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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 18, 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 Dave Shirk, Estes Park Planning; Roxann Hayes, Engineering Department; Karlin Mueller, Matt Lafferty, Karin Knauf, Sean Wheeler, and Claudia DeLude, Planning Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh, Clerk's Office; and Jean O'Connor, Recording Clerk.

  1. FIELD TRIAL GAMEBIRDS SPECIAL REVIEW

Chair Bender stated that item #1 Field Trial Gamebirds Special Review has been tabled to September 2, 2003 at the applicant's request.

MOTION

Commissioner Rennels moved that the Board of the County Commissioners table the Field Trial Gamebirds Review to September 2, 2003 at 3:00 p.m.

Motion carried 3-0.

Chair Bender stated that the following items are consent and would not be discussed

unless requested by the Board or members of the audience.

2. MICHENER MINOR LAND DIVISION AMENDED PLAT: THE SITE IS LOCATED AT 3456 MOUNTAINSIDE DRIVE (Y GROUNDS IN-HOLDING), WITHIN UNINCORPORATED ESTES PARK.

This is a request to amend a plat to remove certain utility and access easements. No new lots are being created, and no boundary lines are being adjusted. Staff recommendation is approval with the following conditions 1. Compliance with Town Attorney White's memo dated June 23, 2003; 2. Compliance with Larimer County Engineering's memo dated June 27, 2003; 3. A 1/8-hatched border shall be placed around the perimeter of the lot, and the lot should be labeled "Lot 1A"; 4. Pursuant to C.R.S.30-28-110, sub-section 4(a), "no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid"; 5. Within thirty (30) days of the Board's approval of the amended plat, the developer shall submit the plat for recording. If the plan is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void.

3. HIGH DRIVE HEIGHTS AMENDED PLAT: THE SITE IS LOCATED AT 1541 HIGH DRIVE, 1591 HIGH DRIVE, AND 767 LARKSPUR (UNDER CONSTRUCTION), WITHIN UNINCORPORATED ESTES PARK.

This is a request to amend the plat of High Drive Heights to reflect sale of property that occurred in March 1970. This amended plat will not create additional lots. Staff recommendation is 1. The lots should be labeled "3A", "9A", and "10A" instead of Lots 1, 2, and 3; 2. Compliance with Town Attorney White's memo dated June 23, 2003; 3. Pursuant to C.R.S.30-28-110, sub-section 4(a), "no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid"; 4. Within thirty (30) days of the Board's approval of the amended plat, the developer shall submit the plat for recording. If the plat is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void.

4. LARIMER COUNTY PARKS AND OPEN LANDS DEPARTMENT PEDESTRIAN BRIDGES FLOOD PLAIN SPECIAL REVIEW (FPSR): OVER THE MAIN AND MINOR CHANNELS OF THE POUDRE RIVER CROSSING OF COUNTY ROAD 52E OR THE RIST CANYON ROAD

This is a request to approve the Larimer County Parks and Open Lands Department Pedestrian Bridges over the main and minor channels of the Poudre River crossing of County Road 52E or the Rist Canyon Road based on favorable review from the Flood Review Board. Staff finding is that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met. Staff recommendation is approval of the Flood Plain Special Review for the two pedestrian bridges.

5. CITY OF FT. COLLINS PARKS DEPARTMENT PEDESTRIAN BRIDGE AND TRAIL EXTENSION FLOOD PLAIN SPECIAL REVIEW (FPSR): APPROXIMATELY 570 FEET DOWNSTREAM FROM THE OVERLAND TRAIL BRIDGE OVER THE POUDRE RIVER TO LIONS PARK JUST UPSTREAM OF THE OVERLAND TRAIL BRIDGE

This is a request to approve the City of Ft. Collins Parks Department Pedestrian Bridge and Trail Extension Flood Plain Special Review based on the Flood Review Board's favorable recommendation. Staff finding is that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met. Staff recommendation is approval of the City of Fort Collins Parks Department pedestrian bridge and trail extension Flood Plain Special Review.

6. NICKEL STREET NAME CHANGE: SECTION 25 TOWNSHIP 6 RANGE 72

This is a request to name an unnamed road off West County Road 43 to Old Bridge Road. Staff finding is that unique street names are important and needed to accommodate addressing of each dwelling. We received consent forms from all three effected property owners. No objections or concerns were received to this proposal. Staff recommendation is approval of the request to name a private road off W. County Road 43 to Old Bridge Road.

