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CORRESPONDENCE PONDEN(CE RESPONSE RE E5 V
SEP 1 5 1999
DEPARTMENT OF ""(_ti tcc. J�q i,n� - r
'URLIC WORKS DEl
* * * PLEASE RESPOND WITHIN THREE DAYS.* *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION
Narrative:
GB MG DH BK. GV
BOARD ACTION: (Initial by Approval)
Agree with Recommendation ✓ 1//
Worksession
METHOD 07 RESPONSE:
Board Action
Work Session
Letter (Attached)
- Telephone Call
- No Resporse (explain)
Department Head Signature
M.\CAROL\O PMAN\RD C OM P2
CiVnetd- 991556
/6/1/b-1 2E6G 258
1.4 PUBLIC WORKS DEPARTMENT
PHONE (970) 356-4000. EXT. 3750
FAX: (970) 304-6497
1111 H STREET
C.. BOX
GREELEY COLORADO 80 3
COLORADO
2 September 22, 1999
Myrtle A. Telep
2315 54th Avenue
Greeley, Colorado 83631
RE: Any claims concerning the road realignment and road improvements on Weld
County Road 27.5 or Two Rivers Parkway
Dear Mrs. Telep:
This is written in response to your request for additional reimbursement concerning work that
was performed at your request by Rob's Repair Company at your family farm.
As you know, the Weld County Public Works Department has installed significant road
improvements and realigned the road known as Weld County Road 27.5 or Two Rivers Parkway,
which is the roadway which runs adjacent to the Telep Family Farm. Since the time that the road
improvements were completed. Cynthia Telep Turner has contacted the Weld County Public
Works Department on several occasions concerning drainage problems occurring on the Telep
Family Farm which the claims are a result of the road improvements.
In response to Ms. Turner's claims, several representatives from the Public Works Department
and Jack Goodell met with Ms. Turner at the Telep Family Farm. Public Works Department
reached an agreement with Ms. Turner to install certain improvements to the irrigation system on
the Telep Family Farm, which included the items set forth in the March 30, 1999 letter
(hereinafter referred to as the "Weld County work"). The agreed upon improvements were
intended to take care of any and all problems that were claimed to be a result of, or associated
with, the road realignment and road improvements on WCR 27.5 or Two Rivers Parkway.
Letter, M. Telep
September 21, 1999
page 2
Subsequent to your agreement with Weld County as set forth in the March 30, 1999 letter,
Cynthia Telep Turner met with Rob's Repair Company and decided that additional work should
be done on the property. Rob's Repair agreed with you to perform the Weld County work with
the additional work it agreed to perform. Because the additional work would, in part, connect to,
or incorporate the Weld County work, Weld County, for clarification, then specified that it would
reimburse you for the amount Weld County would have incurred in performing the work which
Weld County had agreed to perform. As stated in the May 10, 1999 letter, the county 'would
have incurred a total of$1815.00 if it had separately performed the work to which it originally
agreed. Instead. Rob's Repair incorporated that work with the additional work it performed at
your request.
When Rob's Repair had completed all of the work you had requested for the Telep Family Farm,
Ms. Turner states that she reviewed the entire bill with Rob's Repair. A representative from
Rob's Repair determined that an additional $1324.00 should be paid by Weld County as that
amount represents a part of the work that the county had agreed to do. To date, we have no
written information from Rob's Repair to explain why they believe that Weld County should be
responsible for payment for additional amounts which the county would not have incurred if it
had completed the agreed upon work.
Even though Weld County does not believe that any additional sums are due and owing by Weld
County beyond the .initial agreed upon amount of$1815.00, Weld County will agree to pay the
additional $1324.00 you have requested as a full and final settlement of all claims you believe
you have or may have in the future concerning the road 27.5 project. Enclosed is an agreement
for the general release of all claims for your signature. If there are other members or managers of
the LLP who should also sign the release, please let us know. When we have received the
release signed by all appropriate people or entities, we shall immediately present a check to you
for the balance of the $3139.00 total you have requested, representing the $1815.00 Weld County
previously agreed to pay, and the additional $1324.00 which you have requested.
