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Fremont County Adopts Body Art Regulations

2009-07-01T17:04:00.001-06:00

Body art studios will now have to be licensed and inspected to operate in Fremont County following action by the Fremont County Commissioners who met Tuesday as the County Board of Health. The board conducted a public hearing on the body art regulations after taking action at the April meeting to require the licensing of body art studios.

Richie Streate and Darcie Wige, who operate a studio on Main Street in Canon City, said they welcome the regulations to assure customers that they will receive professional body art services operating under sanitary health conditions when they visit a licensed studio. Streate told the commissioners that too often people experiment with needles and ink on their friends, then buy some equipment off the internet, and set up shop. He says they claim to be professionals but have no certified professional training. Streate said too many times people have come to him infected and scarred from a poorly done tattoo.

Fremont County Environmental Health Officer Sid Darden said the local body art regulations come very close to mirroring state regulations. Darden said language was added requiring anyone under age 18 to have a signed parental consent form before getting a tattoo or body piercing.

In addition to adopting a resolution putting the body art regulations into effect on July 1st the commissioners also approved a resolution setting application and inspection fees. It calls for an initial $75 application fee plus $30 an hour for plan review. Annual inspections would cost $150. Darden said the body art studios would be inspected once a year unless a complaint was filed against the establishment.

Darden agreed that a list of licensed body art studios and inspection reports can be published on the county's web site at www.fremontco.com similar to restaurant inspection reports.

Planning Commission set to resume Hearing on Master Plan Amendment

2009-06-30T10:21:00.005-06:00

The continuation of a public hearing on a proposed amendment to Fremont County's Master Plan and review of the Urban Growth Boundary Area map of the City of Canon City highlight the agenda for the July 7th monthly meeting of the Fremont County Planning Commission.

The Commission heard more than three hours of testimony and conflicting legal opinions during the initial hearing regarding the master plan amendment being offered by the government affairs committee of the Tallahassee Area Community. The amendment would seek to establish a two-mile buffer zone between uranium activity and residential areas in Fremont County's Mountain Districts. Residents say health and safety issues are at stake as well as economic and environmental issues.

Planning Commission Chairman Tom Piltingsrud determined at the June 2nd hearing that the Commission was not prepared to make a decision because they had volumes of material and legal opinions to review. He continued the hearing until the July 7th meeting saying only new testimony would be allowed at the extended hearing.

The Urban Growth Boundary Area map prepared by the planning staff at the City of Canon City and referred by the Canon City Council will also be reviewed by the Planning Commission. The question is whether future growth areas targeted outside the city limits of Canon City would be subject to the city's subdivision and development regulations when reviewed by county officials.

The Fremont County Planning Commission meets at 7:00 p.m. Tuesday, July 7th, in Room LL-3 of the Fremont County Administration Building. Because of the heightened interest in the master plan amendment and the large crowd that attended the first hearing, the July 7th meeting will be televised on the local public access channel 19 on Bresnan Cable.

Administration Building Sets Holiday Hours

2009-06-29T15:21:00.000-06:00

The Fremont County Administration Building will operate with abbreviated hours this week due to the four day work week adopted recently plus an Independence Day holiday. Fremont County Manager George Sugars reminds citizens that the Administration Building will be closed this Thursday and Friday, July 2nd and 3rd. Employees at the Administration Building are now working ten hour days, four days a week, Monday through Thursday. Because the day off for the holiday observance was on Friday the schedule has been adjusted so employees will have their holiday time on Thursday, July 2nd.

Sugars notes that when the county commissioners announced that county employees would be furloughed ten hours as part of $634,000 in budget cuts in the current 2009 budget, those employees who work ten hour days will see their furlough reductions during five holiday periods this year. The first two furlough hours will occur this week when those employees will get off their ten hour workday for Independence Day, but their holiday pay will be calculated on eight hours.

Citizens needing to conduct business at the Administration Building should do so by the close of business at 5:00 p.m. this Wednesday, July 1st.

June 23rd Commissioners Meeting

2009-06-25T13:49:00.001-06:00

After adoption of a resolution on June 8th to have the Fremont County Building Department take over the task of manufactured home inspections in Fremont County, the Board of Commissioners Tuesday approved another resolution setting a fee schedule for those inspections.

The manufactured home inspection fees adopted by the commissioners calls for a $350 fee to be collected for the county plus another $40 mandatory fee to be collected for the State of Colorado. County Building Official Mike Cox said the $390 fee is still considerably less than the $600 to $700 fee that third party inspectors had been charging for manufactured home inspections.

The commissioners Tuesday also conducted a public hearing on a Community Development Block Grant revolving loan fund through the Upper Arkansas Area Council of Governments. Jeff Ollinger told the commissioners that $290,000 is being made available for small business loans in the six-county region of Fremont, Custer, Chaffee, Lake, Park, and Teller Counties over a two year period. He said the money will come from the Governor's Office of Economic Development and simply expands the amount of money available in the loan pool to small businesses in the six counties.

