Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, NOVEMBER 12, 1996

LAND-USE PLANNING MEETING

(#109)

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; Keith Schuett, Planner II; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerks, Marlene Carpenter and Sherry Graves.

Chair Clarke stated that a request has been received to table the Broadview Subdivision Amended Plat of Lot 3 (#96-SA0961) until November 25, 1996.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Broadview Subdivision Amended Plat of Lot 3 (#96-SA0961) until November 25, 1996, as requested.

Motion carried 3 - 0.

Chair Clarke noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. DOUGLASS LAKE RANCH ROAD STREET NAME CHANGE

(#96-OSO960): 02-08-69 - NORTH OF COUNTY ROAD 60, WEST OF

COUNTY ROAD 15

This is a request to name an unnamed road in a 35-acre development. Staff findings include: 1) Roads providing access to more than one lot should be named to facilitate addressing of the lots; 2) A road naming process was adopted to facilitate naming roads while avoiding duplications that would be troublesome to emergency service providers; 3) The proposed road name was reviewed by all appropriate agencies and no negative comments were received. The staff recommendation is for approval of the proposed road name Douglass Lake Ranch Road.

2. FOX ACRES FIRST FILING ENVELOPE D AMENDED PLAT

(#96-SA0959): 28-10-73 - NORTH OF RED FEATHER LAKES;

1.5 ACRES; E-ESTATE ZONING

This is a request to identify four lots for four existing dwellings in a building envelope. Staff findings are: 1) Fox Acres Country Club was approved in 1979; 2) The original approval included several building envelopes that were designed to accommodate several dwelling units. Envelope "D" was approved for ten dwelling units; 3) The proposed amended plat will establish lots for the last four dwelling units approved for Envelope "D"; 4) Small parts of open space are proposed to be added to Envelope "D" to accommodate the last four dwelling units. Minor adjustments are necessary to accommodate terrain, trees and other natural features; 5) 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 Envelope "D" and a Portion of the Common Properties of the Second Amended Plat of Fox Acres Country Club First Filing.

3. COTTON WILLOW ESTATES 6TH FILING, LOTS 4 & 5, AMENDED

PLAT (#96-SA0958): 30-08-69 - WEST OF LAPORTE; 9.74 ACRES;

FA-FARMING ZONING

This request is to reconfigure two existing lots. Staff findings include: 1) Cotton Willow Sixth Filing was approved in 1986; 2) This request is to move a lot line to allow an existing lot to have frontage on the Poudre River; 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 4 and 5, Cotton Willow Estates Sixth Filing.

4. COUNTRY MEADOWS PLANNED UNIT DEVELOPMENT PHASE III

RELEASE OF COLLATERAL (#95-MS0763):NE 1/4 22-06-68 ON THE

WEST SIDE OF COUNTY ROAD 5, SOUTH OF STATE HIGHWAY 392;

35.38 ACRES; 50 LOTS; E1-ESTATE

This is a request to release the collateral for Country Meadows PUD Phase III. Staff findings are: 1) Country Meadows PUD Phase III was approved and recorded in 1995; 2) The developer executed a Subdivision Improvements Agreement and provided collateral to secure the agreement. The improvements have been completed and the developer is requesting that the collateral be released; 3) The County Engineering Department has inspected all the street, drainage and erosion control improvements and recommends approval of the release; 4) Utility installations have been accepted by the appropriate utility companies and districts. The staff recommendation is for approval of the release of collateral for Country Meadows PUD Phase III and acceptance of the Warranty Collateral Agreement and collateral.

5. WESTERN PCS RADIO FACILITIES SPECIAL REVIEW (#96-ZR0910):

NW 1/4 10-05-68 - ON THE WEST SIDE OF I-25, NORTH OF U.S.

