PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JUNE 21, 1993
SUBDIVISIONS
(#257 & #258)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioner Disney was present, Commissioner Duvall was absent. Also
present were: Al Kadera, Subdivision Administrator; Russ Legg,
Development Processing Administrator; Carol Evans, Planner; Jerry White,
Zoning Administrator; John Pedas, Code Enforcement Officer; Elaine
Spencer, Manager Engineering Operations & Planning; Jerry Blehm,
Environmental Health; and Michael Abrams, Assistant County Attorney.
Recording Clerk, S. Graves.
Mr. Barnett requested the Board to table the Crutchfield Special Review
until June 28, 1993, and the Double L Ranch Rezoning & Special Review
until July 6, 1993.
M O T I O N
Commissioner Disney moved that the Board table the Crutchfield Special
Review until June 28, 1993, and the Double L. Ranch Rezoning & Special
Review until July 6, 1993, as requested by Mr. Barnett.
Motion carried 2 - 0.
Mr. Barnett stated that the following is a consent item and will not be
discussed in detail unless specifically requested by the Commission or
members of the audience.
1. GURULE MINOR RESIDENTIAL DEVELOPMENT (#92-EX0114): SE 1/4 OF
26-05-69; NORTH OF COUNTY ROAD 16, 1/2 MILE EAST OF COUNTY ROAD 17,
1 MILE NORTH OF CAMPION; 8.7 ACRES; 2 LOTS; FA-FARMING ZONING
(6-21-93).
This is a request to create a one-lot subdivision for a lot of 9.6 acres
for one single family dwelling. Staff Findings include: 1) The lot was
created outside of the County's Subdivision regulations when Rolling
Knolls Estates was platted and annexed prior to the purchase of the lot
by this applicant; 2) The proposed lot meets the requirements of the
Larimer County Subdivision and Zoning Resolutions and will not have a
negative impact on surrounding land uses, the provision of utilities,
the environment, or on the health, safety, and welfare of the community;
3) This proposal has been reviewed by the County Engineer, the County
Health Department, utility providers and other interested reviewing
agencies which have stated no objections as long as certain conditions
are met.
Staff Recommendation is for Approval of the Gurule Minor Residential
Development with the following conditions: 1) Twenty feet more of
right-of-way for County Road 16 must be dedicated on the Final Plat; 2)
Easements must be shown on the Final Plat as requested by the utility
companies; 3) The following plat notes must be placed on the Final Plat:
A) The Loveland Urban Growth Area Street Waiver Fee of $268 must be paid
at the time of building permit; B) An engineered septic system will be
required; C) A residential sprinkler system is required; D) Loveland
Urban Growth Area Park Fees are required at the time of building permit;
E) There are wetlands on this property as shown. Disturbing these areas
may require a Department of the Army Permit. The Army Corp. of
Engineers should be contacted prior to any activity in the wetland
areas.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Gurule Minor Residential
Development (#92-EX0114).
Motion carried 2 - 0.
2. JENKS MINOR RESIDENTIAL DEVELOPMENT (#92-EX0187): NW 1/4 26-06-70;
EAST SIDE OF COUNTY ROAD 27, TWO MILES SOUTH OF MASONVILLE;
35.09 ACRES; 3 LOTS; O-OPEN ZONING (6-7 & 6-21-93)
This is a request to divide a 35-acre parcel into three lots of 10, 10,
and 12.5 acres for single family dwellings. This application was
approved by the Board of County Commissioners on June 7, 1993 with the
condition that Staff Findings and Conditions of Approval be provided
within ten days. Staff Findings are: 1) The proposed Jenks Minor
Residential Development is not currently consistent with the
requirements for Minor Residential Developments as contained in the
Larimer County Subdivision Resolution concerning the permitted uses on
these lots. It is consistent with requirements concerning the number of
lots created, lot size and access. A condition of approval will ensure
compliance with all requirements for this type of development (Condition
#15); 2) There are existing stone quarries operating in this area, as
well as many residential acreages; 3) The County Health and Engineering
Departments, Loveland Fire District, Arkins Water Association, and other
interested agencies and County Departments have reviewed the request and
stated no objections as long as certain conditions are met; 4) Approval
of the proposed Jenks Minor Residential Development, with appropriate
conditions, should not adversely affect adjacent property, the natural
environment, or the provision of services or transportation.
The Amended Conditions of Approval are: 1) The Final Plat of the Jenks
Minor Residential Development is to be completed in strict conformance
with applicable requirements of state and local law; 2) The Final Plat
must dedicate sufficient additional right-of-way along the frontage of
County Road 27 to provide a half right-of-way of 50'; 3) Access to Lot 1
shall be limited to the current access shown as part of the emergency
access easement. No other access to County Road 27 is allowed. This
shall be noted on the Final Plat; 4) The existing access road along the
north and east side of the property which will provide access to Lots 2
and 3 must be dedicated as public right-of-way. A Homeowner's
Association with covenants dealing with road maintenance should be
established; documents regarding the Association and road maintenance
must be submitted to the Planning Department prior to recording the
Final Plat. The Final Plat should note that the internal road is not
maintained by Larimer County. Maintenance is the responsibility of the
property owners. Failure to maintain the road may result in a lien
being placed on the property. This road is utilized as access for the
three lots of the Jenks Exemption located directly east of this site.
