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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, DECEMBER 12, 2011

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 10:00 a.m. with George Hass, County Attorney. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for the purposes of discussing personnel matters as outlined in 24-6-402(4)(f) C.R.S.

 

Motion carried 3-0.

 

The Board recessed at 10:45 a.m. with no further action taken.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Russ Legg, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Deni LaRue, Commissioners’ Office; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Brenda Gimeson and Karin Madson, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

ENVIRONMENTAL STEWARSHIP AWARDS:  For the last 17-years, the Environmental Advisory Board has reviewed citizen nominations for businesses, organizations, and individuals for their environmental efforts and makes recommendations to the Commissioners. This year, the Commissioners have chosen to recognize and award the following:

 

1.         Fort Collins Bicycle Co-Op, for their comprehensive actions designed to make bicycles and bicycle riders sustainable.

 

2.         RB&B Architects Inc., for their Sustainability Management System, which helps their clients design and utilize efficient sustainable buildings.

 

3.         Redstone Mitigators, for creating a viable example of how a community can work together to achieve common forest management and wildfire safety goals.

 

4.         The Growing Project, for their efforts to connect community members to each other, their food, and their land through urban agriculture and community gardening.

 

5.         Irene Little, for her sustained efforts on behalf of recycling opportunities in the Estes Park area.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

Mr. Legg requested the Board move item #1, “Amendments to the Larimer County Land Use Code – Solar, file #11-CA0118,” to the consent agenda.

 

Chair Donnelly noted that there was no objection from the Board or any members of the audience; therefore, the Board granted Mr. Legg’s request to add item #1 to the consent agenda.

 

Chair Donnelly explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – SOLAR, FILE #11-CA0118:   This is a request to amend the Land Use Code by adding definitions to Section 0.1; adding Small Solar Facilities to Section 4.3.7. Industrial Uses; adding  Small Solar Facilities as a principle use to Sections 4.1.1, 4.1.2., 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8., 4.1.9., 4.1.10., 4.1.11., 4.1.12., 4.1.13, 4.1.14, 4.1.15, 4.1.16, 4.1.17., 4.1.18., 4.1.19, 4.1.20., 4.1.21., 4.1.23. and the Section 4.1. Zoning Table; adding provisions for Accessory Solar Energy Systems to Section 4.3.10. Accessory Uses and modify Section 4.9.5. Maximum Structure Height.

 

1.         The following definitions will be added to Section 0.1:

 

Accessory Solar Energy System. A system which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, and any other appurtenant facilities, which is designed to supply power to principle use(s) on the lot.

 

Small Solar Energy Facility. A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers.  (note: this could include a solar garden that has a disturbed area of five (5) or fewer acres.)

 

Solar garden.  A community solar garden as defined in section 40-2-127 (2) of the Colorado Revised Statues.

 

2.         Add Accessory Solar Energy System to the Section 4.3.10.Q. used descriptions as follows:

 

4.3.10.Q. Accessory Solar Energy System.  Each lot may include a solar energy system designed to supply power to the principle use(s) on the lot. A solar energy system that cannot meet all the following standards requires review and approval through the Public Site Plan Review process.  An accessory solar energy system must meet the following standards:

 

1.    Building mounted system:

a.    The solar energy system components must be mounted as flush to roof or structure as practicable.

b.    The building mounted solar energy system may exceed the maximum height allowed by the zoning district by 5 feet.

 

2.    Ground mounted system:

a.    The minimum setbacks for a ground mounted system are the same as the minimum building setbacks in the underlying zoning district.

b.    The height of the solar energy system cannot exceed 15 feet.

c.    The total area of the ground mounted solar energy system cannot exceed ten percent of the lot’s net area.  The ground mounted system may exceed five acres as long as the system is sized for the power consumption of the principle use on the lot.  (Note: this is in addition to any building mounted solar energy system.)

 

3.         Add Small Solar Facilities to the Section 4.3.7. use descriptions as follows: 

4.3.7.O.  Small Solar Energy Facility (including some Small Solar Gardens as defined by state statute): A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers. 

 

1.         A building mounted small solar energy facility that meets the following standards is allowed by right:

a.    The solar energy system components must be mounted as flush to roof or structure as practicable.

b.    The building mounted solar energy system may exceed the maximum height allowed by the zoning district by 5 feet.

