HomeMy WebLinkAbout972641.tiffHEARING CERTIFICATION
DOCKET NO. 97- 54
RE: CREATION OF WELD COUNTY MARTIN BROTHERS PUD LOCAL IMPROVEMENT
DISTRICT #1997-1
A public hearing was conducted on December 17, 1997, at 10:00 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
Commissioner W. H. Webster
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 October 15, 1997, and duly published November
12, 1997, in the Platteville Herald, a public hearing was conducted to consider creation of the Weld
County Martin Brothers PUD Local Improvement District #1997-1. Lee Morrison, Assistant County
Attorney, made this a matter of record and stated notice of this hearing was mailed to members
of the proposed district. Drew Scheltinga, County Engineer, briefly reviewed the boundaries of the
proposed district and stated one lot, owned by Richard Donahue, lies outside the Martin Brothers
PUD; however, since it is adjacent to Elizabeth Street, which is being paved, it will benefit from the
project and is, therefore, being included in the district. Mr. Scheltinga said the proposed petition
included 18 lots and owners signatures for 12 lots were obtained, making 61 percent in favor of the
project. He then showed a typical cross section of the proposed project, and stated major grading
will not be completed and no drainage or driveway adjustments will be done. He said the project
simply consists of two inches of 20 -foot wide paving, and two -foot wide aggregate shoulders and
the total project is estimated at $59,860, however, $14,000 is pledged to the project by Martin
Brothers, LLC, leaving a total of $45,860 to be divided among property owners. With 18 lots
included, Mr. Scheltinga stated, the cost will be $2,547.78 per lot. He also reviewed the payment
schedule for those who wish to pay over a period of ten years at seven and three-quarter percent
(7.75%) simple interest per annum.
Richard Donahue, property owner, stated the map is incorrect, and noted he does not access his
property from Elizabeth Street, but from Martin Street. He stated the project does not benefit him
and he would like to be excluded. Responding to Mr. Morrison, Mr. Donahue stated there is a
two -foot ditch which acts as a barrier between his property and Elizabeth Street. Mr. Scheltinga
explained the Board's past policy as been to include any adjacent land in an improvement district
because of the benefit received. After discussion, Mr. Morrison indicated the benefits to be
considered are listed on the last page of the draft resolution and also explained a property which
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HEARING CERTIFICATION - MARTIN BROTHERS PUD LOCAL IMPROVEMENT DISTRICT
#1997-1
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is excluded at this point cannot affect a change in the amount assessed to other property owners
within the district, since the maximum amount was stated in the original petition, intent hearing, and
ballot issue. He further explained any overage or change in assessment is paid by the County.
David Ellis, owner of Lot 10, stated part of the Donahue property was sold and it accesses
Elizabeth Street. Mr. Donahue stated his property was not sold and indicated the southern line of
his property is not correct on the diagram. He said the property which was sold belonged to the
owner immediately south of his property. Responding to questions from the Board, Mr. Morrison
indicated the Board can remedy a mistake in the proceedings and correct any error by giving
proper notice to the new property owner. After discussion, Commissioner Harbert moved to
continue the Creation Hearing for Weld County Martin Brothers PUD Local Improvement District
#1997-1 to February 4, 1998, at 10:00 a.m., to allow staff to determine whether a valid sale did
occur and to notify the property owner of the next hearing. Seconded by Commissioner Webster,
the motion carried unanimously.
This Certification was approved on the 22nd day of December, 1997.
ATTEST:
Weld Count
BY'
Deputy C
TAPE #97-33
DOCKET #97-54
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLFRADO
eorge E. Baxter, Chair
EXCUSED DATE OF APPROVAL
onstance L. Harbert, Pro-Tem
Dale K. a
Barbara J. Kirkmeyer
A
W. H. Webster
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