HomeMy WebLinkAbout931685.tiff HEARING CERTIFICATION
DOCKET NO. 92-20
RE: ASSESSMENT OF COST OF IMPROVEMENTS FOR WELD COUNTY ROAD 8 LOCAL
IMPROVEMENT DISTRICT NO. 1992-3
A public hearing was conducted on February 17, 1993 at 9:00 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, Carol Harding
Assistant County Attorney, Lee Morrison
County Engineer, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated January 11, 1993, and
duly published January 14, 1993, in the Windsor Beacon, a public hearing
was conducted to consider the assessment of costs for the Weld County Road
8 Local Improvement District No. 1992-3. Lee Morrison, Assistant Cdunty
Attorney, made this a matter of record. He also noted that the Board has
before them a draft resolution by which they may ratify the cost as a
whole for the district and for each individual, as well as consider each
petition for adjustment based on equity and justice. Drew Scheltinga,
County Engineer, said the project was completed by Western Mobile at a
total cost of $454,508.75, plus preparation and base course work done by
Weld County. 7.8 miles were paved. There are 228 parcels within the
district, with a maximum assessment of $500 per parcel, which would bring
in a total of $114,000. Mr. Scheltinga explained the option of paying
over a ten-year period, at a rate of 8% interest, compounded annually.
(Let the record reflect that Commissioner Webster is now excused. ) Mr.
Scheltinga reviewed the protests received on an individual basis, as
follows. The first was a letter received from Larry W. Ramsey concerning
Lots 17 and 18 of Vantage Acres Subdivision, Parcel Nos. 147317305002 and
147317305003. There were two lots owned by Mr. Ramsey and Mr. Edward
Avila, which were side by side. An illegal split was done to create
desired access to roads, resulting in four parcels. The request is to
incorporate back to one parcel each, assessing only the two lots which
have the residences located on them. Commissioner Baxter moved to approve
the request of Mr. Ramsey to assess Parcel No. 147317305002 which belongs
to Mr. Ramsey, as one parcel, and to assess Parcel No. 147317305003, which
belongs to Mr. Avila, as one parcel. Commissioner Hall seconded the
motion which carried unanimously. The second request was from Robert
Green for Parcel No. 147319101002. Mr. Green stated in his letter that
the $500 assessment is unfair, unless it is charged to all citizens of
Weld County. He is on a fixed income and feels the large trucks traveling
the road should have to pay. Mr. Morrison reminded the Board that they
should look at whether or not it is unfair to include a parcel due to the
use of the land or the benefit gained by the property. Commissioner
Baxter moved to deny the request of Mr. Green. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously. Mr. Morrison answered a
procedural question from Randy Perkinson before Mr. Scheltinga proceeded
to the letter received from Stanley and Dorothy Ring. Mr. Ring stated
their concerns about the increase in the number of trucks traveling the
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HEARING CERTIFICATION - ASSESSMENT OF COSTS
WELD COUNTY ROAD 8 LOCAL IMPROVEMENT DISTRICT //1992-3
PAGE 2
road, vibrations from the increased traffic, and the fact that the parcel
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across the road is a much larger parcel which is assessed the same as Mr.
Ring's parcel. Mr. Morrison asked if there is anything unique about Mr.
Ring's circumstances or anything unique to his property. In response to
Commissioner Hall, Mr. Morrison clarified that the Board can only make
adjustments to individual assessments, which then come out of the County's
share of the overall project. Mr. Ring raised the question of how a tax
can be assessed after the passage of Amendment One last fall. Mr.
Morrison responded that it is an assessment, not a tax, and also that the
petition signed by a majority of property owners stands instead of an
election. Mr. Morrison explained the payment process wherein property
owners will have the month of March to pay the assessment in full;
however, if they so wish, they can spread their payments out over a ten-
year period with 8% interest. In response to Commissioner Kirkmeyer, Mr.
Scheltinga explained this improvement district began with people who met
with him and reviewed the various ways and means of getting Road 8 paved.
Those individuals came up with the amount of $500, and that was the amount
set in an earlier hearing by the previous Board. Mr. Ring also questioned
whether or not a lower speed limit might be in order. Commissioner
Kirkmeyer asked Mr. Scheltinga to look into the speed limit. Mr.
Perkinson stated the problem is not one of speed, so much as increased
traffic. He said it seems to be more of an enforcement problem than
speed. Mr. Perkinson questioned the use of the Windsor Beacon for legal
publications and the date the notices were mailed. Barbara Perkinson,
property owner, commented on the 20-day time limit and the date the
notices were mailed, and she explained why she was unable to send in a
letter. Mr. Morrison said the Board is not precluded from hearing
protests presented today; however, neither are they obligated to do so.
Commissioner Baxter moved to deny the request of Mr. and Mrs. Ring. The
motion was seconded by Commissioner Hall. Commissioner Baxter explained
that since the amount was decided by a previous Board, and there seem to
be no extenuating circumstances, he will vote against this request. The
motion carried unanimously. Mr. Morrison questioned whether or not the
Commissioners wish to consider requests from individuals which are
presented today. Chairman Harbert said they will continue with the
written requests first. The next written request received was from Jerome
Farnholtz, Parcel No. 147317302005. Mr. Farnholtz stated it is unfair to
divide the cost equally among property owners, regardless of whether they
have half an acre of undeveloped land or a whole section. He also raised
the issue of timely mailing of the notices. Chairman Harbert asked Mr.
