Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 8, 1996

LAND-USE PLANNING MEETING

(#53 & #54)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. 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 Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke noted that a request has been received to table the North Woods Park Lot 1, Block 5, Amended Plat (#96-SA0902) until July 22, 1996.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the North Woods Park Lot 1, Block 5, Amended Plat (#96-SA0902) until July 22, 1996, as requested.

Motion carried 3 - 0.

Chair Clarke stated that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. HIGH COUNTRY ESTATES PLANNED UNIT DEVELOPMENT

AMENDED PLAT (#96-SA0904): 33-09-73, EAST OF DOWDY LAKE

ROAD, NORTH OF RED FEATHER LAKES ROAD; 2 ACRES;

E-ESTATE ZONING

This is a request to amend a plat note so the Forest Service can acquire Tract B and the lot owners will not be responsible for maintenance of this tract. Staff findings include: 1) High Country Estates was approved in 1979; the plat included a small tract on the east side of the Dowdy Lake Road. This parcel does not benefit the lot owners but it is necessary for them to maintain it and pay taxes on it; 2) The U.S. Forest Service would like to obtain this parcel since it is adjacent to other forest service land. The Forest Service cannot obtain a parcel that is subject to covenants or annual assessments; 3) This request is to amend a note on the Final Plat that obligates all property owners to pay annual assessments for maintenance of roads and open space. The lot owners in High Country Estates have amended their covenants to allow the Forest Service to own this parcel without paying annual assessments. This amendment would exclude Tract B from the maintenance requirement. The staff recommendation is for approval of the amendment to the note on the Final Plat of High Country Estates to exclude Tract B from the maintenance requirements, annual assessments and protective covenants.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the High Country Estates Planned Unit Development Amended Plat ((#96-SA0904).

Motion carried 3 - 0.

2. EAGLE RANCH ESTATES PLANNED UNIT DEVELOPMENT

(#95-MS0825): NE 1/4 21-06-68, ON THE SOUTH SIDE OF COUNTY

ROAD 32, 1/2 MILE WEST OF INTERSTATE 25; 150.51 ACRES;

40 LOTS; AP-AIRPORT ZONING

This is a request to divide 150 acres into 60 single family residential lots ranging in size from .53-.99; the average lot size is .64 acres; this application was previously denied by the BCC as CDL Subdivision. Mr. Helmick described the site location and proposal and reviewed the major concerns and issues; he noted that the property is within the area affected by the Plan for the Region between Fort Collins and Loveland. Mr. Helmick stated that this proposal was heard by the Planning Commission in March of this year and was tabled at that time with additional directions given to the applicant to modify the plan to respond to certain comments made by the Planning Commission. Mr. Helmick noted that the concept of an equestrian subdivision has been eliminated by the applicant because of the smaller size lots. Mr. Helmick stated that the proposal is in agreement with the recently adopted Corridor Plan with clustering the development, maintaining significant setbacks from County Road 32, establishing a landscape buffer along CR 32, and providing 67% open space. Mr. Helmick noted that a major concern is the proximity of the airport. Staff findings are: 1) The application meets the standards of the PUD regulations and is consistent with the objectives of the PUD regulations; 2) The service providers have identified few conflicts with the proposal; the property will need to be annexed into the South Fort Collins Sanitation District; 3) The proposal is the first residential development in the immediate area. There are questions of compatibility raised by the impact of the airport, which can be addressed by building construction techniques and restricted lighting. The sewage sludge disposal site, adjacent on the west, may be considered a problem by some possible purchasers, but no health or safety issues have been identified with the use. Additionally, the concern exists both internal to the site as well as off site with possible conflicts with agricultural practices; 4) The Plan for the Region between Loveland and Fort Collins indicates the site is appropriate for rural residential development; the design of this PUD can be considered consistent with the Plan. A more tightly clustered plan with fewer lots might be suggested. The open and unobscured view of the site from surrounding properties does not, however, provide a significant advantage for clustering on this site; 5) The applicant has revised the request consistent with the majority of the comments provided by referral agencies. Other agency comments have not identified conflicts with the request; 6) This proposal alone does not create significant impacts on the road system. The applicant has suggested a road impact fee to mitigate impacts that are caused. The applicant will need to construct improvements on CR 32 for left turns and deceleration; 7) The development will have little impact on the wetland areas, principally because they will be avoided; 8) No comments have been received which would indicate an impact on adjacent uses; 9) Most of the property is currently in agricultural production. The design will need modification to eliminate the unusable areas in the southwestern part of the site.

