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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 31, 2004

Larimer County was closed this date in observance of Memorial Day.

TUESDAY, JUNE 1, 2004

ADMINISTRATIVE MATTERS

(#64)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Don Griffith, Bill Nelson, and Jim Alderden, Sheriff's Office; Donna Hart, Deni La Rue, and Melinda Keen, Commissioners' Office; Jeannine Haag, Assistant County Attorney; Geniphyr Ponce-Pore, Planning Department; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Mr. Kelly Ohlson addressed the Board regarding potential options for ballot language regarding 5 Commissioners and suggested the Board not include a tax in the ballot language.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 24, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 7 & 14, 2004: Ms. Hart reviewed the schedules with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

06012004R001 FINDINGS AND RESOLUTION APPROVING THE CRYSTAL LAKES 16TH FILING SECTION 5.3.2.H APPEAL

06012004R002 FINDINGS AND RESOLUTION APPROVING THE PERRINE SUBDIVISION PRELIMINARY PLAT

06012004R003 FINDINGS AND RESOLUTION APPROVING THE ARNDT MINOR LAND DIVISION

06012004R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT LOT CONSOLIDATION IN CEDAR PARK 2ND FILING LOTS 17 & 24

06012004R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN FLETCHER MINOR RESIDENTIAL DEVELOPMENT LOTS 1 & 2

06012004R006 FINDINGS AND RESOLUTION DENYING THE ELLIS RANCH RURAL LAND USE PLAN APPEAL TO APPENDIX G

06012004R007 FINDINGS AND RESOLUTION APPROVING THE PRAIRIE VIEW ESTATES CONSERVATION DEVELOPMENT GENERAL DEVELOPMENT PLAN

06012004R008 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND RIGHT-OF-WAY VACATION IN LARIMER TERMINALS

06012004R009 FINDINGS AND RESOLUTION APPROVING THE WILD VALLEY NORTH PRELIMINARY RURAL LAND PLAN

06012004R010 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT LOT CONSOLIDATION IN MEADOWDALE HILLS 2ND FILING LOTS 91 & 92

06012004R011 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT LOT CONSOLIDATION IN CRYSTAL LAKES 14TH FILING LOTS 46 & 47

06012004R012 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF DAPPER DOG KENNEL

06012004R013 AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF DRY CREEK STORAGE PLANNED UNIT DEVELOPMENT

06012004R014 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF WIND RIVER RANCH

06012004R015 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN RAMONA HEIGHTS SUBDIVISION LOT 18 BLOCK 18 AND LOTS 2A, 2B, 3A, AND 3B OF BLOCK 19

06012004R016 FINDINGS AND RESOLUTION APPROVING THE LARIMER COUNTY LANDFILL EXPANSION REZONING

06012004R017 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN HILL CONSERVATION DEVELOPMENT LOT 24

06012004R018 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF TRACTS E & F OF THE GIBSON EXEMPTION

06012004R019 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN INDIAN CREEK MEADOWS, LOT 9

06012004R020 FINDINGS AND RESOLUTION APPROVING THE LAKESHORE MARINA CONDOMINIUMS

06012004R021 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN IDEAL HOMESITES 1ST FILING LOTS 5 & 6 CONSOLIDATION

06012004R022 FINDINGS AND RESOLUTION APPROVING THE VACATION OF THE PUBLIC RIGHT-OF-WAY ON COUNTY ROAD 19

06012004R023 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PUBLIC RIGHT-OF-WAY ON COUNTY ROAD 64

06012004R024 RESOLUTION APPROVING CERTIFICATION OF DESIGNATION FOR LANDFILL EXPANSION

LIQUOR LICENSES: The following licenses were both issued and approved: Rocky Mountain Gateway- Hotel & Restaurant- Estes Park, CO; Rocky Mountain Gateway- 3.2%- Estes Park, CO; and Loveland Country Store- 3.2%- Loveland, CO.

Motion carried 2 - 0.

Mr. Lancaster stated that a special event liquor license permit request from the Boys and Girls Club was not submitted in time and requested the Board approve it since there will not be Administrative Matters next week.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a 6% Special Event Permit for the Boys and Girls Club of Larimer County.

Motion carried 2 - 0.

