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HomeMy WebLinkAboutMinutes 08/19/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 19, 1996 Present: George "Bud" Gates Johnnette Phillips James Jolmson, Jr. Jim Hartmann Sara J. Fisher Chairman Commissioner Commissioners County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Gates stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for August 19, 1996, subject to review by County Administrator B) License Agreement between Eagle County and White River Land and Cattle, Ltd., to occupy, use and improve access easement over, across and through Highland Meadow Estates at Castle Peak Ranch C) Approval of Change Order No. 1 to the 1996 Slurry Seal Contract between Eagle County and Halco Patching & Sealing, Inc. D) Approval of Change Order No. 2 to the 1996 Chip Seal Contract between Eagle County and Harry's Heavy Haulers, Inc. E) Resolution 96-109 and Power of Attorney, conferring authority on Attorney's Office to draw on Letter of Credit No. 919-5823 for Michael Bennett for $2,000.00 to expire August 22, 1996 F) Approval of the Water and Sewer Utility Easements at the Eagle County Regional Airport G) Approval of the County Veterans Service Officers monthly report for July 1996 H) Approval of Contracts for the Eagle County Employee Benefits Plan. I) Approval of Water and Sewer Utility Easements at the Eagle County Regional Airport. Second part of item F. Commissioner Jolmson stated he would like to discuss item B. He questioned #5 and the temporary period for parking. He asked to see a change made to this. Mary Jo Berenato, Deputy County Attorney, stated they don't see the need for parking but if they do need to do so, they would want to have it happen expeditiously. Bob Loeffler, Assistant County Attorney, stated item F is actually two parts with the second part being done this morning. The point of F is to provide a utility corridor that runs north/south through the ai~ort, for the benefit of the Town of Gypsum's water and sewer systems. Mr. Lelman and Fritz Schmidt also want to get the benefit of this utility corridor. They hope they have successfully negotiated the document to achieve this. What they would like is approval of item F where they are giving it to the Town of Gypsum and part two where Leiman is given the right to construct on the Town of Gypsum's easement. He would like to see the Chairman authorized to sign the license once an original is available. The Town of Gypsum will be hearing this tomorrow evening. Chairman Gates asked why the County would be doing the negotiation? Mr. Loeffler stated the easement is on the County's land and although it is for the ultimate good of the Town of Gypsum, they will not be building it. At the present moment, because of Mr. Layman's development, he'll be building what is needed. commissioner Jolmson moved to approve the consent calendar as presented adding item I and authorizing the Chairman to sign the license once an original is available. 1 Commissioner Phillips seconded the motion. The vote was declared unanimous. Kurtis & Dawn Greemnan Appeal Mary Jo Berenato presented the hearing for the a~peal of Code Enforcement Officer's decision regarding Grading Permlt #MI10302 for Kurtis E. & Dawn R. Greenman for parcel #2111-023-01-001. commissioner Phillips stated the County Attorney's office has recommended she decline from hearing this item as a voting member of the Board at this time because of the appearance of a conflict of interests. Kevin Lindahl, representing the plaintiff, introduced his clients. He stated B & B excavating is outraged by the service of this violation. He stated Mr. Greeman met with staff about the application for a grading permit. with their advice he pulled the permit and proceeded with the excavating of the property. B & B believe this is a case of selective enforcement. They are outraged by the means in which they were notified. Mr. Lindahl stated this is a code section that is not clear. He believes this is not outlined as an operating permit. All that is required is a grading permit. He challenges Staff to tell them when a special use permit has been required to excavate the soil. He is also concerned with the name callins, etc. against B & B. What he thinks happened is that a grading permit was lssued without the planning staff's knowledge. Mr. Lindahl stated the work being done is to level the property. It is not a mining permit. He pulled a grading permit, a type of building permit. The dirt is being removed only because it must be for preparation for further development. There are two issues, one being dust, but that does not seem to be the one of greatest concern. If there was an oversight on this job, B & B could have been notified and measures would have been taken immediately. The export of the materials from the site is the second issue. If all developers will be required to live by this law, they will be out in force to see that it is uniformly imposed. B & B has always complied with the County's regulations and intend on doing so in the future. They are asking for clarification. Ms. Berenato asked about the exhibits submitted and asked if they should be part of the