In other business the commissioners:

Approved a special events beer permit for the Canon City Rodeo Association for motocross races on July 10th and 11th at the rodeo grounds south of Canon City;
Approved a change in the corporate structure for the hotel and restaurant liquor license for Merlino's Belvedere. The change shows Mike and Cathy Merlino now holding a 51 percent interest in the corporation with Bruce and Susie Bell holding the remaining 49 percent.

SDS Preferred Alternative Remains Pueblo County

2009-06-16T11:36:00.000-06:00

Colorado Spring Utilities is conducting an analysis to update the plan for how to implement its Preferred Alternative, a pipeline originating at Pueblo Dam, for the Southern Delivery System (SDS) project. The updated plan will outline the most technically and fiscally responsibly way to construct the next major component of its water delivery system.

"The Preferred Alternative remains the best option for SDS," said John Fredell, SDS Project Director. "While we have two viable options, we must be prudent stewards of our ratepayers' money, and our analysis has shown that the alternative from Pueblo Reservoir remains the most advantageous and cost-effective route for SDS."

Construction costs for the Pueblo County option are estimated to be at least $190 million less than the Highway 115 Alternative through Fremont County. The Preferred Alternative was also deemed by the Bureau of Reclamation as having the lowest energy use requirements of all the options studied, as well as fewer environmental and cultural impacts.

Fredell said Springs Utilities will continue working with officials and water providers in Fremont County and plan to preserve the option to build the Highway 115 Alternative until construction on the Preferred Alternative is underway. The Fremont County Commissioners approved a conditional use permit earlier this year for the SDS Highway 115 route.

For more information on the Southern Delivery System, visit www.sdswater.org.

Load Limits Restored for Texas Creek Bridge

2009-06-12T11:09:00.002-06:00

Load limits on a Fremont County bridge at Texas Creek used to access a popular ATV recreation area have been restored following a series of tests performed Wednesday on a steel truss. The tests conducted by Lamb-Star Engineering of Texas concluded that a blemish on the steel truss was a forge mark and not a crack in the metal. County Engineer Don Moore said that the engineers had to rely on ultrasonic testing and magnetic particle testing to reach a conclusive decision that there was no crack in the metal.

The bridge over the Arkansas River, at the junction of Highways 50 and 69, is the only access to a widely used Bureau of Land Management OHV recreation area. Commercial rafting companies use the bridge to access a whitewater rafting takeout on the north side of the river and a local aggregate company uses the bridge to reach a rock quarry.

A routine inspection by a state bridge engineer in early May raised the initial question of a crack in the steel truss. Load limits on the bridge were immediately lowered from 11 tons to 3 1/2 tons. Following Wednesday's engineering tests, the Road and Bridge Department on Thursday removed the warning signs and again posted the bridge for an 11 ton load limit.

June 8th Commissioners Meeting

2009-06-12T11:06:00.001-06:00

Authorization for the Fremont County Building Department to participate in Colorado's manufactured homes inspection program highlighted a brief agenda for the Fremont County Commissioners meeting on Monday. The board approved a resolution which allows the county's building inspectors to handle manufactured home inspections under rules set forth by the Colorado Division of Housing. Building Official Mike Cox said his inspectors have been trained and are reading to begin handling manufactured home inspections.

Cox said in the past most of those inspections were handled by inspectors from the Denver or Colorado Springs area. He said inspectors he has spoken to have no problem with the county taking over those tasks.

District 3 Commissioner Ed Norden said in fact the manufactured home inspections will help keep county inspectors busy in the field while other building permit activity has slowed somewhat. Norden noted that Cox also proposed the idea as a way to bolster some of the revenues for the Building Department.

The commissioners approved a special events beer permit for the Pathfinder Park steering committee which is putting together a fundraiser at the park on the 4th of July. Virginia Patton said the day long event will include roast beef, pork, chicken, and goat. There will be craft sales, games, and other entertainment running from 9 a.m. to 9 p.m. at Pathfinder Park.

The commissioners also approved a special events beer permit for the annual Ranch Rodeo which kicks off the Fremont County Fair on Saturday, July 25th, at the rodeo grounds south of Canon City.

The commissioners regular Tuesday meeting was moved to Monday to allow Commissioner Norden to attend the three day summer conference of Colorado Counties Inc. in Vail. Norden said in the interest of budget constraints the county is facing, only one commissioner would be attending the summer conference and Norden said he would be paying the costs of the conference out of his own pocket.

Stimulus Funds to Replace BLM Park Center Well

2009-06-03T09:38:00.002-06:00

(The following information provided courtesy of the Bureau of Land Management)

The Bureau of Land Management has received funding to drill a replacement Park Center Well as part of the American Recovery and Reinvestment Act. The Park Center Well is an 80-year-old artesian well located on BLM - administered lands along Garden Park Road north of Canon City. The well supplies water for domestic and fire suppression uses to approximately 4,000 users in the Park Center Water District. The BLM learned in 2008 that the 3,000 foot deep well had developed serious leaks in the casing.

According to RGFO Manager Roy Masinton, "The BLM will coordinate the plugging of the old well with the drilling of the new one to minimize impacts to local water users. This should be possible unless the old well fails."

An environmental assessment for the project is scheduled for completion in July 2009, with drilling of the new well scheduled for completion in early 2010. The contract to drill the replacement well will be done in accordance with the federal procurement process, with competitive bids determining the eventual cost of the replacement well.

