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Home My WebLink About980603.tiff • RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#961 -WILLIAM KOBOBEL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 12, 1998, a Show Cause Hearing was conducted to consider revocation of Special Review Permit#961, issued to William Kobobel, 7909 Weld County Road 5, Longmont, Colorado 80501, and WHEREAS, at said hearing of January 12, 1998, the Board deemed it advisable to continue said matter to March 16, 1998, at which time the Board deemed it advisable to continue said matter to April 13, 1998, and WHEREAS, William Kobobel is the owner of the facility located on property described as part of the NE% NE% of Section 29, part of the SE% of Section 20, and part of the SWY of Section 21, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of April 13, 1998, the County Engineer advised the Board that an agreement has been approved by the Board between the County and Mr. Kobobel, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to dismiss the Show Cause Hearing without prejudice. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning revocation of Special Review Permit#961, issued to William Kobobel, be, and hereby is, dismissed. 980603 PL 1 / l i'oh jh/ PL0859 RE: SHOW CAUSE HEARING -WILLIAM KOBOBEL (USR#961) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1 %aj1/f�' z9�.-s. ..2 IG� et � A Consti/LIe1Tern \ t7 e L. Harbe , Chair Weld County rk ariczi , cifi O W. H. er, BY: •_ 31 � .. .t Deputy Cle 1 '�a7 l� ��/ - eorge . Baxter APP D AS TO FORM: Dale K. Hall / // my or 4.� A G ,— Xis ..�")7A - Z A . arbara J. Kirkmeyer (� 980603 PL0859 WCR 5 - IDAHO CREEK Base 3090 Tons Purchase $ 4 $12,360 Haul $ 1 3,090 Place L 2 6.180 $ 7 $21,630 Asphalt 1150 Tons Purchase $16 $18,400 Haul $ 1 1,150 Place $__5 $ 5,750 $22 $25,300 TOTAL $46,930 County 34% $16,170 Idaho Creek 66% 30.760 $46,930 3550 IDAHO CREEK GRAVEL CO. PH.303-772-6916 303-530-1539 METRO 7909 WELD COUNTY ROAD 5 B2-62/1070 LONGMONT, CO 80504 DATE ' l» - Qg P7AYTOTHE /1 = S�COOr ORDEROF WQ 1d C� <vU a' — DOI.LARS® �" FIRST n NAL BANK OF LONGMONT PO BOX 1559 LONGMONT,COLORADO 80502-1159 TELEPHONE 303-776-5800-METRO 629-5592 � - 0003 5 50+x' ': i0 70006 28': i 2073e 3e !Y 1 i, Mc,-.7; ( V Ia07 S�' 4. 1� i rt 41/31c, WCR 5 - IDAHO CREEK Base 3090 Tons Purchase $4 $12,360 * $12,360 * Haul $1 $3,090 $3,090 * Place $2 $6,180 $6,180 $7 $21,630 $21,630 Asphalt 3090 Tons Purchase $16 $18,400 * $18,400 * Haul $1 $1,150 $1,150 Place $5 $5.750 $5.750 $22 $25,300 $25,300 County $16,170 34% $13,080 28% * Idaho Creek $30 760 * 66% $33.850 72% $46,930 $46,930 Value of Liquid Asphalt Cement 1150 Tons Asphalt x 6% Liquid AC Content = 90 Tons of Liquid AC 90 Tons of Liquid AC x $100 = $9,000 I � COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT • THIS AGREEMENT, made and entered into this day of , 1998, by and between the County of Weld, State of Colorado, hereinafter called "County" and William E. and Margaret Kobobel DBA Idaho Creek Gravel Company, 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 agree 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 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 Road 18 and the mine entrance. Page 1 of 4 2. The Operator is restricted to hauling on the roads identified in Paragraph 1 above. 3. The Operator will be responsible for controlling dust on the unpaved portion of the haul route when necessitated by hauling from the permit area. The Operator is responsible for using materials and methods not inconsistent with any federal, state, or local laws, rules or regulations pertaining to hazardous materials, health, or environmental protection. 4. The Operator will maintain the unpaved portion of the haul route by grading to keep the surface reasonably smooth when necessitated by hauling from the permit area. 5. The County will complete paving Weld County Road 5 between Weld County Road 18 and the mine entrance by July 1, 1998. The paving will consist of three inches of hot bituminous asphalt, 24 feet wide with a 6" Class 6 aggregate base course. A two foot aggregate shoulder will be constructed. 6. The Operator will furnish the necessary base material and haul the base material. 7. The County will place the base material, and haul and place the hot bituminous pavement. The County will purchase the hot bituminous pavement through its 1998 Bid process. The Operator will reimburse the County in two equal payments due on July 15, 1998, and October 15, 1998. 8. The County will inspect and replace any culverts that are in a deteriorated condition prior to paving. 9. All construction and materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction. 10. The County will provide testing and inspection for the construction. 11. 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. 12. 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, 13. 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. Page 2 of 4 14. 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. 15. When requested by the County, the Operator shall provide information as to the amount of materials, in tons, removed from the pit over a specified period of time. When combined with information provided by other operators, the proportionate amount of materials removed by each operator will be used to determine each operator's share in maintenance and improvements. No costs for maintenance and improvements associated with traffic not generated by the gravel operators will be assessed to the gravel operators. 16. 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 by separate agreements. 17. The burden on currently permitted gravel operations will not be increased as a result of future gravel operations. 18. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any provision of this agreement be construed to create any duty, standard of care, or rights in favor of any third parties with respect to any obligation created by this agreement. 19. If the Operator does not participate as outlined 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. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. WHEREFORE, parties have hereunto set their hands and seals the date and year first written above. IDAHO CREEK GRAVEL COMPANY ATTEST: By: William E. Kobobel ATTEST: By: Margaret Kobobel ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: By: Deputy Clerk to the Board George E. Baxter, Chair m:\wpfiles\ag remnt\kobobe.new Page 4 of 4 Idaho Creek Gravel Company 7909 Weld County Road#5 Longmont,CO 80504 3M-772-6916 Fax:303-7749808 January 7, 1998 Mr. Drew Scheltinga,County Engineer Administrative Building 1400 N. 17th Avenue Greeley,CO 80631 Dear Mr. Scheltinga: This letter is in regards to the issue of paving the portion of Weld County Road#5,the entrance of Idaho Creek Gravel Company,north to Weld County Road#18,approximately 1/2 mile. We are hereby agreeing to and propose the following: a: Idaho Creek Gravel Company will furnish the 4"-6" class 6 Road Base to county specifications. b: Asphalt: Idaho Creek Gravel Company will reimburse the county for the AC at an amount not to exceed $16.00 per ton. c: Weld county will haul and place the Road Base and AC to county specifications at their expense. d: Idaho Creek Gravel Company shall have a period of two years after completion of the road to pay the county in full. The budget for this project is as follows: Approximately 6900 square yards 3,450 tons of Base $17,250. Cost of hauling Road Base $2,950. Blade,Roller&Water Truck $ 9,600. $29,800. 1100 ton of AC $17,600. Total $47,400. Thank your Drew,for all of your assistance. We sincerely hope that this proposal will be acceptable to the county commissioners. Mr.Drew Scheltinga,County Engineer Page 2 January 7, 1998 Sincerely, William Kobobel President,Idaho Creek Gravel Company WEKJjkg Hello