HomeMy WebLinkAbout860515.tiff HEARING CERTIFICATION
DOCKET NO. 86-19
RE: SECOND HEARING CONCERNING THE CREATION OF A LOCAL IMPROVEMENT
DISTRICT - ANTELOPE HILLS SUBDIVISION, FIRST AND SECOND FILINGS
A public hearing was conducted on May 28, 1986, at 2:00 P.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gordon F. Lacy, Pro-Tem
Commissioner Gene Brantner - Excused
Commissioner C.W. Kirby
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Director of Finance and Administration, Don Warden
Director of Engineering, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated March 24, 1986, and
duly published March 27, 1986, in the Johnstown Breeze, a public
hearing was conducted to consider the creation of a Local Improvement
District to be known as Weld County Antelope Hills Local Improvement
District No. 1986-1, for the purpose of constructing and installing
street improvements and to include other various improvements on
certain roads within Antelope Hills Subdivision, First and Second
Filings. Lee Morrison, Assistant County Attorney, made this matter of
record. Mr. Morrison said this hearing is considered the final hearing
which would then order the improvements be done in accordance with the
plans and specifications drawn up by the County Engineer. He said
modifications can be made to the preliminary order which was approved
on April 9, or the order can be rescinded. Mr. Morrison explained the
findings which the Board is required to make at this hearing. Mr.
Scheltinga, Director of Engineering, made his presentation at this
time. He submitted a copy of the final estimate to the Board and to
the members of the audience, showing the total cost of the project to
be in the amount of $64,607.40. This estimate shows the cul-de-sac
being included in the paving plan. David Gutierrez, owner of property
on the cul-de-sac, said he prefers that it be paved. Dick Hergert,
homeowner in Antelope Hills Subdivision, said a meeting of the
homeowners was held and there was no opposition to the cul-de-sac being
paved. Mr. Morrison read letters from two homeowners requesting that
they be excluded: one from Joseph Borla, owner of Lot 6; and the other
from Charles Brown, owner of Lots 18 and 19, who is objecting to the
assessment on Lot 19, into the record. Mr. Morrison said the Board, in
determining an exclusion, must decide whether the assessment is
equitable, and if there is a benefit to the propery being assessed.
After discussion, the Board determined that Lot 6, owned by Joseph
Borla, should not be excluded. While considering the request of
Charles Brown that Lot 19 be excluded, Commissioner Lacy asked if a
partial assessment could be made on this lot. Mr. Morrison said there
are various ways of apportioning the assessment based on benefit, but
the petition requested assessing equally on a lot basis. Those in the
audience coming forward to make comments in opposition to this
exclusion were Dick Hergert and Jerry Brodzinski. Following
discussion, the Board determined that Lot 19, owned by Charles Brown,
is not to be excluded. Mr. Morrison commented on the Agreement and
Covenant Not to Sue the County, which was mailed to each landowner in
Antelope Hills Subdivision for signature, and he read the names of
those who have not yet returned this document. He said all of the
860515
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RE: CERTIFICATION - ANTELOPE FILLS
Covenants must be received before final action can be taken, but the
Board can make the final decision contingent upon receiving all of the
documents. (TAPE CHANGE #86-39) Commissioner Kirby moved to approve
the final order, based upon the preliminary order, with the changes set
forth in the submittal by the County Engineer and including the
cul-de-sac, the finding that procedures were properly followed by
Notice and hearing, and that the proper petition was presented with the
proper number of owners and that the properties included are benefitted
by the project, as set forth in the preliminary order, and contingent
upon the receipt of the Covenant Not to Sue the County, with the Board
to reconvene June 4, if all the documents are not received by that
date. Commissioner Lacy seconded the motion and it carried
unanimously.
This Certification was approved on the 2nd day of June, 1986.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County lerk and Recorder
and Clerk to the Bo J cque e s n Chairman
1 q
eputy County Cle k G d .acy, ro-
EXCUSED DATE OF HEARING
Gene
R.
R.. Brantner r
C.W. Kirby
Frank Yamayet
TAPE #86-38 & #86-39
DOCKET #86-19
860515
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 28, 1986
DOCKET # 86-36 JOY JEFFERSON, USR-HORSE TRAINING & BOARDING FACILITY
DOCKET # 86-19 FORMATION OF ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT
DOCKET #
PLEASE write or print legibly your name, address and the LOC # (as listed
above) or the applicants name of the hearing you are attending.
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. . 1E ADDRESS HEARING ATTENDING
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