> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/30/18  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 30, 2018

 

There was no Land Use hearing on Monday, July 30, 2018.

 

PUBLIC HEARINGS FOR LARIMER COUNTY

PUBLIC IMPROVEMENT DISTRICT #63, AUTUMN CREEK

 

The Board of County Commissioners met at 6:00 p.m.  Chair Johnson presided, and Commissioner Donnelly was present.  Commissioner Gaiter was absent.  Also present were Matt Johnson, Linda Sanders, and Katie Cardillo, Engineering; Todd Blomstrom, Public Works Director; Jeannine Haag, County Attorney; and Michelle Ferrier, Deputy Clerk

 

Chair Johnson noted that there were four public hearings for Larimer County Public Improvement Districts for the evening.

 

Mr. Johnson and Ms. Sanders presented a brief overview of the Public Improvement Districts (PID) within Larimer County, how they are created, and county involvement.

 

Mr. Johnson noted that Autumn Creek is located on the South side of Carpenter Road, West of County Road 13.  He explained that the property owners in this subdivision contacted Larimer County about ways to generate additional funds to pay for road improvements.  He added that there is no county maintenance on these roads.  Mr. Johnson noted there are 12 lots in the proposed district and all lots have access to internal roads.  He added that 61.1% of the property owners signed the petition in favor of the improvement district, and that, out of a possible 18 signatures, 11 were collected.

 

Ms. Sanders stated that a mill levy of 25.21 would generated approximately $13,000-per-year.  She added that this is an average of $1083-per-lot.  She also noted that three written comments were received, all in favor of the Public Improvement District.

 

Chair Johnson opened the hearing for public comment.  Diana Anderson, Don Jones, Ken Schoch, Angie Moss, Cheryl Schoch, and Timothy Anderson addressed the Board in favor of the Public Improvement District. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #07302018R001, A Resolution Approving the Petition for the Organization of Larimer County Autumn Creek #53, to be forwarded to the ballot.

 

Motion carried 2-0.

 

0702018R001              A RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY AUTUMN CREEK IMPROVEMENT DISTRICT #63

 

PUBLIC HEARINGS FOR LARIMER COUNTY

PUBLIC IMPROVEMENT DISTRICT #64, SOARING PEAKS RANCHES

 

Mr. Johnson noted that Soaring Peaks Ranches is located on the East side of North County Road 23, west of Lonetree Reservoir.  He explained that the property owners in this subdivision contacted Larimer County about ways to generate funds to pay for road improvements.  Mr. Johnson noted there are a total of 19 lots in the proposed district and all lots have access to internal roads.  He informed that there is no county maintenance on these roads.  Mr. Johnson added that 93.9% of the property owners signed the petition in favor of the improvement district.  He further noted that out of 33 possible signatures, 31 property owners signed the petition.

 

Ms. Sanders stated that a mill levy of 25.630 would generate approximately $25,000-per-year, which is an average of $1316-per-lot.  She further noted that no written comments were received from property owners in the proposed district.

 

Chair Johnson opened the hearing for public comment.  Ed Rubanue, Robin Smith, and Richard Moehlig addressed the Board in favor of the Public Improvement District.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #07302018R002, A Resolution Approving the Petition for the Organization of Larimer County Soaring Peaks Ranches Improvement District #64, to be forwarded to the ballot.

 

Motion carried 2-0.

 

07302018R002 A RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY SOARING PEAKS RANCHES IMPROVEMENT DISTRICT #64

 

PUBLIC HEARINGS FOR LARIMER COUNTY

PUBLIC IMPROVEMENT DISTRICT #65, RIVIERA ESTATES

 

Mr. Johnson noted the Riviera Estates is located in southern Larimer County, near Loveland, at the southeast corner of West County Road 20 and South County Road 23E.  He explained that property owners in this subdivision contacted Larimer County about ways to generate additional funds to pay for road improvements.  Mr. Johnson informed that there are 21 lots in the proposed district, all with access to internal roads.  He informed that there is no county maintenance on these roads.  He related that Riviera Estates was established in 1979 and that the HOA funded a chip seal in 2018.  Mr. Johnson noted that 77.3% of the property owners signed the petition in favor of the improvement district.   He added that, out of a possible 44 signatures, 34 property owners signed the petition.

