Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 29, 2001

There were no Land Use Hearings this date.

TUESDAY, OCTOBER 30, 2001

ADMINISTRATIVE MATTERS

(#111)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were K-Lynn Cameron, Manager of Open Lands; Jerry White, Engineering; Kate Tremblay, Risk Management Manager; Carol Garton, Acting CEO of Northern Colorado Economic Development Corporation; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 22, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of October 22, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 5, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of November 5, 2001 as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for October 30, 2001:

A01-160 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BHA DESIGN, INC FOR FAIRGROUND DESIGN

A01-161 GRANT AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR HORSETOOTH MOUNTAIN PARK PRESERVE EXPANSION PROJECT

A01-162 GRANT AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR UTE FARM/ONE PUTT LAND CONSERVATION PROJECT

A01-163 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TOWN OF WELLINGTON, TOWN OF BERTHOUD, TOWN OF ESTES PARK, CITY OF FORT COLLINS, CITY OF LOVELAND, TOWN OF TIMNATH, ALLENSPARK FIRE PROTECTIONS DISTRICT, BERTHOUD FIRE PROTECTION DISTRICT, LOVELAND RURAL FIRE PROTECTION DISTRICT, PINEWOOD SPRINGS FIRE PROTECTION DISTRICT, GLACIER VIEW FIRE PROTECTION DISTRICT, POUDRE VALLEY FIRE PROTECTION DISTRICT, RED FEATHER LAKES FIRE PROTECTION DISTRICT, WELLINGTON FIRE PROTECTION DISTRICT, POUDRE VALLEY HOSPITAL DISTRICT, LYONS FIRE PROTECTION DISTRICT, POUDRE CANYON FIRE PROTECTION DISTRICT, WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT, THOMPSON VALLEY HOSPITAL DISTRICT, PARK HOSPITAL DISTRICT, COLORADO STATE UNIVERSITY, TOWN OF JOHNSTOWN AND TOWN OF WINDSOR TO MODIFY AND AMEND INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" EMERGENCY TELEPHONE SERVICE

A01-164 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELORES J BARGER FOR THE USE OF PROPERTY FOR FIREARMS TRAINING

C01-43 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE LARIMER COUNTY SHERIFF'S OFFICE FOR DUI/DRUG ENFORCEMENT

R01-203s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION IN THE TERRA VISTA MINOR RESIDENTIAL DEVELOPMENT

R01-204s FINDINGS AND RESOLUTION APPROVING STREET NAMES IN THE FISH CREEK PARK SUBDIVISION

R01-205s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF ACCESS EASEMENT IN SOUTH NOKOMIS LAKE BLOCK 12 LOTS 12 - 17

R01-206s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS

R01-207s FINDINGS AND RESOLUTION APPROVING STREET NAMES IN ANTELOPE HILLS

R01-208s FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENT IN SUNSHIP PLANNED UNIT DEVELOPMENT

R01-209z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF BIG HORN RIDGE

R01-210s FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF A UTILITY EASEMENT IN SPRING GULCH RANCH ESTATES, LOT 25

R01-211g RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT #L-43-02

MISCELLANEOUS: Beckner Exemption Plat and Ownes Minor Land Division

LIQUOR LICENSES: The following licenses were approved Sundeck Restaurant- 6%- Estes Park, CO and Berthoud Arts and Humanities Alliance- 6% Special Event Permit- Berthoud, CO.

Motion carried 3 - 0.

  1. CELEBRATION OF FAMILIES WEEK PROCLAMATION:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaim the week of November 4 - 10, 2001 as Celebration of Families Week.

Motion carried 3 - 0.

6. PRESENTATION ON FUNDING FOR NORTHERN COLORADO ECONOMIC DEVELOPMENT CORPORATION (NCEDC): Ms. Garton briefed the Board as to what NCEDC does and who they are and noted that Mr. Lancaster sits on the Board of Directors. Ms. Garton noted that NCEDC is a non-profit corporation funded by private investors and asked the Board to consider becoming a partner for $10,000 for the 2002 year. Consensus of the Board is to review the information and provide direction to Mr. Lancaster.