If a Homeowner's Association is already in place to deal with road
maintenance, then the lots of the Jenks MRD should participate in that
Association; 5) The Section 2.8 Fee of $292 for Lots 2 and 3 will be
collected at building permit issuance for new residential structures on
those lots. This shall be noted on the Final Plat; 6) The emergency
access shall be constructed of an all-weather surface capable of
supporting the weight of emergency apparatus. This access shall be a
minimum of 20' wide and be kept clear at all times. The Loveland Fire
Department must approve the emergency access improvements prior to Final
Plat recording. As an alternative, these improvements may be covered by
a Subdivision Improvements Agreement and appropriate collateral
(submitted prior to recording the Final Plat). A letter from the
engineer overseeing the emergency access construction must be submitted
following completion of this access. The letter should indicate that
the road was constructed according to the requirements of the Loveland
Fire Department and that it is capable of supporting the weight of
emergency apparatus. If a Subdivision Improvements Agreement is
submitted for the access, road plans may be required by the County
Engineering Department. The applicant should work with Planning Staff,
County Engineering, and the Loveland Fire Department to address the
construction of the emergency access. Covenants for road maintenance by
the Homeowner's Association must address maintenance of the emergency
access, as well as the main access road; 7) All new residential
structures must be located within 400' of the fire hydrant (400'
measured via the street). Building envelopes must be shown on the Final
Plat; 8) The main access road serving this development and the three
lots of the Jenks Exemption must be named. The applicant must submit
proposed street names to the Planning Department for approval. Because
the property owners in the Jenks Exemption will have to change their
addresses due to the naming of this road, they should have an
opportunity to participate in selecting a road name. The applicant must
discuss this situation with these property owners to develop the
proposed street name. The road name must be shown on the Final Plat and
a street sign will be required to be installed by the applicant; 9) All
floodway and flood fringe areas must be shown and labeled on the Final
Plat as non-buildable areas; 10) Payment of all fees required by the
Arkins Water Association in order to provide service to the development
is required prior to recording the Final Plat. Written notice must be
received from Arkins Water Association that the applicant has met all of
the requirements, payment has been received in full, and water service
is available to the lots; 11) The Final Plat must note which utility
companies will serve the property. All easements requested by utility
companies must be shown on the Final Plat. All easements and
rights-of-way of record must be shown on the Final Plat; 12) Park Fees
will be required at building permit issuance for new residential
structures on Lots 2 and 3. The fee current at time of building permit
issuance shall apply. This condition shall be noted on the Final Plat;
13) School Fees of $8 per lot for each vacant lot shall be paid prior to
recording the Final Plat; 14) The following notes, in addition to those
stated above, must be included on the Final Plat; a) Property owners
should be aware that there are existing stone quarries operating in
these areas. Residential uses may be negatively affected by quarry
operations; b) Uses on these lots are limited to single family
residential and permitted accessory uses; c) Engineered footings and
foundations will be required for any new residences constructed on these
lots; d) A radon test will be required in any new residence constructed
on this site after the structure is enclosed but before a Certificate of
Occupancy is issued. Test results must be submitted to the Planning
Department; e) Phone service is limited in some parts of Larimer County
and may not be available to these lots; 15) Business activity conducted
on this site (currently known as First Fruits Orchard) shall cease upon
approval of this residential development. This development shall comply
with all requirements for Minor Residential Developments as contained in
the Larimer County Subdivision Resolution. Business activity must cease
upon recording the Final Plat. The applicants must submit a written,
signed statement verifying that the business operations have ceased and
that the property is in compliance with the Minor Residential
Development regulations. This must be submitted before the Final Plat
is recorded; 16) Recording fees for the plat and any documents to be
recorded must be submitted to the Planning Department prior to
recording. Seventeen folded blueprint copies of the Final Plat must be
submitted to the Planning Department; 17) All conditions of approval
must be completed and the plat recorded prior to December 7, 1993 or
this approval is null and void.
M O T I O N
Commissioner Disney moved that the Board adopt the Findings and
Conditions of Approval for the Jenks Minor Residential Development
(#92-EX0187).
Motion carried 2 - 0.
3. SOLAR RIDGE SUBDIVISION FIRST FILING FINAL PLAT
Mr. Kadera presented the Solar Ridge First Filing Final Plat and
Subdivision Improvements Agreement for Board approval and the Chairman's
signature.
M O T I O N
Commissioner Disney moved that the Board approve and the Chairman sign
the Solar Ridge First Filing Final Plat and Subdivision Improvements
Agreement.
Motion carried 2 - 0.
