Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 12, 1998

PUBLIC WORKS STANDING MEETING

(#281)

The Board of County Commissioners met at 10:30 a.m. in regular session with Marc Engemoen, Director of Public Works. Chair Olson presided and Commissioners Clarke and Disney were present. Also present was Frank Lancaster, County Manager. Recording Clerk, Sherry Graves.

Mr. Engemoen stated that the purpose of today's meeting with the Board is to provide an update for the Board on engineering issues in the Public Works Department. Mr. Engemoen informed the Board of a land slide situation on the Seeton property on CR 23; he noted that the Horsetooth area is prone to landslides and several years ago, the County widened CR 23 and, at that time, there was some sluffing onto this property and the County spent about $30,000 repairing the damage. Mr. Engemoen stated that after the big rainfall last summer, more significant damage occurred and the Seetons have asked for the County to repair the damage, which would be very expensive, and the County is not sure to what extent the roadway construction contributed to the slide. Mr. Engemoen stated that they are hiring a consultant to determine if the roadway construction contributed to the slide and the cost for repair; he noted that the consultant will also be available to the Seetons for consultation.

Mr. Engemoen reminded the Board of the meeting in Wellington tomorrow night at 7 p.m. to discuss the road improvements made at the intersections of State Highway 1 and CR 9 & 15. Because of Commissioner Disney's expertise on transportation issues, he will be the Commissioner representative at this meeting.

Mr. Engemoen informed the Board that the advertisement for the County Engineers' position will close January 22, 1998, interviews will be conducted the middle of February, and it will probably be the end of March before a County Engineer is on board.

Mr. Engemoen informed the Board that the entities in the North Front Range Transportation Study are going to share some of the administrative costs and Larimer County's share is $2,100; he noted that this year he will pay this expenditure out of Road and Bridge because it was not budgeted for 1998, but it will be budgeted in the future.

Since Road & Bridge is perceived as maintenance for roads and bridges, Commissioner Disney asked Mr. Engemoen if transportation planning should be included in Road & Bridge or be separate because the whole regional transportation planning process is becoming much larger; he stated that, in his opinion, we need to start budgeting for transportation planning because it is requiring more and more staff time, etc. Mr. Engemoen stated that we definitely have a strong need to work with the Cities of Fort Collins and Loveland on some regional design criteria and construction standards to help with development review and IGA's; he noted that they have been meeting with the Cities to try and sort this process out and it looks like it could cost Larimer County up to $15,000 for a technical writer to come in and write the specifications and this is money which has not been budgeted and yet it is one of the key pieces to our transportation work. Mr. Engemoen stated that he needs to figure out where to come up with that $15,000 and if it comes out of Road & Bridge, it means they have to scale back on maintenance of roads in the County. Mr. Engemoen stated that he talked to the Planning Department and asked if there was any money in the PLUS process since the standards will be a part of the Code and they said "No". Chair Olson stated that, in her opinion, this is a planning issue, not a road and bridge issue because it has to do with future development. Much discussion followed. Mr. Engemoen also noted that there may be some large projects funded through North Front Range and the match for the County could be as much as $200,000 and where will that money come from? He noted that it would be terrible if we couldn't take advantage of some of these matches in which we spend $2 and get $10 worth of work done. After further discussion, the Board advised Mr. Engemoen to talk to Budget Manager Bob Keister about a source for these monies.

Mr. Engemoen stated that developments come in from time to time which have an impact on their ability to maintain the adjacent roads; he informed the Board that in the future, when Engineering reviews development proposals, they are going to be pointing out maintenance issues to help the Board identify the traffic impact on the adjacent roads. Mr. Engemoen stated that he plans to spend more time on development review with Mr. Sheldon and he hopes their comments won't be perceived an anti-growth or anti-development because they are doing a more in depth review of developments; he asked if this is agreeable with the Board and they responded in the affirmative.