7. SYLVAN DALE RANCH CONSERVATION EASEMENT: Mr. White noted that staff had previously provided a preliminary review of this project and stated that today, staff is requesting final approval for the expenditure of $222,620 for Green Ridge Conservation Easement and $287,380 for the Red Ridge Conservation Easement. Commissioner Gibson asked if either of these projects contains a firm commitment for a trail easement and Ms. Cameron said no, and that it is the desire of the Jessup family to continue working with the County to establish a trail. Mr. David Jessup stated that his father, long ago envisioned a trail and that a trail is also the wishes of the family. However, Mr. Jessup continued, if the Board is asking for a firm commitment today for a trail easement on either of these parcels, that is not going to happen. The Jessup family is willing to continue to work with the County to achieve a trail but not on these parcels.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the expenditure of $222,620 for the Green Ridge Conservation Easement and the expenditure of $287,380 for the Red Ridge Conservation Easement.

Motion carried 2 - 1 with Commissioner Gibson dissenting.

8. ESTES VALLEY TRAIL PLAN: Ms. Cameron requested approval for the expenditure of $5,000 from Open Space Sales Tax dollars for the Estes Valley Trails Plan. The Estes Valley Recreation and Parks District, Ms. Cameron continued is updating their 1986 Trails Plan and has asked the County Open Lands Program for this contribution toward the updated plan.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $5,000 from the Open Space Sales Tax to go toward development of an updated Trails Plan for the Estes Valley.

Motion carried 3 - 0.

  1. WORK SESSION: None

10. COMMISSIONER REPORTS: None

11. EXECUTIVE SESSION: Tape #113

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:05 a.m. to discuss a personnel issue and cited 24-6-402(4)(f).

Motion carried 3 - 0.

Executive session ended at 11:20 a.m.; no action was taken.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:25 a.m. to discuss land negotiations and cited 24-6-402(4)(a).

Motion carried 3 - 0.

Executive session ended at 11:40 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:45 a.m.

LIQUOR LICENSE RENEWAL HEARING

For

FARGO COUNTY ROADHOUSE aka The Rock Dance Club

(#114)

The Board of County Commissioners met with Linda Connors, Assistant County Attorney at 2:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Ann Hanson, Court Reporter; Don Johnson, Attorney representing Larimer County; Tom French and Andy Gavaldon, Attorneys representing Fargo County Roadhouse; Lt. Ken Elliott, and Sgt. Jerry Baker, Sheriff's Office; and Jean O'Connor, Recording Clerk.

Mr. Johnson provided a witness list and exhibits to the Board for the record and called Lt. Elliott to be sworn in for testimony. Lt. Elliott provided credentials and training received to date, his involvement with the Fargo, and ongoing concerns of the Sheriff's Department. The number one concern, Lt. Elliott continued is the continued use of Sheriff Department resources at the Fargo and that other patrol units are often pulled from other areas of the County for transportation, leaving those areas without patrol officers for periods of time.

Much discussion ensued comparing the Fargo to the Sundance Saloon and the number of incident reports from each establishment.

Mr. French cross examined Lt. Elliott and asked if the Fargo staff has cooperated with the Sheriff's Office in reporting violations of the law and Lt. Elliott replied in the affirmative. Lt. Elliott continued by noting that the Fargo has complied with a previous stipulation of renewal for their liquor licenses and reiterated that two officers are insufficient when a suspect must be transported.

At this time Mr. French stated for the record that the Fargo is willing to stipulate a 3rd officer be on site for 18 and over nights, which currently includes Wednesday and Friday evenings. Mr. French further noted that owner of the Fargo will file Change of Trade Name papers with the Clerks office this date.

