MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 17, 2001

LAND USE HEARING

(#87)

The Board of County Commissioners met with Larry Timm, Director of Planning at 3:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sarah Flick and Doug Ryan, Environmental Planners; Matt Lafferty, Planner II; Rob Helmick, Senior Planner; Karin Knauf, Planner I; Roxann Hayes, Senior Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels stated the following items are consent and will not be discussed unless requested by the Board or members of the audience. Mr. Lafferty clarified that item #5 does not include a rezoning; Chair Rennels requested item #3 be removed from consent and Mr. Helmick stated item #7 should not be on the consent agenda.

  1. PHILLIPS PRELIMINARY RURAL LAND PLAN: Removed from the agenda at the request of the applicant.

2. GUERRERO MINOR LAND DIVISION: NW 1/4 OF SECTION 19, TOWNSHIP 6N, RANGE 68W; LOCATED ALONG SOUTH SIDE OF CR 32, 1.25 MILES EAST OF HIGHWAY 287.

This is a request to split a 39.7 acre, metes and bounds parcel. The split will create one lot with an existing house, plus a vacant lot in reserve for future development. Staff recommendation is approval of the Guerrero Minor Land Division.

4. SOLDIER CANYON ESTATES 1ST FILING LOTS 1 & 2 AMENDED PLAT: NE 1/4 OF SECTION 11, TOWNSHIP 7, RANGE 70 WEST & NW 1/4 OF SECTION 12, TOWNSHIP 7, RANGE 70 WEST; APPROXIMATELY 1/2 MILE WEST OF COUNTY ROAD 25G, ON JACKPINE DRIVE.

This is a request for an amended plat to separate two dwellings currently on Lot 2. The guesthouse will be on Lot 1 and the applicants main house is on Lot 2. Staff recommendation is approval of the proposed Soldier Canyon Estates 1st Filing Lots 1 & 2 Amended Plat with the following conditions 1. An easement shall be granted to the owner of Lot 2 allowing the existing septic system on Lot 1 to serve the house on Lot 2 until such time as the structure on Lot 2 is converted to a residence; 2. Prior to issuance of a residential building permit for Lot 1, a new septic system shall be installed on Lot 2 to serve the existing house; 3. Prior to occupancy of a residence on Lot 1, the structure shall be property connected to the existing septic system on that lot; 4. In accordance with the Water District's requirements, separate water taps must be obtained prior to converting the structure on Lot 1 to a residence; 5. The applicant shall comply with the Engineering Department requirements as noted in the memo of 8/15/01 from Dale V. Greer, Professional Land Surveyor; 6. Prior to occupancy of a residence on Lot 1 the applicant shall satisfy all Building Code requirements for both Lots 1 & 2.

5. PRELIMINARY PLAT FOR CLYDESDALE PARK 2ND FILING - PHASES 3, 4, & 5: NE 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED ON THE SOUTH SIDE OF HIGHWAY 14 (MULBERRY ROAD) APPROXIMATELY 1/4 MILE WEST OF COUNTY RD 5

This is a request for an Appeal to the Urban Road Standards, and Preliminary Plat approval for the 2nd Filing - Phases 3, 4, and 5 of the Clydesdale Park PUD Master Plan. This preliminary plat will consist of 132 single-family dwelling units situated on 45.41 acres with 12.58 acres of open space. Staff recommendation is approval of the appeal request to the Urban Road Standards as outlined in the submittal material for Clydesdale Park PUD 2nd Filing (file # 01-S1754). A. The Urban Road Standard for phases 3, 4 and 5 of the Clydesdale Park PUD 2nd Filing will be consistent with those approved for the 1st Filing. The applicant shall create a transition from the past standard to the current standard along Brenton Drive, all of which must occur within the development and be approved by the Engineering Department before the recordation of the final plat. Staff recommendation is approval of Clydesdale Park PUD 2nd Filing (file # 01-S1754) subject to the following conditions 1. The Final Plat shall be completed in strict compliance with the conditionally approved Master Plan for Clydesdale Park PUD, as well as the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 2. Building envelopes for the lots within this development will be illustrated or noted on the final plat; 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 4. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 5. Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, Poudre Fire Authority, ELCO Water District and Boxelder Sanitation District before the Final Plat is recorded; 6. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 7. The applicant is responsible for the requirements for Poudre Fire Authority as outlined in the memo from the Poudre Fire Authority, dated May 1, 2001; 8.

The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated April 27, 2001.

6. REZONING AND PRELIMINARY PLAT FOR VISTA GRANDE PLANNED DEVELOPMENT: NE 1/4 OF THE NE 1/4 OF SECTION 15, T7N, R68W - LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 14 AND COUNTY ROAD 5

This is a request for Rezoning from FA-1 (Farming) to PD (Planned Development) to allow a residential development with a gross density of 2 dwelling units per acre, and Preliminary Plat approval for the Vista Grande Planned Development, which will consist of 63 single-family residential lots on a 38.4 acre parcel. The development will include 5.4 acres of private open space. Staff recommendation is approval of the Vista Grande Planned Development and Rezoning application, file #00-S1638, from FA-1 (Farming) to PD (Planned Development) subject to the following conditions 1. Development of the Vista Grande PD shall be consistent with the Preliminary Plat as found in file #00-S1638, and the following criteria: PD (Planned Development)

1. Principal Uses

    1. Single Family Dwelling
    2. Group Home for the Developmentally Disabled
    3. Group Home for the Elderly

2. Lot, Building and Structure Requirements

    1. Minimum lot size shall be 8,000 square feet per lot
    2. Maximum Development Density shall be 2.0 dwelling units per acre base upon gross acreage.
    3. Minimum setbacks

a. Front yards refer to Section 8.17 ( Supplementary Regulations for Setbacks from Highways and County Roads). The setback from an interior subdivision road or established public or private road must be 45 feet from the property line.

b. Side yards - 5 feet

c. Rear yards - 20 feet

    1. Maximum Structure Height shall be 40 feet.

3. No parcel can be used for more than one principle building; additional buildings on a parcel are allowed if they meet the Accessory use Criteria in Subsection 4.3.10 of the Larimer County Land Use Code.

Staff recommends approval of the preliminary plat for the Vista Grande PD (file # 00-S1638) subject to the following conditions 1. The Final Plat shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 2. Building envelopes shall be illustrated on all the lots on the final plat or building setbacks shall be listed on the final plat; 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 4. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 5. Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, Poudre Fire Authority, ELCO Water District and Boxelder Sanitation District before the Final Plat is recorded; 6. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 7. The applicant is responsible for the requirements for Poudre Fire Authority as outlined in the memo from the Poudre Fire Authority, dated May 14, 2001; 8. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated April 16, 2001; 9. The applicant is responsible for the requirements of the County Health Department as outlined in the memo from the Larimer County Health Department, dated April 24, 2001; 10. The applicant shall relocate lots 14 and 15 to the open space area next to lot 63; 11. The applicant shall adjust the lot lines between lots 31 & 32 and 33 & 34 to avoid non-conventional lot configurations; 12. The County will collect the normal Transportation Capital Expansion Fee (both regional and county), payable at the time of issuance of building permits within the development; 13. Traffic generated by Waterdale, Clydesdale, Trails at Vista Bonita, and Vista Grande developments may trigger the requirement for a traffic signal at the intersection of Clydesdale Parkway/Camino del Mundo and SH 14: a. The County will, in consultation with the Colorado Department of Transportation and based on established traffic engineering criteria, determine when the traffic signal is required; b. The applicant agrees to participate in the cost of the traffic signal, with the extent of such participation proportionate to the amount of traffic generated by the development at full buildout relative to the traffic generated by the three other developments at full buildout; c. The applicant further agrees that when 50 percent of the proposed new dwelling units have been constructed in the development, the applicant will establish an escrow account for the development's proportionate share of the cost of the traffic signal. The applicant agrees to pay $430 per lot towards the traffic signal (at 59 lots = $25,370); d. If the traffic signal requirement has not been triggered and the signal has not been constructed two years after full buildout of the development or ten years after approval of the final plat, whichever time period is longer, the funds for the traffic signal in the escrow account will be returned to the applicant.

M O T I O N

Commissioner Gibson moved that the following items be approved as presented one the consent agenda and outlined above Guerrero Minor Land Division #01-S1821; Soldier Canyon Estates 1st Filing Lots 1 & 2 Amended Plat #01-S1826; Clydesdale Park Preliminary Plat Planned Development #01-S1754; and Vista Grande Preliminary Plat Planned Development and Rezoning #00-S1638.

Motion carried 3 - 0.

3. MANLEY STREET NAME CHANGE: PORTIONS OF 15, 22, 23, 26 &27-5-71, QUILLAN GULCH RANCH OFF COUNTY ROAD 18E.

This is a request to name unnamed roads off West County Road 18E either Quillan Gulch Road, Quillan Park Road or Quick Silver Road. Staff finding is that unique street names are important and needed to accommodate addressing of each dwelling and for emergency response. Staff recommendation is to approve the request to name the private roads off County Road 18E, in Quillan Gulch Ranch, the names of Quillan Gulch Road and Quick Silver Road as presented.

Ms. Knauf stated that some residents are not in favor of naming the "spur" off the main road "Quick Silver Road" and explained the standards for LETA, the Emergency Telecommunication Authority.

Mr. Gary Manley, applicant stated that the county requested the streets be named in order to receive a building permit. Mr. Manley noted that there would not be any road signs, so what difference does the name make. Commissioner Gibson stated that the name would show on a GPS signal.

Mr. Robert Armstrong, area resident stated the if the short "spur" is renamed, emergency response personnel would not know where to go.

Ms. Brenda Armstrong noted her preference for a 5-digit address as oppose to a 2-digit.

Mr. Greg Mahonan suggested both the road and the spur refer to Quillan Gulch i.e. one be named Road and the other Trail.

At this time the hearing was closed to the public and Commissioner Gibson asked why the applicant could not apply for a derivation of Quillan Gulch. Mr. Helmick stated that in an emergency situation, the suffix is usually dropped.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Manley Street Name Change to be Quillan Gulch Road and Court.

Chair Rennels suggested a friendly amendment to allow staff and the area residents to choose the other name; Commissioner Bender agreed.

Motion carried 3 - 0.

7. WATERDALE STREET NAME CHANGE: 15-07-68; THE WATERDALE MOBILE HOME PARK (SUNFLOWER)

The owner of the Mobile Home Park is requesting that the individual streets in the Waterdale MHP receive names to allow for individual addressing of the sites. Staff recommendation is to approve the names proposed for the Waterdale MHP with the following condition 1. The applicant will need to provide one additional name that can be cleared through the Inventory for the southern leg of what is now Sunchase Drive and provide that name prior to the Board of County Commissioners adoption of the resolution establishing the names.

Mr. Helmick explained that the current county policy is to give mobile home parks one street name and number and each individual lots be noted within that address.

Mr. Paul Gallenstein, the applicant stated that the Special Review for a Mobile Home Park was originally submitted with internal street naming but that staff disagreed. Park residents, Mr. Gallenstein continued are now requesting the internal streets be named for a more efficient response from emergency personnel, deliveries and visitors. Mr. Gallenstein read three letters from residents in favor of naming the internal streets for the record.

Mr. Robert Couchon, resident noted that there is a major difference between mobile home parks and modular homes and that the homes in Waterdale are placed on permanent block, which don't allow the owner to just back up, hitch up and drive off. Mr. Couchon noted current health concerns and stated that if/when emergency personnel are needed again, he did not want them spending time looking for his home.

Commissioner Gibson asked if the individual units had wheels on them and Mr. Couchon said no and that steel is fastened to concrete foundation.

Mr. Luke Emmanual, resident of 4517 E Mulberry stated that there is a sign at this location with a "show home". Mr. Emmanual stated that he has had an emergency in the past for which emergency personnel did not locate his home and he had to call his son.

Mr. L.R. Joe Hamilton stated that deliveries are a problem also in that they too can not locate individual homes.

Mr. Craig Harp stated that many people go to the real mobile home park located directly across on the north side of Mulberry. Mr. Harp also agreed with previous statements and noted that something must be done before something happens to someone because emergency personnel could not respond.

