MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 7, 2003

LAND USE HEARING

No Audio Available

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Larry Timm, Al Kadera, Karin Knauf, Sarah Flick, Geniphyr Ponce-Pore, Sean Wheeler and Claudia DeLude, Planning Department; Doug Ryan, Health Department, Roxann Hayes and Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Mr. Helmick stated the applicant for Dixie Park Subdivision Amended Plat has requested the item be tabled to August 18, 2003 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table item #1 Dixie Park Subdivision Lots 25 - 39 Amended Plat and Right-of-Way Vacation to August 18, 2003 at 3:00 p.m.

Motion carried 3 - 0.

Chair Bender stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Steve Anderson requested item #10 be removed from the consent agenda.

  1. AMENDED PLAT OF LOTS 81 & 82, CRYSTAL LAKES 6TH, PLUS UTILITY EASEMENT VACATION: NE 1/4 1-10-74; IN CRYSTAL LAKES 6TH FILING, RED FEATHER

This is a request to combine two lots, and vacate the utility easement located on their shared property boundary. Staff recommendation is approval with the following condition and authorize the Chairman to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by January 7, 2004 or this approval shall be null and void.

3. AMENDED PLAT OF LOTS 35 & 36, PINEWOOD SPRINGS, 2ND FILING: NE 1/4 OF 32-4-71. ALONG HIGHWAY 36

This is a request to combine two small lots to create a better building site. Staff recommendation is approval with the following condition and authorize the Chairman to sign the plat when presented for signature 1.All conditions shall be met and the Final Plat recorded by January 7, 2004 or this approval shall be null and void.

4. AMENDED PLAT OF LOTS 19 - 22, 2ND ANNEX TO POUDRE PARK: SE 1/4 OF 2-8-71. ALONG HIGHWAY 14 IN THE POUDRE CANYON

This is a request to combine four lots into two lots to create better building sites.

Staff recommendation is approval with the following condition and authorize the Chairman to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by January 7, 2004 or this approval shall be null and void.

5. VIRGINIA DALE ESTATES STREET NAME CHANGE: PORTIONS OF SECTIONS 13 & 24, 11-71; JUST NORTHEAST OF HIGHWAY 287 AND APPROXIMATELY 5 MILES SOUTH OF THE WYOMING BORDER

This is a request to name a total of 5 streets that serve portions of Sections 13 & 24 (11-71) near the Wyoming border. Staff recommendation is approval.

6. AMENDED PLAT FOR LOTS 3 AND 4, YODER SUBDIVISION: WEST 1/2 SECTION 25, T 8 N, R 70 WEST, LARIMER COUNTY, CO, MORE SPECIFICALLY LOCATED JUST WEST OF THE TOWN OF BELLVUE, APPROXIMATELY 1/2 MILE NORTH OF THE INTERSECTION OF CR 25E AND 54G.

This is a request to amend the plat of Lots 3 and 4, Yoder Subdivision in order to combine two lots into one. Staff recommendation is approval with the following conditions and authorization for the Chairman to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 7, 2004 or this approval shall be null and void; 2. Technical corrections as requested by Larimer County Engineering shall be made prior to recordation of the plat.

7. AMENDED PLAT AND EASEMENT VACATION FOR CRYSTAL LAKES 7TH FILING, LOTS 54 AND 55 AND EASEMENT VACATION: NW 1/4 OF 7-10-73, MORE SPECIFICALLY IN THE CRYSTAL LAKES SUBDIVISION, APPROXIMATELY ONE MILE NORTH OF THE INTERSECTION OF CROW ROAD AND CREEDMORE LAKE ROAD

This is a request to amend the plat of Crystal Lakes for Lots 54 and 55 and vacate those easements located on the common lot lines between these lots in order to create one buildable residential lot. Staff recommendation is approval with the following conditions and authorization for the Chairman to sign the plat when presented for signature 1. The Final Plat shall be recorded by February 7, 2004 or this approval shall be null and void; 2. Technical changes to the plat, as requested by Dale Greer, must be made prior to recordation of the plat.

