HomeMy WebLinkAbout980207.tiff HEARING CERTIFICATION
DOCKET NO. 97-54
RE: CREATION OF WELD COUNTY MARTIN BROTHERS PUD LOCAL IMPROVEMENT
DISTRICT #1997-1
A public hearing was conducted on February 4, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall - EXCUSED
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
County Engineer, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated October 15, 1997, and duly published November 12,
1997, in the Platteville Herald, a public hearing was conducted on December 17, 1997, at
10:00 a.m., to consider the creation of the Weld County Martin Brothers PUD Local Improvement
District#1997-1, at which time said hearing was continued to February 4, 1998, at 10:00 a.m. Lee
Morrison, Assistant County Attorney, made this a matter of record. Drew Scheltinga, County
Engineer, briefly reviewed the boundaries of the proposed district and presented an overhead
displaying a corrected version of the District's boundaries including parcel 008, but excluding parcel
002, belonging the Richard Donahue. Mr. Scheltinga explained there are two lots south of Mr.
Donahue's parcels, which access Elizabeth Street outside of the subdivision, and Argie Street is
not proposed to be improved because the owners of Lots 3 and 4 still do not want to be included
in the Improvement District. The proposed improvements include two inches of 20-foot wide
paving, with two-foot wide aggregate shoulders; however, drainage and driveway improvements
are not included. Mr. Scheltinga explained the total cost is estimated at $59,860; however, Martin
Brothers will pay $14,000 making the property owners' expense in the amount of$2,547.78 per lot.
He also reviewed the payment schedule if the owners choose to pay over a ten-year period at
seven and three-quarter percent (7.75%) simple interest. Mr. Scheltinga stated one letter was
submitted to the Clerk to the Board's Office at the last hearing from Jose Luis and Teresa Barrutia,
owners of Lot 22, stating their opposition since their access is so close to Weld County Road 37.
In response to Chair Harbert, Mr. Scheltinga clarified parcel 008 is proposed to be included in the
District; however Lots 3 and 4 are not. Mr. Scheltinga stated the owners of Lots 3 and 4 proposed
the County vacate Argie Street, which would then be considered a private driveway; however, he
explained this would landlock those two lots, since the right-of-way would revert to owners of Lots
2 and 5.
Richard Donahue, owner of parcels 008 and 002, stated his objection to being included in the
District since he accesses his property from Martin Street and will have no benefit; contrary to the
owners of Lots 3 and 4 who will benefit from the improvements since they have to use the improved
streets to reach Argie Street. Responding to Chair Harbert and Commissioner Kirkmeyer, Mr.
Donahue stated he does not have an access on Elizabeth Street and does not plan to request one.
980207
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CREATION HEARING - MARTIN BROTHERS PUD LOCAL IMPROVEMENT DISTRICT#1997-1
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In response to Chair Harbert and Commissioner Baxter, Mr. Morrison explained future benefits to
Mr. Donahue's property can be discussed further at the Assessment Hearing after the work is done
and deleting his lot will not change the expense paid by the individual owners; however, the County
will have to carry the extra expense. Mr. Morrison also explained there is a process for accessing
a road once the improvements are completed; and explained the lot boundary lines could be
readjusted through a subdivision exemption to be owned as two separate lots. In response to
Commissioner Kirkmeyer, Mr. Donahue stated he has lived at this location since 1972 before the
subdivision was built.
John Dent, Martin Brothers representative, stated they are still in support of the Local Improvement
District. Mr. Dent stated he contacted the owners of Lots 3 and 4 and offered an additional $1,000
each as incentive to participate in the district; however they are still not interested. He also stated
he feels it is hard to prove the property owned by Mr. Donahue would not benefit from the District
at some time in the future.
David Ellis, representative for petitioners in favor of the District, stated recently they have noticed
an increase in traffic, as well as heavy farm equipment using Clara Lee Street and Elizabeth Street.
Mr. Ellis stated residents in the subdivision will benefit by being able to post weight and speed limit
signs on the streets, as well as improving services from school buses and mail carriers.
Commissioner Kirkmeyer moved to approve the draft resolution for the creation of the Weld County
Martin Brothers PUD Local Improvement District#1997-1, deleting Parcel Number 147112400008,
owned by Mr. Donahue, from the paragraph 3 and paragraph C. Commissioner Kirkmeyer stated
she does not see major cause for this property to be included in the District as it was present
before the subdivision and will not benefit from an access to these streets or dust reduction. The
motion was seconded by Commissioner Baxter, and it carried with Commissioner Webster being
in opposition.
This Certification was approved on the 9th day of February, 1998.
APPROVED:
ATTEST: „�� J? f1,n��♦i� BOARD OF COUNTY COMMISSIONERS
WEJ,D COUNTY, COLORAD
Weld Co ty I
. 'a Constance L)-lar ert, Chair
BY: •
Deputy °NeS' A/ it
W. H. Webster, Pro-Tem
TAPE #98-04
AR�_
eorge . Baxter
DOCKET#97-54
EXCUSED
Dal K. Hall y,,c,1 A —
arbara J. Kirkmeyer c
980207
SD0052
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF FEBRUARY, 1998:
DOCKET #97-54 - FOR INTENT TO CREATE WELD COUNTY MARTIN BROTHERS PUD
LOCAL IMPROVEMENT DISTRICT - 1997-1
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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