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