HIGHWAY 34 AT THE CLOVERLEAF DOG TRACK; AP-AIRPORT

ZONING

This is a request for Special Review to allow 1900 Mhz radio equipment to be placed on the mechanical penthouse of the race track structure at the Cloverleaf Dog Track. Staff findings include: 1) The proposed radio equipment will be located so as to cause the least amount of visual impacts; 2) Approval of this proposal will facilitate the use of personal communication systems in Larimer County; 3) Approval of this proposal with certain conditions, will not interfere with airport or other communications facilities in the area; 4) The approval of this request, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Planning Commission/Staff recommendation is for approval of the Western PCS Radio Equipment Special Review, with the following conditions: 1) Provide an analysis of the projected RF emissions for this facility and how those estimates compare with the FCC Standards to the County Health Department for their review prior to installing the equipment; 2) Sign an agreement with the City of Loveland Police Department which obligates Western PCS (and its successors, etc.) to the following: a) Provide the Police Department with the names and telephone numbers of emergency contacts from Western PCS and keep such list current; b) Should Western PCS's equipment block or interfere with Police equipment, Western PCS will raise the City's antenna at Western's expense; c) Should Western PCS's equipment cause any interference with the Loveland Police Department's equipment, Western PCS will disconnect their equipment immediately until the matter can be mutually resolved; d) All expenses associated with ensuring continued quality of Loveland's transmissions should be borne by Western PCS; 3) File a Form 7460-1 Notice of Proposed Construction or Alteration with the Federal Aviation Administration and provide a copy of such application to the Planning Department.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Douglas Lake Ranch Road Street Name Change (#96-OSO960); Fox Acres First Filing Envelope D Amended Plat (#96-SA0959); Cotton Willow Estates 6th Filing Lots 4 & 5 Amended Plat; Country Meadows Planned Unit Development Phase III Release of Collateral (#95-MS0763); and the Western PCS Radio Facilities Special Review (#96-ZR0910); each, with the conditions as outlined.

Motion carried 3 - 0.

6. LOCKMAN MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#96-EX0967): NE 1/4 OF SECTION 17, T8N, R68, SOUTH OF

COUNTY ROAD 58 (COLORADO HIGHWAY 1), 1/4 MILE EAST

OF COUNTY ROAD 9; 56.6561 ACRES; O-OPEN ZONING

This is a request to allow the processing of a MRD application on a property that does not meet the minimum application requirements (the property has been part of a previous approved exemption and a proposed parcel would not have direct access to a public road). Mr. Schuett described the proposal and reviewed the major concerns and issues. Staff findings are: 1) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for Minor Residential Developments to be processed on properties not divided since 1972 and which will have direct access to a public road; 2) The property was part of a previous exemption, and should the proposed Minor Residential Development be approved, one parcel would not have direct access to a public road; 3) Planning staff finds no unique or special conditions about this property or any public benefit to waiving the requirements of the regulations. One justification of waiving the requirements may be an economic benefit to the property owner; however, that justification could apply to virtually any other property in the county and is not a unique situation. The second justification is that the property has two Parcel Identification Numbers and the assignment of a Parcel Identification number does not constitute a separate legal parcel and this property was purchased as a single parcel as evidenced by the original deed to Mr. and Mrs. Lockman; 4) Approval of this appeal would set a precedent for this area for further Minor Residential Development appeals to further divide existing exemption lots; 5) The Planning Department is not likely to support the proposed division using the Minor Residential Development application process; 6) The approval of this appeal could incorrectly indicate to the applicant that the Board of County Commissioners will approve the resulting Minor Residential Development application; 7) Denial of this appeal will not prevent the applicant from applying for a subdivision. The staff recommendation is for denial of the Lockman Minor Residential Development appeal.

Questions from the Board and discussion followed; Rick Zier, attorney representing the applicants, stated that there are a couple of unique aspects to this proposal which would remove the precedent setting concern and he noted that the applicants understand that approval of this appeal does not assure approval from the Board of the minor residential development. Mr. Zier reviewed the history of the subject property and noted that since the Lockmans purchased the property in 1977, they have been under the impression that the property was divided into two parcels and they receive two tax notices; however, recently they were informed that the property is only one parcel and they are requesting that the two parcels be legally recognized as two parcels. Mr. Zier stated that the two issues which need to be addressed are access and lot-size compatibility and he questioned what is to be gained by going through a six-to-nine month full subdivision process when those issues will be addressed through the MRD process. Much discussion continued regarding the configuration of the property; Mr. Zier suggested broadening the request today by asking for permission to come to the Board with a MRD request with whatever configuration staff determines is the best one.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Duvall stated she supports the staff recommendation because there is not a special or unique condition indicating a public benefit for waiving the regulations and she is concerned about setting a precedent for the area; Commissioner Disney concurred. Chair Clarke agreed there is no public benefit to be gained, but stated that there is also not a lot of public benefit to be gained if this proposal goes through the full subdivision process.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Lockman Minor Residential Development Appeal (#96-EX0967).