We look forward to your prompt response.
Very Iv Yours,
rank B. Hempen, Jr.
Director of Public Works/County Engineer
GENERAL RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION OF THE PAYMENT OF $3139.00, I, Myrtle A. Telep, on
behalf of myself and the Telep Family Limited Partnership, I,LP, and each and every other
person or entity who holds any interest in the property located at Weld County Road 27.5 and
Weld County Road 52, (hereinafter, all such persons or entities shall jointly be referred to as
"Telep"), the real property more particularly described as
the West '/2 of the Northwest 1/4 of section 32, Township 5 North, Range 66 West of the
6th P.M., and hereinafter referred to as the Telep farm,
hereby execute this General Release of All Claims (hereinafter referred to as "General Release")
in favor of the County of Weld, State of Colorado (hereinafter referred to as "Weld County"), as
follows:
In consideration of the above-stated payment, Telep voluntarily and knowingly releases
and forever discharges Weld County, the Board of County Commissioners, its employees,
representatives, successors, assigns and agents from any and all claims, demands, actions at law
or in equity that Telep has ever had or now has or which Telep may have in the future, or that
anyone claiming through or under Telep has had or now has or may in the future have, against
Weld County in any manner arising out of the road realignment and road improvements in any
manner associated with Weld County Road 27.5, or Two Rivers Parkway.
Telep understands that Telep may have suffered damages that are unknown to Telep at
the present time, and Telep further understands that unknown complications or other
circumstances may arise at the property known as the Telep Farm, which may be a result of the
road realignment and road improvements associated with Weld County Road 27.5, or Two
Rivers Parkway.
Telep further acknowledges that it is possible that any damages which Telep may suffer
as a result of the road realignment or road improvements associated with Weld County Road
27.5 or Two Rivers Parkway may become known in the future. With such knowledge, Telep
elects to, and hereby does, assume the risks for such claims heretofore or hereafter arising,
known or unknown.
Telep understands that this General Release is a compromise of doubtful and disputed
past, current, and/or future claims. The provision of the consideration described above by Weld
County is not intended by them and therefore should not be construed to be an admission of
liability on the part of Weld County or anyone else. Weld County specifically denies liability for
any claims and/or damages arising out of, or to arise out of, the road realignment or road
improvements associated with Weld County Road 27.5 or Two Rivers Parkway, and Weld
County intends, by way of this General Release, to bring to an end any and all disputes,
litigation, or possible litigation in the future, with respect to the claims or potential claims
described herein.
Myrtle A. Telep hereby certifies that she is the authorized agent for Telep Family Farm
LLP, and for any heirs, beneficiaries, or agents, or any other person or entity who may have an
interest in the Telep Family Farm LLP, and she agrees to indemnify and hold harmless Weld
County from any and all claims made or lawsuits brought by any entity or person making any
claim concerning the Telep Farm, arising out of the road realignment or road improvements
associated with Weld County Road 27.5 or Two Rivers Parkway.
This General Release of All Claims contains the entire agreement between the parties
hereto, and the terms of this General Release are contractual and not a mere recital.
The General Release shall bind and inure to the benefit of the agents, representatives,
successors, and assigns of Weld County, and shall inure to the benefit of all other persons,
entities, firms, corporations, agents or principals against whom the claims released herein might
be asserted.
Telep understands that this is a full, complete, and final release of Weld County, and that
the consideration described above is all Telep will ever receive as a result of any damages that
Telep may have, has, or may occur in the future, as a result of the road realignment and road
improvements of Weld County Road 27.5, or Two Rivers Parkway.
