PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JULY 7, 1997
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Pro-Tem Olson presided and Commissioner Clarke was present. Also present were: Jerry White, Right-of-Way Agent; Keith Schuett, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
Chair Pro-Tem Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Schuett read into the record a modification to condition of approval #5 for the Abbey of St. Walburga item, as recommended by staff; he noted that this modification has been discussed with the applicant and they have agreed to the modification.
1. OLD HIGHWAY 185 VACATION OF RIGHT-OF-WAY: SECTION 35-11-68;
LOCATED BETWEEN I-25 AND COUNTY ROAD 5, 12 MILES NORTH OF
This is a request to vacate a portion of right-of-way of Old Highway 185 (Fort Collins to Cheyenne. Staff findings include: 1) No objections have been indicated to the request from affected property owners, utility providers, or interested public agencies; 2) Vacation of the right-of-way will not diminish access to other properties in the area; 3) There is no need to maintain this right-of-way in the public ownership. The staff recommendation is for approval of the request to vacate the public right-of-way for old Highway 185, within Section 35-11-68, with the condition that a legal description be provided by the applicant for the area to be vacated.
2. ABBEY OF ST. WALBURGA SPECIAL REVIEW (#97-ZR0970):
PART OF SECTION 4, 5, 8 AND 9, ALL IN TOWNSHIP 11 NORTH,
RANGE 71 WEST OF THE 6TH P.M. IN LARIMER COUNTY - 6 MILES
NORTH OF VIRGINIA DALE CAFE, WEST OF AND ADJACENT TO
HIGHWAY 287; 253.17 ACRES; O-OPEN ZONING
This is a request for Special Review for a 32,500 square foot monastery religious retreat and associated uses on 253 acres; temporary structures to include a mobile home and a modular living facility. Staff findings are: 1) The proposal is in compliance with the intent and purposes of the Comprehensive Zoning Resolution. The Zoning Resolution identifies religious retreats and similar uses as uses allowed by Special Review; 2) The proposal complies with the intent and purpose of the Comprehensive Master Plan. The applicant has demonstrated the ability to provide adequate services and demonstrated that the proposed intensity of use is appropriate to the location. The proposed development is retaining the open rural character of the area and avoids hazard areas to the greatest extent possible; 3) With the attached conditions and standards, the proposal will have the least effect on the surrounding area; 4) The proposal will not impair the public health, welfare, prosperity, and safety of the area by not creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities or any foreseen environmental influences in the area.
The Planning Commission/Staff recommendation is for approval of the Abbey of St. Walburga Special Review, with the following conditions: 1) Development and uses within the Special Review area shall be limited to only the uses described in the application materials and shown on the application site plan, except as modified by the following conditions; 2) Prior to the issuance of building permits, evidence shall be submitted to Larimer County Planning Department that an access permit has been approved by the State High Department for the proposed uses; 3) To prevent any nuisance conditions within the area or with wildlife, trash and garbage shall be stored either inside of a building or a chain link enclosure; 4) Feeding of wildlife shall not be permitted or encouraged; 5) Prior to the issuance of building permits for phase two construction within the Special Review area, a copy of a detailed fire protection plan, prepared by a registered fire protection engineer shall be submitted to the Larimer County Planning Department and incorporated into and become part of this Special Review file. The plan shall include but not be limited to fire protection of all structures, the Special Review area, potential wild fires and include defensible space around all buildings; 6) Prior to starting the use or construction of the cemetery or mausoleum, the Larimer County Health Department shall approve a design and operation plan for this use. A copy of this design and operation plan approved by the Larimer County Health Department shall be submitted to the Larimer County Planning Department and incorporated into this Special Review file; 7) Prior to the issuance of building permits for any part of the public community water system as defined under the Colorado Primary Drinking Water Regulations, plans for the water system shall be approved by the Larimer County Health Department and the State Department of Public Health and Environment. A copy of the approved public community water system plan shall be submitted to the Larimer County Planning Department and incorporated into this Special Review file; 8) Prior to the start of phase one construction, a septic permit shall be approved by the Larimer County Health Department. All other sewage disposal system designs shall be approved jointly prior to construction by the Larimer County Health Department and the State Department of Public Health and Environment; 9) Prior to the issuance of building permits for food manufacturing facilities, the plans shall be approved by the Larimer County Health Department; 10) All public food service facilities such as that associated with the proposed retreat facility shall be licensed by the Larimer County Health Department. Plans for construction of any public food service facilities must be approved by the Larimer County Health Department prior to the issuance of building permits for any public food service facilities; 11) A management plan for chemicals associated with photographic film development, print shop chemicals, and any similar chemicals shall be approved by the Larimer County Health Department prior to there use on site. The plan shall include but not be limited to storage and disposal methods; 12) A floodplain study will be required if the proposed sewer system or any structure are located within a 100-year floodplain. Any portion of the property located within the 100-year floodplain shall be maintained in compliance with the Larimer County Floodplain Resolution; 13) Prior to the start of construction or the issuance of building permits for phase two, the following shall be submitted for review and approval: a) Drawings that include the roadway plan/profiles for the entrance road, and intersection detail of the entrance road and U. S. 287; b) Final drainage study and plan; c) Detailed grading and erosion control plan in the vicinity of the main building; d) Plans for the domestic water system and septic system for the main building; e) Plans for bridges over Dale Creek and Fish Creek.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Old Highway 1856 Vacation of Right-of-Way and the Abbey of St. Walburga Special Review (#97-ZR0970); each, with the conditions as amended and outlined.
Motion carried 2 - 0.
3. WILD MINOR RESIDENTIAL DEVELOPMENT APPEAL (#97-EX1070):
19-05-69 - SOUTHWEST OF LOVELAND, WEST OF COUNTY ROAD 23E
OFF OF TIMBER RUN ROAD, 6250 TIMBER RUN; 10.02 ACRES; 2 LOTS;
FA-1 FARMING ZONING
This request is for an appeal of the MRD criteria to allow the applicant to process a MRD on a previously exempted lot (Lot 3 Jenks/Hill Exemption-1979). Mr. Helmick described the proposal and location of the property and reviewed the major issues and concerns. Staff findings include: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) This parcel was created after 1972 and is not eligible for the Minor Residential Development process; 4) Staff does not find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. The staff recommendation is for denial of the Wild Minor Residential Development Appeal.
Don Leffler of Landmark Engineering and representative for the applicant, addressed the Board and stated that the applicant wants to split this lot for future family housing and he is willing to locate a common access easement so both lots can be serviced; he noted that this division of property is compatible with proposed adjacent subdivision lots. Questions from the Board and discussion followed.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Wild Minor Residential Development Appeal (#97-EX1070) because of the compatibility of the request with the area and the benefit to the public because to require the applicant to go through the subdivision process could result in higher density on this property.
Motion carried 2 - 0.
4. BIXBY SPECIAL REVIEW TIME EXTENSION AND LARIMER COUNTY
ROAD AND BRIDGE MCNEY HILL/CR 74E ROAD PROJECT (#Z-27-88):
20-09-71 - AT THE QUARRY ON COUNTY ROAD 74E (RED FEATHER
LAKES ROAD); O-OPEN ZONING
This is a request to extend the Bixby Excavation Special Review for 2 years and for Special Review approval for the Larimer County Road and Bridge Department for the McNey Hill/CR 74E Road Project. Mr. Helmick described the project and location, reviewed the major issues and concerns, and noted that this is two applications in one. Staff findings are: 1) This proposal is consistent with the stated intent and purposes of the Zoning Resolution; 2) The proposal is located in the rural area of the Master Plan, and this use is consistent with that designation and the other policies of the plan; 3) Although the site is adjacent to a major county road, it is remote from other development in the area and will be reclaimed in a manner consistent with the surrounding area; 4) This project, with the joint application of the County and Monroe Excavation, will improve the traffic situation on CR 74E. The revised access points for the pit will be safer than currently exist. No unique environmental conditions exist on the site and the reclamation will return the site to near original range condition; 5) No governmental agency or office has indicated any conflict or concern with the request; 6) The mining and road project will be completed within two years or a new application for review will need to be submitted, reviewed, and acted upon. This timing is reasonable due to the remote location of the site and the adjacent uses.
The staff recommendation is for approval of the extension of the Bixby Special Review and the CR 74E/McNey Hill Road Project Special Review, with the following conditions: 1) This approval shall expire on December 31, 1999; 2) The hours of operation shall be daylight hours, except for emergency or non-routine maintenance of equipment; 3) Blasting shall be limited to that necessary for the road project and only once per week for the mining operation; 4) All permits, permissions, agreements or approvals from Larimer County or any other governmental agency, which are necessary or required for the operations at this site, shall be maintained and kept current; 5) All representations of the applicants, made in writing or at the public hearing, regarding this application, unless modified by these conditions, shall control; 6) If it becomes necessary to relocate the scale house, it shall be located to the east side of the reconstructed CR 74E, in the area of the existing pit; 7) The prior conditions of approval, unless modified by this approval, shall apply.
Questions from the Board and discussion followed; Commissioner Clarke asked if an agreement has been worked out between the County and Monroe Excavating concerning the way the materials will be used. Marion Monroe, owner of Monroe Excavating, responded in the affirmative and noted that approval of this request will benefit both him and Larimer County and will save taxpayer's money by not having to haul the gravel long distance for the road construction.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Bixby Special Review Time Extension & Larimer County Road and Bridge McNey Hill/CR 74E Road Project (#Z-27-88), with conditions as outlined.
Motion carried 2 - 0.
The meeting recessed at 3:35 p.m.
CONTINUATION OF LAND-USE MEETING FOR
ROCKY ROAD QUARRY SPECIAL REVIEW
(#211 @ 1000)
The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Carol Evans, Planner II. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Lonnie Sheldon, Project Engineer; Scott Cornell, Engineering; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
1. ROCKY ROAD QUARRY SPECIAL REVIEW (#97-ZR0961): NE 02-05-70 -
WEST OF COUNTY ROAD 27, 1/2 MILE NORTH OF U. S. HIGHWAY 34;
This request is for Special Review for a sandstone quarry operation over 106 acres (total), for amendment of the Lyons Stone Quarry Special Review #Z-27-90, and expansion of same. Ms. Evans provided the background information for the project, described the area, and reviewed the regulatory and technical issues; she submitted a list of proposed revisions, which was received from the applicant this afternoon, to the conditions recommended by staff. Staff findings include: 1) Sandstone mining has taken place in the Masonville area and on this property since the late 1800's. Special Review approvals were granted by Larimer County in the 1980's for mining of limited portions of this property. This application proposes expansion of the mining operation over approximately 106 acres, with a maximum total disturbed area of 50 acres over the life of the operation; 2) The character of this area has become increasingly residential. Conflicts often arise between mining and residential uses because of noise, dust and visual impacts; however, if mining is to occur, it must take place where the resources are located; 3) The 250 year time frame proposed by the applicant for the operation is not realistic in terms of monitoring impacts, adjusting to changing conditions in the area and assuring adequacy of conditions over time. Setting a specific term on the approval of the Special Review will provide all parties with a known time frame for the use as approved with this application, as well as knowledge that continued use past the completion of the term would require approval by Larimer County. Evaluation of a proposal to continue the use would provide the opportunity to address technical and land use issues under the regulatory framework and conditions present at that time.; 4) If operated according to the approved plan and conditions of approval, impacts on area properties will be mitigated. More accurate and detailed management and reporting of the operation will benefit all parties. Failure to comply with the conditions of approval may result in reconsideration of the Special Review and possible revocation of the approval; 5) Reclamation will be concurrent with extraction activity and will utilize a variety of vegetation types (trees, grasses, shrubs and forbs) and intermixed rock outcroppings; 6) As proposed and modified by conditions of approval, the expanded mining operation is consistent with the intent and purposes of the Comprehensive Zoning Resolution and the County Land Use Plan and will not be detrimental to the public health, safety and welfare.
The Planning Commission/Staff recommendation is for approval of the proposed Rocky Road Quarry Special Review, with twelve conditions which are not detailed here due to the proposed changes submitted by the applicant, and discussed at length during tonight's hearing, and the matter taken under advisement for two weeks to allow time for the Board to review the testimony and seriously consider the proposed changes.
John Chilson, attorney for the applicant, also submitted copies of the modifications being proposed to the staff conditions; he stated that the distinctions between the position of staff and the applicant will be to determine what the function of a Special Review is and he noted that the regulations in the zoning code on Special Review are very specific as to what this Board is to consider in a Special Review proceeding. Mr. Chilson continued that the staff conditions go beyond the Special Review zoning regulations and become a mining regulation and he asked that the Board allow the regulation of mining stay with the State and this matter be decided only on zoning considerations.
Doug Bachli, owner of the quarry, made a short presentation on the quarry operation; he noted the quarry opened in 1887, the quarry generates wealth in the community and they have been leaders in conserving their resource and developing it in such a way that it isn't hazardous to the environment, and they have been sensitive throughout the years to their neighbors. Mr. Bachli stated that the restricted use placed on their quarry by the Board last October has placed a major strain on their business and they have not been able to work in the areas that are really productive and they had to let six people go and they have used up their reserves just to maintain their 21 remaining employees. Brad James, professional Forester, spoke about the reclamation and the mining plan; he reviewed his background to give a better understanding as to how he personally encounters mining and reclamation issues. Mr. James explained the differences between the proposed changes to the conditions being requested and those recommended by staff.
Mr. Chilson read from the Statute which was attached to the proposed conditions: ..."No government office of the State, other than the Division of Minerals and Geology, nor any political subdivision of the State, such as the Commissioners, shall have any authority to issue a reclamation permit pursuant to this article to require reclamation standards different than those established in this article or to require any performance, or any financial warranty of any kind for mining operations..." Mr. Chilson continued that where the State has spoken, and where there are State regulations involving reclamation and opening of mine quarries and how it is to be managed on a technical basis, this County does not, under its zoning laws, have any authority; however, where there are health, safety and welfare issues that are not a part and parcel of mining regulations, the County has authority. Mr. Chilson stated that they wanted to come to the Board tonight with suggestions as to how these conditions can be worded so that both parties can win-win.
Ms. Evans responded that it is not staff's intention to try and take any authority from the State regarding their mining permits or regulations and staff is fully aware that the authority rests with the State. Ms. Evans reviewed the proposed conditions submitted by the applicant and explained the staff's position for their conditions.
The following persons addressed the Board in support of the Special Review and expansion of the quarry: J. D. Wiant, Warren Wolaver, Brian Pherson, Frank McCrea, Fran Phipps, and Guadalpe Orozco. They stated that property values in the valley are increasing, not decreasing, the owners of the quarry are good hardworking honest people and good neighbors, the business has a positive effect on the community, the beautiful rock is indigenous to this area and used and treasured all over the State, the employees earn good wages and are treated well, and they requested that the applicant not be over-regulated thereby making this business uncompetitive. Clayton Mielke stated he has mixed feelings about the quarry, but his biggest concern is the effect on property values; however, he noted they are making a big effort in reclamation of the land. Sharon Sparks expressed concern about the wildlife, which will be severely impacted for many years, and she is also concerned about property values; she encouraged the Board to not give up any authority in regulation of this business. David Armstrong stated he is concerned about the process and asked if there is no need for public notice of the changes being proposed tonight; he noted he attended the Planning Commission meeting and heard the staff conditions discussed at length and now this request has been received at the last minute to make major changes to them without public review.
In summary, Mr. Chilson stated that the financial livelihood of the applicant is at stake because if this special use permit is not granted, he will go broke, many people will be out of jobs, many stone contractors will have no place to get stone, and there will be a major economic impact in the County as well, as the loss of a good business and good employer. Mr. Chilson stated that they are not here tonight to argue over philosophy, but to argue over economic viability and the ability to cope with two masters; he reviewed the differences between the staff conditions and the proposed conditions. Mr. Chilson stated that each year this applicant must file a very detailed report with the State and he asked why he can't provide the County staff with every filing he makes with the State; then if the staff feels there is still information they want that they have not been given, they can make a specific request for that information. With regard to property values, Mr. Chilson stated that no evidence has been given of this mining operation having a detrimental effect on property values. Questions from the Board and much discussion followed.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners take the matter of the Rocky Road Quarry Special Review (#97-ZR0961) under advisement to allow time for the Board to consider all the evidence presented tonight, to review the tape of the Planning Commission meeting, and render their decision at 3:00 p.m. on July 21, 1997.
Motion carried 3 - 0.
The hearing adjourned at 9:40 p.m.
TUESDAY, JULY 8, 1997
The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manger. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rex Smith, Director of Public Works; Marc Engemoen, County Engineer; Ralph Jacobs, Director Human Resources; Dan Tasman, Planner II; Diane Martell, Engineering Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: Jane Albritton, representative for the Solar Ridge Home Owners Association, submitted a memo requesting that the Commissioners expedite the removal of three (3) speed bumps on the 2100 and 2200 block of Stonecrest Drive, a publicly dedicated private road in the Saddleback Subdivision. Ms. Albritton reviewed the history of their subdivision, noting that for 20 years the homeowners have used Stonecrest Drive as the only access to their subdivision and they set money aside annually for road maintenance; however, in May of 1997, the Saddleback Association installed three steep and severe 8"x6" speed bumps which have created an unnecessary driving hazard. Mr. Engemoen stated that the County did not know about the installation of the speed bumps and they are trying to evaluate from a legal point of view the County's liability in terms of allowing these speed bumps to be installed on a publicly dedicated road; he noted that he has been advised by the County Attorney that the County can prevent or not allow anything that is going to be a safety hazard in a public right-of-way. Mr. Engemoen stated that they have made an effort to contact representatives from both associations to meet and try to resolve this matter. Mr. Smith stated that the key issue is that this is a County right-of-way and we need to clear up legally what is our obligation for maintaining safety on publicly dedicated roads.
2. APPROVAL OF MINUTES FOR THE WEEK OF JUNE 30, 1997:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of June 30, 1997, as submitted.
Motion carried 3 - 0.
3. APPROVAL OF SCHEDULE FOR THE WEEK OF JULY 14, 1997:
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of July 14, 1997, as submitted and revised.
Motion carried 3 - 0.
4. APPROVAL OF CONSENT AGENDA:
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for July 8. 1997:
-- Letter of Support from the Larimer County Commissioners to Poudre Landmarks Foundation, Inc. for Preserving the Fort Collins Water Works Site
LIQUOR LICENSES: Licenses were issued to: Dal-Rae's High Country Inn - 6% - Red Feather, CO.; Villa Tatra - 6% - Lyons, CO.; and Cottonwood Hollow - 6% - Livermore, CO. County approval was granted to: Supermarket Liquors, Inc. - 6% - Fort Collins, CO.; Waive of Hearing for 6% SPECIAL EVENTS PERMIT for August 30, 1997 for the State Board of Agriculture for Colorado State University; and Waive of Hearing for Change of Ownership for Hilltop Outpost - 3.2% - Red Feather, CO.
A97-114 AGREEMENT TO PURCHASE SERVICES BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND COURT-APPOINTED
SPECIAL ADVOCATE, INC. (CASA) (Supervised Visitation at
A97-115 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
THE CITY OF FORT COLLINS, COLORADO (Summer Youth
A97-116 AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND JOHNSON INVESTMENTS, INC.
(Lease of Office Space for Probation Office in RMBank Building)
C97-36 CONTRACT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND LONCO, INC. (Emergency Engineering
Services to Restore Bridge N. LR63E-11.8-44H)
R97-86d RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER
A PETITION FOR A GENERAL IMPROVEMENT DISTRICT #17
R97-87d RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER
A PETITION FOR A GENERAL IMPROVEMENT DISTRICT #18
(Venner Ranch Estates)
Motion carried 3 - 0.
5. APPROVAL OF CUSTOMER SERVICE POLICY:
Mr. Jacobs noted that after numerous meetings and extensive consultation, the Customer Service Advisory Committee has drafted a policy which is ready for adoption and Board approval is requested for an amendment to the Larimer County Personnel Policy Manual of the Customer Service Policy. Mr. Jacobs stated that this policy will provide the departments with guidance on how to proceed, creates some expectations, and offers resources to accomplish the objectives; he noted that the principal burden of undertaking the customer service programs rests with the individual departments.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the request to amend the Larimer County Personnel Policy Manual by adoption of the Customer Service Policy.
Motion carried 3 - 0.
6. REQUEST FOR APPROVAL OF RESOLUTION TO SET HEARING FOR FORT COLLINS INDUSTRIAL PARK LID #1997-1:
Ms. Martell requested Board approval and the Chair's signature on a resolution to set a hearing to consider formation of the Fort Collins Industrial Park LID #1997-1; she noted that she received a petition from the property owners in the Fort Collins Industrial Park to form a local improvement district to pave the roads in their subdivision. Ms. Martell noted that the hearing is scheduled for August 19, 1997 at 3:30 p.m.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the resolution to set a public hearing for formation of the Larimer County Local Improvement District No. 1997-1 (Fort Collins Industrial Park), and authorize the Chair to sign same.
Motion carried 3 - 0.
R97-88d RESOLUTION DECLARING INTENTION OF THE BOARD TO
CREATE THE FORT COLLINS INDUSTRIAL PARK LOCAL
IMPROVEMENT DISTRICT NO. 1997-1
7. UPDATE ON BUS SHELTERS:
Mr. Tasman provided an update for the Board on the bus shelters; he noted the question they needed to resolve was to either do a zoning code amendment to allow the shelters or special exception. Mr. Tasman stated that they decided to do a special exception, noting that the County's zoning code has provisions to allow a use that normally isn't allowed in the code. Mr. Tasman noted that Assistant County Attorney Ms. Haag stated it would be possible to allow the use along the corridor to a limited extent; i.e., they can have one application for a special exception which would be for a certain number of bus shelters at certain stops along bus routes that do contain off-premise advertising. Mr. Tasman noted that they are waiting for Fox Trot to apply and then will need a representative from the State Department of Transportation, as the property owner, to sign off on the application. Chair Disney suggested Mr. Tasman write a letter, which Chair Disney will sign, to Doug Rames, Region IV Director, requesting assistance in obtaining the sign off.
-- Mr. Gluckman asked the Board if they had discussion items for Policy Worksession this week; since the Board doesn't have discussion items, the Worksession will be cancelled.
-- Mr. Gluckman reviewed the pending invitations with the Board and they indicated to him which events they could attend.
9. COMMISSIONER REPORTS:
-- Commissioner Clarke stated that he is still working on his presentation for NACO next week; he is going to talk to them about citizen participation, televised meetings, citizen access on the Internet to the budget, Task Force process, etc. Commissioner Clarke noted he has an appointment to meet with Senator Bob Schaffer in Washington, D. C.
-- Commissioner Olson stated that John Fishback, Fort Collins City Manager, called last week because he heard a rumor that transferable development rights (TDR's) had died; she informed him they are alive and well. Chair Disney suggested the name be changed to density reduction credits in the density management system.
-- Chair Disney showed a video of the new Larimer County sign recently erected outside the town of Kelim; he noted there will be a ribbon cutting ceremony at a later date and an opportunity to express appreciation to all those that contributed to the sign.
At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Code Enforcement Officer John Pedas joined the meeting for Legal Matters.
10. LEGAL MATTERS:
-- Ms. Haag stated that the High Drive Water District filed a petition in Court to dissolve the district; she noted that under the Statute, the district was required to give the County notice of the hearing which is to take place today. Due to an oversight, that notice was not given and their attorney is requesting the Board to sign a waiver of notice; Ms. Haag informed him that would be appropriate.
M O T I O N
Commisioner Olson moved that the Board of County Commissioners execute a Waiver of Notice of the High Drive Water District hearing, and authorize the Chair to sign same.
Motion carried 3 - 0.