record. Mr. Lindahl stated yes and he will offer more as they proceed. Chairman Gates introduced the exhibits for the record. Mr. Greeman stated this is the type of situation he was t:ry-ing to avoid. He came to the County, picked up the permit, took it home and fllled it out. He brought it back and was told by two county engineers he needed more information. They wanted more specifics and they reviewed the photograph from their office. He stated he explained to them exactly what would be happening and they were going to be moving some dirt out. He took the form back to B & B and had them fill out the form completely. He stated he told them what he planned on doing and they stated the grading permit is what would be required. Chairman Gates asked who the permit was then presented to. Mr. Greenman stated it was Mike Cruger and another gentleman who is not here today. He believes the permits were filled out accurately which said they would be moving the material. Several days later he was lnformed by B & B there were problems with the dust and they would be shut down. The next day he came and met with Paul Clarkson and Bruce Campbell who said they had the wrong permit and there were numerous complaints on dust. He said Bruce Campbell told him that B & B should know better. He took exception to that as B & B was working under his guidance. Bruce Campbell gave Mr. Greenman the forms to apply for a special use permit. Mrs. Greenman met with Paul Clarkson who then mentioned the excavation was an eyesore and the fill dirt wasn't any good. Mr. Greenman stated he tried to obtain the right permit. Chairman Jolmson asked when they started the land leveling. Mr. Greenman responded he opened the job up on July 4th. The job actually started the 8th. Mr. Greenman stated he did not know he had to come and pick up the permit. He did not have a copy until the day he met with Bruce Ca~bell. COmmlssioner Jolmson asked when he received it. Mr. Lindahl stated the application was submitted on June 26, 1996. There are additional markings on the permit indicating July 2, 1996. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 commissioner Johnson asked about another form signed ln July by Mr. Althoff. Ms. Berenato asked Mr. Greenman if he prepared the application. Mr. Greenman stated he and his wife completed it. Ms. Berenato asked about the statement "disturb and remove" and asked if that is on his copy. She Berenato asked if the County shut down the property. Mr. Greenman stated he shut it down with Bruce Campbell's advice. Bill Ransdale, B & B excavating, stated Mr. Greenman came to him with a sketch to submit to the County. Mr. Ransdale stated he reviewed it for submission to the County. They started an excavation site in Brush Creek and started hauling the dirt on Monday the 8th. He said he got a call that Friday from Bruce Campbell because of the dust flying off the trucks. He called immediately and had those truckers with tarps to use them. They immediately began to wet down the trucks before they headed out. He stated he got a call back from Bruce Campbell on the same day. He said they had a problem with the permit and that it would take additional permitting to do the hauling. Mr. Ransdale told Mr. Campbell that it would take about four more days. Mr. Campbell stated they could run three days so they ran on Saturday, Monday and Tuesday. Chairman Gates asked if there was material left on the site. Mr. Ransdale stated they could have hauled out more. Chairman Gates asked if there were problems with dust on the additional loads. Commissioner Johnson asked when was Mr. Ransdale under the impression that the permit had been granted? Mr. Ransdale understood it to be in place on the day it was submitted and the fees were paid. Mr. Campbell told him, when he called, that the permit had not yet be granted. Ms. Berenato asked if Mr. Ransdale reviews the grading permits for B & B. She asked if he understood the permit to allow for import or export of material. Mr. Ransdale stated he didn't know it to be excluded. Scott Hoover, General Manager of B & B Excavating, stated being outraged is an understatement. He is extremely disappointed. On Friday, July 12, somebody told him they had received a complaint on one of their projects. His first question was if they put a water truck on the job and his staff responded yes. He said at 2:00 on July 12th, he received a call from Paul Clarkson. Mr. Clarkson informed him they were doing a proj ect at the airport, they were experiencing dust problems and they were goins to be shut down in 30 minutes. He called his mining consultant, Steve O'Brlan, and explained the allegation of mining without a permit and asked for Mr. O'Brian to fax him some support information. Mr. Hoover stated he contacted Mr. Ransdale and had the proj ect explained to him. Mr. Hoover stated he spoke then to Mr. O'Brian who thought the allegations were unsupported. Mr. Hoover stated he then contacted Mr. Hartmann on Friday afternoon. Mr. Hartmann was not in and Mr. Hoover stated he has not heard back from him to date. Mr. Hoover stated sometime around 3:00 or 3:30 Bruce Campbell called him and told him they would have three days