Motion carried 2 - 1; Chair Clarke dissenting.

The meeting recessed at 3:30 p.m.

JOINT HEARING WITH ESTES PARK TOWN BOARD

REGARDING THE ESTES PARK COMPREHENSIVE PLAN

The Board of County Commissioners reconvened at 7:30 p.m. for a joint hearing with the Estes Park Town Board regarding the Estes Park Comprehensive Plan. In addition to the Estes Park Town Administrator, Attorney, and Board members, Commissioners Clarke, Disney and Duvall attended. Recording Clerk, Vickie O'Connor, Estes Park Town Clerk.

Mayor Dekker called the meeting to order and welcomed the Larimer County Commissioners. Mayor Dekker noted that the new Comprehensive Plan Project began approximately three years ago with 21+ neighborhood meetings being held in the interim in the entire valley area. At those meetings, citizen concerns were received, the most common of which was the desire to maintain the existing character of their neighborhoods; in addition, staff also wrote to everyone concerned soliciting their comments, giving them their proposed zoning, and from resident responses, staff attempted to address concerns, while maintaining the integrity of the Comprehensive Plan. It was noted that now it is time for both government agencies to refer the Plan to each respective Planning Commission.

Town Attorney Gregory White explained that the Comprehensive Plan, which is being presented tonight, was prepared by Town staff, Larimer County staff, and others; he noted that the procedure for adoption is that each respective government agency is to refer the Plan to their respective Planning Commissions and it is the duty of each Planning Commission to adopt the Comprehensive Plan, not either Board/Commission. It was further noted that should any person in attendance have specific remarks concerning substance of the Plan and adoption, said remarks should be given at the joint public hearing before the Planning Commissions. Staff emphasized that the Comprehensive Plan is a plan and it merely guides the future land use in the valley--it does not rezone property, and it does not change the rules for development. Following adoption, should the Town and County desire to go further, they will have a guide and any proposed regulations can only occur with proper notice.

Senior Planner Joseph presented various Land Use Drawings of the Comprehensive Plan and it was not that draft copies of the Plan are available for review from the Community Development Office, and also at the Public Library. Mayor Dekker stated that the Public Hearing before the joint Planning Commissions is scheduled for December 3, 1996. At this time, the audience was given an opportunity to make comments regarding process; there were no further comments. Noting that the Plan has received extensive work and reflects good planning, it was moved and seconded (Doyle/Marshall) that the Comprehensive Plan be referred to the Estes Park Planning Commission for their consideration, and it passed unanimously.

Commissioner Clark called for discussion and Commissioner Disney commented that the elected officials' role is to adopt the Plan; however, as staff performed the work, he recognized Town Staff Stamey and Joseph, and County Staff Legg, and noted his appreciation for their efforts. There being no further discussion, the Larimer County Commissioners unanimously referred the Comprehensive Plan to the Larimer County Planning Commission for their consideration.

The hearing recessed at 7:45 p.m.

WEDNESDAY, NOVEMBER 13, 1996

ADMINISTRATIVE MATTERS

(#110 & #111)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Kathryn Rowe, Purchasing Agent; Carol Block, Finance Director; Rex Smith, Public Works Director; Russ Legg, Chief Planner; Doug Ryan, Environmental Health Planner; Ralph Jacobs, Human Resources Director; Doreen Kemp, Human Resources Specialist; Neil Gluckman, Assistant County Manager; Deni LaRue, Courthouse Expansion Project Coordinator; Joan Duchene, Commissioners' Office Supervisor; and Donna Hart, Community Information Manager. Recording Clerks, Mitzi Zmerzlikar and Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today for the Open Session for Public Comment.

2. DISCUSSION REGARDING SCHEDULING ADMINISTRATIVE MATTERS FOR NOVEMBER 27, 1996: After discussion, the Board decided not to schedule Administrative Matters on November 27, 1996, the day before Thanksgiving.

3. APPROVAL OF REVISED PURCHASING POLICY: Ms. Rowe requested the Board to approve the revised Larimer County Purchasing Policies which will raise the dollar limit of the mini-PO to $999.99, clarifies instances where a purchase order isn't necessary, outlines who approves sole source purchases, and modifies written purchasing procedures to coincide with the new Oracle Financial Management System.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the revised Larimer County Purchasing Policies, as requested.

Motion carried 3 - 0.

