Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 27, 1998

LAND-USE PLANNING MEETING

(#361)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present; Commissioner Clarke is on vacation this week. Also present were: Rob Helmick, Senior Planner; Matt Lafferty, Planner II; Sean Wheeler, Planner I; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan and Richard Grossmann, Environmental Health; and Linda Connors, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Dick Rutherford, Surveyor, requested that the Amended Exemption of Tract 2 of the Kiefer MRD item be removed from the consent agenda.

1. HAYDEN RESUBDIVISION, LOTS 24 & 25 AMENDED PLAT (#98-SA1256):

35-05-73 - NORTH OF COUNTY ROAD 74E IN THE HAYDEN

RESERVOIR ON THE NORTH SIDE OF GLACIER VIEW LANE;

1.62 ACRES; 2 LOTS; E-ESTATE (E-2 NON-CONFORMITY) ZONING

This is a request for an amended plat to adjust the lot line between Lots 24 & 25 of the Hayden Resubdivision of Lots 14-33 of the Reed Subdivision. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 24 & 25 of the Hayden Resubdivision of Lots 14-33 of the Reed Subdivision.

2. COOPER AUTO BODY REZONING AMENDMENT (#98-ZR1204):

28-08-69 - NORTH SIDE OF COUNTY ROAD 54G BETWEEN TAFT HILL

ROAD AND LAPORTE, 2520 NORTH U. S. HIGHWAY 287; 1.9 ACRES;

C-COMMERCIAL ZONING

This is a request to change a condition of prior approval from allowing expansion beyond the additional 2000 square feet allowed in 1980 to now allow for a 6000 square foot addition. Staff findings include: 1) The use is consistent with the prior approval; 2) There have been no adverse comments received from any individual or agency; 3) The use remains consistent with the LaPorte Area Plan; 4) With certain conditions, the use is consistent with the intent and purposes of the Larimer County Comprehensive Zoning Resolution. The staff recommendation is for approval of the Cooper Auto Body Rezoning Amendment, subject to the following conditions: 1) The conditions of the prior approval shall remain in effect except as altered by this approval; 2) The use is subject to the conditions as outlined in the memo of May 4, 1998, from the Larimer County Department of Health and Environment, and the conditions as outlined in the memo from the Poudre Fire Authority.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Hayden Resubdivision, Lots 24 & 25 Amended Plat (#98-SA1256), and the Cooper Auto Body Rezoning Amendment (#98-ZR1204); each, with the conditions as outlined.

Motion carried 2 - 0.

3. KIEFER MINOR RESIDENTIAL DEVELOPMENT TRACT 2 AMENDED

PLAT (#98-EX1258): NE 1/4 - 23-07-68 - SOUTH SIDE OF COUNTY

ROAD 44 (PROSPECT ROAD), 1/2 MILE EAST OF COUNTY ROAD 5;

40.09 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for an amended exemption of Tract 2 of the Kiefer MRD by adding approximately 0.21 acres to Tract 2 from the adjacent Becker property. Mr. Rutherford stated that this proposal is two projects in one--the amended exemption of Tract 2 and a boundary line adjustment; he noted that the latter is not included in this request. Mr. Lafferty responded that the boundary line adjustment is an administrative item and does not need to be approved by the Commission. Staff findings are: 1) The proposed amended exemption is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended exemption is compatible with other development in the surrounding area; 3) Approval of the amended exemption will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended exemption of Tract 2 of the Kiefer Minor Residential Development.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Amended Exemption of Tract 2 of the Kiefer Minor Residential Development.

Motion carried 2 - 0.

4. WILLSON JUNK YARD VIOLATION (#96-ZV0949): 3009 SWING STATION

WAY, LOT 27, BLOCK 3, STAGE COACH SUBDIVISION

This alleged violation is for having inoperable-unlicensed vehicles, household trash, junk and other debris, and at least 4 dogs in a platted residential subdivision zoned FA-Farming. Mr. Pedas submitted photos of the site taken over a period of time starting in December 1996, provided the background information regarding this alleged violation, described the location, and reviewed the major issues and concerns; he noted that the Health Department became involved in this matter as a result of complaints from adjacent property owners. Staff findings are: 1) The property is zoned FA-Farming; 2) The FA-Farming Zoning District does not permit junk yards or private dumps; 3) The storage of trash, tires, and other household debris on the site poses a severe fire hazard in addition to being a threat to human and pet health; 4) Continued use of the property to store inoperable/unlicensed vehicles, junk and other debris will affect property values in the immediate neighborhood. 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.

