Loading...
HomeMy WebLinkAbout04.0 BOCC Minutes 03.28.1977Attorney Ron Johnson requested an exemption from SB -35 on land in the Catherine Store area for Rimledge Mining,James Noennig, Trustee. They have 139.96 acres and want to split it into two parcels of 105 and 34.96 acres. It will not be sold to a third party. Mr. Witkowski pointed out that there was no direct access to the smaller parcel and said that a new resolution would have to be drawn up stipulating that an easement be provided through the 105 -acre parcel. Mr. Velasquez moved that the exemption be granted contingent upon access being allowed. Seconded by Mr. Cerise. Carried unanimously. Fee of $50 received. Steve Schmitz appeared again, saying that Dick Bowman of the State Health Department had said that the sewer system at Apple Tree Park was adequate for 400 families. Bob Witkowski said that Ed Feld had checked it out and also said it was adequate. There have also been complaints of "brown" water,but it does not violate health laws and is due to mineral content. Meeting adjourned at 5 :20 p.m. DEPUTY LERK; +F E BOARD Monday, march 28,I977 CHAIRMAN The Garfield County Board of Commissioners met in regular session on Monday, March 28, 1977,their being present Chairman Richard C. Jolley, Commissioners Larry Velasquez and Flaven Cerise. The Commissioners met as the Board of Communications beginning at 10 :00 a.m. At 11:00 a.m. they ad- journed as the Board of Communications and reconvened as the Board of Commissioners. Mr. Cerise moved that the County commit a maximum of $7,000 toward the purchase of communications equipment provided that a grant for the balance of the cost be approved. Mr. Velasquez seconded the motion. Carried unanimously.. Meeting of Board of Commissioners adjourned and reconvened as Board of Communications. Reconvened as Board of Commissioners. Present were Secretary Nancy Page, Road Supervisor Bob Arnold, and County Attorney Jerry Hartert. Also present were Rifle Planner Lynn Behrns, RE -2 School Board President Bob Adams and Asst. Superintendent W.B. FitzSimmons. The purpose of the meeting was to dis- cuss widening the county road that leads up to the new Rifle High School. The most pressing need is right of way for a water line to the school. If the road is to be widened, the present utilities will have to be relocated. Three different property owners are involved. Fences and trees will also have to be removed. It was decided that the city and the school will have to set up a meeting with Public Service to discuss the matter. Adjourned for lunch. Reconvened at 1:30 p.m. Present were Mary Rahjes, State Health Dept. Nursing Consultant, County Health Officer Dr. Mary Jo Jacobs, County Nurses Jo Terry and Mary Meisner and several others. Ms. Rahjes reported H.B. 1364 was currently being reviewed by the legislature and that it would provide for funding of one -third of county nursing services. She also said that the JBC has proposed that county nursing services be supplemented on a per capita basis, that $1.93 would be paid for every person served. In rural areas such as ours, however, the county would lose. It was suggested that the Commissioners contact our legislators in Denver and inform them that Garfield County supported H.B. 1364 but not the JBC pro- posal. Ms. Rahjes said that they had met with Claggett Memorial that morning and they aregoing to con- tinue their home health services. They usually only serve those patients they can collect from, whereas the County does not collect for services. Currently, there is no provision for collection and it would cause another position to be created if there were. She brought up the matter of the school nurses. Commissioners informed her that they had met with the three school superintendents involved last week and that they had discussed possibilities for providing school coverage. Ms. Rahjes said that the county is eligible for reimbursement from the state while the schools are not. Dr. Jacobs said that school nurses do not receive supervision while county nurses do. Mr. Velasquez asked for guidelines from the nurses so that we know how to budget as the county grows. Dr. Jacobs said that intake and services should be studied as population increases. Mr. Velasquez moved that the minutes of the meeting of 3/21/77 be approved as written. Seconded by Mr. Cerise. Carried unanimously. Mr. Cerise moved that the County write a letter to the State Highway Commission stating opposition to Pitkin County's proposal of diverting land acquisition funds for Highway 82 for "spot safety improv- ments". Seconded by Mr. Velasquez. Carried unanimously. The Commissioners authorized Ms. Page to place ads for the position of purchasing agent. Mr. Cerise moved that the two requests submitted by Barton Porter for exemptions from SB -35 be approved. These are for 2 seven acre tracts in the Silt area. Mr. Velasquez seconded the motion. Carried un- animously. Resolutions #77.29 and #77.30 A public hearing was held on a special use permit for a gravel pit for Lee Holmes. The site proposed is on the old Sievers' ranch south of Glenwood on the west side of the Roaring Fork Ranch across from Cattle Creek. The attorney for the applicant, Leonard Liss presented proof of publication, proof of notification of adjacent property owners and a site map. He said that the applicants are the grand- children of the original homesteader. He described the proposed operation and site, saying that the site is not arable land, thatthere is little topsoil and the only vegetation is sagebrush. He also said that loaded gravel trucks would use the county road on the west side of the river to Carbondale, rather than use the Hardwick Bridge, which only has a load limit of 17 tons. He also described the plan for re- clamation after the pit is spent. They plan to put in a washer plant and later a concrete plant.County Building Inspector Bud Milner said however that the zoning allows extraction and processing but not fabrication. Mr. Cerise said that at this point, we are only considering extraction and processing. Mr. Jolley asked of anyone present wanted to comment favorably. Mr. Hartert pointed out that the area covenants do not bind the Commissioners, but give them an idea of the character of the area. Mr. Velasquez asked if Mr. Fields would meet the space requirement and