A93-118 SUBDIVISION IMPROVEMENTS AGREEMENT FOR SOLAR RIDGE FIRST FILING
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOLAR RIDGE
DEVELOPMENT PARTNERSHIP (CHARLES COX)
4. INGLES MINOR RESIDENTIAL DEVELOPMENT (#93-EX0262): SW 1/4 20-04-69;
EAST SIDE OF COUNTY ROAD 23 ABOUT 3/4 OF A MILE SOUTH OF HIGHWAY
56 (COUNTY ROAD 8); 3 MILES SOUTHWEST OF BERTHOUD; 20 ACRES;
2 LOTS; FA-1 FARMING ZONING (6-21-93).
This is a request to divide a 20-acre parcel with an existing dwelling
into two lots of 9.4 and 10.6 acres for single family residential uses.
Ms. Evans provided the project and area description and noted that Staff
is concerned because of the land ownership pattern; it is difficult to
plan for an area network which would provide for secondary access points
and for logical pattern of utility services and fire protection. Staff
Findings include: 1) The proposed Ingles Minor Residential Development
is not consistent with the requirements for Minor Residential
Developments as contained in the Larimer County Subdivision Resolution
concerning access requirements (proposed access exceeds standard for
dead-end roads). It is consistent with requirements concerning the
number of lots created, lot size and permitted uses; 2) The land
ownership pattern in this area is long, narrow lots fronting on County
Road 23. Division of individual ownerships in this area does not allow
for planning road, utility, and fire protection networks; 3) The Town of
Berthoud Trustees recommends denial of the request due to collective
impacts of these developments on services for schools, recreation, fire
and police in the Town of Berthoud; 4) The County Health Department,
Berthoud Fire Protection District and other agencies have commented on
this request and stated no objections if certain conditions are met; 5)
The County Engineering Department has stated concerns regarding long
dead-end access roads that exceed the County standards and the numerous
accesses along County Road 23 due to the ownership pattern in the area;
6) Approval of the proposed Ingles Minor Residential Development would
result in negative impacts on transportation and on coordinated
provision of utilities, fire protection, and access in the area. Staff
Recommendation is for Denial of the proposed Ingles Minor Residential
Development.
Richard Ingles, applicant, addressed the Board and reviewed the history
of his application for an MRD and after meeting all the requirements he
cannot understand the Staff's recommendation for denial; he was never
advised that the long driveway was a concern until recently. Ann
Crowley and Brian Henderson, adjacent property owners, expressed their
objections to the granting of this request. Discussion followed.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings, and
the Town of Berthoud and Staff's Recommendation and deny the Ingles
Minor Residential Development (#93-EX0262).
Motion carried 2 - 0.
5. GALLEGOS MINOR RESIDENTIAL DEVELOPMENT (#93-EX0236): W 1/2 NW
1/4 2-7-69; SOUTHEAST CORNER OF WILLOX LANE AND NORTH SHIELDS
STREET; 45.45 ACRES; 3 LOTS; O-OPEN ZONING, URBAN GROWTH AREA
(6-21-93).
This is a request to divide a 45.4 acre tract, with one existing
residence, into three tracts, 10.1, 12.8, and 22.5 acres in size for
single family dwellings. Mr. Pedas provided the project and area
description, and noted that the subject property is located in the
Poudre River Flood Plain Terrace Deposit and is known to contain
valuable mineral resources in the form of sand and gravel. Jeannine
Haag, Assistant County Attorney, responded by letter to a request for
her legal opinion whether or not the granting of this MRD would violate
the Preservation of Commercial Mineral Deposits Act. This Act states
that no governmental authority which has control over zoning shall
permit the use of an area known to contain a commercial mineral deposit
in a manner which would interfere with the present or future extraction
of such deposits. Ms. Haag noted that the Act is ambiguous, but if it
pertains to actions other than zoning and does include subdivision
approvals, then approval of an MRD could violate the Act. Staff
Findings are: 1) The subject property is in an area known to contain
commercial deposits of sand and gravel. 2) It does not appear that
access to all of the lots meets the current County Access Policy; 3)
Most of the area of the proposed Minor Residential Development is within
the 100 Year Flood Plain; 4) The proposed Gallegos Minor Residential
Development is consistent with the requirements for Minor Residential
Developments as contained in the Larimer County Subdivision Resolution
concerning the number of lots, proposed lot size, and proposed use; 5)
Adequate fire protection and other urban level services are currently
lacking in the immediate neighborhood. Staff Recommendation is for
Denial of the Gallegos Minor Residential Development.
Arthur Gallegos, applicant, stated that in his opinion there are two
problems, access onto Shields Street and the mineral deposits. He
suggested to the Board that three residences would create a lot less
traffic and be more desirable to the neighbors than gravel trucks going
in and out of the property. Discussion followed. Chairman Hotchkiss
noted this is a complex matter: the property is in the UGA, and the
access, density, drainage, and mineral extraction are problems which
need to be resolved.