 

2.         A ground mounted small solar energy facility in which all components together disturb an area of five (5) or fewer acres requires review and approval through the Public Site Plan review process. 

a.    The minimum setbacks for a ground mounted system are the same as the minimum building setbacks in the underlying zoning district.

b.    The total area of the ground mounted solar energy system cannot exceed fifty percent of the lot’s net area. 

c.    Power lines must be underground except where the electrical collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.  Proposed transmission facilities must be identified and included as part of the Small Solar Energy Facility project.

d.    A small solar energy facility must be designed to minimize site disturbances.  Reestablishment of all disturbed areas, including the construction access, shall maintain the historic drainage patterns and permeable ground cover and must be done to minimize environmental impacts. Temporary and permanent erosion control measures shall be used as necessary to minimize erosion of the site.  

e.         A Small Solar Energy Facility application must include an agreement that addresses decommissioning and abandonment of the facility.  The agreement must at a minimum provide for reuse or dismantlement of the facility at the owner’s expense. Disturbed areas shall be reestablished to historic drainage patterns and ground cover.

 

4.         Add Small Solar Facility to the following zoning districts under the “Industrial Use” classification (add the “Industrial” classification to each zoning district as needed):

4.1.1. - FA-Farming.                                       4.1.2. - FA-1 Farming.           

4.1.3. - FO-Forestry.                                       4.1.4. - FO-1 Forestry.           

4.1.5. - O-Open.                                              4.1.6. - E-Estate.                    

4.1.7. - E-1 Estate.                                          4.1.8. - RE-Rural estate.

4.1.9. - RE-1 Rural estate.                              4.1.10. - R-Residential.

4.1.11. - R-1 Residential.                                4.1.12. - R-2 Residential.

4.1.13. - M-Multiple-family.                           4.1.14. - M-1 Multiple-family.

4.1.15. - A-Accommodations.                                    4.1.16. - T-Tourist.

4.1.17. - B-Business.                                       4.1.18. - C-Commercial.

4.1.19. - I-Industrial.                                       4.1.20. - I-1 Heavy industrial.

4.1.21. - AP-Airport.                                       4.1.23. - RFLB-Red Feather Lakes Business.

 

5.         Add small solar to the Section 4.1. Zoning Table under the classification of “Industrial Uses”. 

 

6.         Add the following to the list of exceptions for Section 4.9.5. Maximum Structure Height: The height of a building mounted accessory solar energy system or small solar energy facility may exceed the maximum height allowed by the zoning district by 5-feet.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as it appears above.

 

Motion carried 3-0.

 

2.         DRY CREEK RESERVOIR ESTATES RURAL LAND PLAN FILE #10-S2963:   This is a request to divide approximately 165-acres into eight single-family residential lots, ranging in size from 2.25 to 12-acres, and one residual lot. The residual lot will be the land owned by the districts as part of the Dry Creek Reservoir and will be protected from further residential development in perpetuity as required under the Rural Land Use Plan.

 

This property is located in the east one-half of Section 24, Township 4 North, Range 70 West of the 6th Prime Meridian; 3 ½ miles west of Berthoud between County Roads 6 and 8E. The property is zoned FA-1-Farming and under the current zoning, (1 home site per 2.29 acres) up to 19 homes could be built if approved through the county’s subdivision process. 

 

The surrounding properties consist of Cushman Estates to the north, the Dry Creek Reservoir and associated property to the east, 35-acre parcels to the west, and other similar sized residential properties to the south that were part of the Minor Land Development process for the Dry Creek Reservoir acquisition.

 

The Rural Land Use Center was first approached by the Little Thompson Water District about the possibility of developing this property in 2002—they were anticipating a new water storage facility in the area and hoped to use the rural land use process as part of the planning and implementation of the Dry Creek Reservoir project. Their request was to collaborate on a rural land plan to help with the acquisition of the property for the Dry Creek Reservoir project. At that time, the Rural Land Use Center Director approached the Board of County Commissioners in a worksession and received direction to proceed. 