8. AMENDED PLAT FOR HIDDEN VIEW ESTATES AND EASEMENT VACATION: SE 1/4 OF SECTION 1, T 5 N, R 70 W, LARIMER COUNTY, MORE SPECIFICALLY LOCATED 1/4 MILE NW OF THE INTERSECTION OF CR 23H AND COUNTY ROAD 25, AT THE END OF ELEVADO COURT.

This is a request for an amended plat of Hidden View Estates, Lots 23-25; add a portion of an adjacent Exemption parcel; and vacate the easement located on the common lot line between the exemption and the Hidden View Lots 23 and 24. Staff recommendation is approval with the following conditions and authorization for the Chairman to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 7, 2004 or this approval shall be null and void; 2. A Use Agreement shall be recorded with the plat; 3. Technical corrections requested by Dale Greer must be made prior to recordation of the plat.

  1. AMENDED PLAT FOR WILD EXEMPTION, TRACT 1: SE 1/4 OF SECTION 1, T 5 N, R 70 W, LARIMER COUNTY, MORE SPECIFICALLY LOCATED 1/4 MILE NW OF THE INTERSECTION OF CR 23H AND COUNTY ROAD 25
  2. This is a request for an amend plat of Wild Exemption, Tract 1 in order to reconfigure the common lot line between Tract 1 of the Wild Exemption, and Lots 23 and 24 of Hidden View Estates. Staff recommendation is approval with the following conditions and authorization for the chairman to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 7, 2004 or this approval shall be null and void; 2. Technical corrections requested by Dale Greer must be made prior to recordation of the plat.

    MOTION

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

    Motion carried 3 - 0.

  3. HULL SUBDIVISION, PRELIMINARY PLAT: NW 1/4 18-04-69: SOUTH OF THE HERTHA RESERVOIR, ON THE NORTH SIDE OF COUNTY ROAD # 8E SOUTHWEST OF BERTHOUD

This is a request for a Preliminary Plat for Hull Subdivision to divide 10.38 acres into 3 lots for single-family residential use. Staff recommendation is approval with the following conditions 1. The Final Plat of the Hull Subdivision shall be consistent with the information contained in the file, #02-S1988 or as modified by conditions of approval; 2. The following fees shall be collected at the time of building permit for new single-family dwellings: the Thompson R2-J School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Before construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Subdivision; 4. The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice must include, but is not limited to; all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation. Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included; 5. The Final Plat will show a 60-foot dedicated right-of-way along the entire length of the site adjoining County Road #8E, and include an improved road of no less then 24-feet in width to provide access to Lots 1, 2 and 3 for the subdivision. The existing residential lot to the west of this site shall retain its current access; 6. The Final Plat will show a reconfiguration of Lots 1 and 3, which will allow for Lot 3 to have direct access to the internal subdivision road; 7. The applicant shall provide the updated plans and reports as noted by the County Engineering Department in their Staff Report dated December 23, 2002 to include; Preliminary Construction Plans for the internal subdivision road and access onto the County Road, and; Updated Drainage and Erosion Control Plans that correct the discrepancies noted and which provide the additional information as required; 8. The applicant shall conduct a burrowing owl survey as required by the State Division of Wildlife and provide the DOW with the results. An additional copy will be provided to the Planning Department for inclusion in the record.

Mr. Wheeler stated that the representative for the applicant has just requested a change in the configuration of Lot #3 as well as an appeal to the section of the Land Use Code, which requires publicly dedicated right-of-way.

Mr. Anderson, representative for the applicant, apologized for the 11th hour change and noted that after discussions with the fire department, the applicant would like to propose dedicating an easement at the common boundary line between lot 1 and 2 for use by the fire department. Mr. Anderson also stated that the applicant would provide an unimproved easement to the parcel to the west for future access and connectivity.

Chair Bender stated that the proposed changes seem major and Mr. Helmick suggested that the item be tabled to allow staff to consider the changes and to advertise the request for an appeal to the Land Use Code. Mr. Anderson concurred.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Hull Subdivision Preliminary Plat to August 18, 2003 at 3:00 p.m.

Motion carried 3 - 0.

