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HomeMy WebLinkAbout05.0 BOCC Minutes 07.11.1977concerned about harm to the residents if they super-chlorinated the lines. Ross Talbott asked the Commissioners if the density they weY "orcing him to comply with would apply other applicants. Mr. Jolley said that they were consic. <ng changing the mobile home regulation so that this would apply to all new parks. Mr. Talbott commented that it would produce "urban sprawl ". Mr. Talbott asked if they could not comply with the restrictions placed on the PUD zoning, would it revert back to the original zoning. He was assured that it would and that he could sell the lots as originally platted. Mr. Jolley stated that the motion had been made and seconded and asked for voting. Those voting in favor: Jolley, Velasquez, and Cerise. Those in opposition: none. Motion carried unanimously. Glenwood Springs City Manager John West was present at the Commissioners' request. Also present were Allen Thulson of the West Glenwood Water District, Building Inspector Bud Milner and several other citizens. Mr. West was told that the Commissioners understood that the city was issuing water taps in West Glenwood. Mr. West said that he had instructed his employees not to issue a water tap unless the applicant could produce a building perm±Z from the county. When asked where the city stood on the matter of a solution to West Glenwood's water problem, he said that he was in the process of selecting an engineer to study the situation and that he expected a report by the end of July. Mr. Hartert said that if there were any water taps already issued for a vacant lot, the county would be obligated to issue a building permit, unless it could be proved that the lot was not getting water. K.T. Johnson presented a stipulation on the matter of King's Row Subdivision for Mr. Jolley's signature. He noted that the verbal promise to use no more pumice On the roads in the sub- division had been inadvertantly omitted, but that a separate letter would be forthcoming in which that agreement would be made. Mr. Cerise moved that the Chairman be authorized to sign the contract with IPA for a merit system for county employees. Seconded by Mr. Velasquez. Carried unanimously. Mr. Velasquez moved that the Chairman be authorized to sign the contract with the State Health Department for partial reimbursement for the salaries of the county nurses. Seconded by Mr. Cerise. Carried unanimously. Mr. Cerise moved that the Chairman be authorized to sign the application to the BLM for land for the Rifle landfill. Seconded by Mr. Velasquez. Carried unanimously. Meeting adjourned at 5 "10 p.m. Depu y Cle JA-Ithe !� Board(J cs , /: Chairman MONDAY, JULY 11, 1977 The regular meeting of the Garfield County Board of Commissioners was held on Monday, July 11, 1977, beginning at 10:00a.m. Present were Chairman Dick Jolley, Commissioners Larry Velasquez and Flaven Cerise, Secretary Nancy Page, Road Supervisor Bob Arnold and Purchasing Agent Leonard Bowlby, Mr. Bowlby and Mr. Arnold brought up the subject that Mr. Bowlby could be of help to Mr. Arnold, particularly in setting up an inventory control. It was suggested that Mr. Bowlby spend several hours each day at the Road & Bridge office and several at the courthouse. The Commissioners told them to work it out however they wanted to. County Attorney Jerry Hartert present for a discussion on the right of way to the new Rifle High School. Mr. Arnold presented a map drawn by Scarrow and Walker showing where we are buying right of way from J. Gentry. Mr. Arnold felt that by the time fences are in and so forth, the project will cost about $25,000. Mr. Gentry wants S0$ per square foot for his land. Mr. Hartert suggested that the County Assessor appraise the land to see if this is in line. Jim Drinkhouse said that raw land in the Hovey Addition sold for 43* per square foot. He promised to get a letter to the Commissioners with this and any other possible comparisons. Mr. Arnold then reviewed those proposals received from engineering firms for design of the Grand Valley Bridge. Those received are from Eldorado Engineering, Scarrow & Walker - KKBNA, James L. Hasbrouck, Bob Tallerico, Merrick B Co., Richard Weingardt Assoc., NHPQ, and International Engineering. It was agreed that the Comissioners would interview on the evening of Monday, July 18, and that Mr. Arnold would select those to be interviewed. Communications Director Al Maggard and Frank Hess, who maintains the county's radio system, appeared before the Board to explain what they would be doing to find a repeater site. Mr. Hess said they would be testing various sites by using county vehicles with radios, and that they would be looking for ease of access, power to the site, etc. He did say that a spot in the Roan Creek area looked very promising but that they wanted alternatives since so much money is involved. Mr. Hess said he estimated his fee would be around $750. Meeting adjourned for lunch. Reconvened at 1:30 p.m. A! public hearing was held on a text amendment to the zoning regulations to include batch plants under the definition of "processing ". Present were Planner Bob Witkowski, County Attorney Jerry Hartert, Building Inspector Bud Milner and several citizens. Mr. Witkowski stated that a batch plant is a natural extension of a gravel pit and that if one is allowed, so should the other. He read a memo from the Planning Commission stating their position. He recommended .a change however, that the work "concrete" be deleted so that asphalt batching could also be included. Mr. Jolley asked for testimony from those in favor