HomeMy WebLinkAbout931681.tiff HEARING CERTIFICATION
DOCKET NO. 93-01
RE: HEARING TO CONSIDER CREATING LOCAL IMPROVEMENT DISTRICT - ARROWHEAD
A public hearing was conducted on February 17, 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 - Excused
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Bruce Barker
County Engineer, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated January 6, 1993, and duly
published January 14, 1993, in the Windsor Beacon, 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 notice was sent to all property
owners, and he said the Board should consider accepting the draft
resolution to create a local improvement district. Drew Scheltinga,
County Engineer, said that all unpaved street in Arrowhead will be paved.
These streets include Arrowhead, Cheyenne, Pawnee, Kiowa, and Ute Drives.
There are 163 total parcels, of which 110, or 67%, petitioned for the
district. Mr. Scheltinga explained the lots adjacent to the unpaved roads
will be assessed a full assessment; and lots which front on roads already
paved will be assessed one-half of an assessment. The amount of the full
assessments will be $1,310 and the half assessments will be $655. He
explained that, pursuant to State statute, one-half of the cost must be
petitioned by the district. Mr. Scheltinga said $123, 140, or 69% of the
total cost, which is $179,470, was petitioned. Mr. Scheltinga said the
"X" on Exhibit L illustrates the lots which petitioned for the district.
(Changed to Tape #93-07) Mr. Scheltinga said that the roads will be
shaped and paved as they exist, and there will be no major grading or
draining work. He said the base course will vary from 2" to 4", and 2" of
asphalt, which will create two 12' paved lanes. The shoulders will vary
with the conditions. 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, for a total of
$179, 470. The County will not have any financial contribution except the
administrative costs. Chairman Harbert suggested using the word
"estimated" assessment in case the bid would run over or under. Mr.
Scheltinga said that would be correct and noted the petition indicates
"approximately"; therefore, he does not feel anyone was mislead. Mr.
Scheltinga explained the County's financing is over 10 years, with 8%
simple interest. He said this is the creation hearing, and he reiterated
concerns heard initially. The high pressure gas line has been located,
but it was not exposed due to the weather. According to Public Service's
records, the line is at the proper depth. Said line was lowered by
Western Gas in 1981, and all records indicate no problems. Mr. Scheltinga
read part of the January 25, 1993, letter from Peggy Fitzgerald, Public
Service representative, reiterating that fact. He said the alignment of
existing roads varies within the right-of-way with two exceptions. Two
minor realignments will need to be done, and the surrounding property
owners have been contacted and are agreeable to such. Mr. Scheltinga said
931581
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HEARING CERTIFICATION - ARROWHEAD LOCAL IMPROVEMENT DISTRICT #1993-1
PAGE 2
the City of Evans has been maintaining the water service in the area,
which was originally installed by Lundvall; however, there is no agreement
between the two. The City of Evans has confirmed no relocations or major
work is necessary with the exception of valve boxes, on which they are in
discussion with the City. Arrowhead Water Association has two areas to
improve, which will be done before paving. There are no problems with any
other utilities. Mr. Scheltinga said there are drainage problems
throughout the subdivision; however, the district will not correct any
grading or drainage. There are ditches which need to be cleaned up, but
that is not a major drainage project. After further discussion, Mr.
Scheltinga said all public utilities are exempt. Mr. Barker suggested the
Board discuss Paragraph F of the draft resolution which states a maximum
assessment of $1,310 and/or $655 will be paid by the district, and
anything over that Weld County will assume. He noted that Paragraph D of
said resolution includes the necessary language concerning the
transmission line, which Weld County will not pay for and which the Board
will address if it needs to be relocated. After further discussion with
Mr. Barker, Mr. Scheltinga suggested re-sending the notice with the
language requiring the County to pay any excess costs removed; or the
County will assume the risk for the original estimate for the 2.8 miles,
which ranges from $160,000 to $180, 000. Chairman Harbert suggested
rejecting any bids over that amount. Commissioner Kirkmeyer noted that
the notice did not state that Weld County will not pay for the gas line
either. Lee Morrison, property owner/Assistant Weld County Attorney, said
the description of work does not include the gas line. Chairman Harbert
again suggested any bid be rejected if over $180,000, then the Board could
rehear the matter. Mr. Barker reiterated that the notice implies the
district's cost will not be over $1,310 or $655 per parcel; therefore, he
suggested going back to the previous resolution, which contains the form
of the notice, and re-sending an amended notice. Mr. Morrison said there
is a provision in the statute which allows for correction of previous
errors. Mr. Barker noted that the word "approximately" was included in
the petition concerning the amounts of $1,310 and $655; and Mr. Scheltinga
said the estimate was done on a range, with the high end being $180,000.
Mr. Scheltinga said the fact that Weld County will not absorb any costs
has been stated clearly. In response to a question from Chairman Harbert,
Mr. Morrison suggested amending the first notice and continuing this
hearing to include the provision of the gas line. Mr. Barker suggested
amending Paragraph F.5. of the resolution declaring the intent to create
said district to include the amount is approximated; removing all language
which is capitalized, concerning excess payment; and including language
concerning the transmission line. Commissioner Kirkmeyer moved to amend
Paragraph F.5. of the Intent Resolution, concerning excess payment; remove
the language which is all capitalized; and add language stating Weld
County will assume no costs for the transmission line. Mr. Morrison
clarified that if relocation of the line is required, the work stops and
the Board decides how to proceed. Commissioner Kirkmeyer added such to
her motion, and Commissioner Hall seconded the motion. In response to a
question from Commissioner Webster, Mr. Scheltinga explained if a culvert
needs replaced under a private driveway, the owner pays for the culvert
and the installation. After further discussion, Mr. Scheltinga said this
project will be put up for bid, the contractor would set the price and the
citizen would have to pay that amount. Mr. Barker suggested including a
date for the new hearing, and after further discussion it was decided
publication of the amended notice was not required. Upon a call for the
question, the motion carried unanimously. Mr. Scheltinga requested the
bidding process continue as scheduled to avoid further expense.
Commissioner Kirkmeyer moved to continue said matter to March 31, 1993, at
10:00 a.m. ; approve the request of Mr. Scheltinga to proceed with the
bidding process; and renotify by mail. Commissioner Webster seconded the
motion which carried unanimously.
HEARING CERTIFICATION - ARROWHEAD LOCAL IMPROVEMENT DISTRICT #1993-1
PAGE 3
This Certification was approved on the 22nd day of February, 1993.
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ATTEST} / d/, BOARD OF COUNTY COMMISSIONERS
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Weld C my Clerk to he Board
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By: 6 / ✓/ Constance L. arbert, Chairman
Deputy Clerk to the Board
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, ro-Tem
TAPE #93-06 & #93-07
EXCUSED
George E. Baxter
DOCKET #93-01
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Dal K. Ha
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Barbara J. Kirkme er
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