11. ROBINSON ZONING VIOLATION: 39 RAMONA VIEW ROAD

This is an alleged violation of Land Use Code Section 4.1.5 : Outside storage is not a permitted use in the O-Open zoning district and Section 21.1.B: "It is unlawful to use real property...in a way that is inconsistent with the terms and conditions of any land use approval..."

Ms. DeLude stated that she just visited with the property owners for the first time and they have indicated that they believe the parcel could be cleaned up if allowed additional time. Ms. DeLude requested the item be tabled to August 18, 2003 at 3:00 p.m.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Robinson Zoning Violation to August 18, 2003 at 3:00 p.m.

Motion carried 3 - 0.

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

TUESDAY, JULY 8, 2003

ADMINISTRATIVE MATTERS

No Audio Available

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were George Hass, County Attorney; Carol Block and Terri Bryant, Finance Department; David DeZutter and Jodie Cates, Representatives from Grant Thornton, LLP; Brooke Walser, Assessor's Office; K-Lynn Cameron, Parks and Open Lands; Jim Drendel, Human Services; Sheriff Alderden, Lt. Palmer and Russell; Major Nelson and Smith, Sheriff's Department; Bob Keister, Donna Hart, Deni La Rue, and Melinda Keen, Commissioner's Office; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEKS OF JUNE 23 AND 30, 2003:
  3. MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of June 23, 2003 as presented.

    Motion carried 3 - 0.

    MOTION

    Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of June 30, 2003 as presented.

    Motion carried 3 - 0.

  4. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 14, 2003: Ms. Hart reviewed the schedule 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:

07082003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO YOUTH CORPS ASSOCIATION FOR THE USE AND BENEFIT OF LARIMER COUNTY YOUTH CONSERVATION CORPS

07082003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT AND THE ECONOMIC DEVELOPMENT COMMISSION

07082003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SANDRA E. BECK FOR EMPLOYMENT SEPARATION AND RELEASE

07082003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BRUCE C. CAMPBELL AND VICKI L. CAMPBELL FOR CONVEYANCE OF PERMANENT SLOPE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

07082003A005 EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NORTHERN COLORADO WATER CONSERVANCY DISTRICT ACTING BY AND THROUGH THE PLEASANT VALLEY PIPELINE PROJECT WATER ACTIVITY ENTERPRISE

07082003A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RANDALL J. MERGLER, THE SHEPPARD FAMILY TRUST, AND RISTVUE HOMEOWNERS ASSOCIATION FOR DEVELOPMENT AND RESIDUAL LAND USE RESTRICTIONS FOR WILDFLOWER RURAL LAND PLAN

07082003A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DURAN EXCAVATING INC OF GREELEY FOR INLET BAY IMPROVEMENTS (Project #8306)

07082003D001 DEED OF EASEMENT BY POUDRE SCHOOL DISTRICT IN FAVOR OF LARIMER COUNTY (Trail Easement)

07082003d002 DEED OF EASEMENT BY JAMES S. BRINKS IN FAVOR OF LARIMER COUNTY (Trail Easement)

07082003D003 DEED OF EASEMENT BY LEE F. McCONNELL TRUST AND MARY R. McCONNELL TRUST IN FAVOR OF LARIMER COUNTY (Trail Easement)

07082003D004 DEED OF DEDICATION TO LARIMER COUNTY BY PHILLIP RUSSELL AND EUGENIA WAHL FAMILY TRUST OF LARIMER COUNTY (Right-of-Way for PN251)

07082003R001 RESOLUTION TO ESTABLISH POLLING PLACES/ VOTING CENTERS

07082003R002 RESOLUTION FOR CONVEYANCE OF 75% OF INTEREST IN INDIAN CREEK TO THE CITY OF FORT COLLINS

07082003R003 FINDINGS AND RESOLUTION APPROVING AN AMEND PLAT IN GLEN HAVEN BLOCK 6

07082003R004 FINDINGS AND RESOLUTION APPROVING THE KNOLL APPEAL

07082003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF ACCESS EASEMENT IN LETITIA LAKES BLOCK 3, LOTS 1, 2, 6, AND 16 - 18

