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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 22, 1996

LAND-USE PLANNING MEETING

(#246)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Rob Helmick, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and George Hass, County Attorney. Recording Clerk, S. Graves.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Commissioner Disney requested that the Mary's Lake Estates Subdivision and Rezoning be removed from the consent agenda as he has several questions regarding this item.

1. GLACIER VIEW MEADOWS 4TH FILING LOTS 49 & 50 AMENDED

PLAT (#95-SA0822): 23-09-72, SOUTH OF RED FEATHER LAKES

(COUNTY ROAD 74C), WEST OF LIVERMORE; 2.41 ACRES;

E-ESTATE ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings include: 1) Glacier View Meadows 4th Filing was approved in 1976; 2) The lots are relatively small, but meet the current standards for a Planned Unit Development in the E-Estate Zoning District; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) This request is also to vacate the utility easement along the common lot line. Staff recommendation is for approval of the vacation of the utility easement between Lots 49 and 50, Glacier View Meadows 4th Filing, and approval of the Amended Plat of Lots 49 and 50, Glacier View Meadows 4th Filing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Glacier View Meadows 4th Filing Lots 49 & 50 Amended Plat (#95-SA0822).

Motion carried 3 - 0.

2. MARY'S LAKE ESTATES SUBDIVISION AND REZONING (#95-MS0743):

02-04-73, SOUTHWEST OF MARY'S LAKE ON THE WEST SIDE OF

MARY'S LAKE ROAD AND ON THE SOUTHWEST SIDE OF ESTES

PARK; 31.22 ACRES; 4 LOTS; E-ESTATE EXISTING ZONING

This is a request to divide a vacant 31-acre parcel into 4 lots with 2 lots proposed for single family dwellings and 2 lots proposed for bed and breakfast accommodations and to rezone Lots 1 & 2 to A-Accommodations. Staff findings are: 1) The density and intensity of development on this site is consistent with the general expectations for development in the area; 2) The Town of Estes Park Planning Commission has recommended approval of the request; 3) In evaluating the impact of use, it appears to be consistent with the level of services available in the area; 4) The proposal has limited effect on adjacent land uses and no conflicts have been identified. The applicant, with the design and suggested covenants, has assured preservation of natural areas on site; 5) Although no change in the character of the area would suggest a change in zoning, the limited nature of both the subdivision and the rezoning are not inconsistent with the area. Additionally, it should be noted the applicants believed that the property was already zoned A-Accommodations due to an inaccuracy in some records in the Planning Department; 6) The request does not introduce a new zoning into this area; adjacent zoning is consistent with the proposal; 7) The application has been modified to conform with the comments from referral agencies and no conflicts have been identified.

The Staff/Planning Commission recommendation is for approval of Mary's Lake Estates Subdivision and the rezoning of Lots 1 and 2 to A-Accommodations, with the following conditions: 1) All structures shall have engineered footings and foundations; 2) Due to the shallow bedrock in the area and the nearby wetlands, foundation design shall anticipate the presence of ground water and seeps; 3) Passive testing for radon shall occur prior to the issuance of a Certificate of Occupancy; 4) The Bed and Breakfast accommodations on Lots 1 & 2 are limited to 10 guest rooms each; 5) The kitchen facilities in the Bed and Breakfast uses are limited to service for guests; no outside food service or catering for non-guest parties is allowed; 6) The wetland areas identified on Lots 1 & 2 are to be identified on the Final Plat and restricted for any building; 7) Road fees shall be determined prior to Final Plat and paid at the time of building permit; 8) Park fees of $630 for lots 3 & 4 (residential) and $790 for Lots 1 & 2 (B & B) shall be paid at the time of building permit; 9) Lots 1 and 2 shall not have a separate residential structure for the owner/operator; 10) Lots 1 & 2 shall be rezoned specifically to conform with the representations made or as modified by the record to A-Accommodations; 11) Applicant will pave the road to the end of the cul-de-sac bulb; 12) No Certificate of Occupancy will be issued without Larimer County Emergency Services signing off; 13) A note must be placed on the Final Plat stating no additional fences will be erected.

