Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 19, 1997

PUBLIC HEARING REGARDING PROPOSED TRAFFIC ORDINANCE

(#187)

The Board of County Commissioners met at 2:00 p.m. for the second reading and adoption of the Ordinance for the new Model Traffic Code. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were the following from the Sheriff's Department: Undersheriff John Kammerzell, Captain David Cox, Sgt. David E. Jarman, Deputy Bill Eckrich, and Information Services Manager Steven Bebell; Deni LaRue, Community Information Manager; and Assistant County Attorney, Dan Muffley. Recording Clerk, S. Graves.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the adoption of the Ordinance for the Regulation of Traffic by the County of Larimer, Colorado, adopting by reference the 1995 Edition of the "Model Traffic Code for Colorado Municipalities", repealing all Ordinances in conflict therewith; and providing penalties for violation thereof; approve a Resolution concerning the Ordinance for the Regulation of Traffic, and authorize the Chair to sign same.

Motion carried 3 - 0.

O97-01 ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE

COUNTY OF LARIMER COUNTY, ADOPTING THE "MODEL

TRAFFIC CODE FOR COLORADO MUNICIPALITIES"

R97-49g RESOLUTION CONCERNING ORDINANCE FOR THE

REGULATION OF TRAFFIC

The public hearing recessed at 2:05 p.m.

LAND-USE PLANNING MEETING

(#187 @ 100)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Al Kadera, Subdivision Administrator. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Dan Tasman, Planner II; Rex Burns, Project Engineer; and Ralph Harden and Linda Connors, Assistant County Attorneys. Recording Clerk, S. Graves.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Scott Robins, Superintendent Ptarmigan Golf Course, requested that the agenda item for the Ptarmigan Amended Master Plan be removed from the Consent Agenda.

1. WILD BIRD DRIVE EASEMENT VACATION (#97-SA1032): 28-05-69 -

LOVELAND; FA-FARMING ZONING

This is a request to vacate a temporary turn-around easement at the east end of Wild Bird Drive. Staff findings include: 1) The turn-around area proposed at the end of Wild Bird Drive was never built; 2) The County Health and Engineering Departments do not object to the vacation. The Loveland Fire Prevention Bureau does not object to the proposal, as long as the circular driveway is built and it can accommodate the turn-around of emergency vehicles.

The staff recommendation is for approval of the request to vacate a temporary turn-around easement at the east end of Wild Bird Drive, subject to the following conditions: 1) A 20' to 24' wide circular driveway is built, as shown on the site plan; 2) An area 24' wide, which includes the driveway, is designated as a turn-around easement for turn-around of emergency vehicles only (not regular traffic in the subdivision); 3) The driveway must not have a curb; excepting grass, and landscaping must be set back at least 2' from the edge of the driveway surface; 4) The driveway will be kept clear at all times, so emergency vehicles can have uninterrupted, convenient turn-around access. Regular parking is allowed in the garage and the pad leading from the driveway to the garage. "Overflow" parking is allowed on the interior edge of the driveway, but there needs to be enough room remaining on the exterior edge so emergency vehicles can use the driveway as a turn-around point if necessary, without disrupting any landscaping; 5) Plans for the driveway must be reviewed and approved by the City of Loveland Fire Prevention Bureau. Where the City of Loveland Fire Prevention Bureau has design requirements that are greater or stricter than the recommendations listed above, the City requirements will apply.

2. FORT COLLINS INDUSTRIAL PARK 2ND, LOTS 113-114 AMENDED

PLAT (#97-SA1034): 07-07-68 - SOUTHEAST CORNER OF RACQUETTE

DRIVE AND COMMERCE DRIVE; 1.36 ACRES; I-INDUSTRIAL ZONING

This is a request to combine two existing lots into one building site. Staff findings include: 1) Fort Collins Industrial Park, Second Filing, is a commercial subdivision with most of the lots developed; 2) The proposed Amended Plat is intended to accommodate the construction of a large building across the common lot line; 3) The County Health and Engineering Department, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The East Larimer County Water District will require that any extra water taps be disconnected at the water main. The staff recommendation is for approval of the Amended Plat of Lots 113 and 114, Fort Collins Industrial Park Second Filing, with the condition that any extra water taps on this site be disconnected at the water main, as required by the East Larimer County Water District.

3. GLACIER VIEW MEADOWS 9TH FILING, LOTS 99 & 100 AMENDED

PLAT (#97-SA1037): 25-09-72; 5.33 ACRES; E-ESTATE ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings are: 1) Glacier View Meadows Ninth Filing was approved in 1978; the lots meet current zoning requirements, but the combined lot will contain about 5.3 acres; 2) This request will also vacate the utility easement located along the common lot line. The plat should be corrected to accurately show that the easement was vacated; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 99 and 100, Glacier View Meadows Ninth Filing, with the condition that the plat be corrected to reflect that the utility easement along the common lot line is vacated by the Amended Plat.

