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HomeMy WebLinkAbout980063.tiff HEARING CERTIFICATION DOCKET NO. 98- 06 RE: SHOW CAUSE HEARING FOR REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#961 FOR AN OPEN-PIT GRAVEL MINING OPERATION - KOBOBEL A public hearing was conducted on January 12, 1998, at 10:00 a.m., with the following present: Commissioner W. H. Webster, Chair Commissioner W. H. Webster Constance L. Harbert, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika County Engineer, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated December 8, 1997, and duly published December 31, 1997, in the Platteville Herald, a public hearing was conducted to consider the revocation of USR #961 for William Kobobel for an Open-pit Gravel Mining Operation. Lee Morrison, Assistant County Attorney, made this a matter of record. Drew Scheltinga, County Engineer, displayed a map of the area, which highlighted the site and the haul route. Mr. Scheltinga submitted the letter he received from Idaho Creek Gravel Company containing its proposal for paving the portion of Weld County Road 5 from the entrance of the site north to Weld County Road 18. Mr. Scheltinga also displayed an overhead showing the proposed breakdown of costs for the County and Idaho Creek Gravel Company. The County total would equal $16,170 or 34 percent, and the Idaho Creek Gravel Company total would equal $30,760 or 66 percent. Mr. Scheltinga explained if this proposal is approved paragraph #5 of the Road Maintenance Agreement would need to be amended to update the company ownership. Responding to Chair Harbert and Commissioner Kirkmeyer, Mr. Scheltinga stated under this proposal the County would be paying 34 percent rather than the operator paying 100 percent and the completion date will depend on the weather and final agreement. The County's normal procedure is to complete a traffic survey and divide the cost proportionately. Commissioner Kirkmeyer stated she cannot agree with the County paying 34 percent and questioned the cost of asphalt. Following discussion, Mr. Morrison stated payments could be made over periodic intervals, an escrow fund could be established for more frequent payments, or the applicant could be requested to post collateral. Mr. Scheltinga stated under paragraph #7 of the original agreement the cost would only be about 20 percent of the proposed $16 per ton for asphalt, totaling $3,680. Commissioner Webster commented the added cost for the asphalt is balanced by the reduced hauling costs due to the work site being so close to the mining pit. Commissioner Baxter stated sharing 30 percent seems fair since other County residents will be benefiting from the paving. 980063 ['C; �� PL0859 HEARING CERTIFICATION - KOBOBEL (USR#961) PAGE 2 William Kobobel, President of Idaho Creek Gravel Company, stated this proposal is the best the company can do financially. He added the paving was originally supposed to be completed in 1994; however, the company was not in operation at that time. In response to Commissioners Hall and Webster, Mr. Kobobel stated payments could be made every six months and explained he used past experience to get his figures for completing this project. Mr. Kobobel also stated there are only two homes in the area including his, therefore, the main traffic consists of private residents, his customers, and farmers. In response to Commissioner Harbert, Mr. Kobobel stated completion will depend on the County work schedules and weather. After further discussion, Mr. Morrison stated it would be best to continue the hearing to allow time for the Engineer and Mr. Kobobel to work with the numbers and come to an agreement on amounts and the date of completion. Responding to Commissioner Webster, Mr. Scheltinga stated he would prefer to delay starting work until May or June to avoid flooding, and have the project completed no later than July 1, 1998. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to continue the Show Cause hearing to March 16, 1998, at 10:00 a.m. The motion was seconded by Commissioner Webster. Commissioner Kirkmeyer indicated to staff she would like the County cost not to exceed $12,550; the applicant to start payments this year around May or June; and the project to be completed by the end of the season in October. Commissioner Harbert agreed with Commissioner Kirkmeyer and Commissioners Webster and Baxter indicated they are satisfied with the County's percentage at 34. Commissioner Kirkmeyer stated the final agreement will come back before the Board for approval. Upon a call for the vote, the motion carried unanimously. This Certification was approved on the 14th day of January, 1998. - APPROVED: ATTEST: ! - �� BOARD OF COUNTY COMMISSIONERS f WELD COUNTY, COLORADO t� , Weld Couo erx B _�is-�U�tz�� Lit ZZern Constance L. H bert, Chair BY: Deputy Cle rd G ���) V' 2 W. H. Webster, Pro-Tem TAPE #98-02 orge . Baxter DOCKET#98-06 Dale K. Hall EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer 980063 PL0859 Hello