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HomeMy WebLinkAbout3.0 Meeting Minutesr l April, 1990 -Page 547 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 LANDFILL CELL CONSTRUCTION BIDS King Lloyd, Road & Bridge Supervisor, and Don DeFord discussed the bids for the landfill cell construction and Commissioner Arbaney asked how a 310 horsepower in the specifications can be related to a backhoe if used when it does not have 310 horses. King stated the objective in specifying horsepower was to stress the toughness of the job and the necessity of the power needed. Don stated that the bids were bound to that specification since there may have been those who did not bid because of that power specification. The specification could be waived except that it is a very specific statement. After further discussion and King's recommendation that all the bids be rejected in order to omit the specification of 310 horsepower, Commissioner Arbaney made a motion that all bids received, not being opened, for the landfill cell construction be rejected and the bids be redone. Commissioner Mackley seconded the motion; carried. SENATE BILL 35 EXEMPTION LOCATED APPROXIMATELY 3 MILES SOUTHEAST OF RIFLE ON COUNTY ROAD 320; APPLICANT, GEORGE & VERNICE BROUGHTON Don discussed the public notice requirements with the applicants and the Board found them to be adequate. Mark Bean, Director of Regulatory Offices, reviewed the staff comments. After discussion and there being no comments from the public, Commissioner Arbaney made a motion that the Board approve the Senate Bill 35 Exemption on a parcel of land situated in the NW 1/4 of Section 30, T6S, R93W, located 3 miles southeast of Rifle on County Road 320 for George and Vernice Broughton with the condition of approval as stated in the staff comments dated April 2, 1990. Commissioner Mackley seconded the motion; carried. COUNTY PLANNER Mark Bean, Director of Regulatory Offices, introduced the new County Planner Andrew McGregor and the Board welcomed him to the staff. BARENS EXEMPTION EXTENSION • After discussion with Mark regarding a request for an extension of an exemption, Commissioner Arbaney made a motion that the Board approve a 180 day extension of the Anthony Barens exemption off Co Rd 170 in order for him to get his water rights in order. Commissioner Mackley seconded the motion; carried. EASTSIDE COAL COMPANY MAINTENANCE Mark discussed the request of Eastside Coal to be permitted to continue operations for the purpose of off ice maintenance and property safety only. Don stated that as long as activity was limited to office and maintenance only, he would recommend permission be granted. If any material must be moved, they must come before the Board with their plan. JOINER SPECIAL USE PERMIT Mark discussed the request for a combined flood plain/guest house Special Use Permit west of the Ranch at Roaring Fork and east of the Highway 133/82 intersection. A Public Hearing was set for May 7, 1990 at 10:00 A.M. WULFSOHN RANCH ANNEXATION ANALYSIS WAIVER RESOLUTION Commissioner Mackley made a motion that the Chairman be authorized to sign Resolution No. 90-035 concerning the approval of a waiver of Annexation Analysis for Wulfsohn Ranch. Commissioner Arbaney seconded the motion; carried. EXTENSION AND FAIR REPORT AND BUDGET Steve Carcaterra, Director of Extension, gave a report on his Department and discussed the Fair Budget. PUBLIC HEARING FOR A SPECIAL USE PERMIT APPLICATION FOR NATURAL RESOU~CE STORAGE AND PROCESSING YARD LOCATED APPROXIMATELY 3 1/2 MILES NORTH OF STATE HIGHWAY 82 AND COUNTY ROAD 103; APPLICANTS, DOUG CERISE AND BRAD HENDRICKS Persons desiring to speak on this issue were sworn in en masse and directed to give their name and address when they spoke. Don discussed the legal notice requirements with applicant Brad Hendricks and the Board found them to be adequate. Mark presented the exhibits as April, 1990 -Page 548 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 follows: Exhibit "A", Proof of publication; "B", mail receipts; "C", Application and attachments; and "D", Staff comments. Exhibits "A" through "D" were admitted into the record. Mark reviewed the staff comments which recommended denial on the basis that the use was incompatible with surrounding landowners. Mr. Hendricks discussed the findings in the staff comments. He expressed his objection to No. 4, which states the use is not in the best interest of the health, safety, morals, convenience, prosperity and welfare of the citizens of Garfield County. He felt it was in the best interest of Garfield County and stated he and his 4 workers build [ log homes and log accents such as beams and rafters. They work 3 weeks to a month in the woods to get the logs out and will be directly affected by the present Forest Service logging issue. He has stored logs on Missouri Heights for the last 20 years at different areas such as at Cerises' and McNulty's, etc. He had considered buying a place but agricultural land is the only kind zoned for this type of useage and he couldn't buy that much land. He felt this permit would not be detrimental to the residential neighborhood or the character of Missouri Heights. "It may not be in the self-interest of the neighbors to see the logs there but that