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HomeMy WebLinkAboutResolution 84-95• • STATE OF COLORADO County of Garfield At a ............. r..~gu.J.ar. .................................... meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on ..................... Monday. ............................................ , the ........... 2.l.s.t ................. day o f ............. t/R-.Y ................................. A. D. 19 .... 8.~ ..... , there were present: ....... ~.'?:!:'.f.Y. ... X~J.'?:§.9.\.!~.~ ............................................ , Commissioner Chairman ....... ~.~~-~!?.~ .... '.'.~J!!!'.'. ... .9.!.J!:.J:sl!:g.\.!§.~ ....................... , Commissioner ....... U.§:..Y..~.~ ... :!..: .... ~:O:.f.~.?!.~ ..... (9.R:?.~D .t.J .................. , Commissioner Earl Rhodes .......................................................................................... , County Atto rney Mi ldred Alsdorf ....•..................................................................................... , Clerk o f the Board when the following proceedings, among others were h ad and done, t o -wit: RESOLUT IO N NO. 84-~9 ~5 __ AMENDED RESOLUTION CONCERNED WITH AN APPLICATION FOR A CONDITIONA L USE COMPANY THE CONDITIONAL APPROVAL OF PER MIT BY COLORADO L IE N WHEREAS, this Board of County Commissioners adopted Resolution No. 83-166 on July 25, 1983, which Res olution is affirmed , except as to Approv al Condition Nos. 2 and 8; WHEREAS, Colorado Lien Company filed suit Garfield County in Civil Action No. 83CV269 for relief to Rule 106, C.R.C.P.; and against pursuant WHEREAS, the parti es are desirous of resolving this matter and, to this end, thi s Board of County Commission ers i s adopting this Amended Resolution Concerned with the Conditional Approval of an Application for a Conditional Use Permit by Colorado Lien Company. NOW, THEREFORE, BE IT RESOL VED that th e conditional use permit application of th e Colorado Lien Company be and h e reby is approved and authoriz ed to be issued, and effective upon and during compliance with th e following condit ions: 1. That Condition No s . 1, 3-7 Nos. 2 and 8, of Re s olu tion No. pertaining thereto in said Resolution, effect . and 9, 83-166 , are in e xcept Condition and all findings full force and 2. That Condition No. 2 of Resol ution No. 83 -1 66 is hereby repealed. 3. That Condition No. 8 is hereby modified so that it reads as follows: 8. The applicant's activities in use of State Highway 325 as a haul restricted as follow s : r e gards to the road shall be a. The applicant shall promote public safety by means of r estricting its truc k traffic in a manner in which a r easonably prudent person would do under similar circumstances , and adopt the following measures which are includ ed by way of example , but not limitation: i. The applicant shall coordinate with the RE-2 School Di strict to insure that truck traffic will not oppo se school bus traffic ; ii. All trucks shall b e equipped wi th Jake brakes; iii. The length of vehicles shall be limited to thirty-eigh t (3 8) feet ; iv. All safety requirements of the Safety Department of Transportation shall be implemented; v. Tacographs will be installed in all vehicles to monitor vehicle speed and engine r.p.m. to provide additional checks on vehicle safety and speed on highway; vi. Driv ers shall be paid on a per hour basis rather than on a per load hauled basis in order to reduce incentiv e for high speed ; v11. The applicant shall make available to Garfield County the following information : 1. Number of citations issued to indivifual drivers, if any ; 2. Number of motor vehicle accidents involvin g 3. 4. Colorado Lien drivers, if any ; Number of deer killed, if any ; Number of loads hauled per we e k; 5. Number of workers employed ; 6. Monthly quarry output ; 7. Other information to show compliance with State Regulations; b. Truck traffic will be limited to the hours between 7:00 a.m. and 5:00 p.m. during summer months, and daylight hours in the winter . No loads will be haulded after 3:00 p.m. Friday , on weekends or on State or National holidays; c. That, in accordance with the terms of the letter agreement of April 30, 1984, a copy of which is marked Exhibit "A", attached hereto and incorporated herein by reference, the Colorado Lien Company s hall perform such work as is provided for in said letter as an ongoing condition of said Company's conditional use p er mit. That the Colorado Lien Company shall not be required, as a condition of said conditional use permit, to do any other work than as i s provid ed for in the April 30, 1984 letter, and only upon the conditions as set forth therein. Upon motion duly made and seconde d, the foregoing Resolut ion was adopted by the following vote: ATTEST: __k_arry Vel'!§.rn_ _____________________________ , Aye ~~ne _.'.'~J_l!l~'-J2r.J.J1-~QQ_t,l_s~------------------____ , Aye _Il§_ye11_ __ J_~-_ Q~.rj __ §.~--(~_l?§_e ntJ_________________ , Aye Commissioners ~~~~h~~~1',(~ 2