PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, APRIL 26, 1993
SUBDIVISIONS
(#203 & #204)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Al
Kadera, Subdivision Administrator; Richael Michels, Planner; Russ Legg,
Development Processing Administrator; Jill Bennett, Comprehensive
Planner; John Pedas, Code Enforcement Officer; Jerry Blehm,
Environmental Health; and Jeannine Haag, Assistant County Attorney.
Recording Clerk, S. Graves.
Mr. Barnett stated that the following is a consent item and will not be
discussed unless requested by the Commissioners or members of the
audience.
1. TERRA VISTA MINOR RESIDENTIAL DEVELOPMENT (#S-57-90) VACATION OF
ACCESS EASEMENT (#93-OS0270): 04-07-69; NORTH SIDE OF VINE DRIVE,
1/4 MILE EAST OF OVERLAND TRAIL; FA-FARMING ZONING (4-26-93)
This is a request to vacate an access easement, which provided access to
an adjacent parcel. Staff Findings include: 1) The Terra Vista Minor
Residential Development was conditionally approved on September 17,
1990; 2) The applicant was required to provide an accessed easement to a
garage on an adjacent parcel; 3) The adjacent parcel has been acquired
by the same persons, who own Lot 2 of the Terra Vista Minor Residential
Development; therefore, the easement is no longer needed; 4) The County
Engineer has reviewed the request to vacate the easement and stated no
objections.
Staff Recommendation is for Approval of the request to vacate the access
easement along the east and north sides of Lot 2, Terra Vista Minor
Residential Development.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Terra Vista Minor Residential
Development (#S-57-90), Vacation of Access Easement (#93-OS0270).
Motion carried 3 - 0.
2. BRIARWOOD MINOR RESIDENTIAL DEVELOPMENT (#93-EX0228): SE 1/4
04-07-69; 1/4 MILE NORTH OF WEST VINE DRIVE ON THE WEST SIDE
OF NORTH TAFT HILL ROAD, NORTH OF LIBERTY MEADOWS SUBDIVISION;
18.3 ACRES; 4 LOTS; FA-FARMING ZONING (4-26-93).
This is a request to divde an 18.3 acre parcel into four lots of 3.4,
4.2, 5.0, and 5.4 acres for single family dwellings. Ms. Michels
reviewed the project description, major concerns and issues, and noted
that the applicant is proposing a three-lot Minor Residential
Development with an average lot size of 2.9 acres with a 10-acre tract
reserved for future development. Ms. Michels stated that there has been
considerable neighborhood opposition to development of this site,
primarily stating they wish for the area to remain agriculture. Staff
Findings are: 1) The proposed Briarwood Minor Residential Development is
consistent with the technical requirements for Minor Residential
Developments which were in effect at the time of submission of this
proposal; 2) The Larimer County Engineering and Health Departments, the
Fire District, all utilities and other interested agencies have reviewed
this Subdivision and have stated no objections as long as certain
conditions are met; 3) The proposed Minor Residential Development
appears to be compatible with the existing development in the area and
appears to meet the intent of the Larimer County Comprehensive Plan; 4)
Approval of the Briarwood Minor Residential Development, with the
following conditions, will not have any significant negative impacts on
the surrounding properties, transportation facilities, utility services,
the natural environment, or on overall health and safety.
Mark Linder, applicant, stated he is in agreement with all the Staff
requirements and conditions; he thinks it is a good plan and in
compliance with County policy. To address some of the neighbor's
concerns, Mr. Linder assured the Board that the lots will be maintained
and he has no intention of taking the water off the property. Mr.
Linder stated he has tried to work with the neighbors and alleviate
their concerns by making changes in his original request. The following
persons cited their concerns of preservation of deer and wildlife in the
area, existing easements remaining in place, disruption of the openness
of the area, insufficient water supply, and the possibility of high
density, access, and increased traffic when the 10 acres to the north
are developed: Burt Nelson, Christy Brunz, Hugh Lake, Todd Mauer, and
Sherry Thomas, all adjacent property owners. Rick Wells and Phil
Pringle voiced their support for granting this request, noting it is a
high-quality plan for development. Darry Karns, representing Citizen's
Planners, recommended the Board deny this request; noting that according
to UGA guidelines, the site should be developed as a subdivision with a
much higher density. Following lengthy discussion, the conditions were
amended slightly as follows:
Staff Recommendation is for Approval of the Briarwood Minor Residential
Development, with the following amended conditions: 1) The proposed
cul-de-sac must be constructed to full urban standards including curb,
gutter, and sidewalk to the satisfaction of the County Engineering
Department prior to recording the Final Plat; 2) Full construction plans
must be approved by the County Engineering Department prior to beginning
construction of the cul-de-sac; 3) The 10 acres north of the water lines
must be labeled on the Final Plat as "Not a Building Site". This land
cannot be built upon until it is divided as a Planned Unit Development;
4) An Annexation Agreement must be signed by the Developer prior to
recording the Final Plat; 5) Utility plans must be submitted to and
approved by the City of Fort Collins prior to installing the water and
sewer lines; 6) The water and sewer lines must be installed prior to
recording the Final Plat; 7) New single family homes must hook up to the
sanitary sewer; 8) A 10' utility easement must be shown on the Final
Plat adjoining the right-of-way lines of the cul-de-sac; 9) Only one
horse may be kept on Lots 1 and 2 and only two horses may be kept on Lot
3. All horse containment facilities, barns, corrals, sheds, etc., must
be kept 100' from any part of Liberty Meadows. Tract A may have only 10
horses and only until such time as the properties to the north, east or
west develop at a higher density. There can be no sheds, barns, etc.,
on Tract A and there can be no commercial horse boarding on any of the
Lots or Tract A; 10) Covenants must be recorded which specify the
following: A) Responsibilities of the Homeowners' Association to
maintain the cul-de-sac; B) Vacant lots and Tract A will be maintained
in a condition which prevents soil erosion, and keeps vegetation cut; C)
Determination of who is responsible for lot maintenance; D)
Establishment of a Homeowner's Association; E) Restricts perimeter
lotfencing to a type approved by the Division of Wildlife for
facilitating deer movement; G) Address irrigation water supply and the
rights of lot owners to utilize irrigation water; 11) A fire hydrant
meeting Poudre Fire Authority's specifications must be installed at the
cul-de-sac prior to recording the Final Plat; 12) The actual ditch
easements for the New Mercer Ditch and the Elliot Irrigation Ditch must
be shown on the Final Plat; 13) School Fees of $8 per lot must be paid
prior to recording the Final Plat; 14) Wrritten agreements must be
reached with the New Mercer Ditch and the Elliot Irrigation Lateral
owners regarding access, maintenance and use of ditches on the property.
