HomeMy WebLinkAbout20022242.tiff HEARING CERTIFICATION
RE: INTENT HEARING TO CREATE WELD COUNTY ROAD 57 LOCAL IMPROVEMENT
DISTRICT#2002-1
A public hearing was conducted on August 14, 2002, at 9:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that a public hearing was conducted to consider the intent to create Weld County
Road 57 Local Improvement District#2002-1. Lee Morrison,Assistant County Attorney, made this
a matter of record, and noted the State does not require a formal notice for preliminary hearings;
however, notices were mailed to property owners within the proposed district, as well as other
interested parties. Mr. Morrison gave a brief description of the location of the right-of-way for Weld
County Road 57, and stated, if approved, formal notices will be mailed to the potential members
of the Local Improvement, as well as a courtesy notice to those outside the district.
Drew Scheltinga, Department of Public Works,reviewed which parcels would be included,and their
respective costs in relation to usage. Mr. Scheltinga displayed a typical road cross section, and
stated to build this road will require 50 feet of right-of-way. He added there is currently 30 feet of
County right-of-way on the east side of the section line; however, the county does not have
right-of-way on the west. He further stated, if approved and accepted for maintenance, the road
will require 30 feet on the west side to construct the road. He stated the current roadway is narrow,
and expansion will likely require the relocation of utility poles and improved drainage. He stated
it will cost approximately $13,500 to acquire the additional right-of-way, as well as $2,000 to
relocate a fence. Mr. Scheltinga stated his estimates do not include administrative costs, and the
Board does have the option of requiring the petitioner to include the additional costs in the petition.
He further stated the County will be required to bid the construction work; however, if the bid
amounts are rejected,they can perform the work with County forces. In response to Commissioner
Masden, Mr. Scheltinga stated they do have the option of acquiring more right-of-way on the east;
however, that would impact the utility line and result in additional costs. He stated it would also
create problems for alignment if the road is extended in the future. Frank Hempen, Jr., Director
of Public Works, added the details will be reviewed, and he concurred that of,catting the road to
the east will create alignment problems with the intersection at Weld County Road 20.
John Jervis, petitioner, stated he started this project in October 1999, because this road has been
an issue of conflict among the neighborhood. He stated the issue has worsened as more people
move into the area. Mr. Jervis stated this will create a safe road, built to public standards, and
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accessible to public services. He stated it will help preserve their vehicles, eliminate drainage
problems and puddles causing mosquitos. The road will be designed by experts, with resources
to continue the maintenance.
Kathy Kavonda, area resident, stated Mr. Jervis has created problems in obtaining maintenance
on the road. She stated her husband and a neighboring oil company have both offered to maintain
the road; however, Mr.Jervis has demanded a written proposal. She further stated there are many
residents or property owners in the area who are opposed to this proposal, or were not even
notified. Ms. Kavonda stated moving the utility lines will negatively impact the neighbors to the
east, and the United Power poles are not in the right-of-way. She stated roads that are County
maintained do not appear much improved over the current condition of Weld County Road 57. She
stated the traffic speeds through this area, so the speed limit needs to be reduced with a police
presence to stop the problem. She further stated the west side does not have culverts, so that
should also be figured into the overall cost. Ms. Kavonda questioned what the homeowners will
be required to do, and who will be responsible for any additional costs. In response to
Commissioner Geile, Ms. Kavonda stated there are 13 land parcels and 10 land owners. Mr.
Morrison stated the three southern parcels will not be included in the district because they have
access from Weld County Road 20, so the District would involve 10 parcels and 7 land owners.
She stated she submitted a letter expressing her opposition, which has been included in the file,
along with comments from other residents who are satisfied with private maintenance of the road.
In response to Mr. Morrison, Ms. Kavonda reiterated she feels people were intentionally left out,
and added some of the residents do not intend to give easements.
Terry Wilder, area resident, stated they will not benefit from the proposed improvements, so they
were eliminated from the process; however, if some of her land is required for the right-of-way,she
should have a say in the process. Ms. Wilder stated she is opposed to any cost, and feels the
County is at fault for not obtaining the 30 feet on the west side prior to sale and development of
these lots. If approved, Ms. Wilder suggested the road be improved for the full mile so this process
does not have to be repeated in the future. She stated this road would give Waste Management
a direct access to the land fill and yet they have not been contacted or assessed a cost. Mr.