Commissioner Bender asked how the proposal was named if it is not a mobile home park and Mr. Gallenstein stated that Waterdale provides a long term lease per lot and the each modular is placed on permanent foundations in an effort to provide affordable housing for seniors. Mr. Helmick stated that the regulations do not differentiate between mobile and modular and that the original application was processed as a special review not subdivision.

Much discussion ensued regarding the following options available to the Board 1. Consider this a unique situation and name the individual internal streets; 2. Allow staff to make suggestions and work with the applicant toward compliance with LETA standards; 3. Decide not to address mobile home parks in the future.

Commissioner Bender stated the situation is probably unique and that if confusion exists at this location, perhaps there is a problem elsewhere.

Chair Rennels stated that no matter where a person lives they should have an address.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Waterdale Street Name Change #01-S1828 as outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:10 p.m.

LAND USE HEARING

(#88 & 89)

The Board of County Commissioners met with Rob Helmick at 6:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Mark Peterson, County Engineer; Traci Downs, Civil Engineer; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. NORTH TAFT HILL EXPANSION SPECIAL REVIEW: 33-08-69; ON THE WEST SIDE OF COUNTY ROAD 19, TAFT HILL ROAD 1/2 MILE SOUTH OF COUNTY ROAD 54G.

This is a request for approval of a special review for sand and gravel mining on 51 acres. Staff recommendation is approval with the following conditions 1. The operation of the North Taft Hill Expansion Site shall be as described in the application materials and the supplemental information provided by the applicant as attached to this report, unless modified by these conditions of approval; 2. Saturday operations shall not occur; 3. The approval of this application is strictly for an unlined/unsealed pond as the reclamation use of the site. Any change in the character of this pond will require an amendment to the Special Review; 4. The applicant shall operate consistent with ground water protocol and supplemental information and the applicant further commits to binding arbitration if disputes arise with respect to ground water impacts; 5. The applicant must pay the Capital Transportation Expansion Fee prior to shipping any material from this site; 6. The final landscape plan must be approved by County Staff and installed prior to operations at the site; 7. The applicant shall be subject to the conditions as outlined in the memo dated May 4, 2001 from Doug Ryan, Department of Health and Environment; 8. No mining operations or related activities shall occur on this site prior to November 1, 2003; 9. The County shall assume no direct role in the mediation of ground water disputes. The Ground Water Protocol shall serve as the guidance document in resolving disputes between all affected interests. The record keeping and information required in the ground water Protocol shall be conducted as described in the file record.

Mr. Helmick stated the major concern of area residents is that groundwater has already been affected by the previously approved Stegner Pit, and that if the Board approves this expansion, matters would only get worse.

Commissioner Gibson asked if dust mitigation has been addressed and if the site is within the Floodplain. Mr. Helmick stated the site is not in the Floodplain and that complaints had been received regarding dust from another site, but staff believes that concern has been addressed.

Ms. Mary Harnett, representative for the applicant explained the layout of the proposed expansion and noted that the expansion is to sustain the current operation, but that this proposed site would not be utilized until the current site is completely mined. It is expected, Ms. Harnett continued, that the proposed site would not be mined for at least 2-years and not more than 5-years. Ms. Harnett stated that the applicant has addressed neighborhood concerns regarding groundwater and that the applicant anticipates that they would be directly involved with the monitoring of and mitigation of any problems. Ms. Harnett noted that the applicant has submitted a groundwater protocol, which includes the establishment of groundwater baselines being established over the next two years.

Dr. Bill Martin, area resident for 25+ years reiterated that groundwater is a concern and adverse affects on wells has already been affected by the Stegner Pit. Dr. Martin noted that the 2-year baseline study should take this into consideration and asked what the quantitative affect would be on forage. Commissioner Bender asked how Dr. Martin's well has been affected and Dr. Martin replied that he has had a pond on his property since he bought the property, and that the pond is currently dry for the 1st time in 25-years and all the fish are dead.