also if the permit could be granted stipulating that the trailer would be off the property at the end of one year. Mr. Hartert replied that Mr. Fields would have to meet the space requirement, and that yes, the permit could be so written, but that if Mr. Fields refused to move it at the end of a year', the matter would have to go to court and could take another year or two to actually get it off. Mr. Cerise said he wants to see a copy of Mr. Field's deed to the land before he makes a decision. Mr. Cerise moved that the decision be delayed until 3 p.m. on April 11. Seconded by Mr. Velasquez. Carried unanimously. Road Supervisor Bob Arnold present for the opening of bids for the crusher unit. The following bids were opened: Eldon Ray H.W. Moore Equip. Co. Eagle County Shops Clayton Construction Otis E. Andrews $12,500.00 31,750.00 65,353.34 25,050.00 35,250.00 Mr. Cerise moved that we accept the high bid of $65,353.34 from Eagle County. Seconded by Mr. Velasquez. Carried unanimously. Eagle County Road Supervisor Claude Gerard said that we would be paid May 1 for the unit. The meeting was adjourned at 2:20 while the Commisioners attended a meeting with the Library Board at the Glenwood Springs Library. Reconvened at 3:30. The public hearing for a special use permit for Lee Holmes was continued from 3/28/77. Present were Asst. County Attorney K.T. Johnson, Lee Holmes, Harleigh Holmes, Neil Mincer and Charles Post. Mr. Mincer, representing both himself as a property owner, and Union Oil, voiced concerns about dust control and the noise generated by a gravel operation. He said that the county road to be used for hauling is quite dusty already and with 20 or so loads of gravel being hauled over the road every day, it could really present a problem. He also stated that since adjoining pro- perty is not now developed, the noise was immaterial but that it could be a problem later. He asked who was to enforce regulations, the county or individuals. Mr. Velasquez said it was up to the county. Mr. Post, who is the Manager of Oil Shale Lands for Union Oil Company, said that the operation is in plain view of the Union Oil lands across the river and that he felt that would present a problem when Union develps that land, and that Union Oil does object the application. Mr. Milner said that any dust or noise controls would have to be added to the special use permit. Mr. Velasquez moved that we grant the request for the Holmes gravel quarry. Mr. Cerise felt that there should be a stipulation that the opacity from fugitive dust not exceed 20 %. Mr. Velasquez amended his motion to that effect. Seconded by Mr. Cerise. Carried unanimously. Fee of $500.00 received. Helga Konecy, president of the Garfield County Chapter of the Committee to Restore the Constitution was present, as well as Jim Roark. Ms. Konecy read a statement, in which she stated that regional government, as represented by COG, was a conspiracy to deprive us of an elective form of government as provided in the U.S. Constitution. She presented the Commissioners with several pieces of literature. Mr. Cerise stated that since the COG Board was made up of elected officials, he could not agree with her. She said that she deals only with facts and that she would be back next week with more information. Mr. Jolley said that he had questions about COG, and wanted to know what the effects would be if we were not in COG. Mr. Jolley said that the Board would take her state- ments under consideration. Social Services Director Ron Johnson showed the Commissioners a mailgram he intended to sent to Rep. Nancy Dick and Sen. Dick Soash. It was also suggested that he add on a statement that Garfield County supports the 2¢ gasoline tax. Meeting adjourned at 5 P.M. frit 4;? De Ci k f The Boa Chairman Monday, _A ,.r? 77,_7q77 The Garfield County Board of Commissioners met in regular session on Monday, April 11, 1977, beginning at 10 :00 a.m. Present were Chairman Dick Jolley, Commissioners Flaven Cerise and Larry Velasquez, Secretary Nancy Page and Road Supervisor Bob Arnold.. Mr. Arnold discussed a number of items, including work requested by the Airport. He was told that the road department would have to continue to haul water, plow runways, etc. since the airport did not have money budgeted for such things, but that they should be charged for the time and materials spent on their leach field. Mr. Arnold said that he was able to obtain ROW on the Mid - Valley Road, but that he had been asked if the county would accept 40' instead of 50'. Mr. Cerise said no, because we don't know what will happen in that area in years to come, and that we should get 50' now while we are widening the road. There were also brief discussions on buying used trucks and on the 219 projects. Hospital Administrator Al Detwiler and Controller Ed Branson were present to discuss the matter of jail inmates who require medical treatment. Mr. Detwiler said that they usually look to the person treated for payment for services, unless told otherwise, and that the Sheriff had told them that the county would pay for services in some instances. He said that the real problem is when the person does not want treatment and says he will not pay for it. Mr. Hartert said that it is the Sheriff's responsibility to see that a prisoner receives necessary treatment, but that it is not the county's responsibility to pay for such treatment. In instances where an inmate does not want treatment but the Sheriff feels he should have it in order to relieve the county of responsibility, then the concerned about harm to the residents if they super- chlorinated the lines. Ross Talbott asked the Commissioners if the density they we °orcing him to comply with would apply other applicants. Mr. Jolley said that they were consic ._ng changing the mobile home regulatioi__,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 PUB 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 permit 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 inadvertently 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 "1O p.m. 41:64.; Dep y Cleric o the BoardO ,, sue_. r_r 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 8 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 50* 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 8 Walker - KKBNA, James L. Hasbrouck, Bob Tallerico, Merrick 8 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 AI 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 hatching 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 oceedings of the Board of County Commissioners, Garfield County, Colo, Judy , 19___.7.7. 