 

In 2005 and 2006, two projects were submitted and received preliminary approval, Ganter/Suits/Tooley RLUP and Gaffney/Sherwood RLUP, which contained the land that was acquired by the districts and was planned to be used for the reservoir. The approvals clearly noted that the majority of the residual land would be inundated after the reservoir was constructed. Each project contained conditions of final approval consistent with other rural land plans, one of which stated: “The Minor Land Division to create legal lots on these parcels must be completed before Final Approval of the Rural Land Plan.” 

 

In 2006, the land acquisition was completed by Little Thompson and Central Weld Water Districts and the minor Land Division process was done on these properties. A note was placed on that recorded plat stating “Lots 14 through 28 as portrayed on this Plat are not intended for construction of new residential structures; however, said lots may be used by the owners thereof towards land density necessary to accommodate developments created under the Larimer County Rural Land Use Development Process (RLUP).” The lots mentioned are the lots that were retained by the Little Thompson Water District and the Central Weld Water District.

 

In 2007, the final plat documentation for the preliminary approved projects was submitted to the Rural Land Use Center for review and approval. During that time, the applicants worked with the RLUC Director and combined the two projects into one called the Dry Creek Reservoir Estates RLUP. The applicants were working to finish the final documents when one of the properties went into foreclosure in 2008.  That left the final approval process stalled on all properties.

 

The foreclosed property was purchased in 2009 and the new owners were approached by the remaining project participants regarding involvement in this project; however, the new owners declined to participate.   

 

In 2010, the applicants approached the Rural Land Use Center with hopes of finishing the project without the foreclosed property. The Rural Land Use Center staff determined that, due to the length of time elapsed since the previous approval and because the plan was different than originally approved, it was best to start the process again and submit a new application. This is the new application.

 

The proposed density of the Dry Creek Reservoir RLUP, one unit per 20.6-acres, appears to be compatible with the neighborhood. The adjacent Cushman Estates lot sizes range from 4.6 to 6.3-acres in size and lot sizes in most of the surrounding subdivisions in the general area range from 1.5 to 15-acres in size. Because development is limited to one unit per 17.5-acres, future development potential will be removed from the remaining lots as well. One benefit to developing through the Rural Land Use Process is that the development occurring now will preclude any future development of these properties and will be at a density of one unit per 20.6-acres instead of the potential one unit per 2.29-acres allowed by a subdivision process. 

 

The residual land, approximately 117-acres and comprising roughly 71% of the property, will be protected from further residential development in perpetuity. The uses allowed on the residual land will be restricted to buildings and structures clearly necessary and incidental to water supply and storage purposes and appurtenances, such as utilities, pipelines, electric lines, valves, pipes, pumps, roadway maintenance, vegetation and landscaping and other environmental benefits such as nesting poles, etcetera. No single-family residences, office buildings, commercial or industrial activities will be allowed on the residual land parcel. 

 

Water service to the home sites will be provided by Little Thompson Water District and sewer will be provided by on-site septic systems. Access to the new lots will be from Shale Ridge Road via Schofield Road through Cushman Estates to the north. A road maintenance agreement will include provisions for the maintenance of that portion of Shale Ridge Road used by the applicants and Lots 2-8 will be party to this agreement. Additionally, the applicants will be required to show good faith effort to obtain an agreement for the shared maintenance of Schofield Road, which traverses through Cushman Estates. Schofield Road is a publicly dedicated road but privately maintained through the Cushman Estates Homeowners’ Association. 

 

A neighborhood meeting was held on June 24, 2010, at the Berthoud Community Center.  Approximately 15 area residents attended and major concerns voiced at the meeting pertained to road maintenance through Cushman Estates, participation of the Little Thompson Water District and the project’s viability without it, buildings being allowed on the Little Thompson owned residual land, and size and height restrictions on the properties.

 

Referral agency comments were also solicited from 17 agencies. Representatives from the County Engineering Department, County Health and Environment Department and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

This project was previously scheduled for a hearing before the Board of County Commissioners on December 20, 2010.  At that time, the applicants complied with the state statutes regarding the notification of mineral holders of the proposed development. After the notice was mailed, Larimer County received a letter from the mineral holders stating some objections to the proposed developments by the surface holders. When that objection was received, the hearing was postponed to allow time for discussions and a possible agreement to be reached between to the two parties. The applicants have had discussions with the mineral holders and it appears as though they have come to some agreement and the applicants now wish to move forward with preliminary approval of their project. The applicants have proposed adding a note to the plat and disclosure notice to any potential new owners that they do not have mineral rights to the properties and, by state statute, can’t deny reasonable use of the surface to access minerals.  