The original well was drilled in the 1920's for oil and gas exploration, and then abandoned when drillers hit water instead of fluid minerals. The BLM later acquired ownership of the well. The BLM holds a Federal Reserve water right for 227-acre feet of water annually. The BLM leases the well water to the Park Center Water District through an agreement with the BLM Royal Gorge Field Office.

Master Plan Amendment set for Planning Commission Hearing

2009-06-01T11:16:00.005-06:00

The Fremont County Planning Commission Tuesday heard over three hours of testimony on a proposed amendment to the Fremont County Master Plan and then continued the public hearing until next month.

The amendment proposed by the 'Tallahassee Area Community' (TAC) would create a two-mile buffer zone between uranium activity and residential areas in the county's Mountain Districts. The amendment would also seek to require more comprehensive review of Designated Mining Operations and add more specific language to some of the definitions in the master plan.

County Attorney Brenda Jackson expressed concerns in an eight page memo that the amendment would conflict with state law noting that county regulations cannot prohibit something that state law allows. Jackson also said some of the specific limitations and regulations are more appropriate in the county's zoning resolution than to be placed in Fremont County's master plan which she says is used more for guidance but is not binding.

TAC attorney Steve Mullican contended that the county indeed has the right and authority to protect its citizens in land use decisions. TAC members argued that proposed uranium mining should not be allowed in close proximity to homes.

Planning Commission Chairman Tom Piltingsrud called for the matter to be tabled for another month saying the Commission had volumes of material and legal opinions to review. Piltingsrud said additional public input would be allowed at the July hearing but not from those who already testified Tuesday evening. The Planning Commission will assemble again at 7:00 p.m., July 7th, at the Fremont County Administration Building.

May 26th Commissioners Meeting

2009-05-29T13:52:00.000-06:00

The Fremont County Board of Commissioners dealt with a brief agenda of business in a matter of minutes Tuesday for their regular meeting.

Other than a pair of routine liquor license renewals for Merlino's Belvedere and the Quality Inn which were approved, the Commissioners only business of the day was a public hearing on a Community Service Block Grant application.

The Upper Arkansas Area Council of Governments is seeking $165,113 in community service grant dollars to be distributed as part of the federal government's stimulus package. Council of Governments Director Judy Lohnes said the two priorities for community service funding are for employment and for health care and nutrition. She said part of the money will be directed towards programs in the Colorado Workforce Center, the Fremont County Public Health Agency, and a parents training plan at Fremont County Head Start.

There were no public comments offered at the hearing and no board action was required.

Phantom Canyon Road Reopening

2009-05-19T15:50:00.003-06:00

The Fremont County Road and Bridge Department reports that Phantom Canyon Road will reopen this Friday in time for the busy Memorial Day weekend. Phantom Canyon Road (County Road 67) to Victor and Cripple Creek was closed April 27th for major repairs to areas that were washed out in the July, 2006, flood in the canyon. Patch Construction installed some gabion rock baskets to shore up the edges of the road above some steep cliffs in an area nine miles north of Highway 50. Several concrete slabs were also poured in those areas to stabilize the road surface.

District 2 Road Foreman Gary Weirton said Patch Construction completed their work several days ago and that county road crews have been hauling gravel to clean up the approaches to the construction. Road closure signs will be removed on both ends of the road and traffic can travel Phantom Canyon again starting Friday.

The Phantom Canyon stabilization project is one of three projects being funded in 2009 from a $350,000 Colorado gaming impact grant.

Curtis Stone Honored for 40 years in Road & Bridge Department

2009-05-15T16:30:00.002-06:00

The Fremont County Commissioners paused this week to honor an employee who has reached a personal milestone and for the county as well. Curtis Stone, Supervisor of Fremont County's District 3 Road and Bridge Tallahassee Shop, has logged 40 years of service as a county employee. That's the longest service record for a Fremont County employee.

The Commissioners presented Stone with a framed letter of congratulations signed by all seven of the District 3 Commissioners that Stone has served under since 1969. The letter was signed by Denzel Goodwin (1969-1972), Roy Canterbury (1973-1984), Dennis Jones (1985-1988), Bud Chess (1989-1992), Myron Smith (1993-1996), Keith McNew (1997-2004), and current District 3 Commission Ed Norden (2005-2009).

Reading from the letter signed by the seven Commissioners, Norden said, "It is rare to find a person who has applied such a dedicated work ethic to their tasks as you have displayed in your work for Fremont County over the past four decades. You have always led by example displaying the kind of work ethic needed to get the job done."

All of the District 3 Commissioners were able to attend the ceremony except for Dennis Jones. A reception in Stone"s honor was held at the County Administration Building immediately following the brief ceremony.

May 12th Commissioners Meeting

2009-05-15T11:45:00.002-06:00

Adoption of findings for rescission of a Penrose zone change and discussion about anticipated 2009 budget cuts highlighted the agenda of business for the Fremont County Board of Commissioners Tuesday.