7. AMENDED PLAT OF LOT A OF THE AMENDED PLAT OF LOT 1 HORSETAIL RANCH ESTATES AND LOT 1 JAMES ELLER MRD: SW 1/4 14-5-69. NORTH OF THE BIG THOMPSON RIVER, EAST SIDE OF TAFT AVE

This is a request for compliance with a District Court order that a lot line previously vacated by an amended plat in order to combine two lots, be replaced. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by February 18, 2004 or this approval shall be null and void.

8. SIMPSON MINOR LAND DIVISION: A PORTION OF THE EAST 1/2 OF SECTION 1 - TOWNSHIP 5 NORTH - RANGE 69 WEST; MORE SPECIFICALLY LOCATED ON THE WEST SIDE COUNTY ROAD 13, APPROXIMATELY 1/2 MILE SOUTH OF HIGHWAY 60

This is a request for a Minor Land Division to create two lots being 9.24 acres and 2.99 acres in area. Both lots will be occupied by existing residential uses. Staff findings are 1. The Simpson MLD will not create any new lots for additional dwelling units, but will establish lots for each of the existing dwelling units situated on the property; 2. The resulting lots will conform to the minimum lot size requirements FA (Farming) and FA-1 (Farming) Zoning classifications. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks; 4. The proposed amended plat will not change any existing drainage or access patterns. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. The applicant shall prepare, for recordation with the MLD Plat, a Road Maintenance Agreement for the common access drive; 2. Prior to recordation of the MLD Plat the applicant shall modify the Plat to ensure a 10-foot separation between the property line and the existing septic system for Lot 2.

9. MILLER / SIMON MINOR LAND DIVISION: A PORTION OF THE SOUTH 1/2 OF SECTIONS 16 - TOWNSHIP 10 NORTH - RANGE 69 WEST; MORE SPECIFICALLY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 80 AND THE WEST SIDE COUNTY ROAD 18

This is a request for a Minor Land Division to create two lots being 70 acres and 2 acres in area. Staff findings include 1. The Miller/Simon MLD will create one additional lot, but this newly created lot will remain vacant and be placed in a conservation easement; 2. Tract B of the Miller/Simon MLD does not conform to the minimum lot area as required by the O (Open) Zoning District. However, the resulting Tract A is to remain undeveloped and encumbered by a conservation easement, which is a public benefit allowing the applicant to request consideration of a reduced lot area; 3. The proposed amended plat will not create any non-conforming setbacks; 4. The proposed amended plat will not change any existing drainage or access patterns. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. A note shall be added to the Plat indicating that Tract A of the Miller/Simon MLD shall remain undeveloped and placed into a conservation easement; 2. Prior to the recordation of the Miller/Simon MLD Plat the applicant shall change the label and Tract A and Tract B to Lot 1 and Lot 2.

10. G-W MINOR LAND DIVISION: A PORTION OF THE SOUTHEAST 1/4 OF SECTIONS 17 & 20 - TOWNSHIP 5 NORTH - RANGE 68 WEST; MORE SPECIFICALLY LOCATED ON THE SOUTHEAST CORNER OF COUNTY ROADS 20C AND 9E

This is a request for a Minor Land Division to create two lots being 35 acres and 31.8 acres in area. Lot 1 will be occupied by existing and proposed industrial use buildings and Lot 2 will remain undeveloped and placed into a conservation easement. Staff findings include 1. The Amended G-W MRD will not create any new lots; 2. The resulting lots will conform to the minimum lot size requirements I (Industrial) Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks; 4. The proposed amended plat will not change any existing drainage or access patterns. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented for signature 1. A note shall be added to the Plat indicating that Lots 2 of the G-W MLD shall remain undeveloped and placed into a conservation easement.

11. SHAMROCK HILL FARM SPECIAL REVIEW: SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 7N, RANGE 68W; LOCATED NORTH OF EAST VINE DRIVE BETWEEN COUNTY ROADS 3 AND 5

This is a request for Special Review to expand an existing non-conforming riding academy and horse boarding stable to allow for additional riding club usage, lessons and horse boarding (up to 8 horses boarded). Staff recommendation is approval with the following conditions 1. Operation of the Shamrock Hill Farm Special Review shall be as specified in the representations of the applicant and in the information contained in file #02-Z1425 unless modified by conditions of approval; 2. Prior to operation of the facility the applicant shall execute a Final Development Agreement for approval by the County to be recorded with the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project including, but not limited to conditions of approval and operation and maintenance of the facility; 3. The following fee shall be collected prior to recording the Development Agreement for the facility: Larimer County fees for County and Regional Transportation. The fee amounts that are current at the time of recording of the Development Agreement shall apply; 4. Pasture areas and the arena shall be maintained as described in the application materials, to ensure they do not create a dust nuisance; 5. Operation of the facility shall be limited to daylight hours; 6. Failure to comply with the conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

12. AMENDED PLAT AND RIGHT-OF-WAY VACATION FOR DIXIE PARK SUBDIVISION, A PORTION OF LOTS 26 THROUGH 39 AND A PORTION OF THE RIGHT-OF-WAY: NE 1/4 OF 08-05-70; LOCATED ON THE NORTH SIDE OF U.S. HIGHWAY 34 AND WEST OF THE NARROWS AT 1053 BIG THOMPSON CANYON ROAD

This is a request for an Amended Plat to reconfigure portions of 14 existing lots into 2 new lots and to vacate the right-of-way for the existing lots. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by March 18, 2004 or this approval shall be null and void; 2. The applicant shall submit the signed and notarized Septic System Agreement and Declaration to be recorded with the Final Plat.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above and authorize the Chair to sign the plat for the Dixie Park Subdivision.

Motion carried 3-0.

13. 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 a 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 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; 6. 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 staff is recommending items 5 and 6 of the Planning Commission recommendation be deleted, as they are not applicable.

Mr. Anderson, representative for the applicant, stated that he concurs with staff.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Hull Subdivision Preliminary Plat as presented and amended by the staff.

Motion carried 3-0.

  1. ROBINSON ZONING VIOLATION 39 RAMONA VIEW ROAD

Ms. DeLude stated this item was tabled from July 7, 2003 and noted significant improvement and that the property owner has requested another 30 days. Ms. DeLude recommended the item be tabled to September 29, 2003 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of the County Commissioners table the Robinson Zoning Violation to September 29, 2003 at 3: p.m.

Motion carried 3-0.

15. MUIRHEAD ZONING VIOLATION 12315 NORTH COUNTY ROAD 15

Ms. DeLude stated the property owner is in compliance and removed this item from the agenda.

16. ASPYN GRADING ZONING VIOLATION 5000 NORTH TAFT HILL ROAD

Ms. DeLude stated that the property owners have requested additional time to research the historical use of the property and staff concurs. Ms. DeLude requested this item be tabled to September 29th, 2003 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of the County Commissioners table the Aspyn Grading Zoning Violation to September 29, 2003 at 3:00 p.m.

Motion carried 3-0.

There being no further business, the hearing recessed at 3.15 p.m.

LAND USE HEARING

(No Audio Available)

The Board of County Commissioners reconvened with Larry Timm, Director of Planning; Chair Bender presided and Commissioner Gibson was present. Also present were Russ Legg, Planning Department; Jeannine Haag, Assistant County Attorney, Dawn Stroh, Clerk's Office; and Jean O'Connor, Recording Clerk.

1. WINDSOR GMA OVERLAY ZONE DISTRICT AND SUPPLEMENTARY REGULATIONS: THE WINDSOR GROWTH MANAGEMENT AREA

This is a request to 1. Apply (zone) GMA Overlay Zone District to Windsor GMA and 2. Amendments to County Land Use Code related to adoption of Supplementary Regulations for the Windsor GMA. Staff finding is that the proposed Code amendments pertaining to the Supplementary Regulations and the application of the GMA overlay zone district in the vicinity of Windsor meet the review criteria for approval. Staff recommendation is approval of both the application of the GMA overlay zone district and the amendments to the County Land Use Code as proposed, with the additional changes to the Supplementary Regulations as suggested by the County Attorney's office noted above. Attached to this staff report is an update to the proposed Supplementary Regulations (dated July 31, 2003) that includes the changes suggested by the County Attorney.

Mr. Timm briefed the Board on the Windsor GMA and requested that the statement contained in item 1.C.2: "...except that all dwelling units shall be single family detached structures, and that Sec. 5.3.6.A.6 shall not apply", be added to item 1.B.2.a for consistency and clarification.

