City Council Minutes 1999 06 15 - Laserfiche WebLink

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wildlife areas to conduct a wildlife inventory by a professional as part of the permit process. He stated that Council replied that, as a statutory City, Louisville couldn't do this. Berger stated that Councilman Howard requested that the City Attorney review the issue to determine what the City could or could not do. Berger stated that, after several weeks, Mayor Davidson contacted him. Mayor Davidson explained that the City Attorney had discovered that, as a statutory City, Louisville could not require a developer to conduct a wildlife inventory before a permit would be granted. Berger questioned why he did not receive a formal report or note versus only verbal notification. Berger explained that the Boulder County Commissioners sent a letter, dated May 4, 1999, to Mayor Davidson suggesting that the City do such a thing. He stated that the County has adopted such a policy and they are a statutory body within the state and are bound by the same statutory laws as the City of Louisville. Berger questioned whether the State Constitution has changed within the last nine months. He stated that he contacted Bill Simmons, City Administrator, to request a copy of the letter from Boulder County and Simmons stated that he was not aware of the letter. Berger stated that he did receive a copy from Bill Simmons office this week, however, it was stamped with a received date of June 11, 1999. He questioned whether the letter was actually received before June 11 and whether the City Administrator distributed copies of the letter to members of Council. He requested an answer to his questions and asked why the City could not look at the possibility of requiring developers to conduct a wildlife inventory on any properties that are considered sensitive. Berger explained that there is a supplement to the letter from Boulder County that outlines their regulations and suggested that the City review them and follow Boulder County's lead. Matt Jones, 265 Dahlia Drive, Louisville, Colorado, stated that there is a piece of property that lies east of Cherry Street at Dutch Creek, and is adjacent to the Coal Creek Golf Course. He explained that he recently noticed that the tee was extended on one of the holes on the golf course. He questioned where the open space that was deeded to the City began and where the golf course ground began. He explained that, upon reviewing a plat mat for the area, the tee is within the golf course area, however, since then a large berm of fill dirt has appeared at this location. He questioned whether this dirt is located only on the golf course ground. He requested that Council keep the open space use separate from the golf course use. Jones stated that he has heard Council explain that they do not differentiate between open space, parks, etc. However, the outlot was deeded to the City in the first plat as open space and although it wasn't identified as open space on the replat, there was a pocket park specifically designated. In addition, the property is being used as a staging area for the Cherry Street reconstruction project. He explained that the staging area, however, continues to become larger and larger, extending into the open space. Jones stated that he did contact the project manager today, who agreed to speak to the workers about the staging area. He questioned the need to further expand the staging area and requested that he be contacted regarding these issues. Davidson instructed Bill Simmons, City Administrator, to contact Jones.