The agreements must be recorded and the book and page numbers included
in a note on the final plat; 15) Plat Notes: The following plat notes
should appear on the Final Plat: A) Engineered footings and foundations
shall be required for all construction on this site; B) Radon detection
tests are required in any new residential structure prior to the
issuance of the Certificate of Occupancy; C) Uses on the lots shall be
restricted to single family dwellings and permitted accessory uses; D)
Park Fees will be collected at the time of building permit issuance; E)
All utilities must be located underground; F) The Fort Collins UGA
Waiver Fee of $700 per lot will be collected at building permit issuance
for all lots; G) The Old Town Basin Drainage Fee will be collected at
the time of building permit for each lot; H) Driveways must be a minimum
of 15' wide and have a Fire Department approved turnaround; I)
Maintenance of the internal road is the responsibility of the property
owners. Failure to maintain the road may result in a lien on the
property; J) There are covenants recorded for this Minor Residential
Development regarding road maintenance and the keeping of animals,
fencing, irrigation, etc.; K) Sewer must be utilized in order to obtain
a building permit; L) There are large water lines within a 50' easement
along the northern boundary of Lots 1 -3. These water lines need
frequent maintenance, and lot owners should be aware that heavy
equipment may need to access these lines at any time. Any plant
materials or fencing placed within this easement is subject to
uncompensated damage; M) Ditch easements are frequently accessed for
ditch maintenance and weed burning or spraying; N) Agreements regarding
the new Mercer Ditch and the Elliot Irrigation Lateral have been
recorded at ______Book/Page_______; 0) Deer may be present on these
lots. Property owners should be aware that deer can cause damage to
landscaping and gardens.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendation with Amended Conditions and approve the Briarwood
Minor Residential Development (#93-EX0228).
Motion carried 3 - 0.
3. ALLEN APPEAL OF MINOR RESIDENTIAL DEVELOPMENT (#93-EX0261):
SW 1/4 18-05-69; 1/2 MILE SOUTH OF US HIGHWAY 34 ON THE EAST
SIDE OF COUNTY ROAD 23H AND WEST SIDE OF COUNTY ROAD 23E;
61.17 ACRES; 2 LOTS; FA-1 FARMING (4-26-93)
This is a request to divide a 61.17 acre parcel with an existing
residence into two lots of 55.5 acres and 5.67 acres for single family
dwellings (previously reviewed in Allen Subdivision (#S-34-88) and Allen
Minor Residential Development (#S-50-91). Mr. Legg provided the
background and noted that the appeal is required because the tract under
consideration for the MRD procedure is not the exact same legal
description as existed May 5, 1972; it has been enlarged by the addition
of Tract A via Boundary Line Adjustment. Staff Findings include: 1) The
subject property is a 55.5 acre parcel that is eligible for the new
Minor Residential Development procedure and a 5.5 acre parcel added to
the 55 acres by Boundary Line Adjustment. The added acreage makes the
entire parcel not eligible under the February 1, 1993 Minor Residential
Development criteria; 2) Prior to adoption of the new guidelines, Staff
recommended the applicant follow the procedure he has followed.
Staff Recommendation is for Approval of the appeal to allow Dr. Allen to
submit a Minor Residential Development.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Allen Appeal of Minor Residential
Development Criteria (#93-EX0261).
Motion carried 3 - 0.
4. VINEY TRUCKING ALLEGED VIOLATION: 1529 WEST VINE DRIVE (4-26-93).
This alleged violation is for storing and maintaining several trucks
(Viney Trucking) in the FA-Farming Zoning District. Mr. Pedas reviewed
the major issues and concerns, submitted a photo of the site taken last
week, and another letter of protest. Staff Findings are: 1) The subject
property is zoned FA-Farming; 2) The FA-Farming Zoning District does not
permit the operation of a trucking business; 3) The property owner has a
new site properly zoned and developed for the operation of the trucking
business; 4) Continued use of the property, inconsistent with the zoning
restrictions, will have a significant effect on property values in the
area; 5) The property owner has had ample time to relocate the business
to the new site.
