HomeMy WebLinkAbout4.0 Minutes-BOCC ActionL
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PUBLTc MEETTNG uto suBDrvrsroN ExEI4PrroN *t ',t LocArED oFF couNrY
ROAD 241 NORTH OF NEW CASTLE; APPLICANT, CLEO FERRIN
Don di-scussed the legal notice requirements with the applicant and the
Board found them to be adequate. County Planner Andrew l"lcGregor
reviewed. the staff commentJ and stated that the staff recommended the
matter be continued until the following issues can be addressed in
greater detail: The access easement accommodating the additional lots,
[ne Urritding permit and I.S.D.S. permit for the "cabin", water supply
for each paicef, and that the unpermitted "cabin" be vacated until
approval ?or occupancy according to zoning regulations. The exemption
iE-a l4-acre tract to be subdivided into 3 parcels-
Mr. Ferrin stated the well on the 3-acre parcel was for the big house
and could serve 3 houses and one acre of irrigation. However, it was
discovered that it was for in-house use only. The other well was for
the cabin and will run 6 to 10 gallons per minute.
Dwight Whitehead, State of Colorado Division of Water Resources, stated
their question is how and when was the l4-acre tract created. The
4.2-aciepiecehasadeedrecordedMarch29,I972i@e246,andldeedfora10-acrepiecewasreCordedi,
December 29, L972. Because the deeds were not recorded before
September L t the €ountlz- considers it a l-4-acre tract. This makes it
difficult to get permits. The question is whether the County can
consider the 4-acre tract pre L972 making it a Iegally created tract or
it is post L972. If the County would provide a letter of commitment
stating it is pre L972 tract, a well permit would be issued on the
4-acre tract and one on the L0 acre tract. If the lO-acre tract is
considered pre-1972 concerning the splitr dD additional household use
only well permit should be permitted. It witl be more difficult if the
Cou-nty considered it post L9?2 because only one exempt well will be
permitted and it will have to augmented.
bon stated the position of staff is that it is a l4-acre parcel because
the statutes say to consider the deed itself as the transfer of the
property and therefore, that date is the technical date the parcel
iom-es iirto existence - not at the time it's contracted for but at the
time it is actually transferred. That makes it a post-SB 35 and
therefore it exists as a lega1 l4-acre parcel.
Mr. Ferrin stated there was an unrecorded survey of the property but
Don stated that does not" change the legal status of the property.
Dave Carroll, L76O Co Rd 24Lt a renter of the cabin, stated he and his
family would be displaced if this issue is resolved in favor of the
applicants and requested to be aIl-owed to remain living where he was
until things get straightened out.
Fred Davidson t L744 Co Rd 24L, a property owner in the area, expressed
his concern regarding the well situation because each year there is
some red sand in their household use only well and requested the state
to take a good look at how the wells are functioning at the present
time before allowing more wells there. The road easement is very steep
and difficult to maintain and the increase of traffic will make it more
difficult. He addressed other concerns in his letter.
Patricia Feust, adjoining property owner and well sharer, exPressed her
concerns regarding the impact of the water. The well they are going to
be drilling will be one more well and if the Ferrins get their
subdivision, there will be possibly 3 more wells. They do get red
water once in awhile. She was also concerned about the dust on the
road and requested the Board deny the exemption.
I'like Utterback, ex son-in-law, discussed the improvements on the cabin
and expressed his concern regarding the well problems and the road
conditions.
Harry lrtussell expressed his concern regarding the weII problem stating
that in l-978 he was denied a well permit because there was not enough
water left in the aquifer to supply any more water in that area. He
was also concerned regarding the traffic impact and safety.
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Mrs. Ferrin ai".O"d the sharing of the ,"f tnd the traf f ic problems
stating she and Mr. Ferrin should not be receiving calls regarding
speeders on the road - the sheriff should be calLed.
Mr. Ferrin stated that their intention was to move back to the ranch
and there would be no other people there. He stated there was a legal
septic system for the cabin and the wiring is legal. The 3 parcels are
being created because the cabin needs to be rented to pay taxes and it
cannot be rented unless it is on a separate parcel.
There was considerable discussion regarding the division of the
property to solve the well problems. The Board tabled the matter until
September L4, L992 and suggested that, due to the complications in this
malter, they should get an attorney and provide proof in court that the
parcels existed pre or post-1-972 and directed them to evict the tenants
in the cabin until September L4, L992.
COI'NTY GOAIS AND OBJECTIVES
There was a discussion with the Department Heads and Election Officials
regarding County goals and objective. After discussion regarding the
marketable real property belonging to the County, Chuck was directed to
get with Purchasing Agent, Mike McBreen, to go out for RFP for
appraisals on the 22 acres on Cattle Creek across from the junk yard,
on Donegan Road below the golf course and the Parachute property.
There was also discussion regarding improvements necessary on various
buildings for ADA requirements.
WOOD LANDING PUD REVOCATION
Commissioner Smith made a motion that the Chairrnan be authorized to
sign Resolution No. 92-053 concerning the revocation of a Planned Unit
Development Zone District Designation and Rezoning the property to
agricultural/residential/rural density and agricultural/industrial for
property owned by Gene R. Hilton. Commissioner Arbaney seconded the
motion; camied.
GLENWOOD SPRINGS URBA}iI BOUNDARY CHANGE REQUEST
Commissioner Smith made a motion that the Chair:man be authorized to
sign Resolution No. 92-054 concerning the defining of the Federal Urban
Boundaries for Glenwood Springs, Colorado. Commissioner Arbaney
seconded the motion; carried.
AIRPORT CONTRACT
Commissioner Smith made a motion that the Chairman be authorized to
sign 3 copies Sponsor Certification for construction contracts for the
airport contingent upon the review of the County Attorney.
Commissioner Arbaney seconded the motion; carried.
BOWEN EDWARDS DECISION DISCUSSION
There was considerable discussion with Iv1ark Bean, Director of
Regulatory Offices and Don DeFord regarding the decision of the Bowen
Edwards case decision and the affect it will have on the zoning
enforcements of Garfield County. This was a discussion on1y.
MTNUTES . MAY 4 AND 11, L992
Commissioner Smith made a motion that the Board approve the minutes of
the May 4 and 11, L992 meetings with the following corrections: May 4
- page L, line L4, spelling of "their"; line 33, spelling of "lease";Iine 6L, spelling of "Latinos"; page 6, line 46, "Ruth" Perry instead
of "Bruce" Perry; May 5r page 7, line 52, pluralize "Commissioners";Ilay LLr page 6, Iine 35, spelling of the name "Kallenberger"; page 2l
Iine 43, clarify who "Dave" is; line 2, "...the Board." should replace
"...these positions. "; page 3, lines 5l--53, clarify; line 12, omit
"the"; Iine 2, add "road" after "Iandfi11"; page 4, Iine 45, replace
"that" with rratr' Iine 62, replace "...bog there." with "...€t low spot
at the intersection."; page 5, lines 36-38, omit; Iines 39-4L, correct
sentencei page 6, line L2, correct type of car. Commissioner Arbaney
seconded the motion; carried.
Commissioner Smith made a motion that the meeting be adjourned.
Commissioner Arbaney seconded the motion; carried.
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o June 15, L992
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS,
GARFIELD COUNTY, COLORADO
The regular meeting of the Board of County Commissioners began at g:00
A.M. on Monday, June 15, L992 with chairman Arnord L. Mackley andCommissioners Elmer (Buckey) Arbaney and Marian I. Smith pre-ent. AIsopresent were Administrator Chuck Deschenes, Attorney Don DeFord andClerk A Recorder Mildred A1sdorf.
JAIL POPULATION/CRIME REPORTSheriff verne soucie reported the jail population to be 76 7 inother jails, 40 local, 1 Doc, 29 in work release and 6 females. Healso discussed with Undersheriff Lewy Bumis a statistical report onthe increase in major crimes in the area because there may need to be abudget adjustment for increase of overtime/manpower.
CHIP A}ID SEAI BTDSAfter discussion with Mike McBreen, purchasing Agent, regarding anerror in the name of the company awarded the chip and seil bid;Commissioner Arbaney made a motion that a correction be made on theprevious motion to award the chip and seal bid to Roaring Fork Sand &Gravel. The name of the company awarded the bid was GMCO instead.Commissioner Smith seconded the motion; carried.
COUNTY ROAD 3].5 CONSTRUCTION RFPJerry Gamba and Tom Zancanella of Jerome Gamba & Assoc. discussed theRFP for construction on Co Rd 315 (Mamm Creek). The Board explainedthe money grant would only allow phasing of c6nstruction on tLe entireroad and the necessity of diverting heawy traffic onto this road due toincreased oil well drilling in that area. There was discussion as towhether the Board intended the RFP to include engineering for theentire project and the advantage of having aerial analysis for thewhole project. The Board directed him to provide estimates on theengineering from Jenkins cutoff to Dry Hollow Road and Mr. Gamba statedhe would get air photos of the option route up Nuckolls Creek for abetter view which wouLd be more feasible.
URBAIiI BOUNDARY
Robin Millyard, Public Works Director for the City of Glenwood Springs,discussed the request from Glenwood Springs to adopt a new urbanboundary which encroaches upon portions oi County property. This isnot an annexatio[r - just a state reclassification, and does not changeany taxation. It is a sphere of influence and does not affect theHighway User Fund and since it is along Midland Avenue, it also doesnot affect the proposed alternate route. The Board had no problemapproving a resolution for this new urban boundary if it do6s notaffect the HUTF and directed Mark Bean, Director of negulatory Officesand Personnel, to call Ken Culbertson with Highway Useis Tax FundDivision in the state to ascertain if this tuna w6uld be affected.
COUNTY ROAD 3]-5 CONSTRUCTION RFPJeff simonson of schmueser Gordon Meyer discussed co Rd 3L5construction RFP and the reguirement for performance and paymentbonds. Chuck stated they were not applicibte. The Board e-xplained thesa-me- funding and phasing problems as-Lhey explained to Mr. Gamba andask him to- provide engineering proposals for the 5 l-l2 miles startingat the asphalt at the Mamm Creek Interchange to Jenkins cutoff and alsoan extra proposal to- study both Jenkins cutoff and the other road qoingacross Nuckolls creek to Dry Holrow with aerial photos
COKE O\rENS DEDICATION TO FRONTIER HISTORICAI SOCIETYCommissioner Smith discussed the reguest from Jan Riley of the FrontierHistorical society for the Board,s ipproval for the HistoricalSociety's Board to request direct aonation of the coke ovens to themsl:nc9 they are_ a non-profit 501c3 group. It was the general consensusof the Board that a direct donation woutd be the pref6rable method touse.
PEST & WEED REPORT
Dave Gallagher, Pest & Weed Manager, gave his report of the pest & weedactivities.
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COOPERATIVE '"*"'NT' O
There was a discussion with Steve Stearns-Smith, Extension Director,discussed 4-H enrollment and discussed the possibility of increasingthe mireage reimbursement for personar use of vans toi +-Htransportation from $.25lmile to $.35/per mile when the van is carryingmore than 4 people. He reported an expected budget shortfall fromtravel expenses and equipment repairs. It was suggested }arger rentalor_deposit be charged for the VCR and the overhead projector to hetpdefray some costs. After discussion, Commissioner Smitfr made a motionthat the reimbursement for use of a personal van carrying 4 or mo.repeopre be changed to $.35/mire since the county van crrarfe is$.35/mi1e, that it be strictly monitored by the uxtensioi Director,department head or elected official involved. Commissioner Arbaneyseconded the motion; carried.
BATTLEMENT MESA PARTNERS REZONING REQUESTMark Bean, Director of Regulatory Offices and Personnel, discussed twozoning change reguests and the necessity to refer them to the planning
Commission. Commissioner Smith made a motion that the Board refer therequest from Battlement Mesa Partners for a zone modification of theflood plain designations originally designated by the Federal EmergencyManagement Agency. Commissioner Arbaney secondea tne motion; carried.-
ADAIR RIPPY REZONE
Commissioner Arbaney made a motion that the Board refer the request tothe Planning Commission from Adair Rippy for a rezoning of his propertyfrom A/r Eo C/G. Commissioner Smith ieconded the moti5n; carrild -
NO NAME WASTE WATER TREATMENT STTE APPLICATIONMark discussed the proposed waste water treatment system at the No Namerest stop and the request from the Department of Transportation for apermit to have a 4900 ga11on per day waste water treatment.Commissioner Smith made a motion that the Board approve the siteapplication for the domestic waste water treatmenL-works for theColorado Department of Transportation at the No Name Rest Stop area.Commissioner Arbaney seconded the motion; carried.
BOARD OF HEAITH - NO NAME WASTE WATER TREATMENT SITE APPLICATIONCommissioner Smith made a motion that the Board of County Commissionersadjourn and the Board of Health convene. Commissioner arbaney secondedthe motion; carried.
Commissioner Smith made a motion that the Board approve the siteapplication for the domestic waste water treatmenl-works for theColorado Department of Transportation at the No Name Rest Stop area.Commissioner Arbaney seconded the motion; carried.
Commissioner Smith made a motion that the Board of Health adjourn andthe Board of County Commissioners reconvene. Commissioner aibaneyseconded the motion; carried.
TAX COLLECTION REPORT
Georgia Chamberlain, Treasurer, gave a report on the tax collections to
9*t: and requested an executive iession to discuss Rif1e ViIIage Southlitigation.
EXECUTTVE sEssroN - RrFLE vrLr,AGE sourH LrrrcATroNCommissioner Smith made a motion that the Board go into ExecutiveSession to discuss the Rifle Village South litigition. CommissionerArbaney seconded the motion; carried. Commissi6ner Smith made a motionthat the Board come out of Executive Session and reconvene as the Boardof County Commissioners. Commissioner Arbaney seconded the motion;carried.
WESTERN SLOPE BUSINESS ASSOCIATION - COUNTY ROAD WETGHT LTMITATIONSDaye Sturges, Attorney for the Western Slope Business Association(wqB+), and Doug wight, member of the WSBA, discussed their concernsand interest in resolving the problems witir the weight limitations androad improvements for overweight trucks on county roads. They have acommittee and want the opportunity to provide inlut as to what roadsshould be improved for overweight-vehiiles and what limitations shouldbe. Bob Pretti expressed thei; concern regarding discriminationagainst the farming and construction trucking on the county roads.Dave Gibbons suggestJ-ng a mapping_system similar to the state system.Page 2
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tA meeting was "tran the committee on June 29, Lgg2 at ?:30 P.M. andthe 5mpact of the Bowen-Edwards case Supreme Court decision wasdiscussed. Don stated that the case may result in the County being
allowed to regulate oil & gas in those areas where there is nocontradictory regulation to the Oil & Gas Commission. This needs to be
Iooked at to see what degree it will allow the county land use control
on the oil and gas companies. Chairman Mackley will make sure the
Cattlemen's Association will be invited to the June 29Eh meeting.
PUBLIC MEETING FOR A SUBDIVISION EXEMPTION REQUEST LOCATED AT THE
INTERSECTION OF COUNTY ROAD 323 AND COUNTY ROAD 320i APPLICANT, NORI"IAN
SCHMECKLE
Don discussed the legal notice requirement with the applicant and the
Board found them to be adequate. County Planner Andrew IvlcGregor
reviewed the staff commentJ and after dlscussion regarding th;preli-minary well permit letter from the state assuring a well permitwiII be made following the passing of the resolution of approval forthe exemption, Commissioner Smith made a motion that the Board approvethe subdivision exemption for Norman Schneckle with the conditions ofapproval as stated in the staff comments dated June 15, L992.
Conmissioner Arbaney seconded the motion; carried.
EXECUTIVE SESSION - ASPEN GLEN PUD
Commissioner Smith made a motion that the Board go into Executive
Session to receive legal advice regarding the Aspen GIen PUD.
Commissioner Arbaney seconded the motion; carried. 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.
ROAD AND BRIDGE DISCUSSION
There was a discussion with King Lloyd, Road & Bridge Supervisor,regarding the activities of that department. No decisions ordirections were given.
SAND AI{D GRAVEL BID SIMPLIFICATION
Fred Frei of Frei Sand & Gravel discussed the possibility ofsimplifying the bid documents on the sand & gravel bids and the Boardagreed. They wiII discussed the matter with Don who stated aperformance contract is not needed for purchase of materials and this
document is a modified purchase order. Don wiII review the documents.
ABATEMENTS - BALL A}.ID ROSRTCH
Sworn in was Assessor Ken CaIl who discussed the abatements requested.
Commissioner Smith made a motion that the Public Hearing be closed.
Commissioner Arbaney seconded the motion; carried. Commissioner Smith
made a motion that the Board approve and the Chaitrnan be authorized tosign the following abatements: Schedule #34001-9, Ralph & Marillm BaIlfor $128.64; Schedule #0L32l-0, RosRich, Ltd. for 9538.16. CommissionerArbaney seconded the motion; carried.
ABATEI,IENT - ASPHALT PAVING HEARING SET
Commissioner Arbaney made a motion that a Public Hearing be set on JuIy6t L992 at L0:45 A.M. for the abatement of Asphalt paving.
Commissioner Smith seconded the motion; carried.
PAYABLE CLAIMS AGATNST THE COUNTYAfter discussion with Chuck regarding the bills for the month of !tay,L992, Commissioner Smith made a motion that the Board approve thepalrment of the claims against the County for the 2nd run May, L992 andthe Chairman be authorized to sign the resoLution regarding thisapproval. Commissioner Arbaney seconded the motion; carried.
BUDGET AMENDMENT
Commissioner Smith made a motion that the Board transfer from thecontingency fund approximately $23t937 into the 84-L SpecialImprovement District Fund and that the money received from outstandingstreet assessment payments be credited to the contingency fund. Themotion also included that the Professional Services line item for legalexpenditures in the Treasurer's budget be increased. CommissionerArbaney seconded the motion; carried.
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