MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 26, 2003

County Offices were closed this date in observance of Memorial Day

TUESDAY, MAY 27, 2003

ADMINISTRATIVE MATTERS

(#170)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Melinda Keen, Donna Hart, and Deni La Rue, Commissioner's Office; Gary Buffington, K-Lynn Cameron, and Jerry White, Parks and Open Lands; Bill Ressue, Assistant County Attorney; Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 19, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 19, 2003 with noted typographical correction.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 2, 2003: Ms. Hart reviewed the schedule for the week of June 2, 2003 with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Sierra Rica, LLC; Anstalt, and Buehler.

05272003A001 ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SEAR-BROWN GROUP, INC FOR CIVIL ENGINEERING DESIGN AND/OR DRAFTING SERVICES RFP#01-03

05272003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WARD INDUSTRIAL PARK FOR WAREHOUSE LEASE TO STORE ELECTION EQUIPMENT

05272003R001 RESOLUTION REGARDING RELEASE OF COLLATERAL OF SUBDIVISION PLAT FOR BONNELL WEST PLANNED UNIT DEVELOPMENT 5TH FILING

05272003R002 FINDINGS AND RESOLUTION APPROVING THE 3RD EXTENSION OF APPROVAL OF THE ELLIS RANCH PRELIMINARY RURAL LAND PLAN

05272003R003 FINDINGS AND RESOLUTION APPROVING THE REU RANCH II PRELIMINARY RURAL LAND PLAN

05272003R004 FINDINGS AND RESOLUTION APPROVING THE PRAIRIE CROSSING SUBDIVISION

05272003R005 FINDINGS AND RESOLUTION APPROVING THE STREET NAME CHANGE TO TIRRANNA COURT

05272003R006 FINDINGS AND RESOLUTION APPROVING THE PANORAMIC VIEW SUBDIVISION

MISCELLANEOUS: Bureau of Justice Assistance Grant Proposal; Puebla Vista Estates 1920A Amended Plat; and Cedar Park 2nd Filing, Lots 27 & 28 Amended Plat Easement Vacation.

LIQUOR LICENSES: Approval and Issuance: Riverbend Resort- 3.2%- Loveland, CO; Rocky Mountain Gateway #1- H&R- Estes Park, CO; and Rocky Mountain Gateway #2- 3.2%- Estes Park, CO. Approvals: JJ'S Country Store, Inc- 3.2%- Fort Collins, CO. Issued: Scorched Tree Bed and Breakfast- 6%- Bellvue, CO; JJ's Lounge- Tavern- Fort Collins, CO; Glen Haven Inn- H&R- Glen Haven, CO; Rustic Resort- Tavern- Bellvue, CO; Glen Echo Resort- Retail- Bellevue, CO; Glen Haven General Store- 3.2%- Glen Haven, CO; and Rustic Liquors- Retail- Bellvue, CO.

Motion carried 2 - 0.

5. REQUEST FOR FUNDING FOR RESTAURANT INSPECTIONS: Mr. Gluckman noted that the Board approved funding for restaurant inspections for the first 6-months of the year, pending legislative action. Mr. Gluckman stated that staff is requesting $43,150 from the County Carryover Fund to maintain minimum restaurant inspections.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the disbursement of $43,150 from Carryover Funds for restaurant inspections for the remainder of 2003.

Motion carried 2 - 0.

6. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen requested the following appointments to the Board of Adjustment all for three-year terms commencing July 1, 2003 and expiring June 30, 2006: Larry Chisesi, Vincent Costanzi, and Wilma Davis. Ms. Keen further requested the following appointment to the Workforce Investment Board for a 1-year term commencing May 20, 2003 and expiring June 30, 2004: William Harper.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Board of Adjustment and Workforce Investment Board as presented and outlined above.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Gluckman provided the Board with an update regarding the County's use of credit cards and a "convenience fee". Upon further investigation, Mr. Gluckman continued, Visa and Master Card will not allow the fee to be charged if a citizen appears in person. Commissioner Gibson noted that a "cash refund" process could be used and Mr. Gluckman stated that he would continue to research the options.

8. COMMISSIONER REPORTS: The Board noted their attendance at events over the past week.

9. PARKS AND OPEN LANDS REGULATIONS: Mr. Buffington reviewed the final proposed changes to the 2003 Parks and Open Lands Regulation with the Board and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the amendments to the Park Regulations and authorize the Chair to sign the resolution.

Motion carried 2 - 0.

05272003R007 RESOLUTION REGARDING REGULATIONS RELATING TO LARIMER COUNTY PUBLIC RECREATION AREAS AND FACILITIES

  1. EXECUTIVE SESSION (#171)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:30 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 2 - 0.

Executive session ended at 11:05 a.m.; no action was taken.

11. LEGAL MATTERS: Mr. Ressue stated that the closing for Indian Creek is scheduled for this Friday and provided the Board with a facsimile of the Deed of Trust and Promissory Note associated with such purchase. Mr. Ressue requested Board approval of the documents as well as approval authorizing the Chair to sign said documents upon receipt.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Promissory Note and Deed of Trust for Indian Creek and authorize the Chair to sign upon receipt.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 11:15 a.m.

THURSDAY, MAY 29, 2003

IMPOSITION OF ASSESSMENT

FORT COLLINS INDUSTRIAL PARK

LOCAL IMPROVEMENT DISTRICT #2001-1

The Board of County Commissioners met with Linda Sanders, Engineering Department; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Rex Burns and Rusty McDaniel, Engineering Department; and Jean O'Connor, Recording Clerk.

Ms. Sanders stated that the Fort Collins Local Improvement District had been approved in 2001 and noted that today's action will impose the assessment to individual property owners. The total bond cost will be $830,000. Mr. McDaniel briefed the Board of the improvements to be made. Commissioner Rennels asked if the "dips" in the roads would be improved and Mr. Burns replied in the affirmative.

Ms. Maryanne Milt, area property owner, expressed support for the assessment and noted that she would like to know the payment schedule.

There being no further comment, the hearing was closed to the public.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the resolution for imposition of assessments for Local Improvement District #2002-1: Fort Collins Industrial Park with an original bond sale amount of $830,000 and authorize the Chair to sign associated documents.

Motion carried 3 - 0.

05292003R001 RESOLUTION FOR IMPOSITION OF ASSESSMENT FOR LOCAL IMPROVEMENT DISTRICT #2001-1: FORT COLLINS INDUSTRIAL PARK

There being no further business, the hearing adjourned at 1:45 p.m.

Documents approved Tuesday, May 27, 2003 and presented for signature Friday, May 30, 2003:

05302003A001 PROMISSORY NOTED BETWEEN THE BOARD OF COUNTY COMMISSIONERS, Y & B PROPERTIES, AND INDIAN CREEK INVESTMENT LLC FOR INDIAN CREEK RANCH

05302003D001 DEED OF TRUST BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND Y & B PROPERTIES, AND INDIAN CREEK INVESTMENT LLC FOR A PORTION OF INDIAN CREEK RANCH PROPERTY

_______________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board