Dale Johnston, property owner, is against the annexation because he will not be able to split his property to family and run agriculture. Mr. Johnston would like the Board and the Town of Windsor to take additional time to reconsider the GMA.

Euna Johnston also noted that she is against the annexation into the Town. Ms. Johnston would like to stay within Larimer County to keep the agriculture status.

Mr. Bill Wallenburg, Ptarmigan Subdivision, expressed concern with the kind of impact the GMA would have on his subdivision.

Noel Base, property owner, asked to be exempt from annexation. Mr. Base stated he is already landlocked and can not receive sewer.

Bruce Lindall, Highland Farms representative stated that he is against the annexation. Mr. Lindall is concerned about the future development of his farm.

Mr. Plummer stated that existing agriculture within the GMA is not affected until such time the property owners choose to develop and/or change the use of the parcel Mr. Plummer clarified that if Ptarmigan were surrounded by the Town of Windsor for a period of three years, annexation could occur. Servicing enclaves, Mr. Plummer continued, would be difficult for Larimer County to provide.

Commissioner Bender stated that he supports the GMA Overlay Zoning District and noted that the County can't keep providing services to areas that are surrounded by municipal boundaries.

MOTION

Commissioner Gibson moved that GMA Overlay Zone District be applied to the geographic area as shown on Map1 dated May 20, 2003, in the vicinity of the Town of Windsor, and that the County Land Use Code be amended, as proposed, including the suggested changes from the County Attorney's office noted in the staff report and with statement of consistency as provided by Mr. Timm.

Motion carried 2-0.

TUESDAY, AUGUST 19, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Major Bill Nelson, Sheriff's Department; Donna Hart and Deni La Rue, Commissioner's Office; George Hass and Jeannine Haag County Attorney's Office, Mark Peterson, Engineering Department, Ron Phillips and John Fischbach, City of Fort Collins staff; Dawn Stroh, Clerk's Office and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT:

Mr. Dick Dunn addressed the Board regarding the truck by-pass. Mr. Dunn requested the County and City work together with CDOT to come to a resolution on this issue.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 11, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 11, 2003 as presented.

Motion carried 2-0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 25, 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:

08192003A001 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE REPLAT OF FLOYD HICKS SUBDIVISION 01-S1869 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EDWARD H. AND CYNTHIA A. HONEBIEN

08192003R001 FINDINGS AND RESOLUTION CONCERNING THE MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT AMENDMENT TO THE DEVELOPMENT AGREEMENT

08192003R002 RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY WESTRIDGE PUBLIC IMPROVEMENT DISTRICT NO. 24

MISCELLANEOUS: Letter of Support for Namaqua West Conservation Project; Letter

of Support for Indian Creek Open Space Project; Plat of Golden Acres Minor Land

Division; Willets Boundary Line Adjustment; Letter of Support for Roberts Ranch

Grant Proposal.

LIQUOR LICENSES: The following licenses were approved and issued: Pot Belly Restaurant and Lounge- Red Feather Lakes, CO- Tavern; Taharaa Mountain Lodge-Estes Park, CO - Tavern.

Motion carried 2-0.

5. LARIMER EMERGENCY TELEPHONE AUTHORITY ACCESS

CHARGE FOR 2004:

Mr. Randy Lesher, President of LETA, and Major Nelson requested that the current $.45 surcharge for Larimer Emergency Telephone Authority's (LETA) continued. Mr. Lesher also stated Larimer County is the only district in the State of Colorado to have the Phase 2 system.

Commissioner Gibson questioned the current surplus and the need to continue the surcharge. Major Nelson stated that the funds have been significantly reduced do to the new CAD systems and capital replacement.

MOTION

Commissioner Gibson moved that the Board of the County Commissioners approve the Resolution Establishing a Telephone Exchange Access Facility Charge and a Wireless Communications Access Charge for the Larimer Emergency Telephone Authority to be effective January 1, 2004.

Motion carried 2-0.

6. ANNUAL UPDATE ON THE HIGHWAY 14 BY-PASS:

Mr. Fischbach stated that the City Council passed a resolution to update the Board of the County Commissioners annually on the status of the truck by-pass since the initiative states that the bypass is not to be south of County Road 58. Mr. Fischbach further stated that the "fly-by system" on I-25 was expected to receive 25% use and instead, 43% of trucks currently use the system.