 

Ms. Sanders noted that a mill levy of 27.290 would generate approximately $20,000-per-year, which is an average of $952-per-lot.  She stated that the mill levy could be reduced in 2026 after the overlay planned for 2025.  She also noted that one written comment was received opposed to the Public Improvement District.

 

Chair Johnson opened the hearing for public comment.  Dave Gindl, Ken Caufman, Steve Straines, Helen Grdeskowiak, and Roger Pates addressed the Board in favor of the Public Improvement District.

 

Jan Gernscy and George Craul addressed the Board in opposition to the Public Improvement District.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #07302018R003, A Resolution Approving the Petition for the Organization of Larimer County Riviera Estates District #65, to be forwarded to the ballot.

 

Motion carried 2-0.

 

07302018R003 A RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY RIVIER ESTATES IMPROVEMENT DISTRICT #65

 

PUBLIC HEARINGS FOR LARIMER COUNTY

PUBLIC IMPROVEMENT DISTRICT #66, CARTER LAKE HEIGHTS

 

Mr. Johnson noted Carter Lake Heights is a set of gravel roads located on South of Carter Lake on the West side of North County Road 31.  He explained that the property owners in this subdivision contacted Larimer County about ways to generate additional funds to pay for road improvements. He noted that there are 66 lots in this rural residential area, and all the lots have access to internal roads.  He added there is no county maintenance on these roads.  Mr. Johnson stated that the road conditions vary and have ongoing maintenance needs.  He informed that 56.6% of the property owners signed the petition in favor of the improvement district, and added that, out of a possible 83 signatures, 47 property owners signed the petition.

Ms. Sanders informed that a mill levy of 18.213 will generate approximately $19,000-per-year, with an average cost of $288-per-lot.  Ms. Sanders stated that three written comments were received, all in favor of the Public Improvement District.

 

Chair Johnson opened the hearing for public comment.  Angie Harley, Ryan Larmy, Jerome Schwartz, Keri Schwartz, Joel Ule, Serbousek, Dick Russell, and Tamy Serbousek addressed the Board in favor of the Public Improvement District.

 

Gorgina Mingo and Keith Metali addressed the Board in opposition to the Public Improvement District.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #07302018R004, A Resolution Approving the Petition for the Organization of Larimer County Carter Lake Heights District #66, to be forwarded to the ballot.

 

Motion carried 2-0.

 

Chair Johnson recognized Linda Sanders for her high standard of professionalism.

 

The hearing adjourned at 7:20 p.m.

 

 

TUESDAY, JULY 31, 2018

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m., with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; Todd Blomstrom, Public Works Director; Gary Buffington, Meegan Flenniken, Charlie Johnson, and Alex Castino, Department of Natural Resource; Joanne Hertz and Nancy Testory, Clerk & Recorder; and Michelle Ferrier, Deputy Clerk.

 

Chair Johnson  opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: Chair Johnson opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  Sidna Rachid, Al Johnson, Mel Hilgenberg, and Sean Daugherty addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 23, 2018:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of July 23, 2018.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 5, 2018: Ms. Gimeson reviewed the upcoming schedule with the Board.  Commissioner Donnelly noted that the Board of County Commissioners received an invitation on July 30, 2018, to attend the quarterly meeting of the State Wildlife Commission in Loveland on August 9, 2018.  He added that it would be nice if one of the Board could attend.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

07312018A001             AGREEMENT FOR BEHAVIORAL HEALTH CO-RESPONDER SERVICES BY AND BETWEEN LARIMER COUNTY AND SUMMITSTONE HEALTH PARTNERS

 

07312018A002             PROFESSIONAL SERVICES AGREEMENT (P18-10) BY AND BETWEEN LARIMER COUNTY AND GALLEGOS SANITATION, INC.