self-interest is not necessarily in the best interest of the citizens of Garfield County", Mr. Hendricks stated. -In regard to number 5 which concerns incompatibility to adjacent residential development, Mr. Hendrick felt the residential development was not compatible to the ranch if you looked at it historically. The change in compatibility actually happened when Hawk Ridge was developed. He stated he had lived in Garfield County 20 years and had disliked certain things his own neighbors were doing on their land but felt he should not complain because it was not his business to do so. He did not file any complaints because he felt he should confront the person face-to-face first and did not want to do so. He nor Mr. Cerise. have ever been told of any objection to this storage before now and the people he has contacted either had no objection or never returned his calls. Chairman Smith asked Mr. Hendricks how long these present logs had been there and he stated they were brought down in late October, early November of 1989. Jim Dallman, 7 Redwing Lane, Hawk Ridge Subdivision, presented petitions from area landowners opposing the location of the storage site and suggesting it be moved to a better place. The petitions were admitted into the record as Exhibit "E". He stated that people purchased these lots with the thought that there would always be a nice view of Sopris and the lower valley and that it was a shame that a 1/2 million dollar house owner should have to see a log operation in front of his property. Bill Johnson, 1870 County Road 103, an adjacent property owner, stated his concern was the silt deposited in the lake down stream from the agricultural lands and subdivision roads above which was killing his fish. The fish are smaller now and they can't spawn in the creek because of the silt. The flow is down due to all the wells being drilled. Although he did not look at this log project, he did not want any further development upstr~am which would cause any soil disturbance or erosion because it effects his lake and it costs $10 to $15 thousand a year to keep the fish alive. He recommended the Board look closely at this or any other future projects to assure appropriate mitigation measures are taken so he would not have to bear the cost of development above him. Chris Locher, 15 Old Orchard, stated he was not affected by the view but had 'not been notified that this operation was going on and mentioned all the ways he could be reached. He disagreed with Mr. Hendrick's statement that nobody had objected to the project and pointed out the petition which showed the people who were against it. Sandra Smith, owner of property along Road 103, had told him to relay her objection in this meeting because she was unable to attend. He f [ [', April, 1990 -Page 549 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 stated that he was impressed with how difficult it had been for the developers of Hawk Ridge Subdivision to get it going and requested the same measures be taken to protect it. All attempts are being made by the landowners there to have the least amount of impact on the nature of the land and he expressed his desire to have the Board do so also. He expressed his appreciation to Mark Bean for teaching him how the system works since he is from Switzerland where it works differently and his appreciation of the fact that permission must be achieved before anything is done on the land. Art Ackerman, 12 Deer Path, expressed his concern regarding the blights going on in the County especially in the Hawk Ridge area and felt that County ordinances should be enforced and this particular project should be located elsewhere. He felt it was a grudge or spite thing to locate it next to one of his vacant lots which has just been sold. There is a fenced in portion of Mr. Cerise's land which would suffice for this use which would not be objected to in his opinion. He is not an adjacent property owner but requested the Board to deny this permit. Mark Bean presented 2 phone messages which were admitted into the record as Exhibit "F", phone message from William McElnea, 6059 Co Rd 100, opposing due to noise, and "G", phone message from Terry Kirk, Bx 1130, Basalt, opposing due to noise. Doug Cerise, owner of the land on which the permit application included, stated that Brad, approximately 6 months ago, had requested a place to store logs and he thought, since the neighbors were "log home" people, they would not object to having logs stored next to their land. He thought they were a nice addition to the view. He had to look at a pile of logs while Mr. Ackerman was building his house which, at one time, he and his hired man had to save from burning after lightning struck it. He did not want the house there but did not say anything about it because it wasn't his business. In regard to the issue of the lake being silted, the area in question is not even in the same drainage area. He objected to Sandy Smith not coming to the meeting to express her own opposition and that people who have lived there for such a short time trying to tell the people who have lived there for 100 years what to do with their land is not the way things should be. These people have a lot of money invested in their land but, he stated, they don't have