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HomeMy WebLinkAbout3.0 Meeting Minutes• • 12-13-76 The regular meeting of the Board of County Commissioners was held December 13, 1976, beginning at 10:00 A.M., there being present Commissioners Cerise, Mattivi and Hill, Commissioners Elect Jolley and Velasquez, and Adm. Assistant Esther Piper. Bob Witkowski, County Planner, and Doyle Likely presented a petition for SB 35 exemption for Doyle Likely for a split of 2.7 acres in Chelyn Acres. He requested a parcel .7 acres for use by his father so that he would be near him. Mr. Witkowski recommended denial on the basis that zoning requires a minimum size of two acres. Access and water were no problem. Charlotte Zilm, closest neighbor, stated that they had no objection. Mr. Mattivi suggested an on site inspection. Tabled for inspection. Mr. Witkowski presented a petition for SB 35 exemption for John Dwire for a three way split of 22 acres near Silt. All three parcels have adequate building sites. Water is from a spring and access is no problem. Mr. Witkowski recommended approval, subject to the water being filed upon. Mr. Mattivi moved that the SB 35 exemption for John Dwire be granted subject to the water from the spring being filed upon. Seconded by Mr. Hill. Motion carried unanimously. Fee $57.00 paid. Adjourned to make two on site inspections: Doyle Likely and Owen Holgate. Adjourned for lunch. Reconvened at 1:30 P.M. Municipalities in Garfield County were invited to submit requests for improvements to State Highways in their area. This will be included with the County presentation at the public hearing in Grand Junction on January 20, 1977. Mark Bean, Planner for Carbondale, requested: 1. Channelize and signalize intersection of Highway 133 and Snowmass Drive (truck bypass), and Highway 133 and the entrance to the high school at Carbondale. 2. Begin planning, engineering and right-of-way studies to four -lane, with a median, Highway 133 from Highway 82 to Main Street in Carbondale. 3. Continue working on a four lane of Highway 82 to Aspen. John West, Glenwood Springs City Manager, requested: 1. Replacement with better signal lights at 8th and 9th Sts.. and Grand Ave. Would recommend ones with left turn cycle. 2. New traffic lights at 10th or llth st. and Grand Ave. 3. Incorporation of accel/deceleration lanes at 14th Street and Grand Ave. with median to control turning movements. 4. Continued study of a Highway 82 By-pass thru Glenwood. 5. Consideration of tearing up and repaving Highway 82 from 6th Street to 23rd Street with re -doing of curbing and striping. Other town and county requests to be as listed in letter of Sept. 3, 1976, to Club 20. • 12-13-76 Page 2 • • Public hearing continued from December 7th was held for the zone change to PUD for Riverbend Subdivision and for preliminary plat approval. This is a joint public hearing with the Planning and Zoning Commission and the County Commissioners. Hamilton Duncan, Developer, and Bob Wamsley, Engineer, present. Bob Witkowski, County Planner, submitted proof of publication of public hearing notice, and proof of notification to adjacent landowners. There are three private landowners and the BLM and Forest Service. Both Forest Service and BLM have given waivers of notice. Mr. Witkowski reviewed the project. He discussed the fact that the subdivision is located in two school districts and he recommended that it all be in one for practical purposes. Donation of land for the school site was discussed. For final plat approval the change in school boundaries will be required. Any site selection must be contingent upon the ability to purchase additional land to allow for a larger site. The State Dept. of Water Resources had no objection. USGS had some objections to Phase V and they will be worked out at the.time of preliminary plat approval for Phase V. Hamilton Duncan stated that they have drilled five water wells which have been pumped and tested. Phase V is the only part that is currently agricultural land to be developed, except for the school site. Mr. Duncan asked about protection against down zoning. He was informed that that is always a right the County keeps. Mr. Witkowski presented his conditions for approval by the Planning Commission. He added that the Planning Commission must find this project to be in conformance with the 1968 General Plan. Mr. Duncan questioned why the convenience store was delayed to Phase V. After discussion as to why limit it at all but let that be governed by need, it was agreed that the condition be changed to read "when need demonstrated to the Planning Commission." Dale Albertson, Vice Chairman Planning Commission, appointed Ed Chelewski as a voiting member in place of Dr. Jackson who was absent. Dick Martin moved that the request for a zone change to Planned Unit Development be granted with the following conditions: (Type conditions) Seconded by Arnold Mackley. Motion carried unanimously. Dick Martin moved approval of the preliminary plat with the following conditions: (Type conditions) Seconded by Dottie Pretti. Motion carried unanimously. Upon recommendation of the Planning Commission, and subject to the conditions listed in the recommendation, Mr. Mattivi moved that the request for a zone change to PUD be granted and that the County Planner be instructed to write a Resolution. Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi moved approval of the preliminary plat for Riverbend Subdivision, subject to the conditions listed in the recommendation by the Planning Commission. Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi moved approval of the minutes of the meeting of Nov. 29. Seconded by Mr. Hill. Motion carried. Mr. Cerise abstained as he was not present at the meeting. • • 12-13-76 Page 3 Mr. Mattivi moved approval of the minutes of the meeting Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi moved approval of the minutes of the meeting Seconded by Mr. Hill. Motion carried unanimously. Carpet bids discussed. If it is a choice of carpet for the Commissioners' room or improvements to the problem of noise in the Adm. Assistants' office, Mr. Velasquez felt the noise problem should have priority. Mr. Mattivi moved that the low bid of $2016.00 from Walts Custom Carpet Service be accepted. Seconded by Mr. Hill. Motion carried unanimously. Mr. Smallwood was instructed to check on improvements for sound in the Adm. Assistant's office. Mrs. Piper informed Commissioners of a request to salvage at the land fill. The Commissioners were unanimous for safety reasons in denying this request. Mr. Hill moved adoption of Resolution No. 76-77 voiding outstanding warrant No. 21574 for Dept. of Social Services. Seconded by Mr. Mattivi. Motion carried unanimously. Mr. Mattivi moved that the Board of County Commissioners endorse the Yamcolo project on the Yampa River in Garfield County adjacent to Routt County. Seconded by Mr. Hill. Motion carried unanimously. Discussion of SB 35 exemption requests from Doyle Likely and Owen Holgate was held. From their on- site inspection, Commissioners felt approval from the Board of Adjustment should have been obtained by Mr. Likely prior to SB 35 exemption request. Mr. Mattivi moved that the recommendation of the Planner be followed and the SB 35 exemption requests from Doyle Likely and Owen Holgate be denied. Seconded by Mr. Hill. Motion carried unanimously. of December 6. of December 7. Mr. Hill commented on payments -in -lieu. It was the stand of the Inter- state Land group of the 11 Western states that this money should be used in lieu of taxes and should go for general government purposes. Mr. Velasquez asked about the transition meeting. He would like the opportunity to see the actions to be taken that date prior to the meeting to study. Mr. Jolley asked for them two weeks in advance. Mrs. Piper to prepare the information for them. Liquor license renewal for BPOE Lodge No. 2286 at Glenwood Springs was presented for approval. Mr. Hartert, County Attorney, present. He stated that all things were in order. Mr. Hill moved that the renewal be approved. Seconded by Mr. Mattivi. Motion carried unanimously. Mr. Hartert reported that he hand carried the brief to the Colorado Supreme Court on the refusal of Garfield County Assessor to change the assessed valuations in accordance with theState order. Mrs. Piper reported on the U.S. Forest Service request by James L. Mongan that the County enforce the right of the public to access to public lands. 12-13-76 Page 4 Map showing locked gate on Canyon Creek discussed. Mr. Jolley stated that this decision was made by the Supreme Court several years ago. Mr. Hartert to check further and inform the Forest Service. • Meeting continued until 1:30 P.M. December 14, 1976. The regular meeting of the Board of County Commissioners continued from December 13, was held beginning at 1:30 P.M. December 14, 1976. there being present Commissioners Cerise, Hill and Mattivi, Commissioners Elect Jolley and Velasquez and Adm. Assistant Esther Piper. Also present -were Dariel Clark, Nick Massaro, Bud Meisner, Lynn Behrns Dan Deppe, Ron Bausch, Roger Hocking, Mark Bean, John West, Owen Holgate, and Steve Schmitz. Purpose of the meeting was to present requests to be included with Garfield County's request for funding from the Oil Shale Trust Fund. Mr. Dariel Clark, RE 2 School District, requested $126,000 to cover the cost of over -runs at the New Castle school. Mr. Massaro, RE 1 School District, requested $49,891 to cover loss of state equalization due to increased enrollment and for additional welding class. Bud Meisner presented the request from the Town of Rifle: 1. Expansion of the sewage treatment plant, Phase I, $438,000 if the EPA grant is not approved. If the grant is approved they request the city share of $109,687. 2. Sewer lift station st the Colorado River, $66,825. 3. Relocation of library. Town has $19,000 now, would need additional $31.000. 