Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 30, 2000

There are no land use items for this date.

PETITION FOR ABATEMENT HEARING

(#666)

The Board of County Commissioners met at 3:00 p.m. with Bonnie Swartz, Senior Appraiser; Chair Olson presided and Commissioners Disney and Rennels were present. Also present was Jean O'Connor, Recording Clerk. Petitioners Carol Ray, Owner of Integrated Media and Marketing, LLC (IMM) and Sharon Mayer, tax assistant were also present via telephone from South Dakota.

Ms. Swartz stated the County Assessor is recommending denial of the petition and noted a lack of response from the petitioner to numerous staff inquiries and a tardy filing of a petition for abatement or refund of taxes precipitated this decision. Ms. Swartz noted that staff had also performed a site audit and provided the local manager with computer printout of the assets valued on the account and was not notified of any discrepancies before the 1999 tax roll was written.

Ms. Ray stated that she had changed accounting firms during this time and any notice or printouts were not forwarded to her either via mail or the previous local manager. Ms. Mayer noted that, at minimum, IMM should not be assessed for equipment that was not used in 1999.

Much discussion ensued regarding inventory of assets provided in past years. Commissioner Rennels stated that the Assessor based the IMM assessment on information that was available and without objection from the owner or local manager. Commissioner Rennels noted that there has been no compelling evidence presented to change the recommendation of denial.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the recommendation of the County Assessor and deny the petition for abatement for Integrated Media and Marketing, LLC Schedule #8145091.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:45 p.m.

TUESDAY, OCTOBER 31, 2000

ADMINISTRATIVE MATTERS

(#666 & 668)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were George Hass, County Attorney and Jeannine Haag, Assistant County Attorney; Dr. LeBailly, Health Director; Chip Steiner, Fairgrounds and Events Center Project Coordinator; Dave Spencer, Facilities Director; K-Lynn Cameron, Open Space Manager; Donna Hart, Commissioner's Administrative Manager; and Deni La Rue, Community Information Officer. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: The Board is available to the public from 9:00 a.m. to 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 23, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of October 23, 2000 as presented.

Motion carried 3 - 0.

  1. APPROVAL OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 6, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of November 6, 2000 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the consent agenda of October 31, 2000:

ACTION ITEMS: Revision to Policy BCC P#6- Authority Granted to the County Manager

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Bartley; The Beer Store; Boss Associates, Inc. (2); Diamant; Herrera; Munchin House; One Hour Photo; Padilla; Palmer; Richards; and Saye.

AGREEMENTS:

A00-146 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND CREATING THE LOVELAND LARIMER BUILDING AUTHORITY

A00-147 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DIAMOND FARMS RELATING TO DEVELOPER'S OBLIGATIONS IN THE DIAMOND FARMS RURAL LAND USE PLAN 00-S1551

A00-148 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY MANAGER REGARDING COUNTY MANAGER RETIREMENT PLAN

R00-221s FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF TIMBERLINE INDUSTRIAL PARK PUD

R00-222g FINDINGS AND RESOLUTION APPROVING THE VACATION AND RELOCATION OF UTILITY EASEMENT OF LOT 2, FRY MINOR RESIDENTIAL DEVELOPMENT

R00-223s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY AND RIGHT-OF-WAY EASEMENT IN CRYSTAL LAKES PUD 15TH, LOTS 86 & 87

R00-224s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKE 5TH FILING, LOTS 85 & 87

R00-225s FINDINGS AND RESOLUTION APPROVING THE CHARLOTTE'S FARM PRELIMINIARY RURAL LAND PLAN

R00-226s FINDINGS AND RESOLUTION APPROVING THE WESTVIEW RURAL LAND PLAN AMENDMENT

R00-227s FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN FOSSIL LAKE PUD 1ST FILING, LOT 14 BLOCK 3

R00-228s FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF SWIFT PONDS PRELIMINARY RURAL LAND PLAN

R00-229s FINDINGS AND RESOLUTION APPROVING THE MARTHA'S FARM PRELIMINARY RURAL LAND PLAN

R00-230g RESOLUTION AMENDING THE TRANSFERABLE DENSITY UNIT SENDING AREA AS DESIGNATED IN THE TECHNICAL SUPPLEMENT TO THE LARIMER COUNTY LAND USE CODE

R00-231g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUTNY DEPUTY CLERK AND RECORDER

R00-232s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR DIAMOND FARMS RURAL LAND PLAN

R00-233g RESOLUTION TO INCREASE ALTERNATIVE SENTENCING FEES

R00-234g RESOLUTION AUTHORIZING ADOPTION OF RETIREMENT PLAN

MISCELLANEOUS: The Woods at Ptarmigan 4th Filing Amended Plat; Ludwick Farms Rural Land Use Plan Amended Plat for Lots 5,8 and Open Space; Diamond Farms Rural Land Use Plan Final Plat.

LIQUOR LICENSES: The following licenses were approved Seven Eleven Store- 3.2%- Fort Collins, CO and Windjammer Liquors- 6%- Loveland, CO. The following licenses were issued City Limit Liquor- 6%- Fort Collins, CO Temporary and Horsetooth Junction- 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

5. RETAIL FOOD LICENSE FEES: Dr. LeBailly requested feedback from the Board regarding the State Food License Fee Proposals on increasing licensing fees for food establishments to cover a greater portion of the costs of providing these services. Dr. LeBailly stated the establishments currently pay approximately 20% of the costs and the proposals seek 22% and freezing this fee increase for a five years. Commissioner Rennels notes concern over the "freeze" and believes, at minimum, should include a cost of inflation factor per year. Chair Olson agreed and Commissioner Disney stated that the public/establishment benefit of this service is 50/50. Commissioner Rennels noted that over a period of time, the cost ratio for establishments should be raised to 50% of the cost. The Board also agreed in the flexibility of fees from county to county instead of a set statewide fee.