a lifetime of sweat invested in the land. He discussed the equipment necessary to fight fires in the area and complaints about having to look at this equipment on the ranches. Chairman Smith asked if he had stored logs before on his land and he answered that he had and still does if you count the corral and fence logs. Chairman Smith inquired about the comments made regarding the chain saws used and Mr. Hendricks stated that no processing has been done but it would be convenient to be able to peel the logs occasionally. Mr. cerise had mentioned the fact that the bark would be adventageous on the land. Peeling has not been done and there is no noise involved with that process but he would like to be able to do it although it is not critical to the useage in the permit. Mr. Hendricks stated that chains saws have been used only about 30 times in the last four months and each time it was to cut a log small enough to move on his pickup truck to Stan Matthes's house which is being built on adjacent property purchased since the log pile was there. Ironically, Stan's name is on the petition opposing the log pile. Other than pickup trucks coming and going and the five loads moved in initially on semi trucks, there has been no other noise. Mr. Hendricks expressed the opinion that if the opposition is based on noise and silt draining into the lake below, there is no relevancy - being in view of Chris Lecher's house is and it should be based on that. Regardless of what Chris stated about being easy to reach, he had been unable to locate him in the phone book and he had been to Chris' house 4 or 5 times and left messages for Chris to get in touch with him but had not heard from him. Mr. Locher had not been notified by mail because he is not an adjacent property owner. April, 1990 -Page 550 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 In regard to the view, Mr. Hendricks stated the log pile does not obstruct any view nor is there any water drainage back into Hawk Ridge. It is below Hawk Ridge but visible to some of those homeowners. Moving the logs to a less visible site in the area would mean using Mr. Cerise's pasture land or getting off his land and might take agricultural land out of production. He denied the allegation that the location was a "grudge thing" and stated the logs were placed there because of the good access, because it is not irrigated, it has a slope to dump logs without machinery and the land does not have to be changed to get to them. Mark stated some other criteria for a Special Use Permit beside ( compatibility were water, road access, drainage, noise, dust, visual i.mpact, screening. Someone in the audience asked if a port-a-potty was going to be put up and Mr. Hendrick answered, "No". _ Commissioner Arbaney asked where the processing would be done if this permit was only for storage and Mr. Hendricks stated most building was done on site and has no intention of notching cabins at the log pile and moving them somewhere else. The peeling has been, and could continue to be done, on the building site although it would be handier at ti.mes to do it at the log site. He noticed the petition opposed a "log stripping activity" which could easily be excluded from the permit. Jim Dallman stated the petition objected to not just the stripping but the possibility of a port-a-potty, storage/visual. Commissioner Arbaney asked if the logs were hauled in short or long and Mr. Hendricks stated he hauled in long logs and he has taken them out shorter but the cutting for Mr. Matthes's house was 16 feet which is the shortest cut and the only chain sawing done has been on the 40s and 20s. Most logs being moved will be 40s. They have a hydraulic loader with grapples on its own truck which should be stored on the property. The military boom truck is there now because it is less noisy to lift the logs with that than the diesel truck. A back hoe is there but it is not related to the log operations and he is willing to move it to another site on the ranch. Mr. Hendricks further stated that this was not planned to be a permanent situation but the permit makes it necessary to become one. He has a place in Carbondale to store equipment but some of it would have to be hauled to and from this site. He described the equipment stored off the site to explain that the site was definitely not to be used as a equipment storage area. Chairman Smith asked Mark Bean if there was any place where natural resource storage and processing could be without a Special Use Permit and Mark replied, "commercial/general". Mr. Hendricks also discussed his method of unloading logs and the different piles he had and described what he considered to be the r neatness of the piles. He stated he had never had a permit before but , did not realize he needed one until two years ago when he talked to Mark about either a permit or a purchase to store the logs on agricultural land. Mr. Cerise stated there was not another space on his property which was not being used for hay and his brother, on the ranch next to his, did not want the logs on his place. Carolyn Ackerman asked Mr. Hendricks how much rent he was paying Mr. Cerise and he answered $50 per month until Mr. Cerise found out it was illegal and the payments were suspended. Commissioner Arbaney made a motion that the Public Hearing be closed. Commissioner Mackley seconded the motion; carried. Commissioner Mackley stated that he felt everyone has something close to them they might not want to look at mentioning that he looks out over several gravel pits, concrete silos and gas wells on his property. He reminds himself that he has a concrete foundation, he has gravel in his driveway and uses natural gas. The syndrome, " .