5. EXTENSION OF FIRE RESTRICTIONS IN LARIMER COUNTY: Sheriff Alderden requested the Board extend the current Fire Restriction Resolution to August 1, 2004 and noted that Larimer County is still under drought conditions. Commissioner Bender asked if the National Forests are going to restrict fires and Sgt. Griffith stated that they currently have a prescribed burn schedule to complete and that they would not be initiating a restriction at this time. Major Nelson stated that the request to extend the fire restriction is not made lightly and Sheriff Alderden noted that suppression efforts are the responsibility of the County and volunteer fire departments. Sgt. Griffith stated heavy aircraft use in fire suppression, have been grounded and that single engine planes and helicopters would be in high demand this summer.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution extending the Fire Restrictions in Larimer County to August 1, 2004.

Motion carried 2 - 0.

06012004r025 RESOLUTION DECLARING FIRE RESTRICTION IN LARIMER COUNTY

6. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen requested the Board approve the following appointments to the following Boards (* acknowledges a waiver of term limit) All terms commence on July 1, 2004: Board of Health- Blair Trautwein- 5-years expiring June 30, 2009; Core Services/Placement Alternatives Commission- Valerie Macri-Lind, Suzanne Sharkey, and Libby Stoddard- 3-years expiring June 20, 2007; Estes Valley Board of Adjustment- Jeff Barker- 2-years expiring June 30, 2006; Office on Aging Advisory Council- Paul Bell, *Barbara Nuss, Karen Reinhardt, *Mary Shulz, Lloyd Spaun, and *Harold Wilson- 3-year terms expiring June 30, 2007; Reginald Kemp, Sr. and Olivia Larry- 2-year terms expiring June 30, 2006; and Paulette Pardun- 1-year term expiring June 30, 2005; Rural Land Use Board- Lauren Light- 3-year term expiring June 30, 2007.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the appointments to Boards as presented and outlined above.

Motion carried 2 - 0.

7. WORK SESSION: Mr. Lancaster stated that he would be on vacation next week and Mr. Gluckman would be available if necessary.

  1. LEGAL MATTERS:

EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:15 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 10:30 a.m.; no action was taken.

There being no further business, the meeting adjourned at 10:30 a.m.

LAND USE HEARING

(#65)

The Board of County Commissioners met with Russ Legg, Chief Planner; Chair Rennels presided and Commissioners Bender and Gibson presided. Also present were Karin Madson and Matt Lafferty, Planning Department; Dave Shirk, Estes Park Planning; Greg White, Estes Park Attorney; Jeannine Haag and Dave Ayraud, County Attorney' Office; Doug Ryan, Health Department; Traci Downs, Engineering Department; Chief Dorman, Estes Park Volunteer Fire Department; Mayor Baudek, Estes Park Mayor; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the following item is consent and would not be discussed unless requested by the Board or members of the audience.

  1. AMENDED PLAT OF LOTS 54, 55 AND 56 OF THE FORT COLLINS INDUSTRIAL PARK 1ST FILING: A PORTION OF THE SE 1/4 OF SECTION 7; T7N; R68W; MORE SPECIFICALLY LOCATED ON THE NW CORNER OF COMMERCE DRIVE AND HEATH PARKWAY

This is a request for an Amended Plat to adjust the property lines between Lots 54, 55 and 56 of the Fort Collins Industrial Park 1st Filing. Staff findings include 1. The proposed Amended Plat for Lots 54, 55 and 56 of the Fort Collins Industrial Park 1st Filing Subdivision complies with the review Criteria of the Larimer County Land Use Code for Amended Plats; 2. The proposed Amended Plat for Lots 54, 55 and 56 of the Fort Collins Industrial Park 1st Filing Subdivision will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented for signature 1. Prior to the Recordation of the Amended plat the applicant shall resolve all of the issues raised by Dale Green as found in the referral letter from the County Engineering Department dated May 6, 2004.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

2. ESTES PARK FIRE PROTECTION DISTRICT: THE TOWN OF ESTES PARK AND UNINCORPORATED AREA AROUND THE TOWN OF ESTES PARK

This is a request to form a new Fire Protection District. Staff findings include 1. A proposed service plan for the Estes Park Fire Protection District was filed with the Larimer County Clerk and Recorder pursuant to State statute; 2. Notice of the proposed service plan was mailed to all taxing authorities within three miles of the proposed district pursuant to State statute; 3. A copy of the proposed service plan was sent to all referral agencies in the area to be served by the proposed district; 4. The Larimer County and Estes Valley planning commissions have both reviewed and recommended approval of the proposed service plan; 5. The findings of the Board of County Commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners, planning commission[s], and any interested party. Staff recommendation is approval of the proposed service plan for the Estes Park Fire Protection District.

