLUP 98-RLP0020; Amended Plat of Lot 5, Buehler Green Acres RLUP 98-RLP0019; Conveyance of Permanent Slope/Drainage Easement by Maurice W. Boney.
LIQUOR LICENSES: The following licenses were approved and issued: Branding Iron Liquor -Retail Liquor Store -LaPorte; Dunraven Inn - Hotel and Restaurant - Estes Park. The following liquor license was approved: Ellis Ranch - Special Event Permit 6% - Loveland.
Motion carried 3-0.
5. ASSIGNMENT OF COUNTY VEHICLES TO THE TREASURER’S OFFICE: Mr. Engemoen explained to the Board that there are currently two vehicles assigned to the Treasurer’s Office. Currently, the vehicles do not meet the standard for exclusive assignment based on mileage; however, at least one vehicle likely meets the standard based on the need for immediate response. Mr. Engemoen stated that there is often a need to use a vehicle at short notice, for example, if a mobile home is moved in the middle of the night. If the Treasurer’s Office is able to obtain even one more outstanding tax bill, the payment could potentially be huge for the County. Staff proposes to continue to exclusively assign one County vehicle to the Treasurer’s Office, and to provide a second vehicle for the Treasurer’s Office during the months of September and October when their need is greater. This would be a win-win situation for the County as well as the Treasurer’s Office, in that fleet services will have one more vehicle for the pool, while still meeting the needs of the Treasurer.
The Commissioners suggested that it would be helpful if someone from the Treasurer’s Office came in and explained how much money they might seize from a given property. This would provide an estimate to the Commissioner’s for how much money is potentially detained on a particular property, and therefore how important it is to have an exclusively assigned vehicle to the Treasurer’s Office.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve assigning one county vehicle exclusively to the Treasurer's Office and make available to the Treasurer's Office.
Motion carried 3-0.
6. REVISION TO THE COUNTY’S DISCIPLINARY POLICY AND PROCEDURE: Mr. Gamlin and Ms. Cerciello requested that the Board approve a major revision to the County’s disciplinary policy and procedure by approving the proposed Human Resources (HR) Policy and Procedure 331.8B, Corrective Actions, Adverse Actions, Grievance Procedure and Problem Solving Process. At the direction of the Senior Management Team and in partnership with the County Attorney, the Human Resources Department has significantly revised the County’s current disciplinary policy. The goals are to better balance the need for managerial flexibility to address employee performance and conduct issues, with the need to ensure that employees maintain the legal protections to which they are entitled. The proposed policy was posted for employee comment and HR held numerous meetings to solicit employee feedback. Also, HR is currently developing a supervisory training program to support the successful implementation of the new policy based on suggestions received from supervisors.
Mr. Haas explained that this new process would eliminate a progressive discipline plan, and implement a corrective action plan instead. Also, poor performance and poor conduct would be treated as separate issues. It was explained that if the employee/grievant requests a hearing, it will be conducted by a Hearing Officer appointed by the County Manager in consultation with the County Attorney and the HR Director. Commissioner Rennels asked that verbiage be included in the new policy to ensure that the Hearing Officer that is selected for the case is someone with knowledge pertaining to the particular issue being addressed.
It was decided that once the verbiage requested by Commissioner Rennels is added, the revision to the County’s Disciplinary Policy and Procedure will be added to a future Board of County Commissioner’s Consent Agenda.
7. SUMMARY OF EMPLOYEES’, ELECTED OFFICIALS’ AND APPOINTED OFFICIALS’ FEEDBACK CONCERNING MARKET/MERIT PROPOSAL FOR 2007: Ms. Cerciello, Ms. Wardle, and Mr. Lancaster discussed key points presented in meetings with employees regarding the Market/Merit proposal for 2007. Ms. Cerciello outlined cost saving suggestions presented by employees, such as including the option for more employees to telework, working four 10 hour days, reducing the number of pool cars, and furlough days for employees, just to name a few. She also outlined the common impressions of employees by stating that in general, employees fell into one of two groups. The first group did not like the reduction in markets and merits but understood the need for a balanced budget and recognized that the County's budget situation is similar to what other organizations are experiencing. The second group felt that merits should remain at 5% and employees should receive full market increases. At this time Ms. Cerciello presented some recommendations made by employees regarding future budget issues and budget processes. She also stated that Human Resources will follow up on all suggestions made by employees at the informative meetings.