Morrison stated during this process, the Board must determine the cost in relation to the benefit
received from the improvements. He stated this petition uses the distance traveled to create the
proportional cost, and the options will be addressed in detail if the Board declares its intent to
create the District. Bruce Barker, County Attorney, explained the west side of the section line was
not part of public domain in 1889,therefore, it was not in the County's ability to obtain it at that time.
Alfred Wilder, area resident, stated there is a 15-foot road easement from Weld County Road 20
to the West property leading to oil tanks on the east side of the section line. He stated the oil
company began using the established road since it is better maintained than the easement.
Jerry Feather, area resident, stated he signed a Nonexclusive License Agreement with the County
for the roadway north of the proposed Improvement District. He stated Weld County Road 57 has
been a problem since various Recorded Exemptions were created by Ken Madsen and then sold
to subsequent owners. He stated Waste Management indicated it uses Weld County Road 59,
which is paved, or Weld County Road 26, if necessary. Mr. Morrison stated this would create
public right-of-way, even if not currently maintained by the County, so the property owners to the
east are not allowed to restrict public traffic. In response to Commissioner Geile, Mr. Feather
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stated he purchased his property in October 10, 1999,from Kenneth Madsen who indicated he was
unsuccessful in getting the County to maintain, so he signed a Nonexclusive License Agreement.
Jack Kavonda, area resident, stated there is a meter building used by Kerr-McGee at the
intersection of Weld County Roads 57 and 20, and a pipeline extends from there on the west side
of the road, so the petition also needs to take those pipelines into consideration. He stated it does
not appear the residents will receive any significant benefits by creating this as a County road.
Mr. Feather stated he and Mr. Jervis will contribute 48 percent of the total cost.
Ken McMann, area resident, questioned the purchase price for acquisition of additional
right-of-way. Mr. Scheltinga stated if the right-of-way is purchased, staff will examine recent land
sales in the area and offer a comparable price. Mr. McMann stated his tax assessment is much
more than the estimated figure of$5,000 per acre. There being no further comments, Chair Vaad
closed public testimony.
In response to Chair Vaad, Mr. Morrison stated if the district is formed, the District will not have
eminent domain, but the County will. He stated the County could use the right of eminent domain
to make the acquisition; however, it would still involve determining the fair market value through
the courts if the County's offer is rejected by the property owner. In response to Commissioner
Geile, Mr. Morrison reiterated that the general public does have the right to access through the
eastern 30 feet. He further stated if any development is proposed north of Weld County Road 20,
staff will be fully aware of the lack of adequate access and address the issue prior to approval.
Chair Vaad stated the Board must decide whether to declare its intent to create a Local
Improvement District as presented in the petition, with a ceiling of$50,000 and the understanding
that there may be additional costs for right-of-way acquisition, fence relocation, the possibility of
pipeline relocation, and administrative costs. Mr. Morrison stated if the district is created, the
County will assume any additional costs to those stated in the petition. Responding to
Commissioner Geile, Mr. Morrison reviewed the names which are part of the petition, and stated
each petitioner would get a vote if the District is approved, since voting is not based on the amount
of property they own.
Commissioner Jerke commented it does not appear this item is complete, and it does not hold the
County harmless as to right-of-way issues. He stated the cap and proportional costs based on the
amount of use is a good concept. He further stated the property owners which have access to
Weld County Road 20 have been excluded since they will not directly benefit from the
improvements; however, if additional right-of-way is required from their property, they will be fairly
compensated.
Commissioner Long concurred, and stated he applauds the efforts of the petitioner; however, he
feels this may adversely affect the constituents of Weld County as a whole in setting a precedent.
Commissioner Masden moved to decline to Declare the Intent to Create Weld County Road 57
Local Improvement District #2002-1. The motion was seconded by Commissioner Long. There
being no further discussion, the motion carried unanimously. There being no further discussion,
the hearing was completed at 11:00 a.m.
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This Certification was approved on the 19th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELDT COLORADO
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ATTEST: Le# , ; j
a` Glenn Vaad, Chair
•
Weld County Clerk to th o. 0'
tabt GiTgo EXCUSED DATE OF APPROVAL
David E. ng, Pro-Tern
BY:
Deputy Clerk to the B UNI � '! Bib-i
M. J. Geile
TAPE #2002-26 and #2002-27
illi m H. Jerk
kr,
obert D. Masden
2002-2242
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