For the Board's information, Commissioner Disney noted that the interchange at I-25 and State Highway 14 has moved up only one notch on the long-range transportation plan for the State and is now ranked #34 on the priority list. Mr. Engemoen stated that before the temporary improvements were made to this intersection, there were 67 accidents in a 3-year period and in the last 1 1/2 years, there have been zero accidents; however, he noted that the near-misses are not counted and the interchange is still far from safe. Much discussion followed; it was noted that when the Timberline extension is completed and the Harmony intersection is improved, it will alleviate the situation at this interchange somewhat. The Board stated that they need to schedule a meeting with Ms. Haag, Assistant County Attorney, to discuss the criteria report before the next development proposal for this area comes before the Commissioners for review as that report states that the safety problems have been solved by the temporary improvements, which is not true.

Commissioner Disney asked Mr. Engemoen if he has asked the new Parks Director, Greg Pickett, if he will be on the Task Force for the Fairgrounds; Mr. Engemoen stated that he has discussed this with Mr. Pickett and he is enthusiastic to serve on that Task Force.

The meeting recessed at 12:00 noon.

LAND USE PLANNING MEETING

(#281)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Keith Schuett and Richael Michels, Planners II; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Schuett stated that the Komer Special Review was continued to this date to allow time for an agreement to be reached between the property owner and two ditch companies; he noted that those parties have reached an agreement, which has been signed, and he submitted a copy of that agreement to be attached to the conditions of approval.

1. KOMER SPECIAL REVIEW (#97-ZR1032): PART OF THE NORTHWEST

1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE

6TH P.M., SOUTH OF AND ADJACENT TO COUNTY ROAD 54G,

3/4 MILES WEST OF TAFT ROAD, 2817 WEST COUNTY ROAD 54G;

18 ACRES; B-BUSINESS AND FA-1 FARMING ZONING

This is a request for Special Review and a Site Specific Development Plan for a six-acre gravel mine to be completed within two years. Staff findings include: 1) The proposal is in compliance with the intent and purposes of the Comprehensive Zoning Resolution. The Zoning Resolution identifies mining and similar uses as uses allowed by Special Review; 2) The proposal complies with the intent and purpose of the Comprehensive Master Plan. The applicant has demonstrated the ability to provide adequate services and demonstrated that the proposed intensity of use is appropriate to the location. The proposed development is retaining the open rural character of the area and avoids hazard areas to the greatest extent possible; 3) With the attached conditions and standards, the proposal will have the least effect on the surrounding area; 4) The proposal will not impair the public health, welfare, prosperity, and safety of the area by not creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities, or any unforeseen environmental influences in the area.

The Planning Commission/Staff recommendation is for approval of the Komer Special Review with the following conditions: 1) The operation of this special review shall be in compliance with the application materials as submitted, unless modified by these conditions; 2) This special review shall be valid for no more than two years from the date of approval by the Board of County Commissioners and shall automatically expire at the end of that two year span without any further action by Larimer County. To extend the life of the Special Review beyond the two-year time frame shall require the approval of the Board of County Commissioners of a new Special Review application; 3) The new easement agreement with Platte River Power Authority and the 20 foot wide storm drainage easement established along the west property line shall be recorded in the records of the Larimer County Clerk and Recorder. A copy of the recorded easements shall be submitted to the Larimer County Planning Department prior to the start of any excavation on site; 4) An Air Pollution Emissions Notice shall be approved and a copy of the approval shall be submitted to the Larimer County Planning Department prior to the start of any excavation on site; 5) Mining and quarrying operations in Larimer County require a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. A copy of the approved stormwater management plan shall be submitted to the Larimer County Planning Department prior to start of any excavation on site; 6) A copy of a valid Colorado Stormwater Management Permit shall be submitted to Larimer County Health Department and the Larimer County Planning Department prior to the start of any excavation on site; 7) A noise mitigation plan approved by the Larimer County Health Department shall be submitted to the Larimer County Planning Department prior to the start of any excavation on site; 8) The City of Greeley buried 27 inch steel water line, with an associated cathodic protection system located above ground, shall be protected from damage at all times from this operation; 9) Details of the final reclamation plan shall be submitted to the Larimer County Planning Department prior to the start of any excavation on site.