M O T I O N
Commissoner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and deny the Gallegos Minor Residential Development
(#93-EX0236).
Motion carried 2 - 0.
6. AMENDMENT TO ZONING RESOLUTION REGARDING TELECOMMUNICATION
FACILITIES (#93-RA0221) (6-21-93).
This is a request to amend the Zoning Resolution to 1) Define
Telecommunication Facility; 2) Require Special Review for
Telecommunication Facility in the Farming, Rural Estate, Forestry, and
Open Districts; 3) Require additional information for Special Review
application; 4) Require applicant to pay for expert review; and 5)
Provide for the facility height to be considered as a part of the
Special Review, in lieu of a height variance to be reviewed by the Board
of Adjustment. Mr. White provided the background and noted that when
the original Zoning Resolution was adopted in 1963, the only mention of
telecommunication facilities was "radio transmitting stations". Staff
initiated this Amendment request as the Resolution needs to be brought
up to date to reflect the many technological changes since 1963, and to
reflect more clearly what information must be provided for review by the
County. Mr. White provided a summary of the proposed amendments and
stated that the Planning Commission recommended approval and indicated
they want Staff and the industry to work together in drafting additional
amendments. Mr. White noted that this proposal has been reviewed by
several representatives of the telecommunication industry and there have
been no objections; however, the cellular industry suggests a more
comprehensive amendment which would distinguish cellular from other
telecommunication facilities, and allow some cellular facilities without
Special Review under certain conditions. Staff Findings include: 1) The
proposed amendments are consistent with the intent and purposes of the
County Land Use Plan and Zoning Resolution; 2) The proposed amendments
are necessary to promote the health, safety, and welfare of the citizens
of Larimer County. Staff Recommendation is for Approval of the
Amendments to the Larimer County Zoning Resolution as presented.
Mr. Fred Fox, Planning Consultant for Cellular One, addressed the Board
concerning the needs of the telecommunication industry; they do not have
objections to being regulated but request that amendments be included
which will pertain to their industry.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Amendment to the Zoning Resolution
Regarding Telecommunication Facilities, assured the telecommunication
industry they may return to the Board with their recommendations on
amendments to allow flexibility in regulations for their industry, and
instructed Staff to include conditions with regard to colorization and
types of materials to minimize impact.
Motion carried 2 - 0.
7. GRASSLANDS SUBDIVISION (#S-115-91): 29-05-69; SOUTH SIDE OF
14TH STREET (COUNTY ROAD 18) WEST OF COUNTY ROAD 21 (6-21-93)
The applicant for Grasslands Subdivision is appealing to the Board of
County Commissioners the Staff decision not to approve the proposed
sub-surface drainage system. The applicant indicated on the Preliminary
Plat that a sewer line under drains might solve the problem of the
significant sub-surface drainage problems. With the Final Plat, the
applicant is now proposing a mechanically aided drainage system
consisting of electrical pumps, which was not discussed at the
Preliminary Plat stage. Staff does not approve of the installation of
pumps to drain a subdivision. Therefore, Staff Recommendation is for
Denial of the appeal to substitute a mechanical pump system as a
resolution of the ground water drainage system. Staff shall cease
processing the Final Plat until such time as the applicant has an
alternative drainage system submitted. At that time, Staff shall
schedule the proposed drainage solution for discussion with the Board of
County Commissioners. If the system is approved, Staff may proceed with
the Final Plat processing of Grasslands Subdivision.
Mr. Dave Shupe of Landmark Engineering, representing the applicant,
noted that their appeal was filed with regard to Staff opposition to the
street section, which they thought was approved; the addendum states
that the entire issue is one of sub-surface drainage. The applicant was
told that if they would put in curbs and gutters, this would make all
the other problems go away. Mr. Shupe requested clarification regarding
what exactly the problem is so they will know how to proceed. Ms.
Spencer stated that an easy solution would be to provide deeper drainage
swails. Much discussion followed.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Recommendation
and deny the Grasslands Subdivision with the understanding the applicant
will work on the ground-water problem to the satisfaction of Staff.
Motion carried 2 - 0.
8. FOOTHILLS ESTATES PLANNED UNIT DEVELOPMENT MASTER PLAN AND
PRELIMINARY PLAT (#93-MS0259): E 1/2 25-04-70 AND NW 1/4 30-04-69;
ON THE WEST SIDE OF COUNTY ROAD 23E AT THE SOUTHWEST CORNER
OF THE INTERSECTION OF COUNTY ROAD 23E AND COUNTY ROAD 6;
173.7 ACRES; 67 LOTS; FA-1 FARMING ZONING (6-21-93).
This is a request to divide 173.67 acres into 66 lots for single family
dwellings (lots ranging in size from 1.46 to 3.13 acres) with a 45.4
acre open space lot and 2.11 acres as equestrian trail--previously
submitted as Foothills Estates Subdivision (#92-SU0089). Mr. Legg
reviewed the project description and noted that several neighborhood
meetings have been held and a consensus of understanding has been
reached regarding how this development should occur with the existing
development. Mr. Legg stated they are going to have to upgrade some
roads and drainage needs to be coordinated between the two developments.
