PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 20, 1998

ABATEMENT HEARING FOR VIVIAN AND WILLIAM COHAN

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The Board of County Commissioners met at 1:30 p.m. for an abatement hearing to consider two petitions for abatement and refund of taxes for Vivian & William Cohan. Chair Olson presided and Commissioner Disney was present. Also present were: Amy Wagner, Chief Appraiser, and Jon Cowling, Senior Appraiser. Recording Clerk, Sherry Graves.

Ms. Wagner noted that there are two petitions for abatement being requested today for the same parcel, Parcel #95243-08-006, but for different years. Ms. Wagner reviewed the cost, market, and income approaches and comparables used for each year; she noted that after consideration of the three approaches, it is the Larimer County Assessor's opinion that the reconciled value of $255,000 for 1995 and 1996 and $260,000 for 1997 most accurately reflect the value of the subject property. Therefore, Ms. Wagner stated that the recommendation of the Assessor is that the two petitions for abatement be denied. It was noted for the record that the petitioner was not present for today's hearing

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the two requests for Petition for Abatement and Refund of Taxes for Parcel #95243-08-006 for 1995, 1996 and 1997.

Motion carried 2 - 0.

The hearing recessed at 1:40 p.m.

LAND-USE PLANNING MEETING

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The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present. Also present were John Pedas, Code Enforcement Officer, and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. MELBYE ZONING VIOLATION (#96-ZV0890): TR. "CC", RANCH

ACRES 2ND, 117 RANCH ACRES DRIVE

This alleged violation is for harboring too many horses (up to 6) on a 0.82 residential lot. Mr. Pedas provided the background information, submitted photos of the site, and reviewed the major issues and concerns. Mr. Pedas stated that the County was involved with this situation a year ago and did notify the property owners and, to a certain degree, they either reduced the number of animals or maintained the grounds in such a manner that complaints were no longer received; however, this spring, he began to receive calls again indicating that there were as many as six horses on the property. Staff findings include: 1) The subject property is zoned R-Residential District; 2) The maximum number of horses allowed on the lot is one per half acre of lot; 3) The gross area of the lot is 0.82 acres; 4) Continued use of the property to house up to six horses could result in impairment of public health and environmental influences; 5) Concentrated animal confinement is incompatible with high density residential neighborhoods; 6) Continued use of the property inconsistent with the zoning regulations may affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Julie Melbye, owner of the horses, explained that they own 8 horses, the majority of which are usually out to pasture, but she admitted that sometimes there are more than two horses on the property; for instance, during the unusually bad snow storm in March, they did bring the horses home off of pasture from Thursday afternoon until Saturday morning because they could not get them warmed properly. Ms. Melbye stated that from time to time they have new borne babies, which obviously increases the number, but they try to get those mares and babies out on pasture as soon as possible; she noted that when they moved to this property they were told that the covenants allowed for 3 horses, but later found out it was zoned for only two horses because they thought they were purchasing one acre of land. Ms. Melbye stated that they compost the manure with dirt, straw and bedding and have it removed twice a year; she also noted that they have not received complaints from anyone else about the odor and haven't noticed a problem with flies. Ms. Melbye stated that currently they have two horses on the property and they are 4-H project horses and hobby horses and she asked if she is allowed to keep the 4-H horses overnight when they have been to a ride late at night; she asked for a definition of "harboring". Mr. Pedas responded that if the horses are there for an extended period of time, which would require feeding, watering, etc., that would be considered "harboring"; however, if they have gone to a rodeo and the horse is there overnight and gone the next morning, that is not harboring. Bob Burnham, adjacent property owner, stated that Ranch Acres is a residential neighborhood and their main concern is the number of horses being allowed on a lot this small and the amount of manure that collects and not disposed of a timely manner; he noted that he cannot work in his shop with the door open because of the number of flies and smells. Mr. Burnham stated that only one horse is allowed in the residential zone and it is to be for recreational purpose only.