•• But not in my back yard" is understandable but in this area most houses are being built out wood or wood products of some sort and they heat with [ [ April, 1990 -Page 551 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 natural gas and are driving on gravel roads. This material has to come from somewhere or be stored somewhere and if there is another place for it, it will be in someone else's "back yard". He stated, "The criteria we need to work with is that we are affecting other people and we need to work as neatly and cleanly as possible and without affecting the people as much as is possible. It is a two-way street and can be made to work. My neighbor complained that he had a potential buyer that did not like the lights on the gas well sites next to his property and I asked him if the potential buyer would complain about the lights on my swather or bailer. Art Ackerman needed logs for his home, I needed wood for mine and bricks have to be produced in a pit for a brick home. As long this world keeps going, and more and more people come into this world, the demands are going to be there for natural resources and there will be a lot of 'sore sides poked at' before we have everyone in a house, clothed and traveling up and down the road. Neither side will be happy. This is not a popular decision to make. People should be aware that they will have to look at something they may not like and we may not be able to preserve what we want to look at. The adjacent property owner has his rights to do what he wants to do with his land. This is the system we go through to develop what can happen on the land, good or bad." Chairman Smith stated she agreed with Commissioner Mackley but understood how the problem could get out of hand if there was a lot of machinery around making it into an equipment storage yard. "Storing logs does not seem as bad as scattering machinery around." She commented on the fact that Mr. Hendricks had gone two years without getting a permit when he knew he needed one and she also wanted to know what machinery he was using and what would be in the permit. Mr. Hendricks stated he needed a piece of machinery to get logs out. He would also like to saw a log in two pieces on occasion but that should not be considered "processing" the logs. He estimated 10 out of 100 logs might need to be cut which would be less than the noise generated by someone blowing leaves off their lawn in the Fall. He preferred to have the log loader on site. He now has two pieces of machinery - a pickup and a larger log loader because the small one makes less impact with a short operation. Chairman Smith asked him if he intended to make this his permanent log storage place or rotate it as in the past. Mr. Hendricks stated that if he gets the permit he intends to make it as permanent as Mr. Cerise would allow. Chairman Smith stated that it was her assumption that whenever a machine was used, it was part of the processing. Mr. Hendricks stated that the machinery used was for loading and unloading and should not be considered part of the processing. If the actual peeling, which has not been done up to present, is objected to, he is willing to drop that part of the permit. He stated he may want to go into the woods for logs earlier than the Fall this year because of fire hazard. This is the end of his 2-year permit from the Forest Service and the next permit will depend on what happens in the timber sale issue. He has a market for the logs on site at present. House logs alone could provide a living but he can generate more business and jobs by turning them into a fencing product. The truck used to reload logs was not mentioned in the permit application. Commissioner Arbaney stated he agreed with Mr. Cerise regarding the fact that he has owned the land longer than anyone else present. He comes from the timber industry which may make his view biased although experienced. He agreed with Commissioner Arnold regarding the " ... But not in my back yard" syndrome which he feels should not be the issue here. He suggested Mr. Hendricks investigate getting a self-loading truck so a lot of equipment is not stored there. He had not been up to see the 'location but felt his request was not "out of bounds". Although he hears people talk about the quality of life being effected, he expressed his feeling that anyone coming into the county in the last 54 years have changed the quality of his life somewhat making it difficult to sympathize with the newcomer's attitude. April, 1990 -Page 552 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 Chairman Smith asked about the possibility of screening and it appeared a screen would be worse than the pile of logs. She mentioned that he had a market for the logs and they would be gone and Mr. Hendricks stated that was so but there was a good chance that if