Staff Recommendation is to find that a violation exists, require
compliance within 30 days, and authorize legal action if the deadline is
not met.
William Wawro, attorney for Mr. Viney, informed the Board that a
contract for sale of the W. Vine Drive property is scheduled for closing
on June 11, 1993; therefore, Mr. Wawro requested an additional 45 days
to come into compliance. It was also noted that one reason for the
delay in moving is that the final inspection at the LaPorte site has not
been completed and they do not have an occupancy permit for the
buildings. Adjacent property owners, Michael Histand and Marian
Herskoff, addressed the Board with their concerns and expressed dismay
as to why this whole process has taken more than two years for Mr. Viney
to come into compliance.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and in the matter of the Viney Trucking Alleged
Violation find that a violation exists, require compliance within 45
days, and authorize legal action if the deadline is not met.
Motion carried 3 - 0.
5. VASQUEZ ZONING VIOLATION: 3828 SURREY RIDGE DRIVE (LOT 1,
BLOCK 2, WRANGLER MEADOWS SUBDIVISION), 1.5 MILES SOUTHEAST
OF LOVELAND (4-26-93)
This is an alleged violation for storing trucks/equipment used in the
seamless gutter business and having employees of the business parking
their personal cars on the property during the day and picking up the
business vehicles (J & P'S Seamless Gutter Service). Mr. Pedas provided
the background of this matter and reviewed the major issues and
concerns. Staff Findings include: 1) The subject property is zoned
FA-Farming; 2) The FA-Farming District does not allow
commercial/industrial uses; 3) The storage of vehicles used in a
seamless gutter service and parking area for employees of the business
does not meet the definition or intent of a home occupation; 4) The
continued use of the property inconsistent with the restrictions of the
zoning requirements will have an effect on property values in the
neighborhood.
Staff Recommendation is to find that a violation exists, require
compliance within 30 days, and authorize legal action if the deadline is
not met.
Ms. Elliott, attorney for Mr. Vasquez, informed the Board that Mr.
Vasquez has offered to build a storage shed but this has not been
acceptable to the neighbors. Ms. Elliott presented pictures of adjacent
properties which are much more in violation than Mr. Vasquez, and stated
that the real problem is discrimination; the real issue is racism and
there is no violation. Ms. Haag responded that if the other neighbors
are in violation, Mr. Vasquez should make a formal complaint. Chairman
Hotchkiss cautioned Ms. Elliott that the purpose of today's meeting is
to review a zoning violation and the discrimination charge should be
handled upstairs in the courts. Several adjacent property owners cited
their concerns and noted there is definitely a violation of the
covenants and stated that Mr. Vasquez is welcome in the neighborhood,
but his business is not. Much discussion followed.
M O T I O N
Commissioner Duvall moved that the Board table the Vasquez Zoning
Violation until May 24, 1993 to allow time for the property owners to
hold a neighborhood meeting to try and resolve some of the problems; and
instructed Staff to visit the area to determine if there are other
existing violations in the neighborhood to make sure everyone is treated
fair and equal.
Motion carried 3 - 0.
6. LOVELAND COMMUNITY VISION PLAN: (4-26-93)
This is a request for Board approval of the Loveland Community Vision
portion of the City of Loveland's Comprehensive Framework Plan and
adoption of the Community Vision as an element of the Larimer County
Comprehensive Plan. Ms. Bennett provided the background of the Loveland
Community Vision Plan and noted that this is the one case in which the
Commissioners make a recommendation to the Planning Commission and they,
in turn, have the final authority to adopt elements of the Comprehensive
Land Use Plan. Staff Findings are: 1) State law and the Larimer
County-Loveland Intergovernmental Agreement allow and encourage joint
planning of the unincorporated area surrounding the community; 2) The
City of Loveland has engaged in an innovative long-term planning
process, which has produced the Community Vision Component of the City's
Framework Plan; 3) The Visions and Goals of the Plan are generally
consistent with the County Comprehensive Plan, although different in
depth and breadth; 4) The Town Image Map is generally consistent with
the County Comprehensive Plan, with the understanding that it simply
states the need for land use planning to determine appropriate levels of
intensity for areas surrounding the town and in no way changes or
overrides land use designations in the County Land Use Plan.
Staff Recommendation is for Approval of the Adoption of the Loveland
Community Vision as an element of the Larimer County Comprehensive Plan,
with the understanding that it is not a land use plan and does not
change or override current land use designations in the Larimer County
Land Use Plan, nor does adoption suggest that the County Land Use Plan
should be changed in the future to conform with designations and areas
shown on the Town Image Map.