The Planning Commission/Staff recommendation is for approval of the Preliminary Master Plan and Preliminary Plat of Eagle Ranch Estates PUD, with the following conditions: 1) Park fees shall be paid at the time of building permit, in the amount of $315.; 2) Road fees shall be paid at the time of building permit, the amount to be determined prior to the time of Final Plat approval; 3) School fees shall be paid at the time of building permit; 4) Engineered footing and foundations shall be required on all structures; 5) Passive testing for radon gas of all residential structures shall be conducted prior to the issuance of any Certificate of Occupancy; 6) The applicant shall submit for review and approval prior to Final Plat a final landscape plan. The plan shall respond to the concerns raised by the County Forester, Engineering Department, Soil Conservation District and the utility providers; 7) The applicant shall, if necessary, prepare for review and approval, a wetland mitigation plan prior to Final Plat; 8) The applicant shall prepare for review and approval a final drainage plan; 9) The plat shall be noted to reflect the proximity of this site to the airport and overflights; 10) The plat shall be noted to require residential construction to mitigate noise from the airport; 11) The plat shall be noted to advise property owners and purchaser of the existence of the adjacent sludge disposal operation; 12) The applicant shall obtain final commitments for service for water and sewer service. The applicant shall petition the property into the South Fort Collins Sanitation District; 13) Homeowners documents shall reflect the responsibility of the HOA for maintenance of roads and common areas. This shall include the wetlands areas and agricultural lands and include management plans; 14) Final approval from the Colorado State Engineer or the appropriate entity(s) on pond and water use for the common areas; 15) The Final Plat shall reflect the required ROW dedication of 60 feet; 16) The final construction plans shall include the construction of the recommended deceleration lane and left turn lanes at the entrance onto CR 32; 17) The covenants and plans shall not allow any street lights or freestanding yard lights, except as required for public safety, i.e., road intersections; 18) Prior to Final Plat, the applicant shall assure delivery of irrigation water to adjacent lot through dedication of an easement or acceptable alternative; 19) The plan shall be revised to relocate the two western cul-de-sacs as far to the south as possible to eliminate or reduce the areas which will be difficult to maintain (Mr. Helmick noted that the applicant has submitted a revised plan which staff has found to be consistent with the recommendation to minimize the areas that were difficult to use in the southwestern part of the property); 20) The plan shall be revised to include a boulevard/divided roadway into the site to end at the first split in the road and shall be limited in the number of lots which can be built until a full publicly dedicated roadway is available as a secondary access. The number of units to be built shall be determined by the Poudre Fire Authority prior to the submission of the Final Plat (Mr. Helmick stated this condition has been responded to by the recent response from the Poudre Fire Authority); 21) The applicant shall comply with the Engineering Department recommendations, as detailed in their letter of May 9, 1996; 22) Notification that there is a sludge disposal operation in the area shall be added as a permanent addition to the covenants; 23) Notification that there is adjacent agricultural uses and pesticide uses in the area shall be added as a permanent addition to the covenants; 24) Notification that as the area grows, there is the potential for even more overflights than what is there the day someone buys property shall be added as a permanent condition to the covenants.

Discussion and questions from the Board followed; John Barnett, of John Barnett & Associates, representing Eagle Ranch Associates and property owner Scott Charpentier, reviewed exhibits, drawings, and perspectives of the proposal and how this project has evolved during the review process through the County. He described the changes that have been made as the project went through the County, how they have responded to what the Planning Commission recommended, how it specifically meets the criteria for approval, etc. Mr. Barnett described how this project meets the PUD requirements and criteria and noted that this proposal achieves the goals of the Plan for the Region between Fort Collins and Loveland; such as, planning for wide setbacks, preserving the view corridors, preserving the character of the area as uniquely rural, providing 67% open space, etc. Mr. Barnett stated that this proposal is a partnership between the Larimer Land Trust and the developer. Discussion and questions from the Board followed.

