HomeMy WebLinkAbout921694.tiff HEARING CERTIFICATION
DOCKET NO. 92-66
RE: PRELIMINARY HEARING TO CONSIDER CREATING LOCAL IMPROVEMENT DISTRICT -
WELD COUNTY ROAD 38
A public hearing was conducted on November 18, 1992, at 10:00 A.M. , with
the following present:
Commissioner George Kennedy, Chairman
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 the
creation of a local improvement district along Weld County Road 38. 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. Drew Scheltinga,
Director of Engineering Department, said he has two more signatures, Crumb
and Birmingham, to add to the petition. With that addition; there is a
total of 19 of the 28 parcels, or two-thirds percent, in favor of the
improvement district. Mr. Scheltinga said the lanes will consist of 3" of
asphalt to be 24' wide, with 4' shoulders to consist of 2" of aggregate.
The aggregate base course is estimated to be 6" thick and 32' wide. The
cost estimate of the paving, to be paid by the district, is $55, 000.00.
Preparation cost is $56,000.00, which consists of the 6" base course and
2 drainage areas. Administration costs are approximately $10,000.00, with
the total cost being estimated at $121,000.00. Mr. Scheltinga explained
the district's contribution for paving includes 26 parcels in Highland
Estates and 2 adjacent parcels, which will be $1,964.29 per parcel. In
response to a question from Commissioner Harbert, Mr. Scheltinga the two
adjacent lots will be assessed the same as each lot in the subdivision.
He said the financing will be at 8% simple interest for 10 years, with a
total being $2,828.58 over 10 years. He noted the balance may be prepaid
at any time. Mr. Morrison noted that the interest accumulates at the
first of each year; therefore, one should prepay before the first of the
year. Mr. Scheltinga said there are approximately 30 days allowed to pay
in full to avoid any interest. He read a letter, from William and Bonnie
Lowe, opposing said district into the record. Gilman Olson, representing
Margil Loving Trust, gave a brief background of his property, and he
expressed his financial concerns because he will be assessed for two
parcels. Chairman Kennedy and Mr. Olson discussed various alternatives.
Donna Koehler, property owner, questioned the district since Amendment One
passed. Mr. Morrison explained since there was a majority on the
petition, there is no need for a vote. He answered questions for Ms.
Koehler, and Commissioner Kirby explained the difference between this
district and the districts on Weld County Roads 32 and 34. Ms. Koehler
asked if the amount contributed by the County could be reconsidered by
adjusting preparation costs. Mr. Scheltinga clarified that only paving
costs are paid by the district. Commissioner Lacy explained that roads
are designed differently today, and he noted that it was not Weld County's
idea to pave Road 38. He also stated that if the roads within the
subdivision were to be paved, the district would pay all of that cost; and
the County could not lessen the cost. Al Roberts, property owner, thanked
Mr. Scheltinga for his assistance thus far, and said their postman had
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HEARING CERTIFICATION - WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT
PAGE 2
requested the area near the two mailboxes also be paved. Mr. Scheltinga
said that has not been done before, but it would not be impossible.
Commissioner Lacy noted the residents would have to pay for that. Mr.
Roberts also requested the speed limit be reduced and a four-way stop be
installed at Weld County Roads 7 and 38. Mr. Scheltinga explained those
items would need to be considered separately; however, he doubts a four-
way stop would be warranted at that intersection. Mr. Roberts said he
would be agreeable to Mr. Olson being assessed for only one parcel. On
behalf of Commissioner Lacy, Mr. Scheltinga outlined Mr. Olson's property,
which is separated by Road 38. Mr. Olson said he owns approximately one
section, and there are no other residents on that stretch of road.
Commissioner Lacy noted that if Mr. Olson was assessed for only one
parcel, the assessment for the other parcel would be applied to the
remaining parcels. Mr. Morrison clarified that the Board is to act on the
28 parcels included in the petition today, and any adjustments will be
acted on at the assessment hearing, with Weld County to pick up excess
costs. He noted the Board's flexibility is limited once the petition has
been accepted. Commissioner Harbert noted the improvement district would
be a benefit to both of Mr. Olson's parcels in the future. After further
discussion, Mr. Morrison said the Board is supposed to proceed with the
district if the petition is valid. Commissioner Lacy moved to accept the
draft resolution, with the creation hearing to be set for January 6, 1993,
at 10:00 a.m. The motion was seconded by Commissioner Kirby, and it
carried unanimously.
This Certification was approved on the 23rd day of November, 1992.
APPROVED:
ATTEST: /40�� � BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
Weld Comy Clerk r to the Board
By: /J� 4 /' r7 / - i gfie"airman
' � or e Ke edy, Chairman
Deputy Clerk to the Boa
EXCUSED DATE OF APPROVAL
Constance L. Harbert, Pro-Tem
TAPE #92-38
C. W. Kirby
DOCKET #92-66
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SD0042 /1114
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W. H. Webster v
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18th DAY OF November 1992:
DOCKET II 92-66 - Preliminary Hearing, Weld County Road 38 Local Improvement District
DOCKET # 92-64 - Final PUD Plan, Lind Land Company
DOCKET II 92-69 - Amendments to Weld County Zoning Ordinance, Ordinance No. 89-X
DOCKET II 92-71 - USR, Joseph A. and Allan M. Reider
PLEASE write or print your name legibly, your address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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