4. DISCUSSION OF WINDSOR ANNEXATION: Mr. Smith reviewed an area map surrounding the proposed Windsor annexation with regard to roads, road maintenance responsibility, snow removal, utility installations, access permits, law enforcement, liability, etc. He expressed concern regarding whether or not the adjacent county road right-of-ways have been annexed and he suggested entering into a maintenance agreement, similar to the agreements the County has with the cities of Loveland and Fort Collins, as portions of the roads will remain in the County and portions will be annexed. Mr. Smith suggested the Board seek legal counsel from the County Attorney regarding the statute on annexation of right-of-ways. Mr. Lancaster submitted a draft letter addressed to the Mayor of Windsor (the supplementary letter to follow the letter discussed during Administrative Matters on October 30, 1996) for Board discussion and approval. The letter requests a commitment to a joint planning approach between Larimer County and the Town of Windsor, and proposes working together on a land use plan, and a request to explore and discuss the concept of Transfer of Development Rights; discussion followed and the Board decided to revise the letter further before sending it. Mr. Smith recommended that the Board consider drafting a very clear policy that if there is going to be development in the area which will impact county roads, that improvement of those roads be included as a part of the development process. Commissioner Duvall suggested entering into an inter-development agreement.

5. DISCUSSION OF JOINT HEARING HELD IN ESTES PARK LAST NIGHT: Chair Clarke expressed his disappointment that public input and discussion regarding substance of the Estes Park Comprehensive Plan were not allowed during the joint hearing held in Estes Park last night. Commissioner Disney stated that the meeting which he and Commissioner Duvall attended several weeks ago in Estes Park was an open house attended by quite a few citizens, and their concerns were addressed at that time. Commissioner Disney noted that this Comp Plan is a Master Plan only and a design of the community vision of how they would like to see the Plan developed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners recommend to the Larimer County Planning Commission the adoption of the Estes Park Comprehensive Plan for the Estes Valley.

Motion carried 3 - 0.

6. REQUEST FOR FUNDING FOR AIR QUALITY STUDY: Mr. Ryan referred to the memo previously sent to the Board regarding the Northern Front Range Air Quality Study requesting that the Commissioners authorize an expenditure of $5,000 to support air quality monitoring in Fort Collins. Mr. Ryan provided a brief background for the request, noting that in 1995 the State Legislature authorized a major study of the small particulate air quality of the Northern Front Range, with oversight of the study provided by a Technical Advisory Panel; he noted it is a $2.5 million study. However, Mr. Ryan stated that because of some funding shortfalls in the study, the Technical Advisory Panel eliminated the air monitoring station for Fort Collins from this winter's study; however, if $19,000 can be raised, the monitoring station can be included in the study. A partnership of potential funders was formed to raise funds and the Fort Collins City Council is also being requested to contribute $5,000; other potential contributors include CSU, U.S. Forest Service, Platte River Power Authority, and the Fort Collins Light and Power. Mr. Ryan reviewed the advantages for the inclusion of this monitoring station in the City of Fort Collins. Mr. Ryan noted that at their regular meeting on November 5, 1996 the Environmental Advisory Board unanimously adopted a resolution recommending the County Commissioners authorize the expenditure of $5,000 to support air quality monitoring in Fort Collins. Commissioner Duvall asked if there was a possibility to include the LaPorte area in the study because the particulate is high in that area; Mr. Ryan stated that this would require the addition of another monitor and would cost an additional $20,000. Further questions from the Board and discussion followed. Mr. Lancaster informed the Board that there is only $1,700 remaining in the Commissioner's Special Projects Fund; however, the Entrepreneurial Fund has monies available and could be transferred and he recommended the Board take this action.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the transfer of funds from the Entrepreneurial Fund into the Commissioner's Special Projects Fund to cover the expenditure of $5,000 for 1996 for funding an air monitoring station in Fort Collins for the winter of 1996/97 portion of the North Front Range Air Quality Study; this expenditure contingent on total contributions from other sources being sufficient to make up the funding need.

Motion carried 3 - 0.