Mr. Grossmann stated that the Health Department first met with Ms. Willson at her residence in June 1995 in response to complaints from neighbors regarding piles of trash, accumulation of dog manure, and assorted debris; he noted that these complaints were confirmed by the Health Department and she was advised verbally and in writing that the conditions of the premises were a public health problem. Mr. Grossmann continued that Ms. Willson was able to get some assistance from the community service work program and they cleaned her yard and the issue was resolved; then in December 1996, complaints were confirmed that the yard again was a mess and the Health Department sent a second letter to Ms. Willson and a church group came in to give her assistance. Mr. Grossmann stated that in May 1997, complaints were received that the conditions at the Willson property had deteriorated again and a third letter was sent; this time the yard was not cleaned up until after she was notified by the Planning Department that a hearing was scheduled before the County Commissioners. Subsequently, the yard was cleaned again and the hearing was canceled; however, the Health Department, in a joint letter with the Planning Office, advised Ms. Willson that should this matter come up again, it would be brought before the County Commissioners and recently Larimer County again started receiving calls from the neighborhood about the property.

Commissioner Disney stated that this situation sounds like more than a zoning violation; Mr. Pedas noted that he has talked to Social Services, who has been involved with the property owner, and the indication he received was that she has refused help. Mr. Pedas also noted that the Larimer County Veterans Service Officer made arrangements to have a large dumpster placed on the property, and some veterans were willing to go out to clean the site, but the offer for help was refused. Mr. Willson responded that the Veterans Service Officer wanted to throw everything away and so she was told to leave; she reviewed all the misfortunes that have befallen her and what she has tried to do to alleviate the situation. Chair Olson asked Ms. Willson repeatedly how long it will take to get the property cleaned up, but a direct answer was not given.

M O T I O N

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

Motion carried 2 - 0.

5. JURGENS JUNKYARD VIOLATION (#97-ZV1107): 649 WEST FIRST ST.

IN LOVELAND

This alleged violation is for storing inoperable/unlicensed vehicles, junk and other debris on a residential lot zoned FA-Farming. Mr. Pedas submitted photos of the subject property, provided the background information regarding this alleged violation, and reviewed the major issues and concerns; he noted that this property is one of three lots in an enclave in the County surrounded by the City of Loveland. Mr. Pedas stated that he visited the site last week and some progress has been made in the clean-up of the property, but more needs to be done to come into compliance. Staff findings are: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zone does not permit junk yards or private dumps; 3) Continued use of the property inconsistent with the zoning regulations will affect property values in the area; 4) The condition of the property is totally out of character with accessory outside storage of residential uses; 5) The condition of the property poses fire and health hazards. 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.

Mr. Jurgens, property owner, asked to see the pictures submitted and after reviewing the pictures, he noted that they were taken over a year ago; Mr. Pedas responded that the pictures were taken over a period of time with the latest photos being taken July 10, 1998. Mr. Jurgens stated that they have been working on cleaning the property and have complied with everything outlined in the letter dated January 12, 1998 from Mr. Grossmann. Mr. and Mrs. Jurgens asked for direction regarding exactly what else needs to be removed from the property; after much discussion, Mr. Pedas suggested that the Jurgens be given two weeks to work on the problem and then he will do a site inspection and give them written notice as to what else needs to be done to come into compliance.

Kent Pease, adjacent property owner, stated that over the last four years the subject property has steadily become worse; he noted that he is trying to fix up his home to sell because he is concerned about his family's health and safety and the declining property value of his home because of this situation. After discussion, the Commissioners stated that they concur with the suggestion made by Mr. Pedas to have a site inspection in two weeks to determine what else needs to be removed from the premises.

M O T I O N

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

Motion carried 3 - 0.

APPROVAL OF BOARD OF EQUALIZATION DECISIONS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 23 and July 27, 1998.

Motion carried 2 - 0.