Commissioner Disney requested clarification regarding several issues relating to this request; Kerry Prochaska, of Rocky Mountain Consultants and representative for the applicant, responded to Commissioner Disney's questions by noting that the possible future zoning changes which may occur in this area and the Comprehensive Master Plan in Estes Park are compatible. Jim Tawney, owner of Ponderosa Lodge and adjacent property owner, stated he has no objection to the request but wanted to note for the record that this is a very generous down-sizing of the property and may not always be acceptable to the property owners. Homer Boblinger, adjacent property owner, stated that he has a 100-ft. easement from the government through the subject property and he wondered if that will remain; Mr. Helmick responded that the easement will remain and will be noted on the face of the plat and that it is the applicant's intention to improve the roads and not to relocate them.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Mary's Lake Estates Subdivision and Rezoning (#95-MS0743), with conditions as outlined.

Motion carried 3 - 0.

3. COONS ZONING VIOLATION (#95-ZV0769): 905 WEST 10TH STREET

IN LOVELAND, CO.

Chair Clark noted that this matter has been removed from today's agenda as it has been resolved.

4. WESTRIDGE ESTATES RIGHT-OF-WAY VACATION (#95-0S0803):

04-06-69 & 33-07-69 - WESTRIDGE ESTATES PLANNED UNIT

DEVELOPMENT; FA-1 FARMING ZONING

This is a request to vacate a public right-of-way within a subdivision to allow for a private road and entry gate to the subdivision. Mr. Helmick identified the location of the publicly dedicated roads to be vacated and noted that Westridge Drive also provides access to the two 35-acre developments of Hidden Springs and Bighorn Crossing; he reviewed the major concerns and issues and submitted a comparison report from the Sheriff's department of the 1995 call statistics from the Westridge Estates PUD and surrounding areas and even though the report does not indicate the number of calls for service in this area is greater or more serious than the surrounding areas, the Sheriff's department has no objection to the gating of Westridge Drive. Mr. Helmick stated that the County Attorney has advised staff that if the roads are vacated, they must be vacated pursuant to the statutes which state that the vacation must be done by resolution.

Staff findings include: 1) No agency or organization has identified significant conflicts with the requested vacation of right-of-way; 2) The subdivision resolution doesn't encourage private roads; 3) The creation of a gated community does not encourage identity with the larger community; 4) The procedure for vacation of a public right-of-way and subsequent transfer to a HOA is complicated and has the potential for significant errors which can affect the success of the plan; 5) The decision point for public versus private streets was more appropriately the time of platting; no compelling rationale has been offered for this proposal. The staff recommendation is that the Board of County Commissioners deny the requested vacation of right-of-way in the Westridge Estates PUD.

Questions from the Board and discussion followed; Mr. Hass responded to questions from the Board about the legality of abandoning right-of-ways and noted that before the Board can approve a vacation resolution, there needs to be in place and presented to the Board an easement that will succeed the public right-of-way for purposes of access. Mr. Hass also suggested that the county require the submittal of either a title insurance commitment or an attorney's opinion that the easement is valid and has been signed by all persons and interests so the county will know that there is good access. Mr. Helmick stated that staff was aware of the need for the easement documents, but because the staff was not convinced of the compelling need for the vacation, they did not want to put the applicant to great expense in preparing these easement documents.

Lee Evans, President Westridge Estates Homeowners Association, addressed the Board on behalf of the homeowners in the association and stated that their biggest concern is safety; he noted that budget cuts in the Poudre R1 School District have eliminated the school bus coming into the subdivision and now their children have to walk the road, as they have no sidewalks, to the bus stop on CR 38E. In addition, Mr. Evans stated that approximately 30 cars have driven off the road and many times into the fence, which has to be repaired at the association's expense; he noted that they drive off the road because they are unfamiliar with the road and are driving too fast. Mr. Evans stated that vandalism and theft have plagued the homeowners in this subdivision; he also noted that the homeowner's association has spent over $35,000 in the last two years on road improvements and maintenance and Larimer County has contributed nothing.

Mr. Robert Penny, attorney for the homeowner's association, addressed the legalities of the transfer and the possible conveyance of the county property back to the homeowners. According to his interpretation of the Colorado Statutes, the Commissioners have the right to sell, convey or exchange any real or personal property owned by the County when deemed by the Commissioners to be in the best interest of the County and its inhabitants and there is no requirement that the land be conveyed directly to the individual homeowners; Mr. Hass disagreed and stated that, in his opinion, the County cannot convey roads to anyone, they can only vacate them. Scott Griffith, on the Board of Directors for the homeowner's association, discussed the many changes in the neighborhood since 1988 and informed the Board that the homeowners associated voted unanimously this year in favor of a gated community. Mr. Evans made concluding statements by reiterating that there are no objections to the request, the subdivision resolution does not prohibit private roads, installing a gate or becoming a private road in no way will decrease their involvement with the greater community, emergency access is not an issue, the actual transfer is within county powers, and they are not asking for any county expenditure or will be setting a precedent.