 

The neighboring property owners have been notified of the intent to proceed and given notice of the time and date of this hearing.

 

Staff recommends approval of the Dry Creek Reservoir Estates Rural Land Plan, file #10-S2963. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Dry Creek Estates Rural Land Plan, file # 10-S2963, except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Dry Creek Estates Rural Land Plan.

 

2.    All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process. All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. were followed, before final approval.  Internal roads may be contained in a private access and utility easement. Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution.”

 

3.    The applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project. Before designing stormwater drainage facilities, the applicant and the applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements. The applicant shall comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the stormwater management design requirements.

 

4.    An erosion control plan that manages erosion and sediment runoff during new construction shall be prepared and stamped by a licensed professional engineer as part of the final approval submittal. The plan shall identify appropriate best management practices for limiting and reducing sediment transport from disturbed areas.

 

5.    A good faith effort and documentation to reach an agreement on road maintenance with the neighboring Cushman Estates Subdivision for Schofield Road and other property owners who use Shale Ridge Road is required before final approval.

 

6.    Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district or a fire protection plan must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before final approval.

 

7.    The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

 

8.    Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines (if any), and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

 

9.    The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

 

10.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply and electricity) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until the developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred, or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, the county will provide to the developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

 

11.   The following must be listed in a disclosure statement, approved by the County Attor ney, available to lot buyers through the public records at the time of purchase:

a.    LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lots 2, 3, 5 and 7 cannot be sold, transferred or conveyed unless and until the developers provide to the county a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply and electricity) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until the developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots. Upon receipt of such written designation, the county will provide to the developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b.    The purchase of any property within this development does not come with any of the mineral rights associated with the property. By state statute, reasonable use of the surface to access minerals cannot be denied to the mineral holder.   

c.    The construction of any single-family residence in this development will require the installation of residential fire sprinklers unless written permission for variance from this requirement from the fire district is received.

d.    Passive radon mitigation measures shall be included in the construction of structures designed for habitable space on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

e.    Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

f.    Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

g.    No feeding of any wildlife.  Any food placed for wildlife will eventually attract the Black Bears traveling through the area.  Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food. The State of Colorado is not liable for damages to non-agricultural property. Homeowners insurance is strongly advised.

h.    Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

i.    Pets must be contained on property, either by leash or enclosure.

j.    During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

k.    Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times, these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats.

l.    Agricultural operations and farming practices on adjacent properties can produce odors, noise, and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

m.    If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

n.    Larimer County has adopted a Right to Farm Resolution.

o.    The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

 

12.       Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners and failure to maintain streets may result in a lien being placed on these lots.

 

Chair Donnelly opened the hearing to the applicants; however, Mr. Sherwood, representative for the applicants, did not have any comment.

 

Chair Donnelly opened the hearing to public comment and Francis Banderet addressed the Board with concerns about access to the proposed lots on Shale Ridge Road, which is a private road. Mr. Banderet worried that Shale Ridge Road would become a problem, similar to County Road 6, due to its private nature.

 

Herman Edwards expressed concern about his mineral rights to the subject properties and his access to those minerals, should he decide to evoke his rights.

 

Much discussion ensued among the Board and staff regarding the private dedication of Shale Ridge Road and the severed mineral rights to the subject properties.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Dry Creek Reservoir Estates Rural Land Plan, file #10-S2963, subject to the conditions outlined above and with the requirement that the access point, Shale Ridge Road, be a dedicated public road, while remaining privately maintained.

 

Motion carried 3-0.

 

There being no further items, the Board adjourned at 4:00 p.m.

 

 

TUESDAY, DECEMBER 12, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Donna Hart, Commissioners’ Office; Charlie Johnson, Engineering Department; Mark Engemoen, Public Works Department; George Hass, Jeannine Haag, David Ayraud, and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Jennifer Reisch, Tanya Hillard, Debra Goodson, David Bell, and Eric Sutherland requested a review of the Larimer County’s current policies/practices to find a better way to assist the displaced residents of the Bender Mobile Home Park.

 

Rose Brinks sought assistance from the Board regarding the extreme delay caused by the City of Fort Collins in the processing of her Larimer County land use application.