Mr. White stated the purpose of this hearing is for the Board to review and determine if the proposed Service Plan meets State statute requirements. If the Board determines the Plan does meet the requirements, the next step is to proceed to district court and request that an order be filed to place the Plan on the ballot before the voters within the proposed district, whether they be property owners and/or residents. Mr. White also noted a few revisions to the proposed 2005 and requested the Boards' approval.

Chief Dorman stated that the current volunteer department employs himself and a secretary and provides services such as EMT, search and rescue, HazMat cleanup, wildland fire mitigation work, fire inspections, child safety seat inspections and development review, and that the current maximum response time of 15-minutes.

Mr. White noted that the service plan proposes to continue current services in Town and in the surrounding unincorporated Estes Park for a total of 90- square miles and all properties not currently serviced by an organized fire district. The proposed district, Mr. White continued would be funded with an assessed mill of 3.5, which would allow the district to maintain current services and obtain new equipment without being subsidized by the Town. Mr. White clarified that the District would remain volunteer, wages would continue to be paid to the chief, secretary and that a trainer may be hired.

Mr. White explained that notice of this hearing was sent to all 9000 citizens within the proposed district, which also informed residents and businesses that they can make a request to the Board to be excluded from the district.

Commissioner Bender asked how services and response time would improve and Mr. White stated the intent is to increase response time, purchase fire apparatus, and hopefully establish "satellite stations" in the more remote areas.

Mayor Baudek stated that the formation of a district has been considered for several years and that the cost to the Town's general fund has increased to $500,000/year and that in the face of budget cuts, the Town just can't continue that subsidy.

Ms. Madson read for the record, a list of citizens/businesses requesting to be excluded from the district. (This list of record can be found in the official file in the Planning Department)

Mr. Shirk noted staff findings and that the service plan also complies with the Town Master Plan.

Commissioner Bender asked what would happen if a call was received from an exempted resident/business. Chief Dorman stated that the district would not legally be obligated to respond to the call but a moral obligation would be to provide the service at no cost. Chair Rennels asked if the district could bill the resident/business and Chief Dorman replied that that avenue has not been researched. Other discussion ensued regarding the affect exclusions may have on homeowner insurance.

Chair Rennels asked if exclusion were granted but at a later date a citizen changed their mind, could they then be included? Chief Dorman stated future inclusion would be at the discretion of the District Board.

At this time the hearing was opened to the public and Mr. Ernie Petrocine stated that he is not against the fire department and the services it provides, but expressed concern with a 5 or 6-member board making decisions, which could affect 9000 residents. Mr. Petrocine suggested consideration be given to the Town monitoring the district. Mr. Petrocine also expressed concern with the precedent this action could set and asked if a police district and/or street and light district would be next. Mr. Petrocine stated that the mill is not fairly based, since he already pays 29% taxes on his family business and another 7+% for his resident and would now be assessed another 3.5 mills for both the business and the residence. Mr. Petrocine asked that the following questions be answered: 1. What was the total dollars received by the fire department from a) donations and b) the Town; 2. What will the Town do with the revenue no longer spent on the fire department; 3. The contribution letter should suggest a dollar amount for a household, business, vacant parcel, rental unit; 4. The Town should be cutting costs- property taxes have increased 11.24% over the past 21-years.

Ms. Ima Matthies stated support for the district and requested that residents not be authorized to "opt out" of the district. Ms. Matthies stated that she was evacuated during the Big Elk Meadows fire and realized that the Sheriff's personnel and the volunteer fire department need more assistance then is currently being provided from the Town or through contributions.

