Minutes for 05/08/06

Date Approved______________
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MINUTES BOARD OF COUNTY COMMISSIONERS
May 8, 2006 Rio Blanco County

The Board met at 10:45am in regular session in Meeker at the Road & Bridge Conference Room. Chairman Kim Cook, Commissioner Forrest Nelson, Commissioner Ken Parsons, County Attorney Alan Hassler, and Clerk to the Board Nancy Amick were present.

BOARD OF COUNTY COMMISSIONERS

CHANGES OR DELETIONS TO THE AGENDA: The April 10th, 17th & 24th meeting minutes were deleted from the agenda.

APPROVAL OF MINUTES

Chairman Kim Cook requested clarification on the March 20th minutes Rangely Landfill discussion to indicate that each compactor will cost $350,000; that salvage rights represent a liability concern for the county; to delete the statement on the use of Energy Impact money; and to change the word ‘compute to commute.’ Commissioner Forrest Nelson moved to approve the March 20th minutes as amended and March 27th minutes as presented. Commissioner Ken Parsons seconded the motion. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye.

SETTING OF POLLING PLACES FOR THE PRIMARY AND GENERAL ELECTIONS

Nancy Amick, County Clerk, requested that the following locations be designated for polling places for the Primary and General Elections: Precincts 1 & 2, Radino Center; Precincts 3, 4, 5 and Absentee, Fairfield Center. Early voting will be at the Western Annex and the Fairfield Center. Commissioner Forrest Nelson moved to set polling places for the Primary and General Elections as presented by the County Clerk. Commissioner Ken Parsons seconded the motion. Roll call vote: Parsons-Aye, Nelson-Aye, Cook-Aye.

MODIFICATION TO RIO BLANCO COUNTY/NC TELECOM, INC. AGREEMENT

Commissioner Forrest Nelson moved to enter into record the modification to the Rio Blanco County/NC Telecom, Inc. agreement concerning distribution of county funds after the NC Telecom bankruptcy filing. Commissioner Ken Parsons seconded the motion. It was noted that the court proceedings look favorable for the county. The county has a prepaid phone card, good for several years. It has not been used. A state grant has provided free phone services for the past three years. As of this month, the county will begin using the county phone card with 50% of the monthly bill covered by the entity and 50% by the phone card. The card was purchased with grant money. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

COUNTY BUDGET & ACCOUNTING – TOM JUDD

Payroll and Payroll Benefits. Commissioner Parsons moved to approve the Payroll dated April 28, 2006: General Fund for $133,881.45, Use Tax for $22,764.66, Road & Bridge for $65,499.83, Fleet Management for $14,161.18, Solid Waste Landfill for $5,516.16, Weed and Pest Control for $3,039.05, Fairfield Complex for $1,863.97, and Social Services for $24,377.93, for a total of $271,104.23. Included in the motion were the Payroll Benefits dated April 28, 2006 for General Fund for $124,410.46, Use Tax for $16,354.70, Road & Bridge for $61,255.77, Fleet Management for $10,783.80, Solid Waste Landfill for $5,905.18, Weed & Pest Control for $2,592.26, Fairfield Complex for $1,978.64, and Social Services for $24,253.38; $247,534.19 total. Commissioner Nelson seconded. Roll call vote: Cook-Aye, Nelson-Aye, Parsons-Aye.

Accounts Payable. Commissioner Ken Parsons moved to approve the Accounts Payable dated April 28, 2006: General Fund for $286,275.87, Use Tax for $34,288.46, Road & Bridge for $697,083.68, Fleet Management for $170,900.50, Solid Waste Landfill for $1,756.76, Weed and Pest Control for $132.10, Fairfield Complex for $4,078.25, and Capital Expenditures for $28,898.65, for a total of $1,223,414.27. The motion was seconded by Commissioner Forrest Nelson. Roll call vote: Parsons-Aye, Nelson-Aye, Cook-Aye.

Hospital Tax Distribution. Commissioner Ken Parsons moved to approve the April 28, 2006 Tax Distribution to Pioneers Hospital for $191,228.21. Commissioner Forrest Nelson seconded the motion. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

2005 Audit. It was noted that the audit for 2005 has started.

NOTICE OF AWARD/CONTRACT SIGNING - RANGELY RUNWAY REHABILITATION PROJECT

All bids were rejected as over the budgeted amount.

SHERIFF OFFICE STORAGE SHED

The shed will house electrical equipment for the Sheriff’s communication equipment. The cost of the project will be covered by a $36,000 Homeland Security Grant. Commissioner Forrest


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Nelson moved to award the storage shed bid for the Sheriff’s Office to Mor Storage for the Deserado radio site in the amount of $3,137.00. Commissioner Ken Parsons seconded the motion. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye.

NURSING CONTRACT AMENDMENTS

Commissioner Ken Parsons moved to sign Nursing Contract Amendment #PO FLA PPG04CWCCI ending June 29, 2007 for the Colorado Women’s Cancer Control Initiative. It was noted that the program serves approximately 40 women at $290/each. He included in the motion approval for Nursing Contract Amendment #PO FAA WIC0300380, a contract with an increase of $879.00 for Women, Infants, and Children ending September 30th, 2006. Seconded by Commissioner Forrest Nelson. Roll call vote: Parsons-Aye, Nelson-Aye, Cook-Aye.

DOLA CONTRACTS OR AMENDMENTS

Planning Project EIAF #5402. Commissioner Forrest Nelson moved to accept the DOLA Planning Project EIAF #5402 in the amount of $70,000.00, with a county match of $50,000, #F06S5402. Commissioner Ken Parsons seconded the motion. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

EIAF #5202 (Road Projects) and EIAF #5291 (Bridge Rehab & Roads). Ron Leeper reported on Road Improvement Project EIAF #5202 and #5291 amendments. Due to major pavement deterioration in early spring on County Rd.s #24, 26 and 31, the grant money allocated for overlays on these roads would not be cost effective as these roads require full reconstruction. The County requested and DOLA granted a modification of grants #EIAF 5202 and #5291 to transfer the funds designated for overlays on those roads to increase the mileage of overlays on County Rd. #5. Ron presented a contract modification for Commissioner Cook to sign. Budget Director Tom Judd expressed concern that the county has already spent funds toward the grants. He requested a delay in signing the modification until the accounting for what has already been committed has been completed. A discussion followed regarding the expenditures made prior to the proposed amendment. Tom will work with Ron on resolving the accounting before proceeding with the amendments.

ROAD & BRIDGE MONTHLY UPDATE

Ron Leeper, Road & Bridge, reported on activities. Crews have finished installing culverts on upper County Rd. #5. Paving is completed on County Rd. #7 and the lower portion of County Rd. #5. The plant broke down before work on upper County Rd. #5 began. Leeper estimated that 30% of a $1.8 million dollar job is completed. Three bridges are finished and paved. Magchloride applications are finished in Rangely and will begin in the Meeker area shortly. The shouldering project will begin in Rangely on May 10th. Leeper noted that the Trappers Lake road is open, but it will be closer to Memorial Day before Ripple Creek Pass is open.

County Rd. #69 has become a major thoroughfare through largely public lands and is a concern to the Division of Wildlife and BLM. The traffic is impacting a wildlife habitat area. Landowners are also concerned with Cow Creek becoming a major access. The area is seeing cumulative impacts, and industry is already using the access off of County Rd. #5 to the Roan Plateau.

PUBLIC COMMENT There were no public comments.

COUNTY COMMISSIONER UPDATES

Chairman Cook attended a Meeker Businesses in Action meeting, workshops on landfill related issues, and a presentation by Roland McCook, a descendent of Chipeta and Ouray. The YVEDC meeting in Hayden last Wednesday night reviewed energy-related issues including workforce training and CNCC training programs. The majority of that meeting reviewed the need for more ball fields in the Steamboat area for the Triple Crown baseball series. The YVEDC will sponsor an economic impact study for the possible formation of a special district for a large sporting complex outside of the Hayden city limits. There are several issues including right-of-way concerns, tourism revenue, costs of hosting an event, etc.

HEARINGS - MINOR SUBDIVISION #06-2 – RON & DONNA PALMER

Mike Neumann, Land Use Director, presented the application for Minor Subdivision #06-2 for Ron and Donna Palmer for 40.5 acres divided into 2 lots, 17 and 23 acres, located in White River Rancho Estates. The parcel was rezoned Rural Residential in June of 2005. At that time the county agreed to future subdivision as long as all conditions and permitting was done properly. This is a family subdivision with Ron Palmer building on Lot #1 and his parents on Lot #2. A private access road with an easement is shared by both lots. One well will supply water to both houses; also shared by way of an easement. As a condition of the Planning Commission the water rights to the irrigation ditch on the property will be equally split between the two parcels. The lots are well above the flood plain and existing access is adequate and legal. New engineered septic systems have been installed for both lots and approved through



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the Building Department. Two accesses are present, one off County Rd. #129 and the existing driveway directly onto Hwy #64, grandfathered by CDOT. Ron & Donna Palmer are living in a mobile home on the property while their house is built. Site work has started. A pre-approval
construction agreement has been signed. The Planning Commission recommended approval with conditions.