Jim Hammond, adjacent property owner, cited his concerns about the proposal: 1) Proximity to the airport; 2) Agriculture non-compatibility of this project - designated ag parcels are too small to farm; 3) Smell nuisances on adjacent parcels; such as from the sewage sludge plant, a dairy farm and a pig farm; 4) Compost from his operation of raising exotic mushrooms could have an objectionable odor; 5) Safety on and off CR 32; 6) Mosquitoes - Fossil Creek Reservoir is a giant wetlands and habitat for mosquitoes. Mr. Hammond stated that, in his opinion, this is a lousy place to build houses. Mr. Hammond submitted copies of amended conditions containing specific language that he would like the Board to adopt, if this proposal is approved. Ron Frank, of Group Realtors and representing the current owners of the land, stated that it is their opinion that this proposal is well thought out and he reiterated that this proposal now meets all the conditions of the Corridor Plan.

John Barnett responded to the concerns raised and stated that basically they have followed all the recommendations from the City of Loveland with regard to the airport and have agreed to additional noise mitigation that is over and above what they required. Mr. Barnett stated that as far as ag non-compatibility of this site and surrounding areas, one of the dilemmas they have in an area that is rural and growing is the natural conflict between land owners trying to receive maximum value for their land and the need to preserve agriculture; he noted that this project represents the best possible way of mitigating and meeting all of the needs of staying away from the boundaries to reduce the potential nuisance impact of surrounding development that might occur on agriculture sites. As far as safety on and off CR 32, Mr. Barnett noted that this site is no more dangerous than any other site adjacent to a county road anywhere else in the County. Mr. Barnett acknowledged that there will be mosquito problems, but there are mosquito problems throughout the County. In conclusion, Mr. Barnett stated that it is his belief that this site is not materially different from most other sites in the County in terms of negative impacts. Mr. Barnett addressed the specific language suggested for the conditions, as submitted by Mr. Hammond, noting they are responsive to specific needs. Mr. Helmick cautioned the Board that if they are inclined to consider the recommended conditions submitted by Mr. Hammond, specifically conditions #21 & #23, the association of agriculture and nuisance in the same context, as well as objectionable odors as they relate to the sewage sludge, is in conflict with the Right to Farm Statutes of the State.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Chair Clarke disclosed for the record that one of the principals of TST, Inc., the Engineer and Surveyor for this project, is a signee to a mortgage which he holds; he noted that he consulted with the County Attorney regarding this matter and she advised that it is not a conflict of interest and in no way effects his ability to participate on this issue. Commissioner Disney commented that this development seems to be fairly well thought out, and he likes the concept of it and the sizable amount of open space and the fact they are working with the Larimer Land Trust; however, he still is concerned about the airport and the public investment in that airport and he would like to receive additional comments from the Airport Manager Mr. Anderton and the cities of Fort Collins and Loveland and he suggested that this matter be tabled until more information is obtained. Commissioner Disney stated that he is also concerned about notification as he concurred that plat notes do not get read and he wondered if it could be required that the cautions be placed in the covenants; he also shares the concern about mosquitoes. Chair Clarke agreed that the issue of the airport is important, but he doesn't think it is fair to the land owner to say, "We have rules and regulations that you followed, but in relation to the airport, which may or may not be upgraded, at this time we have a proposal in-house that is being examined and we don't know if it is going to be acceptable to Fort Collins or Loveland or to Larimer County"; he is hesitant to say to a property owner who has followed all the existing rules and regulations, "Wait, because we may think of something new for you". Commissioner Duvall expressed appreciation and understanding for the owners who have been patient and waited until the Corridor Plan was finished; however, she feels there are some areas in the County that probably shouldn't be developed for residential use and she believes this may be one of them because of the proximity of the airport, it is adjacent to the sludge operation, and she is concerned about neighborhood compatibility. Commissioner Duvall noted that during discussions regarding the Partnership Land Use System, the Board has said they don't want any urban density located outside the urban growth area and she feels this proposal is heading in the direction they want to get away from and she is concerned about setting a precedent. Commissioner Duvall also expressed concern that a CTR has been submitted on the property to the south and yet we don't have a Master Plan for the whole area; therefore, she is inclined to deny this proposal.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners deny the Eagle Ranch Estates Planned Unit Development (#95-MS0825) based on the fact that there is grave concern about public investment in the airport, the lack of neighborhood compatibility, and there is no Master Plan for this area.