I, MYRTLE A. TELEP, ACTING PERSONALLY AND AS AGENT FOR TELEP FAMILY
LIMITED PARTNERSHIP, LLP, HAVE READ THIS GENERAL RELEASE AND Il REALIZE
THAT ITS CONTENTS HAVE IMPORTANT LEGAL CONSEQUENCES. I HAVE BEEN
ENCOURAGED TO CONSULT WITH AN ATTORNEY OF MY CHOICE TO DISCUSS THE
PROVISIONS OF THIS RELEASE. I UNDERSTAND ALL OF THE CONTENTS HEREOF.
I FURTHER UNDERSTAND THAT I AM RELEASING ANY AND ALL CLAIMS THAT I
PERSONALLY, OR TELEP FAMILY LIMITED PARTNERSHIP, LLP, AS WELL AS ANY
HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES HAVE OR MAY HAVE AGAINST
WELD COUNTY ARISING OUT OF OR IN ANY WAY RELATED TO THE ROAID
REALIGNMENT OR ROAD IMPROVEMENTS ON WELD COUNTY ROAD 27.5 OR TWO
RIVERS PARKWAY.
Dated this day of_ , 1999.
Myrtle A. Telep
Personally and on behalf of Telep Family
Limited Partnership, LLP, and each and
every heir,beneficiary, or agent of the Telep
Family Limited Partnership, LLP
State of Colorado )
County of Weld ) ss
SUBSCRIBED and SWORN to before me this_ day of ,
1999, by Myrtle A. Telep.
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 01
Date: September 10, 1999
FAX#:1-970-352-0242 (iao pages inclusive. CIT)
To: Weld County Commissioners:
B. Kirktneyer; D. Hall; G. Baxter; M. Geile; G. Vaad
From: Cindy Telep Turner
Re:: Rob's Repair work at Telep corner(496 St.)to solve erosion, drainage problems
re: Weld County construction work affecting W. side of WCR 27.5
Weld County, Colorado
• Executive Summary: You are all busy, so this is our conclusion and our request,
respectfully submitted: please pay us $3,139.00 immediately. This has been hanging
fire because we could not get an agreement other than Dave Becker's summary
disposition of the matter in his letter to Myrtle A. Telep dated May 10, 1999. We
want Weld County to pay us our out-of-pocket costs attributable to Weld County by
Rob's Repair,who are the guys who did the actual work. My mother has been deeply
upset by this matter. For that reason and that reason only, I have taken time none of
us have to write a support memo giving you a small part of the background
information so you could understand her emotional response to treatment she is
receiving from Weld County thus far.
• Invoice amount in dispute: This is a small matter. At issue is only $1,324.00.
• Invoice amount due Telep Family Limited Partnership.LLLP: $3,139.00.
• Your options:
• You may back the position of your Public Works Dept., and only pay us
$1,815.00.
• You may agree to pay us some amount greater than that but less than the full
$3,139.00 which we believe we are owed by Weld County, Colorado.
• You may agree to pay us what we believe we are properly owed to reimburse
us for our out-of-pocket cost attributable to, or caused by, Weld County
construction activities at this location,to wit: $3,139.00,
• Our conclusion: Based on our extensive discussions with the Rob's Repair estimator
and field manager Steve Calboon, and members of the crew that did the actual work,
we firmly believe that each and every line item from invoice#5569 in our fax
memo to Dave Becker is one we would not have incurred at all but for the Weld
County construction protect on WCR 27.5.
Thank you in advance for considering this request The County work is still not finished.
The erosion pit remains. We need fill, compaction,and finish landscape cross-section to
be approved by us. We would like this all to be reviewed by Rob's Repair. They seem to
do good work with common sense. Thank you for your help. DT
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 02
Backeround and discussion in support of Telep family request for$3,139.00:
• As a matter of principle, my mother Myrtle Telep asked me to lodge our request
to you directly for reimbursement in the amount of$3,139.00 (per attached fax').
• With all due;respect to Dave Becker and Frank Hempen, they do not know the history
of this intersection, this roadway, landfill closure,road realignment, and the fees for
paving WCR 27.5 which were to have been set aside instead of put into general fund.