Questions from the Board and discussion followed; Chair Olson asked Ms. Haag to define "visiting" versus "harboring". Ms. Haag responded that it is a common sense kind of definition and there are going to be unique situations when you have to bring animals on the property for a short time and that is not considered "harboring". Commissioner Disney suggested that as the new Partnership Land Use System (PLUS) is developed, a definition of "harboring" versus "visiting" for an over-night stay should be included in PLUS. Ms. Melbye asked if a mare could have her foal by her side or would that be considered two horses; she noted that the code of ethics among horse people is that a foal is not a horse until it is weaned. Mr. Timm stated that he has also seen that definition in zoning codes.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find in the matter of the Melbye Horse Violation that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

The meeting adjourned at 3:35 p.m.

TUESDAY, APRIL 21, 1998

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met at 9:00 a.m. at Wellington Junior High School in Wellington, Colorado for County Seat for a Day. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Frank Lancaster, County Manager; Deni LaRue, Community Information Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, Sherry Graves.

1. INTRODUCTIONS: Chair Olson introduced the Commissioners, staff, and Lisa Gimlett, 1st Grade Teacher from Dunn Elementary School, co-member with Chair Olson in the Partner-Up Program. Students from three Social Studies and Civics classes observed the meeting today and a quiz about Larimer County facts was given to the students and discussed at length. The students asked many astute and timely questions, which were answered and discussed.

2. OPEN SESSION FOR PUBLIC COMMENT: Mr. and Mrs. Bob Kissel, residents living along County Road 72, stated that they have lived on CR 72 for 32 years and if they get a grader to grade their road from CR 15 to CR 11 once a year, they are lucky; they noted that this past week it has been almost impossible to get down their road. Mrs. Kissel stated that they have tried several time to call and talk to someone in the Road and Bridge Department, but never can reach anyone; they noted they are on a mail and school bus route. At this time, Mr. Lancaster went to call Dale Miller, Assistant Director of the Road & Bridge Department; he came back and informed Mr. & Mrs. Kissel that their road would be graded by the end of the week.

3. APPROVAL OF MINUTES FOR WEEK OF APRIL 13, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of April 13, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF SCHEDULE FOR WEEK OF APRIL 27, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of April 27, 1998, as submitted.

Motion carried 3 - 0.

5. APPROVAL OF CONSENT AGENDA:

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 for Document Review for April 21, 1998:

PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: Fleeners Bakery, Inc. c/o Taste of New York, Inc.; Buffalo Sign Works; Tackle, Inc.; Leasetec Systems Credit; Aegis Optical Ink; William A. Ferguson; Alpine Sign & Designs c/o Tony HB Two Eagle Feather; Alco Standard Corp.; Colorado Watertown Granite Corp.; William Newell; Guy Pratt & Linda & Scott Deits; Ralph & Ruth Rathburn; James & Colleen Jenson; C. C. Investments, Inc.; Steven Wyatt; Constance & Michael Baker (2 Petitions); and Larimer County Habitat for Humanity aka Loveland Habitat for Humanity (2 Petitions).

MISCELLANEOUS DOCUMENTS: Human Services Check Warrant Register for February and March 1998; Baty Minor Residential Development Plat; and Stumbo Minor Land Development Plat. LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Sandy's Convenience Store - 3.2% - Loveland, CO.; Sandy's Convenience Store - 3.2% - Fort Collins, CO.; Best Western Coach House Motor Inn - 6% - Loveland, CO.; Hauf Brau, Inc. dba Lincoln Street Grille - 6% - Fort Collins, CO.; Fort Namaqua Wine & Spirits - 6% - Loveland, CO.; Al Fresco Great Italian Food - 6% - Fort Collins, CO.; and Loveland Moose Lodge #484 - 6% - Loveland, CO.

A98-59 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HERITAGE CABLEVISION OF DELAWARE,

INC. (TCI) (Renewal of Cable Services Agreement)

A98--60 FIREARMS TRAINING FACILITY AGREEMENT BETWEEN THE

LARIMER COUNTY SHERIFF'S DEPARTMENT AND DELORES J.

BARGER (Provision to operate a firearms training facility)

C98-14 INTERGOVERNMENTAL CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LABOR AND EMPLOYMENT (Staffing Costs for

Summer Program to Assist Larimer County Youth in Obtaining Summer

Employment)

Motion carried 3 - 0.