One of the conditions restricts further subdivision of the parcels and will be noted on the plat. The same stipulation applies to other owners in the development area of 18 lots. John Wix’s lot has already been subdivided into 3 parcels plus a common open space. McBrides also plan to put two houses on their property. Neumann noted that two houses per 40 acres, or one per 20-acres is compatible with existing densities. The Planning Commission is concerned that, if subdividing continues, 18-30 houses could become 50-60 on individual septic and water supply systems, the equivalent of a subdivision with no infrastructure or subdivision regulations. County Attorney Alan Hassler explained that the Board has the option to enforce the “no further subdivision restrictions” by requiring a developer to record a deed restriction or a declaration of covenant in favor of the county that memorializes the restriction. It could be listed as a seventh condition for the Palmers. Alan expressed concern with the language addressing the small interior roads of the parcels on the plat, and a decision was made to insure the County will not become the owner of those roads nor will adopt the roads at any time in the future for dust control, maintenance, etc. A dedicated easement or access agreement will be added to the plat for access into Lot #2.

Commissioner Forrest Nelson moved to approve Minor Subdivision #06-2 for Ron and Donna Palmer in White River Rancho Estates dividing 40.5-acres into two lots with the six recommended conditions of the Planning Commission and the addition of a seventh condition adding a deed restriction as a plat note with no further subdivision of these properties, stating that the county will not accept any subdivision roads for maintenance, dust control responsibilities, etc. Commissioner Ken Parsons seconded the motion. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

REZONING #06-4/MINOR SUBDIVISION #06-4 - JOHN & SHERYL ETCHART

Mike Neumann, Land Use Director, presented the application for rezoning and subdivision for John & Sheryl Etchart. Etcharts plan to divide 3.9 acres from their existing 20 acres to build a single-family house with a new septic system and well. The property is presently zoned Agricultural and would need to be rezoned to Rural Residential to conform to the current Land Use Resolution. The soils are characterized as moderately deep and well drained with moderate limitations for leach fields.

As far as concerns with the proposal, the Planning Commission expressed no concerns. Joe Conrado, Meeker Sand & Gravel owner, submitted a letter stating there is an existing gravel pit in operation directly across County Rd. #36. A portion of that property is zoned Industrial. No public comment was given with the exception of a question on boundary lines that has been resolved. Access is a concern as there is a significant grade off the south side of CR#36 onto the lot. The Road & Bridge Department offered to grant a driveway permit below the Highland Ditch if Etcharts choose not to use the other access available.

Eight standard conditions were recommended by the Planning Commission including a permit from the Road & Bridge Department for the new access and a “buyer beware” acknowledgement from the applicant that gravel hauling may occur on County Rd. #36 now and in the future as well as industrial activity on the north-side of the road. The conditions are acceptable to the Etcharts. Magchloride is put on the county road for dust control. Road easement to the pond for the property owner of the large parcel was discussed, and Alan Hassler noted that there is discussion to resolve the issue.

Commissioner Ken Parsons moved to approve Rezoning #06-4/Minor Subdivision #06-4 for John and Sheryl Etchart as presented subject to the eight conditions listed in the staff findings. Commissioner Forrest Nelson seconded the motion. County Attorney Alan Hassler expalined the current plat shows there are no internal access roads, and it helps confirm the county’s right to County Rd. #4 and County Rd. #36 to use dedication off language that has been offered on this particular plat. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye.