• Backeround of WCR 27.5 construction project: Drew Scheltinga, former Weld
County Engineer,probably knows the history,engineering, role played by the Weld
County Landfill and its structure and closure issues, and our agreements to cooperate
on cost-share due to construction, dust, nuisance,easement, landscape design for
long-term maintenance and paving better than anyone else, but he no longer is in
charge.
• Teleti Family paid approx.$47,000 to close EPA Sunerfund Site. FYI, in a
separate but related matter affecting the entire construction project and
engineering and paving of WCR 27.5, Myrtle Telep has not forgotten that the
Samuel S. Telep Family paid approx. $47,000.00 out-of-pocket as we
shouldered the lion's share of the burden to prove that the WMX landfill
qualified for EPA Superfund status and should be closed (while being
stonewalled by WMX for years). To this day WMX self-monitors its 30-yr.
Post-closure plan with minimal oversight by state and county governments.
All members of our family did the original legal and environmental legwork
to give your Weld County Health Department key information on the closure
issues and the long-term importance of not disturbing the unlined and clay-
capped site which would permit additional leachate percolation into
groundwater.
• Fees not accounted for and/or put in General Fund for was of collection.
Myrtle remembers that a$.05 per trip on landfill fees imposed for years and
years was to have been earmarked for(I)paving WCR 27.5, and(2) nuisance
dust control for 49th St. to 83'°Avenue. Only a few years can be accounted for
and the monies were not applied to our problems as had been promised. The
scope of work was cut and WCR 27.5 paving and our dust control was
postponed for years until realignment was engineered. We suffered the
landfill traffic and documented it. Dust control promised to our family in
front of the farmhouse was never done. John Pickle at W.C. Health and Drew
Scheltinga at W.C. Engineering can probably vouch for whether the Telep
family paid more than its fair share in money and effort shouldering financial
and civic responsibilities for environmental concerns for the good of the entire
community that we believe are the proper role of government.
2
09/10/1999 1651 9703303770 TURNER TELEP KNISTER PAGE 03
• Spomer interests paid. Please note that Weld County paid approx. $27,000.00 to the
Spomer interests for farm irrigation disruption/pipeline relocation, loss of old trees
Oand general damages on the E. side of this intersection. Regarding the realignment of
WCR 27.5 to go around the WMX waste site, between WMX and Weld County an
OQ arrangement was made to pay off and keep quiet and confidential the extent of
C _ y t groundwater contamination to Spomer Lake and surrounding area, which was
�Y purchased and new lakes and drain systems constructed to try to contain the size and
extent of environmental problems which exist at this location.
• Telep interests not paid. Because we had a 20-year good working relationship with
Drew Schellinga and because we were upgradient at the pre-existing ground level to
WMX,we agreed on a handshake that we would"wait and see" what the impact of
the closure and the realignment and road construction on the W. (Telep) side of WCR
273. We would handle issues fairly and promptly as they arose. We were always
able to do that in the past. Now we are having to beg, and to document the nickle and
dime issues, each of which should be resolved in our favor as a matter of fundamental
fairness and accountability for the impact of the mad construction.
• Payments fur dust control and irrigation relocation. Have we as landowners been
damaged and impacted in various ways by the WCR 27.5 project? Yes. Did we pay
for our own dust control on 49'" Street? Yes. Have we been reimbursed? No. Does
the Weld County road grader come by and remove our dust control? Yes. Does
Weld County replace it? No. Have we been compensated and reimbursed fairly for
this? No. Flave we been reimbursed for any damages or costs we have had to incur
attributable to Weld County construction along WCR 27.5? No.
• No Contract. Mr. Becker and Mr. Hempen refused to pay Rob's Repair anything
because Weld County has no contractual relationship with Rob's Repair. Since Dave
Becker notified me that he and Frank Hempen cannot pay any part of Rob's Repair
invoice#5569 since they have no direct contract with Rob's Repair, we have paid the
entire $8,989.55.