Dr. Margaret Schmatz, Loveland City Planner and Project Facilitator,
provided a summary of the Comprehensive Framework Plan and stated that
one of Loveland's main goals is to try and obtain more community
involvement throughout the entire Master Planning process. In
developing the Community Vision Plan over 2,000 people provided input
over a period of two years and 350 people (including Commissioner
Disney) actually wrote the Plan. Dr. Schmatz stated that once the
Community Vision Plan is approved, work will start on the functional
plans; such as, a Transportation Plan, Parks and Recreation Plan, Open
Space Plan, and a Land Use Implementation Plan. Ms. Schmatz noted they
hope to work closely with the County as they develop these Plans.
M O T I O N
Commissioner Disney moved that the Board approve the Community Vision
portion of the City of Loveland's Comprehensive Framework Plan and adopt
the Community Vision as an element of the Larimer County Comprehensive
Plan.
Motion carried 3 - 0.
The meeting recessed at 11:35 a.m.
FLOOD PLAIN REVIEW BOARD APPEAL PUBLIC HEARING
(#207)
The Board of County Commissioners reconvened for a public hearing to
appeal a Flood Plain Review Board decision at 1:30 p.m. Chairman
Hotchkiss presided; Commissioners Duvall and Disney were present. Also
present were Bill Gordon, County Administrator; Rex Burns, Flood Plain
Coordinator; Ed Woodward, Senior Engineering Technician; and, John
Pedas, Code Enforcement Officer. Recording Clerk, D. Lord.
Mr. Burns gave a brief history of the establishment of the Larimer
County Flood Plain Resolution that defined the building restrictions and
review process for variance approval by the Flood Plain Review Board.
He explained that the appeal process is similar to the Board of
Adjustment process, but that appeals for the Board of Adjustment go
directly to the District Court. The County Board of Commissioners is
the appeal body for the Flood Plain Review Board decisions.
He explained the FW-Floodway zone boundaries and the rationale for
establishing restrictions on buildings directly within the Floodway
District. He reported that the primary concern is that the proposed
storage building may cause blockage of lateral flow in the area. That
is, the blockage may prevent flow from moving toward or away from the
river.
Mr. Woodward gave an overview of the history of the Tharp property
development. He reported that after the Big Thompson flood in 1976,
which did considerable damage to the property, the property has been
altered through construction of buildings and retaining walls, some of
which had not been approved through zoning or Flood Plain review. In
August of 1990, Mr. Tharp appealed before the Larimer County Board of
Adjustment. They gave conditional approval to the expansion of the
non-conforming use and one of the four conditions was meeting Flood
Review Board requirements. In December 1990, the Flood Plain Review
Board voted to deny the request because of its location in the Floodway
and numerous existing violations. In March, 1991 the Board of County
Commissioners voted to approve the appeal request by Mr. Tharp,
overturning the Flood Review Board's decision, with the stipulation that
flood proofing on existing buildings be completed. In March of 1993,
Mr. Tharp requested a second variance from the Flood Review Board to
allow construction of a storage building to be located in the
FW-Floodway District of the Big Thompson River.
Chairman Hotchkiss inquired regarding the cabinet shop and its
compatibility with the area. Mr. Pedas replied that there has been a
significant increase in the business since the rebuilding after the
flood, but that variances had been granted to accommodate the growth.
Chairman Hotchkiss invited Mr. Tharp to present his case to the staff's
recommendation for denial of the request for a variance to the Flood
Plain Resolution. Mr. Tharp explained to the Board that the quality of
lumber he was receiving required that it be stored in a protected
environment until it was used for building. In addition, the company
needed storage space for other materials and finished products that was
not available to them with their present buildings.
Mr. David Frick of Resources Consultants informed the Board that his
firm had conducted a detailed hydraulic study and concluded that it
would result in no rise in surface elevations and that the proposed
building would be unlikely to have an an adverse effect on property
owners downstream of County Road 19E in the event of a flood. He said
the effect on flood flow upstream of County Road 19E appears to be
limited to some limited adverse effect on surrounding properties
upstream of County Road 19E.
He further stated that FEMA will accept "no rise" application if they
meet FEMA standards, which this application does. He further stated
that the flood waters are controlled by the roadway, and for that
reason, he feels lateral flow is insignificant. He said that pavement
overlays do not affect the lateral flow and that the county does provide
overlays. Mr. Tharp said that the new building will be elevated and
that it should not need flood proofing.
Public Testimony
Ms. Bonnie Trafford stated that she lived downstream and to the east of
the Tharp property. She said that she was concerned for her safety if
any additional buildings were built on that property. She said that the
threat of flooding was always present in this area and she opposed any
additional building that could make the damage more severe.
Ms. Patsy Spight informed the Board that she lives across the road from
the Tharp property and opposed any additional building. She said that
Mr. Tharp had historically failed to comply with variance conditions
when approval was granted. As an example, she said that there were only
supposed to be seven family members working in the business, but that
she had observed many more cars of workers on the property. She said
that in her opinion everyone downstream from the property would have
increased danger if the variance was granted.
Mr. Bret Larimer, Mr. Frank Van Baren and others spoke in support of
granting the variance. Reasons for the support ranged from keeping
housing prices down to general support for the variance.
Chairman Hotchkiss asked about the Review Board's response to the FEMA
position. Mr. Woodward responded that the Review Board believed that
the property did meet the no rise in flood water criteria developed by
FEMA, but that the other variables had to be taken into consideration.
Chairman Hotchkiss further noted that the problem, as identified by the
county engineers, was based on the lateral flow issue.