Commissioner Disney stated that, even those he appreciates the concerns, he cannot support the motion because he feels that the applicant has followed all the current rules and regulations. At this time, Mr. Barnett indicated he would like to address the Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the public hearing to hear from Mr. Barnett.

Motion carried 3 - 0.

Mr. Barnett stated that, with regard to the notification of concerns to prospective homeowners, during discussions of this proposal, it was agreed to put notifications in the CCR (covenants, conditions, and restrictions), which is usually the first thing submitted to a prospective buyer.

Chair Clarke stated that a motion to table supersedes all motions on the floor.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Eagle Ranch Estates Planned Unit Development (#95-MS0825) until July 22, 1996, to allow time to receive comments regarding the impact of this proposal from Mr. Anderton, Airport Manager, and from the cities of Fort Collins and Loveland.

Motion carried 2 - 1; Chair Clarke dissenting.

The meeting adjourned at 4:55 p.m.

TUESDAY, JULY 9, 1996

MEETING WITH K-LYNN CAMERON, OPEN LANDS MANAGER

REGARDING THE OPEN LANDS PROGRAM AND LEGACY GRANT

(#55)

The Board of County Commissioners met in regular session at 2:00 p.m. with K-Lynn Cameron, Open Lands Manager. Chair Clarke presided; Commissioners Clarke and Duvall were present. Also present was John MacFarlane, Parks Director. Recording Clerk, A. Jensen.

Mr. MacFarlane stated the intent of today's meeting is to provide information to the Board on various projects currently in progress. Ms. Cameron distributed an agenda with information detailing the listed items. Mr. Klaphake, Estes Park Town Manager, reviewed the Open Lands Advisory Board's action and the mission statement for the Larimer County Open Lands program. Mr. Klaphake also stated that he hopes the mission statement adequately incorporates the Commissioners comments, as well as invite comments and questions from the Commissioners. Discussion ensued regarding the language of the mission statement, including suggestions for changes to the language of the statement made by the Commissioners.

M O T I O N

Commissioner Disney moved that the Board adopt the Open Lands Advisory Board's mission statement, as submitted and amended.

Motion carried 3 - 0.

Discussion continued regarding the existing plans and how they will serve as a foundation for the Open Lands Program. Ms. Cameron briefly described each of the maps contained in the plan, the history detailing the history leading to their development, and the purpose of each map. Ms. Cameron stated that Larimer County has the most reservoirs then any other County along the Front Range. The opinion survey was also highlighted, as well as the results of the survey. Discussion ensued regarding the role agricultural land and water preservation have in the Parks Master Plan.

Mr. Klaphake directed the Commissioner's attention to Attachment B, depicting the proposed acquisition process for open lands, parks and trails. Mr. Klaphake explained the acquisition process and the reasoning for each step; each project will be logged in and will be assigned a number for tracking purposes. It was also noted that the emphasis of the acquisition process was to keep everyone as well-informed as possible. Ms. Cameron offered further clarification on several of the steps listed in the process. Several suggestions and questions were posed by the Commissioners for changes to the proposed process.

M O T I O N

Commissioner Duvall moved that the Board adopt the Acquisition Process for Open Lands, Parks and Trails, Attachment B, as submitted and amended.

Motion carried 3 - 0.

Mr. MacFarlane stated the Open Lands Advisory Board's sub-committee is presently developing evaluation criteria for projects and will have a draft available for review by the Commissioners in August. Mr. MacFarlane also noted that they are striving for simplicity in this document.