Mr. Fred Garrabrant stated that he was a volunteer fire fighter in New Jersey for 43 years and was surprised to read that there is an "opt out" clause in the service plan. Mr. Garrabrant stated that the Commissioners are responsible for public safety and that the "opt out" option could cause a liability to adjacent property owners of those who opted out. Mr. Garrabrant stated that he is in favor of the District, but not the "opt out" option.

Mr. Milne stated that he is in favor of the district and was surprised that 3.5 mills could raise $843,000 per year.

Mr. Warren Milne, acting Chief of Eaton Fire District, stated that he supports the proposed fire district 100% and noted that "opting out" should not be an option- this is a fairness issue.

Mr. Westley Hoffman also stated that exclusions are wrong and could impact adjacent property owners who are in the district. Mr. Hoffman asked if the 3.5 mill could increase and Mr. White replied that an increase could only occur at the request of the voters.

Mr. Robin Eldridge, owner of three RV parks noted that he is surprised that the mill is so low, however it would cost him $5,000 in additional taxes, which is a burden to businesses. Mr. Eldridge asked why residents were not notified of the hearings before the Town Planning Commission or the County Planning Commission? Mr. Legg stated that, in accordance with the statute, notice was posted in the Trail Gazette and Loveland papers. Mr. Eldridge requested that consideration be given to the Town contributing $250,000 and reduce the mill to 2%. Mr. Eldridge stated that over all, he favors the district, but prefers additional discussions with the general public.

Mr. Milne stated that the cost of new equipment has not been mentioned, but 3.5 mills "just isn't going to cut it."

At this time the hearing was closed and Mr. White rebutted that notice was published and that between his office and staff, over 200 phone calls were received. Mr. White explained the Gallegher Amendment to the State Constitution, which set property assessments and therefore the Board can not reduce the 29% charged to businesses. Mr. White also noted that he, and several residents, disagree with the Town being involved with the district, and that as proposed, all residents would have a say in district matters. Mr. White further noted that $140,000 annually would be dedicated to the purchase of equipment. As for income, Mr. White continued, $541,317 was received from the Town but the district had $660,303 in expenditures. Mr. White stated that fire and police services are paid for as a group and that everyone hopes we never need those services and therefore believes the "opt out" option is unfair.

MOTION

Commissioner Gibson moved that the Board of County Commissioners re-open public comment.

Motion carried 3 - 0.

Mr. Milne asked if the Town would still be liable for the employee and Mr. White stated that the Town would continue to fund the district until such time that sufficient funds have been raised through taxes.

Mr. Garrabrant asked how residents could apply to be on the District Board and Mr. White stated that if Commissioners and District Court approve the Service Plan, then notice would be advertised in area papers for resident participation on the District Board.

Mr. Petrocine expressed concern with the share of taxes to be paid by commercial businesses verses that paid by residential and Chair Rennels agreed, but explained that voters approved the Gallagher Amendment to the State Constitution.

Mr. Eldridge asked why there was no notice for the planning commission hearings and Mr. White stated that commission agendas are publish and notice is regulated by State Statute, which states that "...not more than 30-days notice nor less than 20-days shall be provided".

Mr. Legg stated that it is the position of staff that no exclusions be allowed.

At this time the hearing was closed and Chair Rennels stated that a district was formed in the Livermore area and some residents did opt out. However, it is within the purview of the District Board to bill residents who receive services but had opted out.

Commissioner Gibson stated that the "opt out" option exists without being specified in the Service Plan, all one needs to do is sell their property. Commissioner Bender stated that mountain terrain exposures do affect neighbors and he that he does not support an "opt out" option.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Estes Park Fire Protection District without an "opt out" option and the amendments to the 2005 budget as provided by staff.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:45 p.m.

WEDNESDAY, JUNE 2, 2004

PETITION for ABATEMENT HEARINGS

(#67 & 68)

The Board of County Commissioners met with Darren Dahlgren, Assessors' Office; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Steve Miller, Agent for the Petitioners and Jean O'Connor, Clerk to the Board.

Mr. Miller stated that the first petition is from Stephen Starr, schedule #R1348396. Mr. Miller provided multiple comps for his clients' property and stated that the comps provided by staff were a distance from the subject property. Mr. Miller explained assessment values, associated ratios and median values. Mr. Miller provided several spreadsheets in support of actual sales verses assessed values and noted that staff had already adjusted over 50% of the 118 homes that were overvalued.