The hearing adjourned at 3:55 p.m.

TUESDAY, JULY 28, 1998

ADMINISTRATIVE MATTERS

(#362)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioner Disney was present; as noted previously, Commissioner Clarke is on vacation this week. Also present were: Director Jerry Blehm and Rich Grossmann, Environmental Health; Brice Miller and Tom Garton, Building Officials; Undersheriff John Kammerzell; Captain Gary Darling; Ralph Jacobs, Director Human Resources; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. PRESENTATION OF PETITION SECTIONS FOR FAIRGROUNDS AND EVENTS CENTER INITIATIVE: Loren Maxey and Gary Hausman, members of the Fair Board, along with approximately 20 other interested persons, presented to the County Commissioners 405 petition sections, 30 signature lines on each, for the Fairgrounds and Events Center. Chair Olson accepted the petition sections and noted that they will be delivered to Myrna Rodenberger, Larimer County Clerk and Recorder, for verification that the signatures are from registered voters; it was noted that 8,118 valid signatures are required to place the initiative on the November 1998 ballot. Chair Olson stated that this is an exciting day for Larimer County and expressed appreciation and special thanks to Ms. Evelyn King, Chair Person in charge of circulating the petition sections. The petition sections were brought to the Courthouse by special delivery by J. D. and Susan Wiant's Clydesdale horses.

2. OPEN SESSION FOR PUBLIC COMMENT: No one came to address the Board during the open session for public comment today.

3. DISCUSSION OF WEBB AVENUE HOUSE: Mr. Blehm provided the background information concerning the house at 409 Webb Avenue, northwest of Fort Collins in unincorporated Larimer County; he noted that the house was severely damaged in the July 28, 1997 flood and the owner abandoned the property. Mr. Blehm stated that the Health Department and Building Department have been working with a mortgage company to try to get some potential nuisance situations resolved at the house and they finally made arrangements to get in and inspect the property; he noted there have been lots of complaints over the last ten months and it is a public nuisance to the community and an unsafe building and they can't make any further progress unless legal action is authorized by the Board to have the County Attorney pursue the owner (mortgage company) to rectify the situation. Mr. Grossmann stated that three notices have been sent to the mortgage company from the Health Department asking them to respond. Mr. Garton submitted and reviewed a Memorandum from the County Attorney's Office summarizing the enforcement procedures contained in the 1997 Uniform Building Code for the Abatement of Dangerous Buildings, and a copy of the Notice and Order to be sent to Principle Residential Mortgage. Mr. Blehm requested Board authorization to begin the legal process to resolve this issue. Chair Olson suggested that a notice also be sent to all the neighbors to apprise them of the action being taken today; Mr. Blehm stated that he and Mr. Garton will prepare the notice.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Building Department to proceed with legal action for the abatement of a dangerous building at 409 Webb Avenue, Fort Collins, Colorado, as requested.

Motion carried 2 - 0.

4. APPROVAL OF MINUTES FOR WEEK OF JULY 20, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of July 20, 1998, as submitted.

Motion carried 2 - 0.

5. APPROVAL OF SCHEDULE FOR WEEK OF AUGUST 3, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of August 3, 1998, as submitted.

Motion carried 2 - 0.

6. 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 on Document Review for July 28, 1998:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES were approved for the following: Donald & Charlotte Hahn (3 Petitions); Kevin & Drusilla Van Doren; Terry Keating; Paul & Dianna Lanz; Kent & Linda Knebel; Shirley Carlson; Howard, James & Claudia Welker; Mary & Joseph Jezek; Robert & Darla Starman; Donald & Orvilla Schleiger; Duane & Marian Schinke; My Chanh & Tran Nguyen; and Giuliano & Father Construction, Inc.

MISCELLANEOUS DOCUMENTS: Amended Plat of Lots 45 & 46, Glacier View Meadows Subdivision 8th Filing; Amended Plat for Fox Acres Country Club, 3rd and 4th Filings; Plat and Replat of Barnes Minor Land Division; Amended Plat of Lots 28, 29 and Tract 1 of Big Elk Meadows; and Final Plat for Horseshoe View Estates North, 2nd Filing. LIQUOR LICENSES: Licenses were issued to: Cottonwood Hollow Enterprises, Inc. - 6% - Livermore, CO.; Custom Cakes & Catering, Inc. - 6% - Wellington, CO.; and Dal-Rae's Cakes & Catering, Inc. - 6% - Red Feather, CO. County approval for renewal of liquor license was granted to: Supermarket Liquors - 6% - Fort Collins, CO.; and Tornado Club - 6% - Fort Collins, CO.