At this time, the public portion of the hearing was closed and opened for Commissioner's comments: Commissioner Duvall noted that Larimer County encourages and appreciates homeowners' associations taking responsibility for their own roads and she cannot see any downside for the citizens of Larimer County if this request is approved. Commissioner Disney expressed concern about setting a precedent and stated that if the Board took action today it would be premature pending proper notification of all the affected property owners. Chair Clarke stated he thinks the request is a great idea but is also concerned that everyone effected may not be aware of what is being proposed. Much discussion followed and Mr. Evans requested an opportunity to ask for further clarification from the Board exactly what is being required from the applicants in order for them to obtain final approval of the vacation when they next appear before the Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the hearing to give Mr. Evans an opportunity to ask for further clarification from the Board.

Motion carried 3 - 0.

Mr. Evans asked the Board for further clarification regarding the procedure to follow and exact documents to be required from the homeowners' association when they come before the Board again to request approval of the vacation; he also asked the Board if they could give a positive indication to the homeowners' association that if all the required legal documents are submitted, they will receive that approval.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table the Westridge Estates Right-of-Way Vacation (#95-0S0803) until March 4, 1996, indicate preliminary support of the concept presented today, and direct the applicants to do the following: 1) Work with the County legal counsel to produce the legally required documents; 2) Gain the written acceptance of all effected property owners in the area; 3) Acknowledge that legal costs, other than the review of the legal documents by the County Attorney, will be borne by the Westridge Estates Homeowner's Association.

Motion carried 3 - 0.

The meeting adjourned at 4:15 p.m.

TUESDAY, JANUARY 23, 1996

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 10:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Dick Anderson, Facilities Manager; Carol Block, Finance Director; Bob Keister, Budget Manager; Dave Farmer, Sgt. Bill Nelson, and Cpl. Don Griffith of Emergency Services; Dan Kunis, Long-Range Planner; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. PRESENTATION OF CELLULAR PHONE GRANT AWARDS: John Gabriel, Northern Colorado Market Manager for AT&T Wireless Services, described the AT&T "Cellular for the Community Grant Program" to the Board and noted this is the 4th year they have been providing local, non-profit organizations in Colorado a free cellular phone, and unlimited local air time, for a two-year period as a communication tool to increase their effectiveness in their community involvement. Mr. Gabriel stated that this year over 300 applications were received and three recipients were chosen in Larimer County and today he presented those awards and cellular phones to representatives from the following agencies: 1) Barbara Henson from the Children's Clinic of Fort Collins, which provides general pediatric medical services to children of the most needy in the community; 2) Gail Richert from the Namaqua Center, which provides services to emotionally disturbed children; and 3) Shirley and Steve Bolton from Wing Shadow, which provides services to youth that have been suspended, dismissed, or dropped out of school or are involved in the judicial system. Chair Clarke expressed appreciation to AT&T Wireless Services for their contribution to the County.

2. DISCUSSION OF OFFICE SPACE AT 100 NORTH HOWES STREET: Mr. Anderson discussed with the Board a proposal from the City of Fort Collins to transfer the 693 sq. ft. of space at 110 North Howes to Larimer County, with no rental costs being incurred by the County for this additional use of space. Mr. Anderson noted that this offer is contingent on the County agreeing to extend the lease for the Municipal Court at its present location in the Courthouse for an additional 2 years beyond the expiration of their current lease which expires January 1, 1997. Much discussion followed; Chair Clarke suggested that the lease be continued on either a 3 to 6 month basis, but the Board cannot agree to a two-year extension of the current lease. In the meantime, Mr. Anderson will continue to investigate other possibilities for available space. It was noted that extensive remodeling will need to be done at 110 North Howes and that expenditure should be derived from the Block 31 Funds.

