> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 23, 1998

MEETING REGARDING OPEN LANDS ACQUISTIONS

(#399)

The Board of County Commissioners met at 1:45 p.m. with K-Lynn Cameron, Manager Open Lands and Gregg Pickett, Director Parks and Open Lands. Chair Olson presided and Commissioners Clarke and Disney were present. Recording Clerk, Sherry Graves.

Ms. Cameron stated that the purpose of today's meeting with the Board is for them to review and take action on acquisition of three properties; she noted that the Open Lands Advisory Board unanimously recommended approval of these properties.

ACTION ITEMS:

1. Williams Property - Duck Lake: Ms. Cameron described the location of this property, noting that it is 8.5 acres adjacent and contiguous to a 160-acre parcel south of Duck Lake just south of County Road 32 in the Fossil Creek Reservoir area; she noted that this land has been identified as open space in the Fossil Creek Area Plan and is important to the Open Lands Program. Ms. Cameron stated that following two appraisals, a value of $155,000 was placed on this property; she noted that the landowner is donating 15% of the value, leaving a land price of $131,000 and $5,000 for surface water, for a total purchase price of $136,000.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the purchase of property Corridor/East 98-82, known as the Williams property near Duck Lake, and authorize the Chair to sign Resolution authorizing same.

Motion carried 3-0.

R98-181g RESOLUTION FOR ENTERING INTO CONTRACT TO PURCHASE

PROPERTY CORRIDOR/EAST 98-82 FROM BYRON E. WILLIAMS

FOR THE OPEN LANDS PROGRAM

2. Hughey Property - Horsetooth Mountain Park Expansion: Ms. Cameron stated that this property of 282 acres is an expansion to Horsetooth Mountain Park on the southwest side of the park; she noted that the appraisal on this land was $310,000 and a $150,000 grant was received from Great Outdoors Colorado (GOCO) and the landowner is donating 10% or $31,000 of the property value, which leaves $129,000 for the Larimer County Open Lands Program. Ms. Cameron stated that this project will provide an important buffer to the park from existing and expanding subdivision activity where 35-acre development is rapidly fragmenting the once expansive Redstone Canyon, as well as provide another location for a trail leading to Horsetooth Rock.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the purchase of RP Buffer 96-15, known as the Hughey property for the Horsetooth Mountain Park expansion, for the Open Lands Program, and authorize the Chair to sign the resolution authorizing same.

Motion carried 3-0.

R98-182g RESOLUTION FOR ENTERING INTO CONTRACT TO PURCHASE

PROPERTY NAMED RP BUFFER 96-15 FROM AUDRA L. HUGHEY

FOR HORSETOOTH MOUNTAIN PARK EXPANSION

3. Blue Mountain Bison Ranch Conservation Easement: Ms. Cameron stated that this property is a conservation easement of 4100 acres in the foothills adjacent to existing regional parks and is the first step of a larger project; she noted that this wide expanse of land is in an area identified for protection by the Open Lands Program. Ms. Cameron stated that this property is valued at $2,666,000.00 and a GOCO grant of $650.000.00 has been received through the Immediate Opportunity Fund and the landowner has donated 25% of the value of the property, which leaves Larimer County's share at $1,350.00.00. Ms. Cameron described the funding source for this purchase, noting that GOCO will provide two low-interest loans and the Conservation Fund will provide a two year loan of $300,000 at 6% interest.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the purchase of Blue Mountain 96-20, known as the Blue Mountain Bison Ranch Conservation Easement, as requested.

Motion carried 3-0.




DISCUSSION ITEMS:

Ms. Cameron informed the Board that the Open Lands Board has made a recommendation for the Sylvan Dale Ranch proposal to move forward and she will schedule another meeting with the Board in the next few weeks to bring that project to them for approval.

-- Open Lands Advisory Board Membership: Ms. Cameron stated that as Kathay Rennels is the new Commissioner-Elect, she has resigned from the Planning Commission and she is their representative on the Open Lands Advisory Board; she asked the Board if they would like for either Pete Salg or Wendell Amos to replace Kathay as representative from the Planning Commission. After discussion, the Board decided that the Planning Commission should make their recommendation to the Open Lands Advisory Board.

INFORMATIONAL ITEMS:

-- December 17, 1998 Open Lands Holiday Celebration: Ms. Cameron invited the Board to attend the Open Lands Holiday Celebration on December 17, 1998.

-- February 11, 1999 Joint Work Session: Ms. Cameron stated that she has tentatively scheduled a joint worksession with the Board of County Commissioners and the Open Lands Board on February 11, 1999.

The meeting adjourned at 2:15 p.m.