• There has been no meeting of the minds because none of us had all the facts. We
had no prices. We had no contractor. Weld County would not give us an engineering
plan from which a contractor could work although we requested it. We have had to
do the best we can as inexpensively as possible.
• Work on Telep property on W. side of WCR 27,5 still not complete. The erosion
pit is still there. The landscape and long-term maintenance cross-section has not been
developed by Weld County so that it can be properly implemented. Dale Elliott put
in small pink riprap on the NW corner of the intersection to stave off erosion, but we
would like to discuss with representatives of Weld County various long-term plans at
this location since this is stop-gap. From what I can sec, I would like to compliment
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09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 04
Dale Elliott who appears to do the best he can on behalf of the Road and Bridge n
Department to field-fit solutions on a financial shoestring. This job is not.L....,. Silt_/ —
• Rob's Repair is reputable and capable of apportioning cost-share fairly. Steve
Calhoon of Rob's Repair went over this invoice with Myrtle Telep and me, and
picked out the items that he felt represented a fair cost-share by Weld County due to
Weld County causing by changing the elevation of WCR 27.5 and causing our
irrigation and erosion problems. Items attributable to Weld County needs and
construction are the ones listed in fax memo to Dave Becker(attached). Myrtle
Telep and I sat down with Steve Calhoon of Rob' Repair and he picked out the
items that he felt were attributable to the problems caused by the Weld County
road construction project on WCR 27.5. They totaled $3,139.00. See the
attached FAX.
• May 10, 1999 Letter from Dave Becker. As a watchdog for
spending Weld County funds(and we understand the woisdom
and importance of this role) Dave Becker wrote Myrtle Telep a
letter dated May 10, 1999, in which he attempted to limit Weld
County's liability to 200' of pipe, 10 loads of dirt and$200.00.
• Dave Becker notified it was not acceptable. I left word on
Dave Becker's voice mail that the letter was not right but that I
did not have real numbers and I understood he felt bound by
his letter although I told him we did not agree with it.
• Frank Hempen notified it was not acceptable. I left word on
Frank Hempen's voice mail that the letter was not right but 1[
did not hear back from him.
• Private property so this is all our problem. Dave Becker
and Frank Hempen indicated that they can and do take the
position,whether from the Weld County Attorney's Office or
not I do not know, that anything on our property is our problem
and it is properly our expense since it is on private property.
• There was no erosion nit or need to re-do our irrigation
from our concrete ditch before Weld County constructed
the new hiehway.We did not create the problem on our private
property. The WCR 27.5 construction project caused impact
and damages to us. No one knew exactly what it would cost to
put us right until the work was actually done. Now we know.
4
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 05
• I explained each line item of the$3,139.00 to Dave Becker and he said he
understood; however, he could not do anything except pay $1,815.00
computed pursuant to his letter of May 10, 1999.
• On the basis of the May 10 letter,the position of your Public Works Dept. is
that we are owed only $1,815.00, computed as follows:
200' of pipe @ 4.70/ft.: 940.00
All materials: 200.00
10 loads dirt @ $67,50/load: 675.00
TOTAL: $1,815.00
• Rob's Repair reputation for fairness in billing and apportionment. Rob's
Repair does a lot of work for municipalities and landowners in this area and
they are known for a common-sense approach to trenching and pipeline work,
and for fair billing for work done. Steve Calhoon is a long-time estimator and
field manager who picked items as follows:
• 320' of tripe instead of 200' is what it took to by-pass the part
of our concrete irrigation ditch and immense erosion pit that we
had to abandon after the gradient was changed due to cut and
fill work by the Weld County crews and other subcontractors
hired by Weld County. In our meeting at the site, Frank
Hempen estimated it would take 200' south of the erosion pit;
that the concrete box would be placed at that location, and that
was all the county would put in. The contractor pointed out
that the general plan was a poor long-term solution, and 120
additional feet of pipe is required to by-pass the problem area
created by the cut and fill on the roadway and on our property
to enhance site distances,etc., at the intersection.