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 adopt 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 Brushing, 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 Hastert 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 & Others Gulf Oil Co. U.S. Gulf Oil Co. U.S. Gulf Oil Co. U.S. Tipperary Corp Sweet Pea Oil , Gas Mont Rouge, Inc. Fuel Resources Dev. Austral Oil Co. Abate /Refund Valuation Refund 3,390 Refund 280 Abatement 28,200 Refund 2,420 Refund 6,190 Refund 2,550 Abatement 980 Abatement 2,050 Refund 1,200 Abatement 36,900 Abatement 15,120 Type of Property Real Real Real Real Real Real Real Real Real Real Real 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 Mr. Hartert and Mr. Drinkhouse reviewed the following petitions for abatement or refund. Since these all involved errors made by the assessor's office, they recommended approval. Mr. Cerise moved that the following be approved. Seconded by Mr. Velasquez, and carried unanimously. Name Donald 4 Judi Waller Orval 4 Jennie Sowder Orval $ Jennie Sowder Wm. Dodds -Scott Jr. F.O.E. Lodge Abate /Refund Valuation Abatement 6,170 Refund 1,240 Refund 1,240 Refund 2,590 Abatement 5,540 Type of Property Real Real Real Real Real 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 $ Marie Morrow Abatement 690 Personal 1976 61.64 Otis F 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 Covillo, 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. /1p1/1 ' De u Cle the Boar _.. Chairman MONDAY, JULY 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 Dariel 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 Proceedings of the Board of County Commissioners, Garfield County, Colo., , 19 2. That the application for approval of the plan of Windemere Associates be and hereby is approved, and shall govern the uses permitted on the described property except as otherwise herein provided, upon the condition that, within six months of the adoption of this Resolution, Applicant shall demonstrate to this Board that provision has been made to provide the improvements within Windemere Planned Unit Development with either central water and sewer service, or individual water and sewer service, or a combination of either, which adequately safeguards the safety of the public, provides certainty of reliable long-range service, and, in order that permanent residency may be assured, may be maintained at a cost consistent with costs for such utility service in the immediate area of the proposed Planned Unit Development, in default of which the above- described lands may, upon Resolution of the Board, be placed once again in the R rsidential /Suburban /General- Limited Zone District, and the approval of the plan may be withdrawn; 3. That the Planned Unit Development shall consist of one Zone District, the boundaries of which shall be indicated as those of Windemere Planned Unit Development, which district shall be identified as and permit the uses which follow: RESIDENTIAL DISTRICT: Use by right: Single family dwellings not to exceed 22 in number, in condominium ownership, roadways and parking, open space. Special and conditional uses: None Minimum area to be dedicated to open space: 4.75 Set back requirements: 25 feet from lot lines Maximum building height: 25 feet Maximum lot coverage: each condominium unit will be constructed on a 25`x30" foundation together with a 12'x14' garage, except six units to be located fronting County Road 130, each of which shall be constructed on 30'x30' foundation. Off street Parking: Each dwelling unit shall have a single car attached garage, a driveway sufficient for a second vehicle, and the exclusive use of a third parking space in a common area located in accordance with set -back requirements, except that each of the six units located fronting County Rd. 130 shall have three parking places in the common driveway. Floor Area: Each dwelling unit shall have a minimum of 1500 square feet of living space, exclusive of garages, except those six units located fronting County Road 130 shall have a minimum of 1800 square feet of living space. Dated this 17th day of October, 1979 ATTEST: ire �7 �f C�S'K 4 t 1 Dean y of th Board BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO hairman Mr. Velasquez moved that the meeting of the Board of Commissioners adjourn and that the meeting of the Board of Health begin. Seconded by Mr. Jolley and carried unanimously. Mr. Velasquez moved that the Chairman be authorized to sign the application for review of water system for Los Amigos Ranch. This has been reviewed by the Planner and the Building Official. Seconded by Mr. Jolley and carried unanimously. Mr. Velasquez then moved that the meeting of the Board of Health be adjourned and the meeting of the Board of Commissioners resum. Seconded by Mr. Jolley and carried unanimously. Mr. Velasquez moved that that the chairman be authorized to sign the water system review application. Seconded by Mr. Jolley and carried unanimously. Meeting adjourned at 4 p.m. ATTEST BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Monday, October 22, 1979 The regular meeting of the Garfield County Board of Commissioners was held on Monday, October 22, 1979, beginning at 10 :00 a.m. Roll call was taken and present were Chairman Pro -Tem Dick Jolley and Commissioner Larry Velasquez, County Attorney Art Abplanalp and Deputy Clerk of the Board, Nancy Page. Chairman Flaven Cerise was in Washington D.C. to attend a briefing on energy conducted by President Jimmy Carter. A public hearing was held on the proposed expansion of the Sievers Ranch gravel pit. The ranch is located on the west side of the Roaring Fork River South of Cattle Creek. The County Attorney read the procedure to be followed during the hearing. The following exhibits were examined and accepted as evidence: Exhibit 1, the application; Exhibit 2, certificate of mailing; Exhibit 3, legal description of the property; Exhibit 4, list of adjacent landowners; Exhibit S, map of the property; Exhibit 6, receipt for the fee; Exhibit 7, traffic count on Road 109; Exhibit 8, letter from