3. UPDATE ON AUDITOR'S CONTRACT: Ms. Block reviewed the County Policy on the rotation of external audit firms, noting that in 1981 the Board passed a resolution requiring the County to request proposals for external audit services every five years and that no firm could be engaged to conduct the audit for more than ten consecutive years. Ms. Block noted that the firm of Hunt, Spillman & Associates has been engaged to conduct the County's audits for the ten years 1986 through 1995 and under the current policy, the firm would not be eligible to participate when the County goes out for proposals in 1996. Ms. Block asked the Board if they wish to continue with the auditor rotation policy or consider a waiver of the policy. The pros and cons of continuing or discontinuing the auditor rotation policy were discussed; it was noted that to bring in a new auditing firm would cost additional dollars and county staff time and it takes several years for an audit firm to become knowledgeable about county operations. Commissioner Disney suggested the possibility of waiving the policy for at least years, since a change in auditors at this time would coincide with installation of the new financial management system and create confusion and hardship. Commissioner Duvall asked Mr. Lancaster to check with some of the former County Commissioners to ask what issues precipitated this policy being adopted and then the Board will discuss this matter further at a later date.

4. WILDFIRE GIS PROJECT PROPOSAL: Mr. Farmer requested Board approval of funding in the amount of $3,500 to provide matching funds for the GIS/Wildfire Mapping Fund. Mr. Farmer informed the Board that a "Wildfire Hazard Mitigation Grant" for $3,500 has been received from the Colorado State Forest Service; he noted that the Larimer County Planning Department, the Colorado State Forest Service, and others are currently working with wildfire hazard maps that range from 20 to 25 years old and because of vegetation changes, those maps are not reliable and some areas of the county are not mapped. Mr. Farmer stated that if approved, this project will update wildfire hazard maps, correct errors in past mapping, and complete areas not mapped; all mapping will be entered into Larimer County's GIS and all maps will be made available to county planners, emergency services, fire departments, developers, Colorado State Forest Service, etc. The project will also coordinate wildfire hazard mapping with the Arapaho-Roosevelt National Forest and Rocky Mountain National Park and an important goal of the project is to develop a common hazard mapping system among all agencies in Larimer County. Questions from the Board and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize funding in the amount of $3,500 to provide matching funds for the GIS/Wildfire Mapping Project; funds to be derived from the Commissioners' Special Projects Fund.

Motion carried 3 - 0.

Mr. Farmer submitted a listing of wildfire safety issues which have been identified in Larimer County and provided a proposed timetable for completion of wildfire safety recommendations to address these issues. Mr. Farmer noted he has been working with various groups to review the county building codes and planning regulations in Larimer County to develop recommendations that will reasonably improve wildfire safety of rural homes and communities; these draft recommendations will be presented to fire district boards, citizen groups, homeowner associations, etc. for their review and comment, and then the final proposal will be presented to the Board for approval in June of this year.

Mr. Farmer informed the Board of the Larimer Fire Council which was recently formed and is dedicated to providing quality services to the citizens of Larimer County by facilitating the coordination, communication and education of emergency service issues within the county.

5. ADOPTION OF A RESOLUTION ESTABLISHING A FRAMEWORK FOR THE FUTURE OF LARIMER COUNTY HEALTH AND HUMAN SERVICES: Mr. Gluckman requested Board approval and the Chair's signature on the Resolution establishing a framework for the future of Larimer County Health and Human Services.

M O T I O N

Commissioner Duvall moved that the Board approve the Resolution Establishing a Framework for the Future of Larimer County Health and Human Services, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-12g RESOLUTION ESTABLISHING A FRAMEWORK FOR THE

FUTURE OF LARIMER COUNTY HEALTH AND HUMAN

SERVICES

6. WORKSESSION:

-- Salary Adjustment in District Attorney's Office: Mr. Lancaster presented a memo received from District Attorney Stu VanMeveren denoting an error in Dan Kaup's annual salary. Mr. Kaup's 1995 salary was listed incorrectly and an increase was approved for him by Jackson County; it was noted that Mr. Kaup's salary and benefits are paid by Jackson County but listed on the appointed salaries resolution.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the increase in Dan Kaup's salary, as approved by Jackson County, and listed incorrectly on the appointed salaries resolution.

Motion carried 3 - 0.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they would be able to attend.

-- Mr. Lancaster briefed the Board on an Alert FAX received from Colorado Counties, Inc. (CCI) requesting information concerning business personal property tax legislation.

