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Home My WebLink About972267.tiffHEARING CERTIFICATION RE: INTENT HEARING TO CONSIDER CREATING LOCAL IMPROVEMENT DISTRICT #1997-1 - MARTIN BROTHERS PUD A public hearing was conducted on October 15, 1997, at 9:00 a.m., with the following present: Commissioner George E. Baxter, Chair Commissioner Constance L. Harbert, Pro-Tem Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - EXCUSED Commissioner W. H. Webster - EXCUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that a public hearing was conducted to consider the intended to create a local improvement district within Martin Brothers Subdivision. Lee Morrison, Assistant County Attorney, made this a matter of record and noted the State does not require a formal notice for preliminary hearings, however, there was informal notice given. Drew Scheltinga, County Engineer, gave a summary of the project stating improvements will be made on Clara Lee Street and Elizabeth Street, however, no work will be done on Argie Street. The lot owned by Donahue is not within the subdivision boundaries; however, it is included in the improvements district because the lot is adjacent to Elizabeth Street. Of the 18 proposed lots, 11 signed the petition in favor of the improvements. Currently, road beds are 24 feet wide; however, they will be improved with 2 inches of asphalt pavement, 20 -feet in width with 4 inches of aggregate base and 2 -foot aggregate shoulders. Mr. Scheltinga stated this is an adequate structure because Clara Lee and Elizabeth are not through streets. He also added there will be no drainage improvements, such as borrow ditches or culverts, nor will there be any adjustments to the private driveways. Mr. Scheltinga also reviewed the table of estimated payments for ten years at 7.75 -percent simple interest, which will cost$2,547.78 for each lot. After completion of the project, the County will be responsible for maintenance. In response to Commissioner Harbert, Mr. Scheltinga stated Argie Street is not in the plans to be improved because the owners of Lots 3 and 4 did not sign the petition and did not want to pay for the improvements. He added that there was consideration given to paving Elizabeth Street to Weld County Road 10; however, Road 10 will be completed as stated in the Buffalo Ridge Subdivision Improvements Agreement. Mr. Scheltinga state the land south of the PUD and adjacent to Elizabeth Street is unplatted and there is no public right-of-way; however, it has been in public use for nearly 21 years. If the district is created, paving Elizabeth all the way to Weld County Road 10, will be included in the 1998 work plan for the Board's consideration. Mr. Scheltinga clarified that three letters were submitted in opposition, therefore, 61 percent are in favor of the improvement district. 972267 SD0052 HEARING CERTIFICATION - LOCAL IMPROVEMENT DISTRICT #1997-1 - MARTIN BROTHERS PUD PAGE 2 Mr. Morrison gave a brief summary of the approval process for a local improvement district. He stated a district can be initiated either by the County or as in this case, action by the surrounding property owners. The Martin Brothers PUD Local Improvement District has been placed on this year's ballot for November 4, 1997. If the issue passes on the ballot and approval to continue is given today, another hearing will be held to create the district. After completion of the project, an assessment hearing is held. Mr. Morrison pointed out that due to voting eligibility there can be more than one vote per lot. All resident and non-resident owners who are registered Colorado voters may vote. John Dent, Martin Brothers, stated the $14,000 contribution by the Martin Brothers relieves the developer of future maintenance responsibilities. Diana Gochanour, Lot 15 owner, questioned the inclusion of Lot 2, exclusion of Lots 3 and 4, and future maintenance concerns for Argie Street. In response, Mr. Scheltinga explained past policy of the Board of County Commissioners has been to include only adjacent property owners and Chair Baxter mentioned the benefit derived with less dust being created on a paved road. Mr. Dent discussed the maintenance issue, which is confused by two separate covenants done for this subdivision, and stated Martin Brothers, LLC have always provided unscheduled maintenance in the past. Ruby Morton, owner of Lot 18, stated she lives in Lakewood and bought her property in the Martin Brothers Subdivision as an investment. Ms. Morton added she is opposed to the improvements because the subdivision is in the country and she feels people who want a city atmosphere, such as paved roads, should stay in the city. Commissioner Harbert stated she agrees; however, if the majority of property owners are willing to pay for the improvements, they have every right to have the streets paved. Commissioner Harbert reiterated that the improvement district will be based on the results of the ballot issue and encouraged Ms. Morton that her vote does count. Commissioner Hall moved to approve the draft resolution for the intent to create a local improvement district within Martin Brothers Subdivision, based on the recommendations of the Public Works Department. The motion was seconded by Commissioner Harbert, and it carried unanimously. Mr. Morrison stated the next hearing will be December 17, 1997 at 10:00 if the improvement district passes on the November 4, 1997, ballot. 972267 SD0052 HEARING CERTIFICATION - LOCAL IMPROVEMENT DISTRICT #1997-1 - MARTIN BROTHERS PUD PAGE 3 This Certification was approved on the 20th day of October, 1997. Deputy Clerk to the Board TAPE #97-26 Dale K. Hall APPROVED: BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLO DO George L. Baxter, Chair nstance L. Harbert, Pro -Tern EXCUSED Barbara J. Kirkmeyer EXCUSED W. H. Webster 972267 SD0052 Hello