The Board of County Commissioners advised staff to move forward with the previously proposed plan concerning the Market/Merit proposal for 2007, and also follow up on employee suggestions, while maintaining a more open form of communication when decisions of this matter are made in the future.
8. WORKSESSION: Mr. Lancaster addressed the Board and explained that the first reading of the proposed annexation in southwest Fort Collins would take place at the City Council meeting this evening. He explained that the City Manager, along with the Mayor would be present and wanted to know if one of the Commissioners would be available to attend as well. Commissioner Wagner felt as though the County needed to support the City of Fort Collins, and should include written comments and an explanation why they are in support of the annexation. Commissioner Gibson said that he was available to attend the City Council meeting that evening.
Mr. Gluckman explained that in an attempt to form a partnership with Colorado State University, and obtain outside help on County issues, an Organizational Excellence professor suggested that his classes be used to assist the County. They would be assisting with communication, budget and employee compensation/benefits issues. Mr. Gluckman will continue to update the Board on this topic, when more information is available.
9. COMMISSIONER REPORTS: The Board discussed their attendance at events during the past week.
10. LEGAL MATTERS: There were no legal matters to discuss.
The meeting recessed at 11:05 a.m.
LAND USE HEARING
(#107 & #108)
The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner. Chair Gibson presided, and Commissioners Wagner and Rennels were present. Also present were: Candace Phippin, Building Inspection; Al Kadera, Matt Lafferty, and Naomi O’Connor, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; George Haas, County Attorney; and Kristen Romary, Deputy Clerk.
Chair Gibson opened the meeting with the pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code. No one from the audience addressed the Board regarding these topics.
1. COPPER/FRITZ VIOLATION #05-BV0281 (TABLED FROM AUGUST 7, 2006): Ms. Phippin addressed the Board and explained that staff and the applicant have met two times in order to discuss code compliance at 6663, 6715, 6803, and 7006 W. HWY 34 in Loveland. However, it was decided by staff, that the information supplied by the property owners does not meet the standards contained in the Larimer County Land Use Code to establish non-conforming uses. Specifically, the documents and letters provided by the applicants and from surrounding neighbors do not establish that non-conforming outdoor storage, event and meeting uses have been continuous on the properties, with no lapses of more than 12 months, since 1967 when Parcels “C” and “D” were originally zoned T-Tourist.
At this time, Ms. Phippin suggested that the Board of County Commissioners concur with the findings of Larry Timm, Planning Director, contained in his letter dated May 3, 2006. Within sixty (60) days from the date of this hearing, the owners must:
Parcel “A”: Renew Building Permit 98-L4340 for an already-built addition to the existing residence and obtain all required inspection approvals.
Parcel “B”: (1) Submit a complete variance application to the Flood Review Board to allow two structures constructed without building permits to remain on the property; and (2) if the Flood Review Board allows the structures to remain on the property, obtain the required building permits and inspection approvals for the structures within 30 days from the date of Flood Review Board approval. In the meantime, the structures cannot be used or occupied by the public.
Parcel “C”: Remove all outdoor storage of Penske rental trucks and outside display and/or storage of carved bears and other merchandise in the T-Tourist Zoning District, or submit a complete special exception application with site plan review or a rezoning application to allow such uses.
Parcel “D”: (1) Obtain the required change of occupancy permits and inspection approvals for the two structures on this property for uses allowed by the Land Use Code in T-Tourist Zoning Districts; and (2) if the owners wish to use the structures for other purposes, submit a complete special exception application with site plan review or a rezoning application to allow other uses of the property and structures thereon.
Signage: Submit a complete, revised site plan to the Planning Department for signs advertising uses allowed in the T-Tourist Zoning District (the plan must show where the right-of-way is).
Mr. Fritz addressed the Board and read three additional letters from neighbors regarding the continual use of the farm, and the ongoing events held on the property. He also provided proof of an electrical inspection review and a plumbing report. He then cited the most recent meeting with staff, which included participation with a structural engineer. Mr. Fritz expressed concerns with the lack of uniformity in enforcement of the Land Use Code in and around Loveland.
At this time, the Department of Health and Environment finds that the owners have not provided the Health Department with adequate information to establish the capacity of existing sewage disposal systems on the property.
The Engineering Department finds that the owners have not submitted required information to the Flood Review Board requesting a variance to allow the two structures built in the floodplain without building permits to remain on the property.
Based on the information provided by the owners, staff cannot recommend a finding of any non-conforming use on the subject properties. Staff therefore recommends that the Commissioners concur with the findings of the Larimer County Planning Director contained in his letter dated May 3, 2006.