the Forest Services permitted, he would have more in there soon after. He never knows what kind of a permit the Forest Service will give -firewood, house logs, etc. In terms of the logging industry, it would be 100,000 to 200,000 board feet which is a small operation and his operation is not threatened by the timber issue as much as a mill would be. Chairman Smith asked the people present who owned log homes if they ( stored their logs on the property while they built or were they hauled in. Art Ackerman stated there were only 3 log homes up there and the logs were stored and processed on site for the six months construction. However, with his own manufactured log home, the logs were brought in processed. He was concerned about the permanence of this situation. Commissioner Mackley asked if he knew how many log homes were going to be built up there and Mr. Ackerman stated he did not know of any more because it is "not a log home area". Commissioner Mackley stated his point was that nobody knows how long we will be building log homes. Both he and Mr. Ackerman agreed that they would like to have log homes being built for a long time and Commissioner Mackley said. "The logs will have to be stored somewhere." Chris stated this country would have less of a problem if they would separate industry from living area. Mr. Cerise responded saying it was the people who lived there all these years who made that country beautiful. A voice exclaimed that the stacking of logs doesn't make it beautiful. Chris reiterated the process the subdivision had to go through in order to get where they are and the same efforts should be made to keep it as it was. He expressed concern regarding the fire problem with having a chain saw operating with no water or safety factors in the permit. His homeowners insurance agent had a real concern about having people working up there on a permanent basis which is what this will be since logs taken out will be replaced by others. Chairman Smith asked Mr. Hendricks what insurance he had and he replied none other than the general contractor's building liability insurance and fire would possibility be covered under that policy. The Commissioners who had been in the area said they had not noticed any log operation and a complaint was made from the audience that if they had to pass the pile every day, they would notice it. "It is a 'thorn' in our side. It's just ugly. The equipment is very ugly and the pile is not neat." Chairman Smith requested the Public Hearing to be closed again since it had been extended. Commissioner Arbaney made a motion that the Public Hearing be reclosed. Commissioner Mackley seconded the motion; carried. Commissioner Mackley made a motion that the Board approve the Special use Permit for natural resource storage and processing for Douglas Cerise and Brad Hendricks on a tract of land located in portions of Section 18 and 19, T7S, R87W and Sections 13 and 24, T7S, R88W; more practically described as a tract of land located approximately 3 1/2 miles north of the State Highway 82 and County Road 103 intersection off of County Road 103 with the conditions of approval as stated in the staff comments dated April 2, 1990 and after discussion with Mark and Mr. Hendricks regarding the additional conditions of approval to least affect surrounding landowners, he withdrew his motion. The Board directed Mark to return to the meeting in the afternoon with his suggestions for the conditions of approval to complete the motion. ABATEMENTS -COLE, FINNIGAN, BIOFEEDBACK, SEARSY Sworn in was Ken Call, County Assessor, who discussed the abatement requests. Commissioner Mackley made a motion that the Board approve and the Chairman be authorized to sign the abatements for Steven C. & Nancy G. Searcy for $58.88, Robert F. Finnigan for $722.60, Biofeedback & Stress Management Center for $107.51, Adreaan Van'Thoff for $40.30, Henry & Lillie Govone for $3,036.97, and Kenneth D. & Betty E. Cole for $50.00. Commissioner Arbaney seconded the motion; carried. r April, 1990 -Page 554 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 PUBLIC HEARING FOR A SPECIAL USE PERMIT FOR DOUG CERISE AND BRAD HENDRICKS (CONTINUED FROM MORNING HEARING) The Public Hearing for a Special use Permit for a log storage area was reopened and Stan Matthes, 0488 Stage Road, Pitkin County, Colorado was sworn in. He presented pictures of the subject log pile and they were accepted into the record as Exhibits "H" and "J". He stated he had recently purchased property inunediately adjacent to the subject property and expressed his concern regarding the view of the log storage area. He had not thought too much about visual aspect until it was apparent it may become permanent. He expressed his appreciation that the hours of operation were in the conditions of approval and I suggested that it would be possible to lower the elevation and use the dirt being moved to put on his own property for a berm between Hawk Ridge and the log operation. This berm could be landscaped. He is willing to donate this part of his land for this purpose although he is too far above the log storage to be affected by this berm and knows his property value will be effected. He wanted to see mitigation for visual impact and dust control in a way that would