7. LEGAL MATTERS:

At this time, County Attorney George Hass and Robert J. Carnahan, General Manager Columbine Cablevision, joined the meeting for Legal Matters. Mr. Hass requested Board approval and the Chair's signature on a resolution approving the transfer and assignment of the agreement from Columbine Cablevision to Heritage Cablevision of Delaware, Inc.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Transfer and Assignment of the Agreement between the Board of County Commissioners of Larimer County and the World Company, doing business as Columbine Cablevision, for use by Cable Television Company of Rights-of-Way and Easements owned by Larimer County, Colorado and Rights-of-Way and Easements dedicated and accepted for public use by Larimer County, Colorado, dated May 11, 1982, as subsequently amended, to Heritage Cablevision of Delaware, Inc., on the terms and conditions stated in Exhibit "A" to the County's Resolution Authorizing the Transfer and Assignment and further authorize the Chair to the Board to sign the Resolution.

Motion carried 3 - 0.

R96-13g RESOLUTION AUTHORIZING THE TRANSFER AND

ASSIGNMENT OF CABLE TELEVISION AGREEMENT TO

OPERATE A CABLE TELEVISION SYSTEM IN THE

COUNTY OF LARIMER, COLORADO TO HERITAGE

CABLEVISION OF DELAWARE, INC.

Mr. Hass informed the Board he is working on drafting four ordinances, as requested by the Board, for noise, uniform traffic code, regulation of security alarms, and loitering; he noted the first three are finished and he asked the Board if they would like to schedule a meeting to discuss them or if he should proceed with scheduling the public hearings. The Board directed Mr. Hass to proceed with scheduling the public hearings.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of January 15, 1996, as submitted.

Motion carried 3 - 0.

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of January 29, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following document as listed on the Consent Agenda on Document Review for January 23, 1996:

A96-13 AGREEMENT GRANTING RIGHT-OF-WAY EASEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF FORT

COLLINS, AND THE CITY OF LOVELAND, COLORADO AND

POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.

Motion carried 3 - 0.

9. COMMISSIONER'S REPORTS:

-- Commissioner Duvall reported on discussions she has had with Russ Legg, Interim Planning Coordinator, regarding upcoming activities with the Partnership Land Use System (PLUS) Steering Committee.

The meeting adjourned at 11:55 a.m.

WEDNESDAY, JANUARY 24, 1996

MEETING WITH FINANCIAL MANAGEMENT SYSTEM

STEERING COMMITTEE

The Board of County Commissioners met at 11:00 a.m. in regular session with Carol Block, Director of Finance. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was absent as he was attending a meeting in Denver. Also present were the members of the Financial Management System Steering Committee and Evaluation Team; Kevin Anderson and Paul Meinardus of Deloitte & Touche; Bob Keister, Budget Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Ms. Block noted that the purpose of today's meeting is to provide the Board with a recommendation regarding the selection of the software, computer equipment, and relational data base management vendor for the implementation of the Financial Management System (FMS) for Larimer County. Ms. Block stated that during the past several months, the County's evaluation team, with help from Deloitte & Touche, has issued requests for proposal (RFP) for a new FMS and conducted an in-depth evaluation of the responding vendors; the evaluation team included representatives from nearly every County department. Ms. Block noted that they have evaluated the written proposals, participated in vendor demonstrations, and conducted site visits to clients of the two finalist vendors; they also conducted follow-up meetings with both vendors to request modifications to the original proposals, including best and final cost proposals. The team has concluded the evaluation process, developed a recommendation, and reviewed the recommendation with the project steering committee.

The recommendation of the committee is for the Board to approve Oracle Corporation, with its business partner Unisys Corporation, to be retained to provide a new FMS system for the County and they also recommend that Deloitte & Touche and County staff be authorized to negotiate a contract with Oracle and Unisys, in accordance with their proposal and their subsequent letter of intent dated January 22, 1996, for an amount agreed upon with the Board. Mr. Anderson informed the Board that Oracle's original bid was reduced in excess of $500,000, placing their bid lower than the other vendor by a significant amount and they will provide an additional 150 days of support; the advantages and disadvantages for selecting Oracle were reviewed and discussed.