Mr. Mike Keegan stated that if concerns regarding groundwater had been addressed at the time of the Stegner Pit hearing, he wouldn't he present tonight. Mr. Keegan noted that he does not want double trouble.

Mr. Bill Seaworth stated that the applicant, LaFarge, has always been a good neighbor and easy to work with and suggested the Barrow Pit should be addressed with respect to drainage.

Ms. Toni Lueuck stated concern with the establishment of baselines at this time since the Stegner Pit already affects levels and requested staff address the Stegner problem now and prior to the start of any monitoring. Mr. Lueuck further noted that the lack of groundwater has had an affect on pasture grasses for her horses and that, for the first time, she had to purchase feed.

Ms. Marian Flood agreed with groundwater concerns, noted that LaFarge is a good neighbor, and that the protocol is probably not perfect but would work.

Dr. Martin asked if the applicant's reclamation plan is changed to include lining of the ponds, would another special review hearing be held. Commissioner Gibson asked why Dr. Martin was requesting lining of the ponds. Dr. Martin noted that he is against lining of the ponds since a lining would be like installing a damn thereby affecting the flow of water.

At this time the hearing was closed to the public and Ms. Harnett rebutted by first clarifying that this proposal and the applicant have no ties or relationship with the Stegner Pit. Ms. Harnett stated that the approximate timeframe to construct the retaining ponds would be about 1 to 11/2 months and that groundwater monitoring would continue during this construction. The currently permitted area would be completely mined and much of the reclamation completed prior to the start of operations at this site. The success of the monitoring and mitigation of groundwater levels depends on continued communication with residents. Finally, Ms. Harnett noted that the establishment of a baseline is necessary at this time and that the applicant should not be required to wait for the adverse affects from the Stegner Pit to be addressed.

Commissioner Gibson expressed concern with the existing adverse affects on groundwater and requested staff contact Stegner and get mitigation started.

Much discussion ensued regarding conditions of approval regarding groundwater for this application and how they are influenced by the adjacent Stegner Pit.

Chair Rennels inquired as to Saturday operating hours and Commissioner Bender noted they should be the same as the Stegner Pit.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the North Taft Hill Expansion Special Review as presented and with amendments as outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:40 p.m.

TUESDAY, SEPTEMBER 18, 2001

ADMINISTRATIVE MATTERS

(#90 &91)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Jill Bennett, Senior Planner; Ralph Jacobs, Director of Human Resources; Kate Tremblay, Director of Risk Management; George Hass, County Attorney; Deni La Rue, Community Information Manager; K-Lynn Cameron, Open Lands Manager; Jerry White, Engineering; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 10, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of September 10, 2001 as presented.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 24, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of September 24, 2001 as presented.

Motion carried 2 - 0.

Invitations: Ms. Hart reviewed pending invitations.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for September 18, 2001:

ACTION ITEMS: Approve authorization for Frank Lancaster, County Manager, to sign the Statement of Grant Award for the Juvenile Accountability Incentive Block Grant: Larimer County Division of Health & Human Services; Approve changing the hearing date for creating the Fort Collins Industrial Park Local Improvement District.

C01-40 COMMUNITY FOOD AND NUTRITIONAL PROGRAM CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

R01-151s FINDINGS AND RESOLUTION APPROVING THE AMENDMENT TO THE PRELIMINARY PHASE PLAN OF WESTCHASE PLANNED UNIT DEVELOPMENT

R01-152s FINDINGS AND RESOLUTION GRANTING THE DOUGLAS FARM EXEMPTION

R01-153s FINDINGS AND RESOLUTION APPROVING THE WARNER PRELIMINARY RURAL PLAN

R01-154s FINDINGS AND RESOLUTION APPROVING THE FOREVER FARM MINOR LAND DIVISION

R01-155s FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENT IN FLOYD HICKS SUBDIVISION

R01-156g RESOLUTION ADOPTING WILDFIRE HAZARD MAPS AS A TECHNICAL SUPPLEMENT TO THE LARIMER COUNTY LAND USE CODE

MISCELLANEOUS: Amended Plat of Lots 25-27 Replat of a portion of Venner Ranch Estates 2nd; Fairbanks/Boulter Minor Subdivision and Boundary Line Adjustment; Carlson Minor Land Division; and Amended Brownwood Exemption.