 

Mel Hilgenberg voiced his opposition to the proposed use of prayer in the Board of County Commissioners’ meetings. He also reviewed his completion of the Citizens Academy, sponsored by the Larimer County Sheriff’s Office.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 5, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of December 5, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 19, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as it appears below:

 

ABATEMENTS:   As recommended by the County Assessor, the following Petitions for Abatement are approved:  Namaqua Central LLC.

 

12132011A001           DEVELOPMENT AGREEMENT FOR WILSON CONSERVATION DEVELOPMENT, FILE #10-S3010, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BONNIE JANE WILSON

 

12132011A002           AGREEMENT AND ADDENDUM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DAN’S CUSTOM CONSTRUCTION INC, FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2008-1, HIDDEN VIEW ESTATES WASTE WATER TREATMENT FACILITY

 

12132011R001           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR WILSON CONSERVATION DEVELOPMENT 10-S3010

 

MICELLANEOUS:   Appointment of William K. Almond to the Estes Park Local Marketing District Board of Directors; Final Plat, Wilson Conservation Development; and Approval of the Conversion of 5.5 FTE as Designated from Limited Term Positions to Regular Positions.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Fort Collins Elks Lodge #805 – Special Event 6% – Fort Collins; Fort Collins Country Club – Club Liquor License – Fort Collins; Robert Webb, doing business as Masonville Store – 3.2% – Masonville.

 

Motion carried 3-0.

 

5.         REQUEST TO INCREASE BUDGET ALLOCATION FOR ON-GOING LITIGATION RELATED TO THE RANCH:  Mr. Engemoen explained that the county is currently involved in two lawsuits regarding buildings at The Ranch. The first lawsuit was filed by the county against the architects, engineers, and contractors involved in the design and construction of the pre-engineered metal buildings erected at The Ranch in 2003. The second lawsuit was filed by the county against the company which insured the pre-engineered metal buildings due to the insurance company’s wrongful denial of claims for damage from severe snow storms in 2006. To date, the county has expended nearly $1.7 million to support litigation related to the two lawsuits and it is estimated that an additional $1 million will be required through 2012, assuming both cases will move forward.

 

Mr. Engemoen requested the Board approve the allocation of an additional $1 million from the Commissioners’ General Fund, to finance on-going litigation related to the buildings at The Ranch.

 

Commissioner Johnson noted that while the county has expended a great amount of money thus far, they are hopeful that much of the funds will be recovered if the courts rule in favor of the county.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the request to increase the budget for litigation related to The Ranch by $1 million. Funds for this increased budget will be withdrawn from current General Fund reserves.

 

Motion carried 3-0.

 

6.         BENDER MOBILE HOME PARK RELOCATION:   Diane Jones, City of Fort Collins Deputy City Manager, and Jenny Sawyer, City of Fort Collins Neighborhood Services Office, requested the Board waive landfill fees associated with the closing and clean-up of the Bender Mobile Home Park. Ms. Jones explained that any money saved by the contractor during the clean-up and removal of items for the landfill would hopefully be donated to assist the residents in their relocation efforts.

 

Chair Donnelly asked for an estimate of the number of truckloads expected to be taken to the landfill and Ms. Jones stated the developer anticipates around one hundred. Mr. Lancaster noted that one hundred trips to the landfill would cost an estimated $16,000.

 

Chair Donnelly asked if there was any guarantee that the money saved by the proposed fee waiver would be donated to the residents’ relocation efforts and Ms. Jones suggested approving the requested conditioned upon a donation of $16,000.

 

Commissioner Johnson stated that he was opposed to granting the fee waiver because the county’s 2012 budget is very bleak while the city was just awarded a sales tax increase by voters in 2010. Commissioner Johnson also expressed strong concern regarding the use of tax money for charitable purposes.

 

Commissioner Gaiter echoed Commissioner Johnson’s concerns and opposition to the request.

 

The Board respectfully declined the City of Fort Collins’ request for financial subsidy and/or landfill fee waiver related to the clean-up of the Bender Mobile Home Park.

 

7.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster handed out agendas for the Commissioners’ retreat, taking place on Wednesday, December 14, 2011.