of the text amendment. John Kemp, attorney for Lee Holmes, et al, said that this change came about because his clients applied for a zone change but felt Zceedings of the Board of County Commissioners, Garfield County, Colo.; July , .... that the text amendment was a more satisfactory way of doing things. Mr. Jolley then asked for testi- mony from those opposing the change. No response. Closed for public testimony.Mr. Cerise moved that we adapt Resolution #77 -54. Mr. Velasquez seconded the motion. Carried unanimously. RESOLUTION #77 -54 WHEREAS, C.R.S. 1973 30-28 -109 through 30 -28 -116 provide for the approval of all zoning plans and the adoption and amendment of regulations and resolutions to implement such zoning plans by the Board of County Commissioners of a given County; and, WHEREAS, pursuant to said authority the Zoning Resolution of Garfield County,Colorado was adopted and enacted by the Board of County Commissioners of said County on the 27th day of November, 1973, and, WHEREAS, the Garfield County Planning Commission has recommended that the term 'concrete batch plants' be added to the'processing' definition contained in the Zoning Resolution of Garfield County; and, WHEREAS, said text amendment to the Zoning Resolution is consistent with the recomm- endations of the Garfield County Planning Commission as it is contained in the minutes of their meeting on May 23, 1977;and, WHEREAS, the Board has given Notice of Public Hearing upon such amendment by one or more publications in newspapers of general circulation in Garfield County, such hearing having been held on Monday Jully 11, 1977 and this Board having given full consideration thereto; and, WHEREAS, this Board does not feel that the addition of concrete batch plants as a use under the processing definition of the Garfield County Zoning Resolution will create an impact upon affected lands which is out of character or of a different magnitude than is already allowed by present uses as defined; and, WHEREAS, this Board deems it necessary and advisable to adopt these amendments to the Zoning Resolution for the purpose of promoting the health, safety, moral, convenience, order, prosperity, and welfare of the present and future inhabitants Of the State. NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the following amendment to the Garfield County Zoning Resolu- tion be adopted and be effective immediately, and that this Resolution amend said Zoning Resolution to provide as follows: SECTION 2.02.30 (2) PROCESSING: "To subject to some special process or treatment, as in the course of manufacture ", change in the physical state or chemical compos- ition of matter; the second step in utilization of a natural resource; examples in- !. clude petroleum refining, oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing, creation of glass, ceramic or plastic materials, gravel crushing, cement manufacture, concrete batch plants which use gravel extracted from the same lot on which the pro- cessing occurs; SECTION 2.02.30 (3) FABRICATION: "To form by art and labor; to manufacture" change in the physical shape of matter; the final step in utilization of a natural resource; examples include manufacture of equipment, vehicles and consumer goods from processed materials, wood and metal working operations and batch plants; All other provisions of said Resolution to be and remain in full force and effect. Assessor Jim Drinkhouse, Howard Whaley and Jerry Hartert were present to go over petitions for abatements and refunds. The first group of eight petitions involved oil and gas companies, wherein gross production should have reflected an adjustment. The various abatements and refunds amount to approximately $7000 in tax dollars. Mr. Cerise moved that we allow the abatements and refunds as listed below. Seconded by Mr. Velasquez. Carried unanimously. Name Atlantic Richfield Atlantic Richfield Walter Fees E Others Gulf Oil Co. U.S. Gulf Oil Co. U.S. Gulf Oil Co. U.S. Tipperary Corp Sweet Pea Oil f, Gas Mont Rouge, Inc. Fuel Resources Dev. Austral Oil Co. Mr. all the Abate /Refund Refund Refund Abatement Refund Refund Refund Abatement Abatement Refund Abatement Abatement Valuation Type o 3,390 Real 280 Real 28,200 Real 2,420 Real 6,190 Real 2,550 Real 980 Real 2,050 Real 1,200 Real 36,900 Real 15,120 Real Property Year Tax 1976 300.22 1976 24.80 1976 1997.13 1976 171.38 1976 438.37 1976 180.59 1976 69.41 1976 145.18 1976 84.99 1976 2613.24 1976 1364.62 Hartert and Mr. Drinkhouse reviewed the following petitions for abatement or refund. Since these involved errors made by the assessor's office, they recommended approval. Mr. Cerise moved that following be approved. Seconded; by Mr. Velasquez, and carried unanimously. Name Donald & Judi Waller Orval & Jennie Sowder Orval & Jennie Sowder Wm. Dodds -Scott Jr. P.O.E. Lodge Abate /Refund Abatement Refund Refund Refund Abatement Valuation Type 6,170 Real 1,240 Real 1,240 Real 2,590 Real 5,540 Real of Property Year Tax 1976 457.57 1974 166.22 1975 113.19 1976 261.41 1976 415.96 Name Abate /Refu Valuation Type of Property ear Tax George & Helen Steele Refund 800 Real 1976 71.46 Lloyd P. Schmidt Abatement 740 Personal 1976 54.87 Wm. E. Limbach Abatement 2,210 Real 1976 196.18 Design Homes of Silt Refund 4,360 Personal 1976 449.38 Dale Fx Marie Morrow Abatement 690 Personal 1976 61.64 Otis 6 Lillie Jarrad Abatement 4,580 Real 1976 462.26 Robert C. Peters Abatement 200 Personal 1976 17.87 Carbondale United Methodist Church Refund 1,800 Real 1976 153.82 Mr. Drinkhouse discussed a petition received from Henry Cbvillo, who had been taxed on a 5.71 acre parcel. It was later