to complete the project and the proj ect would then be shut down. Mr. Hoover asked if it was three days or three business days. Mr. Hoover was told he would be receiving a notice of violation and shut down orders. The requirement of a special use permit for the export of material is ludicrous. In his tenure with B & B he has not had to go through this process previously. He stated when he came in the last time for the expansion of the Edwards site, they were able to import material with no conflicts. He is at a loss, if in fact, this is now the requirement, he does not see it having been enforced at other sites. Mr. Hoover stated his first knowledge of the job was on that Friday. It is his honest belief the people involved with this process thought they were doing the right thing. Mr. Greenman was trying to avoid this. His biggest disagreement is that he was informed not only he had to shut down but that it happened in such a way. He believes this enforcement was selective, and that it was heavy handed. Mr. Ransdale did everYthing he could as quickly as he 3 could. He stated he is disappointed with his government because he does not feel this is the way it works. Chairman Gates asked Mr. Hartmann if he received the call. Jim Hartmann, County Administrator, stated when the call came in, he was with Keith Montag discussing this project. He instructed Mr. Campbell to respond. Mr. Hoover stated he has come down here to get special use permits for the extraction of materials. He reviewed some of the various permits and projects he is currently involved in. Ms. Berenato asked why they didn't just kick out the project once the time line was given them. Mr. Hoover stated they had more work to do than they could have completed. Mr. Lindahl introduced a copy of the contract with B & B which indicates the primary purpose of the contract was to level the land. He also introduced some photographs of other projects going on in the county. Ms. Berenato stated a notice of violation was submitted on July 12. Mr. Hoover will testify work is still going on. Mr. Lindahl spoke to parcels 9 and 14 which are functioning under a grading permit. Ms. Berenato stated there is a special use permit on parcel 14. Mr. Lindahl asked for a copy. The next pictures were from the Eagle County Airport. Mr. Lindahl stated they have a building permit for this site. The next set are from the Scottsville area where dirt has been imported under a building permit. He referred to Riverwalk at Edwards where there is dirt being imported and exported from the site. The last pictures are all of dust, which is not the issue today. He wanted the Board to be aware of the dust at other locations. B & B has specific means of dealing with dust. Ms. Berenato stated with regards to the exhibits, they can take them and investigate them as complaints. It is up to the Board to determine if they want to acce~t them into the record or not. Commissloner Phillips asked what the intent of the photos are. Mr. Lindahl stated their concern is that B & B is not getting fair treatment. In some of these projects, there have been no notices of violation. Ms. Berenato stated that any exhibit taken, can be passed forward and she wants the Board to consider the relevance of the photos. Chairman Gates asked the exhibits be entered. No member of the Board objected. Bruce Campbell, Code Enforcement Officer, reviewed the information given to the Board. He stated on Thursday, July 11th, he received a large number of complaints. He identified the project and did a site investigation. He followed the trucks from the site to Eagle down highway 6. Because of the amount of dust, he tried to contact Mr. Greenman. It was then he found out the owner is also an employee of B & B. Chairman Gates asked lf he came in for a permit, why could he not have been given the right permit in the first place. Mr. Campbell stated as he continued to investigate, he made contact with Mr. Greenman. The folder had been created on July 2 and finalized on the 10th and issued on the 11th. The same day as the complaints. Mr. Campbell stated upon talking with Mr. Ransdale, he was told Mr. Ransdale would contact Mr. Hoover. B & B offered to put in a watering truck which was done and verified on Friday, July 12. B & B had responded and complied. That portion of the violation had been abated. Staff determined they would allow three working days to complete the project until further discussion could take place for a special use ~ermit. Part of the enforcement procedures requires a letter be wrltten. They were made aware verbally that those would be sent to them. Commissioner Johnson referred to the letter to Mr. Greenman dated July 15. Mr. Campbell stated it was mailed on Monday. He stated the cover letter was verification of the conversations. Commissioner Johnson asked if there was a violation taking place, why was it not stopped immediately. Mr. Campbell stated after talking with Mr. Greenman and B & B, they felt it was in the best interest of all to give it a deadline as long as the dust 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKE~S 387869 was controlled. They felt comfortable allowing the contractor to proceed