4. HAUMONT MINOR RESIDENTIAL DEVELOPMENT, LOTS 3 & 4,

AMENDED EXEMPTION (#97-EX1036): 08-07-69 - NORTHWEST

CORNER OF NORTH OVERLAND TRAIL AND HIGH STREET;

4.33 ACRES; 2 LOTS

This is a request to reconfigure two existing lots. No new lots will result from this plat. Staff findings include: 1) Haumont MRD was approved in 1992; 2) The driveway installed on Lot 3 encroached a few feet onto Lot 4. This Amended Plat will move the lot line to correct the encroachment. The Amended Plat will not affect the lot sizes; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 3 and 4, Haumont MRD, including the vacation and rededication of the utility easement along the common lot line.

5. POINT PLANNED UNIT DEVELOPMENT 3RD, LOTS 1-5 & TRACT A

AMENDED PLAT (#97-SA1040): 16-08-69 - NORTH END OF TERRY LAKE;

.31 ACRES; M-MULTIPLE FAMILY ZONING

This is a request to realign five building envelopes; no new lots or changes to the amount of open space will result from this request. Staff findings are: 1) A survey error caused one unit in a group of five to be built five feet too far west. Moving all five building envelopes five feet west will correct the encroachment and still maintain the minimum ten foot separation between buildings; 2) The Amended Plat will not affect the density or the amount of open space in this project; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 1-5 and Part of Tract A, the Point Townhomes P.U.D. Phase III.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Wild Bird Drive Easement Vacation (#97-SA1032); Fort Collins Industrial Park 2nd, Lots 113-114 Amended Plat (#97-SA1034); Glacier View Meadows 9th Filing, Lots 99 & 100 Amended Plat (#97-SA1037-37); Haumont Minor Residential Development, Lots 3 & 4, Amended Exemption; and Point Planned Unit Development 3rd, Lots 1-5 & Tract A, Amended Plat (#97-SA1040); with conditions as outlined.

Motion carried 3 - 0.

2. PTARMIGAN AMENDED MASTER PLAN (#97-MS1031): S 1/2 14-06-68 -

5505 EAST COUNTY ROAD 32E; 300 ACRES; E1-ESTATE ZONING

This is a request to amend the Ptarmigan Master Plan to allow a trailer now used as a temporary office to remain permanently. Mr. Tasman provided the background information for the request and the necessity for amending the Master Plan. Staff findings are: 1) The June 1991 Master Plan for Ptarmigan indicates that a permanent structure will eventually be built to house the country club's maintenance division; 2) The trailer was to be removed in 1993, but it remains to this date. Currently, the presence of the trailer is in violation of the Ptarmigan Master Plan; 3) Plans for building the permanent maintenance division office building has been postponed indefinitely; 4) The trailer is not visible from residences in Ptarmigan. Being in the maintenance area, where there are other utilitarian structures, the presence of the trailer will not detract from the overall character of the development; 5) Amending the Ptarmigan Master Plan is the only way to allow the trailer to remain indefinitely.

Scott Robins stated he asked for this item to be removed from the consent agenda because he had questions regarding conditions #4, #5, & #6. Since the parking area is gravel, Mr. Robins asked if the area could be outlined with railroad timbers instead of drawing lines on the gravel. With regard to condition #5, Mr. Robins noted that currently there is screening on three sides and he asked if the side open is to the north, which faces a horse breeding operation, could be screened with shrubs or other screening of a natural type; Chair Disney suggested that, if this request is granted, the condition be amended to require that the County Forester sign off on the landscaping plan. With regard to condition #6, Mr. Robins requested that the requirement that the building must be accessible to the handicapped be removed, because the facility is used only by maintenance personnel and not open to the public. Mr. Tasman agreed to the requests because they were all reasonable; therefore, the conditions were amended as follows.

The staff recommendation is for approval of the request to amend the Ptarmigan Master Plan to allow a trailer now used as a temporary office to remain permanently, subject to the following amended conditions: 1) The trailer is removed when a permanent office building housing the country club's maintenance division is built. The trailer may be replaced with another temporary structure, provided that structure, as well as the current structure, meets the conditions described below; 2) There is a 6' spacing between the storage shed to the south and the main structure, per Uniform Building Code standards; 3) All utilities serving the building or any accessory structures must be placed underground; 4) Parking must be improved to all applicable Larimer County standards. Railroad timbers may be used to clearly designate parking areas and spaces; 5) An outdoor storage plan must be approved by the Planning Department. All outdoor storage must comply with the Larimer County Zoning Resolution and other applicable regulations - the north side only may be screened with shrubs or screening of a natural type and the landscaping plan inspected by the County Forester. 6) Skirting and stairs on the building must be improved so it appears integral with the structure.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Ptarmigan Amended Master Plan (#97-MS1031), with the conditions as amended.

Motion carried 3 - 0.