The board formally adopted a resolution setting out seven pages of findings in the aftermath of the Commissioners' decision on April 22nd to rescind a zone change first approved last December for the Ron Walker Ranch at Penrose. Neighbors in Top Rail Ranch Estates protested and argued that Walker misrepresented his intent to sell the ranch to the Holcim Company in his zone change application. The Commissioners voted April 22nd to vacate the Ag Forestry zone change and restore the property, now owned by Holcim, to Ag Rural and Ag Suburban zoning.

Among findings in the resolution approved by the board Tuesday is that Walker's responses to six questions in the zoning application did not reflect his intent to sell to Holcim, that the property sale was completed just days after the zone change, that Walker did exploration drilling on the property to determine minerals value, and that Holcim posted signs in January on the property declaring it as a "Future Quarry Site".

The Commissioners Tuesday also briefly discussed the county's financial and budgetary problems attributed to the current economic downturn. The board noted that in the first quarter of this year, sales and use tax collections were down by 8.2 percent or $93,000 less than a year ago. Combined with cost overruns at the Fremont County Jail due to escalating inmate numbers, the county finds itself in a possible $800,000 deficit by the end of this year.

District 2 Commissioner Larry Lasha said the board along with department heads and other elected officials are currently examining all options as a way to both cut costs and increase revenues in some areas. Lasha said what's happening locally is a reflection of the national economy. District 3 Commissioner Ed Norden said the Commissioners must take some action soon to stem the tide. Norden said "At some point in time citizens in Fremont County will need to be aware that the services the county delivers are going to be affected. You cannot rack up the kinds of revenue shortfalls we're seeing without affecting the delivery of county services".

The Commissioners were to have another follow up meeting with department heads and elected officials before arriving at some long ranging budget cutting solutions to address the situation.

In other business Tuesday the Commissioners:

Appointed Dan Brixey and Dave Boden to the Fremont County Building Code Board of Appeals;
Approved two property tax abatements proposed by the County Assessor;
Approved a resolution establishing use of mail ballots for the odd-year election this November;
Awarded a bid to the Ennovate Corporation for $23,677 to perform an energy audit of all the county's buildings;
Authorized the chairman to sign a contract with Lamb-Star Engineering for $4,800 to conduct tests on the Texas Creek river bridge to determine if there is a crack in a steel bridge truss;
Heard from Fremont 4-H Foundation President Virginia Patton who presented a lifetime Foundation membership plaque to Commissioner Larry Lasha for his foundation contributions.

Vets Names being added to War Memorial Wall at Airport

2009-05-15T10:32:00.000-06:00

A ceremony is slated for the War Memorial Park at the Fremont County Airport to dedicate more names on the veterans' memorial wall and to conduct an official flag disposal ceremony. The names of more than 160 additional veterans were recently engraved on the memorial wall from orders submitted over the past year.

The dedication begins at 10 o'clock Saturday morning at the War Memorial Park. Pastor Jack Crosby, a Marine Corps veteran, will speak at the dedication. At 10:30, following the dedication of the names on the wall, American Legion Post #13 will conduct a dignified disposal of several retired American flags.

All citizens, including family members of those whose names are being dedicated on the memorial wall, are encouraged to attend Saturday's ceremony.

Phantom Canyon Repairs Progressing

2009-05-08T14:24:00.005-06:00

A Patch Construction Company crew (left) prepares a section of Phantom Canyon Road for a concrete pour. The work funded by a Gaming Impact grant is repairing washouts from a flood in July, 2006.

(photo by Don Moore)

Work is progressing on repairs to Phantom Canyon Road (Fremont CR 67) to address safety concerns created by washouts in the July, 2006, flood along a section of steep cliff nine miles north of Highway 50. Phantom Canyon Road was closed to all through traffic on April 27th for the repairs. Patch Construction Company is performing the work under a $15,427 contract approved by the Board of Commissioners.

Since the work began, County Engineer Don Moore and the Commissioners have authorized additional work on two other nearby washouts that will cost the county an additional $5,000. The expense is well within the $50,000 budget under a Gaming Impact grant awarded to Fremont County by the Colorado Department of Local Affairs.

The Fremont County Road and Bridge Department still hopes to have Phantom Canyon Road reopened to all traffic by late May.

Load Limits Reduced on Texas Creek Bridge

2009-05-08T09:28:00.003-06:00

(courtesy photo: BLM)

A routine inspection by a state bridge engineer has prompted the Fremont County Road and Bridge Department to reduce the load limits on a river bridge at Texas Creek that carries traffic to a popular public ATV recreation area.

Following a recent inspection by bridge engineers working for the Colorado Department of Transportation (C-DOT), it was recommended that the 11 ton load limit on the County Road 27 bridge over the Arkansas River at Texas Creek be reduced to a 3 1/2 ton limit. The bridge is located behind the Texas Creek Junction cafe and primarily carries traffic to a Bureau of Land Management (BLM) ATV recreation site and whitewater rafting traffic.

At issue is a forge mark on one of the steel trusses of the bridge that apparently has existed for some time. The bridge is believed to be over 100 years old. With new concerns about steel truss bridges, C-DOT is taking a second look at steel trusses that show indications of fatigue failure. A report to the county from C-DOT says that because they cannot guarantee the safety of the structure they recommend that repairs either be made or more tests conducted.