Commissioner Disney said that he counted 18 existing, non-conforming
structures on the map. He said that he was in Big Thompson Canyon right
after the flood and noted that the biggest problem appeared to be from
materials obstructing the flow of water, which increased the flooding
throughout the area. He further stated that he would be concerned that
approving the appeal would set a negative precedent that could put the
entire area in jeopardy when flooding occurs.
Commissioner Duvall expressed her concern that the Board might appear as
if it did not support small business if it decided against the appeal.
She affirmed that small businesses in Larimer County were high on the
Board's list of priorities. However, she noted that it appeared that
this particular business had outgrown its location. She also stated her
concern regarding the amount of lumber to be stored on site if the
building was approved, and agreed that the amount given would appear to
impose a significant danger to the area in the event of a flood.
Mr. Woodward also noted that Mr. Frick's analysis did not take the
potential danger from bridge blockage and debris from the storage
building into consideration.
After more discussion regarding the issue, the public testimony session
was closed.
MOTION
Commissioner Disney moved that the recommendation of the staff to deny
the request for a variance to the Flood Plain Resolution be accepted.
Motion carried 3 - 0.
The meeting was recessed at 2:30 p.m.
EMERGENCY MEDICAL SERVICES GRANT APPLICATIONS AND PROCLAMATION
(#207)
The Board of County Commissioners reconvened in regular session at 3:00
p.m. with Dr. Laurence Johnston, Director of Environmental Health and
Mark Johnson, Larimer County EMS Coordinator. Chairman Hotchkiss
presided; Commissioners Duvall and Disney were present. Also present
was Bill Gordon, County Administrator. Recording Clerk, D. Lord.
Dr. Johnston gave an overview of the development of Emergency Medical
Services in Larimer County since 1978. Mr. Johnston explained that the
Board has designated the Emergency Medical Services Advisory Council to
review each EMS application and prioritize the grants according to the
guidelines forwarded from the state. The factors used to develop the
priority order of grant applications are based on the guidelines
formulated at the state level.
The priority classification developed through the review process of the
EMS Advisory Council was discussed in detail by the Commissioners and
the EMS staff.
MOTION
Commissioner Disney moved that the Board adopt the priorities for the
grant applications recommended by the EMS Advisory Council for
submission to the state.
Motion carried 3 - 0.
MOTION
Commissioner Disney moved that the Board approve the Proclamation to
declare May 23 - 29, 1993 as Emergency Medical Services Week.
Motion carried 3 - 0.
The meeting was adjourned at 3:45 p.m.
TUESDAY, APRIL 27, 1993
EMPLOYMENT AND TRAINING SERVICES (ETS) QUARTERLY MEETING
(#208)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Neil Gluckman, Director of ETS. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Kathy
Koithan, Private Industry Council Chairman, and Bill Gordon, County
Administrator. Recording Clerk, S. Graves.
1. Private Industry Council Update: Ms. Koithan stated that the Private
Industry Council continues to work on communications between PIC and
Staff. An orientation packet, containing biographies of all the PIC
Members, is presented to all new members. Ms. Koithan reported on
several upcoming events; on April 30, 1993, they will attend the
Governor's Job Training Coordinating Council to defend the modification
of their two-year plan, and the Colorado Job Training Partnership
Association Conference will meet in Vail on May 19 - 21; and hopefully
Commissioner Duvall will be able to attend. Ms. Koithan stated that the
purpose for attending these meetings is to enhance communications from
the local level to the State level. They are busy preparing for the 8th
annual Business Expo, a free 1/2 day seminar attended by over 1,000
persons which is geared to the small business owner. Previously, the
Business Expo was funded thru the Governor's Job Training Office but
will not be this year. Therefore, they are attempting to find a partner
to assist in funding. This year, they might have to charge a small fee
for attending the Expo. Chairman Hotchkiss requested Ms. Koithan to
keep the Board apprised of their efforts in finding a partner to assist
in funding and if some County assistance might be needed. At the Expo
this year, they are hoping to have a forum on sustainable economic
development; Commissioner Disney noted that he will be attending a 4-day
workshop in Kentucky in May on this subject.
2. Director's Report: Mr. Gluckman reminded the Board that there has
been a 18% cut in allocations for ETS over last year. In an attempt to
meet this cut, ETS has reduced Staff thru attrition and reassigned
responsibilities. Mr. Gluckman stated there are over 18,000 eligible
clients in Larimer County and they have a waiting list for their
services. The cut was determined by unemployment rate and Mr. Gluckman
also noted that ETS is not at the top of the favored projects of the
current Administration in Washington. Mr. Gluckman stated that the
Larimer County ETS Office is currently being studied by SRI (Stanford
Research Institute). Twenty ETS Offices were chosen for the study and
the information gathered by this study will be printed in a booklet
"Best Practices".
3. Program Update: Mr. Gluckman noted that the Summer Youth Program is
tied to the stimulus package which provides about $800,000 for 350
youth. This year they are going to run a Conservation Program with the
CSU Environmental Learning Center.