REZONING #06-5/MINOR SUBDIVISION #06-5 – STEPHEN & JUDITH SHELTON

Application was presented by Mike Neumann for the rezoning and minor subdivision of 47 acres into three lots for Stephen & Judith Shelton on County Rd. #7. There is an existing house on Lot #3 with garage, septic system, leach field, and well. There are no improvements on Lot #2. Lot #1 has an old garage-type building but no existing house. A power line traverses all three lots. A road with an access permit from Road & Bridge services the house on Lot #1 and provides access to Lot #3. Main access to Lots #1 and #2 is off of County Rd. #7 as shown on the plat. The subdivision is generally compatible with surrounding land uses, which include four parcels, all 10-15 acres. Lots #1 and #2 require new wells and septic systems. Soils on both lots are characterized as having severe limitations that would have to be that taken into account in the engineering of the systems for the lots. The property must be rezoned to Rural Residential as it is less than 160 acres. The family intends to sell the two new lots and are working on a boundary adjustment with James & Patricia Cook.



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A comment received during the Planning Commission meeting noted that the fences may not run on property lines, and the commission requested that this be addressed on the plat. The Planning Commission recommended approval with the standard conditions. A permit will be
required, if one is not already in existence, for the existing driveway in Lot #1. Mr. Shelton noted that a septic permit was issued and perc test completed several years ago for Lot #1. It was never installed. The current status of that permit is unknown, but will be reviewed. An engineer will check the old septic design to determine if it fits current standards.

Commissioner Forrest Nelson moved to approve Rezoning #06-5/Minor Subdivision #06-5 for Stephen and Judith Shelton for 47 acres into 3 lots off County Road #7, Strawberry Creek, with the stipulations as presented. Commissioner Ken Parsons seconded. County Attorney Hassler suggested that language on the Plat clarify that the county will not accept responsibility for the parallel road for maintenance, dust control, etc. The Board accepted the suggestion as part of the motion. Roll call vote: Parsons-Aye, Nelson-Aye, Cook-Aye.

REZONING #06-6/MINOR SUBDIVISION #06-6 – BEN & IRIS FRANKLIN

Land Use Director Mike Neumann stated the applicaton has changed from a Minor Subdivision and Rezoning to just a Minor Subdivision. The property is located at the intersection of CR#8 and Hwy 13, adjacent to CDOT property on the north side. The 4.18 acre parcel is separated by Hwy 13 from the remaining Franklin property on the south side of Hwy 13. It is too small to use agriculturally. The Franklins desire to divide the parcel in order to sell the property. Once sold, the new owners would apply for rezoning to accommodate their intended use. In the County’s Master Plan, the area is designated for commercial/industrial use, as is in the most recent version of the Town’s Comprehensive Plan. There were no concerns or objections from the Planning Commission, with a unanimous recommendation that the subdivision be approved. Mike noted that the conditions listed in the Board’s packet would need to apply to the subdivision request. Condition #1 has been fulfilled with a current CDOT access permit.

Rezoning at this time would create problems, including the problem of water and sewer due to the fact that the Town’s water and sewer ends near the Airport Road. New owners would be required to pay the entire 10” line extension to the property, a cost prohibitive improvement. Neumann explained that most towns recover their costs through future tap fees and service fees when extending utilities and infrastructure. Due to the Town’s unwillingness to provide utilities, it will be an on-going problem for developers. Chairman Cook suggested scheduling a joint Town, County, and Planning Commission meeting to discuss common issues.

Commissioner Parsons moved to approve Franklin Minor Subdivision #06-6 separating 4.18 acres from 249 acres subject to Conditions #2, #3, and #4 of the Staff Evaluations. Commissioner Nelson seconded. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

In response to questioning from County Surveyor Jim Joy concerning the conveyance of small roads and property on plats, County Attorney Alan Hassler explained that roads on the last two subdivision plats are only 30 ft wide and county roads must be at least 60ft. wide. These could be construed as a conveyance to the county as a property interest. The county does not want to assume an ownership interest in real estate under a dedication or grant of easement and become responsible for maintenance of the road.

REZONING #06-7 FOR BOB CROSTHWAITE/OUT WEST ESTATES

Mike Neumann, Land Use Director, presented the application for rezoning of 160 acres located off of County Road 13 adjacent to Mesa View Estates from Agricultural to Compact Residential for a planned unit development composed of single and multi family lots. Bob Crosthwaite has purchased 160 acres of the LaGrange Ranch property adjacent to Mesa View Estates. The northern 1/3 of the property is designated for rural residential development according to the County Master Plan and the remainder is Agriculture. Mr. Crosthwaite and his partner are proposing a mixed residential development on the parcel with some condo facilities and structures. Mike explained that this type of project is best reviewed under a Planned Unit Development and the intent is to submit a PUD application, if the rezoning is approved.

