County Offices, Courts and Landfill will be closed on Monday, July 4 for the Independence Day Holiday. Critical services at Larimer County are not disrupted by closures.
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