LAND-USE PLANNING MEETING

(#399 @ 1000)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Matt Lafferty, Planner II, and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. AMENDED PLAT OF LOT 16, AND PORTIONS OF LOTS 14, 26, 27 &

28 WITHIN BLOCK 8 OF THE GLEN HAVEN SUBDIVISION

(#98-SA1314): 34-06-72 - LOCATED ALONG THE WEST AND EAST

SIDES OF COUNTY ROAD 43; 4.24 ACRES; 5 LOTS EXISTING AND

3 LOTS PROPOSED

This is a request for an amended plat to modify the lot lines between Lot 16 and portions of Lots 14, 26, 27 and 28 within Block 8 of the Glen Haven Subdivision; said amendment will reduce the number of existing lots affected by this action from 5 to 3. 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 Lot 16 and portions of Lots 14, 26, 27 & 28 of Block 8 with the Glen Haven Subdivision.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Amended Plat of Lot 16 and portions of Lots 14, 26, 27 and 28 within Block 8 of the Glen Haven Subdivision (#98-SA1314).

Motion carried 3-0.

The hearing adjourned at 3:05 p.m.

TUESDAY, NOVEMBER 24, 1998

ADMINISTRATIVE MATTERS

(#399 @ 1200)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Kathay Rennels, Commissioner Elect; Captain David Cox and Bill Eckrich and James Gonzales from the Sheriff's Department Traffic Safety Unit; Deni LaRue, Community Information Manager; Tom Clayton, CSU Fall Intern; Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Kelly Ohlson, Mark Easter, and Jack Swets. Mr. Ohlson cautioned the Commissioners, while conducting the Partnership Land Use System (PLUS) Code hearings, not to worry about pleasing the most extreme fringes of the political spectrum or the economically-vented vested interests who always squeal when government does something they don't like. Mr. Ohlson stated that his proposals for the Code were modest and based on common sense and he played by the rules, attended the meetings, gave his input and was listened to, but his thoughts were not accepted, but he supports the new PLUS Code, as scheduled and as proposed, even though it is not what he would like to see; he requested that the Commissioners not cave into pressure and to show courage and not further weaken this document. Mr. Ohlson questioned a statement made in the Coloradoan by Ed Haynes regarding changes and improvements that were made to the document during an informal meeting with the Commissioners; Chair Olson responded that the Commissioners don't make promises or changes without the Clerk being present to record the changes.

Mr. Easter, speaking on behalf of the Sierra Club, expressed concern that their issues in the new PLUS Code have been lost and he wanted to reiterate some of their concerns; first, he wanted to make it clear that in spite of what is in the Coloradoan, the Sierra Club has not pulled their support for the new land-use code and have no intentions of doing so. Mr. Easter stated, however, that from the Sierra Club's perspective, the land-use code is a compromised document and overall perceived to be rather weak from the standpoint of environmental protection and he urged the Commissioners to remain on tract and keep the Code consistent with the Master Plan approved last year. Mr. Easter stated that growth is the No. 1 issue with the Sierra Club, and for most residents of Larimer County, and to think that we can maintain our current quality of life with this phenomenal growth and with the present code is folly; he continued that we need a strong land use plan and code to direct our growth and despite claims to the contrary, the land-use code is really about protecting rural lands and the rural lifestyle, as well as the wetlands and wildlife. Mr. Easter stated that the land-use code isn't going to put family farms and ranches out of business, in fact it will actually protect the family farms and ranches by placing appropriate constraints on development when a neighbor decides to grow houses.

With regard to the subject of the last speaker, Mr. Swets stated that the family farm is a doomed fact; he noted, for instance, that corn is the same price as it was 50 years ago and the retirement income of many people is their land; he continued that if we want to preserve the family farm, we must make sure that the people with land can survive. Mr. Swets asked the Board if there is anything in the Code that relates to agricultural entertainment; he noted that the East Coast States have this and it would have covered his corn maze, selling pumpkins, etc., anything that would supply additional income to the family. Mr. Swets discussed the $200,000 cell tower, which has been erected on land, owned by some Denver investors, adjacent to his land; he asked what is going on and said they were denied due process on this and now the income from this tower is going to the Denver economy rather than Larimer County. Mr. Swets also asked if the Commissioners have discussed with the County Engineers what they are going to do with his house as the County's reservation now goes through his garage. As the Board didn't know anything about this, they will ask County Attorney George Hass about it later this morning. The Board asked Mr. Swets for a copy of the East Coast Code that includes agricultural entertainment; he responded he would obtain a copy for them. The Board noted that this could be incorporated into the Special Events Permit for Larimer County, which is part of the PLUS Code.