7. DRAGER PARK SUBDIVISION RIGHT-OF-WAY VACATION

(#93-SA0366): 29-08-69 - EAST OF OVERLAND TRAIL, 1/4 MILE

NORTH OF THE INTERSECTION OF OVERLAND TRAIL AND COUNTY

ROAD 54G; 3.07 ACRES; O-OPEN ZONING

This is a request to vacate all of Sunrise Drive as shown on the Amended Plat of Drager Park Subdivision. Mr. Kadera described the location of this subdivision and noted that this item has been tabled several times to give the two property owners involved and their attorneys time to work out their differences. Mr. Kadera reviewed the history proceeding this request and noted that when the Amended Plat was recorded in 1994, it was discovered that the public record said two different things; therefore, the intent today is to make the public record consistent. Staff findings include: 1) Drager Park Subdivision was platted in 1961; the streets were dedicated for public use with the exception of Sunrise Drive, which was not dedicated all the way to the east line of the subdivision. The east 120 feet of Sunrise Drive was reserved for a future street; 2) A request to vacate the east 250 feet of Sunrise Drive was submitted in 1994 and staff recommended against the vacation because they thought the vacation would leave property east of Drager Park without publicly dedicated access; that access did not exist at that time; 3) Vacating part of Sunrise Drive and reserving it for a future street will not change the current situation. If the property east of Drager Park develops, the developer will need to negotiate with the property owners adjacent to the reserved right-of-way to acquire a dedicated street. Another access to this area is available from the south by extending County Road 21 north from Kintzley PUD. The staff recommendation is for approval of the vacation of Sunrise Drive in the Amended Plat of Part of Blocks 2 and 5 and all of Block 6, Drager Park Subdivision, with the condition that a 54 foot right-of-way be reserved for a future street as shown on the Amended Plat.

Alden T. Hill, attorney for Mary Martin, stated that Ms. Martin requests that the County deny the vacation of Sunrise Drive and leave it a dedicated street; he noted that Sunrise Drive as it approaches Ms. Martin's property is not centered on the right-of-way and is not located where it was intended to be as drawn on the Plat and the vacation will deny Ms. Martin access to her property. Daniel Dean, attorney for the adjacent property owners, Elizabeth and Joe Gloggler, stated that they purchased their lot according to what was described on the recorded plat, which included the specific vacation of Sunrise Drive; he noted that at the time the Glogglers purchased their lot, they acquired a building permit and part of the building permit process was location of the home versus the property line and the lines of any dedicated streets and roads. Mr. Dean continued that the Glogglers were given permission to build their home 30 ft. to the south of the lot line and, if the County does not vacate Sunrise Drive, the Glogglers home will not be properly located and will need to be moved; therefore, they support the vacation of Sunrise Drive so it will conform to the plat. Much discussion followed; Mr. Harden suggested that the two parties get together to reach some agreement so Ms. Martin will have access to her property. Mr. Dean stated that on March 31, 1997, the Glogglers made an unequivocal independent offer in writing to allow this vacation and grant the easement of the roadway currently used by Ms. Martin; Mr. Hill responded that the offer did not include specifics and if they made a specific offer, it would be accepted. Mr. Kadera suggested that the problem could be resolved by not vacating the westerly 30 or 40 ft. of Sunrise Drive, and leaving the right-of-way extended into the Amended Plat for some distance to allow Ms. Martin access to her property. Mr. Burns stated that he could visit the site within one week and take measurements and a survey would not be required. Much discussion followed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Drager Park Subdivision Right-of-Way Vacation (#93-SA0366) until June 2, 1997.

Motion carried 3 - 0.

The meeting adjourned at 3:45 p.m.

TUESDAY, MAY 20, 1997

ADMINISTRATIVE MATTERS

(#188, 189, 190)

(Tapes Defective)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rex Smith, Director of Public Works; Marc Engemoen, County Engineer; Joni Friedman, Director of Employment & Training; Lew Wymisner, Assistant Director Employment & Training Services; Ed Schemm, Assistant Environmental Health Director; Ralph Jacobs, Director of Human Resources; Jodi Boatright, Human Resources Staff Services Manager; Janelle Henderson, Director of Natural Resources; Neil Gluckman, Assistant County Manger, Deni LaRue, Community Information Manager; and Donna Hart Commissioner's Office Staff Services Manager. Recording Clerk, M. Zmerzlikar.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Tom Bender, Pat Chase, Rick Zier, Gordon Arneson, Rex Smith, Marc Engemoen.

--Tom Bender appeared before the Board of County Commissioners to share information about the Colorado Roundtable Organizing Committee of the Seventh American Forest Congress at which approximately thirty people were in attendance. Mr. Bender stated that due to the lack of management at the federal and state level, it is important to start improvement of forest health at the local level; improvement will not work starting at the global level. Information presented at this time included the Vision of American's Forest, Key Points About Colorado's Forest Health, Forest Health Principles and Action Items for Colorado's Forest Health Restoration. Commissioner Clarke will send the information to the Environmental Advisory Board.

--Pat Chase addressed the Board of County Commissioners about the Assessor's office procedures regarding the valuation of her home at 3705 El Caminito, Loveland, CO. Ms. Chase has had to appeal the value of her home four times in the past eleven years during which time the home has not been changed or remodeled significantly. Figures were presented indicating Actual Value Prior To Appeal and Actual Value After Review. Because the computer system in the Assessor's Office starts from scratch every two years, the results of previous appeals are not used as a new base line for future valuation causing the same people to have to appeal every two years. This creates work for the homeowners and county employees over and over again which would seem to be not only costly to the county, but gives the public perception that government is incompetent, inefficient and wasteful. Ms. Chase stated it seems logical that if the successful appeals were used to establish the actual value, retained in the system as a starting point and then establish inflationary rates for certain areas, the number of appeals would go down, the department would be more efficient, and the expense of running the office would be less. The computer seems to do a bad job of predicting actual values, both high and low. Even though the Assessor's Office is a separate department, it doesn't matter to the constituents, this procedure creates huge animosity towards the County in general. Commissioner Clarke stated that the Commissioners were not elected to do the Assessor's function, but as Ms. Chase stated, this does impact the budget and will impact the Commissioner's success at the polls. Chair Disney stated that what he finds troubling is that they just bought the Assessor's Office a new computer system which does not seem to be working very well. This system was purchased as sole source at the Assessor's request, instead of going out for bid. and now the same system from the same company has just been purchased for the commercial assessments. As stewards of public funds, Chair Disney stated that perhaps the appropriate role for the Board in this matter needs to be considered.

