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.
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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.
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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.
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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
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Chairma
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