Staff Findings are: 1) The proposed Foothills Estates Planned Unit
Development is consistent with the technical requirements for
Preliminary Plat approval; 2) The Larimer County Engineer, Health
Department, and the Fire District, all utilities and other interested
agencies have reviewed the Planned Unit Development and have stated no
objections as long as certain conditions are met; 3) The proposal
appears to be compatible with the existing development in the area and
appears to meet the intent of the Larimer County Comprehensive Plan.
The development is adjacent to existing development and is working
together with the existing Homeowners' Association to insure efficient
services, compatible neighborhoods, and shared facilities and open
space; 4) Approval of the Foothills Estates Planned Unit Development,
with the following conditions, will not have any significant negative
impacts on the surrounding properties, transportation facilities,
utility services, the natural environment, or the overall health and
safety.
The Planning Commission/Staff Recommendations are for Approval of the
Master Plan for Foothills Estates Planned Unit Development with the
condition that the Master Plan shall expire June 21, 1994 and the
variance approved for cul-de-sac length for Beverly Drive; and Approval
of the Preliminary Plat for Foothills Estates with the following
conditions: 1) The Preliminary Plat shall expire June 21, 1994; 2) All
concerns of the County Engineer, the Drainage Administrator, and the
Fire Department shall be addressed by construction plans and collateral
before the Final Plat is approved. A secondary access plan shall be
submitted with the Final Plat that is acceptable to the County Engineer.
Beverly Drive and right-of-way shall be extended and constructed to the
west property line; 3) All easements noted on the submitted Title report
shall be placed on the Final Plat. Utility easements shall be placed on
the Final Plat, as noted in the agenda; 4) A revised landscape plan
shall be submitted for approval and the costs included in the
Subdivision Improvements Agreement and collateral provided; 5) Covenants
shall be prepared and submitted to the Berthoud Estates Homeowners'
Association, which address the areas of agreement expressed in the
Memorandum of Understanding and which include additional requirements
regarding maintenance of the drainage system, driveway culverts, the
school pick up area, and school bus shelter; 6) The covenants shall
address the number and type of animals permitted on lots, dust control,
and distance of animal enclosures to property lines; 7) The applicant
shall provide to the BEHA funds to insure the sewer collection system is
built to approved standards; 8) Tract A shall be deeded to the
appropriate homeowners group at the time the first plat is recorded for
Foothills Estates; 9) An internal pedestrian circulation plan shall be
provided with the Final Plat. A pedestrian access to open space or to
the school bus shelter shall be paved; 10) The Final Plat shall contain
notes regarding all the various Associations and homeowners groups
future lot owners are responsible for. The note shall specifically
address the fact that a private sewage treatment collection and plant
provide service to this development, and the lot owners are responsible
for funding, governing, and maintaining the system; 11) The Final Plat
shall contain the standard notes regarding the Park Fees, radon tests,
engineered footing and foundations, and internal subdivision road access
policy; 12) All utilities shall be underground; 13) The existing roadway
on the north edge of the property from Wankan Road west shall be field
located and a minimum of 30' public right-of-way provided to the west
property line; 14) Prior to recording the 1st Final Plat, the Funding
Agreements and transfer of discharge permit, as mentioned in the Memo of
Understanding, shall be complied with by the applicant. The treatment
plant shall be documented to be in State Health Department compliance
prior to issuance of any building permits.
Ann Sebaski, adjacent property owner, addressed the Board with her
family's concern regarding the right-of-way to their property if County
Road 6 is closed. Ms. Spencer acknowledged that easements have been
granted to various property owners over the years and is not sure what
the plans are, but assured Ms. Sebaski they will still have access off
County Road 23E. Chairman Hotchkiss noted that anyone with historic
access cannot be cut off from their property. Mr. Legg stated they are
including a 30-ft. right-of-way at the northwest corner to facilitate
access to the main road thru the subdivision. Chairman Hotchkiss
cautioned the applicant that if this request is approved today, not to
return to the Board for Final Plat approval unless this access problem
is resolved.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Planning Commission/Staff Recommendations and Amended Conditions and
approve the Foothills Estates Planned Unit Development Master Plan and
Variance for cul-de-sac length for Beverly Drive, and the Preliminary
Plat for Foothills Estates.
Motion carried 2 - 0.
9. DONALD KEITHLEY ALLEGED BUILDING VIOLATION: 2109 BIG THOMPSON,
DRAKE, CO. 80515
Mr. Anderson stated this violation is on a cabin in Cedar Park west of
Drake which is framed and logged but no building permit has been issued.
It was red tagged but the owner still has not applied for a permit.
Therefore, Mr. Anderson recommends that the Board find that a violation
exists.
M O T I O N
Commissioner Disney moved that the Board find that a violation exists at
2109 Big Thompson in Drake, Colorado, require compliance within 30 days,
and authorize legal action if the compliance deadline is not met.