2. PROCLAMATION FOR "AMERICA BUCKLES UP CHILDREN" WEEK: Chair Olson read aloud a proclamation supporting November 23 - 29, 1998 as Operation ABC Mobilization: "America Buckles up Children Week". Mr. Eckrich stated that this is the largest-ever coordinated crackdown on drivers who don't buckle up children and the Larimer County Sheriff's Office joins over 1,000 organizations nationwide giving their "Endorsement for Enforcement"; he noted stated that a person is 70% more likely to survive a crash if buckled up and he expressed appreciation to the Board for this Proclamation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim November 23-29, 1998 as Operation ABC Mobilization: "America Buckles up Children Week".

Motion carried 3 - 0.

3. APPROVAL OF MINUTES FOR WEEK OF NOVEMBER 16, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of November 16, 1998, as submitted.

Motion carried 3-0.

4. APPROVAL OF SCHEDULES FOR NOVEMBER 30 AND DECEMBER 7, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedules for the week of November 30, and December 7, 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 November 24, 1998:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: GMDI Leasing/Dellenbach Subaru; Paragon Analytics; Entenmanns/Oroweat Foods; Mtn. Vista Greens, Ltd.; Ft. Collins Collision Repair; Nicholas C. Jenks; Ellsworth D. & Judy A. Pettit; and Clarence A. & Virginia M. Ferris.

MISCELLANEOUS DOCUMENTS: Certification of Payments/Warrants for October 1998 for Human Services; Amended Plat of Lot 16 & Portions of Lots 14, 26,27 & 28, Block 8 of the Glen Haven Subdivision; Amended Plat of Crystal Lakes 11th Filing, Lots 48 & 49 A; Request for Engineering to hire above Step E in the Larimer County Salary Range; and Request for Employment and Training Services to hire a Program Specialist I.

LIQUOR LICENSES: Licenses were issued to: Mishawaka Inn, Inc. - 6% - Bellvue, CO.; Red Feather Café and Bar - 6% - Red Feather, CO.; Schrader Country Store #440 - 3.2% - Fort Collins, CO.; Seven Eleven Store #32276 - 3.2% - Fort Collins, CO.; and Young's Liquor - 6% - Fort Collins, CO.

A98-175 AMENDMENT TO INDEPENDENT CONTRACT AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

APPLIED RISK SOLUTIONS, INC. (Amend Contract #97-15 to

Include Assistance with TPD Selection)

A98-176 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FORT COLLINS

COLLISION REPAIR (Provision of Auto Body Repairs - #98-22)

A98-177 EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BOOTS LIMITED PARTNERSHIP, A

LIMITED PARTNERSHIP AND BERNETT F. & ALICE J. GINDLER

(Gindler Open Lands Acquisition)

C98-67 ADDENDUM TO CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND UNISYS (Provision of Surety Support

Services for Network Maintenance)

D98-19 QUIT-CLAIM DEED BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF THORNTON IN ADAMS

COUNTY (Dedication of Road ROW - Project #208 CR 56 Bridge)

Motion carried 3-0.

At this time, County Attorney George Hass joined the meeting for legal matters.

6. LEGAL MATTERS:

As requested previously by the Board, Mr. Hass looked into and discussed the location and extent review process for open lands purchases; he noted he has been unable to touch base with Boulder County, but Jefferson County has the oldest and largest open space program in the State and they do not do location and extent review, nor does Douglas County. Mr. Hass continued that both of those Counties have an independent board, as does Larimer County, to review open lands purchases and they consider that a sufficient process to go through to make sure there is some order to their acquisitions. The Board asked Mr. Hass to review the page and a half in the Code that relates to this matter.

The Board asked Mr. Hass about the question raised by Jack Swets earlier this morning regarding the County reservation running through his garage; as Mr. Hass was not familiar with this situation, he will check into it and report back to the Board.

Commissioner Clarke stated that he had a call from the County Attorney in Jefferson County and they are working on a Bill they want to put forward regarding the instance when a property owner goes through the Board of Equalization process and the Board of Assessment Appeals, there isn't a provision in the law that if the property is under valued, it is appropriate to raise the value. Commissioner Clarke stated that Jefferson County has spent over $300,000 on one specific case alone involving this situation; the question is how can the Board of Equalization be fair and equitable if they don't have the ability to raise or lower value? Mr. Hass noted that this ability to do both was in Statute several years ago and then taken out. Commissioner Clarke continued that as they don't have a Legislator to carry this Bill, they wondered if Larimer County had a Legislator to carry it and he asked his colleagues if they want to get involved with this? Commissioner Disney stated that this proposal is fair to the other taxpayers. Chair Olson stated that we should support Jefferson County and Commissioner Clarke will call Rep. Bill Kaufman about this.

The meeting adjourned at 10:05 a.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