not create bad feelings on either side. Brad Hendricks discussed the possibility of moving the storage. Mr. Matthes wanted to know exactly what he was going to have to look at and Mr. Cerise asked what he wanted to see and the answer was, "your pasture". Mr. Cerise asked if he would rather see the logs removed or the machinery and he answero;id, "the machinery" and stated he wanted to know what to expect, for how long, and to see some rules about what should go on there so he would not have to complain about something happening beyond what was expected. The pictures Mr. Matthes presented were taken to the right of where he is building and at the fence line, not from his building site. Mr. Hendricks reiterated that the operation was not that extensive with limited trips in and out and stated the condition of the log pile and the site has been unchanged since before Mr. Matthes bought his property at which time he could have found out more about the permit upon calling the Garfield Planning Department. Mr. Hendricks also stated that he had been in touch with Dewey Fonte and H. P. Hanson, adjacent property owners notified, and neither one expressed any opposition. Someone in the audience mentioned that there wasn't quite the number of logs or equipment as there is today. Mr. Hendrick's stated there had been no more logs brought in but only brought out. He had moved no equipment in or out since November, 1989. Mr. Matthes stated the "short of it" was that if he had known then what he knows now, he would not have purchased the property and for all of the homeowners living on that road, it would be nice not to see a conunercial operation underway beside the road at all times. Mr. Cerise stated that his ranching operation was a conunercial operation producing 50 tons of beef a year. He suggested a solution to the problem may be to move the log pile about 300 yards south of where it is presently and where there is a natural berm. There's a ditch there that will have to be considered but if this were done, he could I use the land cleaned for the log pile for new pasture. It would not be bermed from the road but would protect the residential view and any sound would be lessened. The highest resident stated he agreed with the suggested move as long as it was safe. Mr. Hendricks stated there would be absolutely no burning. Mark Bean and Don DeFord discussed whether the move would change the application and it was within the entire acreage owned by Mr. Cerise and would not necessitate a new permit. Don stated the new one-acre decided upon should be in the conditions of approval. Mr. Hendricks discussed the equipment allowable on the property and Mark stated the agricultural equipment would be allowed. Mr. Hendricks described the suggested new area·and drew a map on the board for the neighbors pointing out the highest point and other factors. There was considerable discussion regarding the suggested new site. Mr. Hendricks stated he was willing to satisfy the neighbor's desires as far as sound and dust control but questioned the possibly of promising a neat pile of logs to the satisfaction of Caroline Ackerman because the log pile is very orderly in his eyes and it would be difficult to pile them according to her wishes. There was further discussion regarding the feasibility and desireability of where the pile could be I I April, 1990 -Page 555 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO April 2, 1990 moved and the effect of it. Mr. Hendricks said he felt the move was a good possibility but it has to be worked out with Mr. Cerise. The Board directed them to all get together and come to an agreement regarding the type of screening, the placement of the logs, etc. Mark stated that Sec 5.03.08 in the conditions of approval deals with heat, dust, smoke, vibration, glare, odor and other undesireable and environmental effects plus another section which deals with noise. Mr. Hendricks stated the cutting with a chain saw is not part of the operation with the exception of cutting a 40' log into 20' to move it. Chairman Smith clarified for the record that "log operation" meant storing and hand-peeling with draw knives and axes and Mark stated that was within the conditions of approval. Don recommended language to require the applicant to repermit in one year and that " ... or revocation of permit" be omitted because a permit can be revoked at any time for violation, not just at the one-year review. Notification of the annual review may be made to the Homeowner's Association. An added condition requiring a redefined location for the proposed log storage/processing area was discussed. Commissioner Arbaney made a motion that the Public Hearing be closed. Commissioner Mackley seconded the motion; carried. Commissioner Mackley made a motion the Board approve the Special Use Permit for a log storage/operation for Doug Cerise and Brad Hendricks with the conditions of approval as stated in the Staff Comments with the following additions: "That the applicant submit a modified site plan noting the location extent of the proposed log storage/processing area prior to issuance of permit."; "That only non-agricultural heavy equipment allowed it must be pertinent to the operation; and No. 5 read, "That the applicant be required