  1. COMMITTEE RECOMMENDATIONS FOR THE FAIRGROUNDS
  2. PRIVATE PARTNERSHIP: Mr. Steiner stated that two responses were received for this partnership and the committee has selected International Coliseum Company (ICC) who also proposes management of the event center. ICC, Mr. Steiner continued, is affiliated with the World Hockey League Association and potentially, would bring a hockey team to the center therefore requested 37 nights be reserved for this purpose. Commissioner Rennels noted that the recommendation from the committee is a win/win situation for Larimer County and residents. Mr. Steiner requested authorization to enter into an Exclusive Right to Negotiate with ICC. Commissioner Disney expressed concern with such authorization without having more background information on how the decision was reached. Mr. Hass concurred and suggested an Executive Session be scheduled for further discussions to establish a negotiating position. The Board concurred.

    EXECUTIVE SESSION

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners go into executive session at 10:00 a.m. for confidential legal advice.

    Motion carried 3 - 0.

    Executive Session ended at 10:15 a.m.; the following action was taken: Discussion of

  3. RECOMMENDATIONS FOR THE SELECTION OF DESIGN BUILDING FIRM FOR COUNTY ADMINISTRATION BUILDING: Commissioner

Disney also requested a worksession to obtain additional background information on this recommendation. Commissioner Disney stated that the request made during public comment, to table a decision on this selection in order to allow Alliance to provide additional information/clarification, be denied because the Board would be required to re-open the process to all applicants again.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table decisions regarding Recommendations for the Fairgrounds Private Partnership and Recommendations for the Selection of Design Building Firm for the County Administration Building until after discussions to establish negotiating positions at an Executive Session scheduled for Monday, November 6, 2000 at 10:00 a.m. can take place.

Motion carried 3 - 0.

8. COUNTY ATTORNEY SERVICE AGREEMENT FOR 2001: Chair Olson stated that the historical background knowledge of this firm is and will be beneficial to the new commissioners. Commissioner Disney noted that this firm is consistently below the cost of the other large county attorney costs.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a modification for a contract extension for the Larimer County, Colorado County Attorney Service Agreement for 2001.

Motion carried 3 - 0.

A00-149 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIOINERS AND HARDEN HASS HAAG & HALLBERG PC FOR ATTORNEY SERVICES FOR 2001

9. RIMROCK RANCH OPEN LAND ACQUISITION RESOLUTION: Ms. Cameron stated the acquisition will add to the current open space located just south of Horsetooth Reservoir in the foothills between Fort Collins and Loveland. This property, Ms. Cameron continued, is an ideal location for a regional foothills trail running south from Horsetooth Reservoir and connecting to the trail at the Coyote Ridge Natural Area to the east and/or the Devil's Backbone Nature Trail.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the acquisition of Rimrock Ranch.

Motion carried 3 - 0.

R00-235g RESOLUTION FOR RIMROCK RANCH OPEN LAND ACQUISITION- WHITE CHARITABLE TRUST

10. ENOS MILLS CONSERVATION EASEMENT RESOLUTION: Ms. Cameron stated that members of the Estes Valley Land Trust (EVLT) were present to provide information to the Board regarding efforts in the Enos Mills Conservation Easement and request approval for the County's participation. Mr. Jim Newman spoke of the efforts made by the EVLT and unforeseen circumstances in obtaining this easement; Mr. Kim Barrier, Greg White and Wendell Amos were also present. The Board applauded the efforts of the EVLT and their diligence.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the resolution to participate in the Enos Mills Conservation Easement.

Motion carried 3 - 0.

R00-236g RESOLUTION TO APPROVE PARTICIPATION IN THE ENOS MILLS CONSERVATION EASEMENT

11. 1ST READING OF RESOLUTION AND ORDINANCE CONCERNING ANIMAL CONTROL AND DOG LICENSING: Mr. Gluckman provided background on the recommendations from the Animal Task Force which resulted in this ordinance and noted a public hearing will be held on December 11, 2000 in the evening.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the 1st reading of the Resolution and Ordinance concerning Animal Control and Dog Licensing as presented.

Motion carried 3 - 0.

12. WORKSESSION: Mr. Gluckman requested the Board review and provide comment on policy governance by Friday, November 3, 2000. Mr. Lancaster updated the Board on discussions regarding the proposed changes for RVs and RV Parks in the Land Use Code. Mr. Lancaster noted that the item has been removed from all agendas, those attending the discussion chose members to represent them on a committee, and all appeared to have left feeling good about discussions with staff.

13. COMMISSIONER REPORTS: Commissioner Rennels stated she had driven by Lenora's property and clean-up efforts have been significant. Commissioner Disney noted that he and Ms. Cameron had taken Commissioner Ron Stewart of Boulder hiking to show him the aesthetic value in connecting Red Tail Ridge Trail to the Rabbit Mountain Open Space.

There being no further business, the meeting adjourned at 11:00 a.m.

The Board of County Commissioners met with Frank Lancaster, County Manager at 2:10 p.m.; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were K-Lynn Cameron, Open Space Manager; Jerry White, County Right-of-Way Agent; Marc Engemoen, Director of Public Works; and Larry Kendell, Real Estate Agent.

EXECUTIVE SESSION

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 2:10 p.m. to discuss land negotiations.

Motion carried 3 - 0.

Executive Session ended at 2:30 p.m.; no action was taken.

_____________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK AND RECORDER

S E A L

(A T T E S T)

____________________________________

Jean M. O'Connor, Clerk to the Board

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