Ms. Cameron reviewed the events leading to the Poudre/Big Thompson Rivers Legacy Project, as well as describe the application process for the G.O.C.O. grant. Much discussion ensued regarding the numerous projects and funding requests currently in progress. Ms. Cameron detailed the funding options for the legacy project. Many questions and concerns were raised by the Commissioners and addressed by Ms. Cameron. The Commissioners also offered suggestions for Attachment D, a letter to Mr. Shafroth showing their support for funding the Poudre/Big Thompson Rivers Legacy Project. The Commissioners requested that Ms. Cameron emphasize the heritage the waterways in this project represent in this letter of support.

The Commissioners expressed their satisfaction with the progress being made by Mr. MacFarlane, Ms. Cameron, Mr. Klaphake, and the Open Lands Advisory Board. It was noted that the next step for the Open Lands Advisory Board is to complete the evaluation criteria process and submit it for approval to the Commissioners.

The meeting recessed at 3:30 p.m.

PUBLIC HEARING FOR CLUB ESTATES GID FORMATION

(#54 @ 500)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing to consider organizing and establishing Larimer County Club Estates GID #12. Chair Clarke presided and Commissioner Disney was present. Also present were: Rex Burns, Improvement District Project Engineer, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.

Mr. Burns stated that tonight's hearing is an advertised formal legal public hearing to provide an opportunity for the Board of County Commissioners to discuss, receive public comment, and consider the organization of a general improvement district for the purpose of improving and maintaining the streets in Club Estates Subdivision. Mr. Burns noted that homeowners in Club Estates came to the County approximately six months ago to request that the County repair their streets; two meetings were held to discuss the matter and, after considering several options, decided to form a public improvement district with a mill levy taxation type of approach to "improve as you go" and to build up a sinking fund for the eventual overlay of the streets with asphalt. Mr. Burns informed the Board that a petition was circulated, which 73% of the property owners signed; he noted that the proposal will assess an additional 25 mills over the approximately 90 mills that is paid now and the average additional tax per house will be $308.56 and under current Federal laws, that amount is a property tax and would be Federal Income Tax deductible.

The following property owners in Club Estates addressed the Board supporting the formation of the general improvement district: David Lowbree, Clark Mapes, Dean Giaugue, and Jill Messenger. In summary, the homeowner's comments were that they believe this is the best plan for their community and the proposal makes a lot of sense and, even though it means paying higher taxes, it is a tax that is basically going into a fund that is their fund which will be supporting improvement of their community and hold up their property values every property owner is sharing equally in maintaining the streets.

Ms. Martell submitted copies of two letters received supporting the formation of a general improvement district: Doug Anderson noted that his only concern is that there would be someone besides the homeowners involved in the decision making. Ms. Martell responded that being a part of a county entity, the homeowners will be required to follow county purchasing policies and if a contractor is hired, that will be put out for bid; in addition, a Board will be set up with the homeowners and they will decide what needs to be done and when it needs to be done -- it really is their district, with County support . The second letter from Gertrude Schaefer requested that any work that is done is of durable quality, conducive to seasonal changes and regional climatic conditions, and that miscellaneous maintenance be performed as necessary. The Board concurred that this GID is a model for others in the County to follow as a way to address road maintenance in subdivisions in the County.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Resolution Organizing and Establishing Larimer County Club Estates General Improvement District No. 12, and authorize the Chair to sign same.

Motion carried 2 - 0.

R96-106d RESOLUTION ORGANIZING AND ESTABLISHING LARIMER

COUNTY CLUB ESTATES GENERAL IMPROVEMENT DISTRICT

NO. 12

The public hearing adjourned at 7:20 p.m.

WEDNESDAY, JULY 10, 1996

ADMINISTRATIVE MATTERS

(#56)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Frank Lancaster, County Manager; Russ Ragsdale, Chief Deputy County Clerk; Irene Josey, Deputy Treasurer; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Bruce Biggi, G.I.S. Coordinator; Donna Hart, Community Information Manager; Ralph Jacobs, Human Resources Director; Lt. Carl Cooper, Sheriff's Department; Capt. Gary Darling, Sheriff's Department. Recording Clerk, A. Jensen.