4. Continued funding of Planning efforts, $10,000. John West, City Manager of Glenwood Springs, spoke in support of the Library request for relocation. They need the space occupied by the Library in the municipal building. He will make some proposals to Commissioners in January. Ron Bausch, Library Director, presented a request for new facilities in Rifle, Carbondale and Glenwood Springs in the amount of $820,000. There would be 10,500 sq. ft. in Glenwood, and 5,000 sq. ft. each in Rifle and Carbondale, He also requested $94,000 for materials and books. Owen Holgate presented the request for the Town of Carbondale: 1. Expansion of the sewer plant, $479,000 2. Municipal building, could include the Library, $150,000 3. Paving, curb and gutters, $450,000 4. Recreation program and facilities, $38,000 Mrs. Piper presented the request by the County for replacement of the Grand Valley bridge. The structure is estimated to be 500 feet long x 35 feet wide and cost $31 per sq. foot. Plus approaches, channel improvements, removal of existing structures, utilities, 12-13-76 Page 5 :engineering, and contingencies would bring the total to $709,500. Also requested by the County is $25,000 for land acquisition at the Airport and $25,000 to construct a new access road on the East side of the runway at the airport. Steve Schmitz, Director COG, informed Commissioners that at the last COG meeting the Board approved a regional request for $100,000 to continue the Technical Assistance program for which funding will run out. Setting of priorities was tabled until December 20th. Mr. Mattivi moved that the Chairman be authorized to sign the amended report of certification of levies. Amended report includes certification of mill levies for the Rifle Fire Protection District of 3 mills, Silt -New Castle Fire Protection District 3 mills, and the mill levy for the Eagle School D:;_strict 50-J. Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi moved that the request of Kay Johnson for an assigned salary voucher be approved. Miss Johnson is going on vacation the 17th of Dec. and will return Jan. 5th. Seconded by Mr. Hill. Motion carried unanimously. Mrs. Piper was instructed to set up a meeting with Commissioners of elected officials to discuss salaries for proposed legislation next year. Meeting will be Dec. 20th. Holidays for Christmas and New Years was discussed. Commissioners agreed that the Road Dept. will be given Dec. 24th off as a holiday. Mrs. Piper to inform them. It was suggested that the courthouse be kept open with each department using their discretion as to the number of employees and their work schedule. Meeting adjourned 4:00 P.M. • Proceedings of the Board of County Commissioners, Garfield County, Colo., III. 0. I. 11.. NOVEMBJiR 19 76 Mr. Mattivi moved that the mill levies for the special districts he certified as submitted to them. Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi moved that Jerry Hartert be appointed to represent .Tim Drinkhouse in the action regarding assessed valuations in the County. Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi moved that the liquor license renewal for the Red Steer Inc. be approved, all things being in order. Seconded by Mr. 11i11. Motion carried unanimously Mr. Hill moved that the liquor license renewals for Robert L. Masias, La Hacienda Restaurant, and for the BPOE Lodge No. 2195 at Rifle, be approved. Seconded by Mr. Mattivi. Motion carried unanimously. Tom Young of the Four Mile Coal Company explained that he has no plans at this time to expand the coal mine. He did ask permission to build a new•tiple. He plans to have three men at the mine and they will extract about 100 tons of coal per day. There should be no impact on the road. Leo Swartzendruber asked about the Antlers Orchard Subdivision and right of way on the roads. He was in- structed to have a survey made and then request the County to vacate all over 25' from either side of the centerline of the roads in question. A presentation was made to Berenice McDonald, County Treasurer, for 40 years of service to Garfield County, 25 of which she has been County Treasurer. Al Maggard presented estimates on the cost to move the transmitter at Sunlight and the antennas to the Mountain View Building. He requested authorization to spend the money in the amount of $982.50. Mr. Mattivi moved that Mr. Maggard be authorized to start the move. Seconded by Mr. Hill. Motion carried unanimously. Mr. Mattivi informed the Commissioners and Commissioners -elect of a joint meeting of all Commissioners in Region XI to be held in Grand Junction at the Mesa County Commissioners' office on Friday, November 19th, at 7:30 p.m. Meeting adjourned at 4:30 p.m. Ella Stephens, Clerk Flaven J. Cerise, Chairman MONDAY, NOVEMBER 22, 1976 The regular meeting of the Board of County Commissioners was held November 22, 1976, beginning at 10:00 a.m. there being present Chairman Flaven J. Cerise, Commissioners Pete Mattivi and Lynn Hill, Commissioners - elect Dick Jolley and Larry Velasquez, and Administrative Assistant Esther Piper. Al Maggard opened the only bid received, from Motorola,on the new radio system. The total bid was $38,552.10, which included: Dispatch consoles - $17,086; Repeater and main base station - $4,684; Telephone patch system - $2,130; 2 -way radio - $1,665; Conversion of radios - $13,026.10; installation of console - $741; installation of repeater and transmitter - $885. Also bid was status map, optional - $6,610. Delayed for four weeks was the voting system. No bid was made on Auto Tx ID System. Al Maggard is to analyze the bid and review it with the Communications Board for recommendation to the Commissioners on November 29th. 90% of the total cost will be funded by the federal government. Dariel Clark, Lynn Behrns, Mr. Blackmore, and Mrs. Roberts presented a request for a wider road to the high school at Rifle. It is only 30 feet wide now and with the new junior high school going in, this will create a problem in traffic. Currently, right of way is needed for a water line so that the pavement will not have to be cut. The distance is between 1/2 and 3/4 miles, and an additional 30 feet would be needed. Also discussed was the vacation of a small strip of county road which is no longer used due to correcting an intersection. Mr. Clark asked what was fair - should the county or the school pay for the necessary work to be done to obtain more right-of-way. Bob Scarrow, County Surveyor, and Jerry Hartert, County Attorney, also present. After review of the problems, Mr. Hartert stated that if the road was to be a public road, the county should be the entity to do the project. It was turned over to Mr. Hartert and Mr. Scarrow to contact the property. owner to see if he will give right of way and to see first what the county road right-of-way currently is. The Commissioners agreed they would abandon the small strip of county road not used since the correction of the intersection near the northwest city limits of Rifle as long as the property owner has access. County Sanitarian Ed Feld reported on suggestions for the panel for the CCI program. He also discussed problems in his department and a request from the State to do work for them on inspections. If he agrees to do public accommodations, it will require an additional employee and is a program that the State is supposed to do. He was advised to contact the State to see if they were willing to pay a fee for services he does for them. The following liquor license renewals were presented: The Apple Inn at Sunlight, Frank's Fireside Inn and the Gold Lantern package store in West Glenwood, and a change from restaurant to tavern license for Stella Woolley at the Out West Bar $ Cafe in Rifle. All were found to be in order. Mr. Mattivi moved that they be approved. Seconded by Mr. Hill. Motion carried unanimously. Mr. Hartert explained the condemnation case and asked to have the Chairman sign an interrogatory stating that the Commissioners had not given advice to the State Highway Department in regard to location of gravel pits. The Chairman was authorized to sign the statement. Adjourned for lunch. Reconvened at 1:30 p.m. • Proceedings of the Board of County Commissioners, Garfield County, Colo., NOVEMBER 19 76 A discussion was held concerning issuing vouchers to pay for registration, etc. in advance of meetings. The matter was tabled. A SB -35 exemption for William C. $Viola M. Moore was presented by Bob Witkowski, County Planner. They have 40 acres and want to split it into two tracts of 35 and 5 acres. .Located on Holmes Mesa. There are no problems and Mr. Witkowski recommended approval. Mr. Mattivi moved that the SB -35 exemption for William C. and Viola M. Moore be granted. Seconded by Mr. 1ii11. Motion carried unanimously. #76-71. Fee $55 paid A SB -35 exemption was presented by Ann Robinson for 82 acres on Rifle Creek. She wants to split approxi- mately 12 acres off. After discussion it was recommended by Mr. Witkowski to approve. She stated that it could be more than the 12 acres. Mr. Hill moved that the SB -35 exemption for Ann Robinson be approved. Seconded by Mr. Mattivi. Motion carried unanimously. Fee of $62.00 paid. #76-72. A SB -35 exemption for Sylmar Veterinary Medical Clinic, Inc. Robert Collett, was presented by Bob Witkowski There is no third party ownership. It is an exchange of one acre from an adjacent landowner. Mr. Witkowsk recommended approval. Mr. Hill moved that the SB -35 exemption for Sylmar Veterinary Medical Clinic, Inc. be approved. Seconded by Mr. Mattivi. Motion carried unanimously. Fee of $51.00 paid. #76-70. Betty Woolley, Rifle area County Health Nurse, who has resigned, stopped by to say goodbye. An exemption from SB.. -35 for Owen Holgate was presented by Mr. Witkowski and by Bob Emerson, attorney for Mr. Holgate. They requested a split of 5 acres into two parcels of 2-1/2 acres each on the Dinkle Lake Road near Carbondale. Mr. Witkowski explained the problems: this is the product of a prior exemption; access is questionable; useable acreage is much less than the 2-1/2 acres. He recommended denial. Mr. Emerson presented copies of letters from County Sanitarian Ed Feld stating that there were no physical problems on water and sewer; and a letter from Collins Drilling stating that there is water sufficient for two dwellings. Mr. Holgate stated that this parcel of land existed before SB -35 or county zoning regula- tions. Mr. Cerise stated he had had several calls objecting to the split, and he suggested an on-site inspection. Mr. Witkowski stated that the land isn't suitable for two homes and that it is too high density for the topography of the land. It was tabled for an on-site inspection. Fee of $52.00 paid. Attorney Bob Chaffin presented a SB -35 exemption request for Clifford T. and Hazel M. Barksdale, for a division of 35 acres into two parcels of 10 acres and 25 acres on Cattle Creek. There were no problems and Mr. Witkowski recommended approval. Mr. Mattivi moved that the SB -35 exemption for Clifford T. and Hazel M. Barksdale be granted. Seconded by Mr. Hill. Motion carried unanimously. Fee of $60.00 paid. #76 A request for exemption from SB -35 was presented for John S. and Josephine L. Turk and Steven L. and Gloria Strouse. This request is for a split of 14-1/2 acres on West Elk Creek into two parcels of 7.3 acres each. There were no problems and Mr. Witkowski recommended approval. Mr. Hill moved that SB -35 exemption be granted for John S. and Josephine L. Turk and Steven L. and Gloria Strouse. Seconded by Mr. Mattivi. Motion carried unanimously. Fee of $57.00 paid. #76-74. A letter•was read from White $ Sons Construction requesting that the concrete decking on the Catherine Bridge be delayed until spring. Upon recommendation of Ed Hansen, resident engineer of the State Highway Department, and Mr. Cerise in whose district the bridge is located, it was agreed to grant the delay. The policy on vouchers was again discussed. It was agreed that the policy will be not to pay in advance for attendance at meetings without approval of the Commissioners. Robert Richardson presented a SB -35 exemption request on 16-1/2 acres in Rifle for a three-way split. There were no problems and Mr. Witkowski recommended approval. Mr. Hill moved that the exemption from SB -35 for Robert J. and Marjorie Richardson be granted. Seconded by Mr. Mattivi. Motion carried unani- mously. Fee of $57.00 paid. Correction of legal description of property to be made. #76-75. Berenice McDonald informed the Commissioners of a notice to appear in a bankruptcy suit and asked for advice. She was referred to the County Attorney. Mr. Hill moved that the minutes of the meetings of November 1, 3 and 8 be approved. Seconded by Mr. Mattivi. Motion carried unanimously. Bill Dodds -Scott introduced Jerry VanderVelte, new owner of Scott Rubbish Removal. Mr. VanderVelte dis- cussed leasing of the dumps. Mr. Hill reviewed a proposal for salvage at the Rifle landfill. Mr. Cerise informed Mr. VanderVelte that Mr. Scott has not been paying for use of the Rifle landfill and that the Commissioners will have to reconsider this. Mr. Mattivi explained that leasing of the Rifle landfill might not be possible as it is leased to us from the BLM. Mr. VanderVelte asked the feeling of the Board. The Board of Commissioners felt this would take a lot more information and study before they could comment,. but they would like to have it off their hands if possible. Mr. Cerise stated we still have an obligation to the cities of Rifle and Glenwood Springs and there are still a lot of areas to consider. Meeting adjourned at 4:30 p.m. Ella Stephens, Clerk Flaven J. Cerise, Chairman 73. • 1 January 24, 1977 Mr. Robert B. Emerson Attorney at Law 303 Main Carbondale, Colorado 81623 Re: Senate Bill 35 Exemption - Owen Holgate Dear Mr. Emerson: Enclosed is a copy of the minutes of the County Commissioners' meeting of December 13, 1976 at which the motion to deny Owen Holgate's subdivision exemption request was approved. The action is listed on Page 3 of the minutes. According to the Commissioners' secretary, the minutes have been approved by the Board and are in the process of being incorporated into the Commissioners' Book. I am sorry for the oversight in notification which caused this delay. I have spoken with Mr. Gerald Hartert concerning the status of appeal that could be made in this matter. It was his opinion that since the exemption authority is part of Senate Bill 35 and the County Subdivision Ordinance, that any appeal of the action by the Board of County Commissioners would bbve to go through the court system. The appeal process as outlined in the Zoning Ordinance of the County which sets the Board of Adjustment up as the reviewing authority pertains only to matters concerning the Z_oninn Ordinance. Actions which involve permits, interpretations of the Zoning Ordinance or requested amendments of that ordinance, are covered by the appeal process, not actions which are taken under the subdivision authority of the County. If you have any further questions, Gerry suggested that you give him a call. RAW/kay Enclosure Sincerely, Robert A. Witkowski Di rector