A98-108 IMPROVEMENTS AGREEMENT & DEVELOPER'S OBLIGATIONS

IN HORSESHOE VIEW ESTATES, 2ND FILING BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND GERALD J. FORRO

C98-33 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND STATE OF COLORADO, DEPARTMENT

OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT COMMISSION

(Funding for Promotion of Enterprise Zone - EDC #364)

C98-34 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO FOR THE

USE AND BENEFIT OF THE DEPARTMENT OF HUMAN

SERVICES, DIVISION OF CHILD CARE AND DEPARTMENT OF

SOCIAL SERVICES (Childcare Capacity Building Grant -

Star Routing #99-IHA-00146)

R98-119s FINDINGS AND RESOLUTION APPROVING THE LIEBL MINOR

RESIDENTIAL DEVELOPMENT REINSTATEMENT

R98-120z SPECIAL REVIEW AMENDMENT FINDINGS AND RESOLUTION

APPROVING THE PETITION OF MAYO WELDING

R98-121z FINDINGS AND RESOLUTION APPROVING THE HIRSCH

TRUCKING SPECIAL REVIEW AMENDED SITE PLAN AND

CONDITIONS OF APPROVAL

R98-122s RESOLUTION CONCERNING MINOR RESIDENTIAL

DEVELOPMENTS IN LARIMER COUNTY

Motion carried 2 - 0.

7. APPOINTMENT TO YOUTH SERVICES ADVISORY BOARD:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the appointment of Paul Cooper, Regional Director of the Division of Youth Corrections, to the Youth Services Advisory Board; this appointment to be shared with Jim Gault representing the Division of Youth Corrections, on a rotation basis with regard to attendance at meetings, as recommended in the Memorandum from Joe Ferrando, Director Community Corrections.

Motion carried 2 - 0.

8. REQUEST FOR NEW POSITION IN ASU UNIT: Undersheriff Kammerzell reminded the Board that last year the Sheriff's Department reduced their staffing documents by 7.5 FTE's, which has caused additional workloads and increased overtime costs, especially in the Alternative Sentencing Unit (ASU). Undersheriff Kammerzell stated that the ASU staff is recommending establishment of a fee of $25.00 for participation in the Workender or Midweek Work Program to provide a funding mechanism for a new Program Specialist PSI position to replace a deleted position; he noted that based on the 1997 activity, $30,000 in revenues would be generated by the user fee and the salary and benefits for the new position would be approximately $27,000. Commissioner Disney asked what about those that cannot pay; Captain Darling responded that the fee would come out of the Workender Program and he will make note in the Operating Procedures that, if needed, appeals can be made to him. Undersheriff Kammerzell stated that he anticipates that in the future, they will have to revisit this fee.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a one-time $25.00 user fee per inmate for the Workender/Midweek Work Program, with the modifications as discussed for waiver of the fee, and authorize the reinstatement of a Program Specialist I (PSI) position in the Alternative Sentencing Unit.

Motion carried 2 - 0.

9. REQUEST FOR WAIVER OF PERSONNEL POLICY FOR VACATION ACCUMULATION FOR DON FAIR: Mr. Jacobs stated he received a request from Information Management Services for the Board to approve a waiver of the vacation leave policy to permit Don Fair to carry over vacation leave in excess of the mandatory ceiling on vacation leave carryover. Mr. Jacobs reviewed the circumstances leading to this request, noting that Mr. Fair went beyond the call of duty in staffing the Data Center when it was short staffed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of the Larimer County Personnel Policy Manual provisions pertaining to vacation leave in order to restore 110 hours of vacation leave to Don Fair in IMS, as requested.

Motion carried 2 - 0.

10. BENEFITS PRESENTATION: As discussion of this subject will be lengthy, Chair Olson suggested that it be discussed during a Worksession rather than today during Administrative Matters.