Neumann noted that a determination is needed concerning whether the property is suitable for this type of development. The site is located in an area that is identified by the NRCS as prime Ag land with statewide significance. The Master Plan recommends against development in prime Ag land, but the Cross L Subdivision and several other developments are on prime Ag land despite the repeated goal to not allow it in the Master Plan. It is inevitable that development south of town will occur in areas that are designated as prime Ag land. The proposal fits well with the existing uses.

Mesa View Estates has 4-5 acre lots. The proposal for Phase I in the northeast portion or ¼ of the property is to divide the acreage into 3-7 acre parcels in an area already designated for residential growth. A mix of lot sizes from 1-7 acres and a couple of multi-family units are proposed on the west side of County Rd. #13 giving an overall density similar and comparable to the density within the existing Mesa View Subdivision. The style of development with large single-family homes mixed with a cluster development is entirely within the recommendations of the Master Plan.




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Concerns from the Planning Commission and in a letter received from the Town of Meeker involved utilities, sewer, and water. The water supply is proposed to be a legal community water supply system similar to the existing Mesa View Subdivision, which has its own water
supply system from wells on the property. Bob Crosthwaite noted that water may be a problem on the larger lots. Covenants would need to be formed to control the size of homes that could
be placed on any given lot. Due to the large irrigation ditch that runs through much of the property, high-level ground water may be present during periods of the year when the ditches are running. Open spaces are proposed to include good drainage.

A combination of individual septic systems for the larger lots and common septic systems for the smaller lots is planned. The common systems would be used only where usage stays under 2,000 gallons/day. Neumann explained that during the analysis of another conceptual development upriver, it was estimated that as many as 5-6 two to three bedroom units could be combined onto a common septic system and stay under the 2,000 gallons/day. The number of bedrooms is the key to the calculation. A number of questions need answered about the suitability of the property for septic systems, which will be required to be engineered to current county requirements. In addition, the systems must be engineered to take into account the characteristics of the soils and the hydrology regime. The soils in Mesa View Estates are virtually identical to the soils in the proposed subdivision, and the constraints governing the design and installation of the septic system there are applicable to the proposed development.

The same is applicable to the water supply. It was noted that the Town of Meeker does not intend to extend their services to the development. It would be a costly proposition for the developer to pay the town for an extension of the town’s water and sewer.

Mr. Crosthwaite stated that a test on an existing well on the property has shown it is 26 ft. deep. During irrigation last year, the well ran 40 gals/min. with a static level of about 12 ft. The static level at this point in time is down to 3 ft. A permit has been issued to drill deeper, if needed. Test wells will be the first step in determining if the subdivision is feasible.

It was noted that the Planning Commission meeting involved comments from several Mesa View Estates landowners expressing concerns, which will be taken under advisement as the process continues. The demand is present for another subdivision and the location is a logical one. Any development scenario will require thorough site characterization work, studies, and analysis. Because the Land Use Resolution does not have any specific review for vision, mechanism, or a PUD, the PUD will be reviewed as a major subdivision application with all the check lists for utilities, etc. The PUD gives the developer a little flexibility in the land use and road construction. The cluster style development is proposed for the subdivision.

Mike Neumann reported that public comment at the Planning Commission meeting involved both pro and con statements. The sole letter received asked very specific questions that cannot be answered at this time in the proposal.

The northern portion is within an area designated for residential growth. The current request is simply a rezoning to Compact Residential, the most appropriate classification for mixed development of single-family housing and conceptually two or three duplexes or condominiums overlooking the golf course. The multi-family lots would be marketed to golfers that could step into their carts and drive to the clubhouse.

Commissioner Nelson expressed his concern with losing prime agricultural land.

Commissioner Forrest Nelson moved to approve Rezoning #06-7 for Bob Crosthwaite/Out West Estates, rezoning 160 acres from Agricultural to Compact Residential for a Planned Unit Development composed of single and multi family lots located off County Road #13 adjacent to Mesa View Estates. The motion was seconded by Commissioner Ken Parsons. Bob Crosthwaite stated that he does have a business partner in the project, Fred Hahn. Chairman Cook reiterated that there are several issues yet to be addressed in moving forward with the development. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye.

With no further business to come before the Board, the meeting was recessed.



Attest:



_______________________________ __________________________________
Nancy R. Amick, Clerk to the Board Kim A. Cook, Chairman of the Board