The supplemental conditions agreed to by Earl Gene and Carol Jean Komer, Gallenstein & Associations, Inc. and the owners of the Callahan Drain and the Taylor and Gill Ditch Company, which Mr. Schuett submitted today, are as follows: 1) The excavation and removal of materials shall comply with the other conditions as provided by the approval process; 2) The undersigned signatories warrant and confirm that collectively they own 100% of the Callahan Drain; 3) To monitor possible loss of water from the Callahan Drain, it is agreed that applicants Komer will install two devices acceptable to all parties which will measure the amount of water flowing through the Callahan Drain. These devices will be in place at least thirty days prior to the commencement of excavation and at least sixty days prior to dewatering activities. One device will be located where the Callahan Drain intersects with the western boundary of applicant Komer's property line, and a second device will be located where the Callahan Drain intersects with the eastern boundary of applicant Komer's property line. Should the devices require manual readings, a mutually agreed upon party, who does not have a direct interest in the Callahan Drain, will be hired to provide weekly readings of both devices and provide a monthly report to all interested parties. Applicant Komer will be responsible for costs incurred to provide the device reading service; 4) Gallenstein & Associates, Inc. will excavate a pothole and locate the exact location of the Callahan Drain where the Drain intersects with the proposal haul road. This area will be reinforced with adequate plating so that the Drain will be fully protected. If the Drain sustains damage from the haulage, the damage will be promptly repaired and reinforcing installed to insure that breakage will not occur again; 5) Applicant Komer agrees to secure an irrevocable bank Letter of Credit for $50,000 directed to Fischer, Howard & Francis, LLP, as escrow agent for the owners of the water flowing through the Callahan Drain. It is also agreed that Mr. Komer will be given thirty days to make necessary repairs once the owner(s) of the water have proven diminution of flow in the Callahan Drain. Subsequently, the owner(s) of the water will have thirty days to make necessary repairs, should Mr. Komer fail to complete repairs within the initial thirty days stipulated. Mr. Komer will be financially responsible for proven water loss, which will be quantified based upon a 365 day loss. The water loss will be valued on a per acre foot basis equal to the price being paid at that time for units of Northern Colorado Water Conservancy District. This Letter of Credit will be renewed annually for three years, or for one year beyond the completion of the excavation process, whichever comes first; 6) A separate agreement will be prepared, executed and recorded between the Taylor and Gill Ditch Company and the Komers whereby the Komers will agree that irrigation water from the Taylor and Gill Ditch Company will be utilized only for irrigation of the property and not used to fill the excavated area, unless there are changes in water law or the By-Laws of the Company which would allow such usage. (This supplemental agreement was signed on January 5, 1998.)

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Komer Special Review (#97-ZR1032), with the conditions as outlined and the supplemental agreement and special review conditions of approval submitted today.

Motion carried 3 - 0.

2. SCHUETZE MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#97-EX1171): 33-04-69 - SOUTH SIDE OF COUNTY ROAD 4, 3/4 MILE

