Elk in Rocky Mountain National Park
 

    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   

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