1. PUBLIC COMMENT: No one appeared for public comment today.

2. RESOLUTION SUPPORTING CITY CIVIC CENTER PLAN: Mr. Lancaster requested Board approval and the Chair's signature on the resolution supporting the Civic Center Master Plan. Mr. Lancaster also gave a brief history of this resolution's development. Commissioner Duvall requested that Mr. Lancaster research the possibility of developing a similar resolution with the City of Loveland.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution supporting the Fort Collins Civic Center Master Plan, and authorize the Chair to sign the resolution.

Motion carried 3 - 0.

R96-107g RESOLUTION OF THE LARIMER COUNTY BOARD OF

COUNTY COMMISSIONERS CONCERNING THE CIVIC

CENTER MASTER PLAN

3. DISCUSSION OF TRAIN DEMONSTRATION PROJECTS: Mr. Lancaster reported that the train demonstration project has reached an impasse. Other train demonstration projects were reviewed by Mr. Lancaster. Commissioner Duvall suggested that the Commissioners meet with representatives from various agencies to in an attempt to move forward with the demonstration project. CONSENSUS OF THE BOARD was to instruct Mr. Lancaster to schedule a meeting to discuss the demonstration train project for informational purposes only.

4. FOOD DRIVE PROGRAM: Wendie Robinson, Executive Director of the Larimer County Food Distribution Center, and Leona Martens, Executive Director of the Weld County Food Bank, came before the Board to summarize current activities of both agencies. Ms. Robinson stated that the Larimer County Food Distribution Center distributed 2.1 million pounds of food, employees nine full time people and relies on forty volunteers to keep the Distribution Center operational; retail cost of 2.1 million pounds of food would be over $3 million. Ms. Robinson also noted that they are reaching approximately 20,000 people in Larimer County, as well as detail the various programs the Center has to distribute food. At this time, Ms. Robinson introduced Ms. Martens, who then detailed the various programs the Weld County Food Bank has for distribution and the collaborative efforts between the Weld County Food Bank and the Larimer County Food Distribution Center. The Commissioners expressed their appreciation to Ms. Robinson and Ms. Martens for their hard work serving people in need in Larimer and Weld County.

5. G.I.S. UPDATE: Mr. Ragsdale and Mr. Biggi requested the Board develop policy giving direction in budgeting and funding matters for G.I.S. Mr. Biggi also requested one Commissioner be a member of the G.I.S. Guidance Team; meetings would be held on a quarterly basis for approximately one hour. Chair Clarke stated that the Board will discuss Mr. Biggi's request in Policy Worksession, July 11, 1996 and inform Mr. Biggi of their decision. Mr. Ragsdale offered to answer any questions the Commissioners may have. Commissioner Disney stated that it looks like they are on track with the G.I.S. project.

6. DELINQUENT TAX NOTICE PUBLICATIONS: Ms. Josey requested Board approval for the annual delinquent tax notice publication. Discussion followed regarding the bids submitted by Ms. Josey. The Commissioners requested that Ms. Josey review the bids in the future and make a recommendation to the Commissioners.

M O T I O N

Commissioner Duvall moved that the Board accept the bid from the Coloradoan for $3.26 per column inch for the advertising of delinquent personal property and first and second advertising of mobile homes for three consecutive weeks, and accept the bid from the Loveland Daily Reporter-Herald for $7874.50 for the advertising of real property and special assessment tax lien sale tabloid for three consecutive weeks.

Motion carried 3 - 0.

7. REQUEST TO WAIVE POLICY FOR LT. CARL COOPER FOR VACATION LEAVE: Lt. Cooper and Capt. Darling came before the Board to request a waiver of personnel policy and reinstatement of 75.5 hours of vacation time for Lt. Cooper. Mr. Jacobs stated that the Board waived the policy last year for Lt. Cooper. Lt. Cooper explained that he was unable to use all his vacation time considering his workload and departmental demands. Lt. Cooper assured the Commissioners he will decrease his accumulation of vacation time over the following year to the allowable limit.

M O T I O N

Commissioner Duvall moved that the Board approve reinstating 75.5 hours of vacation time for Lt. Carl Cooper, thereby waiving personnel policy prohibiting the accumulation of vacation time beyond the allowable limit.

Motion carried 3 - 0.

8. BOARD OF HEALTH APPOINTMENTS: Commissioner Disney briefly discussed the reappointment of Alice Halberg to the Board of Health.