 

07312018D001             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM ELDON E. HESSLER AND SHARON K. HESSLER (OWNERS) TO LARIMER COUNTY

 

07312018D002             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM DANIEL A. HIRSCH AND KIMBERLY K. HIRSCH

 

07312018R001             RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY - DEPUTY DISTRICT ATTORNEY

 

07312018R002             RESOLUTION ADOPTING THE LARIMER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

 

07312018R003             RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO TO OUTLINE PROCEDURE AND SCHEDULEFOR THE ESTES VALLEY COMPREHENSIVE PLAN UPDATE, 2018-2021

 

07312018R004             FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR TWISTED SADDLE ESTATES CONSERVATIONDEVELOPMENT AND APPEAL

 

07312018R005             FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 4 IN THE SAULCY MINOR RESIDENTIAL DEVELOPMENT (MRD)

 

07312018R006             FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR MOUNTAIN VIEW TOWNHOME SUBDIVISION

 

07312018R007             SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF AMERICAN HONDA EDUCATION CORPORATION, EAGLEROCK SCHOOL

 

07312018R008             FINDINGS AND RESOLUTION APPROVING THE EVANS LOT SIZE APPEAL

 

07312018R009             FINDINGS AND RESOLUTION APPROVING THE MOUNTAIN WHITEWATER PADDLER'S PUB SPECIAL EVENTS APPEAL

 

07312018R010             FINDINGS AND RESOLUTION DENYING THE COVEY REZONING

 

07312018R011             FINDINGS AND RESOLUTION APPROVING THE HENDRICKS MINOR LAND DIVISION

 

07312018R012             FINDINGS AND RESOLUTION APPROVING THE TIMBERLINE RESOURCES SPECIAL REVIEW 6TH AMENDMENT TO CONDITIONS OFAPPROVAL

           

07312018R013             FINDINGS AND RESOLUTION APPROVING THE 4TH AMENDED PLAT OF WONDERVIEW CONDOMINIUMS, UNITS 1A & 1D     

 

MISCELLANEONEOUS:    Carry over Operating Funds from 2017 for Grant Match; Appoint Commissioner Donnelly, Michael Whitley and Matt Lafferty as the County's Representatives to the Estes Valley Comprehensive Plan Update Advisory Committee; Request Approval to Enter upon Lands to do Weed Mitigation from August 1, 2018 to August 10, 2018; Authorization for County Engineer to Submit a Build Grant Application for the Owl Canyon Corridor as the County's Representative via the grants.gov website.

 

LIQUOR LICENSES: The following license was issued/approved: Hog Wild Barbeque – Beer and Wine – Fort Collins

 

Motion carried 3-0.

 

5.          COMMENTS FROM COMMISSIONERS’ GUESTS:  There were no guests present.

 

6.         N40 MOUNTAIN ALLIANCE RESILIENCE WORK AWARD:  Ms. Shayle Sabo addressed the Board.  She stated she was excited to introduce the members of the N40 Mountain Alliance.  She added that the N40 Mountain Alliance is a group that formed when the Larimer Connects Program (LCM) planted a seed that the N40 Mountain Alliance turned into an incredible system.  Ms. Sabo noted that, after natural disasters in the Red Feather Lakes area, LCM was looking for a solution to solve problems due to communications and information sharing for the citizens, especially those in remote mountain areas where these problems tend to be exacerbated.  She related that the N40 Mountain Alliance successfully created a hub model that serves not just the community of Red Feather Lakes, where the idea was first presented, but all the communities along 74E.  She also added that the hubs were created with the intention of increasing communications and providing a system in which neighbors can support neighbors to be more self-sustainable in the event of a large incident.  Ms. Sabo noted that recently, due to the leadership of the organization and the self-mobilization, the N40 Mountain Alliance was awarded a $100,000 grant for solar power generation for the Red Feathers Community Library, which serves as the headquarters for the N40 Mountain Alliance.  She extended congratulations to the group and stated it was an honor to work with them.

 

Chair Johnson invited N40 Mountain Alliance members to come forward and share their experiences.  Ms. Darlene Kilpatrick, the N40 Mountain Alliance director, commended those who have been part of this group.  She thanked the Commissioners for their support in making the N40 Mountain Alliance a reality.