Specifically, Parcels “A”, “B”, and “E” and the structures thereon can only be used for purposes allowed by the Larimer County Land Use Code for FA-1 Zoning Districts unless other uses are approved through an appropriate application process. Parcels “C” and “D” and the structures thereon can only be used for purposes allowed by the Larimer County Land Use Code for T-Tourist Zoning Districts unless other uses are approved through an appropriate application process. Two principal structures existed on Parcel “C” prior to the adoption of County regulations and are considered legal, non-conforming structures for retail uses. Only one principal use is allowed on Parcel “D”.
Adequate parking, water, sewage disposal and fire protection for proposed uses of the properties are issues that can be addressed through an appropriate application process – either by special exception and site plan review or re-zoning.
Much discussion ensued among the Commissioners, staff, and the applicant regarding the recommendations made by staff as outlined above. It was explained to the applicant that all of the items presented in the suggested motion by staff do not need to be completed within 60 days; rather, it would be best if the applicant applied for a special exception process and would be given 60 days to do so. This would enable the exemption process to begin, and provide adequate time for the applicant to start correcting the violations associated with Parcels A-E. In that time, the applicant has the opportunity to file for an appeal.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners concur with the findings of the Planning Director, and that the applicant has 60 days to submit an application in order for the special exemption process to begin.
Motion carried 3-0.
2. BREITSTEIN-PHIPPS MINOR LAND DIVISION AND FEE APPEAL - #06-S2598 (TABLED FROM AUGUST 21, 2006): On August 21, 2006 the Board of County Commissioners considered this proposal. Discussion ensued about the Minor Land Division, the fee appeal and Condition #1. Condition #1 requires removal of the separate designation of Outlot A. Instead of creating a separate Outlot, the 10 acres north of County Road 8E would be an integral part of Lot 2. Planning Staff and the County Attorney expressed concern about creation of a separate Outlot. The applicant expressed concern about the property tax assessment implications. Staff continues to believe this property should be a part of Lot 2. With the assent of the owner, the Board tabled the item to allow sufficient time for the owner to consult the County Assessor’s Office.
The Development Services Team recommends approval of the Breitstein-Phipps Minor Land Division with authorization for the Chair of the Board of County Commissioners to sign the Plat as soon as it is ready for recording with the following conditions:
1. The plat will be amended to remove designations for “Outlot A”. Plat notes and deed restriction will be included that clearly indicate the portion of parcel #04130-00-015 is not a separate legal parcel (i.e., lot for the purposes of constructing a second single-family residence).
2. Corrections and additional materials identified in Dale Greer’s July 10, 2006, comment letter are approved by the County Engineering Department.
3. Prior to recording, the right-of-way shall be dedicated on the plat for County Road 8E to meet the 100’ right-of-way requirement for Minor Collectors.
4. The approximate limits of the 100-year flood plain of Dry Creek shall be delineated on the plat prior to recording.
Denial of the appeal of a portion of the Minor Land Division processing fee.
Rob Persichitte and Wayne Phipps addressed the Board and stated that they would prefer the designation of Outlot A, in order to decrease the amount of property tax owed. Staff mentioned that if the Outlot is agreed upon, a deed restriction would need to be attached to the lot, to ensure that it is not used as a buildable lot. Commissioner Wagner stated that she was in support of a deed restriction for Outlot A.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the Breitstein-Phipps Minor Land Division, File #06-S2598, subject to the conditions recommended by the Development Services Team, and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature; and to deny the fee appeal for a portion of the Minor Land Division processing fee.
Motion carried 3-0.
3. HEARTS AND HORSES APPEAL - #06-G0120: This is a request for an appeal to Section 8.6.3.C.1 (Construction Standards) of the Larimer County Land Use Code which would allow the applicant to not pave portions of the parking lot serving the Hearts and Horses facility. Mr. Lafferty addressed the Board and stated that a site plan approval requires partial paving of the road and parking lot; however, it does not make sense to load and unload horses on a paved surface, which is the reason for the appeal.
The Development Services Team recommends that the Board of County Commissioners approve the Hearts and Horses Appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code by allowing only those portions of the parking area devoted as handicapped spaced be paved.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Hearts and Horses appeal to section 8.6.3.C.1 of the Larimer County Land Use Code, by allowing only those portions of the parking that are devoted as handicapped spaces to be paved.
Motion carried 3-0.
The meeting adjourned at 5:20 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kristen Romary, Deputy Clerk