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HomeMy WebLinkAboutMinutes 10/21/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING OCTOBER 21, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Jim Hartmann Sara J. Fisher Chairman Commissioner Commissioner 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) Bill paying for October 21, 1996, subject to review by County Administrator B) Payroll for October 24, 1996, subject to review by County Administrator C) Resolution 96-133, terminating the warranty period for Bentgrass at Cordillera, resubdivision of Tract C and C-1 D) Resolution 96-134, authorizing release of collateral and termination of the warranty period for Block 1, Lot 38, Filing 1, Eagle-Vail Subdivision E) Assignment of Certificate of Deposit No. 100000592 for $6,250 for Western Slope Utilities as collateral for a road cut permit F) Resolution 96-13S proclaiming October 20 through 26, 1996, Red Ribbon Week, "Healthy Means Drug Freel! G) Resolution 96-136, for the approval of the Economic Development Plan for the Northwest Colorado Enterprise Zone H) Approval of the Contract for the sprinkler system at the Eagle County Fairgrounds I) Approval of the Lease Agreement between Blue Lake Homeowners Association and Eagle County for the satellite court space. Commissioner Johnson stated he would to have a separate motion for item G. Chairman Gates asked on item H, where the water was coming from and if the pipes are the correct size. Jim Fritze, County Attorney, stated item E is an assignment for the Board's approval. Paul Gregg, Buildings & Grounds, stated the sprinkler system at the Fairgrounds is currently being watered by hand. He stated the water will come from an existing ditch. Chairman Gates questioned if this will interfere with all those booths during fair time. Mr. Gregg stated extra depth is being added for that area. Commissioner Phillips stated people tend to have a problem if the sprinklers are on and it is raining. She questioned if there was a system that would automatically shut off if the weather was bad. 1 Mr. Gregg stated he is currently looking into such systems. Commissioner Johnson moved to approve the consent calendar as presented, with the exception of item G. Commissioner Phillips seconded the motion. The vote was declared unanimous. Jim Hartmann, County Administrator, pointed out items in the development plan for the Board's review. Commissioner Phillips stated she remembers no one wanting an enterprise form. Commissioner Johnson stated the applicant indicated if you have an enterprise zone why not keep it, even though he had agreed not to have one. He stated it appears businesses continue to arrive at Eagle County without a tax incentive. Commissioner Phillips stated she is not sure Gypsum is considered to be a bustling community without additional help. She stated she would like to see the clause for enterprise zones remain. Commissioner Johnson stated there is a third point on per capita income, housing, gasoline prices, that would fit the entire County. Commissioner Phillips moved to approve item G on the consent calendar. Commissioner Johnson seconded the motion. Commissioners Phillips and Gates voting aye and Commissioner Johnson voting no. Final Settlement, Gonzales Construction Co Jim Fritze presented final settlement for Gonzales Construction Company for the 1996 guardrail project. He stated no claims have been received. Staff recommended approval. Commissioner Johnson moved to approve final settlement between Eagle County and Gonzales Construction Company. Commissioner Phillips seconded the motion. The vote was declared unanimous. B & B Excavating, Special Use Permit Kathy Eastley, Planner, B & B Excavating, Inc., File Staff recommended approval. Chairman Gates stated for the record there has been of interest as Carol Ann Smith is his niece. He further financial interest in this project. He also stated that Phillips' husband is an employee of B & B Excavating. Mr. Fritze stated that if any member of the Board feels they cannot give an impartial vote, then that member must step down. He further stated disclosing this appearance of conflict of interest has fulfilled the statutory requirement. He advised both members to participate in this hearing. Chairman Gates stated he feels he can give an impartial decision on this item. Commissioner Phillips stated she her husband works for the applicant. impartially on this application. Chairman Gates asked for comments from the public on this and received presented approval of the Special Use Permit for ZS-380-95, for the Carol Ann Gravel Pit Site. a perceived conflict stated he has no Commissioner looks at the proposal whether or not She emphasized she can vote very none. Mr. Fritze explained the statute governing the conflict of interest. Commissioner Johnson stated he has no conflict of interest. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 Chairman Gates stated all three Commissioners will be seated for this application. Kathy Eastley gave a brief background on the property and the application. She stated the application is for extraction of sand and gravel and crushing. She discussed the request by the applicant to import a certain amount of gravel for processing at the site. She stated the intent is to minimize the importation and impacts. She advised this gravel is for marketing in the lower portion of the Eagle Valley. Scott Hoover, general manager of B & B Excavating, stated the western boundary of this marketing area is from Glenwood Canyon to just west of Red Canyon. Ms. Eastley stated this particular request to limit marketing has come from the applicant and included it. Mr. Hoover stated it is not the intention of B & B to market to the upper valley. Commissioner Johnson stated that government cannot let the marketplace for operations. Kevin Lindahl, attorney for applicant, gave the legal precedent set in Colorado, if this type of condition is proposed by the applicant, then the Board has the authority to enforce it. Ms. Eastley continued with her presentation and gave requirements for mitigating measures to the Eagle River. She stated the area would return to its rural character after the 10 year life of the pit. Mr. Hoover reviewed the sequence of events that led up to this application for the Carol Ann Gravel pit and the western County market. He stated is in possible to haul gravel between the Carol Ann pit and the Montgomery pit. Greg Lewicky stated he helped B & B put together this application. gave the Board three maps and explained the mine plan, the installation the accell/decell lanes, topsoil stripping used for creating the South along Highway 6, and excavation of gravel to a 15-30 foot depth. He explained the movement of the gravel excavation and topsoil during the life of the pit. He spoke of mining at the north berm near the wetland area and the reclamation and replacement ratio of removed shrubs. He stated the plan is good, the visual aspects have been taken care of, the drainage ditch has been taken care of. He explained the extraction of gravel around the drainage ditch and the maintenance of the water in the ditch. Mr. Hoover stated depending on local approval, then he has permits on a State level, but it may take a year or more to complete the application process. He spoke of the construction accell/decell lanes by B & B Excavation is voluntary. He stated there is a wildlife mitigation plan, and other studies regarding environmental impacts. He handed out to the Board the mitigation plan and stated the land would probably be reclaimed to a better condition than it currently is. Chairman Gates accepted the wildlife mitigation plan into the record. He asked for public comment. Dick Turgeon, resident of Gypsum, asked how much gravel would be left in the field, and why the gravel at the drainage ditch is being left behind. Mr. Hoover stated there is probably about a million tons being left, but to deal with wildlife and environmental concerns B & B has left that area behind. Mr. Turgeon stated that gravel, as a commodity, is very valuable and he thinks it should be mined now. He of berm 3 Tom Harned, resident of Gypsum, stated the current usage of Highway 6 is very heavy. He asked that timing be considered in the mining of the gravel pit and that the current pit be closed before another pit is opened. Randy Stauer, Gypsum Town Planner, stated the town is opposed to the opening of additional gravel pits in this corridor. He stated there are already five major pits in this area and there is adequate reserve in these gravel pits to serve this market. He asked for extra time to look at impacts with B & B Excavation. He added that truck traffic and safety issues on Highway 6 are of a concern to the Town of Gypsum. He spoke of the 10 year plan and wants to talk with B & B regarding phasing the pit. He again requested tabling this plan. Willy Powell, Eagle Town Manager, stated the Town Board has expressed concern regarding the operation of the pits in the area, traffic on Highway 6, damage to automobiles. He spoke of a meeting between the towns of Eagle and Gypsum and B & B Excavation, and requested a continuation of this hearing to address other items the Town feels are important. He stated there is a tentative meeting on October 29 with B & B Excavating. Nancy Jackson, resident of Gypsum, asked why town governments are trying to control County land, and further stated the town, asking the opening of a new pit not be allowed until other pits are closed, is restricting free enterprise. Ms. Eastley spoke to the timing and time frames of pits on the Highway 6 corridor, accell/decel lanes. She stated this application was reviewed by the Planning Commission who unanimously voted to approve this application with conditions. She reviewed the conditions as set forth by Staff. Mr. Hoover stated he wanted to get the application before the Board. Discussion was held on whether or not gravel trucks can be required to cover the load. Mr. Hoover spoke to the conditions of the application that condition 6 be excluded in exchange for the mitigation plan he submitted today. He asked that condition 8, the report submitted to the County, be the same report submitted to State. He requested a continuance of this application. Ms. Eastley stated that November 19 is a planning day. Commissioner Phillips talked about accell/decem lanes, the Accell Pit delay of operation, the requirement of an annual report for special use permits. Commissioner Johnson stated he would not like to see the Board reinstate an annual review of the special use permit, but should require an annual report. Mr. Fritze stated originally, it required an annual review, but time was limited and the Board substituted an annual review by Staff. Commissioner Johnson moved to continue the Special Use Permit for B & B Excavating, Inc. to November 19. Commissioner Phillips seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board, the meeting was adjourned until October 22, 1996. Attest: Clerk 4~~~4~ai;..d Chairma 4