7. RESOLUTION ON PAY FOR PERFORMANCE IN FLEET: Ms. Kemp informed the Board that Fleet Services has created a Pay for Performance compensation system and they are requesting Board approval of a Resolution adopting Larimer County Fleet Services Pay for Performance System.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the Resolution on Pay for Performance in the Fleet Department, as requested, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-160g RESOLUTION ADOPTING LARIMER COUNTY FLEET

SERVICES PAY FOR PERFORMANCE SYSTEM

8. PROPOSAL FOR LEGISLATIVE REVIEW COMMITTEE: Mr. Gluckman described a proposal for the Board to appoint a Larimer County Legislative Review Committee which would review pending legislation policies and positions and make recommendations to the Board of County Commissioners. Mr. Gluckman noted that each year many issues are addressed by the Colorado General Assembly, and in some cases Congress, which affect Larimer County and local governance and a standardized procedure would insure that Larimer County will be more pro-active. Mr. Gluckman stated that the City of Fort Collins and Boulder County has a good process to review legislation to serve as a model; he submitted a proposed membership list of persons to serve on this Committee and he reviewed the legislative review process and he noted he would serve as committee coordinator. Mr. Gluckman stated that the request before the Board today is to approve the process and appoint the committee with a Commissioner representative. Much discussion ensued; it was suggested that a representative from the Clerk's Office also needs to be on the Committee. Commissioner Disney stated that legislation changes hourly in Denver and we need to have some way of monitoring that situation. Chair Clarke suggested forming an Executive Committee, to include representatives from the Clerks and Treasurer's Offices, to work through the bills and pare them down, and that this Executive Committee should also include the Commissioner Liaison, Mr. Gluckman, a legal representative, and the Health and Human Services Director; the Board also stated that CCI needs to be involved. Mr. Gluckman stated that this process will be piloted in 1997 and set to go in 1998. Commissioner Duvall suggested that the Committee should coordinate with Colorado State University President's Legislation Committee. CONSENSUS OF THE BOARD was that Commissioner Disney will serve as Liaison to the Larimer County Legislative Review Committee.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the legislative review process, as proposed by the Assistant County Manager, and appoint a Larimer County Legislative Review Committee, as outlined in the proposal submitted and discussed.

Motion carried 3 - 0.

9. UPDATE ON FACILITIES PLANS: Mr. Lancaster reported to the Board on the defeat of the Larimer County referred issue #1-A in the recent election; he noted that since the election, Ms. LaRue has been gathering information to analyze why the issue failed. Mr. Lancaster noted that a scientific random survey is being performed by the Colorado State University Department of Marketing and will be completed the week of November 18, 1996. Ms. LaRue reported to the Board that 14 precincts supported the issue and she reviewed the other short-term, mid-term, and ongoing actions being taken to determine what needs to be done before placing the issue on the ballot again. Commissioner Disney expressed concern regarding why the survey is being done because the information may be completely irrelevant by the next election, and he questioned the validity of a survey; Chair Clarke stated he shares the concern about surveys, but noted that we have to find out all we can about why the project failed. Commissioner Duvall concurred that Ms. LaRue is headed in the right direction and she asked who is following up on Plan B, which is what do we do in the interim; Mr. Lancaster stated they are proceeding with Plan B by planning to add additional modulars in the Courthouse parking lot, acquiring more rental space, etc.

10. APPOINTMENTS TO LARIMER EMERGENCY TELEPHONE AUTHORITY BOARD: Ms. Duchene noted that a letter was received from John Frey, Attorney for the Larimer Emergency Telephone Authority, recommending that Undersheriff John Kammerzell be appointed to the Larimer Emergency Telephone Authority Board for a two-year term to fill the unexpired term of Elizabeth Lowes; in addition, nominations have been received for either Lyle R. Huff or Philip K. Harris to be appointed on same Board to fill the unexpired term of Brenda Jones. The Board decided to wait on the appointment of the representative for the hospital districts until they have more information regarding the two nominees.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint Undersheriff John Kammerzell to represent Larimer County on the Larimer Emergency Telephone Authority Board for a two-year term ending December 31, 1998, to fill the unexpired term of Elizabeth Lowes.

Motion carried 3 - 0.

11. COMMISSIONER REPORTS:

-- Report on Meeting with Buckeye Residents: Chair Clarke reported that he and David Cox from the Sheriff's Department met with residents in the Buckeye area and they are upset because rules and regulations for the bicycle race in their area are not being followed. Chair Clarke recommended that the County appoint a facilitator to bring together the organizers of the bike race and the Buckeye residents to resolve the situation and he suggested reviewing the rules in Boulder County to see if new rules should be adopted for this area. Discussion followed.