4. Partnerships: Mr. Gluckman stated that ETS has had partnerships for
years; they started in 1981-82 with private and public sectors and have
tried to focus on the customer and meet their needs. They have been
able to build alot of successful partnerships in both human services and
the business community. Mr. Gluckman would like to be able to actively
support what is good for the County and ETS and to build new coalitions
and partnerships for their customers and the community. Commissioner
Duvall reported that Poudre High School wants to develop a community
learning center and would like to work with the County; PHS would like
to open their facilities to the community.
With regard to the Public Relations Position the Board is considering,
Mr. Gluckman noted there is a very capable person on his Staff who has
offered his assistance in research and advice and direction.
The meeting adjourned at 10:20 a.m.
WEDNESDAY, APRIL 28, 1993
ADMINISTRATIVE MATTERS MEETING
(#209/210)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Linda Coxen,
Administration Administrator, and Jane Bradley, Victim Witness Program
Director, of the District Attorney's Officer, were also present.
Recording Clerk, D. Lord.
1. Mr. Frank Lancaster, Northern County representative to the Colorado
Lung Association Board of Directors, presented a proclamation for Board
endorcement for "American Lung Association of Colorado Clean Air Week
1993" for the week of May 2 - 8, 1993.
MOTION
Commissioner Duvall moved that the Board accept and sign the
proclamation to declare May 2nd thru 8th, 1993 as "Clean Air Week".
The Motion carried 3 - 0.
2. Linda Coxen introduced Jane Bradley to the Board as the Director of
the District Attorney Office's Victim Assistance Program. Ms. Bradley
informed the Board that Referendum A, which passed in November of 1992,
will assist in providing the necessary attention and support to the
victims of crime in the state.
She asked the Board's endorsement for the proclamation to dedicate the
week of April 25 thru May 1, 1993 as Victims' Right Week.
MOTION
Commissioner Duvall moved that the Board approve and sign the
proclamation declaring April 25th through May 1st, 1993 as "Crime
Victim's Rights Week".
The motion carried 3 - 0.
3. The Board received a letter from Rena Mackrill, Executive Director
of the Department of Human Development, requesting that Janet Erickson
be appointed as a member of the Larimer County Housing Authority
Advisory Committee, to fill the unexpired term of Ruth Campos, which
ends in December, 1993.
MOTION
Commissioner Duvall moved to appoint Janet Erickson to the remainder of
Ruth Campos' term on the Larimer County Housing Authority Advisory
Committee, which terminates on December 31, 1993.
The motion carried 3 - 0.
4. Joan Duchene, Board Secretary, introduced Mr. Koger Propst,
President of the First Bank. He invited the Board to attend the bank's
open house, which will be held at the Harmony-Lemay location on May 3,
1993 at 8:00 a.m.
5. The City Council of Fort Collins forwarded a resolution nominating
Mayor Ann Azari to replace Loren Maxey to the Larimer Emergency
Telephone Authority, effective April 13, 1993, for a two-year term.
MOTION
Commissioner Duvall moved to accept the City of Fort Collins'
recommendation and appoint Ann Azari to the Larimer Emergency Telephone
Authority, effective April 13, 1993 for a two year term ending April 13,
1993.
Motion carried 3 - 0.
6. The Board received a letter from John MacFarlane requesting that the
Board approve extending the term of Bob Huff on the Larimer County Parks
Board for one more year. Mr. Gordon informed the Board that a policy
had been established to limit the number of terms anyone could serve as
an appointee of the Board. The primary reason for the limitation of
terms of office was to ensure that opportunity was provided for as many
citizens as possible to participate on Board-appointed boards and
committees. The problem with the Parks Board, according to the request,
is that three of the Board member's terms will expire at the same time.
The Board wants to assure some degree of continuity of current
operations by extending Mr. Huff's term for one year.
MOTION
Commissioner Disney moved that the Board extend Bob Huff's term of
appointment from December 31, 1994 to December 31, 1995, as an exception
to policy.
The motion carried 3 - 0.
7. COMMISSIONERS' REPORTS: Commissioner Disney reported that he had
attended an all day meeting regarding the Poudre Scenic ByWay
Association to work on the plan mechanism to set up the Management Plan.
He also reported that he had received a call from Jim Thompson
requesting a letter of support for Tyler Norris' grant application to
the National Civic League to bring a contingent of Russian Citizens to
Colorado to study land use and observe appropriate County government
staff activities. The Board agreed to send the letter.
Commissioner Duvall reported that she had met with the staff from the
Human Services Department. She said that one of the most critical
problems they faced was that at times the state allowed as little as 20
day turn around time to complete grant applications. She said they
asked the Board's understanding and cooperation when requests were made
for approval and signature within short time frames. Chairman Hotchkiss
said that the Board has long been aware of the problem and has made
every attempt to assist the department in emergency situtation.
Commissioner Duvall also requested that the Board meet with the
Personnel Director to discuss flexibility in procedures to facilitate
departmental requests, especially in regard to personnel
reclassification and training issues. It was decided that a meeting
would be scheduled to discuss these issues with the Personnel Director.
She then reported that she had attended the Fort Collins, Inc. meeting
earlier and had been asked to request that the Board contact the state
requesting that Berthoud and the Center for Advanced Technology be
placed back into Enterprise Zone consideration. Chairman Hotchkiss said
that would be no problem since the majority vote of the Board was to
support the inclusion of the two areas. He suggested she call and
request the two locations be reconsidered.