District 3 County Commissioner Ed Norden said county officials have spent the last several days examining the options. Norden said it was decided to hire an engineering specialist to conduct a series of tests on the steel truss in question to determine if repairs are needed. He said it's hoped the Commissioners can formally authorize a contract early next week to spend up to $5,000 on the testing.

In the meantime the Road and Bridge Department is emphasizing public safety and warning ATV and rafting enthusiasts to heed the new 3 1/2 ton load limit. Additional signage warning of the change to the bridge's load limits is being posted as the BLM anticipates lots of ATV users will head to Texas Creek for the Mother's Day and Memorial Day weekends ahead.

Assessor Mails Notice of Valuations

2009-05-05T10:29:00.000-06:00

Fremont County property owners have begun receiving their Notices of Valuation (NOV's) in the mail from the Fremont County Assessor's Office. Assessor Stacey Seifert says 2009 is a reassessment year in Colorado which takes place every two years. Seifert says after mailing the NOV's last week, her staff has already begun handling protests that will come into her office in the coming weeks.

The recessionary downturn in housing prices is sure to prompt a lot of questions as to why values listed on the NOV's do not reflect what is happening in the market place. Seifert reminds property owners that state law requires that the values reflected on the notices are based upon estimated property values at the end of June, 2008.

Seifert adds that the valuation increases were not as substantial as expected. She says that close to 50 percent of properties countywide saw a slight decrease in value.

Seifert said for those properties that saw valuation increases, many of them may not have been updated in the 2007 reassessment and are now just catching up to the 2008 values. She said there were other properties that saw value increases due to assessment errors or because of improvements that were made to the property.

For property owners choosing to protest their values, they can do so in person at the Fremont County Assessor's Office by June 1st. Written protests must be postmarked no later than June 1st. The Assessor's Office will have until the end of June to mail out a notice of final determination of value. If the property owner is still not happy with that value a further protest can be made in writing to the Board of Equalization no later than July 15th. The Board of Equalization will then conduct protest hearings starting in July.

April 28th Commissioners Meeting

2009-05-01T10:40:00.002-06:00

Award of a bid for bleachers at the Pathfinder Park outdoor arena and a lease-purchase agreement for a used fuel truck at the Fremont County Airport highlighted a brief agenda of business for the Fremont County Board of Commissioners Tuesday.

The county received two bids for purchase of bleachers at Pathfinder Park. Southern Bleachers of Graham, Texas, bid $44,600 while Bleachers International of Kiowa, Colorado, submitted a bid of $58,058. The Commissioners awarded the bid to Southern Bleachers and noted that the county will save about $14,000 in shipping and bleacher assembly because of the donations by a local firm. Lee Daffron of Fremont Enterprises of Florence offered to travel to Texas and pick up the bleachers and to erect them on site at Pathfinder Park.

The new bleachers are one of three main components being financed as part of a $200,000 grant from Great Outdoors Colorado. The grant will also fund restrooms and arena lighting. Total project cost with donations and matching local lottery dollars will be nearly $320,000.

The Commissioners approved a lease-purchase agreement for acquisition of another fuel truck at the Fremont County Airport. Airport Manager Richard Baker said having another fuel truck will expand the airport's overall fuel storage capacity particularly when fuel demand escalates during the summer wildland firefighting season. The county will lease-purchase a 1996 Ford 3,000 gallon capacity fuel tank truck to handle jet fuel. Baker said he has calculated a five year pay-off period using the most conservative fuel sales estimates. A surcharge on fuel sales will pay for the truck and will not involve any tax dollars.

The Commissioners voted to waive the hard surface paving requirements for the Coyote Coffee Den in Penrose after having previously granted a pair of two-year extensions for the paving requirement. In permanently waiving the paving requirement the Commissioners agreed to accept an alternative plan by shop owner Pete Megasis who said he wants to employ a more economical plan utilizing a surface comprised of milled and recycled used asphalt. The Commissioners allowed Mugasis until July 31st to apply the alternative parking lot surface.

The Commissioners Tuesday also:

Approved a temporary use permit for a hardrock enduro off-road motorcycle race on May 31st on the Joe Stock Ranch along Red Canyon Road north of Canon City;
Approved a temporary use permit for the tenth annual Belvedere Blues Fest at Merlino's Belvedere in Lincoln Park on September 11th, 12th, and 13th;
Approved the re-licensing of ambulance operations for the Penrose Volunteer Fire Department, the Florence Volunteer Fire Department, Arkansas Valley Ambulance in Western Fremont County, Northwest EMS, and American Medical Response (AMR).

Commissioners Reverse Penrose Zoning Decision

2009-04-30T16:55:00.001-06:00

The Fremont County Board of Commissioners voted April 22nd to rescind a zoning decision made last December on a 143 acre tract of property at Highway 50 and 'R' Street at Penrose. The decision followed a three hour public hearing in which neighbors who organized the East Fremont Alliance alleged that property owner Ron Walker misrepresented the facts in his zone change application last fall.

The Board of Commissioners approved a zone change for Walker's property on December 9, 2008, from Ag Suburban and Ag Rural zoning to Agricultural Forestry. Within days after the zone change Walker sold his property to Holcim Inc. and in early January Holcim erected 'No Trespassing' signs around the property that read 'Future Quarry Site'. The Alliance contended that Walker had no intent to preserve the property for open space and agricultural uses but simply wanted to secure the zone change so he could sell the property to Holcim.