Motion carried 2 - 0.
The meeting adjourned at 11:40 a.m.
TUESDAY, JUNE 22, 1993
HEALTH DEPARTMENT QUARTERLY MEETING
(#259)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Dr. Adrienne LeBailly, Director of the Health Department. Chairman
Hotchkiss presided; Commissioners Disney and Duvall were present. Also
present was Bill Gordon, County Administrator. Recording Clerk, S.
Graves.
1. COMMUNICABLE DISEASE ISSUES: Dr. LeBailly provided an update on
communicable diseases and the responsibilities of the Health Department.
Dr. LeBailly stated that in Colorado most of the public health laws
which deal with communicable diseases go back to legislation passed in
1893, but basically the County's responsibility is to attempt to
identify and control communicable diseases. Dr. LeBailly noted there
are six people in the Department which are part of the communicable
disease team and responsibilities are divided between them. Dr.
LeBailly presented a map indicating the areas which are being monitored
and the Health Department continually attempts to educate the people to
take personal protective measures.
Dr. LeBailly briefly discussed the mystery disease in the Southwest and
stated it is probably a virus which has been around a long time and has
been activated because of all the heavy rains. Also, there have been 24
cases of salmonella in Loveland; they have isolated a possible source
and are attempting to eliminate same.
Dr. LeBailly provided an update on the health care access process and
the community forum which was held. Ideas presented at the forum were
consolidated into major areas for Medicare/Medicaid and Low-Income
Non-Medicare/Medicaid populations.
As reported at the March 23, 1993 meeting, the Poison Control Center in
Denver has been supported in the past by the taxpayers in Denver; now
the Control Center is in financial trouble and cannot afford to provide
service for those who do not pay. Dr. LeBailly stated that the passage
of Amendment #1 has made it even more difficult to provide funding. Dr.
LeBailly stated this situation could be put before the voters in the
Fall, or could be included in the 911 fees on telephone bills. This is
a valuable service to everyone in the County and service to Larimer
County could be terminated as soon as July 1, 1993, unless there is an
indication they will be receiving funding from us. Dr. LeBailly
requested at least one of the Commissioners attend the next Larimer
Emergency Telephone Authority Meeting. The Board agreed that one of
them will attend this meeting with Dr. LeBailly to present this
proposal.
The meeting recessed at 10:35 a.m.
HUMAN DEVELOPMENT QUARTERLY MEETING
(#253)
The Board of County Commissioners reconvened at 10:40 a.m. in regular
session with Rena Mackrill, Director of Human Development. Chairman
Hotchkiss presided; Commissioners Disney and Duvall were present. Also
present were: Char Jockman, CHAT Coordinator; Lyn Thor, Nutrition
Program Director; Shelley McGraw, Office on Aging Director; Ralph
Jacobs, Director of Personnel; and Bill Gordon, County Administrator.
Recording Clerk, S. Graves.
Ms. Mackrill presented the Director's Report for March, April, and May,
1993.
Ms. Mackrill discussed with the Board the Springfield Court Planned Unit
Development (a 92-unit affordable housing project) and the possibility
of putting together an Investor's Limited Partnership to produce
approximately $3 million of a $5.9 million package, which is dependent
upon the re-enactment of the tax credit. General partners would be the
County and the Springfield Partnership.
Ms. Mackrill requested an indication from the Board whether or not they
want to proceed with this project; and, if so, permission to submit a
memo to the Planning Department indicating to the public that the County
will be involved in researching and developing this project, and
authorization to schedule a meeting with the Partnership and finance and
technical assistance persons. The Board requested Mr. Gordon to
schedule a meeting next week to discuss this proposal further with the
principal parties.
Ms. McGraw apprised the Board of a transportation issue which has
developed in Berthoud. Commissioner Disney requested Ms. McGraw meet
with Ana Lenihan, Town Administrator, to discuss the issues.
Ms. Mackrill asked the Board if they perceive the Community Forums as
being useful and, if so, requested the Board's assistance in encouraging
other departments to have people in attendance.
Another meeting will be scheuled with the Board to discuss the Housing
Authority Advisory Committee's interest in become a separate entity.
M O T I O N
Commissioner Disney moved that the Board go into Executive Session to
discuss a personnel matter.
Motion carried 3 - 0.
The meeting recessed at 12:00 noon; no action taken.
STANDING PERSONNEL MEETING
(#262)
The Board of County Commissioners reconvened at 2:00 p.m. for a regular
meeting with Ralph Jacobs, Personnel Director. Chairman Hotchkiss
presided; Commissioners Duvall and Disney were present. Also present
were Bill Gordon, County Administrator, and Patsi Maroney, Compensation
and Benefits Specialist. Recording Clerk, D. Lord.