--Rick Zier and Gordon Arneson appeared before the Board of County Commissioners. Mr. Zier informed the Board that Mr. Arneson had filed a zoning complaint against his neighbor last August, the matter was reviewed, a violation was found to exist, and the motion was to bring the property into compliance with certain conditions. Mr. Zier and Mr. Areneson are appearing today to request a reconsideration of this matter at a regular zoning violation hearing for several reasons: (1) The Board became a Board of Adjustment granting a variance to something that was a violation, and (2) Conditions were violated last fall when an excess number of tractors were on the property and construction material for a shed is laying around. A letter was sent to John Pedas in February or March asking for a reconsideration. Now a metal building has been built on the lot line with no set back being observed. Mr. Pedas has told the neighbors to move the building but the building has not been moved at this time. Mr. Zier asked for another zoning hearing to consider the violation of conditions and the basic action taken by the Board last summer.

Commissioner Clarke stated a hearing is probably in order. Chair Disney suggested the Board visit with John Pedas about this, let him hear the tape and then make a decision. Mr. Zier will be notified of the result of this meeting.

--Rex Smith, Director of Public Works, and Marc Engemoen, County Engineer, informed the Board that they had received communication from the Colorado Department of Transportation (CDOT) indicating that the State was planning to designate bikeways enabling people to bike across Colorado. In order to encourage local governments to cooperate, CDOT would provide signs to install on routes which CDOT had already designated. Brochures have already been printed and are ready to distribute, however, there has been no communication or input from this county. South Taft Hill Road has been designated as the route between Fort Collins and Loveland. Mr. Engemoen stated this is the worst possible route to designate as a bikeway because the road has very narrow shoulders, is in poor condition, has steep drop offs in places, and cars traveling at high rates of speed. After talking to the City of Fort Collins, Mr. Engemoen found that the City also has concerns with this route being used as a bikeway through the city. Both the City and County are not sure where CDOT got the information to use this as a route. In spite of the state's request, they would like to discourage the state from using Taft Hill Road. Shields Street would be a better route because it has some improvements through the County and City. Rex Smith is concerned that this was done without any input from them. After the meeting with the City of Fort Collins this morning, Rex Smith and Marc Engemoen will report back to the Commissioners with the results of that meeting. Chair Disney asks that Mr. Engemoen indicate his displeasure with CDOT's process of designating a bikeway without any input from Larimer County. Local jurisdiction and transportation planning organizations need to be contacted when projects of this nature are started. It seems that since County funds would be used to install the signs, it would have been appropriate to consult the County before such a project was started.

  1. APPROVAL OF MINUTES FOR THE WEEK OF MAY 12, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of May 12, 1997, as submitted.

Motion carried 3-0.

  1. APPROVAL OF SCHEDULE FOR THE WEEK OF MAY 26, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of May 26, 1997, with the changes that were discussed.

Motion carried 3 - 0.

  1. APPROVAL OF CONSENT AGENDA:

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for May 20, 1997:

--Abatement approvals as recommended by the Assessor: Retreat Landowners Assn. parcel numbers 26221-05-100, 26232-07-062, 26232-07-064, 26232-09-100, 26261-07-200, 26261-07-201, 26261-07-202; Capps, Personal Property; Steamco, Personal Property; The Computer Buff, Personal Property; Turner, parcel number 10070-00-010; Pogoda, parcel number 21350-00-027; Parmley, parcel number 94231-12-009; Dillon, parcel number 94273-06-003; Stockwell/Severson, parcel number 96354-64-020; Bunyan, parcel number 96354-68-001; and Hurley, parcel number 97211-08-098.

MISCELLANEOUS DOCUMENTS: The Point PUD Phase III Amended Lots 1 - 5 Plat; Crystal Lakes 6th Amended Plat of Lots 28 & 29; Salomonson Minor Residential Development Plat; Economic Dislocation and Worker Adjustment Assistance Plan (EDWAA) PY '97 Plan; The Inmates Wizard of Change Grant Application (Life Skills for State & Local Prisoners Program. LIQUOR LICENSES: Licenses were issued to: Bob's Liquor - 6% - Fort Collins, CO; Alman's Deliworks - 6% - Fort Collins, CO; Coach House-Best Western - 6% WITH EXTENDED HOURS - Loveland, CO; Pot Belly Restaurant and Lounge, - 6% WITH EXTENDED HOURS -Red Feather, CO. County approval was granted to: J.J.'s Lounge - 6% - Fort Collins, CO; Sandy's Convenience - 3.2% - Loveland, CO; CSU Concessions - 3.2% - Fort Collins, CO; Olympus Motor Lodge - 6% - Estes Park, CO.; and CORPORATE REPORT OF CHANGES for the following: Conoco #06354 - 3.2% - Fort Collins, CO; Conoco #06358 - 3.2% - Loveland, CO; Conoco #06381 - 3.2% - Bellvue, CO; Conoco #06382 - 3.2% - LaPorte, CO.