M O T I O N

Commissioner Disney moved that the Board approve the reappointment of Alice Halberg of Estes Park for a five year term.

Motion carried 3 - 0.

9. WORKSESSION:

-- Items for Policy Worksession: Mr. Gluckman submitted a schedule of subjects for tomorrow's worksession. Discussion will include the G.I.S. Guidance Team, appointments to the Economic Development Committee, and term limit referendum.

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

Mr. Gluckman indicated he will be working with Kathy Snell on her first day as the new Health and Human Services Director.

10. LEGAL MATTERS: Mr. Hass and Ms. Haag joined the meeting for Legal Matters. Mr. Hass presented a modified Findings and Order for the White Buffalo tavern liquor license, vacating their prior decision. The hearing will be held August 13, 1996, from 7:00 p.m. - 10:00 p.m. in the County Courtroom Building in Loveland. Discussion followed regarding the modified Findings and Order; the Board requested Mr. Hass provide a draft of conditions prior to the hearing for their review. Discussion of the applicable statutes, possible conditions, how complaints should handled, and enforcement of those conditions ensued.

M O T I ON

Commissioner Disney moved that the Board approve the Findings and Order in the matter of the New Moon Enterprises, L.L.C., d/b/a the White Buffalo, thereby vacating the order of May 24, 1996 denying the renewal of the license, and scheduling a hearing on the application for reconsideration for August 13, 1996, at 7:00 p.m. in the County Courtroom Building in Loveland, Colorado.

Motion carried 3 - 0.

R96-108g FINDINGS AND ORDER IN THE MATTER OF THE NEW MOON ENTERPRISES, L.L.C., d/b/a THE WHITE BUFFALO.

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of July 1, 1996.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Schedule for the week of July 15, 1996.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following documents as listed on Document Review for July 10, 1996.

MISCELLANEOUS DOCUMENTS: Fort Collins Business Center 3rd Filing - Lots 14 and 15 Amended Plat; Horsetooth Lakes Estates - Lots 17 and 19 Amended Plat; Certificate of Appointment of Gregory M. Lammons as Deputy District Attorney for Larimer County; Personnel Authorization Request - Emergency Communications Operator I; Personnel Authorization Request - Sheriff's Services Technician I; Personnel Authorization Request - Patrol Officer. LIQUOR LICENSES: County approval was granted to: JJ's Country Corner, Inc., - 6% - Fort Collins, CO.; State Board of Agriculture for the Colorado State University - SPECIAL EVENTS PERMIT 3.2%- Fort Collins, CO.; Villa Tatra, Inc., - 6% - Lyons, CO. Licenses were issued to: Fort Collins Sertoma Club - SPECIAL EVENTS PERMIT 3.2% - Fort Collins, CO.; Hauf Brau, Inc., - 6% - Fort Collins, CO.; Custom Cakes & Catering, Inc., - 6% - Fort Collins, CO.; Red Feather Supermarket - 3.2% - Red Feather, CO.; Wind River Ranch - 3.2% - Estes Park, CO.

A96-95 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONER AND COLORADO STATE UNIVERSITY FOR A STUDENT INTERNSHIP.

A96-96 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE WOMEN'S CENTER OF LARIMER COUNTY TO PROVIDE DENTAL SERVICES TO SENIOR CITIZENS.

A96-97 EQUIPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GLACIER VIEW VOLUNTEER FIRE DEPARTMENT TO CONTROL FIRES WITH LARIMER COUNTY.

D96-23 DEED OF DEDICATION BY DUO-DAIRY, LTD (Project #181).

R96-109s CORRECTED FINDINGS AND RESOLUTION TO NAME A PREVIOUSLY UNNAMED ROAD NORTH OF POUDRE PARK.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:50 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The meeting recessed at 11:15 a.m.; no action taken.

ABATEMENT HEARING FOR MICHAEL & JUDITH TEMATT

(#58)

The Board of County Commissioners reconvened at 2:00 p.m. for an Abatement Hearing for Michael and Judith TeMaat. Chair Clarke presided and Commissioner Duvall was present. Also present were: Shelley Kechter and David Muse, Senior Appraisers from the Assessor's Office. Recording Clerk, S. Graves.