6. AUTHORIZATION TO PURCHASE PROPERTY SOUTHEAST OF DETENTION CENTER: Mr. Lancaster noted that the County has made an offer to purchase two lots in the Prospect Industrial Park southeast of the Detention Center for construction of the Sheriff's Administration Building and future expansion of the Detention Center. Mr. Lancaster noted that the County is going to close on the property today and a new law just passed by the General Assembly requires that the Treasurer needs written authorization from the Board of County Commissioners to pay claims electronically.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize Chair Olson to act in all pertinent matters including signature to close on the purchase of the vacant land known as Lots 24 & 25 in Prospect Industrial Park, such closing to take place on April 21, 1998 at 1:30 p.m. at First American Heritage Title Company, and to authorize the Larimer County Treasurer to wire funds electonically to complete this transaction.

Motion carried 3 - 0.

7. RESOLUTION CONCERNING COOPERATION ON MANAGING URBAN DEVELOPMENT: Mr. Lancaster noted that Larimer County and the other communities involved in the Northern Colorado Regional Planning Study have cooperatively developed a model intergovernmental agreement which outlines the principles, values and definitions for cooperative land use planning in the region (the Model IGA), and Larimer County is currently actively working on community specific Intergovernmental Agreements with all the municipalities in Larimer County, using the principles and ideas contained in the model IGA. Mr. Lancaster requested the Board to adopt a resolution in which the Board agrees to adhere to the concepts in the model IGA as they work with communities in developing flexible IGA's which respond to their needs.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution Concerning Cooperation on Managing Urban Development, and authorize the Chair to sign same.

Motion carried 3 - 0.

R98-65g RESOLUTION CONCERNING COOPERATION ON MANAGING

URBAN DEVELOPMENT

8. WORKSESSION:

-- Security at Loveland Courthouse: Mr. Lancaster noted that a memo was received from Lt. Timothy Palmer of the Sheriff's Department concerning security at the Loveland Courthouse; he noted that by law, the Sheriff is responsible for providing security in the courts, but in Loveland they have never had security and Judge Kochenburger has expressed concern about security issues. Mr. Lancaster noted that in the report from Lt. Palmer, it stated that the most important service that could be offered by security personnel was to provide general information and direction, which is not the role of the Sheriff's Department or the Commissioners; he continued that if the courts need staff in this area, the State of Colorado needs to provide the staff. Mr. Lancaster reviewed the four options suggested by Lt. Palmer and noted that the recommendation was to hire part-time armed security service during busy days at a cost of $10,649. One suggestion made by Mr. Lancaster was that as the two metal detectors being used at the Fort Collins Courthouse are overtaxed, we could buy the new metal detectors now that will go in the new Justice Center to use in the existing Courthouse and move them later, and then put the older ones in Loveland. Commissioner Disney asked if anyone has talked to the Loveland Police Department about this issue; Mr. Lancaster responded in the affirmative, but noted that the Judge wants immediate service and doesn't want to wait for someone to get there. It was suggested that possibly we could enter into an IGA with Loveland and install a panic button so the Loveland Police Department could respond quickly as they are only two blocks away. Commissioner Disney asked if those persons working off their property taxes could be trained to provide information and direction; the Board liked that suggestion.

9. COMMISSIONER REPORTS:

-- Commissioner Disney reported that he and Director of Planning Larry Timm, Director of Public Works Marc Engemoen, met with the Fort Collins Growth Management Committee yesterday and they reviewed where they are with the Partnership Land Use System (PLUS); he noted that they also worked on a schedule for the Transferable Development Unit (TDU) program and they went over the work program with the Larimer County Planning Department.

-- Ty Cresgrove, one of the students attending today, asked why CR 7 hasn't been graded in the past 2 1/2 years; he noted this is the section of road north of the glider port between the dam and CR 82. The Board informed Mr. Cresgrove that they will ask the Road & Bridge Department about this and report back to him

-- Commissioner Clarke reported on the City of Fort Collins/Larimer County/Poudre School District Liaison meeting he attended earlier this morning, noting that consensus of the group was that we need to move the discussions regarding joint communications facilities up to a higher level of authority in terms of people to be involved; he stated that the Sheriff has committed to be personally involved in this as well as Mr. Lancaster.

-- Commissioner Clarke reported on the Fossil Creek area land which the school district is interested in purchasing for construction of a new school; he noted that the school district is still moving ahead to acquire it but they are willing to work with us on an IGA in a land trade.

The meeting adjourned at 10:30 a.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk