HomeMy WebLinkAbout921696.tiff HEARING CERTIFICATION
DOCKET NO. 92-20
RE: PRELIMINARY HEARING TO CONSIDER CREATING LOCAL IMPROVEMENT DISTRICT -
WELD COUNTY ROAD 8
A public hearing was conducted on May 13, 1992, at 10:00 A.M. , with the
following present:
Commissioner George Kennedy, Chairman - Abstained
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby
Commissioner Gordon E. Lacy
Commissioner W. H. Webster
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 creation
of a local improvement district along Weld County Road 8. Chairman
Kennedy stated that since he has a financial interest in this matter, he
will abstain from the hearing, and Chairman Pro-Tem Harbert will chair
this hearing. Mr. Kennedy then left the podium. Lee Morrison, Assistant
County Attorney, made this a matter of record. Mr. Morrison said the
Board should consider accepting the draft resolution declaring the intent
to create a local improvement district. Drew Scheltinga, Director of
Engineering Department, said Weld County Road 8 would be paved from the
end of the existing paving approximately 2,350 feet east of Weld County
Road 27, east a distance of approximately 8.5 miles, to Weld County Road
45, excluding approximately .7 of a mile at the Interstate 76 overpass,
and that there are 229 total parcels. He explained the assessment policy,
with each parcel to be assessed $500. Mr. Scheltinga said there are five
subdivisions in the area consisting of Patches Estates, Country Estates,
Green Acres, Vantage Acres, and Apollo Subdivision. He said extensive
traffic counts have been completed on Weld County Roads 31, 39, and 45,
and Tate Avenue. An 11-hour visual count was done on Weld County Road 37,
with the majority of traffic being from the subdivisions, consisting of
88% cars and pickups, and only 6% heavy trucks. Mr. Scheltinga explained
the payment process and said the petitions in support contained 127
parcels, which is 55% of the 229 parcels. Three parcels, owned by Public
Service, State of Colorado, and a 4-H organization which is non-profit,
were excluded from the proposed district. Mr. Scheltinga said various
letters have been received. Lorene Hill and Myrtle Satterfield submitted
letters requesting their names be removed from the petitions. Mr.
Scheltinga said neither of their signatures were included in the total
number of signatures on the petition; however, Ms. Hill's parcel was still
included in the total number of parcels. Mr. Scheltinga said that Larry
Ramsey submitted a request to combine his three parcels and signatures on
the petition. Mr. Scheltinga said if this is approved, it would eliminate
two parcels and two signatures from the total counts. He also said a
request from Betty Price was received to remove her name, but he was not
aware of said request until today; therefore, her signature and parcel are
included in the total counts. Mr. Scheltinga said Mr. and Mrs. Ells have
submitted a separate petition, and Haliburton Resource Management is to be
submitting a petition soon. Mr. Morrison recommended the Board make a
determination today whether to allow further deletions and additions since
the statutes offer no guidance on that matter. Mr. Scheltinga said
asphalt would be 3" on 12' wide lanes, with 6" of aggregate base course.
He said the shoulders will vary, with a 4' minimum. No major earthwork,
fills, or cuts are foreseen; however, culverts will be replaced and barrow
ditches cleaned for proper drainage. He said no major problems with
construction are anticipated, and driveways will be handled consistent
with policy and the petitions. Mr. Scheltinga said preparation work will
be done by Weld County and is estimated at $390,000. Paving will be bid,
921696
1 C' • 4:- G
RE: DECLARE INTENT TO CREATE WCR 8 LOCAL IMPROVEMENT DISTRICT #1992-3
PAGE 2
with 18, 100 tons of asphalt and 6,600 tons aggregate, estimated at
$435,240, with a total being estimated at $825,240. Administrative costs
are estimated to be from $15,000 to $25,000, with the district's
contributions toward the cost estimated to be $114,500. Juliette Kroekel,
Rolland Jones, Jim Crain, Bob Becker, Bill Diekroeger, Mark Brown, Stanley
Ring, Ernest Burrell, Lola McCleskey, Ella Hastman, Lois Burrell, Frank
Bauer (changed to Tape #92-17 during Mr. Bauer's presentation), Pat Crain,
Marianne Bauer, Anita Gentrup, and Linda Becker, all property owners,
spoke in opposition of the proposed district. During Mr. Bauer's
presentation, he submitted petitions against the district, which contain
approximately 100 names. The Board, Mr. Morrison, and Mr. Scheltinga
addressed various issues for the property owners during the property
owners' presentations. Kathi Prough, property owner and petition carrier,
spoke in favor of the proposed district. Leonard Brandt, Joann Pettinger,
Mary Ann and Ben Ells, Robert and Cipriano Griego, Jake Madrigal, Len
Pettinger, Beverly Scoular, Darla Gurule, Jacob Deines, Dale Riddle,
Patricia Charf, Earl Gulliksen, Eugene Windshiemer, Angela DeLap, Homer
Sturgum, Bill Delap, Hector Pesina, and Phil Stransky, all property
owners, agreed with Ms. Prough's statements. Ms. Charf also stated that
Mr. Scheltinga has been very helpful and informative. Mr. Morrison
explained to Mr. Stransky, who would like to add his name to the petition,
that it would need to be in a written form similar to the petition. After
further discussion, Mr. Morrison explained that this is the intent hearing
if the draft resolution is approved. The next hearing would be June 24,
1992, at 10:00 a.m. , which would be the creation hearing. The assessment
hearing would be the final stage, and the Board can make adjustments in
assessments at that time. Commissioner Lacy moved to accept deletions and
additions, in writing, at today's hearing. Mr. Morrison stated that if
the petitions of opposition are treated in that manner, it may drop the
total counts below 50%. Commissioner Kirby seconded the motion, and after
further discussion, Commissioner Lacy withdrew his motion with
Commissioner Kirby agreeing. In response to a question from Commissioner
Webster, Mr. Scheltinga said the final count is 127, or 55%, in favor.
Commissioner Lacy commented on various concerns of the property owners,
and he explained only 4% of Weld County taxes are allotted to Road and
Bridge. Commissioner Lacy moved to approve the draft resolution to form
the local improvement district, with Commissioner Kirby seconding the
motion. The motion carried three to one, with Commissioner Webster voting
nay. Commissioner Webster stated his reasons for voting nay, and said he
would like to see a larger percentage in favor of the improvements.
This Certification was approved on the 18th day of May, 1992.
APPROVED:
ATTEST: id BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to t e Board
ABSTAINED
By: George Kennedy, Chairman
Deputy Clerk to the Board
EXCUSED DATE OF APPROVAL
Constance L. Harbert, Pro-Tem
TAPE #92-16 & #92-17 ✓�- L//�
C. W. Kirb
DOCKET #92-20
Gord ' . acy
SD0040 i
W. H. Webs et
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13th DAY OF May 1992:
DOCKET 0 91-50 - Show Cause Hearing -McDonald, James
DOCKET ft 92-20 - Preliminary Hearing - Weld County Road 8 Local Improvement District
DOCKET 8 -
DOCKET 8
PLEASE write or print your name legibly, your address and the DOCKET ft (as listed
above) or the name of the applicant of the hearing you are attending.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS DAY OF 1992:
DOCKET II
DOCKET ii
DOCKET I!
DOCKET U
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above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS
HEARING ATTENDING
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