 

Chair Johnson invited Lori Stolen to speak.  Ms. Stolen thanked the N40 Mountain Alliance, remarking on the power of grassroots organizing.  She mentioned that the N40 Mountain Alliance put systems in place enabling the communities to take care of themselves if they are ever cut off again

 

Commissioner Gaiter commented that it is fantastic what the N40 Mountain Alliance is doing.  He noted that they took a nugget of an idea and just kept it growing.  He commented on the

foresight in the community, remarking that the library is a natural hub.  He added that the N40 Mountain Alliance is a great situation of people working together. 

 

The Commissioners took a brief recess.

 

7.         ADDITION OF THREE FULL-TIME POSITIONS AT THE RANCH:  Chris Ashby and Mr. Blomstrom addressed the Board.  Mr. Ashby noted that The Ranch has many part time operations and housekeeping positions on the payroll.  He stated that, with this approval, The Ranch would be reducing these positions and using the funding to create three full time positions.  He added that dollars from paying for overtime and temporary labor would cover the costs of the new full-time positions.  Mr. Ashby noted that, at first, two full-time positions will be filled, and the third position would be added at the end of the year.

 

M O T I O N

 

Commissioner Donnelly moved that the Board approve the addition of three full-time positions at The Ranch.

 

Motion carried 3-0.

 

8.         PURCHASE OF 800-ACRE GALLEGOS PROPERTY WITHIN RED MOUNTAIN OPEN SPACE:  Mr. Buffington, Ms. Flenniken, Mr. Johnson, and Ms. Castino introduced themselves to the Board.  Mr. Buffington stated that his team was here today to talk about a very important request for the purchase of an open space that will complete the Red Mountain Open Space.

 

Ms. Flenniken gave a bit of background, stating that Red Mountain Open Space was purchased in 2004.  She noted that this Laramie Foothills conservation project was a partnership between Larimer County, the City of Fort Collins, the city of Cheyenne, Wyoming, the Nature Conservancy, Legacy Land Trust, and a number of private landowners.  She added that it was funded, in part, by a grant from Great Outdoors Colorado.  Ms. Flenniken noted partners from the City of Fort Collins were in attendance and introduced Dan Groley, Real Estate Assessor and Dave Myers, Land Conservation Manager.

 

Mr. Johnson related Ms. Castino had done much of the work on this project and invited her to proceed with the final review.

 

Ms. Castino reviewed that the 800-acre Gallegos Ranch inholding is part of the greater conservation landscape of the Laramie Foothills, including the 14,980-acre Red Mountain Open Space.  She noted its protection will have large impacts in creating an uninterrupted ecological connection and reducing cross-boundary management issues. She informed that inholding sits within nearly 140,000 acres of contiguously conserved lands spanning 22 miles along a unique area where native grasslands transition slowly to foothills and into the Rocky Mountains. She stated that the result is an intact ecological landscape with movement corridors for migratory ungulates like elk, deer, pronghorn, bighorn sheep, and large ranging species such as mountain lions. She added that the area supports rare and declining plants, plant communities, and wildlife, and nationally significant cultural resources.

 

Ms. Castino noted that this landscape-scale project was done through various partnerships with Great Outdoors Colorado (GOCO),Fort Collins, The Nature Conservancy, Legacy Land Trust, and private landowners.  She stated that, to date, Larimer County has invested over $14 million dollars into conserving this landscape while GOCO has contributed over $11.5

million.

 

Ms. Castino informed that the Gallegos Ranch sits in the middle of this vast conservation corridor. She noted this property remains in very good condition ecologically including intact mountain mahogany shrubland communities and riparian areas. She added that there are known archaeological resources on-site.  Further, she added that, visually, the property includes the major geographic landform, Table Mountain, that is highly visible as it is surrounded by and comprises the western backdrop to Red Mountain Open Space and Red Mountain Open Space trailhead. Ms. Castino stated the property could provide potential additional recreational opportunities and that acquiring this piece will remedy ongoing management challenges(including livestock trespass, weeds, and access issues) and allow Red Mountain Open Space to be managed

holistically on a landscape scale.

 

Ms. Flenniken stated that City of Fort Collins is in the process of approving a 50% partnership ($1,125,000) on the acquisition price in exchange for the County granting a Conservation Easement to Fort Collins on the 800-acre Gallegos Ranc hplus the 1480-acre parcel purchased from the Gallegos family in 2007 upon which the Red Mountain OpenSpace Trailhead is currently located.  She added that the Open Lands Advisory Board has recommended the expenditure of $2,250,000 in open space sales tax funds for the purchase of the 800-acre Gallegos property and that the City of Fort Collins is in the process of requesting an approval for a 50% partnership ($1,125,000) for the acquisition.