WEST OF U. S. HIGHWAY 287, NORTHWEST OF HORSESHOE

PARK SUBDIVISION; 69.16 ACRES; FA-1 FARMING ZONING

This is a request to appeal the MRD application criteria to allow an MRD application to be processed on property that has been divided since May 5, 1972. Ms. Michels described the location of this proposal and reviewed the major issues and concerns; she noted that this application is being processed as a MRD appeal request but the applicant is asking that this land be further divided by exemption in which she would be allowed to divide the 69.16 acres into a 9 acre and 60 acre home site. Ms. Michels noted that staff does not see any public benefit for approving this appeal; she discussed the soil conditions and the impact on the roads, noting that the staff report is incorrect in that it states that the lots would take access onto CR 4 and actually will take access through the Horseshoe Park Subdivision and onto Highway 287. Staff findings are: 1) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for MRD's to be processed only for properties not divided since 1972; 2) The original parcel was divided by this applicant into 7 parcels of 35 acres or more in 1995; 3) The property was originally the subject of two previous subdivision proposals which were denied by the Board of County Commissioners; 4) Previous development reviews of this property have indicated that significant technical issues can be anticipated during any further development of the property; 5) By dividing the property into parcels of 35 acres or more, the applicant disqualified her property from further development with the exemption process; 6) If the appeal is denied, the applicant may still apply to divide her land using the subdivision process. The staff recommendation is for denial of the Schuetze Minor Residential Development Appeal.

Applicant Bronwyn Schuetze addressed the Board and stated that Tract 7 is a 69.16 acre parcel from which a 9-acre tract was deeded off separately; she noted that her request is for the remaining 60 acres to be a viable home site, which will have no impact on CR 4. Ms. Schuetze stated that the 9 acres has a separate deed, but she cannot determine when that 9 acres was deeded off from the original parcel; if it was before May 5, 1972, there is no problem. Ms. Michels noted that the Planning Department considers the 69.14 acres as one parcel, thereby only one building site is allowed. Much discussion followed.

Commissioner Disney cited his concerns regarding the fairness of additional traffic going through Horseshoe Subdivision without contributing to the maintenance of the roads and he is concerned about setting a precedent if this request is approved. Commissioner Clarke stated that if the deed to the 9 acres cannot be found and proven to have been signed before May 5, 1972, then the 69.16 acres is allowed only one building site; however, if the deed is found and was signed before that date, then it is a legal building site and the remaining 60 acres can become a building site as well.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Schuetze Minor Residential Development Appeal (#97-EX1171).

Motion carried 3 - 0.

The hearing adjourned at 3:45 p.m.

TUESDAY, JANUARY 13, 1997

ADMINISTRATIVE MATTERS

(#282 & #281 @ 3000)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Doug Ryan, Environmental Health Planner; Kathy Snell, Director Health & Human Services; Ralph Jacobs, Director Human Resources; District Attorney Stu VanMeveren; Linda Coxen, Administrator District Attorney's Office; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Jerry Berg, Daniel Horst, Dave Fasulo, Dale Alps, and Jack Swets. Mr. Berg discussed a property tax issue; he noted that previously his property west of Loveland on Highway 34, on which there is a pole barn and 3 acres of land, was assessed $37,549 but last year it went up an additional $53,312. Mr. Berg stated that he went through the whole protest process of BOE and BAA trying to get the land rezoned agriculture, but to no avail. Mr. Berg reviewed some comparisons of adjacent properties, which were all much lower than his; he noted that he discussed this matter with the County Assessor for two hours, but received no satisfaction, and now plans to go on to the Court of Appeals. Commissioner Clarke stated that he talked to the County Assessor about this situation, and he said that everyone that Mr. Berg used for comparison is under assessed. Mr. Berg stated that he talked to Rep. Bill Kaufman and Sen. Stan Matsunaka and they said it was part of the Commissioners' job to make decisions regarding assessments and taxes. The Board said that the County Assessor is an independent elected official and the Board cannot tell him what to do, he is bound by State Statute. After further discussion, the Board stated that this matter will have to be settled in the Courts.