Commissioner Duvall stated she is very impressed with what the evaluation team has accomplished; she asked questions and requested hearing from some of the county staff regarding their impressions and opinions. The following persons responded to questions and were enthusiastic regarding the recommendation of Oracle Corporation as the vendor selected: Carol Block, Bob Keister, Cindy Spreitzer, Ruth Merrill, Patty Arnett, and Diana Morton. Commissioner Duvall asked the negotiators to include some kind of safeguards (???) in the final agreement.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the retention of Oracle Corporation, with its business partner Unisys Corporation, to provide a new FMS system for the County and authorize Deloitte & Touche and County staff to negotiate a contract with Oracle and Unisys, in accordance with their proposal and their subsequent letter of intent dated January 22, 1996, for an amount agreed upon with the Board.

Motion carried 2 - 0.

Paul Meinardus informed the Board that the evaluation team was a very earnest and dedicated group and he complimented them for their efforts and dedication.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 11:40 a.m. to discuss contract negotiations with Deloitte & Touche.

Motion carried 2 - 0.

The Executive Session ended at 11:55 a.m.

PUBLIC HEARING REGARDING RESOLUTION AND ORDINANCE

CONCERNING ANIMAL CONTROL AND DOG LICENSING

(#432)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing to discuss a resolution and ordinance concerning animal control and dog licensing. Chair Clarke presided and Commissioner Disney was present; Commissioner Duvall was absent as she was attending another meeting. Also present were: Neil Gluckman, Assistant County Manager, Ilene Wical, Interim Executive Director of the Larimer County Humane Society; and Marla Hehn, Assistant County Attorney. Recording Clerk, S. Graves.

1. Introductions: Chair Clarke called the public hearing to order, introduced the County staff in attendance for tonight's hearing, and noted that the purpose of the hearing is to discuss the proposed Resolution and Ordinance Concerning Animal Control and Dog Licensing in Larimer County.

2. Summary of Changes: Mr. Gluckman provided a brief summary of the changes to the resolution and ordinance and noted that the changes were introduced on December 20, 1995 during a regular session of the Board of County Commissioners and, at that time, the Board directed that the document be published in the Coloradoan, Internet, and that a press release should be issued to all the local media to advertise the public hearing. Mr. Gluckman noted that the ordinance does not cover fees; fees will be determined later after the resolution and ordinance are officially adopted by the Board. Mr. Gluckman noted for the record that a three-page letter has been received from Sandy Lemberg listing his concerns and offering suggestions regarding the ordinance and resolution; Mr. Gluckman summarized the comments made in Mr. Lemberg's letter.

3. Public Comment: Dan Morse, resident and real estate owner in Fort Collins, prefaced his remarks by stating that, in his opinion, the Humane Society of Larimer County is doing a great job. He posed several questions regarding the neighborhood request for stricter controls and how long this Ordinance will be in effect; Ms. Hehn responded to his concerns and answered his questions. Ms. Hehn explained the differences between the Larimer County Ordinance and the City of Fort Collins Ordinance and noted that this Ordinance only covers the unincorporated areas outside the city limits. Tom McKay also asked if it is currently unlawful to have a dog at large in the unincorporated areas; Chair Clarke responded that currently you can have a dog off a lease provided the dog is under verbal control.

4. Discussion: Commissioner Disney stated that since Mr. Lemberg took the time to write a letter, they should take the time to go through his comments and suggestions and respond to them whether or not to incorporate them into the document. Therefore, each of Mr. Lemberg's suggestions and comments were discussed in detail and Ms. Hehn provided a legal response to each; several minor changes were made to the Ordinance, as requested. Dr. Steve Johnson was in the audience and was called upon for his medical and technical expertise with regard to several of the definitions. Commissioner Duvall previously reviewed the resolution and ordinance and also made comments and suggestions; therefore, Commissioner Disney reviewed all of her comments and Ms. Hehn responded to each and the Board agreed that a definition of "Stricter Animal Control Area" should be included in the list of definitions. Discussion ensued regarding kennels not being exempt if they cause disturbance in a neighborhood and Ms. Hehn was directed to inform County Attorney George Hass to include this in the noise ordinance which he is presently drafting.

5. Adoption:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution and Ordinance Concerning Animal Control and Dog Licensing for the County of Larimer, with the changes as proposed and agreed upon this evening.

Motion carried 2 - 0.

The meeting adjourned at 8:25 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk

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