11. WORKSESSION:

-- Request to Postpone Fire Ban: Mr. Lancaster informed the Board that the Sheriff's Department would like to postpone the fire ban since several good rains came after it was imposed by the County on July 23, 1998; he noted that the Forest Service concurs with this request. Mr. Lancaster stated, however, that they would like to have the option, if conditions changed, to impose the ban. The Board concurred with the suggestion.

-- Smart Growth Grants: Mr. Lancaster stated that there needs to be some coordination in the County for Smart Growth grant applications because there are several different departments applying for them. Mr. Lancaster noted that currently he knows of three applications from: 1) Ag Advisory Board; 2) Public Works; and a 3) Request from State Department of Natural Resources for the Board to sign a letter in support of funding to assist with the Preble's Meadow Jumping Mouse. Mr. Lancaster stated that in the future, he is going to ask that all departments make application through the Grants Manager Lorrie Wolfe because he is concerned that if too many come in to Smart Growth, or any funding source, we are competing with ourselves. Mr. Lancaster asked if the Board had a priority ranking for these applications, or of these three, do they want to support them all. Chair Olson stated that she thinks the grant application from Public Works should have top priority as the timing of the grant application for the Ag Advisory Board is out of sync; Commissioner Disney concurred.

12. COMMISSIONERS' REPORTS:

-- Commissioner Disney reported that he and Chair Olson attended the Estes Valley Improvement Association meeting recently and noted that his comments made at that meeting were grossly misquoted in the Estes Park Gazette in a letter from Pat Cipolla and he thinks it is ironic that Mr. Cipolla chose to accuse the Town of Estes Park officials for not listening, but obviously he was not listening. Commissioner Disney stated that he was so wrongly misquoted that he feels that he should respond; he noted that what he said was the County is committed to changing T-Tourist zoning to A-Accommodations 1 & 2 and changing some of the uses in those zones so they are more compatible with the neighborhoods and they are also committed to maintaining the current density through the use of Transfer of Development Units. The Board asked Ms. LaRue to draft a letter stating same.

-- Commissioner Disney reported that he met with the Health & Human Services Department Heads last week and he is concerned that many of their computers, as well as many in other offices in the County, are still State computers and we are going to be dependent on State technology at Year 2000 (Y2K); he noted that he is nervous that he hasn't heard the State talking about the Y2K problem and he thinks we need to be asking the State about where they are with this. Mr. Lancaster stated that he and Andy Paratore have talked about this at length and the person hired in his department to work on Y2K is going to go down to the State and evaluate the systems. Chair Olson asked that Mr. Paratore give the Board an update on a regular basis on this situation.

13. EXECUTIVE SESSION:

At this time, Marc Engemoen, Director of Public Works, Mark Peterson, Director of Engineering; Rex Burns, Administrator Special Improvement Districts; Diane Martell, Engineering Staff Services Manager; and Carol Block, Director of Finance, joined the meeting for an Executive Session.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:20 a.m. to discuss potential litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:20 a.m.; no action taken.

WEDNESDAY, JULY 29, 1998

BOARD OF EQUALIZATION

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 28, 1998.

Motion carried 2 - 0.

MEETING REGARDING LION GULCH TRAILHEAD

& BICKLE CONSERVATION EASEMENT

(#363)

The Board of County Commissioners met at 3:30 p.m. in regular session with K-Lynn Cameron, Open Lands Manager, and Greg Pickett, Director of Parks and Open Lands. Chair Olson presided and Commissioner Disney was present. Recording Clerk, S. Graves.

Ms. Cameron submitted a quarterly spread sheet to the Board listing all the projects on which they are currently working.

1. LION GULCH TRAILHEAD - ESTES PARK: Ms. Cameron informed the Board that the Open Lands Advisory Board is recommending that the Lion Gulch Trailhead project be approved; she noted that Larimer County, in partnership with the U. S. Forest Service, is proposing to improve the facilities at the Lion Gulch trailhead, and this project was developed as part of the deal securing the Meadowdale Ranch conservation easement. Ms. Cameron stated that the Lion Gulch trail, off of Highway 36, offers access to the Homestead Meadows National Historic District and there are a large number of users on this trailhead and it is in very poor condition; she noted that they are requesting $10,000 from the Open Lands funds and the Forest Service will contribute $11,521. The project will be constructed next spring and the Forest Service will do the construction.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of $10,000 from the Open Lands funds in partnership with the U. S. Forest Service for improvements on the Lion Gulch Trailhead in Estes Park.