A97-86 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES (Provision for Weld County to Operate One Americorps Youth Crew)

A97-87 INMATE HAIRCUT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BECKY SALAZAR AND SUE STUCKY (Provision for Services - Inmate Haircuts at the Detention Center)

A97-88 INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS (Provision of IGA for Stormwater Cooperation - Dry Creek and West Vine Stormwater Utility)

A97-89 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CEDAR PARK MAINTENANCE CORPORATION (Provisions of Funds by the County for Road Maintenance on Cedar Park Road)

A97-90 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CEDAR SPRINGS ROAD ASSOCIATION (Provision of Funds by the County for Road Maintenance on Cedar Park Road)

A97-91 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BANNER MANUFACTURING COMPANY (Provision of Recycling Latex Paint Collected for the Larimer County Household Hazardous Waste Program)

A97-92 AGREEMENT FOR AFFILIATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND UNIVERSITY OF NORTHERN COLORADO (Internship of Student Intern for Sheriff's Office)

C97-20 SWIM BEACH MANAGEMENT CONTRACT RFP #97-06 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO POOL MANAGEMENT, INC. (Provision of Lifeguard Services)

R97-50s RESOLUTION FOR COUNTY ROAD MAINTENANCE (Provision of County Road Maintenance - Kitchell Way in Kitchell Subdivision)

R97-51s FINDINGS & RESOLUTIONS APPROVING THE VACATION OF UTILITY EASEMENT IN RANCH ACRES 2ND SUBDIVISION (Approval of the Vacation of Utility Easement in Ranch Acres 2nd Subdivision)

R97-52s FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW 12TH FILING (Approval of the Amended Plat and Vacation of Utility Easement in Glacier View 12th Filing)

R97-53d RESOLUTION - LITTLEVALLEY ROAD MAINTENANCE (LittleValley Road Maintenance)

R97-54d RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER A PETITION FOR A GENERAL IMPROVEMENT DISTRICT (Public Hearing for General Improvement District #16 - Kitchell)

Motion carried 3 - 0.

5. RECYCLING MONTH PROCLAMATION:

Janelle Henderson was presented with a Proclamation recognizing June as Colorado Recycling Month. Ms. Henderson stated that there will be several events in Larimer County to observe June as Recycling Month.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim June as Recycling Month in Larimer County.

Motion carried 3 - 0.

  1. CITY OF FORT COLLINS MULTI-MODEL TRANSPORTATION STUDY:

Jodie Boatright introduced Kathleen Tracy, co-chair of the Multi-Model Transportation Center Feasibility Study. The old freight depot building was purchased by the City of Fort Collins several years ago and there have been various plans for the building during that time. Ms. Tracy and several people from Transfort thought the building might be a good place for a transportation center for private transportation, i.e. bicycles, buses, pedestrians and private transportation servers, such as airport limousines, airport bus service, tour buses and casino buses. The center would be a central hub with information and tickets available. Money was found to be available from the Office of Energy Conservation. The money was the result of oil overcharges in the 1970's. The amount of $30,000 was awarded at the beginning of this year to start this study. It is an energy conservation project in that it would reduce cars coming into the downtown area which is necessary, and hopefully, would alleviate some of the parking problems. Although the freight depot would be a great site to locate the transportation center, the nature of the grant is to determine the best location, therefore, six sites are being considered. Frank Lancaster, County Manager, will draft a letter for the Board supporting the concept.

7. ONE STOP CAREER CENTER AGREEMENT:

Joni Friedman, Lew Wymisner, and Tom Looft, appeared before the Board to request approval and signature on the transmittal letter of the Larimer County One-Stop Implementation Grant Proposal. Ms. Friedman stated that the One-Stop Career Center will allow the county more flexibility in designing and implementing employment and training programs that meet the needs of Larimer County residents. The County will however, be increasing its responsibility for additional employment and training funding. In addition, some of the funding to operate Job Service is state tax revenue and must be considered under Tabor limits. The implementation funding of $150,000 is all federal monies. The funds will implement the work LCETS is doing with the Department of Community Services and the county's effort to implement a Welfare Reform System.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the One-Stop Career Center Agreement.

Motion carried 3 - 0.

8. BIG THOMPSON WATERSHED PROJECT:

Ed Schemm presented information to the Board of County Commissioners about the Big Thompson Watershed Project. Last year, Larimer County participated with the Cities of Loveland and Greeley and the North Front Range Water Quality Planning Association to do a preliminary watershed study on the Big Thompson River. This study was funded by these entities (including the County) and a watershed grant from Colorado Department of Health and Environment.

The Big Thompson River was chosen for this study because of its importance in providing drinking water for the Cities of Loveland and Greeley; in fact, the Big Thompson is the source of most of the drinking water along the Front Range north of the Denver Metro area and serves thousands of people.

One of the recommendations made in the study was that a watershed group be formed for the Big Thompson River for the purpose of protecting the quality of water for domestic and other uses. An ad hoc group was formed to work towards this effort. This group is proceeding on two avenues; first, to submit a grant application to EPA to further the formation of a watershed protection group, and second, to enter into an agreement with the Thompson R2J School District for a part-time coordinator to work on the objective of the group. The cost to the watershed group with be approximately $24,000.

Mr. Schemm asked the Board of County Commissioners if the County should continue to participate in this effort and if the Board cared to help fund this effort through May 1998. It was the consensus of the Board that $1,000.00 could be included in the Health Department's budget next year with the money earmarked for this project.

  1. DISCUSSION OF CRITERIA FOR SICK LEAVE DONATION:

Ralph Jacobs presented Information for the Board Concerning Donation of Sick Leave. The objective was to determine the criteria under which an employee would be eligible to receive sick leave donations from other County employees. After discussion the Board recommended that the "serious health condition" standards of the Family and Medical Leave Act be used as the criteria for sick leave transfer eligibility. This would give Frank Lancaster guidelines to use when requests for donations of sick leave are requested. Mr. Jacobs was directed to report back to the Board in one year with comparisons and a summary.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners change the criteria for sick leave donation from "life threatening" situation to "serious health condition" as is used in Family and Medical Leave situations.

Motion carried 3 - 0.

10. RECOGNITION AWARDS CHANGES:

A request was made by Jodie Boatright to change the Longevity Awards Program and to carry over $7,500 from the 1996 Human Resources Recognition Program budget line in order to accommodate the purchase of the 1996/97 gift items; she noted that this would allow the program to begin distribution of gifts on a monthly basis, as awards are earned. Ms. Boatright stated that the Employee Recognition Committee is trying to improve the quality of the gift items; therefore, to offset that expense, the amount available to departments per employee need to be reduced. Ms. Boatright stated that currently a dollar amount of up to $6 per employee has also been available to reimburse departments that chose a recognition celebration, and any amount expended over the $6 reimbursement allotment is the department's responsibility to pay.

After discussion, the Board agreed to change the dollar amount for employee recognition celebrations from $6 to $3 per employee in attendance at the recognition ceremony and approve the request to carry over $7,500 from the 1996 Human Resources budget to purchase gift items for two years to bring the awards up-to-date.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve and authorize the carry over of $7,500 from the 1996 Human Resource budget, to approve the proposal submitted for employee recognition, and change the dollar amount for employee recognition by the departments from $6 to $3 per employee in attendance.

Motion carried 3 - 0.

11. WORKSESSION:

--Review of Site Plan for Justice Center: Frank Lancaster reviewed two site plans for the Justice Center. Much discussion followed regarding the proposed parking garage, surface parking, and secured underground parking. Currently there are three existing buildings on the property which the City and County own 50-50. The Board concurred that it is important that the buildings not be torn down, but used in some capacity. Mr. Lancaster was directed to have the three building shown, as they currently exist, on the site plans. Also discussed was the building of the new detention center with the two options, the slash/burn budget option and the mill levy option, being considered. Chair Disney requested legal information regarding the possible court order, as it is important to have the correct information to present to the public. Frank Lancaster will obtain this information and present it to the Board of County Commissioners at a later time.

--Legislative Review: The Board of County Commissioners reviewed the agenda topics for the May 27, 1997, "Meeting with Legislators", with Neil Gluckman, Assistant County Manager.

--Invitations: Donna Hart reviewed the pending invitation with the Board.

12. COMMISSIONER REPORTS:

--Commissioner Clarke reported that the resignation of Doug Keasling, Director of Social Services, was received this morning.

--Commissioner Olson requested a meeting with the Commissioners and Bob Hamblem, Agriculture/Agronomy Agent in the Extension Office.

--Chair Disney asked that time be scheduled to meet with Myrna Rodenberger, County Clerk and Recorder to respond to the memo from Ms. Rodenberger.

The meeting adjourned at 11.55 a.m.

The Board of County Commissioners reconvened at 3:00 p.m. for a Executive Session to discuss a personnel matter.

The Executive Session ended at 4:00 p.m.; no action taken.

WEDNESDAY, MAY 21, 1997

ABATEMENT HEARING

(#191)

The Board of County Commissioners met at 9:30 p.m. for Abatement hearings. Chair Disney presided; Commissioner Clarke was present. Also present were: Commercial Senior Appraisers Shelly Kechter, Dave Muse, Christine Murray and Patty Ring. Recording Clerk, Gael Cookman.

ABATEMENT HEARING FOR TWIN T ENTERPRISES, PARCEL NUMBER 87074-09-119: Tom and Tim Lancaster, representatives for Twin T Enterprises, stated that they were concerned with the increase of taxes on their property, and with the comparables used to assess value. Mr. Lancaster stated that the comparables were being taxed at 70 - 80 percent, but their property is being taxed at 100 percent. Ms. Kechter described the subject property, noting that the petitioners purchased the property in June of 1995 for $190,000.00, and the final assessed value for the 1995/96 tax years is $189,800.00. The petitioners asked for clarification on how the comparables were assessed between 70 - 80 percent, yet their property was being assessed at 100 percent. Commissioner Disney explained that the petitioners original agent, Elgin Huntoft, was using a different method to determine value, and that the Assessor's Office was using the method prescribed by the State. Some discussion followed.