-- Request for Board's Approval and Signatures on Letters to Great Outdoors Colorado: Mr. Lancaster stated that the Parks Department has requested the Commissioners to sign two letters of support for two Great Outdoors Colorado Grants for the Little Thompson River and Regional Park Preserve Planning Project and the Greeley Open Space Planning Project; the Board agreed to sign the letters, as requested.

At this time Chair Clarke left the meeting to attend the Community Service Awards Banquet in Loveland, Colorado

WORKSESSION:

-- Report on Letter from Mr. Lancaster in Reporter Herald: Mr. Lancaster referred to a recent letter in the Reporter Herald stating that it was inappropriate for Mr. Lancaster to be writing letters about the Justice Center; he assured the Board that he did not use County resources or time to write the letters and that he wrote the letters at home and faxed them from his home.

-- Policy Worksessions for December: Commissioner Duvall stated she would like to move forward with the backlog of items listed for discussion during Policy Worksessions in order to resolve many of the items; Commissioner Disney concurred.

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

12. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the Week of October 28, 1996, as submitted.

Motion carried 2 - 0.

Commissioner Disney suggested that a copy of the first page of the Minutes for October 28, 1996 be sent to the family of Elaine Spencer. Commissioner Duvall requested that a copy of the discussion of the letter to the Mayor of Windsor regarding annexation, on Page 14 of same Minutes, be sent to all the Larimer County newspapers, the Greeley Tribune, the Windsor Beacon, and the Windsor Town Board to clarify the Board's discussion on the subject.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the Week of November 18, 1996, as submitted and amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement, as recommended by the County Assessor, for the following: PM AG Products; Karen and Hillery Parrack; Barbara and Gerald Jackson; Michael J. Anderson; Brenda and Martin Glomb; Staci and Edward Hennessy; East Vine Properties; Sara and Michael Hawthorne; Daniel Scariano; Elizabeth Center Company; Spring Creek Medical Park Surgery Center; Victor Bogaard III; Peggy and Stephen Bowers.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda on Document Review for November 13, 1996:

MISCELLANEOUS DOCUMENTS: Larimer County Public Trustee Third Quarter Report July 1996 through September 1996, Special Reserve Fund Report, and Deferred Compensation Plan #606033 Investment Activity for the Quarter Ending September 1996; Eagle Crest Subdivision Amended Plat; Rangeview Subdivision Amended Plat of Lots 15-17; Creekside at Ptarmigan Amended Plat of Block 5, Ptarmigan 3rd Filing; and Office on Aging 1997 Area Plan Update. LIQUOR LICENSES: Licenses were issued for LaChaumiere, Inc. - 6% WITH EXTENDED HOURS - Lyons, Co.; Summit Restaurant - 6% WITH EXTENDED HOURS - Loveland, CO.; Indian Meadows Lodge - 6% - Bellvue, CO.; Columbine Lodge - 3.2% - Bellvue, CO.; Vern's Liquor - 6% - LaPorte, CO.; Red Feather Cafe and Bar - 6% - Red Feather, CO.; Schrader Country Store #440 - 3.2% - Fort Collins, CO.; and Beaver Inn - 6% - Red Feather, CO. County approval was granted to: Mexican Inn - 6% - Loveland, CO.; Red Feather Liquors - 6% - Red Feather, CO.; Rock Inn Steakhouse - 6% - Estes Park, CO.; Young's Liquor - 6% - Fort Collins, CO.; and the Fort Collins Country Club - 6% - Fort Collins, CO.

A96-145 RELEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JAMES AND LESLIE RYAN

(Withdrawal from Original Agreement to Purchase Lot 12, in Crystal

Lakes, Fourteenth Filing PUD)

C96-62 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND G. L. HOFF COMPANY (Satanka Bay

Boat Ramp Improvements - Project No. 8307)

C96-63 CONTRACT FOR REMOVING SNOW FROM THE STREETS OF

LITTLE VALLEY GENERAL IMPROVEMENT DISTRICT #14

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

JIM NYTES DBA JIM'S CONSTRUCTION MATERIALS OF

ESTES PARK, COLORADO

C96-64 CONTRACT FOR REMOVING SNOW FROM THE STREETS OF

CARRIAGE HILLS GENERAL IMPROVEMENT DISTRICT #4

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

JIM'S CONSTRUCTION MATERIALS OF ESTES PARK, CO.

