MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 23, 2003

LAND USE HEARING

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The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were David Karan, Planning Staff; Christie Coleman, Engineering Department; and Jean O'Connor, Recording Clerk.

Chair Bender stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Carl Price requested item #2 Meadowbrook Ranch Street Name Change be removed from consent.

  1. PRELIMINARY PLAT FOR LINCOLN INDUSTRIAL PARK, LOT 8, PLD (PLANNED LAND DIVISION) TIME EXTENSION: SE 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED ON THE SOUTH SIDE OF LINCOLN AVENUE APPROXIMATELY 400 FEET WEST OF AIR PARK DRIVE IN THE FORT COLLINS GROWTH MANAGEMENT AREA

This is a request to extend the approval of the Preliminary Plat - Lincoln Industrial Park, Lot 8, PLD (Planned Land Division) and Rezoning to PD (Planned Development) zoning for one year. Staff findings is that the uncertain state of the economy and reduced construction activity justify this extension. Staff recommendation is approval of the request for a one-year time extension.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as amended and outlined above.

Motion carried 3 - 0.

2. MEADOWBROOK RANCH STREET NAME CHANGE: SE 1/4 OF 12-72; SECTIONS 23 THROUGH 27. JUST WEST OF HIGHWAY 287 AND LESS THAN .5 MILE SOUTH OF THE WYOMING BORDER

This is a request to name a total of 10 streets that serve approximately 6 square miles near the Wyoming border. Mr. Helmick stated the following names are proposed 1. Pasque Flower Lane, 2. Cap Rock Road, 3. Snag Pine Way, 4. Raspberry Way, 5. Windwhistle Place, 6. Perseus Way, 7. Harrier Lane, 8. Sky View Lane, 9. Weaver Ranch Road, and 10. Paw Print Lane. Mr. Helmick stated that an alternative, Two Bears Road, has been suggested for road #10 and that there is no objection. Sparks Run Road has been suggested for road # 4, Mr. Helmick continued, however, not all residents support the alternative.

At this time the hearing was opened to the public and Mr. Carl Price noted the Mr. Snyder, who objects to Sparks Run Road, is a property owner but does not reside at the property. Mr. Price stated the other area residents' serviced by road #4 and are year-round residents and support Sparks Run Road.

Ms. Sheila Baker, the applicant, clarified that Mr. Snyder is not in support of the alternative for road #4 because it is a nickname for Mr. Price.

Mr. Charles Baker stated that he prefers no personal relationship to the road naming.

Mr. Paul Matosky requested that road #10 be named Two Bears Road and noted that staff is "OK" with that suggestion.

At this time the hearing was closed to the public and Commissioner Gibson asked if Sparks Run Road is tied to a property owner. Mr. Price stated that "Sparks" is his nickname. Commissioner Rennels noted that she prefers not naming roads after citizens; Chair Bender concurred.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following road names for Meadowbrook Ranch: 1. Pasque Flower Lane, 2. Cap Rock Road, 3. Snag Pine Way, 4. Raspberry Way, 5. Windwhistle Place, 6. Perseus Way, 7. Harrier Lane, 8. Sky View Lane, 9. Weaver Ranch Road, and 10. Two Bears Road.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:20 p.m.

TUESDAY, JUNE 24, 2003

ADMINISTRATIVE MATTERS

(#180)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Kathryn Rowe, Purchasing Department; Stephen Gillette, Natural Resources; Candace Mayo and Tony Cooper, Habitat for Humanity; Tony Simons, Wildfire Safety Specialist; Melinda Keen, Donna Hart, and Deni La Rue, Commissioner's Office; George Hass and Linda Connors, County Attorney's Office; Gael Cookman, Clerks Office; Perry Malisani, Sheriff's Office; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. John Rust addressed the Board regarding how open space taxing is determined and that development should pay to improve roads which service the development.

2. DISCUSSION WITH OWNER OF EL CHABASCO RESTAURANT: Ms. Connors stated that the Board requested another review of this establishment 30-days ago and noted that there have been three additional DUI's over that 30-day period. Mr. Edward Gavaldon, attorney for the establishment, clarified the situation at El Chabasco and the improvements being made. Chair Bender asked if the record keeping and the availability of food has been addressed. Deputy Malisani stated that he has been very busy and has not done a bar check at the establishment since the last meeting. Ms. Connors stated that the Board has three-options: to schedule a show cause hearing, review in 30-days, or do nothing. The Board requested another 30-day review.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 16, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of June 16, 2003 as presented.

Motion carried 2 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 30 AND JULY 7, 2003: Ms. Hart reviewed the schedules with the Board.

5. 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 Aust; Columbine Medical Equipment; CT Enterprises LLC; and Fosse.