8. WORKSESSION:
The Board took under consideration a resolution that would increase the
base salary of classified employees 1% on July 1, 1993. Chairman
Hotchkiss noted that this 1% base salary increase would then give all
classified county employees the same basic pay increase of 2.5% for the
next fiscal year. He noted that Appointed Officials would have their
salaries adjusted by the Board within the next few weeks.
MOTION
Commissioner Duvall moved to approve the resolution that all classified
employees of Larimer County, except employees in the Department of
Social Services, receive a 1% increase in their base pay effective on
July 1, 1993, and that the increase in base pay shall be carried over to
the 1994 pay scale.
The motion carried 3 - 0.
R93-58g RESOLUTION REGARDING THE PAYMENT OF A 1% INCREASE IN BASE PAY
(For classified county employees, excluding Social Service
employees, beginning 7/1/93, and carried over to 1994 pay
scale)
The Board received a memo from Myrna Rodenberger, County Clerk,
requesting a vacant, part-time position be filled on a full-time basis.
Mr. Gordon recommended approval of the increase in base time of 12 hours
per week, to full-time.
MOTION
Commissioner Duvall moved that the Board approve the County Clerk's
request to increase the vacant Recording Clerk II from part-time to
full-time, and that the position will be filled at the Recording Clerk I
level.
The motion carried 3 - 0.
The Quarterly Report from Kelly Ohlson, Larimer County Public Trustee,
for the First Quarter of 1993 was submitted to the Board for approval,
as required by the Colorado Statute.
MOTION
Commissioner Duvall made a motion to accept the Quarterly Report for the
First Quarter of 1993 from the Larimer County Public Trustee.
The motion carried 3 - 0.
The Board received a recommendation from the Larimer County Parks Board
stating that currently two marinas pay 5% of gross for all sales and
there is no exemption for the tax charged on fuel. The Parks Board
stated that it believes this practice is unfair and raises the price of
fuel to the consumer, with no appreciable increase in income to the
county, especially since there may be a potential of more fuel sales due
to the lower consumer price of gasoline.
MOTION
Commissioner Duvall moved to accept the recommendation of the Parks
Board and exempt the tax on fuel sold at marinas from the percent of
gross payment made to the County for the concession payments.
The motion carried 3 - 0.
DOCUMENT REVIEW: The following documents, of routine nature, were
considered by the Board:
MOTION
Commissioner Duvall moved that the Board approve the Minutes for the
week of April 19, 1993, and the agenda for the week of May 3, 1993, as
submitted.
The motion carried 3 - 0.
MOTION
Commissioner Duvall moved that the Board approve the following
miscellaneous documents: Amended Plat of Lots 1,2, 3 and 4,
Greeley-Boulder Colony Subdivision and a portion of the South 1/2 of
Section 34, T5N, R73W; Murdock Minor Residential Development Plat,
Harris Drive Minor Residential Development and Amended Tract B of
VonForell Exemption Plat; Herold Minor Residential Development
#92-EX0069 Final Plat; Notice Concerning Restriction on Sale of Lots -
Herald MRD; Amended Rand Exemption Plat; and, Rocky Mountain Dharma
Center Site Application.
The motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to Burger Bay, 3.2% -
Loveland, CO; Boyd Lake Marina, Inc., 3.2% - Loveland, CO; Overland
Foods, 3.2% - LaPorte, CO; Johnsons Corner Campground, Inc., 3.2% -
Loveland, CO; and, South Taft Liquor, 6% - Fort Collins, CO. Licenses
were issued to Sandys, 3.2% - Fort Collins, CO; Fort Namaqua Wine and
Spirits, 6% - Loveland, CO; Inlet Bay Bar and Grill - 6% - Fort Collins,
CO; and, Inlet Bar Marina - 3.2% - Fort Collins, CO.