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the expenditure of $2,250,000 in open space sales tax funds for the purchase of the 800-acre Gallegos property and sign the Resolution to purchase and statement of authority.

 

Motion carried 3-0.

 

07312018R014             PURCHASE OF 800-ACRE GALLEGOS PROPERTY WITHIN RED MOUNTAIN OPEN SPACE

 

Chair Johnson stated that the Board of County Commissioners needed to convene as the Board of Equalization to consider the recommendations of the Board of Equalization referees from the past week.

 

M O T I O N

 

Commission Gaiter moved that the Board of County Commissioners convene aa the Board of Equalization

 

Motion carried 3-0.

 

BOARD OF EQUALIZATION

 

9.         RECOMMENDATIONS OF THE BOARD OF EQUALIZATION REFEREES:  Chair Johnson recognized Nancy Testory and Joanne Hertz, the Recording Manager and Recording Technician, commending them for the fantastic job they do of summarizing the Board of Equalization’s work over the past week.

 

Ms. Testory presented the summary report of the past week.  She noted that 151 total accounts were reviewed, 21 hearings were conducted, 15 accounts were adjusted, and, of those, 9 values were stipulated changes, 134 accounts received denials,

and one account was withdrawn. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the recommendations of the Board of Equalization referees for July 19 through July 25, 2018.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of Equalization adjourn and reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

ADMINISTRATIVE MATTER’S MEETING

 

10.        COUNTY MANAGER’S QUARTERLY REPORT:  Ms. Hoffman presented the County Manger’s Quarterly Report. She noted that the subsets of Policy Governance Section 3.3 were met, the subsets of Policy Governance Section 3.4 were met, the subsets of Policy Governance Section 3.8 were met, the subsets of Policy Governance Section 4.3 were met and three performance measures work sessions remain for the year, and the subset of Policy Governance Section 4.4 have been met.

 

 

11.         COUNTY MANAGER WORKSESSION: Ms. Hoffman  updated the Board on various projects and activities.

 

12.         COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.

 

13.        LEGAL MATTERS:

 

Chair Johnson noted that the Board would go into Executive Session for the purpose of receiving confidential legal advice pursuant to C.R.S. 24-6-402(4)(b) and that no decision was expected.

 

 

M O T I O N

 

Commissioner Donnelly  moved that the Board of County Commissioners enter into an Executive Session for the purpose of receiving confidential legal advice pursuant to C.R.S. 24-6-402(4)(b).

 

Motion carried 3-0.

 

With there being no further business to discuss, the Board adjourned at 10:10 a.m.

 

WEDNESDAY, AUGUST 1, 2018

 

LAND USE HEARING

 

The Board of County Commissioners convened at 6:30 p.m., with Carol Kuhn, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Rob Helmick, Senior Planner; Todd Blomstrom, Public Works Director; Mark Peterson, County Engineer; Lea Schneider, Department of Health and Environment; Jeannine Haag, County Attorney; and Michelle Ferrier, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson stated that the purpose of this meeting tonight is to complete the hearing process for a 1041 application.  He informed that this is the third meeting of the Thornton Pipeline 1041, file #18-ZONE2305 application and briefly reviewed the first and second meetings.  He added that public comment is concluded.   Chair Johnson stated that this hearing is to give the City of Thornton a rebuttal opportunity to respond to any of the comments that were made if they would like to do so.  He added that thirty minutes of time is reserved for them to do so.  He further noted that, after the City of Thornton’s rebuttal, the Board would deliberate and have a decision.

 

Chair Johnson invited Mr. Helmick to make comments before the process started.  Mr. Helmick clarified that the Planning Commission held their public hearing on May 16, 2018, and that the Board of County Commissioners held two public hearings, one on July 9, 2018, and one on July 23, 2018.    He added that there is an extensive public record  on this application, well over 1200 pages of application materials, public comment, and agency comment.