Mr. Jacobs asked the Board for direction regarding a bid package, either
to advertise for a Consultant to assist in developing an Employee
Benefits package for 1994, or to retain the Broker/Consultant concept
for the bid. He and Ms. Maroney presented an overview of the
alternative types of services. By consensus it was agreed that Mr.
Jacobs would develop an RFP that requested applications for both types
of service and bring the results of the RFP applications to the Board
for a final determination.
Mr. Jacobs presented the final selections for the two Employee
Committees: on Grievances/Discipline and on an Employee Suggestion
System. He said the appointment letters will be sent out soon. He
reported that the summary of the Family Medical Leave Act was
distributed to department heads, and that the effect of the act on the
county personnel policy was not significant in terms of costs. The
biggest change was that the family member no longer has to reside
permanenty with the employee, and that restriction must be removed from
the current policy.
Mr. Jacobs reported that he expected to have the revised Employee
Performance Evaluation Policy for Board adoption completed by mid-July.
He said that his department is also working on the Fair Labor Standards
Act and Employee Representation analysis in response to the Board's
request after the last Employee-Board meeting. After discussion, it was
decided to announce the opening for Mr. Lawler's position internally in
July.
No formal action was taken and the meeting was recessed at 3:00 p.m.
FACILITIES MANAGEMENT MEETING
(#262-263)
The Board of County Commissioners reconvened at 3:05 p.m. in general
session with Wayne Lawler, Facilities Manager. Chairman Hotchkiss
presided: Commissioners Duvall and Disney were present. Also present
were: Bill Gordon, County Administrator; Barrie Falk, Detention Center
Maintenance Unit; and, Gerald Sigward, Supervisor of Buildings and
Grounds. Recording Clerk, D. Lord.
Mr. Lawler gave an overview of the operations and responsibilities of
the Facilities Management Division, and the services provided by his
staff. He then reviewed the Major Plan for Repair/Replacement needs for
County Buildings and Grounds from 1993 through 1998. He stated that
each year's budget includes a line item for these expenditures, but that
they must be authorized prior to being encumbered. After discussion,
the Board agreed to take action on his recommendations at the June 23,
1993 Administrative Matters Meeting.
Mr. Falk and Mr. Sigward reviewed their unit activities and responded to
questions from the Board.
No action was taken and the meeting was adjourned at 4:05 p.m.
WEDNESDAY, JUNE 23, 1993
ADMINISTRATIVE MATTERS
(#264)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioners Disney was present, Commissioner Duvall was absent. Also
present were: Dot McKean, Right-of-Way Agent; Bob Martell, Purchasing
Agent; Rex Burns, Improvement District Administrator; Diane Martell,
Staff Services Manager; and Marla Hehn, Assistant County Attorney.
Recording Clerk, S. Graves.
1. PRESENTATION OF RESOLUTIONS VACATING ROAD RIGHT-OF-WAY FOR PROJECT
NUMBER 189 - BUCKHORN BRIDGE: Ms. McKean stated that new State Statutes
require ten (10) days notice to owners for road vacations and presented
five resolutions vacating public road right-of-way for Project #189 and
a resolution for conveyance and requested Board approval and the
Chairman's signature. Ms. McKean noted these vacations were negotiated
as part of other right-of-way acquisitions.
M O T I O N
Commissioner Disney moved that the Board approve the four Resolutions
vacating public road right-of-way and authorized the Chairman to sign
same.
Motion carried 2 - 0.
R93-82rb RESOLUTION VACATING PUBLIC ROAD RIGHT-OF-WAY (Geist Subdivision
First Filing)
R93-83rb RESOLUTION VACATING PUBLIC ROAD RIGHT-OF-WAY (Gary and Judy
Warner - Adjoiner)
R93-84rb RESOLUTION VACATING PUBLIC ROAD RIGHT-OF-WAY (Gary W. and Susan
Long - Adjoiner)
R93-85rb RESOLUTION VACATING PUBLIC ROAD RIGHT-OF-WAY (Geist Subdivision
First Filing)
R93-86rb RESOLUTION VACATING PUBLIC ROAD RIGHT-OF-WAY (Gary and Cynthia
Warner - Adjoiner)
M O T I O N
Commissioner Disney moved that the Board approve a Resolution for
Conveyance by County Commissioners of Larimer County, Colorado.
Motion carried 2 - 0.
R93-87rb RESOLUTION FOR CONVEYANCE BY BOARD OF COUNTY COMMISSIONERS
OF LARIMER COUNTY, COLORADO (Gary W. Long and Susan Long)
2. REQUEST FOR APPROVAL OF HIRE REGARDING: PROPOSAL 93-16 BOND AND
DISCLOSURE COUNSEL IMPROVEMENTS DISTRICTS: Proposals to consider the
contracting of bond and disclosure counsel for issuance of all
Improvement District and Enterprise Bonds through May 31, 1994 were
received in the Purchasing Department and reviewed by an evaluation
committee. The evaluation committee and the Purchasing Department
recommend hiring the firm of Grimshaw & Harring. This firm was not the
lowest bidder, but their qualifications, experience and knowledge of
Amendment #1 far surpassed the other bidders.