Mr. Phillips would like a plan to address "non-route" options to keep trucks on I-25 by using one million dollars from the initiative fund and spending the balance of the fund, $1.2 million, on more necessary and important road issues within Fort Collins. Mr. Phillips also stated that CDOT would not get involved until Larimer County and the City of Fort Collins come to a consensus regarding a route.

Commissioner Gibson noted that CDOT should pursue a study and the results would dictate the use of the funds.

Mr. Fischbach said that initiative language prohibits use of the funds south of County Road 58, which puts the issue in a catch 22 situation.

7. RESOLUTION OPPOSING 2003 BALLOT ISSUE ON VIDEO LOTTERY TERMINALS: Mr. Lancaster provided the Board with a resolution opposing Video Lottery Terminals and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution Opposing 2003 Ballot Issue on Video Lottery Terminals

Motion carried 2-0.

08192003R004 RESOLUTION OPPOSING 2003 BALLOT ISSUE ON VIDEO LOTTERY TERMINALS

  1. WORK SESSION: None

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

10. LEGAL MATTERS:

EXECUTIVE SESSION: (No Affidavit Provided)

MOTION

Commissioner Gibson moved that the Board of the County Commissioners go into Executive Session at 10:11 a.m. and sited 24-6-402(4)(b) C.R.S.

Motion carried 2-0

Executive session ended at 10:16 a.m.; no action was taken.

Ms. Haag provided the Board with the statutory requirements for referring an improvement district to an election. Ms. Haag noted that all three criteria must be met or the Board must dismiss the petition.

There being no further business, the meeting adjourned at 10:30.a.m.

TAFT CANYON PUBLIC IMPROVEMENT DISTRICT (PID) NO. 26

(No Audio Available)

The Board of the County Commissioners met with Rex Burns, Engineering Department; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Linda Sanders and Mark Peterson, Engineering Department, Dawn Stroh, Clerk's Office and Jean O'Connor, Recording Clerk.

Chair Bender noted that at Administration Matters this morning an agreement was mistakenly listed as an application and requested a motion to make the correction.

MOTION

Commissioner Gibson moved that the Board of the County Commissioners approve an agreement with the State of Colorado Division of Child-Welfare.

Motion carried 2-0; Commissioner Rennels abstained

08192003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES DIVISION OF CHILD WELFARE FOR THE PROMOTION OF SAFE AND STABLE FAMILIES PROGRAM.

Mr. Burns started the meeting by clarifying what a PID is and how it benefits the area affected. Mr. Burns stated that the Taft Canyon Improvement District would be funded by 15-year bond with the repayment coming from a tax levy to homeowners.

Mr. Troiano, President of the Taft Canyon Homeowners Association, stated that in October 2002, a decision was made to file an application for a preliminary engineering plan and requested that Board act in favor of the petition to allow the residents to vote on the PID in November.

At this time the hearing was open for public comment and Mr. Lee Cord, homeowner, was concerned about what kind of recourse the homeowners have. Since soil maybe the problem, why wasn't the original contractor being held responsible? Mr. Cord also wondered if the County would stand by the work after the roads are improved.

Mr. Burns stated that the design standards are expected to meet a 20-year plan and that surface and subsurface samples would be taken prior to any improvements.

Ms. Lucurcia Maria Newman-Santer, stated that she is happy with the chip-seal and her road looks good.

Mr. Steve Robinson, homeowner, has lived in Taft Canyon for 9 years and nothing has ever been done to improve the road conditions. Mr. Robinson noted that less expensive options should be explored before committing to a 15-year debt.

Mr. Steve Remington, homeowner, would like the County to be liable for the roads and do them right. Mr. Remington also believes that the improvements should be paid within a year, not 15 years.

Ms. Phyllis Cain, homeowner, is in favor of allowing residents to vote on the PID and that home values would decrease without improvements to the roads.

Mr. Larry Doyle, homeowner, stated that the Phase 1 roads are in good condition and if the tax rate increases anymore, he will be taxed out of his home. Mr. Doyle would like to see additional options.

Mr. Craig Latzke, homeowner, stated that many residents don't drive on the Wellington Street because it is so bad, which is having a negative impact on Idledale Street. Mr. Latzke requested the area residents be allowed to vote on the PID.

Ms. Babs Cornell, homeowner, would like to see this issue on the ballot for everyone to vote on.