Attorney Dave Fasulo informed the Board that Daniel Horst has come to an agreement with the Alps Family, which has an illegal tire dump on their property; he noted that the State has created funds available for cleaning up such a facility, but it has to be through the County and they are here today to start the process to make application for those funds. Mr. Fasulo stated that Mr. Horst is planning to put in place a crumb rubber facility, which takes the tires and separates the crumb rubber from the steel or fiber and the crumb is used for a lot of different things; they think this is a good project for the County, the Alps Family, and Mr. Horst. The Board introduced Mr. Ryan; Commissioner Disney stated that the County is definitely interested in this project as the Alps' tires have the potential for being an extreme environmental problem. Commissioner Disney noted, however, that the Platte River Power Authority is interested in the tire pile as a potential fuel source for rawhide power; he stated that he would like to see a management plan from both parties. Mr. Ryan stated that the County sees this as an opportunity and is interested in working with them and will assist them in writing the management plan; he noted that the major departments which have concerns, such as Planning, will also need to review the plan, and when the County is satisfied that this is to everyone's joint benefit, they will be a signatory on the grant application.

Jack Swets, Timnath resident, asked the Board when the 203 bridge project in his area will be completed as he has not been able to get any information out of the engineers; he noted he has two concerns: 1) The irrigation system on the Huijsen side of the road worked previously, but does not work now; 2) On his side of the road, there is a horrible mess left from the construction and he asked when it will be cleaned up. Mr. Swets submitted pictures of the site and asked why the County did not have a project supervisor on this bridge project. With regard to the major construction planned for the interchange of I-25 and Harmony Road, Mr. Swets asked how the County arrived at the high assessment on the Huijsen property ($20,000 per acre); he noted he has been talking with the Colorado Department of Transportation (CDOT) and, as they will be coming through some of the Swets property, they are interested in how the County arrived at this high assessment. Since Mr. Swets does not want to discuss these concerns with Engineering, the Board will talk to the Director of Public Works and report back to Mr. Swets.

2. APPROVAL OF MINUTES FOR WEEK OF JANUARY 5, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 5, 1998, as submitted.

Motion carried 2 - 0; Commissioner Clarke dissented from voting as he was out of town last week and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 19, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of January 19, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for January 13, 1998:

MISCELLANEOUS DOCUMENTS: Amended Plat for Crystal Lakes 12th Filing, P.U.D., Lots 139 & 140. LIQUOR LICENSES: County approval was granted for a Waive of Hearing for a Change of Ownership for a 6% Malt Liquor License for the Fort Collins Plaza Inn at 3709 East Mulberry St. in Fort Collins, CO. and for renewal of license for Horsetooth Marine Resort, Inc. 3.2% - Fort Collins, CO.

A98-01 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND STONER AND COMPANY (Space at

122 S. Mason for Storage of Election Equipment)

R98-05 RESOLUTION AMENDMENT FOR LARIMER COUNTY WATER,

SEWER, AND FIRE SAFETY STANDARDS AND PROCEDURES

MANUAL

Motion carried 3 - 0.

5. PROCLAMATION OF MARTIN LUTHER KING DAY: The Board was requested to proclaim January 19, 1998 as Martin Luther King Jr. Day and encourage Larimer County citizens to participate in celebratory events and to take time to reflect on the accomplishments of Dr. King and the values he represents to the American fabric.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim that January 19, 1998 is Martin Luther King Jr. Day in Larimer County and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

6. APPOINTMENT OF COMMUNITY SERVICES DIRECTOR: Ms. Snell requested that the Board approve the appointment of Ginny Riley as Community Services Director at a salary of $70,000; she noted that Ms. Riley has agreed to the appointment and will start January 15, 1998. Ms. Snell also requested that the Board name Glen Rathgeber as Deputy Director; she noted that currently he is a Merit System employee and at this time cannot be appointed to that position, but in July when the County is out of the Merit System, he can be appointed. CONSENSUS OF THE BOARD was to name Glen Rathgeber as Deputy Director of Community Services.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint Ginny Riley as Director of Community Services at an annual salary of $70,000; this appointment is effective January 15, 1998.

Motion carried 3 - 0.

7. REQUEST FOR ADDITIONAL FUNDING FOR DISTRICT ATTORNEY'S SALARIES: The Board was requested to approve an additional 1% for market adjustments for the District Attorney's Appointed Personnel to reach and/or maintain compensation at the 50th percentile; it was noted that 1% is approximately $8,860 and funding for this request may be derived either from the 6% of the Salary Pool and/or the 1997 Fund Balances. District Attorney VanMeveren stated that Human Resources has verified that this request is in keeping with the commitment to compensate all County employees at the 50th percentile.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the additional funding of $8,860 from the County's 6% Salary Pool to allow the salaries in the District Attorney's Office to reach the County's goal of the 50th percentile; however, if those funds are not available, the increase will be funded from the 1997 Fund Balance.

Motion carried 3 - 0.

8. APPROVAL OF EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT: Mr. Jacobs requested Board approval of an updated Equal Employment Opportunity Policy (EEOP) Statement; he noted that the reason for the request at this time is because the Sheriff's Department is making application for a grant and they need to have an EEO Plan submitted with the application. Mr. Jacobs stated that this Policy is a condensation of previously existing policies contained in 5 documents; he noted that this Policy will also serve the needs of other County departments. Mr. Jacobs noted that basically there is no new language in this policy statement and this is not an affirmative action plan, just a statement that we will be an equal employment opportunity employer.

M O T I O N

Commissioner Disney moved that the Board of County approve the Equal Employment Opportunity Policy Statement, and authorize the Chair to sign same.

Motion carried 3 - 0.

P98-01 EQUAL EMPLOYMENT OPPORTUNITY POLICY

9. APPOINTMENTS TO RURAL LAND USE BOARD: Mr. Gluckman informed the Board that the candidates for the Rural Land Use Board were interviewed last week and the recommendation is for the Board to appoint Harry G. Sauer and Jeff Hindman to that Board to fill two unexpired terms.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the appointments of Harry G. Sauer and Jeff Hindman to fill two unexpired terms on the Rural Land Use Board; both appointments are effective January 13, 1998 and will expire on June 30, 1998.

Motion carried 3 - 0.

10. BOARD COMMITTEE AND LIAISON ASSIGNMENTS FOR 1998: The Board reviewed one by one the list of Boards, Commissions and Task Forces and made Board member assignments and responsibilities for 1998.

11. WORKSESSION:

-- Discussion of Two Bills before Legislature: Mr. Gluckman submitted the following two Bills to be considered by the Sixty-first General Assembly for the Board to review and decide if they are going to support: 1) Expansion of County powers to include the regulation of the purchase of tobacco by minors, sponsored by Senator Peggy Reeves; and 2) Increase in the amount of fee retained when collecting Motor Vehicle Registration fees, sponsored by Representative Steve Tool. Discussion followed and CONSENSUS OF THE BOARD was to support passage of both Bills. With the Board's support for these Bills, Mr. Gluckman will now try and enlist the support of CCI (Colorado Counties, Inc.)

-- Update on Legislative Review Committee: Mr. Gluckman informed the Board that he has been reviewing the numerous summaries of the Bills coming before the Legislature this year; he noted that the Legislative Review Committee will start meeting next week. Mr. Gluckman stated that Rep. Kaufman is arranging a special trip for the Committee to go to Denver to watch Legislature in session.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

12. COMMISSIONER REPORTS:

-- Commissioner Disney reported that the Transportation Open House at the Foothills Mall last Saturday was a success and comments were received from the general public. Commissioner Disney asked his colleagues how much they would like to be involved with the long-range project selections; they responded that they feel they would not have enough information to make those decisions and the selections should be made by Commissioner Disney and Marc Engemoen. However, they did say they would like to see the presentation on transportation which Bob Felsburg, Transportation Consultant, will be giving to the Fort Collins City Council, and possibly the Greeley and Loveland City Councils.

