HomeMy WebLinkAbout931676.tiff HEARING CERTIFICATION
DOCKET NO. 93-14
RE: PRELIMINARY HEARING TO CONSIDER CREATING LOCAL IMPROVEMENT DISTRICT -
JOHNSON SUBDIVISION
A public hearing was conducted on April 7, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Director of Engineering Department, Drew Scheltinga
The following business was transacted:
I hereby certify that a public hearing was conducted to consider the
creation of a local improvement district with Johnson Subdivision. Lee
Morrison, Assistant County Attorney, made this a matter of record. Mr.
Morrison noted that informal notice was sent to all property owners, and
he said the Board should consider accepting the draft resolution declaring
the intent to create a local improvement district. Mr. Morrison defined
the areas included in the district, and he said there are two lots within
the City of Greeley. Chairman Harbert explained the hearing procedure.
Drew Scheltinga, Director of Engineering Department, said there is a total
of 40 lots of which 31, or 78% percent, petitioned in favor of the
improvement district. Mr. Scheltinga said the lanes will consist of 2" of
asphalt to be 24' wide, with 4' shoulders to consist of 2" of aggregate.
The total cost estimate is $49,500, with assessments to be $1,237.50 per
lot. Mr. Scheltinga submitted for the record as Exhibit D three overhead
displays illustrating the district, the cross section of the road, and a
table of the estimated payments over 10 years. Mr. Scheltinga said 40th
Avenue, 'B' Street, 38th Avenue, and the 40th Avenue cul-de-sac will be
paved. He noted that West 1st Street and the cul-de-sac, which is not yet
constructed, off 40th Avenue Court will not be paved. He also noted the
three lots around said cul-de-sac are not included in the district. Mr.
Scheltinga said Lots 30 and 31 in the First Addition are within the City
of Greeley. In reference to the cross section display, Mr. Scheltinga
said no additional base course will be needed under the paving. The
existing base course will be used to shape the grade for two 12' lanes.
He said the drainage problems have been discussed with the residents, and
it was decided that ditches and culverts are not the best advantage and
will not solve the problems. The alternative is to match the existing
grades, with no major changes, then pave the primary driveway approaches
as they exist at each lot. The existing width will be paved out to the
right-of-way and shaped to drain across the approaches. This will have
the least impact and compromise the ditches and culverts, with the cost
being included in the estimate. Mr. Scheltinga said installation of a
concrete gutter pan at the 40th Avenue cul-de-sac will require reshaping
and paving, and the lots on the east side of 40th Avenue will need grading
because they are high. He noted that compared to the bids opened for
Arrowhead Local Improvement District, the costs are compatible with the
estimate. Mr. Scheltinga said the total cost will be recouped by the
district, being divided evenly among the 40 lots. He reiterated that
drainage problems exist for the lots and the streets; however, the roads
will be paved as they exist with the same grades, and there will be no
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HEARING CERTIFICATION - JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT
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correcting of major drainage problems. Mr. Scheltinga explained the
financing will be at 8% simple interest for 10 years. He noted the costs
are based on the estimate, and the final cost will be established at the
assessment hearing. Mr. Scheltinga explained that this is the first of
three hearings and the process taken. He requested the Board approve the
bidding process now and not wait until the creation hearing, since there
is a large majority in support of the district. Richard Redfern, property
owner of Lot 36, questioned whether both approaches would be paved on a
circle drive. Mr. Scheltinga described the difference between primary
driveways and secondary driveways. He said they counted 45 primary
driveways to be paved, at $200 each, which are included in the cost
estimate. In response to further questions of Mr. Redfern, Mr.
Scheltinga said any additional paving would need to be worked out between
the contractor and the individual owner. He said unpaved rights-of-way
will vary with each lot, and maintenance of such will be up to the
individual owners. Mr. Morrison also responded by saying landscaping such
as grass and flowerbeds would be acceptable; however, rock or other solid
matter may interfere with drainage and safety. He confirmed that Weld
County could use the right-of-way if necessary in the future. Mr. Redfern
also expressed concern about the drainage around the mailboxes. Mr.
Scheltinga said the mailboxes could be moved next to the pavement since
the area does not have heavy traffic and there are no through streets.
After further questions and statements from Mr. Redfern, Mr. Morrison said
there are no local ordinances regarding snow piling; however, State
statute provides for prohibition of travel on public roads. Chairman
Harbert suggested Mr. Redfern speak with legal counsel after the hearing
concerning the ongoing issue about semi-truck servicing in the area. Mr.
Scheltinga explained that if there are 85,000-pound trucks repeatedly
traveling the road, it will not be sufficient. If there are only tractors
being serviced which occasionally travel the road it will work fine;
however, it is intended for light subdivision traffic, and a large number
of trucks per day will shorten the life. Mr. Redfern said there are
covenants, and they do not allow commercial businesses. Mr. Scheltinga
noted that the district is only assessed this one-time cost, and Weld
County will maintain the roads thereafter. Dave Trevarton, property owner
of Lot 37, said he also has concerns about the semi-truck traffic, and he
is in support of the district. He questioned whether the ditch will be
maintained after paving. Mr. Scheltinga said the road will be shaped
during construction and the shoulders will blend into the edge of the
road, with no ditch. There was further discussion concerning the
alternatives and snow plowing. Josh McDonald, property owner of Lot 24,
said they have lived in the subdivision for 22 years, and he is very much
in favor of the paving. Stan Greenwood, property owner of Lot 28 in the
First Addition, said he appreciates the effort of staff and is also in
favor of the district. In response to a question from Chairman Harbert
regarding the two lots within the City of Greeley, Mr. Morrison said the
assessment will still be paid to the Weld County Treasurer. He said the
streets may not be annexed, it may be only the lots; therefore, the
improvements may not be in the City. However, if they are within the City
a consent may be required from the City. Mr. Morrison said he has added
language to the draft resolution concerning said lots. Also in response
to Chairman Harbert, Mr. Scheltinga said if the bid process is done now,
the cost estimate will be very close to correct at the creation hearing.
Mr. Morrison said the recommended hearing date is May 19, 1993 at 10:00
a.m. Commissioner Hall moved to accept the draft resolution, with the
additional language concerning the property within the City of Greeley;
authorize the Engineering Department to proceed with the bidding process;
and set the creation hearing for May 19, 1993, at 10:00 a.m. The motion
was seconded by Commissioner Baxter, and it carried unanimously.
930202
HEARING CERTIFICATION - JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT
PAGE 3
This Certification was approved on the 12th day of April, 1993.
��� /I 'fQ/�J� APPROVED:
ATTEST:/ ��/✓ BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Weld Co ty Clerk o t e Board
By: Constance L. Ha bert, Chairman
eputy Cle k to the
/
`W. H. e stet, P em
TAPE #93-13 •
orge E. Baxt r 4/
DOCKET #93-14
14 Dale K. all
SD0043 a/
Barbara J. Kirkmeye
930202
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7th DAY OF April 1993:
DOCKET If 93-14 - Preliminary Hearing for Johnson Subdivision Local Improvement District
4/ 1993-2
PLEASE write or print your name legibly, your address and the DOCKET II (as listed
above) or the name of the applicant of the hearing you are attending.
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