-- Mr. Hass stated that in response to a call from the Commissioners last week about the Red Feather Fire Protection District, he noted that the Legislature did not do the County any favors when it required that local control over fire regulations be by ordinance rather than by resolution. Mr. Hass stated that the County does not have an ordinance and he suggested that, if the Commissioners want to have the authority to ban open fires in all or part of Larimer County, as conditions warrant, or be able to delegate that authority or have the fire chiefs of the various fire districts be able to come to the Board on an emergency basis to exercise that authority, then we need an ordinance to reinstate the power the Board used to have to pass a resolution to do same. Mr. Hass stated he can draft an ordinance and have it ready for discussion next week during Administrative Matters, if the Board concurs; the Board concurred.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 10:35 a.m. to seek legal advice concerning possible litigation.
Motion carried 3 - 0.
The Executive Session ended at 11:15 a.m.; no action taken.
WEDNESDAY, JULY 9, 1997
PUBLIC HEARING FOR SKYVIEW SOUTH GID #15
The Board of County Commissioners met at 7:00 p.m. for a Public Hearing regarding the formation of Skyview South GID #15. Chair Pro-Tem Olson presided and Commissioner Clarke was present. Also present were: Rex Burns, Special Improvement District Administrator; and Diane Martell, Engineering Staff Services Manager. Recording Clerk, S. Graves.
Mr. Burns stated that the purpose of the hearing tonight is to consider the formation of the Skyview South GID #15 and to adopt a resolution declaring said district to be formed, organized, and established. Mr. Burns stated that in May of this year, the Engineering Department received a petition from the residents of the Skyview South area to form a district; he reviewed the history of the area with regard to street improvements and described the location, noting that two sides of the subdivision are surrounded by the City of Fort Collins. Mr. Burns noted that the improvement district will maintain and complete the construction of the roads and those improvements will be made over a three-year period; the district will have the authority to levy a mill levy against properties within the district, not to exceed 10 mills. Mr. Burns stated that the Preliminary Plat for the Aurora Hills Subdivision was recently approved and will contribute approximately $50,000 to this district; the County will pay $24,000 in three annual installments if the district is formed and approved in the November 1997 election. Mr. Burns noted that when the streets are improved, the assumption is that the area will be annexed into the City of Fort Collins.
Ms. Martell stated that petitions received were signed by 71% of the property owners in Skyview South in support of forming the district; she noted that there are 148 properties involved in the district, including the three parcels that are undeveloped at this point.
The following persons addressed the Board in support of the formation of the special improvement district: Aisha Bray, Vice-President of the Homeowner's Association, Sue Ellen Alishouse, and Chris Ortmann. Ms. Alishouse stated that with the current property valuations, the mill levy will amount to approximately $100 annually per home; she noted that the homeowners are also willing to contribute labor whenever they can help. Al Baccili and Gordon Woelfle spoke in opposition to the district; Mr. Baccili stated he didn't sign the petition because he doesn't think the homeowners should be paying for the improvements on these roads as it is the County's responsibility. Mr. Woelfle stated he agrees with Mr. Baccili and is concerned about the increase in taxes and about the recent approvals of the surrounding developments and wondered if they will pay their fair share; Mr. Burns responded in the affirmative. Mr. Woelfle also stated he would like for the subdivision to remain in the County and not be annexed into the City.
Commissioner Clarke discussed annexation and stated that he worries about the County's ability to provide law enforcement to this subdivision; he noted that with 2600 square miles to cover and the limited number of deputies in the Sheriff's Department, it could take up to an hour to get help after an Emergency 911 call. On the other hand, the City of Fort Collins is set up as an urban law enforcement agency and help is usually available within 3-4 minutes. Questions from the Board and discussion followed.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the resolution organizing and establishing the Larimer County Skyview South Subdivision General Improvement District No. 15, and authorize the Chair Pro-Tem to sign same.
Motion carried 2 - 0.
R97-89d RESOLUTION ORGANIZING AND ESTABLISHING LARIMER
COUNTY SKYVIEW SOUTH SUBDIVISION GENERAL
IMPROVEMENT DISTRICT NO. 15
The hearing adjourned at 7:45 p.m.
JIM DISNEY, CHAIR
BOARD OF COUNTY COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK AND RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk