The URL can be used to link to this page

Browse Search

Home My WebLink About931680.tiff HEARING CERTIFICATION DOCKET NO. 93-01 RE: PRELIMINARY HEARING TO CONSIDER CREATING LOCAL IMPROVEMENT DISTRICT - ARROWHEAD A public hearing was conducted on January 6, 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, Bruce Barker 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 in Arrowhead Subdivision. Bruce Barker, Assistant County Attorney, made this a matter of record. Mr. Barker 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. Barker further explained the procedure to be taken by the Board. Drew Scheltinga, Director of Engineering Department, reiterated and clarified the hearing process and noted this is the intent hearing, and not the creation hearing. He said Arrowhead, Cheyenne, Pawnee, Kiowa, and Ute Drives will be paved, and all other roads in the subdivision are already paved. There are 163 total parcels, with lots adjacent to the unpaved roads to be assessed a full assessment; and lots which front on roads already paved to be assessed one-half of an assessment. Mr. Scheltinga said that 110, or 67%, petitioned for the district. Of the persons receiving a full assessment, 70% petitioned, 62% of the persons receiving one-half of an assessment petitioned. He explained that $123, 140, or 69% of the total cost, which is $179, 470, was petitioned. Mr. Scheltinga said he had a meeting with owners of the properties wherein it was agreed to exclude drainage and grade changes to keep disturbance to the existing houses and driveways at a minimum. There will be 2" of asphalt placed over the existing base course, which varies from 2" to 4", with varying shoulders. There will be no major drainage or grade alterations or installation of culverts or ditches, since there is only the internal traffic of the subdivision. The shaping, paving, and shouldering for 2.8 miles will be approximately $160,000 to $180,000, based on bids from 1992 with no built- in costs. There will be 111 lots with full assessments of $1,310, which will generate $145,410; and 52 lots with one-half assessments of $655, which will amount to $34,060, with a total being $179,470. Mr. Scheltinga explained the County's financing is over 10 years, with 8% simple interest. He said the County will bid the work and pay the bills, then set the assessment hearing. He explained that by statute the County can include administrative fees, which are usually 10-15% of the total cost; however, the Board has decided not to recover those costs in this district. Mr. Scheltinga noted for the record that two letters of opposition were received this morning from Wanda and Gregory Schneider. Mr. Barker said two letters of support were presented from Larry and Shirley Batman and Kenneth D. Blehm, Exhibits G and H respectively, for the record. In response to a question from Commissioner Webster, Mr. Scheltinga said 2" of asphalt is adequate over 4" of gravel base in a subdivision with no truck traffic, and with some maintenance will last over 20 years. He noted the Board has previously accepted the roads in Arrowhead for maintenance, and the County cannot charge for maintenance to 931680 5Dcz 41 CC- : cc HEARING CERTIFICATION - ARROWHEAD LOCAL IMPROVEMENT DISTRICT PAGE 2 a district. In response to a question from Commissioner Harbert, Mr. Scheltinga said the County has not charged a subdivision for maintenance in the past. He also explained, in regard to drainage, that approximately 95% of the residents who attended the meeting were in favor of the least disturbances, and if a culvert needs replaced under a private driveway, the owner pays for the culvert and the County will install. Also in response to Commissioner Harbert, Mr. Scheltinga said the majority of the people at the residential meeting agreed to the one-half and full assessment method. He said the original developer of the subdivision paved the streets which are currently paved. In response to a question from Commissioner Hall, Mr. Scheltinga explained that property owners have 30 days in which to pay the full assessment and avoid all interest, or they may pay off the remainder anytime during the 10 years. Don Warden, Finance and Administration Director, explained the interest is assessed January 1 of each year. Jane Hopper, property owner, stated concerns about the financial burden on the residents if the gas line needs to be lowered on Cheyenne Drive. Peggy Fitzgerald, right-of-way agent for Public Service/Western Gas, said a high-pressure natural gas line was installed in 1948, and the company does not know if it needs to be lowered. She said, in the event the line needs moved, the cost would be the responsibility of the County or the district. Ms. Fitzgerald noted that Public Service also owns Outlot A; however, she said their understanding is that they are exempt from the district. She also noted that they have not received any notifications. Ms. Fitzgerald requested that Mr. Scheltinga obtain the depth of said pipeline, and she said they would like a representative on site while the work is being done. Mr. Scheltinga confirmed that all public utilities are exempt, and that he is aware of the pipeline. He said a survey was done some years ago when grade work took place, and there should not be any problems because there will be no changes in grades. Ms. Fitzgerald noted that the cost would be substantial if the line needed to be moved. Mr. Scheltinga said that cost would probably be more than the paving. Pat Sheely, property owner, questioned the legality of the depth of the pipeline currently and in 1948. Jim Duckworth, Public Service representative, explained in 1948 there were no DOT regulations. DOT regulations became effective in 1971, and all lines existing at that time were grandfathered as they were. Mr. Sheely noted that there are other alternatives than moving the line. In response to a question from Commissioner Harbert, Mr. Duckworth explained that the existing license agreement states that if the paving is done and the line requires maintenance, the district pays for the cost of repaving. He said he believes the line runs from the middle of the road to the west side. Mr. Scheltinga said the line is a potential problem; however, the County is used to dealing with such lines. John Haley, property owner, said he is the engineer that originally subdivided Arrowhead, and stated his version of the pipeline's course. Mr. Haley said his lot is already on paved roads and feels the assessments should be made on basis of benefit, with lots not benefiting to be excluded. In response to a question from Commissioner Harbert, Mr. Haley said he does use the unpaved roads now and would continue to use them if they were paved. He noted that Cheyenne was not paved by the developer because of the pipeline and discussed drainage and flooding problems. Mr. Scheltinga clarified that the paving project will not correct the drainage problems on private property or roadways. Clarence Krieger, property owner, said the drainage runs into the yards and leaves dirt. Don Moss, property owner, said he feels the pipeline needs to be located and noted that drainage was not included in the petition. He voiced his opinion on drainage in the area and said the paving will disburse the traffic immensely. In response to a question from Commissioner Baxter, Mr. Scheltinga said major drainage work would cost as much or more than the paving. The paving will not preclude later drainage work because they are laying the asphalt right where the road is now, which will not change any drainage patterns. Mr. Scheltinga explained that they could ditch and culvert every road and driveway in the subdivision, and there would still be problems. Bill HEARING CERTIFICATION - ARROWHEAD LOCAL IMPROVEMENT DISTRICT PAGE 3 Kobobel, property owner, said he has lived there for 22 years and explained his version of the pipeline's course and flooding problems. In response to a question from Commissioner Kirkmeyer, Mr. Scheltinga reiterated that it is common practice for the County to work with pipelines, and he said the pipeline will not be located until the district is created. Ms. Hopper asked if the pipeline did need to be moved, would the County or the residents be responsible for payment. Mr. Scheltinga explained that, without seeing the documents, if there is major pipeline work to be done the district would not proceed; however, he does not anticipate problems. Mr. Barker reiterated that review and study of the agreement and documentation for other issues would need to be done before a legal answer concerning payment could be given. Ms. Hopper noted that the pipeline does run under the road near her property. Randee Cook, property owner, said she would like to see the district proceed to alleviate dust and washboard problems. She said it would be a benefit to all the residents as well as the County. On behalf of Commissioner Baxter, Mr. Scheltinga reiterated that this is the intent hearing to allow for public input, and the next hearing will allow the creation of the district. He also explained the Engineering Department's procedure after the creation hearing. Commissioner Webster moved to accept the draft resolution, and Commissioner Hall seconded the motion which carried unanimously. Mr. Barker noted that the creation hearing will be held on February 17, 1993, at 10:00 a.m. This Certification was approved on the 11th day of January, 1993. APPROVED: ATTEST: A / A/�` j� BOARD OF COUNTY COMMISSIONERS 2tL/i /✓ 11 i,w- WEL COUNTY, COLORADO Weld County Clerk t the Board .47 t7/ 7iLl; / By: i17 of Jl/I n 'Constance L. Harber , Chair man Deputy Clerk to the Bird\ 11O,(17 W. H. ebster, Pro/-Tem TAPE 1193 01CI 42 orge E is er DOCKET #93-01 Dal K. Hal SD0041 L %Barbara J. Kirkmeyer` ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 6th DAY OF January 1993: DOCKET # 92-66 - Creation of Weld County Road 38 Local Improvement District No. 1992-4 DOCKET II 93-04 - Show Cause Hearing, Franklin DOCKET II 92-85 - Amended Special Review Permit, Snyder Oil Corporation DOCKET II 93-02 - Amended Special Review Permit, Consolidated Freightways, Inc. DOCKET II 93-01 - Preliminary Hearing, Arrowhead Local Improvement District No. 1993-1 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. NAME ADDRESS HEARING ATTENDING fr,-;,1 ( Jj //9c, 1-a..i/ c7ffe (4P- Pe& al + ;r „t,_E- .,, 3 L+yy- r4/0.)41 P 4;7rU/u_r: 3 i'n c j. Ducieic. s.Et4' a ,yz" 'r. t, 1.0,v4 42 % . 1993 -/ P-(7 / O n,-CS X 6 2 I !`'7 .c;c1.;54 Stir, iOP.4.� (-),9-6-, v /993— / >14214A-\I1� lce. k l/S C�� / ro . Sod f. OA.1or“.. frk 11 le t:.,,:�,/. .t -1.J ':LET" r:53 P4 u'v x i (r-eE-/ kJL`std 7 'V) (-3-0 fds5 di-44-re fie- -BOG�y q3ud �6 5 A/o7 OfoL�ulliia& cbr: &uJ, 7043)_ l r a(J,�r rm\e w0f 2 I �� LI 'Y yes ,��".� ^I `�f� J le,,,,, ,1.�, b��I../��G�y � ��r:,' �5�� 26'1/ Gxcy 3F ti Ititer „ L - 0 A.d.-C 4 er tterpfLr-,i__IfL j'�.a7 /13"0 C,?:�, _ / �tc � C:,L Z,, cr.' 5 .cil` .i,<GCme -- Ci,ir i1 / 922-/ LaLC'tn.i,._l Si6D1a ?6C ! %Wj ni :I,t?-' (c. ≥ f X, y� F1 2 ) jy ?- Ali at IC-il%/1-(1%',((1<i j'cit2' 7 CHIN(."iu c- 01/Z (ptc(-2-t it _ ti6% y ji ni y),,-,6 ac 7/ 530 y 72 C vee /c ( ? 4 c.ey &'O& 3 V / (-z - Sor>, r`<-, ‘, -,2-\:1-v - G-e u b -5-i 'a, >a ' . !,, ,/,74e-7/ te,, e,e ,tco iinciii--if ,, 7. --,07.2. —* 7;— /7 / I 1 1,Zsre 4/P X11 erepz f22—cr 667 r'--(' �'.Y4. ,:s;7 a'J r�^�—'-w'�c-/a 4' .. ll,.�, /)u,tie/.y 4:',04- �i}( ) /fIP Al ,za,d(D l C� Ae2,6 (.1,c;h��/)x ti: i'/rt2c> (L?c<J(tcbi€ /L,7. 6 -/1.107: ((Th [7C%/r.3y ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS DAY OF 1993: DOCKET it DOCKET II DOCKET Il DOCKET II 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. NAME ADDRESS HEARING ATTENDING p. MA. ;. / v,.J(-yr.'s , . L)7 7 ,k/Iarzwa B.1._ 4l'I"sL /7 c t idi t 7 ) A Acvndee� A .39151 °te le n vAe -OA- Prri`o t-5 )-4A 4 U.L. t-�c,rnveyr,6_ 5 `l CT `PG- t-v CLA_ rrb��_�� it(C/..")..t L51/" 1,„),) )() ate/r))4.2 Cox HARDT" H PMiirz 67:37 / rt)tdieaipti✓& DockJ4Q-Oi ,rtw ' ,D1A.Qne Gam, Tranaeri 55I q Pawnee Lane A rrawheqd Hello