LIQUOR LICENSES: The following licenses were issued Charco Broiler- 6%- Fort Collins, CO; Gonzalo's Spanish Manor- 6%- Fort Collins, CO; and Fossil Creek Conoc0- 3.2%- Fort Collins, CO.

Motion carried 2 - 0.

5. RESOLUTION CONCERNING THE SEPTEMBER 11, 2001 TERRORISTS ACTIONS AND SUPPORTING THE PRESIDENT OF THE UNITED STATES: Mr. Gluckman stated that the proposed resolution condemns the terrorist actions, encourages support for the President of the United States, and recommends that the citizens of Larimer County support relief efforts in any way appropriate.

M O T I O N

Commissioner Bender read the proposed resolution for the record and moved that the Board of County Commissioners approve the resolution concerning terrorist actions and supporting the President of the United States.

Motion carried 2 - 0.

R01-157g RESOLUTION CONCERNING THE SEPTEMBER 11, 2001 TERRORISTS ACTIONS AND SUPPORTING THE PRESIDENT OF THE UNITED STATES

6. SEPARATOR STUDY POLICY COMMITTEE: Ms. Bennett stated that the project includes Timnath, Windsor, and Fort Collins and requested one commissioner commit to being involved. Commissioner Bender volunteered; Consensus of the Board is for Commissioner Bender participate on the Separator Study Policy Committee.

7. WAIVER OF HIRING POLICY IN HUMAN RESOURCES: Mr. Jacobs stated that the staff services manager for Human Resources is retiring and an existing employee would like the position. Mr. Jacobs noted that it is vital to Human Resources to retain this employee and requested Chapter II be waived.

M OT I O N

Commissioner Bender moved that the Board of County Commissioners approve waiving Chapter II of the Larimer County Personnel Policy Manual to permit the Human Resources Department to transfer Linda Illum into the Staff Services Manager I position.

Motion carried 2 - 0.

8. OCCUPATIONAL HEALTH SPECIALIST POSITION IN RISK MANAGEMENT: Ms. Tremblay stated that this position has been advertised twice and that starting wages are not competitive to retain qualified candidates. Ms. Tremblay noted that a candidate has been selected recently, and requested Board approval to hire Heather Prochaska at a salary of Grade 162, Step 9.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the hiring of an Occupational Health Specialist, Heather Prochaska at a salary of Grade 162, Step 9.

Motion carried 2 - 0.

9. WORK SESSION: None

10. COMMISSIONER REPORTS: Commissioner Bender noted attendance at the Extension Advisory Board meeting and Guardian Angles Open House in LaPorte with Chair Rennels. Chair Pro-Tem Gibson noted his participation in a work session with the Planning Commission; Fairgrounds presentation to donors; and that he had visited with water districts.

11. LEGAL MATTERS: Mr. Hass discussed options available to the Board regarding the liquor license renewal for The Fargo County Roadhouse. Lt. Palmer stated that the 18 & over nights at the Fargo creates a venue for criminal activity and referred the Board to the 29 incident reports received since last discussions with the owners of Fargo. Discussion ensued regarding options to eliminate 18 and over nights.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners schedule a renewal hearing for the Fargo County Roadhouse.

Motion carried 2 - 0.

Ms. Cameron discussed negotiations for Fossil Creek Reservoir and Commissioner Gibson asked staff to pursue the possibility of purchasing an easement along the south and eastern sides of the reservoir.

Commissioner Bender stated that the Fossil Creek Area Plan calls for a viewing structure and asked how this is anticipated without a lease. Ms. Cameron stated that there would be no structure without a lease and that staff would have to reconsider that portion of the plan. Ms. Cameron stated that staff would pursue conversations with North Poudre Irrigation Company regarding an easement purchase.

EXECUTIVE SESSION (#92)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:25 a.m. for negotiations as noted in C.R.S. 24-6-402(4)(e).

Motion carried 2 - 0.

Executive session ended at 10:45 a.m.; no action was taken.

_________________________________

KATHAY RENNELS, CHAIR

COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board