M O T I O N
Commissioner Disney moved that the Board approve hiring the firm of
Grimshaw & Harring at the negotiated prices of $12,750 for a bond
issuance under $250,000; $15,750 for a bond issuance from
$250,001-$500,000; and $20,750 for a bond issuance from
$501,000-$1,000,000, as recommended by the evaluation committee and the
Purchasing Department.
Motion carried 2 - 0.
At this time, Commissioner Duvall joined the meeting.
3. COMMISSIONER'S REPORTS:
-- Commissioner Duvall suggested a Memo be sent to Staff stating they
are welcome to discuss the 98% solution with the Board on a
philosophical basis. Discussion followed.
-- Commissioner Disney noted that Chuck Woodward, Larimer County
Treasurer, was honored as a Certified County Treasurer during a
Treasurer's Conference held in Pueblo last week, and suggested a letter
of congratulations be sent to him by the Board. Mr. Gordon stated this
was being done.
-- Commissioner Disney stated that after a meeting with Fleet Management
recently, it was realized that their mechanics furnish their own tools
at work and the least amount of value on the tools was $19,000 and were
not insured. After the Fleet Manager discussed this with Mike Burch,
Risk Manager, these employee's tools are now insured.
-- Commissioner Disney reported on the Ground Transportation Committee
Forum for the International Airport and consensus of the group was that
a mass transit rail system is needed to get people to the airport.
-- The Environmental Advisory Board applications have been received and
it was discussed whether or not to conduct interviews with the
applicants. Because of the time constraints of the Commissioners, it
was decided not to schedule these interviews.
4. WORKSESSION:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
authorize the expenditure, by the Facilities Manager, of $106,000 in
Capital Expenditure Funds for small repair projects for 1993.
Motion carried 3 - 0.
-- The Board received a request from Hospice of Larimer County for a
waiver of the $25 fee for a special events permit to stage its annual
"Walk 'n Roll" fund raiser. Last year, this amount was $50 and has been
reduced to $25. After discussion, the Board decided that since this fee
is so minimal, no exceptions should be made for granting a waiver of the
fee.
-- The Board was asked by John MacFarlane, Parks Director, to sign a
Certificate of Recognition for K-Lynn Cameron for her work on the Parks
Master Plan. CONSENSUS OF THE BOARD was to all sign the Certificate.
-- A Joint Dinner Meeting with the Board and the City of Loveland is
scheduled for June 29, 1993 at 5:30 p.m., with the Board as host.
Agenda items for the meeting were discussed.
-- Colorado Rockies has offered the County an opportunity for employees
for a County Night or Discount Night and offered three nights--August
17, August 30, and September 13. Notice of this offer will be placed in
"Inside Information" to determine if there is employee interest in this
offer.
-- Mr. Gordon informed the Board that Community Corrections would like
to use surplus funds ($5,300) to purchase hard drive networking for
Youth Services Bureau. The Board agreed to this use of surplus funds
for YSB.
5. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
M O T I O N
Commissioner Disney moved that the Board approve the Minutes for the
week of June 14, 1993, and the Agenda for the week of June 28, 1993, as
submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board approve the following Petitions
for Abatement, recommended by the County Assessor, Steve Miller: David
& Mildred Shenk; Larry Reimers; Sandra Lichtenwalter; Tommy Yardley;
Herman E. Etl; Greg Romero; Leola M. Rouse; Raymond Hupp; Everitt
Enterprises; Kenneth Brown; Martha Scott; West Shore Texaco; Davis Video
Library; Evans Remodeling; Adams/Newman; RAD Intnatl., Inc.; Fourwinds;
Casa Deli Cioso; Welsh/Humbert Insurance; and Classic Fuels.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board approve the following
miscellaneous documents: Wykoff Minor Residential Development Plat;
Amended Plat of Lots 24, 25, 26 & 31 of Spring Canyon Heights 4th;
Amended Horton/Beckner Exemption; and Form 5500 Filing - Flexible
Spending Account Plan for Internal Revenue Service.
Motion carried 3 - 0.
LIQUOR LICENSES: A License was issued to Hickory House South - 6% WITH
EXTENDED HOURS; Fort Collins, CO. County Approval was granted to Indian
Meadows Resort - 6% - Bellvue, CO.
M O T I O N
Commissioner Disney moved that the Board approve the following
documents:
C93-32 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE,
DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE
(Residential Transition, Diversion and Non-Residential Diversion
Services for Adult Offenders)
R93-88s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF ROBIN'S RIDGE
MINOR RESIDENTIAL DEVELOPMENT
R93-89z FINDINGS AND RESOLUTION CONCERNING THE VASQUEZ ZONING VIOLATION
Motion carried 3 - 0.
The meeting adjourned at 11:50 a.m.
________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
______________________________________
Sherry E. Graves, Deputy County Clerk
_____________________________________
Dolores Lord, Deputy County Clerk