07082003R006 FINDINGS AND RESOLUTION APPROVING THE LEHMANN PRELIMINARY RURAL LAND PLAN

07082003R007 FINDINGS AND RESOLUTION APPROVING THE GARDELS MINOR LAND DIVISION

07082003R008 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT IN GARDELS MINOR RESIDENTIAL DEVELOPMENT LOTS 1 AND 2

07082003R009 FINDINGS AND RESOLUTION APPROVING THE RICHARD WARNER APPEAL

07082003R010 FINDINGS AND RESOLUTION APPROVING THE TWO LAKES SUBDIVISION APPEAL

07082003R011 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY AND DRAINAGE EASEMENTS IN CLYDESDALE PARK PLANNED UNIT DEVELOPMENT 1ST FILING, LOTS 9, 11 - 13

07082003R012 FINDINGS AND RESOLUTION APPROVING THE HERON POINTE MINOR LAND DIVISION

07082003R013 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN POUDRE PARK 2ND ANNEX

07082003R014 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN McCONNELL EXEMPTION

07082003R015 RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BOND IN THE PRINCIPAL AMOUNT OF $830,000 FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2001-1 (Fort Collins Industrial Park)

07082003R016 SUPPLEMENT TO FINDINGS AND RESOLUTION APPROVING WILDFLOWER RURAL LAND PLAN

07082003R017 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR WILDFLOWER RURAL LAND PLAN

07082003R018 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT (Westridge PID)

MISCELLANEOUS: Final Plat for Wildflower Rural Land Plan; Larimer Terminals Subdivision Lots 1 and 10, Block 3 Amended Plat; Amended Plat for Sweets Boundary Line Adjustment; Amended Plat for Glen Haven Subdivision Lots 8 and 16; Larimer County Works Intervention/ Failure to Cooperate Policy; and Larimer County Works Policy Manual Sanctions- Temporary Assistance Grant.

LIQUOR LICENSES: The following licenses were both approved and issued Red Feather Supermarket- 3.2%- Red Feather Lakes, CO; Supermarket Liquors- Retail- Fort Collins, CO; City Limit Liquor- Transfer of Ownership- Retail- Fort Collins, CO. The following licenses were issued Fort Namaqua Wine and Spirits- Retail- Loveland, CO and 287 Discount Liquors- Retail- Fort Collins, CO.

Motion carried 3 - 0.

5. EVENT CENTER PUBLIC SAFETY COORDINATOR: Major Nelson requested approval for a full time Lieutenant position for coordination of public safety at the Fairground and Events Complex, The Ranch, and associated equipment. Mr. Lancaster noted that this Lieutenant would also assist with special events throughout the County. Mr. Keister stated that once the Ranch is in full operation, many, if not all, of the expenses for this position would be billable to Global Spectrum or the event being held at The Ranch.

MOTION

Commissioner Rennels moved that the Board of County approve a full time Lieutenant to coordinate public safety and appropriate equipment at the event center.

Motion carried 3 - 0.

  1. PROPOSAL FOR EXPANSION OF ALTERNATIVE SENTENCING PROGRAM: Major Smith briefed the Board on the proposal and noted that Court officials and the district attorney have also been briefed and are in agreement with the proposal. Major Smith stated that the proposal would reduce backlog in the alternative sentencing program and may one day, assist with inmate transitioning to alternative sentencing. Sheriff Alderden stated that the proposal also reduces the immediate need for additional facilities.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the proposal for the expansion of the Alternative Sentencing Program.

Motion carried 3 - 0.

7. RESIDENTIAL TREATMENT CENTER WAIVER PROGRAM PLAN: Mr. Drendel stated that new State requirements regarding the program require the Board's approval and signature. Mr. Drendel noted that the plan is basically the same as the previous plan to assist children and their families.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Residential Treatment Center Waiver Program Plan as submitted.

Motion carried 3 - 0.

8. BOARD REVIEW OF THE 2002 FINANCIAL STATEMENTS: Mr. DeZutter summarized the audit of the 2002 financial statements provided by the Finance Department and noted that the County is in good standing. Mr. DeZutter also reviewed recommendations for improvement within County Departments

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the 2002 Comprehensive Annual Financial Report.