06242003A001 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NORTHEAST BEHAVIORAL HEALTH AND THE LARIMER CENTER FOR MENTAL HEALTH FOR USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES CHILD, YOUTH AND FAMILY SERVICES DIVISION

06242003A002 SUBSCRIBER AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PACIFICARE OF COLORADO FOR MEDICAL AND HOSPITAL GROUP INSURANCE

06242003A003 EMERGENCY SHELTER GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING

06242003R001 FINDINGS AND RESOLUTION APPROVING THE ABRAMS LAKE MINOR LAND DIVISION

06242003R002 FINDINGS AND RESOLUTION APPROVING STREET NAMING IN REDSTONE CANYON SUBDIVISION

06242003R003 FINDINGS AND RESOLUTION APPROVING REQUEST TO NAME A STREET ALEX PLACE

06242003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CARTER LAKE VALLEY LOTS 1 & 2, BLOCK 1

06242003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN LEVI ACRES LOTS 1 & 2

06242003R006 FINDINGS AND RESOLUTION APPROVING THE PROMATS COMMERCIAL CONDOMINIUMS

06242003R007 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF RIGHT-OF-WAY EASEMENT IN X-BAR SEVEN, LOTS 17 & 18

06242003R008 FINDINGS AND RESOLUTION APPROVING THE BERNHARDT MINOR LAND DIVISION

06242003R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN FORT COLLINS INDUSTRIAL PARK LOTS 6 & 7

MISCELLANEOUS: CPA Medicaid Waiver Larimer County Department of Human Services Northeast Behavioral Health Larimer Center for Mental Health

LIQUOR LICENSES: The following license was approved and issued First Call Fort Collins- 3.2% Special Events Permit.

Motion carried 2 - 0.

6. REVISED PURCHASING POLICY AND PROCEDURES: Ms. Rowe briefed the Board regarding the minor revisions and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve Financial Policy and Procedure 300.1K Purchasing Policy and Procedures.

Motion carried 2 - 0.

06242003P001 FINANCIAL POLICY AND PROCEDURE 300.1K PURCHASING POLICY AND PROCEDURES

7. REVISED CAPITAL OUTLAY PROCEDURES: Ms. Rowe stated minor changes have been made to the procedure since last reviewed by the Board and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Financial Policy and Procedure 300.2K Capital Outlay Procedures.

Motion carried 3 - 0.

06242003P002 FINANCIAL POLICY AND PROCEDURE 300.2K CAPITAL OUTLAY PROCEDURES

8. DIVERSION OF REUSABLE MATERIALS FROM THE LARIMER COUNTY LANDFILL: Mr. Gillette requested approval of an agreement with Habitat for Humanity, which allows their staff to be at the landfill to inspect items to be "dumped" and ask citizens to donate them to Habitat instead.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve an agreement that allows Habitat for Humanity of Fort Collins to collect items prior to disposal from willing landfill customers during normal operating hours.

Motion carried 2 - 0.

06242003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HABITAT FOR HUMANITY OF FORT COLLINS FOR DIVERSION OF REUSABLE MATERIALS FROM THE LARIMER COUNTY LANDFILL

9. APPROVAL OF WILDFIRE SAFETY GRANT PACKAGE: Mr. Simons requested approval to accept $85,000 in Wildfire Safety Grant funds awarded to Larimer County to continue the Slash Disposal Program. The funds, Mr. Simons continued, requires a 100% match, which will accomplished with "in-kind" services. Mr. Simon also noted that community collection sites would now be charged a $500 fee and that landowners can now fill out an application for participation in the slash program on line.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the acceptance of $85,000 in Wildfire Safety Program Grant funds.

Motion carried 2 - 0.

06242003A005 PROJECT AWARD AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE

10. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen requested approval of the following citizens to the Rural Land Use Board Lesil Kunkle Ellis, Randy Mergler, and William Spencer all 3-year terms commencing July 1, 2003 and expiring June 30, 2006.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Rural Land Use Board as presented and outlined above.

Motion carried 2 - 0.

11. WORK SESSION: Mr. Gluckman stated that a work session has been scheduled with the Weld County Board of Commissioners and asked if there are any agenda topics. Chair Bender noted two topics CWD Incinerator and a regional shooting range. Commissioner Gibson asked that the closing of the interstate due to a traffic fatality be addressed.

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

13. LEGAL MATTERS: Mr. Hass requested approval to accept a commitment letter from FSA Insurance Company for Certificates of Participation.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve and accept a letter of commitment from FSA Insurance Company for Certifications of Participation.

Motion carried 2 - 0.

06242003A006 COMMITMENT LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FINANCIAL SECURITY ASSURANCE, INC (FSA) FOR MUNICIPAL BOND INSURANCE

There being no further business, the meeting adjourned at 10:40 a.m.

________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

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Jean M. O'Connor, Clerk to the Board