Scheltinga to respond to Mr. Farnholtz by letter, since he has an out-of-
state address. Commissioner Hall moved to deny Mr. Farnholtz's protest.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously. The
next protest received was from Thomas Mitchell, Parcel Nos. 147123301002
and 147123402002. Mr. Mitchell did not have a specific request, he simply
felt he should not have to pay. Mr. Morrison advised the Board they
should consider his request to be the full amount of both parcels. After
discussion, Commissioner Baxter moved to deny said request. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. The sixth request
discussed was received from Lorene Hill, in which she stated she did not
receive timely notice. Her Parcel Nos. are 147124101007 and 147124101008.
Ms. Hill feels that since her taxes are on one notice, she should not have
two parcels billed. She stated the property has not been divided since
she purchased it. Ms. Hill also had a drainage compliant which Mr.
Scheltinga said he will look into. Mr. Scheltinga pointed out this is two
legal parcels, and they can be sold that way. After discussion,
Commissioner Baxter moved to deny the request from Ms. Hill. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. The last written
request discussed was received from Michael and Mary Ochs, Parcel Nos.
147124101009 and 147124101001. Mr. Scheltinga explained this property was
originally purchased as two lots; however, the house was built right on
the lot line. Therefore, Mr. Ochs feels he could not sell the second lot.
HEARING CERTIFICATION - ASSESSMENT OF COSTS
WELD COUNTY ROAD 8 LOCAL IMPROVEMENT DISTRICT #1992-3
PAGE 3
Mr. Scheltinga pointed out that, while it might not be easy to do, the
second parcel is a legal lot and could be sold that way. Mr. Morrison
explained that they would have to do a subdivision replat to combine the
two lots into one. He also explained the parcels were counted by the
criteria of either having a residence or having the potential for a
residence. Mr. Scheltinga pointed out the cost of the replat exceeds the
cost of the assessment. Commissioner Hall moved to deny the request of
Mr. and Mrs. Ochs. Seconded by Commissioner Baxter, the motion carried
unanimously. Chairman Harbert then opened the floor for any further
requests from property owners. William Diekroeger, Parcel Nos.
147317401001 and 147317301005, stated he was not notified in a timely
manner, and he questioned the original petition which was passed around.
He stated he does not live on the road, and it is inequitable for all
property owners to have to pay the same. He does not feel he obtains the
same benefit as one who is living on the road. Commissioner Kirkmeyer
moved to consider Mr. Diekroeger's request. Seconded by Commissioner
Baxter, the motion carried unanimously. Commissioner Baxter stated that
others do not live on the road, and he sees nothing that makes this
unique. Mr. Morrison stated the key is whether or not a property gets
$500 per lot benefit because of the paving. Commissioner Baxter moved to
deny the request of Mr. Diekroeger. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously. In response to a request from
Commissioner Kirkmeyer, Ms. Harding, Acting Clerk to the Board, explained
that procedure has always been to mail three weeks prior to the hearing.
She noted this procedure can easily be changed for the future and was
directed to followup on this problem. Mr. Perkinson requested the Board
hear a protest from his mother, Barbara Perkinson, Parcel Nos.
147317403001 and 147317403010. Commissioner Kirkmeyer moved to hear the
protest. Seconded by Commissioner Hall, the motion carried unanimously.
Ms. Perkinson asked what happens if the assessment is not paid. Mr.
Morrison explained that it is billed at the same time as general property
taxes. If not paid, it can end up being sold at tax sale, since it
follows the same procedures and rules as collection of general property
taxes. Chairman Harbert asked Mr. Scheltinga to explain where the money
comes from for Road and Bridge funding. Mr. Scheltinga stated that
although it varies from district to district, in general 3% to 4% of
property taxes paid goes into Road and Bridge funding. Donald Warden,
Director of Finance and Administration, stated that from taxes on a
$100,000 home, approximately $42 goes into the Road and Bridge fund. Upon
a request from Commissioner Kirkmeyer to reiterate her request, Ms.
Perkinson stated she does not think it is fair to pay for two parcels
since one is vacant. To put the two into one requires replatting, the
cost of which exceeds the assessment for the two parcels. After
discussion, Commissioner Baxter moved to deny the request from Ms.
Perkinson. Seconded by Commissioner Hall, the motion carried unanimously.
Chairman Harbert asked if anyone else had comments. Ed Avila, property
owner, stated he is delighted with the paving job and is glad to have Road
8 finally paved. He asked what the procedure is for paying his bill. Mr.
Morrison stated he will receive notification. Commissioner Kirkmeyer
moved to approve the draft Resolution presented today, with the amendment
on the second page to reflect the names of the property owners heard
today. Seconded by Commissioner Baxter, the motion carried unanimously.
v0,,4
HEARING CERTIFICATION - ASSESSMENT OF COSTS
WELD COUNTY ROAD 8 LOCAL IMPROVEMENT DISTRICT #1992-3
PAGE 4
This Certification was approved on the 22nd day of February, 1993.
APPROVED:
ATTEST: �� " �� BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Weld County Clerk to the Board
By: onstance L. Harbert, Chairman
Deputy Cler to the
EXCUSED
W. H Webiter, o Tem
TAPE #93-06
George . Baxter
DOCKET #92-20
TP�1 �
Daly K. Ha 1
SD0040
/Barbara J. Kirkmeye
ATTENDANCE RECORD/
HEARINGS ARE AS FOLLOWS ON THIS L 7 r DAY OF � 993:
DOCKET # 1�' 7p — 7A g a °c s-r- t-•^�� . de(--"i"*,
DOCKET A
DOCKET #
DOCKET I!
PLEASE wr e or print your name bly, ur addr ss and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
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