The Alliance also offered evidence that Walker arranged for exploration drilling on the property to help determine the presence and value of limestone deposits on the property. Because of the alleged misrepresentations the neighbors petitioned the Commissioners to rescind the December 9th zone change.

Walker told the board that he did not misrepresent the facts and that for the foreseeable future the property will continue to be used for agricultural purposes. Walker said he will continue to lease the property from Holcim for ag purposes.

Holcim General Manager Jason Morin also argued against any need to reverse the zone change. Morin said Holcim owns a number of properties that they lease for agricultural purposes which is what they intend to do with the land they purchased from Walker. Morin said Holcim had an option agreement with Walker to purchase the land but the sale was not contingent on the zone change. Morin said the signs went up because Holcim felt the Top Rail Ranch developer was negligent in not notifying residents and potential buyers of who their neighbors were.

In the end the Commissioners voted unanimously to rescind the December 9th zone change as Commissioner Ed Norden said he regretted that the entire issue boiled down to truths and untruths. Commissioner Mike Stiehl said he was convinced that the intent of Mr. Walker was deceptive. District 2 Commissioner Larry Lasha said that despite the board's decision he considers Holcim to be a community minded corporation. The Commissioners' zoning reversal found that Walker did not reveal the true intent behind his desire for the zone change and did not respond factually to a direct question at the Planning Commission as to whether there was any available use under the Ag Forestry zone district that might be pursued.

The Commissioners tabled until their May 12th regular meeting the adoption of a comprehensive list of 'findings of fact' to support the zoning reversal.

Phantom Canyon to Close for Repairs

2009-04-21T17:21:00.001-06:00

The Phantom Canyon scenic road to Victor and Cripple Creek will be closed to all through traffic for nearly a month starting Monday, April 27th, to allow for road stabilization work. The Fremont County Commissioners recently awarded a bid to Patch Construction Company to perform the road stabilization at the site of three ravines on Phantom Canyon Road about nine miles north of Highway 50. The area targeted is about a mile north of the historic railroad trestle.

Stormwater from the July, 2006, flood in Phantom Canyon washed away a significant amount of material from the edge of the road high atop a steep cliff. Widening the road towards the canyon wall was not an option, so the project was engineered to excavate below the road surface. Gabion baskets filled with large rocks that protrude over the cliff will then be installed in the excavated area. Once the road surface is replaced the gabion baskets should limit future washouts from heavy rains.

Road closure signs will go up April 27th at both ends of the road in Fremont and Teller Counties warning motorists that Phantom Canyon will not be passable during the construction period. Work is projected to be completed in 30 days or less.

Patch Construction submitted the lowest of six bids for the project at a cost of $15,427. The project is one of three road projects in 2009 being funded from a $350,000 State Gaming Impact grant awarded to Fremont County. Work will also get underway this summer on installation of guardrail along High Park Road (County Road 11) and 3 1/2 miles of asphalt overlay work on Red Canyon Road north of Canon City. Use of the grant money is limited exclusively to roads that carry casino gaming traffic to Cripple Creek.

April 14th Commissioners Meeting

2009-04-15T14:12:00.001-06:00

Suspension of the Fremont County fire ban and award of a bid for road stabilization work on Phantom Canyon Road highlighted a busy agenda for the Fremont County Commissioners Tuesday.

At the request of Fremont County Sheriff Jim Beicker the Board of Commissioners suspended the fire ban due to the recent rain and snow storms. Commissioner Larry Lasha said the Board of Commissioners had been getting several calls in recent weeks to lift the fire ban so area farmers and ranchers could complete their agricultural burning. He said if fire danger conditions worsen in the coming weeks the board would reconsider imposing the fire ban. Commissioner Ed Norden noted that the Sheriff has the authority to determine what stage of fire restrictions are to be put in place but only the Board of Commissioners is authorized to activate or suspend the fire ban.

The Commissioners voted to award a bid to Patch Construction in the amount of $15,427 for a road stabilization project on Phantom Canyon Road nine miles north of Highway 50. The area targeted for the work is about a mile north of the historic railroad trestle bridge. In recent years storm water has washed away the edge of Phantom Canyon Road in three ravines at the top of a steep cliff. County Engineer Don Moore designed a bank stabilization project in which gabion rock baskets would be buried under the road surface and extended outward where water typically washes away the edge of the roadway. Patch Construction was the low bidder among six bids received on the project. Money for the work comes primarily from a Colorado Gaming Impact grant for which $50,000 was budgeted. It is expected some costs may have to be modified once excavation work begins along the edge of the cliff.

The Commissioners Tuesday also voted to approve a Temporary Use Permit for the 18th annual Temple Canyon Hill Climb on May 9th and 10th on Temple Canyon Road south of Canon City. In doing so the board addressed the concerns of the neighboring Dawson Ranch Homeowners Association who spoke about wildfire dangers from hill climb activities. The Commissioners directed the Colorado Hill Climb Association to distribute information to the weekend competitors that campfires would be prohibited in the area and that the group must contact the Canon City Fire Protection District prior to the weekend's events to find out if any other fire restrictions might be imposed.