Motion carried 3 - 0.

9. ACCEPT DONATION OF HIDDEN VALLEY CONSERVATION EASEMENT: Ms. Cameron stated that the Open Lands Advisory Board has recommended acceptance of a donated conservation easement in Hidden Valley, Lot 2 and requested Board approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the donation of a 5.12-acre conservation easement at Hidden Valley.

Motion carried 3 - 0.

10. RESCIND APPROVAL OF PETITION FOR ABATEMENT FOR COLUMBINE MEDICAL EQUIPMENT: Ms. Walser stated that a petition for abatement for Columbine Medical Equipment was presented to the Board for approval on June 24, 2003, but that staff later realized that the petitioner had filed a protest for that year. Ms. Walser requested the Board rescind their previous motion.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve reversing the decision made on June 24, 2003 to approve an abatement for Columbine Medical Equipment schedule #P8263386 due to a protest filed the year requested.

Motion carried 3 - 0.

11. RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED: Mr. Lancaster stated the public notice would be posted at the Mountain Street entrance of the new Courthouse until such time as the Canyon Street entrance is available and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the resolution designating the public place in which notice is posted for meetings of the Board of County Commissioners.

Motion carried 3 - 0.

07082003R019 RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED FOR MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

12. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen requested approval for the following recommended appointments/reappointments (* denotes waiver of term limit): Agricultural Advisory Board: Brett Markham, Richard Seaworth and Dawn Thilmany- three-year terms commencing July 1, 2003 and expiring June 30, 2006. Estes Valley Board of Adjustment: Julia Lamy- term extension commencing July 1, 2003 and expiring October 1, 2003. Extension Advisory Committee: Henrique Barreto, Robert Knebl, *Robert Ryan, and Alberto Squassabia- three-year terms commencing July 1, 2003 and expiring June 30, 2003.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments and reappointments as presented and outlined above.

Motion carried 3 - 0.

13. SUPPLEMENTAL BUDGET APPROPRIATION FOR RECORDING DEPARTMENT: Mr. Lancaster stated that the recording department is receiving up to 1200 documents per day for recording and noted that the department is not staffed to handle the increased volume. Mr. Lancaster stated that the Clerk and Recorder is requesting an additional $225,000 be added to his budget to pay for temporary employees, overtime for regular employees and to assist with any needed facility issues. Mr. Lancaster further noted the Clerk is anticipating taking in an additional 2-million dollars over the course of the 2003 budget cycle.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the addition of $225,000 to the Clerk and Recorder's budget to offset the expense of the increased demand for service.

Motion carried 3 - 0.

14. ACCEPT FIRE PLAN AND AUTHORIZE CHAIR TO SIGN: Mr. Lancaster requested the Board accept and authorize the Chair to sign the Fire Plan discussed at last weeks work session.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Larimer County Fire Plan as presented and authorize the Chair to sign the memorandum of understanding between the Board of Commissioners, US Forest Service, Rocky Mountain National Park and the Colorado State Forest Service committing to mission and objectives contained in the plan.

Motion carried 3 - 0.

15. WORK SESSION: Mr. Lancaster stated that Jackson County is experiencing vehicle problems within law enforcement and has requested assistance. Mr. Lancaster stated the Larimer County is scheduled to send two Dodge 4 X 4's to auction, which are equipped for law enforcement and requested they be donated to Jackson County instead. The Board concurred.

Mr. Lancaster distributed a semi-annual credit card summary report to the Board as required by policy.

Mr. Lancaster stated that the Treasurer has requested $127 from the special project fund to assist with printing for the IACREOT Conference at the end of the month. The Board concurred.

Mr. Lancaster reminded the Board that most of the Senior Management Team would be going to Mesa County this week to "swap" ideas.

Mr. Lancaster provided the Board with the cost to appraise, remove and dispose of the mobile homes on the side of the road.

16. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

17. LEGAL MATTERS: Mr. Hass provided the Board with an update regarding the Gergler court case.

Ms. Phippen stated that the Building Department had issued a certificate of occupancy (CO) for a residence contingent upon the installation of a retaining wall. The CO, Ms. Phippen continued, has been revoked because the wall was never built, the residence has been foreclosed on and currently is owned by the bank. Ms. Phippen requested approval to begin the abatement process and to place a lien against the property. The cost to build the wall is estimated at $30 - $40 thousand dollars and the lack of the wall is causing damage to adjacent property.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the commencement of the abatement process and any other legal action required to correct the current situation.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:30 a.m.

LIQUOR LICENSE HEARING

Frank C. Lecato and Linda C. Higuera

dba

LECATO'S ITALIAN RESTAURANT

(No Audio Available)

The Board of County Commissioners met with Linda Connors, Assistant County Attorney; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gael Cookman, Clerks Office and Jean O'Connor, Recording Clerk.

Ms. Connors requested the applicants be sworn in and asked if they had a petition and pictures of the notice posted regarding this hearing. Ms. Higuera submitted the documents as exhibits. Ms. Connors asked what steps the applicants have taken to prepare for the issuance of a liquor license. Ms. Higuera stated that they have requested a State Liquor Code Book, have scheduled training with the Loveland Police Department and have hired an experienced bartender. Ms. Connors noted for the record that there is no public present for this hearing. Chair Bender stated that there are responsibilities associated with holding a liquor license and Ms. Higuera concurred noting personal family tragedy associated with the affects of alcohol and driving.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the application for a Hotel & Restaurant Liquor License to Frank C. Lecato and Linda C Higuera and authorize the Chair to sign the issued license upon receipt from the State.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:15 p.m.

THURSDAY, JULY 10, 2003

WESTRIDGE PUBLIC IMPROVEMENT DISTRICT #24

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

Mr. Burns stated the purpose of the hearing is for the Board to consider ordering an election for the formation of the Westridge Public Improvement District #24. Mr. Burns noted that area residents circulated a petition regarding the formation of the district, and 67% signed in favor with a few exceptions. The funds collected from the assessment, Mr. Burns continued, would establish a "sinking fund" for future street improvements and continued street maintenance as needed. Ms. Sanders read a letter from Peter and Cathy Ulrich in support of the district.

Mr. Ron Carey, area resident, stated the assessment would assist with street up keep, which in turn would keep homes values up. Mr. Carey stated that all property owners were notified in advance of the petition circulation, and requested support from the Board to place the district on the November ballot.

Mr. Lee Evans noted that the current homeowner association dues, $250 per year, are used for routine maintenance such as a seal coat when needed. The funds derived from the assessment would be kept separate but also used for street improvements and/or other needs within the subdivision.

Ms. Charlotte West asked what happens to the fund if/when the City annex's the area and Mr. Burns noted that the fund would remain and the City would have no access to it.

Mr. Dan Yosacki asked what the mill would be and Ms. Sanders replied that 9.358 mills are the maximum allowed.

Commissioner Rennels stated that the momentum regarding the formation of the district is rolling and reminded residents that they now need to remember to vote in November. Mr. Evans agreed and noted that the homeowner's association is considering changing their regular meeting to more closely coincide with the election and get residents "fired-up".

Mr. Bill Fargo stated that the homeowner's association has taken a neutral position regarding the district and clarified that the current annual fees would remain the same.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a resolution to approve a petition for the organization of the Larimer County Westridge Public Improvement District #24.

Motion carried 2 - 0.

07102003R001 RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY WESTRIDGE PUBLIC IMPROVEMENT DISTRICT #24

Ms. O'Connor stated that a resolution regarding the Fort Collins Industrial Park Local Improvement District was approved during Administrative Matters this past Tuesday. However, the Bond Purchase Agreement and other related documents were not approved due to an oversight and requested the Board approve said documents.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Bond Purchase Agreement and related documents for the Larimer County Local Improvement District #2002-1: Fort Collins Industrial Park.

Motion carried 2 - 0.

07102003A001 BOND PURCHASE AGREEMENT FOR SPECIAL ASSESSMENT BONDS FOR LOCAL IMPROVEMENT DISTRICT #2001-1: Fort Collins Industrial Park

There being no further business, the hearing adjourned at 7:00 p.m.

_______________________________

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