HomeMy WebLinkAbout921995.tiff BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
USR-961 (KOBOBEL)
DEPARTMENT: Engineering DATE: January 15, 1992
PERSON REQUESTING: Drew Scheltinga, County Engineer
Brief description of the problem/issue:
Our new procedures require a USR applicant to get a Road Maintenance and
Improvements Agreement accepted by the Board of Weld County Commissioners prior
to the USR hearing. The attached agreement is submitted by Kobobel and affects
the roads in the Rinn area.
As the Board is aware, I have been working with Western Paving and C & M to
develop new agreements that would address all the haul routes in the Rinn area
(Road 7, Road 20.5, Road 5, and Road 18) . The new agreements contemplated the
gravel operators getting together annually, agreeing on the work to be done,
and the method to accomplish the work. The agreement submitted by Kobobel is
consistent with the new agreements, with his additions underlined.
Paragraph 7 is the only substantial change. It would require Weld County to
determine which truck users are causing the impacts, the amount of material
hauled from the pits, and to assign the costs to the gravel operators
accordingly.
Also, the entrance to Kobobel's pit would be on Road 5 approximately one-
quarter mile southwest of the intersection of Roads 5 and 18. That quarter-
mile stretch is not paved. In my memo responding to the planning referral, I
recommended the road be paved.
What options exist for the Board? (Include consequences, impacts, costs, etc.
of options) :
The Commissioners could continue with the policy of calling the gravel
operators together annually and having them cooperate together in making the
road improvements. This offers the greatest flexibility. Western and Frontier
have done a reasonable job in past years. However, we have not had acceptable
results in 1991 between Frontier and C & M.
PL0859
0%, (5-7 921995
Road Maintenance and Improvements Agreement, USR-961 (Kobobel)
Page 2
Another option, as outlined in Kobobel's Paragraph 7, is for the costs to be
borne by the operators based on the amount of tons removed from each pit.
Unfortunately, there is no standard production reporting required of gravel
operators. They would have to voluntarily report based on their own records
which they may not be willing to share.
Recommendation to the Board:
I recommend the applicant be required to pave the road between his entrance and
the intersection of Roads 5 and 18.
Although C & M and Western did not live up to their promises in August of 1991,
we have had good luck with Western and Frontier in the past. I think the
annual review and work plan, with the operators working out the details, offers
the best approach. I recommend we remove Paragraph 7 and put the
responsibility back on the operators to come up with a work plan. If they
cannot, we could fall back to some kind of tonnage approach.
I suspect the Commissioners will want to discuss this issue.
Initial:
Approve Schedule
Recommendation Work Session Other
Lacy
Kennedy
Kirby _
Harbert
Webster
DS/mw:wskob.mrw
Attachment
cc: Sod Allison, Planning Department
ee Morrison, Assistant County Attorney
WCR's 5, 18
COUNTY OF WELD, STATE OF COLORADO
LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1992 , by and between the County of Weld, State
of Colorado, hereinafter called "County" and
hereinafter called "Operator" .
WHEREAS, the Operator and other gravel operators have acquired
land use permits from the County for gravel mining and plant
operations in the area of Rinn, Colorado, and
WHEREAS, it is anticipated there will be additional land use
permits granted by the County in the future, and
WHEREAS, gravel mining and plant operations are anticipated to
continue in the area of Rinn, Colorado, well into the future, and
WHEREAS, the County roads in the area of Rinn, Colorado, will
be impacted by heavy truck traffic generated from gravel mining and
plant operations and by other businesses using heavy trucks such as
trash haulers and farmers, and
WHEREAS, present and future gravel operators are required to
enter into Road Maintenance and Improvements Agreements with the
County to mitigate the impact created by heavy truck traffic , and
WHEREAS, haul routes overlap between different gravel
operators and the existing haul routes are difficult and
impractical to manage, and
WHEREAS, the maintenance and improvements required will vary
over time and provisions should be made to address future
requirements , and
WHEREAS, the County and the Operator acree it would be
advantageous to set forth an equitable agreement that would provide
a basis for future Road Maintenance and Improvements Agreements
between all parties concerned .
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter set forth, the County and the Operator
mutually agree as follows :
1 . The County roads considered in this agreement are haul
routes that are established by land use permit USR 961
previously granted by the County and are as follows :
Weld County Road 7 between Colorado State Highway 119 and
Colorado State Highway 52 ; Weld County Road 18 between
Weld County Roads 7 and 5 ; and Weld County Road 5 between
Weld County Roads 18 and the mine entrance .
Page 2
2 . The Operator is restricted to hauling on the roads
identified in Paragraph 1 above.
3 . The County will, to the best of its ability within the
restrictions of the law, require future gravel operators
that use the haul routes described in Paragraph 1 above,
to participate in Road Maintenance and Improvements
Agreements as outlined herein.
4 . The Operator and present and future gravel operators are
required to share in reasonable future maintenance and
improvements when such maintenance is related to their
hauling impacts.
5 . Upon notification by the County, all gravel operators and
the County will examine the roads and determine a plan
for the maintenance and improvements that are required.
The County will have the final determination as to what
maintenance and improvements are required based on input
from gravel operators using the road.
6 . Upon determining what maintenance and improvements are
required, a separate agreement shall be drawn detailing
the work to be done and the costs to be shared.
7 . In order to determine the cost sharing, the County shall
measure the proportion of gravel trucks and other heavy
truck users on the road in question. The County shall
request evidence from the gravel operators as to the
amount of materials , in tons , hauled on the road over a
specified period of time . used on the percentage of
tons hauled, the County shall assign costs no the gravel
operators for that proportion of impact caused by gravel
trucks . The County shall be responsible for the costs
associated with the proportion of impacts caused by other
heavy truck users .
8 . It is anticipated that the Operator or future and present
gravel operators will perform the work and share in the
equipment, labor, and materials required. Any sharing
done between the gravel operators shall be in separate
agreements . Based on input from the operators, the
County shall determine standard unit costs for equipment,
labor, and materials and periodically update these unit
costs .
Page 3
9 . If Weld County does not require a future gravel operator
to share a reasonable portion of maintenance and
improvements, the County will be responsible for that
portion.
10 . If The Operator does not participate as outline in this
Agreement, it will constitute a violation of the
operator' s land use permit granted by the County. The
County shall have the right to take remedial measures,
within a reasonable amount of time, against the Operator
for non-participation.
IN WITNESS WHEREOF, the parties hereto have duly executed the
agreement the day and year first-above written.
By:
Title: •
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By:
Gordon E. Lacy, Chairman
By:
Deputy Clerk to the Board
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