MOTION

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement and Refund of Taxes for Twin T Enterprises, Parcel Number 87074-09-119, for 1995/96 and support the Assessor's valuation on this property for $189,800.

Motion carried 2-0.

ABATEMENT HEARING FOR ROBERT L. KRASUSKI, PARCEL NUMBER 96111-22-001: Mr. Krasuski stated that he does not feel the valuation of this property at $338,700.00 is unjust, but he cannot understand the increase in taxes that he has incurred in 1997. Commissioner Clarke explained that the Board could not hear any complaints on assessed value for this year, but the petitioner could go to the Assessor's Office after the hearing and discuss the matter with them.

MOTION

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement and Refund of Taxes for Robert L Krasuski, Parcel Number 96111-22-001, for 1995/96 and support the Assessor's valuation on this property for $338,700.

Motion carried 2-0.

ABATEMENT HEARING FOR ROBERT L. KRASUSKI, PARCEL NUMBER 96122-05-031: Mr. Krasuski stated that he has had a problem in the past with the Assessor's classifying this parcel as two properties, then back to one property; he also explained that he does not agree with the market analysis as he tried to sell this property in 1994 and was unable to do so. Mr. Krasuski explained the building is a tri-level with only a portion being used for retail space; he was also concerned that the basement was being calculated as retail space. Ms. Murray described the property and the three approaches to value, noting the final indicated value was $380,200.00; she also stated that basement was not being calculated as retail space. Much discussion ensued regarding the layout of the building and how much of it was being assessed as retail space verses office or warehouse space.

MOTION

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement and Refund of Taxes for Robert L Krasuski, Parcel Number 96122-05-031, for 1995/96 and support the Assessor's valuation on this property for $380,200.

Motion carried 2-0.

ABATEMENT HEARING FOR GRV LIMITED LIABILITY, PARCEL NUMBER 97253-12-001: Glenn Johnson, representative for GRV Limited Liability, stated he did not feel the assessed value on his property was fair; he requested to hear the Assessor's arguments and respond afterwards. Ms. Ring described the subject property and market comparables, noting that the finial indicated value was $725,000.00. Mr. Johnson stated that the comparables used were quite different in price and that they were newer properties. Chair Disney explained that the Assessor adjusts the comparables to make them more equitable with the subject property. Mr. Johnson also stated that the income approach figures were not accurate; he passed out copies of his operating expenses and income tax reports from 1996. Some discussion followed regarding this information.

MOTION

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement and Refund of Taxes for GRV Limited Liability, Parcel Number 97253-12-001, for 1996 and support the Assessor's valuation on this property for $725,000.

Motion carried 2-0.

Meeting recessed at 11:35 a.m.

CONTINUATION OF ABATEMENT HEARINGS

(#192)

The Board of County Commissioners reconvened at 1:30 p.m. to consider two more Petitions for Abatement. Chair Pro-Tem Olson presided and Commissioner Clarke was present. Also present were: Chief Appraiser Amy Wagner, and Senior Appraisers Shelley Kechter and David Muse. Recording Clerk, S. Graves.

1. CATCH ALL MINI STORAGE - PARCEL #95250-00-039: Dave Hazen, partner in the business, reviewed the assessment of the Assessor's Office and where he thinks there are discrepancies; he noted that the taxes went from an assessed value on this property from $401,000 to $575,000 in one year, which is an increase of 43% and greatly impacts his small business. Mr. Hazen informed the Board that his building does not have living quarters and has no city facilities, sewer or water, and is surrounded by corn fields; there being no recent improvements to the property or other basis for increased valuation, he requests the valuation as of June 1994 be adjusted to the median for the Fort Collins/Loveland area of 7.5% increase over 1992 and he stated that $431,000 is his estimate of fair actual value. Mr. Hazen discussed the comparables used by the Assessor's Office and noted they all are in Fort Collins; he stated that only the real property should be assessed and not the value of his business, i.e., customers, good will, etc. Mr. Hazen stated that he thinks the cost approach is the most valid approach in determining values. Mr. Hazen submitted information of properties in the City of Loveland, with a breakdown of how much each is being assessed, and he noted he is the highest one.

Ms. Wagner reviewed the salient facts and conclusions included in the Assessor's packet of information; she noted that after consideration of the cost, market and income approaches, it is the Larimer County Assessor's opinion that a reconciled value of $574,917 most accurately reflects the value of the subject property for the 1995/1996 tax years. She stated that there were no market comparisons in Loveland, but they did account for that and made a 15% adjustment, they allowed for a 20% vacancy rate, and they made an adjustment for location. Ms. Wagner noted that she thinks the market and income approaches are the best approaches to determine value; she stated that what the Assessor's staff looks at is fair market value for the property--what the property would sell for on June 30, 1994. Questions from the Board and discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement for Catch All Mini Storage for Parcel #95250-00-039 for 1995/96, and support the Assessor's valuation on this property for $574,917.