The Commissioners approved a resolution and adopted final conditions for GCC Rio Grande's operation of an open pit gypsum mine along Colorado Highway 115 about two miles south of the Fremont-El Paso County. Initial approval had been granted at the March 24th board meeting. Included in the conditions finalized in Tuesday's action were limits on gypsum stockpiles to 25 feet high and to be shielded by natural terrain or vegetation, truck haul trips would be limited to 132 per week and that daily haul trips be limited to no more than 30. GCC would also be required to comply with any restrictions of the Florence-Penrose Fire District and all haul trucks would have to haul south to Highway 50 avoiding travel on any county roads.

Also on Tuesday the Commissioners:

Approved a Temporary Use Permit for the Canon City Music and Blossom Festival carnival to operate at Oak Creek Grade and Elm Avenue April 28th through May 4th;
Approved a Special Events beer permit for the Canon City Rodeo Association's annual Blossom Festival Rodeo on May 1st and 2nd;
Ratified a previous consensus by the board to authorize the Chairman's signature on a Energy Impact grant application for new snow plow trucks for the Road and Bridge Department;
and extended for another twelve months the deadline for a boundary line adjustment on property owned by Erik Johnson on the south side of Highway 50 on Eight-Mile Hill.

Southern Delivery System Headed to Pueblo County

2009-04-15T14:07:00.001-06:00

The Colorado Springs City Council voted Tuesday 8-1 in favor of a resolution to formally recognize the commitments in the terms and conditions of the Pueblo County 1041 land-use permit. The resolution will preserve Colorado Springs' ability to construct the Southern Delivery System (SDS) Preferred Alternative - a pipeline from Pueblo Reservoir.

Even with the assurances that the pipeline will originate in Pueblo County, Colorado Springs Utilities (CSU) officials intend to hang onto their approval for a Fremont County route along Highway 115 should problems develop.

Colorado Springs Utilities CEO Jerry Forte said "Where we are today is the culmination of more than a decade of planning. SDS will provide the water our city needs well into this century." Forte said the city is fortunate to have a Preferred Alternative and a back up plan through Fremont County.

Councilwoman Margaret Radford, on her last day serving on the Council, acknowledged the challenges in obtaining permits to build SDS. She described the Pueblo 1041 permit as "historic". She also acknowledged the "spirit of friendship and cooperation that has developed with our neighbors in Fremont County."

Radford added, "The County Commissioners, the County staff, the City of Florence, and the Boards of the Penrose Water District and the Beaver Park Water Company have all treated us fairly during our efforts to plan for an alternate alignment for the SDS on the chance that our preferred alignment could not become a reality."

To formalize those intentions, she made a motion to ratify the city's obligation to follow through on commitments that have been made to Fremont County that are not directly related to the construction and use of the SDS within Fremont County. The motion passed unanimously.

The Fremont County Commissioners met informally on April 10th with Colorado Springs Utilities officials to get a status report on the anticipated approval of the Pueblo County SDS route. At that meeting CSU officials again expressed their thanks for the cooperation shown by Fremont County's Planning and Zoning Department staff and the Board of Commissioners.

Holcim Tire Collection Day

2009-04-02T15:25:00.000-06:00

The Holcim Company and Geocycle are again cooperating this year in Fremont County's annual spring cleanup campaign. Holcim and Geocycle have announced they will conduct another free tire collection day on Saturday, April 18th, at the Holcim Portland Cement Plant east of Florence. The event will run from 8 a.m. until 12 noon.

The tire collection event is open to all Fremont County residents. Only clean, passenger vehicle tires will be accepted. Holcim will not accept large tractor, semi-truck, or monster truck tires. Tires must be off the rim and there is a limit of 20 tires accepted per household. Persons delivering tires must show a photo ID for proof of residency.

You should follow the signs to the west entrance of the Holcim Plant when delivering the tires on April 18th. Tires will not be accepted any other day or time. The tire collection day is conducted annually by Holcim and Geocycle as a public service to the Fremont County community.

If you have questions call Joel Bolduc at Holcim at 784-1118.

March 24th Commissioners Meeting

2009-03-25T15:37:00.002-06:00

The Fremont County Commissioners Tuesday voted to set a special hearing date in April to reconsider a controversial zone change that was approved last December for 143 acres on the Ron Walker Ranch on the northeast corner of Highway 50 and 'R' Street at Penrose. The decision was in response to an appeal from the East Fremont Alliance, a group of residents in the Top Rail Ranch Estates. The group has submitted statements to the Board of Commissioners asking for a reconsideration of the zone change alleging that Ron Walker misrepresented his plans for the property in the written application to the Planning and Zoning Department.

The East Fremont Alliance argues that after the Commissioners approved Walker's zone change last December 9th, Walker sold the property several days later to the Holcim Company which eventually wants to turn the property into a limestone quarry. The Commissioners say it will be the responsibility of the group to offer proof of their allegations that Walker made false claims about intended use of the property in the application when the fact finding hearing is conducted. The Commissioners set the special hearing date on Wednesday, April 22nd, at 1:00 p.m. (The full text of the statement issued by the Board of Commissioners on Friday, March 20th, regarding this issue appears elsewhere in this News Now web page.)