the Army Corps of Engineers; Exhibit 9, application to the Mined Land Reclaimation Board. Mr. Jolley swore in witnesses. John Kemp, attorney for the applicant, presented Exhibit 10 and 11, the proof of publication and receipts of mailing, respectively. These were accepted as evidence. I; ?j Proceedings of the Board of County Commissioners, Garfield County, Colo., October 19 79 TOM C. C. NOLCREL CO.. BLOC.. COLO. 31445! s` Mr. Kemp introduced the applicants, Harleigh Holmes, Lee Holmes, Helen Bond, and Dorothy Phipps, and the present pit operator, Howard Vagneur. Larry O'Brien, of 9989 West 60th in Arvada, stated that he is a geological engineer specializing in Mined Land Reclamation permits and that he prepared the information) presented today. He stated that the present permit is a limited permit allows no more than 70 tons to be mined in a year. They now wish to expand to a regular permit and they will comply with all state regula- tions. Mr. O'Brien explained the application. Mr. Jolley asked for comments in favor of the application. Neil Mincer stated that he is one of the landowners in the vicinity and that he also represents Union Oil, and that he has no objections to the expansion. He said he has observed the operation and they have done everything they said they would, and as long as they continue to do so, he favors the permit. Mr. Jolley asked for comments opposing the expansion but there were none. Assistant Planner Stephanie Andreasen told the Beard that Road Supervisor Leonard Bowlby is not concerned about the traffic increase, and that Carbondale Town Manager Skip Flewelling did not care to comment. Mr. Bowlby said the operators have been very cooperative, that they use their own trucks to water the road down and they have been very furnished gravel in spots. Ms Andreasen said her only request would be that they continue to make a water truck available for dust control. Mr. Velasquez moved that the public hearing be closed. Mr. Jolley stepped down: to second the motion. Carried. Mr. Abplanalp asked for a metes and bounds survey of the actual property to be mined. Mr O'Brien explained that the state does not require one and they have not had a survey. After I discussion, Mr. Kemp said they can prepare a description based on physical landmarks. Mr. Abplanalp said that would be satisfactory. Mr. Velasquez moved that a resolution be prepared approving the expansion of the gravel pit on the Sievers Ranch upon receipt of othe description, and with the condition that opacity not exceed 20%, and that the operation comply with the state plan. Mr. Jolley stepped down to second the motion. Carried. Gary Dean and Don Pullman requested that a road improvement district be formed for the roads in Rifle Village South. Mr. Dean said the Metro District is not able to incorporate a road improvement plan at this time. They have obtained an estimate from Elam Construction in the amount of $59,3000 for paving. Mr. Dean- asked if they could bring the roads up to specifications just to the point of gravel. Mr. Velasquez said no, it must be a hard surfact, but that chip and seal is acceptable. Mr. Abplanalp asked if the roads are public and was told that the county does not maintain them but that they are not private. Mr. Pullman asked they can restrict heavy traffic. Mr. Abplanalp said the county can if they are county roads, but that individuals cannot. Mr. Pullman said they would also like to install fire hydrants and asked if these could be included. Mr. Abplanalp said no. Mr. Velasquez pointed out that these are the types of problems we are trying to avoid by requiring developers to do things right before lots are sold. Mr. Abplanalp said that regardless of whether the money comes from bonds or is put up by the county, it will have to go through the county budget. Mr. Velasquez said there is no problem with bonds, but the county should not get into the financing business for all the subdivisions in the county. It was decided that Mr. Dean and Mr. Pullman would contact bonding companies and get a price for chip and seal and get back with the Commissioners. A session was held on the annual presentation to the State Highway Commission to request various improvements to state and federal highways. Although notices had been sent to all of the towns in the county, only Gene Allen from the City of Glenwood was present for the meeting. He showed the plans for the Highway 82 bypass to the Board. Mr. Allen said the City's primary requests are improvements to Grand Avenue from 13th ' f� Street to 23rd STreet, including left turn lanes, and widening of the Grand Avenue Bridge. He said that widening the bridge would require going down to bedrock for support. Mr. Allen emphasized that one truck could close off the birdge, isolating not only Glenwood Springs but the entire Roaring Fork Valley. Meeting recessed for lunch. Reconvened at 1:30 p.m. Roll call was taken and Commissioners Jolley and Velasquez, Ms. Page and Mr. Abplanalp were present. Mr. Cerise absent. A meeting was held on industrial revenue bonds, which would produce mortgage money for low -and middle income housing. Mr. Jolley asked that the companies present make presentations one at a time and that the others leave the room. AI Rozman and Blake Lynch of Bosworth Sullivan told the Commissioners that they have consulted with bond counsel and feel that the county is adequately "grandfathered" under the Allman bill because of the inducement resolution passed last February. Mr.Lynch submitted updated figures, estimating that the interest rate would be 91/4%. His recommendations included that all lenders in the county be in- cluded, that allocations be made to each, and that a co- trustee be utilized only during the origination period. He said they would underwrite for a cost of $19.50 per bond, which is about as low as possible. Boettcher $ Co. was represented by Cheryl Hammer, Jack Pepper and Walt Kane of the First of Denver. Mr. Pepper said they would recommend that the adjusted gross income be set at $26,000, that the issue be in the amount of $15 million and that the interest rate would be 91/4%. Mr. Kane said that if the Commissioners authorize them to go ahead, they would prepare a feasibility study and they could possibly go to market in six weeks. Mr. Velasquez asked what would happen to any excess funds. Mr. Pepper said that they would try to plan so that there are no excess funds, but that any left would go to the County. Bill Foster and Howard Motz of the Housing Assistance Corp. and Brian Curd of Coughlin and Co. told the Commissioners that some changes have been made in their plan since last spring, notably that the 10% participation fee has been eliminated. Mr. Foster said that if the Commissioners decide they do not want to use the Housing Assistance, he would like them to consider using Coughlin anyway, who is presently involved with a number of Western Slope Counties. He said that his organization has taken care of a number of problems in Mesa County that could have been sticky. The presentations from the bonding companies being complete, everyone was back in the room. Ted O'Leary told the Commissioners that the Board of Rdaltors studied the mortgage- backed bonds and has put together a report. He said that while they are not critisizinag the program or the underwriters, because of the way the program has been presented, it sounds like there will be a major impact on the low and middle income housing market. The program has merit at certain purchase prices and income levels but there will not be an impact on the people in the $12,000 - 18,000 income bracket. He said this is meant as criticism I: against the expectation that it will help low income people. Annette Brand said we need housing desperately for moderate and lower income levels and this will help people in small homes move into larger homes, leaving vacant starter homes. Tom Medearis asked if this will affect low income people, like $4000 a year. Mr. Kane said the Commissioners will define the income levels. Mr. Curd said the lending qualifications will determine the lowest income level. Mr. Foster said that this program will not he as effective as a housing authority at the lowest income levels. John Graves said the problem is cost of housing even if people qualify, there is no housing low in cost. Ms. Brand said the average cost of housing is $73,500, but with this financing, we can attract developers to come in and build at the lower prices. Mr Graves said that is the key. Mr. Rozman reported that in Delta County, they did not know how the loans went to those in the $16,000 - 18,000 income range. Mr. Curd said that builders are agreeing to build at a lower cost. Mr. Kane said the program can be adapted to meet the county's particular concerns and issues. Ernie Gianinetti asked who will be the policing authority of all these loans. Mr. Lynch said that the lenders have certain obligations, the bond insurers who would stand to lose, and the trustee and /or administrator would have certain responsibilities. Mr. Gianinetti asked if there are advantages to having local lenders participate financially. Mr. Curd said that can be done, but the problem 26 Proceedings of the Board of County Commissioners, Garfield County, Colo., March 19 80 A public hearing was held on an application for special use permit for a mobile hone by Darryl Brown. Mr. Farrar presented the application for a mobile home special use permit. The mobile home would be placed on 20 acres of ground in Township 7 South, Range 92 West. A well permit had been obtained and sewage would be provided by a septic tank and leach bed. No one appeared in opposition to the special use permit. Mr. Cerise made a motion to approve the special use permit. Mr. Velasquez seconded the motion. Carried unani- mously. A public hearing was held before the Board of Commissioners for application for washing gravel and for a concrete batch plant special use permit for John Powers. The County Attorney read the procedure to be fol- lowed. Sworn in were Ray Baldwin, County Planner, and John Kemp, representing Flash Concrete, Inc. Sub- mitted were Exhibit A, application; Exhibit B -1 to B -17, returned certified mail receipts; Exhibit C, proof of publication; Exhibit D, certificate of mailing; Exhibit E, agreement between Powers and Flash Concrete. Mr. Kemp explained that there was an existing gravel pit already in operation at the location as a pre- existing use. A state permit has been issued to the Colorado Highway Department for gravel for use on Highway 82 at this site. However, when not in use by the Highway Department, the Applicants are requesting to use the gravel pit and also plan to wash gravel and mix concrete at this site. Elmo Pandofini was sworn in as secretary- treasurer of Flash Concrete. He entered Exhibit F, a sketch of the proposed batch plant which was 45 -feet in height. He explained that, at first, a portable batch plant of approximately 35 -feet would be installed and later the permanent plant would take its place. The Commissioners informed the Applicants that the area they proposed to locate the batch plant was zoned A /R /RD with a height limitation of 25 feet and they would have to apply for a variance before approval could be given. Charles Foley of Carbondale was sworn in and stated that he was against a permanent use of the gravel pit and this site. He stated he owns land across from the pit and hoped to one day build a house there. Mr. Foley also raised objections against having a batch plant located along a main highway. Dick Martin of Carbondale was sworn in and, contrary to Mr. Foley's testimony, says he owns the property across from the gravel pit. He thinks the gravel industry needs some competition and feels that its location along a main highway is a good idea since it wouldn't be a burden for upkeep on a County road. Howard Vagneur was sworn in and agrees to the proposed site as long as the area was reclaimed. Ray Baldwin expressed concern as to the amount of truck traffic created on Highway 82 and the washing of the trucks at the site. Mr. Velasquez had reservations about issuing the permit because of the height limitation of the A /R /RD zoning and the problems created if they would issue the permit without a variance. Mr. Cerise moved that the public hearing be closed and any decision be delayed until the March 31st Commissioners meeting at 2:30 p.m. when a decision will be rendered. Mr. Velasquez seconded the motion. Carried unanimously. A public hearing was held before the Board of Commissioners for application for a concrete batch plant special use permit for Sievers Ranch $ Development Company. The County Attorney read the procedures to be followed. Ray Baldwin, County Planner was sworn in and submitted the following: Exhibit A, applica- tion; Exhibit A -1, map of the location; Exhibit B -1 to B -13, returned certified mail receipts; Exhibit C, proof of public notice; Exhibit D, certificate of mailing; Exhibit E, letter from Seivers Ranch; Exhibit F, sketch of type of batch plant. The Commissioners informed the Applicants that the area of the proposed batch plant was zoned A /R /RD which imposed a height limitation of 25 feet and that'the sketch plan re- 1 vealed the height of the batch plant to be 29 feet. The Applicants felt that they could lower the batch i plant into the ground at least 4 feet so they could be in compliance with the height limitation. Mr. Vagneur informed the Commissioners that an unlimited gravel permit had already been issued on this specific property. One previous permit and one extension were granted by the Board of Commissioners, but were never ppp acted upon. Dick Martin of Carbondale was sworn in and stated the batch plant should be allowed, so that the gravel industry might be a little more competitive. He did, however, express concern over the dust created from trucks. After some discussion, Mr. Cerise agreed that it was the County's responsibility to see that the road was oiled. Mr. Velasquez moved to close the public hearing and delay the decision until the Commissioner's meeting on the 31st day of March at 2:45 p.m. Mr. Cerise seconded the motion. Carried unanimously. L Several members of the Airport Authority came before the Board of Commissioners to discuss funding for a much needed overlay to the Airport runway. Dick Stephenson was also present and agreed that the runway needed immediate repairs. It has been four years since any repairs have been made to the runway and the Authority is concerned for the safety of those using the Airport. Dick Stephenson estimated it would take approximately $200,000 to repair the runway, taxiways and the parking areas, but only $130,000 for repairs to the runway itself. Mr. Cerise felt there was little chance to obtain the monies needed from oil shale monies or energy impact funds and that the money was not available through the County. Mr. Jolley suggested that the Airport Secretary compose a letter stating their dilemma, which he would be happy to take to Denver with him on Thursday the 20th of March, and present to Paula Herzmark, Director of the Department of Local Affairs, hoping that she may assist in obtaining some funds for this project. Dick Martin reported to the Commissioners that the FAA had requested 900 new feet of access road be constructed because the construction of the new runway will cut across the existing access road. However, after consulting with Isbill Associates, the FAA agreed to allow a portion of the apron and taxiway to be used as long as signs were posted as to this effect. Mr. Cerise made a motion to authorize the Chairman to sign Resolutions #80 -32 and #80 -33 granting subdivi- sion exemptions to Philip Henke $ Michael Sutton, and Glenn L. Emms respectively. Mr. Velasquez seconded the motion. Carried unanimously. Mr. Cerise made a motion to adjourn as the Board of County Commissioners and reconvene as the Garfield County Board of Health. Seconded by Mr. Velasquez and carried unanimously. The Commissioners were asked to approve the application for construction of a sewage treatment plant for Battlement Mesa on the south L side of the river. Mr. Cerise made a motion to approve the application, seconded by Mr. Velasquez. Car - ried Unanimously. Mr. Cerise made a motion to adjourn as the Garfield County Board of Health and reconvene as the Garfield County Board of Commissioners. Seconded by Mr. Velasquez and carried unanimously. The Commissioners were asked to renew the Stagecoach Inn liquor license. It was noted that Colorado Depart ment of Revenue Liquor License Inspector, Chuck Dotson, has some objections, but that he was not present. This issue was tabled until the next meeting. Mr. Velasquez made a motion to authorize the Chairman to sign a Gravel Agreement with Schmidt -Tiago Con- struction Company, to supply gravel to the County. Seconded by Mr. Cerise and carried unanimously. Mr. Velasquez made a motion to authorize the Chairman to approve an assigned claim of Springs Travel against the County for $338.00, for a round -trip ticket to and from New Orleans for the D.A.'s office. Seconded by Mr. Cerise and carried unanimously. Proceedings of the Board of County C 7issioners, Garfield County, Colo., " -ril THE C. K. HOECKEL CO., DENVER a3os65 Commissioner Cerise made a motion that Resolution #81 -100, resolution concerned with the amendment of Resolution #81 -11, concerned with the conditional approval of an application for a special use permit by Union Oil Company of California, be adopted and included in the Resolutions Book. Commis- sioner Drinkhouse seconded the motion and it was carried. Commissioner Cerise made a motion that Resolution #81 -101, resolution concerned with the transfer of funds from the Garfield County General Fund to the Garfield County Airport Fund in the anticipa- tion of receipt of certain Oil Shale Trust Funds, be adopted and included in the Resolutions Book. Commissioner Drinkhouse seconded the motion and it was carried. Commissioner Cerise made a motion that a public hearing be scheduled regarding a text change amend- ment for churches. Commissioner Drinkhouse seconded the motion and it was carried. This public hearing was set for 9:30 a.m. on May 26, 1981. Mrs. Darlene Dodo and County Planner Terry Bowman appeared before the Board regarding a subdivision exemption located 31 miles north of Rifle on State Road 325. Mrs. Dodo plans to sell one parcel and plans to keep one for herself. The current zoning is A /R /RD. Both parcels will be served by individual septics. It was indicated to the Board that the Division of Water Resources will not allow new wells on the new parcel, but if there is an existing well it can serve both properties. Mrs. Dodo indicated to the Board that she does have an existing well. Commissioner Cerise made a motion that a resolution be prepared approving the subdivision exemption request by Mrs. Darlene Dodo with the condition that water rights be obtained for both parcels and a copy for the well permit be presented to the Planning Office. Commissioner Drinkhouse seconded the motion and the motion was carried. A continued public hearing was held regarding a special use permit application for an asphalt batch plant located 2 miles south of Hardwick Bridge, about z mile east of County Road 109. Mr. Larry O'Brien of the Sievers Ranch and Development Company and Mr. John Kemp, a local attorney, appeared before the Board. Mr. O'Brien was sworn in by Chairman Velasquez. During the prior public hearing it was determined that an impact statement was needed before formal action could be taken on this request. Mr. Kemp presented to the Board the impact statement which has recently been put together by him and representatives from Sievers Ranch and Development Company. This was entered into evi- dence as Exhibit F. Mr. Kemp indicated to the Board that per their request, the location of the batch plant would be set back further than originally indicated on the proposal. There was also some discussion regarding the impact of the batch plant upon the Hardwick Bridge and it was decided that monies should be set aside by Sievers Ranch and Development Company to pay for future improve- ment to the bridge. Commissioner Cerise made a motion that the public hearing be closed. Commis- sioner Drinkhouse seconded the motion and it was carried. Commissioner Cerise made a motion that a resolution be prepared approving the special use permit for the asphalt batch plant located 2 miles south of Hardwick Bridge, about z mile east of County Road 109, with the condition that this be considered a five unit design and that $200 /unit assessment be made for improvements to the Hardwick Bridge. Commissioner Drinkhouse seconded the motion and it was carried. Commissioner Cerise made a motion that a public hearing be scheduled regarding building code changes. Commissioner Drinkhouse seconded the motion and it was carried. The public hearing has been set for 9:00 a.m. , May 26, 1981. Commissioner Cerise made a motion that Resolution #81 -111, establishment of fee upon subdivision exemptions - mitigating impact upon education facilities, be adopted and included in the Resolutions Book. Commissioner Drinkhouse seconded the motion and it was carried. Mr. Jim Goad appeared before the Board on his behalf and on behalf of Mr. Roy Gilmore, who are requesting a subdivision exemption, located one mile east of Catherine Store on Highway 82. County Planner Davis Farrar indicated to the Board that this is a request to divide 42 acres into two parcels of 2 acres and 21 acres each. Access would be from a 20 foot easement. There is an existing well and the new lot would be served by a new well and an individual septic system. Commissioner Drinkhouse made a motion that a resolution be prepared approving the subdivision request by Jim Goad and Roy Gilmore with the condition that both parcels use a common access road. Commissioner Cerise seconded the motion and it was carried. County Planner Farrar presented the prepared resolution to the Board. Commissioner Cerise made a motion that the resolution approving the subdivision..,cxeaption.request by Jim Goad and Roy Gilmore be adopted and included in the Reso- lutions Book. Commissioner Drinkhouse seconded the motion and it was carried. Mr. Calvin Cox appeared before the Board regarding a subdivision exemption located 6 miles southeast of Glenwood Springs on County Road 119. County Planner, Terry Bowman, indicated to the Board that this is a request to divide 16 acres into two parcels of 8 acres each. Current zoning is A /R /RD and Mr. Cox has owned the property for more than five years. The Division of Water Resources will issue well permits in this area and there will be individual septics on each lot. Access to the property would be from Red Canyon Road, County Planner Bowman indicated to the Board that the access from Red Canyon Road is a concern to the Planning Office. But Chairman Velasquez stated for the record that the Board has a great deal of concern for access to this area from Red Canyon Road, but felt that these people have owned this property for many years and the Board feels that the access should be okayed. Commissioner Cerise made a motion that a resolution be prepared approving the subdivision exemption request by Calvin and Paul Cox on their property located 6 miles southeast of Glenwood Springs on County Road 119 and that a fee of $200 per unit be required for impact upon schools. Commissioner Drinkhouse seconded the motion and it was carried. Mr. William R. Stoddard appeared before the Board requesting a subdivision exemption for property located 2 miles southeast of Glenwood Springs on County Road 115 which would divide the property into two parcels. County Planner Terry Bowman indicated to the Board that the two parcels are split by County Road 115. Each parcel will have an individual well and they are allowed in that area and there will be individual septics on each parcel. The current zoning is Open Space Lands. Ms. Bowman presented to the Board a copy of a letter from County Planner Ray Baldwin asking that this request be denied and that it be considered for review along with other property Mr. Stoddard ownes in this area. Commissioner Cerise made a motion that Mr. Stoddard's request for a subdivision exemption, along with his upcoming request for a special use permit application and a discussion with him regarding the new road up Spring Valley be denied and that this be addressed in a total presentation at a future date. Commissioner Cerise withdrew this motion and made a motion that a resolution be prepared denying the subdivision exemption request by Mr. William R. Stoddard for property located 2 miles southeast of Glenwood Springs on County 115. Commissioner Drinkhouse seconded the motion and it was carried. Proceedings of the Board of Count' 'omiznissioners, Garfield County, Colo., Mar ch 19.- 1...... crusher; #81 -70, terminal storage facilities; #81 -71, water storage facility known as Middle Fork Dam and Reservoir; #81 -72, water intake structure; #81 -73, water storage facility known as Davis Gulch Dam and Reservoir; #81 -74, secondary oil shale crusher; #51 -75, plant for processing, upgrading and retorting of oil shale; and #81 -76, mine adits, a mine bench access road, and uses accessory to mining operations. Commissioner Drinkhouse seconded the motion and it was carried. The meeting adjourned at 6:00 p.m. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Deputy C1 Board Chairman Moriday; March' 30, ' 1981 The regular meeting of the Garfield County Board of Commissioners was held on Monday, March 30, 1981, beginning at 9:45 a.m_ Present were Chairman Larry Velasquez and Commissioners Flaven J. Cerise and Eugene "Jim" Drinkhouse. Also present were County Attorney Arthur A. Abplanalp, Jr. and Deputy Clerk of the Board Cheryl J. Koss. Mr. Jim Larson and Ms. Harriet Slagowski, members of the Library Board, appeared before the Board of Commissioners to inform the Board regarding the recent action of the Library Board which resulted in the cancellation of the contracted fund - raising campaign. Mr. Larson stated that there were several reasons for this cancellation and among those reasons were: (1) the lack of definite sites for the construction of the libraries; (2) the recent sales tax referendum; and (3) the uncertainty of the future population of Garfield County. Mr. Larson did mention that the members of the Library Board had received letters from Library Director Ron Bausch stating his intent to resign over this cancellation. The Board of County Commissioners stated that they had no problem with the Library Board's recent action. Planner Terry Bowman appeared before the Board regarding a subdivision exemption on property located 12 miles east of Glenwood Springs on Highway 6 $ 24. Ms. Bowman explained that this is a request to divide 1084 acres into two parcels of 1082 acres and 2 acres so that Mr. Bair can provide a homesite for his son. Commissioner Cerise made a motion that a resolution be prepared approving the subdivision request of J. Golden Bair for property located 12 miles east of Glenwood Springs on Highway 6 & 24 with the conditions that the Planning Office receive a copy of the deed to the son for the 2 acres, a copy of the legal description, proof of easement, and proof of water access. Commissioner Drinkhouse seconded the motion and it was carried. Mr. Richard Murr appeared before the Board regarding a subdivision exemption request for property located in Peach Valley on County Road 214. County Planner Terry Bowman explained to the Board that this is a request to divide 151 acres into three tracts of two, 2 -acre parcels and one 6 -acre parcel. The present zoning is A /R /RD and Mr. Murr has owned the property for more than five years. Water will come from individual wells and there will be individual septics. Each parcel will have an easement from County Road 214. The Division of Water Resources will issue well permits. Commis- sioner Cerise made a motion that a resolution be prepared approving Richard Murr's request for a subdivision exemption on property located in Peach Valley on County Road 214. Commissioner Drinkhouse seconded the motion and it was carried. A public hearing was held regarding a special use permit application to allow an asphalt batch plant in an A /R /RD zoning area, 2 miles south of Hardwick Bridge about z mile east of County Road 109. The applicant is Sievers Ranch and Development Company and they were represented by Mr. Lee Holmes and Mr. John Kemp, attorney. The Chairman swore in Mr. Holmes, Mr. Kemp and County Planner Terry Bowman. County Attorney Arthur A. Abplanalp, Jr. read the hearing procedures. County Planner Bowman presented the following exhibits as evidence: Exhibit A, proof of publication; Exhibit B, return receipts, Exhibit C, vicinity map; Exhibit D, letter of protest stating concern over pollution; and Exhibit E, application. Ms. Bowman explained that the present zoning is A /R /RD and the proposed site is situated on 114 acres and that electricity is available and no water will be needed for the batch plant and chemical toilets will be furnished for the employees. Mr. Holmes stated that there will be very little pollution as there are "scrubbers" in the stacks to clean the air. Mr. Holmes stated that he felt there was a need in Garfield County for an asphalt batch plant. At this time, County Attorney Abplanalp pointed out to the Board that an impact study is necessary before a decision can be made regarding this request. Chairman Velasquez asked if there was anyone in the audience who would like to speak either for or against this request. Mr. Dick Martin was sworn in by Chairman Velasquez. Mr. Martin stated that he felt that there would be some odor from the plant and he wondered where the plant would be located in regards to the proposed acreage. Mr. Holmes stated that the plant could be located further back on his property and the Board felt that this would be a good idea. Mr. Holmes felt that the plant could be moved back another 200 to 300 feet. Chairman Velasquez asked if there were any further comments from the audience and there were none. He then accepted the exhibits that were presented. Commissioner Cerise made a motion that the public hearing be continued until April 20, 1981, at 10:15 a.m. for the presentation of the impact study. Commissioner Drinkhouse seconded the motion and it was carried. A public hearing was held regarding' special use permit application for an open pit sand and gravel mine, 21 miles southwest of Battlement Mesa Cemetery. The applicant was Battlement Mesa, Inc. and they were represented by Tom Ledgerwood. Chairman Velasquez swore in Mr. Ledgerwood and County Planner Terry Bowman. Ms. Bowman stated that there was no proof of publication or any return receipts. Mr. Ledgerwood stated that he felt that it was not necessary to notify the adjacent property owner as they are not within 200 feet of the proposed mine and the nearest adjacent property owner was the Bureau of Land Management. The following exhibits were presented as evidence: Exhibit A, vicinity map; and Exhibit B, map. Commissioner Cerise made a motion that the public hearing be continued until 4:30 p.m. on this date so that Mr. Ledgerwood can contact the Bureau of Land Manage- ment to ascertain whether or not they wish to waive their right to notification. Commissioner Drinkhouse seconded the motion and it was carried. A public hearing was held regarding the special use permit application of CER Corporation for three gas wells to be located on County Road 320 along the Rulison Bridge. Mr. Jim Piccone, attorney,