Loveland Bike Trail
 

    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   

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