Motion carried 2 - 0.

2. THE MULBERRY PARTNERSHIP - PARCEL 397114-26-011 FOR 1995/96: Priscilla Siano stated she doesn't understand how comparable properties are selected and she thinks they should be in similar neighborhoods and used in the same way and of similar size. Ms. Siano discussed the comparables used in this case and noted that their assessment increased 81.2% and their property is not average quality and she asked why there is such a discrepancy; she asked why the comparables' taxes dropped for this period and their taxes increased and she would like to be treated fairly and equitable. Ms. Siano stated that no recent improvements have been made to the property, and there are problems with the roof; therefore, she requested that the valuation as of June 1994 be adjusted to the estimated median increase for the Fort Collins/Loveland area of 7.5% and stated that $191,300 is her estimate of fair actual value.

Ms. Ring stated that she did not know there were problems with the roof; she reviewed the salient facts and conclusions in the Assessor' packet of information. Ms. Ring stated that adjustments were made for size, location, condition and age, and after consideration of the cost, market and income approaches, a reconciled value of $445,800 was reached; therefore, it is the Larimer County Assessor's opinion that the subject property is under-valued for the 1995/96 tax years and recommend that the value of $322,500 placed on this property be upheld. There was much discussion of the comparables; Ms. Murray submitted information on the comparables and agreed that the assessed value on comparable #2 is too low, but #1 and #3 are correct.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement for The Mulberry Partnership for Parcel #97114-26-011 for 1995/96 and uphold the value of $322,500 on this property.

Motion carried 2 - 0.

3. THE MULBERRY PARTNERSHIP - PARCEL 97114-26-013 FOR 1994/95/96:

Ms. Ring stated that for the 1994 tax year, the Assessor's Office is recommending an adjustment from a value of $280,000 to $235,000. Ms. Siano discussed the comparables used to determine value and stated that it seems to her that the immediate neighbors would be more appropriate for comparables; she noted that the assessed values of those buildings are $24, $33, $36 and $37 per sq. ft. and their property is assessed at $63.78 and she asked why there is such a discrepancy. She stated that the buildings in their block are all professional office buildings and fairly similar in size, and yet their taxes are so much lower. Ms. Ring stated she will check on this to determine why these four properties are assessed so much lower, if necessary make the necessary corrections, and report back to the Board; therefore, the Board decided not to make a decision on this matter today.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table their decision on the Petition for Abatement for Parcel No. 97114-26-013 for tax years 1994/95/96 until May 27, 1997 at 2:30 p.m., unless the Assessor's Office and petitioner are able to agree on a reduced amount of their assessment, in which case the Board will approve the amount they mutually agree upon for 1994/95/96.

Motion carried 2 - 0.

The hearing adjourned at 3:00 p.m.

THURSDAY, MAY 22, 1997

MEETING FOR APPROVAL OF REFUNDING REVENUE BONDS

CSURF PROJECT - SERIES 1997

The Board of County Commissioners met at 9:20 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Dave Dwyer, Attorney for CSURF; Stan Solocky and Kristin Stewart from A.G. Edwards in Denver; David Scott, Bond Counsel from Hogan & Hartson; Julie Birdsall, Corporate Secretary for Colorado State University Research Foundation (CSURF); and County Attorney George Hass. Recording Clerk, S. Graves.

Mr. Dwyer stated that the purpose of today's meeting is to request the Board to consider approving the bond purchase agreement and transaction which would refund the 1989 bonds that were issued to finance the office building that CSURF and the University occupies at 601 So. Howes; he noted that the documents have been reviewed and approved by Mr. Hass. Mr. Scott continued that this transaction is for a refunding of currently outstanding bonds which the County issued on behalf of CSURF, the purpose being to take advantage of lower interest rates and to lower the debt service on those bonds; he noted there is six years maturity remaining on the bonds. Mr. Scott requested Board approval of the resolution approving this transaction, as well as a filing package for the County Clerk's Office which includes all the documents involved; he noted that the closing is scheduled for June 4, 1997.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution authorizing the issuance and sale of the County's Refunding Revenue Bonds for the Colorado State University Research Foundation Project (CSURF), Series 1997 in the Aggregate Principal Amount of $3,695,000 to finance a project for CSURF; ratifying certain action heretofore taken; authorizing the execution and delivery by the County of a Mortgage and Loan Agreement, Indenture of Trust, Escrow Agreement, Bond Purchase Agreement, such bonds and closing documents in connection therewith; approving the form of official statement; making determinations as to the sufficiency of revenues and as to other matters related to the project; and repealing action heretofore taken in conflict herewith, and authorize the Chair to sign all the documents.

Motion carried 3 - 0.

R97-55g RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE

COUNTY'S REFUNDING REVENUE BONDS FOR THE COLORADO

STATE UNIVERSITY RESEARCH FOUNDATION PROJECT, SERIES

1997

The meeting adjourned at 9:30 a.m.

_______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clark

______________________________________

Gael Cookman, Deputy County Clerk

_____________________________________

Mitzi A. Zmerzlikar, Deputy County Clerk

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