R96-161s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF A DRAINAGE AND UTILITY EASEMENT IN CENTRO

BUSINESS PARK

R96-162s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

ABC STORAGE AND RON'S EQUIPMENT PUD

R96-163s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN

AND PRELIMINARY PHASE PLAN FOR TERRY COVE PUD

Motion carried 3 - 0.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

13. LEGAL MATTERS:

Mr. Hass described the proposed use change of the Colorado Lien Sand Processing Plant on North Overland from a sand silica facility, a use granted by Special Review, to a lime hydration facility - a use that is less onerous than the existing use. Mr. Hass submitted a letter for the Board's review, which if they concur, will be sent to Colorado Lien in support of the proposed change in operations; much discussion followed. Mr. Hass noted that if the Board does not send the letter, Colorado Lien may proceed as planned and may do so without being in violation; the letter only acknowledges and supports the change of use.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve sending the letter to Colorado Lien in support of the proposed change in operations.

Motion carried 2 - 0.

14. EXECUTIVE SESSION - PERSONNEL ISSUE:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:25 a.m. to discuss a personnel matter.

Motion carried 2 - 0.

The Executive Session ended at 12:00 noon; no action taken.

ABATEMENT HEARING FOR WILLIAM & GERALDINE CRAIN

(#112)

The Board of County Commissioners reconvened at 2:00 p.m. for an Abatement Hearing for William and Geraldine Crain. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present was Carla Woodard-Cowling, Senior Appraiser. Mitzi Zmerzlikar and Sherry Graves, Recording Clerks.

Ms. Woodard-Cowling stated that the property being discussed today is Parcel #97093-06-003; she noted that a physical appraisal was performed on the property in April 1996 and, at that time, it was discovered that the basement was a crawl space which had been assessed previously as a full basement and that the home is in poorer condition than realized and so the value was lowered for 1996 to $82,514. Ms. Woodard-Cowling informed the Board that this petition is for 1995 and at that time the value on the home was $104,400. Ms. Woodard-Cowling continued that the Crains protested the value in 1995; however, the value was not lowered by the Assessor, and the Crains did not proceed on to the Board of Equalization. Ms. Woodard-Cowling stated that the Assessor recommends denial of the Petition for Abatement because, according to statute, abatement petitions for overvaluation cannot be approved if the taxpayer protested the value the year the value was assigned.

Questions from the Board and discussion followed; Petitioner Geraldine Crain addressed the Board and explained why she didn't proceed on to the Board of Equalization with her appeal in 1995 and she noted that they have been paying taxes on a full basement since 1966 and if the Assessor had performed their appraisal in 1995, they would have discovered the error and a reduction made at that time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for William L. and Geraldine E. Crain for Parcel #97093-06-003 and allow for a refund in the amount of $192.68.

Motion carried 3 - 0.

The hearing recessed at 2:15 p.m.

ABATEMENT HEARING FOR RANDALL & ANITA POLLOCK

(#112 @ 1000)

The Board of County Commissioners reconvened at 4:00 p.m. for an Abatement Hearing for Randall and Anita Pollock. Chair Pro-Tem Duvall presided and Commissioner Disney was present; Chair Clarke was participating in performance evaluations for the Health and Human Services Department Directors. Also present was Senior Appraiser Carla Woodard-Cowling. Mitzi Zmerzlikar and Sherry Graves, Recording Clerks.

Ms. Woodard-Cowling stated that the property being discussed today is for Parcel #98361-21-008; she noted that the petitioner protested the value in 1995, but did not continue with his appeal to the Board of Equalization. Therefore, Ms. Woodard-Cowling stated that the Assessor is recommending denial of the Petition for Abatement because, according to statute, abatement petitions for overvaluation cannot be approved if the taxpayer protested the value the year the value was assigned.

Randall Pollock, petitioner, stated that the Notice of Value he received from the Assessor's Office stated that review of his property was not complete and he never received a follow-up letter; when he came in May of 1996 to protest, he was asked if he had an appraisal and he responded that he had one from 1992. Mr. Pollock stated that if he had been asked that question the previous year, he would have had some proof of the value of his house, but because of a lack of communication and over-burden of the office, the process was quick in 1995 and never completed. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Randall and Anita Pollock on Parcel #98361-21-008 and allow a refund in the amount of $135.56.

Motion carried 2 - 0.

The hearing adjourned at 4:20 p.m.

_______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

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