 

Chair Johnson reminded the audience that this is a quasi-judicial hearing, asking them to respect everyone’s opinion and comments without interruption.

 

Chair Johnson invited the City of Thornton to come forward with any rebuttal comments.

 

Mark Koleber thanked the Board for their time and infomed that he is the Thornton Water Project Director.  He noted that he would be discussing two topics:  Siting Alternatives and Douglas Road Construction.  Mr. Koleber added that these topics were chosen as there were questions from the Board and concerns from the public on these topics.

 

Mr. Koleber, starting with Siting Alternatives, showed the ten alternatives that the City of Thornton evaluated for taking water out of the Water Supply and Storage Company Systems Reservoirs.  He stated that all ten were evaluated using the same set of criteria but not all were reasonable, particularly when compared with other available alternatives.  As an example, Mr. Koleber cited South 1, 3, and stated that constructing the pipeline adjacent to Douglas Road, outside of the right-of-way, could cross 28 or more properties doesn’t make any sense when compared with similar alternatives within the right-of-way that don’t impact as much private property.  He added that pursuing the risky and uncertain construction of lake taps isn’t reasonable when surface construction can be accomplished with more certainty, less risk, and less cost.

 

Mr. Koleber addressed the concerns voiced by Commissioner Gaiter at the July 29, 2018, hearing concerning the North 3 alternative.  He informed that this alternative would require a lake tap tunnel of 660-feet, approximately 1.25 miles.  He added that the longest lake tap in Colorado, of which they are aware, is less than a quarter-mile in length.  He stated that the risks and costs associated with a lake tap tunnel is not reasonable mitigation compared to the short-term temporary impacts associated with construction, such as short traffic delays.

 

Mr. Koleber stated that there are four reasonable siting alternatives in the application, and they are the South 2, South 4, West 2, and Central.  He noted that the City of Thornton chose the South 2 route as their proposed route.  He added that the selection of South 2 was made using criteria that were based on feedback from area residents.  Mr. Koleber addressed Commissioner Donnelly’s question to Mayor Williams regarding submitting the application with only one alternative.  He stated that this was the guidance they received from Larimer County staff.  He added that, consistent with that direction, Larimer County staff subsequently determined that the application was complete and the application was focused on that one alternative.  He briefly discussed the other concepts for delivering Thornton’s water suggested through the public comment process, remarking that most suggestions did not comply with Larimer County’s 1041 process.  Mr. Koleber turned the discussion over to Gerald Simpson, an engineer working for the City of Thornton on the preparation of the 1041 application. 

 

Mr. Simpson informed that he would be discussing construction along Douglas Road.  He commented that this construction is being portrayed as 2.5 miles of Douglas Road being torn up, when it is the construction of a pipeline.  He stated that there will be a very short, active construction area, occupying 400-feet of Douglas Road at a time, moving 100-feet per day.  He added that the active construction will be only 5 per cent of Douglas Road, and that the other 95 per cent will be open, with one-lane closures in the construction zone.  Mr. Simpson stated that residents will have access to driveways, and emergency vehicles will be able to access any properties on Douglas Road.  He noted that Poudre Valley Fire Authority was consulted and will be a partner during the design process.  Mr. Simpson stated that the City of Thornton will host community meetings to inform the public of design and constructions plans, and to address special concerns and needs.  He stated that Larimer County will be involved in the whole process.  He added that they would be submitting plans and specifications for the project and Mr. Peterson’s group would review and comment on them. Mr. Simpson stated that construction would not begin until Larimer County Engineering is satisfied.  He stated permits would need to be obtained before construction could begin as well, permits regarding air quality,

 

Chair Johnson invited questions from the Commissioners.  Mr. Donnelly had no questions.  Commissioner Gaiter had questions concerning expediting construction and its resulting problems, the northern routing of the pipeline involving the 1.25-mile lake tap, and the lack of public involvement in the process of choosing the site.  He suggested a routing analysis be done.

 

Chair Johnson asked where Thornton presently gets its water.  Mr. Koleber stated that contaminants at some of the present sites are an issue.  Chair Johnson asked about the percentage of times contaminants occur.  Mr. Kolebar responded that this happens once a year and there are continual water quality complaints.  He noted that the City of Thornton is trying to address these water issues, hopefully with the pipeline.