Motion carried 2 - 0.

2. BICKLE CONSERVATION EASEMENT - ESTES PARK: Ms. Cameron stated that this property is integral to Estes Park's downtown open space/historic district project and is a project that Estes Park has been working on to protect a prominent knoll and contiguous properties in conjunction with the Stanley Hotel Historic District; she noted that this parcel is the final piece to complete an assemblage of parcels which will total 24.32 acres. Ms. Cameron stated that this project is in partnership with the Town of Estes Park and the Estes Valley Land Trust will hold the conservation easement; she noted that they are requesting $5,000 from the Open Lands Program and the Town of Estes Park is contributing $130,000 from their Open Space dollars.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of $5,000 from the Open Lands Fund for the Bickle Conservation Easement in Estes Park, as requested.

Motion carried 2 - 0.

3. INVITATION FOR AUGUST 5, 1998: Ms. Cameron extended an invitation to the Board to attend a photo session in Estes Park at 9 a.m. on August 5, 1998 by the Statute of Samson, with the Smithermans, Estes Land Trust people, etc. Chair Olson and Commissioner Clarke have previous engagements; therefore, Commissioner Disney will be the only Commissioner attending.

4. TDU ADMINISTRATOR POSITION: Ms. Cameron reminded the Board that a TDU Administrator position was approved by them on July 21, 1998 and she is going to start advertising for this position through the month of August; she reviewed the places where they will be advertising and asked the Board if she should place an ad in the Denver Post, which is $1,200 for one Sunday's advertisement. After discussion, the Board said "No", as most applicants will learn about the position through the Internet.

5. UPDATE: Commissioner Disney stated that he had his monthly meeting with Anna Lanahan, Berthoud Town Administrator, and Berthoud Mayor Dick Strahan, and Berthoud is very interested in looking at TDU's; he noted that at the last Loveland Council Meeting, they appointed a TDU internal committee to look at TDU's internally before going out externally; he suggested to Ms. Lanahan and Mr. Strahan, in order to save wear and tear on staff when formulating how TDU's will work, that our meetings be combined, and they agreed with the suggestion.

5. OPEN LANDS STAFFING: Ms. Cameron stated that they are talking about going back to the voters in '99 to extend the sales tax for open lands and they need to be prepared in two areas: 1) Moving full speed ahead with negotiations to have options in place so voters can see what they are doing; 2) Getting the management plans done on the lands they have purchased, we need to get the management plans done; she noted that from Sept. '98 through '99, they are proposing to bring on some temporary contract employees to work on these two areas. Ms. Cameron stated that Board approval is required to hire contract employees; she noted that they will need a Land Agent I to assist Jerry White, the Right-of-Way Agent, and an environmental planner or resource specialist to work on the management plans. Ms. Cameron stated that they are proposing the Land Agent position through budget revisions this year and the other position wouldn't come on board until 1999; she noted that their goal is to keep the administration at 10% and they are below that and there are monies in the Open Lands funds for these two positions. The Board concurred with the request to move forward with hiring persons for these two contract positions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 4:10 p.m. to discuss contract negotiations.

Motion carried 2 - 0.

The Executive Session ended at 5:05 p.m.; no action taken.

THURSDAY, JULY 30, 1998

ABATEMENT HEARING FOR TRIUNE FOUNDATION, LTD.

(#363 - Side B & #364)

The Board of County Commissioners met at 3:00 p.m. for an Abatement Hearing for Triune Foundation, Ltd. Chair Olson presided and Commissioner Disney was present. Also present were Shelley Kechter and David Muse, Senior Appraisers, and Mike Baller, Secretary for Triune Foundation, Ltd. Recording Clerk, Sherry Graves.

PARCELS #87083-10-002 & #87082-06-003: Ms. Kechter stated that the purpose of appraisal is to determine Market Value as of January 1, 1997, based on an appraisal date of June 30, 1996; she described the location, which is in the Fort Collins Industrial Business Park, and the square footage of each parcel, noting that it is in the I-Industrial Zone and not in the floodplain. Ms. Kechter stated that they determined net square footage by taking the gross square feet and subtracting out the ditch easements, as these would not be allowed to be built upon; she noted that other easements, such as water line, sewer and utility easement are not deducted as they are typical for this property type and land over these easements could be used for parking/access. Ms. Kechter noted, however, that the land is low lying and may require fill and the overall conditions were considered in the valuation and the subject property has been classified as Commercial Vacant Land for assessment purposes and the Assessor has considered all applicable methods for the subject parcel on appeal; she noted that looking at comparable land sales, lots like the subject property are valued at $1.30 a sq. ft., but, based on State Law, if less than 80% of the lots are developed or sold, they value on present worth basis and they were valued at .57 per sq. ft. for each lot based on the net square footage. Ms. Kechter stated that after consideration of the Market Approach to land valuation, it is the Larimer County Assessor's opinion that the values of subject parcels be adjusted as follows, and most accurately reflect the values of the subject properties in Larimer County for the 1997 tax year: #87082-06-003 reduced from $43,900 to $36,400 and #87083-10-002 reduced from $68,300 to $56,500.

PARCELS #87082-06-005 THRU 009; #87082-07-002 & 003; AND #87071-08-004: Ms. Kechter described the location of these lots, noting the conditions are the same as outlined above but the land was valued as raw land at 25 cents per sq. ft., or $11,000 per acre; she reviewed comparable sales in the area and noted that these properties were listed for sale by the owner at $15,000 per acre. She noted that the subject property has been classified as Commercial Vacant Land for assessment purposes, and after consideration of the Market Approach to land valuation, it is the Larimer County Assessor's opinion that the values of the subject parcels be adjusted as follows, which most accurately reflect the values of the subject properties in Larimer County for the 1997 tax year: #87082-06-005 reduced from $43,200 to $18,900; #87082-06-006, 007, & 008 reduced from $22,100 to $9,700; #87082-06-009 reduced from $29,800 to $13,100; #87082-07-003 reduced from $75,400 to $45,900 and that #87082-07-002 remain valued at $98,900 & #87071-08-004 remain valued at $30,100.

Mr. Baller stated that Triune Foundation, Ltd. is a non-profit organization and this property was given them 6-7 years ago and was put on the market immediately and in six years, they had no offers to buy and they tried to figure out why; he noted that he has now figured out why. Mr. Baller stated that all the utility boxes are on their property in the easement and so they have probably lost 30 ft. usage of their property; he also noted that each lot needs 1 1/2 ft. of fill, which would amount to $15,000 per lot and the 9-acre envelope has a big hole in it (300 ft. long and 100 ft. wide and 10 ft. deep) which would cost $105,000 to fill. Mr. Baller requested that the value for that envelope be $38,800 and he also noted that there were no curb cuts made for their platted subdivision. Mr. Baller stated that he just received a letter from Larimer County proposing the Dry Creek Flood Plain and that will cost $3,500 to $5,000 per acre; he noted that if that happens, the County can have their property. Ms. Kechter addressed his concerns; she noted that the utility boxes on the front lots are basically on the corner and do not hamper the access. Ms. Kechter stated that fill was definitely considered in their appraisal and the concern about the Dry Creek Flood Plain doesn't affect 1997 values; she noted that if the new road goes through, he might have to pay some of those costs, but it will definitely enhance the property. Ms. Kechter stated that the Assessor's Office is aware of all the circumstances Mr. Baller mentioned and lowered the value accordingly; she noted that the value jumped because '97 was a re-appraisal year and the property had been overlooked for a number of years and they have to bring it up to market value or its not fair to all the other taxpayers.

Mr. Baller stated that he doesn't think the big hole was taken into consideration; he noted that in 1996 the value was $132,000 and then raised to $500,000 and now lowered to $328,000 and he requested the Board reduce the value back to the 1996 value of $132,000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the Assessor's recommendation of partial abatement and recommended adjustments for those lots as outlined above and denial for the two lots as mentioned above.

Motion carried 2 - 0.

The hearing adjourned at 4:00 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

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