-- Commissioner Clarke provided a brief summary on a number of Bills coming before the Legislature this year; in addition to a number of miscellaneous Bills, there are two on property taxes, one to reduce the State Income Tax from 5% to 4.7%, one to expand services provided by a Special Improvement District; one to require Jury trials for speeding tickets, etc.

-- Chair Olson expressed thanks and appreciation to Jay Meehl from Geographic Information Systems (GIS) for his hard work and efforts in producing the Parks and Open Lands Map.

-- Chair Olson reported that last week she and Mr. Lancaster and Mr. Gluckman went to the CSU Presidents' Community Relations meeting; she noted that everyone presented their legislative and strategic plans and Mr. Gluckman did a great job for the County.

-- Chair Olson noted that after last nights joint study session with the Fort Collins Community Growth Management Committee, Fort Collins Planning and Zoning Board, and the Larimer County Planning Commission, she suggested to Larry Timm, Director of Planning, that as a part of tomorrow nights PLUS agenda with the Planning Commission, they solicit their comments on having a worksession on IGA's, transfer of density units, Fossil Creek Area Plan, and other subjects the County is negotiating with the City.

At this time, County Attorney George Hass joined the meeting for legal matters.

13. LEGAL MATTERS:

Mr. Hass stated that he came to Legal Matters today to discuss negotiations with Hensel Phelps on the "Letter of Intent" for the Courthouse, but since Mr. Lancaster is not here to participate in the discussion, he asked if the Board wanted to proceed with the discussion or not; he noted that Hensel Phelps needs this Letter of Intent" to start working. The Board decided to delay this discussion until Legal Matters next week when Mr. Lancaster will be in attendance.

Commissioner Clarke stated that at the Larimer/Weld Water Issues Group meeting last week they realized that some of the communities which are acquiring open space are also acquiring water rights with the land and putting the water into a water bank. If Larimer County acquires water rights with open lands, Commissioner Clarke asked Mr. Hass if we can take this same approach; Mr. Hass responded that he will have to think about this. Commissioner Disney asked about acquiring mineral rights on the land; Mr. Hass responded that it would depend on what kind of minerals and it would have to be looked at case by case.

The meeting recessed at 11:10 a.m.

QUARTERLY BUDGET WORKSESSION

(#283)

The Board of County Commissioners reconvened at 1:30 p.m. with Bob Kiester, Budget Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present was Frank Lancaster, County Manager. Recording Clerk, Gael Cookman.

Mr. Keister explained that he came before the Board to discuss their expectations for 1998 and to give them an idea of his plans for the new year. Mr. Keister passed out an agenda which included the Board's goals, specific projects, and the current budget status; he explained the Board of County Commissioners goals and his involvement as follows: a) Assist to: Establish a capital expenditure plan that is tied to fees, for facilities, public work infrastructure and technological software investments. b) Assist to: Create county fee structures and revenue sources by charging fees for services where appropriate. c) Examine benefits or repealing TABOR (Taxpayers Bill Of Rights) revenue limit and place issue on ballot if appropriate. d) Assist in: Developing a regional model for a cost/benefit determination of growth and development in including the exploration of impact fees. Mr. Keister explained that he was unsure on whether or not all of these items would be accomplished in 1998 and asked for the Commissioners to prioritize them in order to give him more guidance. Some discussion followed with regards to each of the four items. Mr. Keister then explained the specific projects as follows: a) Establish Budget Process Review Committee and Use Best Practices as a Guide. b) Explore Program Budgeting. c) Design and write a New Salary/Benefit Forecasting/Modeling System. d) Web Site where public can "explore" and learn about sources and uses of funds. e) CCI Tax and Finance Committee. f) Budget Video. g) Host Front Range Budget Conference in September 1998. Again, some discussion followed regarding each of the specific projects and the Commissioners informed Mr. Keister of their ideas and preferences for working on these projects. Mr. Keister explained the status of the current budget; he noted that the 1998 budget has been loaded in to the computerized Financial Management System and that carryover estimates are being developed, which determines what moneys are left over from the 1997 budget and where they will be dispersed. Mr. Keister explained that he felt the carryover should be divided into three areas: the minimum reserve fund, the 1998 pay plan, and facilities/service proposals. Mr. Keister noted that he should have a recommendation regarding the carryover for the Commissioner's by March 1998. Finally, Mr. Keister stated that all Departments' would need to re-work their budgets regarding wages and benefits; he explained that all of the Departments' were instructed to budget a 6% wage increase for each employee, and now that the salaries are finalized, the adjustments have to be made to reflect the true wage increase. Mr. Keister noted that he was not sure the Departments' understood that if a position was not increased at all, or was increased to less than 6%, the money leftover would not stay with that department, but would go back into the salary pool to balance out the rest of the salary increases.