Mr. Jim Lofink concurred with Ms. Cornell's statement and believes it is an association issue. Mr. Lofink further noted that the HOA has not made a recommendation to the membership based on the HOA Board vote. A general benefit from the taxation has not been met.

Mr. Dennis McMahan commented that the continued delay of a PID will be costly and that drainage issues need to be addressed.

Mr. Scott Smith stated that he would like the process put to a vote. The monies that the homeowners would pay for the improvements are tax deductible, and that the mill-levy is adjustable by the HOA Board if necessary.

Mr. Richard Guthart stated that many residents were never consulted prior to the petition process. Mr. Guthart also noted that Taft Canyon would have the highest tax on homeowners in Larimer County if the mill levy were passed.

Mr. David Russell stated that he would be in favor of doing something to address the issue.

Mr. Jim Gutowski concurs with putting the issue to a vote and that he has noticed wear and tear on vehicles, yet nothing is being done.

Ms. Marge Sample stated that she already pays taxes and that she would be double taxed if the PID is approved. Ms. Sample noted that 16% of the property owners are retired and on a fixed income.

Ms. Pat Watkins just wanted a fair hearing and would like to see Wellington Street fixed without damaging the other streets.

Ms. Sharon Butler would like the drainage issue considered in order to determine the cause of the problem.

Ms. Christine Gilsdorf stated that she helped start the petition process and that many options were considered as to whom should be included. Ms. Gilsdorf also agreed that drainage could be causing additional problems.

Ms. Amy Taylor expressed concerned that this PID may be premature. Ms. Taylor also stated that the Foxhill Subdivision is draining down to the Taft Canyon properties and adding to the drainage problem.

Mr. Barry Hand stated that he has a large sinkhole in front of his driveway and was told that the soil beneath his house is extremely expansive and required supports to be pored 23 ft. down just to keep the house from shimming.

Ms. Margaret Gerhardt stated that she has heard that structural damage has occurred in basements in this area and they may have a bentonite problem. Ms. Gerhardt doesn't think that surfacing the roads will fix the problem.

Mr. Richard Chalcraft stated that if Larimer County just completed a chip seal, which should last 4 to 7 years, why form a PID now. The subdivision is attractive, the roads are fine and he would like to see another solution.

Mr. Dwayne Gerhart stated that he is opposed to being the 2nd highest taxed district in Larimer County and that his road is just fine. Mr. Gerhart noted that he does not care to share the misery by paying to fix someone else's road.

Ms. Rebecca Moony noted that she is an engineer and that other options should be researched.

Ms. Cathy Sorenson stated that she was involved with starting the petition process for Taft Canyon because she feels there are safety issues for children. Vehicles are swerving to miss potholes and the streets are bumpy. Ms. Sorenson would like the community to work as a whole to solve the issue.

Ms. Diana Garnett stated that other options should be available before a vote.

Chair Bender closed public comment.

Commissioner Rennels stated that she is not happy that the legislature allows that only 30% of resident signatures are required. Commissioner Rennels further stated that the PID is premature and that other options should be explored.

Commissioner Gibson stated that he thinks the PID does show a general benefit and is supportive of the petition.

Chair Bender stated that it is not clear that everyone will benefit with the PID and therefore would vote to dismiss the petition.

MOTION

Commissioner Gibson moved that the Board of the County Commissioners approve the Taft Canyon Public Improvement District (PID) NO. 26 as presented.

.

Motion failed 1-2; with Chair Bender and Commissioner Rennels dissenting.

There being on further business, the hearing adjourned at 8:45 p.m.

THURSDAY, AUGUST 21, 2003

SPECIAL MEETING

of the

Board of County Commissioners

The Board of County Commissioners met with Jean O'Connor, Clerk to the Board; Chair Bender presided and Commissioner Rennels was present.

Ms. O'Connor requested the Board of County Commissioners approve and authorize the Chair to sign the Findings and Resolution approving the amended plat for Dixie Park Subdivision.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Findings and Resolution approving the Dixie Park Subdivision Amended Plat and authorize the Chair to sign the same.

Motion carried 2 - 0.

08212003R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF RIGHT-OF-WAY EASEMENT IN DIXIE PARK SUBDIVISION

There being no further business, the meeting adjourned.

_______________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

S E A L

(A T T E S T)

______________________________

Dawn Stroh, Deputy Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.