even though they were in violation. Keith Montag, Director of Community Development, referred to the comments regarding Community Development's approach. Mr. Montag stated staff is trying to work with these types of situations, these types of applicants. He believes they took what was a soft approach in addressing the violation. He believes there was also discussion about the applicant getting various phone calls from members of staff. He believes that shows they were trying to identify the issue and the concerns. The actual issue is an interpretation of the County's land use regulations. Extraction of material requires a special use permlt and it is explained in the regulations. It is staff's opinion this falls under the definition. They do allow extraction from a site up to 50 cubic yards. Staff interprets a special use permit being required. Ms. Berenato asked for the legal sites: 2.05.57(1) for extraction. For the 50 cubic yards is chapter 70 section 7003 (B) (9). Chairman Gates stated if that is true and if the applicant didn't really understand the regulations, the people in Community Development didn't understand the request. Mr. Montag stated the grading permit requests site leveling, without the knowledge there would be removal of site material. Ms. Berenato asked the sites be submitted into the record as exhibits. Chairman Gates asked for objections. Mr. Lindahl stated he would like to review chapter 7. He stated he has no objections to the exhibits. Ms. Berenato reviewed the items being entered into the record. Chairman Gates asked they be entered into the record. Ms. Berenato stated the hearing today is for the Board to take on evidence and a written ruling be issued wlthin twenty days. If a ruling is given today, Mr. Berenato asked for specifics. Mr. Lindahl stated chapter 70 does clarify his concerns. He stated if mining is permitted, they do not have to get a srading permit. When staff approved this permit, they did not see it as belng a mining permit. Mr. Lindahl understands this is a srey area and the regulations are not clear. A grading permit is a type of bUlldlng permit. It is the one pulled when you want to excavate the property but you are not yet ready to build. On the grading permit, there is nothing that states you can or cannot import or export materials. Why did the County not advise the applicant accordingly. B & B wants to complete the job. They have one day worth of work left. Mr . Greenman would like this addressed because he has more dirt he wants moved. Mr. Greenman thought he was doing exactly what he was permitted to do. He asked the Board to think about the decision to be made today and how it will effect all other properties in the county where more than 50 yards or dirt are moved. The regulations do not address it at this time. B & B will do what is required and they will do so without protest as long as it is uniformly applied. Ms. Berenato referred to the resource zoning and industrial operations. Industrial uses include extraction. Chapter 70 does say if you are going to extract over 50 yards, you do need a grading permit as well as a special use permit. She believes this is a matter of trying to work together, there have been some communication problems all the way around. Chairman Gates asked about getting direction from staff from the onset. Ms. Berenato stated the application for a permit was for land leveling only. Chairman Gates asked how long the land use regulations have been in effect. Mr. Montag stated since 1984. He stated what we are dealing with is an interpretation. Staff has used Chapter 70 to help interpret the re~lations. If there is more than 50 cubic yards being disturbed a grading permlt is required. Removing the dirt from the site, according to staff, is a form of mining and does require a special use permit. Chairman Gates asked for public comment. Barbara Allen, a member of the public, asked when a special use permit is considered a done deal. 5 Chairman Gates stated it must be done by resolution. Chairman Gates asked if the Board is prepared to make a decision at this time. Commissioner Johnson stated he would like to make a decision. Commissioner Johnson moved to find there is not a violation according to Section 2.06.013 (K4) or 2.07.07 (5) of the Land Use Re~lations. He stated there is no violation of 303A or 303E of the Uniform BUllding Code. There is no violation regarding the dust as that was taken care of immediately. Chairman Gates asked if it is his suggestion they go back and complete the project. Commissioner Johnson responded yes. Chairman Gates seconded the motlon. In discussion, commissioner Johnson stated there are a couple of concerns and one being the work had begun before the permit was issued. He applauded B & B for their dust control and efforts. He stated the flexibility of staff to try to make things happen is commendable. Commissioner Johnson suggested in the regulations there should be greater clarification. Chairman Gates called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Phillips abstained. There being no further business to be brought before the Board the meeting was adjourned until August 20, 1996. Attest: ~-1-.P~ 6