Ms. Kechter submitted a revised appraisal report to the Board for the two properties, Parcels #87074-05-053 and #87074-05-052, owned by Petitioners Michael and Judith TeMaat. The property is located at 201 S. Racquette Drive in Fort Collins, CO.; the vacant land parcel has 73,600 sq. ft. and there are 41,839 sq. ft. on the improved parcel, for a total of 114,839 sq. ft. The area is zoned I-Industrial and the property type was a health club; the building was built in 1973 and is of average quality and is a one-story building of masonry construction, with 13,972 sq. ft. Ms. Kechter reviewed the appraisal report in detail, covering the comparables used to establish land value, location of comparables, cost breakdown of the building, cost approach summary, pictures of comparables, etc. Ms. Kechter stated that after consideration of the cost, market and income approaches, it is the Larimer County Assessor's opinion that the value of $522,200 most accurately reflects the value of the subject property for the 1993 through 1995 tax year. She noted that this value is lower than what the Assessor originally placed on the subject property, which for 1993 and 1994 was $590,000 and $580,400 for 1995.

At this time, Commissioner Duvall disclosed for the record that she is a member of this health club; Mr. TeMaat stated that it is no longer a health club and he has no objection to Commissioner Duvall being a participant in the decision making on this matter.

Mr. Douglas Konkel, representative for Mr. & Mrs. TeMaat, submitted an appraisal packet, as prepared by Charles Blazek of Western Appraisal and Valuation Services; he reviewed the history of the ownership of the subject property, noting that it was sold in 1984 and the TeMatts were forced to take it back in lieu of foreclosure in 1989. At the time the TeMaats took the building back the balance owing on the debt was approximately $397,000. Mr. Konkel informed the Board that the building is functionally obsolete because of its location and competition; in January of 1996, the property was sold for $400,000 to be used as a warehouse. Mr. Konkel stated that the market approach is the weakest approach and he stated that the comparables used by the Assessor's Office were not comparable as they used comparables of 62,000 sq. ft. to compare to 13,000 sq. ft; in his opinion, the income approach is the most applicable approach. Mr. Konkel disagreed with the amount calculated by the Assessor for annual expenses; he stated that the taxes are $13,000 a year, utilities $2,000 a month or $24,000 per year, repairs and maintenance are approximately $24,000 annually, insurance is $4,000 per year, and they had to replace the roof, which cost $100,000--the actual operating expenses per year are between $65,000 and $85,000. Mr. Konkel stated that the TeMaats tried for ever to sell, lease, or do anything with the property and they couldn't lease or sell it to anyone.

Mr. Konkel asked questions of Mr. TeMaat to answer for the Board about the operation and expense of running the health club. Mr. Konkel questioned Mr. Blazek about his analysis and appraisal of the subject property. Mr. Blazek stated that the two separate parcels are assessed the same but one has improvements and the interior parcel has the obsolete tennis courts; there are some amenities on one parcel that are not on the other, such as, one has accessibility and exposure from two streets. Mr. Blazek reviewed his appraisal packet and summarized the values he reached using the income approach, the direct sales comparison approach, and the cost approach; in summary, his final estimated value of the subject property is $389,900.

Much discussion followed; Ms. Kechter wanted to make it clear to the Board that at the time of their appraisal, the building was a health club and the recent sale for $400,000 was a change in use and was acknowledged at a later date by the Assessor's Office. Commissioner Duvall requested clarification regarding the income approach used by the Assessor's Office in which they estimated the total operating expenses to be $4,000 per year; Ms. Kechter responded that with the income approach, everything is based on "typical" - typical expenses, typical income, etc., and that is how it was analyzed. Commissioner Duvall stated that, in her opinion, the $4,000 per year allotted for expenses is too low and she knows from personal experience that this is a bare bones club.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners not accept the Assessor's recommendation of an assessed valuation of $522,200 and approve an assessed valuation of $425,000 for 1993, 1994, and 1995 for both parcels.

Motion carried 2 - 0.

The hearing adjourned at 3:20 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk,

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Aimee Jensen, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.