to submit to annual review for the plans with the conditions of approval after notification of the Hawk Ridge Homeowner's Association by return receipt mail after which a public hearing may be scheduled to consider modification of the conditions of approval." Commissioner Arbaney seconded the motion; carried. HAWK RIDGE SUBDIVISION AMENDED PLAT After discussion with Mark regarding the request for an amended plat in the Hawk Ridge Subdivision, Commissioner Arbaney made a motion that the Chairman be authorized to sign the amended plat of lots 1 and 7 in the Hawk Ridge Subdivision. Commissioner Mackley seconded the motion; carried. COLORADO MOUNTAIN COLLEGE SPECIAL EVENT LIQUOR LICENSE After discussion with Mildred regarding the application for a special events liquor license, Commissioner Arbaney made a motion that the Board approve and the Chairman be authorized to sign a special events liquor license for Colorado Mountain College Phi Theta Kappa for April 21, 1990. Commissioner Mackley seconded the motion; carried. COTTONWOOD HOLLOW AMENDED PLAT Mark discussed the amended plat in the Cottonwood Hollow Subdivision and Commissioner Arbaney made a motion that the Chairman be authorized to sign the amended plat to modify a building envelope on lot 12 for Stephanie Nye in the Cottonwood Hollow Subdivision. Commissioner Mackley seconded the motion; carried. BONNEVILLE FUELS/CER ROAD MAINTENANCE King Lloyd, Road & Bridge Supervisor stated that there had been considerable deliberation between the attorneys of the gas companies, Bonneville Fuels and CER, and himself to come up with a system to accomodate the operation of the gas companies and their use of county roads most economically and at the same time t~ protect the County's interest. Controlled access with amendments was discussed with the proposal that one gas company go in and proceed with their operation under the County guidelines. Once that operation is done then the next gas company, the first one being CER, may proceed with their operation. The criteria established for vehicles requiring an escort or pilot car service is as follows: 3 or more trucks at one time which July, 1991 -Page 96 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO July 8, 1991 Georgia Chamberlain regarding the banking agreement, the Board directed him to let Ms. Chamberlain know they wished the issue to go before the Investment Committee before any decision is made on the RFP. DELINQUENT TAX LIST PUBLICATION BIDS After discussion with Mark regarding the memo from County Treasurer Georgia Chamberlain stating her need for authority to publicize the tax sales listing, Commissioner Arbaney made a motion that the Board authorize County Treasurer Georgia Chamberlain to request bid proposals for the publication of the Delinquent Tax List for the tax sale in November. Commissioner Smith seconded the motion; carried. BUILDING AND PLANNING DEPARTMENTAL REPORTS Mark Bean, Director of Regulatory Offices, gave the monthly report on the Building and Planning activities in the County. LIQUOR LICENSE -GARFIELD COUNTY AIRPORT AUTHORITY After discussion with Mildred regarding the request to use County property at the airport for a Special Events liquor license during the air show August 2, 3 & 4, 1991. Commissioner Smith made a motion that the Chairman be authorized to sign a letter authorizing the Rotary Club of Rifle to use the County property at the airport for a special events liquor license for the air show. Commissioner Arbaney seconded the motion; carried. TOWN OF NEW CASTLE/STATE BICYCLE CHAMPIONSHIP RACE This item was postponed to later in the meeting. PUBLIC HEARING FOR CONSIDERATION OF MODIFICATION OF CONDITIONS OF APPROVAL FOR SPECIAL USE PERMIT APPROVED BY RESOLUTION NO. 90-038; APPLICANT, DOUGLAS CERISE RANCH/BRAD HENDRICKS Don discussed with Mark the proof of publication and proof of mailings and the Board found both proofs to be adequate. Accepted into the record as Exhibit "A" was the proof of publication and Exhibit "B" as the mail receipts. Mark presented copies of the minutes from the April 1, 1990 Commissioner's meeting, pages 547 through 552 and 554 through 555 and they were accepted into the record as Exhibit "C". The copy of Resolution No. 90-038 was accepted into the record as Exhibit "D". Sworn in was Mark Bean; Brad Hendricks, representing the applicant, and Chris Locher, President of the Hawk Ridge Homeowner's Association, including adjacent property owners. Mr. Locher, 15 Old Orchard, stated that he believed the log pile was a problem because an adjacent lot that was for sale could not be sold because of the visible log pile and one homeowner will not pay his homeowner's dues because he feels he is not being taken care of. He felt the log pile could be considered as an on-going construction site which was one thing the County had put a time limit of one year on at the time they accepted the Hawk Ridge [ PUD. He still believed the log pile was not in the best interest of t the health, convenience, prosperity or welfare of the citizens of Garfield County. He stated that 90% of the time more than one construction vehicle was on site and mentioned the loader which had to be used in the winter to get the trucks out. There were too many people working there and chain saws were used too much without fire protection which concerned the insurance companies of the homeowners. It devalues the property around it and he felt that Missouri Heights was developing into a residential area, that this use was no longer what the Commissioners had in mind for that area and that the log storage needed to be moved elsewhere. Brad Hendricks expressed his opinion that the County's agricultural/ rural/residential zoning has somehow been subtly subverted into low density residential where the ag/rural has to be compatible with residential instead of residential being compatible with ag/rural and that some people may feel that Hawk Ridge is actually in non-compliance instead of the log storage. He denied ever being in violation of the allowed number of vehicles stating that they never have had more than one for more than 7 days. He explained the use of the loader in November mentioned by Mr. Locher. He estimated the amount of chainsawing done in the last year would be comparable to doing one cord of firewood into 18" pieces. They use the same fire protection the [ L July, 1991 -Page 97 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY. COLORADO July 8, 1991 Forest Service demands in the woods. There has never been a stack of wood over 15' high. He stated they were 100% in compliance with the conditions of approval for this permit. He also stated they have had no more than 3 people peeling logs once for one week and 2 on a few other projects. Chairman Mackley explained the problems involved in an growing area where agriculture was being moved into by residents and the cooperation needed from both to co-exist together. There followed a discussion regarding what could be done to satisfy the neighboring landowners and yet still allow this land use. Mr. Locher stated the visible machinery being relocated during non-use would be satisfactory and after a discussion regarding how to get the machinery out of sight when not being used, especially in the winter, and the possibility of moving the machinery to the other side of the hill out of sight, the Board directed Brad and Chris to come to an agreement and return to the Board for any amendments to the conditions of approval. There being no further testimony, Commissioner Smith made a motion that the Public Hearing be closed. Commissioner Arbaney seconded the motion; carried. The Board directed that the yearly review of the conditions of approval on this permit be continued. HAZMAT During the lunch hour, there was a meeting with the Grand Junction Fire Chief, Mike Thompson, and two of his firemen, Drew Reekie and Ken Dixon regarding the possibility of Garfield County joining them in a program with hazardous materials. Also present were Garfield County Sheriff, Verne Soucie; Director of Regulatory Offices, Mark Bean; Director of Operations, Dale Hancock; and Communications Center Director, Mike Gauthier. The Board directed the Grand Junction Firemen to keep in touch regarding this program. LIBRARY BOARD There was an interview with Annie Jolley for the position of the Library Board and after discussion and review of the applicants, Commissioner Smith made a motion that the Board appoint Annie Jolley as a member of the Library Board to complete the term vacated by Andrew Segura. Commissioner Arbaney seconded the motion; carried. ALARM SYSTEM -SUPERIOR ALARMS After discussion with Mike Gauthier, Manager of the Communications Center, and Bob Muzick of Superior Alarms regarding the changes in the systems contract, Commissioner Smith made a motion that the Chairman be authorized to sign the agreement with Superior Alarm of Garfield County and the resolution regulating the placement of alarm and paging systems within Garfield County Communications Services. Commissioner Arbaney seconded the motion; carried. EXECUTIVE SESSION -LAND USE REGULATIONS FOR OIL & GAS Don DeFord and Mark Bean, Director of Regulatory Offices discussed the Leidtke Development Corporation drilling and DOE drilling and Mesa County's actions for regulating these activities. Commissioner Smith made a motion that the Board come out of Executive session and reconvene as the Board of County Commissioners. Commissioner Arbaney seconded the motion; carried. Commissioner Arbaney made a motion that the Board go into Executive Session to discuss establishment of certain field rules for oil and gas regulations similar to what Mesa County is doing. Commissioner Smith seconded the motion; carried. COMMUNICATION CENTER/MUNICIPALITIES -USER FEES There was a discussion with Dale Hancock, Director of Operations and Mike Gauthier, Manager of the Communications Center regarding user fees for the Communication Center. Municipality representatives present were Bob Halbert, Glenwood Springs Police Chief; Frank Breslin, New Castle Mayor; Ed Foster, Silt Police Dept.; John Steele, Silt Mayor; Jim Yale, Silt Town Manager; Ross Talbott, Silt/New Castle Fire Protection District; and Davis Farrar, Carbondale. It was the general consensus of those present representing municipalities that a user fee would be financially unfeasible for the smaller municipalities and that a sales tax to increase revenue was needed. The Board requested each entity to provide statistics on the costs involved in their services.