The board on Tuesday also adopted Driveway Access Regulations that will be used by the Fremont County Road and Bridge Department. Commissioner Larry Lasha praised the efforts of the four district road foremen and County Building Official Mike Cox in drafting the language for driveway accesses. Commissioner Ed Norden said the changes in policy came about to make sure that each foremen was uniformly applying the same regulations on driveway access permits from one end of the county to the other.

Also approved was a resolution establishing a new fee schedule for driveway access permits. The new schedule calls for a $55 charge for a single residence access permit. Commercial access permits would be charged $55 for a vehicle unit with vehicle units being described as eight vehicular trips per day. The fee schedule then includes calculations for the number of trips compared to the square footage of commercial space in question.

The Commissioners conducted a pair of routine public hearings associated with creation of the North Canon Sanitary Sewer Improvement District. One hearing dealt with the formality of accepting the $1.3 million Community Development Block Grant from the Colorado Department of Local Affairs. The other hearing dealt with the formality of permitting construction of the sewer project partially in some flood plain areas.

In other business Tuesday the Commissioners:

Approved the final resolution adopting conditions for the Southern Delivery System water pipeline project;
Tabled again at the request of the applicant the Salt Canyon gypsum mine conditional use permit. The board will consider final conditions for the gypsum mine for GCC Rio Grande Inc. located along Highway 115 south of the Fremont-El Paso County line at the board's April 14th meeting;
Approved a temporary use permit for the Penrose Chamber of Commerce to operate a flea market at the Gooseberry Patch parking lot in Penrose this summer;
Authorized the chairman's signature on a $5,740 grant to install water and electrical conserving switches and toilets in restrooms in the County Administration Building.

Commissioners Issue Statement on Top Rail Ranch Zoning Controversy

2009-03-25T10:56:00.003-06:00

(The following statement was prepared by the Board of Commissioners in response to a written appeal from the East Fremont Alliance requesting that the board reverse the zone change approved in December for the Ron Walker Ranch at Highway 50 & 'R' Street in Penrose):

March 20, 2009

The Board of Commissioners has been petitioned by members of the East Fremont Alliance (EFA) of Penrose and the Commissioners have received numerous phone calls, visits, and letters from individuals in the area of Top Rail Ranch Estates demanding immediate action to reverse the zone change approval of December 9, 2008, for the Ron Walker Ranch. Residents argue that the Board relied on fraudulent statements and claims made by Mr. Walker in his written application that was reviewed by Planning and Zoning staff, the Fremont County Planning Commission, and the Board of Commissioners.

This letter is intended to advise all parties of the status of these complaints and the county's response.

When the issue was first addressed to the Commissioners, residents were told that in order to initiate board action it would be necessary to address the concerns and allegations in writing. That was done so in the EFA letter of March 7th which was hand delivered to the board on March 9th.

The Commissioners directed the Planning and Zoning Department to assemble all materials needed for legal review by the Commissioners and alternate legal counsel John Havens. It was also determined that the Planning and Zoning Department would handle all future communications to make sure documents went to a centralized location.

Planning Department and Board records indicate the following in regards to the December 9th zone change hearing:
Adjacent property owners were notified and the signage was properly placed on the property, notifying interested parties 14 days in advance of the Public Hearing. Notice of the Public Hearing was also as required by law.
No person appeared at or addressed the Commissioners during the Public Hearing on the Walker zone change. The Planning Commission minutes also indicated there had been no opposition during that meeting. Based on Planning Department review of the application, the Planning Commission's unanimous recommendation for approval on November 5, 2008, and testimony during the Public Hearing before the Board of Commissioners, the Commissioners granted the zone change.

The Board believes that these questions were presented in a timely fashion, that the questions have merit, and that there is reasonable justification for us to review the statements made by the applicant on the application form, during testimony before our Planning Commission and during the Public Hearing before the Board of County Commissioners.

Following further review and consultation with Mr. Havens the Board of Commissioners has placed an item on the agenda at the March 24th regular meeting to set this matter for another hearing on April 28th. (the hearing now officially set for 1 p.m. April 22) This would allow time for the hearing to be advertised and publicly posted in accordance with regulations.

At the hearing the Board will consider the allegations and it will be the responsibility of the challengers to support their claim and offer documentation that there were misrepresentations contained in the application or during testimony, as well as introduce new evidence. The applicant will be allowed to refute any allegations made during the hearing, as well as introduce additional evidence.

It is anticipated that at the conclusion of the special hearing the Board of Commissioners will determine whether its December 9, 2008, zone change approval should be rescinded.

Because several people have raised questions regarding other nearby property owned by Holcim Inc. to the east of Top Rail Ranch Estates, it must be clarified that the zone change in question dealt only with the Ron Walker Ranch. That is the only property for which discussion will be allowed at a reconsideration hearing.

Written comments on this matter for the public hearing should be directed to the attention of the Fremont County Planning and Zoning Department. All of these materials are shared with the Board of Commissioners. Previously written comments will be included as part of the hearing's public record.