 

8.         COMMISSIONER ACTIVITY REPORT:  The Board relayed their attendance at activities during the previous week.

 

9.         LEGAL MATTERS:  Mr. Hass requested the board go into executive session to discuss the court of appeals decision regarding County Road 6.

 

M O T I O N

 

Commissioner Johnson moved that the Board go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board emerged from executive session and Commissioner Gaiter stated that due to the remedies available, he supported allowing the matter of County Road 6 to remain a private matter.

 

Commissioner Johnson agreed.

 

Chair Donnelly stated that because the use of County Road 6 by two separate landowners, dates back to the very early 1900’s, he supported the county taking a role in helping citizens find a solution.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners take no action on the use of County Road 6 and allow the dispute to remain a private matter.

 

Motion carried 2-1, Chair Donnelly dissenting.

 

Mr. Hass requested the Board return to executive session to discuss on-going litigation related to the buildings at The Ranch.

 

M O T I O N

 

Commissioner Gaiter moved that the Board go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board adjourned at 11:30 a.m., with no further action taken.

 

THURSDAY, DECEMBER 15, 2011

 

 

LIQUOR LICENSE HEARING FOR

PHAZE RESORTS, LLC., DBA PHAZE EVENT CENTER

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Attorney Linda Connors to consider a liquor license transfer application for Phaze Resorts LLC.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Donna Loar, Clerk & Recorder’s Office; Meadors Court Reporter Kelli Bailey; and Gael Cookman, Deputy Clerk.

 

Ms. Connors noted that the hearing is to consider a transfer application for Phaze Resorts LLC, dba Phaze Event Center, located at 5400 North Garfield Avenue, Loveland, Colorado.  Ms. Connors stated that the hearing has been published in accordance with statute and noted for the record that no one in the audience wished to speak in opposition of the application.  The Court Reporter swore in the applicant, Tad Buonamici, and Ms. Connors requested the photos of the posting of the premises, which she then entered as exhibit 1.  

 

Mr. Buonamici explained his plans for the event center and presented an updated floor plan. He then noted that he had quite a bit of history both in Larimer County and the City of Fort Collins, as he has previously held liquor licenses in both areas. Mr. Buonamici stated that he had multiple infractions and violations in the past, and he took great care in reviewing each one with the Commissioners and answered all the questions they had. Mr. Buonamici stated that he has learned from his past mistakes, and that he does not allow minors in his establishment, he does not serve anyone who is intoxicated, and he has zero tolerance for anyone in his employment that serves to minors or intoxicated individuals. Mr. Buonamici stated that he also provides a limo/taxi service for his patrons. 

 

Gina Lamont, employee of Phaze Event Center, was then sworn in by the court reporter. Ms. Lamont explained that she had recently been cited for serving to an underage operative in a sting operation conducted by the State Liquor Enforcement Division at the Phaze Event Center. Ms. Lamont explained that she made a huge mistake and that she was immediately terminated by Mr. Buonamici. Mr. Buonamici stated that he had not required TIPS training for Ms. Lamont, as she came from California and previously had server training in that state. Mr. Buonamici further explained that the State Liquor Enforcement Division supported him re-hiring Ms. Lamont, as they say she would be a better employee for having gone through this experience. Ms. Lamont agreed, and stated that she is far more careful at checking for identification since the incident occurred. The Board strongly encouraged Mr. Buonamici to have Ms. Lamont TIPS trained immediately, and rebuked him for not doing so earlier. 

 

Christopher Bailey and Tammy Hunt were also sworn in by the court reporter as character witnesses.  Both testified to Mr. Buonamici’s character, passion for the business, and for always wanting to do the right thing; they requested the Board approve the transfer application.

 

Ms. Connors closed the public testimony part of the hearing, and opened it up for Commissioner Discussion. The Board agreed that Mr. Buonamici seems to have made some poor decisions and displayed some lack of judgment in the past. They all hesitantly agreed to give him one more chance at holding a liquor license in Larimer County, and also cautioned him to expect frequent visits from the Sheriff’s Department and/or the State Liquor Enforcement Division.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioner approve the liquor license transfer application for Phaze Resorts LLC, dba Phaze Events Center, located at 5400 North Garfield Avenue, Loveland, Colorado. The approval and transfer is contingent upon the background check coming back clean from the Colorado Bureau of Investigation. 

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 11:00 a.m.

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.