Mr. Dalhgren asked why, in determining the sales ratio, Mr. Miller did not use the adjusted values staff had made when calculating. Mr. Miller replied that, when calculating, all homes must be considered, not just the ones that had been adjusted. Chair Rennels asked how staff justified their denial with all the evidence provided by Mr. Miller. Mr. Dalhgren stated that the Assessor looks at dollars per square foot and the amount of finished area. Mr. Miller stated that the Assessor's responsibility is to spread the tax burden evenly and fairly over all properties, and should not review on an individual basis.

Commissioner Gibson stated that he has run some numbers and the calculations are very close to the Assessor's value, so he supports the Assessor.

Chair Rennels noted that in looking at the properties already abated by the Assessor, she believes an adjustment should be made, but perhaps not as low as proposed by the petitioner and suggested up to $10,000.

Commissioner Bender stated that he must yield to Chair Rennels experience, but that he is not sure of the bottom line and Commissioner Gibson stated that he has a bottom line.

MOTION

Commissioner Bender moved that the Board of County Commissioners agree with the assessed value as provided by the Assessor of $320,000.

Commissioner Gibson requested an amendment to the motion reducing the value to $310,300; Commissioner Bender concurred.

Motion carried 3 - 0.

Mr. Miller stated the second petition is from Kelly and Pamela Benson, schedule #R0671860 and noted that the Assessor has reduced the value down to $245,400, however the petitioner is requesting a value of $236,400.

Chair Rennels stated that the subject property came in substantially higher than the other already abated properties and asked why this one was not lowered. Mr. Dalhgren stated that he based the value on square footage and relied on the 2nd comp. Chair Rennels stated that she agrees with the value requested by the petitioner.

MOTION

Commissioner Gibson moved that the Board of County Commissioners adjust the value of schedule #R0671860 to $236,4000.

Motion carried 3 - 0.

Mr. Miller stated that the third petition is from Thomas B. Grain, schedule #R0101648 and provided exhibits showing comps and justification for an adjustment. Mr. Miller further noted that the comps provided by staff, one of them is for a two-story and the subject property is a split-level.

Chair Rennels requested justification from staff regarding the comps provided and Mr. Dalhgren stated that there are not many comps available.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve an adjusted value to $236,100 for schedule #R0101648.

Motion carried 3 - 0.

Mr. Miller stated that the next three petitions are in the same neighborhood and just blocks away from each other, so he requested that the Board allow him to present all three at the same time for consideration; the Board concurred. Mr. Miller stated the 1st for petition of the three for review is James and Sarah Stewart, schedule #R1471252 and presented comps regarding the subject properties and submitted exhibit #1, which showed that subject property is the only one that was protested and denied adjustment.

Mr. Dalhgren stated once again, that he utilized the best comps available and that the variations in adjustments could be due to the fact that several different appraisers work within the same subdivision, and that again, he looked at square footage.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the value provided by the Assessor of $385,400.

Commissioner Bender requested consideration of an amendment to the motion for a value of $371,100; Commissioner Gibson denied the amendment.

Motion failed 1 - 2 with Chair Rennels and Commissioner Bender dissenting.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a value of $371,100 for schedule # R1471252.

Motion carried 2 - 1 with Commissioner Gibson dissenting.

The second petition is from Mark and Pamela Pollack, schedule #R1543156, Mr. Miller stated and that the Assessor started at a value of $415,300 and lowered it to $400,000, but the petitioner is requesting a value of $385,600. Mr. Miller noted that in the Boards' packet, the spreadsheet notes that subject property is located adjacent to two other properties, which sold for $347,000 and $356,000. Mr. Dalhgren again stated that he based his value on square footage and the best comps available.

MOTION

Commissioner Gibson moved that the Board of County Commissioners adjust the value for schedule #R1543156 to $385,600.

Motion carried 3 - 0.

The final subject property, Mr. Miller stated is Phat and Han Ly schedule #R1543377 and petitioner requests an adjustment down to $379,400 and that the argument is the same as the previous item.

MOTION

Commissioner Bender moved that the Board of County Commissioners adjust schedule #R1543377 to $379,400.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 11:45 a.m.

______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_______________________________

Jean M. O'Connor, Clerk to the Board

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