Mr. Johnson addressed the Board in that Sgt. Baker has concerns as to whether or not off duty officers would always be available.

Sgt. Baker was sworn in and stated that he agreed with Lt. Elliott in most areas and noted that by law, the Sheriff's Department is required to protect strategic locations with off duty officers as a result of the September 11 terrorist attack.

Discussion ensued as to other municipalities provided officers at the Fargo for 18 and over nights.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the renewal of the Fargo County Roadhouse Tavern Liquor License; direct the County Attorney to draft a stipulation requiring three fully commissioned and certified officers for the State of Colorado be present for any 18 and over nights; address monitoring and review of incident reports over the next six months; and require Change of Trade Name papers be filed with the Clerk and Recorders office this date.

Ms. Connors noted that any officer, outside the Sheriff's Department, hired to fulfill this stipulation, must be approved and deputized by Sheriff Alderden. Commissioner Bender stated that the Sheriff's Department already has concerns with finding a third officer to fulfill the stipulation and asked what the Fargo is to do if only two officers are present for 18 and over nights. Ms. Conners stated that if there are not three officers, then there is not to be an 18 and over night that evening.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

THURSDAY, NOVEMBER 1, 2001

LANDFILL AND TRANSFER STATION RATE INCREASE

PUBLIC HEARING

(#114)

The Board of County Commissioners met with Steve Gillette, Assistant Director of Natural Resources at 2:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present; Recording Clerk, Gael Cookman.

Mr. Gillette presented the Board with a handout of the proposed Landfill, and Wellington, Berthoud, and Red Feather Transfer Station rate increases; he explained the need to increase rates was due in part to the fact that local waste haulers are utilizing other landfills in the area to dipsose of trash, which has resulted in a loss of revenue to the County. Mr. Gillette explained that they have used various methods to cut costs in their department including postponing the Recycling Center expansion, postponing closure of Landfill phase 2 and 3, and postponing the shooting range cleanup. Mr. Gillette also noted that even with the proposed increase, the Larimer County Landfill rates would be well below other landfill rates in the area. Mr. Gillette explained that increasing rates will help maintain fund balances, will allow flexibility in responding to the extreme variability in recycling center operating costs, and will allow them to maintain the level of service provided by these facilities. He noted that the disadvantages will result in the customers having to pay more to use the landfill and transfer stations, and that local haulers will more than likely pass the increase along to the customers.

Commissioner Gibson asked if there is the possibility of paying the landfill-tipping fee with a credit card. Mr. Gillette noted that they had look into the possibility of offering credit card services in the past but had not moved in that direction due to the start up costs and fees associated with this service. Chair Rennels asked Mr. Gillette to work with the Assistant County Manager on this issue, since there has been some research and information obtained with regard to utilizing credit cards in county government.

At this point Chair Rennels opened the meeting up for public comment. No one addressed the Board for public comment.

Commissioner Bender asked how the smaller commercial businesses would be affected by the rate increase. Mr. Gillette noted that the impact would be minimal since the loose waste is only being increased .8% and the compacted waste is increasing 5.49% which the business owner could absorb by adjusting the fees to their own customers. Mr. Gillette also noted that the proposed fee schedule was sent to the waste haulers and has been available since September, which was ample notice for the haulers to make any necessary adjustments in their business. Commissioner Gibson asked if the life of the landfill would be increased due to the reduction of volume. Mr. Gillette agreed that less yardage will increase the life of the landfill, and he noted that they are looking at other ways to extend the life of the landfill such as implementing the use of an alternate daily cover. Commissioner Gibson asked if the rates were competetive enough and if it would allow them to break even or make a profit. Mr. Gillette stated that the proposed rates would pretty much be at the break-even point.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Landfill and Transfer Station Rates Fee Schedule for 2002 as presented.

Motion carried 3-0.

Meeting adjourned at 2:50 p.m.

_________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Jean M. O'Conner, Deputy County Clerk

_________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.