learned that the parcel was only 3.5 acres. This was not the fault of the Assessor's office but the petitioner. Mr. Covillo was asking for a total abatement of $13,000 for the years 1974, 1975, and 1976, which would result in a refund of $948.66 °to him. Mr. Cerise moved that the petition for Mr. Covillo be denied. Seconded by Mr. Velasquez. Carried unanimously. A public:.. hearing was held for':;. the batch plant for Sievers' Ranch. John Kemp, attorney for the applicant, presented an amendment to their original permit issued for a gravel pit. He also pointed out that the name on the original permit was incorrect -that it should have read The Sievers Ranch and Development Co., instead of Siever's Ranch Corporation. Mr. Kemp said that the batch plant will be mostly under- ground and will be located near the old road to Carbondale, and will have a dust cover. He said that noise will be minimal. Mr. Jolley asked if anyone present opposed the proposed batch plant. Neil Mincer, representing both Union Oil and himself as adjacent property owners,stated that if the plant were operated as outlined by Mr. Kemp, there would be no problem. He asked that the record indicate the proposed use. Mr. Milner stated that if the operation exceeds the limits set by our regulations, they would be in violation anyway... Mr. Mincer asked about the private road and Mr. Holmes said it would most likely be widened to a two lane road. It was stated that there would be about 20 trips per day. Mr. Velasquez asked Mr. Kemp for a list of the corporate members. Mr. Kemp said that they were all Holmes brothers and sisters. Mr. Velasquez moved that the request for a Special Use Permit be granted as requested. Seconded by Mr. Cerise. Carried unanimously. Mr. Milner asked about the applicable fee, since the original application was for a zone change which is a fee of $100. The special use permit charge is $500, but Mr. Kemp submitted an amendment to their first permit for a gravel pit. Assistant County Attorney K.T. Johnson stated that technically this is a new permit. Mr. Jolley felt that we made the change in the zoning regulations so that this matter would not come up again. Mr. Witkowski asked what would happen if someone else came in and applied for a batch plant. Mr. Velasquez said that the circumstances here were different and he moved that the fee be waived under the circumstances since it is all intertwined, and further, that the $100 fee for zone change be returned. Mr. Cerise seconded the motion. Carried unanimously. Ed Graves, a member of the West Divide Conservancy District, came to update the Commissioners on their activities. He said that the District was required to supply some domestic water and that they were therefore studying various possibilities, such as a water system for Four Mile, Apple Tree Park and several other. They are applying for a grant to pay for an engineering study. He also talked about various methods of getting the water to the West Divide area. - Bill Schmidt and Toni Cerise, of Western Colorado River Guides Assn., requested that the County post a sign at South Canyon forbidding people to jump off the South Canyon Bridge. Mr. Schmidt says that in addition to the danger to those jumping, there is danger to the rafters and kayakers. He was informed that the Commissioners had asked legal counsel to investigate this matter already. Mr. Schmidt mentioned that the River Guides assn. had placed portable toilets in four locations along the river at their own expense. Ms. Cerise asked about the county making a take out spot at South Canyon. She was told that it is probably not county property and that in any case, it would require a permit from the Army Corps of Engineers to alter the river bank in any way. Mr. Velasquez moved that the minutes of the meeting of 7/5/77 be approved. Seconded by Mr. Cerise. Carried unanimously. Carl Bernklau, also a member of the West Divide Conservancy District, appeared before the board. He was told that Mr. Graves had already been there. He apparently was confused about the time of the appointment. He did speak to the Commissioners for a few minutes about the plans of the District. Meeting adjourned at 4 p.m. Depu Cle eiaA4.476e-- . the Boar Chairman �f t MONDAY, JULI' 18, 1977 The regular meeting of the Garfield County Board of Commissioners was held on Monday, July 18, 1977 beginning at 10:00 a.m., there being present Chairman Dick Jolley, Commissioners Flaven Cerise and Larry Velasquez and Secretary Nancy Page. Road Supervisor Bob Arnold discussed the matter of right of way up to the new Rifle High School. He said the school was considering purchasing an additional 5- foot strip. Mr. Jolley confirmed this, saying that Darnel Clark had talked to him this morning. Mr. Arnold said he will have to widen the bridge before school starts. - County Auditor Bill Barnes and Joel Thompson from the DA's office were present. Mr. Barnes explained that the reason the DA's budget looked so bad was that Garfield County was required to pay the salaries of all the DA's employees in the Ninth Judicial District, and that we are reimbursed by Rio Blanco and Pitkin Counties for their portion. However, Rio Blanco at first did not budget for a deputy DA for 1977 and therefore our budget did not have funds for such a position. They then hired a deputy DA and are reimbursing us for him. Mr. Barnes read a letter written to Barbara Brown from Frank Tucker in which he asks that this matter be rectified. Mr. Barnes said we could either appropriate the addit- ional funds required or wait until the end of the year and see how the budget looks then,Mr. Cerise