MOTION
Commissoner Duvall moved that the Board approve the following documents:
D93-08 RELEASE OF MORTGAGE DEED- BONNEL WEST
R93-59s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR LAMB MINOR
RESIDENTIAL DEVELOPMENT S-120-88
A93-79 ROAD RIGHT-OF-WAY LEASE AGREEMENT BETWEEN THE COUNTY BOARD
OF COMMISSIONERS AND THE COLORADO STATE BOARD OF AGRICULTURE
(Project #'s 149 & 150)
A93-80 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 15
BETWEEN THE COUNTY BOARD OF COMMISSIONERS AND FRANK WALSH
A93-81 AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS AND THE
SHERIFF CONCERNING THE FUNCTIONING OF THE EMERGENCY
MANAGEMENT OFFICE IN LARIMER COUNTY
A93-82 SUBLEASE AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS
AND THE STATE OF COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT
(ETS Sublease of Loveland office Space to State of Colorado)
A93-83 EQUIPMENT AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS
AND THE COLORADO STATE FOREST SERVICE
A93-84 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE COUNTY BOARD
OF COMMISSIONERS AND HEROLD MINOR RESIDENTIAL DEVELOPMENT
(#92-EX0069)
A93-85 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT AND ESCROW
ACCOUNT/CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN THE
COUNTY BOARD OF COMMISSIONERS AND HERAL MINOR RESIDENTIAL
DEVELOPMENT (92-EX0069
A93-86 SERVICE AGREEMENT #C18625 BETWEEN THE COUNTY BOARD OF
COMMISSIONERS AND US WEST COMMUNICATIONS (for Private
Line Transport DSI)
A93-87 SERVICE AGREEMENT #C18624 BETWEEN THE COUNTY BOARD OF
COMMISSIONERS AND US WEST COMMUNICATIONS (See Above)
A93-88 SERVICE AGREEMENT #C18623 BETWEEN THE COUNTY BOARD OF
COMMISSIONERS AND US WEST COMMUNICATIONS (See Above)
A93-89 SERVICE AGREEMENT #C18622 BETWEEN THE COUNTY BOARD OF
COMMISSIONERS AND US WEST COMMUNICATIONS (See Above)
A93-90 SERVICE AGREEMENT #C18626 BETWEEN THE COUNTY BOARD OF
COMMISSIONERS AND US WEST COMMUNICATIONS (See Above
Line Transport DSI)
A93-91 PROJECT AGREEMENT BETWEEN THE COUNTY BOARD OF
COMMISSIONERS AND ARAPAHO-ROOSEVELT NATIONAL FORESTS AND
PAWNEE NATIONAL GRASSLAND - USDA FOREST SERVICE (To blade
various USFS Campground Roads Adjacent to Larimer County
Road System)
LEGAL MATTERS:
Jeannine Haag, Assistant County Attorney, presented information
regarding the Steel MRD appeal and said that she had determined through
a search of the records and legal requirements that the property had
been divided legally into 10 and 54 acre plots due to bank action and
the property does not need a MRD, simply an exemption agreement.
Commissioner Disney requested Ms. Haag write a letter to the parties
involved and the Planning Department informing them of her findings.
MOTION
Commissioner Disney movd that the Board go into Executive Session to
discuss litigation at 11:10 a.m.
The motion passed 3 - 0.
The Board came out of Executive Session at 11:25 a.m. and recessed at
11:30 a.m. with no further action taken.
MEETING REGARDING CULTURAL DIVERSITY TASK FORCE
(#211)
The Board of County Commissioners reconvened at 2:00 p.m. in regular
session with Brent Nittman, Youth Services Bureau Program Manager.
Chairman Hotchkiss presided; Commissioner Duvall was present.
Commissioner Disney had a previous engagement. Also present were Paul
Cooper, Director of Community Corrections; Bill Gordon, County
Administrator; and Members of the Cultural Diversity Task Force.
Recording Clerk, S. Graves.
Mr. Nittman presented the Cultural Diversity Task Force Final Report to
the Board, identified the members of the Task present for today's
meeting. Mr. Nittman reviewed the history and composition of the Task
Force, the charge given to them, their activities, and the
recommendations which they developed. Mr. Nittman stated that the Task
Force was established by leaders from Colorado State University, the
City of Fort Collins, Chamber of Commerce, and Poudre R1, subsequent to
several racial incidents which occurred in the City.
Each of the members of the Task Force present addressed the Board giving
their observations, impressions, and suggestions for further advancement
for achieving and maintaining an environment that fosters, promotes,
accepts, and enforces mutual respect for all persons in a culturally
diverse community.
The Board expressed their appreciation for the efforts of the Task Force
and pledged their support in working together with the City, CSU, and
Poudre R1 in an attempt to involve more culturally diverse members on
County boards, commissions, and employment.
The meeting recessed at 3:10 p.m.
MEETING WITH DR. KEITH OLSON
(#(212)
The Board of County Commissioners reconvened at 3:15 p.m. in regular
with Dr. Keith Olson, Director of Mental Health. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
were: Ralph Jacobs, Director of Personnel; Wes Law, MH Finance Director;
Vicki Grassman, MH Assistant Director; and Bill Gordon, County
Administrator. Recording Clerk, S. Graves.
Dr. Olson apprised the Board of an unanticipated budget deficit for 1993
of approximately $188,000, due to drastic cuts in the State General Fund
dollars to Mental Health Centers. Dr. Olson presented a proposal for
meeting this deficit: 1) Three positions will become vacant this year,
and will not be filled; 2) The After-Hours Emergency Team will be
eliminated and these services will be provided through regular clinical
staff rotation; 3) Request the Board to approve additional appropriation
($38,000) out of the fund balance, which would allow the Center to
maintain staffing at a level sufficient to support the needed Medicaid
earnings. With the proposed changes, and because a $60,000 deficit was
previously included in the 1993 budget, the request from the Fund
Balance is for $38,000).
Several members of the Emergency Team expressed concern at what may
result if the After-Hours Emergency Team is eliminated, and noted that
the clinicians at the Center are very distressed about losing this
service. Much discussion followed.
M O T I O N
Commissioner Disney moved that the Board approve the budget adjustments
and management strategies, as recommended by the Mental Health Director,
in an attempt to move toward balancing the 1993 budget in the Mental
Health Center.
Motion carried 3 - 0.
The meeting adjourned at 4:15 p.m.
___________________________________
( S E A L ) COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST:
_____________________________________
Dolores Lord, Deputy County Clerk
_____________________________________
Sherry E. Graves, Deputy County Clerk