 

Commissioner Gaither asked if the City of Thornton had considered different diversions.  Mr. Kolebar explained the processes Thornton had taken and expanded on the results.

 

Chair Johnson asked if there were questions for the staff.  Commissioner Gaiter asked what the County’s relationship was with CBT and the Jimmy Hollow Reservoir.  Mr. Helmick explained that this reservoir is a specific use reservoir and cannot be used for purposes for which it was not intended.  Commissioner Donnelly asked why the county planning staff did not suggest that the City of Thornton bring other alternatives to the table.  Mr. Helmick replied that those alternatives were there, from his perspective, as they were part of the public record and part of the online record portal. He stated that their instructions to Thornton were to present an application with a preferred alternative, showing that other alternatives were looked at. Commissioner Gaiter asked staff about the lake tap.  Mr. Blomstrom said that there might be, and experts would need to be asked, but there is no answer at this time.

 

Chair Johnson asked Commissioners for their comments.

 

Commissioner Donnelly thanked the citizens for attending these hearings and for their time.  He also thanked the staff for all the time they have put into this process. Commissioner Donnelly thanked the City of Thornton for coming to Larimer County so many times but mentioned that “thank you” would be tempered with an admonishment.  He stated that the admonishment is that they spent a tremendous amount of time informing the Board what they (the Board) could not consider in their 1041 process and that they spent less time trying, in Commissioner Donnelly’s opinion, to prove to  the Board that they had met the review criteria in Larimer County’s 1041 permitting application.  He further noted that, they failed to demonstrate that they meet the requirements of our criteria for 2, 4, and 9, with emphasis on 2, providing reasonable site alternatives for public comment. He also explained that Larimer County recently adopted 1041  powers in this county so that the Board could give oversight to projects of this kind. He stated he would not support this request at this time.

 

Commissioner Gaiter thanked the citizens and the staff for the time they have put into this process.  He thanked the City of Thornton, as well.  He listed criteria 1 through 12, noting that the City of Thornton met the requirements for most of the criteria, but did not meet them for 2, 4, 8, 9, 11, and maybe 8, especially citing 2, providing reasonable site alternatives for public comment.  He stated his concern that there does not appear to be a benefit to the citizens of Larimer County in this 1041 proposal.  Commissioner Gaiter stated he would not support this decision at this time.

 

Commissioner Johnson expressed his thanks to the citizens who came to these hearings and for their input.  He thanked the staff.  He related that Larimer County adopted 1041 powers and stated that these 1041 duties look at the impact of the project on the citizens of the county.  He opined that the Board will come up with different options for Larimer County citizens as compared to citizens of the City of Thornton.  He also noted that 1041 powers cannot cause a change in Colorado water.  Chair Johnson stated that the public process broke down when the City of Thornton started looking only at Douglas Road, noting that other alternatives deserved to be heard and considered.  He stated that he agreed with the other commissioners that certain criteria have not been met by the City of Thornton. Chair Johnson stated that the proposal is not ready to be heard and noted the public wants more time to understand this proposal and be involved in the decision.

 

Chair Johnson asked the county attorney, Jeannine Haag, if tabling this matter would be allowed.  Ms. Haag informed that 1041 conditions state that, if there are outstanding questions or issue and if you believe that additional information would be helpful to you, you can direct staff with what additional information you seek and ask them to gather that information, consider it, and analyze the information.  She said that the Board may table this matter.

 

Mr. Blomstrom informed the Board that Wednesday, November 14, is available.  Chair Johnson thought more time was needed.  The Board is scheduled to meet on December 17, 2018, at 7:30 p.m. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners continue the hearing of Thornton’s 1041 permit application to 6:30 p.m. on December 17, 2018, to allow county staff and Thornton time to provide the specific additional information as discussed by the Board of County Commissioners at tonight’s hearing and to direct county staff to involve the public in the information gathering process through public meetings or open houses.

 

Motion carried 3-0.

 

The hearing adjourned at 7:50 p.m.

 

 

 

 

 

 

 

____________________________________

STEVE JOHNSON

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

____________________________________

Michelle Ferrier, Deputy Clerk