Meeting adjourned at 3:00 p.m.

THURSDAY, JANUARY 15, 1998

PUBLIC HEARING REGARDING LANDFILL RATES

(#284)

The Board of County Commissioners met at 7:00 p.m. in Estes Park, Colorado for a Public Hearing regarding the Estes Park Transfer Station Rate Increase. Chair Olson presided and Commissioner Clarke was present. Also present was Janelle Henderson, Director of Natural Resources. Recording Clerk, Sherry Graves.

Ms. Henderson stated that the purpose of tonight's public hearing is for the Board to consider an increase in the Estes Park Transfer Station tipping fees, to become effective February 1, 1998; she noted that fee increases at both the landfill and transfer stations in Larimer County have become necessary because Waste Management of Northern Colorado began diverting all the waste they were taking to the landfill to their own company-owned landfill in Weld County. Ms. Henderson continued that in the past year, because of the actions of Waste Management, approximately $750,000 in revenue has been lost, and because the entire Solid Waste System is self supporting, they were faced with either raising fees, finding other sources of revenue, or cutting services. Ms. Henderson stated that on December 15, 1997, the Commissioners approved rate increases at the Berthoud, Wellington, and Red Feather Transfer Stations and the Larimer County Landfill and those increases went into effect January 1, 1998. Ms. Henderson submitted and reviewed a sheet showing the 1997 rates and proposed 1998 rates and the increase for each category for the Estes Park Transfer Station, and a sheet comparing the new rates for the transfer stations and landfill in Larimer County and other entities in northern Colorado; she noted that the proposed rate increases range from seven to forty-five percent, with the largest increase being for tires. Ms. Henderson stated that the Estes Parks' rates have historically been higher than at the other transfer stations due to the higher operating costs and extra services provided, and this will be the first rate increase in Estes Park since 1994; however, she noted that the increase requested amounts to 22% and the rates at Berthoud, Wellington, and Red Feather were approximately 27%.

Commissioner Clarke explained to Patrick Hatcher, the Boy Scout in attendance working on his Merit Badge, that the Landfill and Transfer Stations are a part of Larimer County Government called an Enterprise Fund, which means that they are set up on the basis of a business and the money taken in has to be in excess of the money spent. Gary Klaphake, Estes Park Town Manager, stated that he supports Ms. Henderson's recommendation, noting that they are looking for a long-term solution but, in the interim, this rate increase seems reasonable. Patrick Hatcher asked if there will ever be recycling trucks going to the homes for residential pickup in Estes Park; Mr. Klaphake responded that before that happens, we need to consume more recyclables because right now the market is out of balance as they are collecting more recyclables than they need. Steve Gillette, Operations Manager for A-1 Transfer, Inc. informed Patrick that it would be a very costly service in Estes Park because the homes are not in close proximity or in clustered neighborhoods.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the increase in the Estes Park Transfer Station tipping fees, effective February 1, 1998, in accordance with the fee schedule submitted.

Motion carried 2 - 0.

The hearing adjourned at 7:25 p.m.

_________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

_________________________________________

Gael M. Cookman, Deputy County Clerk

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