• Tracer wire was put in ONLY BECAUSE we know that Weld
County needs to be able to identify the exact location of this
pipeline on our property for future work on Two Rivers
Parkway. This is common sense and will save W.C. costs.
• Concrete drop/siltation box. Frank Hempen saw the gradient
and fall from our concrete irrigation ditch which was originally
caused WCR 27.5 construction, This is what gave initial rise
to the big erosion pit. It is my recollection that Mr. Hempen
agreed that a concrete drop box would aid siltation cleanout
and mitigate velocity. No one knew that a precast concrete box
costs $1,200. Scott and I certainly did not know how much any
of this costs, or what a load of dirt is worth, or how much
might be needed, maybe not 10 loads. It will take whatever it
5
09/10/1999 16:51 9703303770 TURNER TEIFP KNISTER PAGE 06
takes to do the job right. No representative of Rob's Repair
was present at our preliminary meeting when we met with the
representatives of Weld County. We agreed that a concrete
drop box would be needed at the point of the erosion pit
because the fall from our concrete ditch(that we would have 1:0
abandon) was created by the surface cut and fill. Our irrigation
pattern on this corner has been drastically changed. Rob's
Repair indicated that the better long-term solution at our corner
required using a concrete box (precast from Aguilar Concrete
at a cost of$1,200.00)no matter what.
• No final plan for the W.side of our roadway and future development. Scott and I
met with Dale and Dave, and we met with Dave and Frank at different times to view
the erosion patterns and post-highway construction gradient differential. We asked
Mr. Hempen iin writing for a written engineering plan to address the issues and
propose long-term solutions, but we did not get one. What we ended up receiving
was Dave Becker's letter dated May 10, 1999, attempting to put a cap on Weld
County expenditures, the text of which is attached for your review.
• Cony of May 10. 1999 letter. I asked Dave Becker to fax me one. I have not
received it and it is Friday afternoon.This is the text from my virtually illegible copy.
• Copy of CJT letter to Frank Hempen-February 27, 1999. (copy attached)
• Cony of CJT letter to Frank Hempen -Marevh 31. 1999. (copy attached)
6
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 07
•
Date: ASeptember 1999
Rob's Repair Fax#: 1-970-284-7725 •
New W.C.P.W. Fax#: 1-97930tQQ7
-""" 'fO' Dave Becker,Operations Director- Weld Co. Public Works
pc: Steve Calhoon,Project Manager, Rob's Repair
ATTN also: Frank Hempen, Director, WC. Public Works
ATTN also: Dale Elliott. Road and Bridge-Weld County
From: C.J.Telep Turner-TEL& FAX: 970-330-3770
Re: Erosion control work N/S Cor. WCR 27.5 &49th St.
• I received Invoice#5569(6/30/99)from Rob's Repair for$8,989.55. (see copy)
• Dave,please pay$3,139.00 to Rob's Repair ASAP. It is overdue. We do not think it is
fair to make us pay Weld County's share,and this delay with us is not fair to Rob's Repair.
• I notified you with repeated messages that your letter dated May 10, 1999,was incorrect in
the assumptions stated and agreed work omitted,but I did not have actual feet and prices.
• Our preliminary agreement in the field was based on our estimates without input from the
guys doing the work. We were flat wrong. Actual erosion-repair work could not be done by
Goodell in a timely manner. It was done by Rob's Repair of LaSalle,CO. They pointed out
that we still have residual problems created by the Weld County improvements to 27.5 that
have not been fixed and additional problems created by W.C. of which we were not aware.
• We estimated that only 200' of pipe would need to be installed with a concrete drop box.
When the repair crew from Rob's Repair walked the property,they pointed out that our
thinking was not right and would lead to bigger problems down the line. They needed the
concrete drop box at the corner and ran 320' of pipe instead of 200' to by-pass the erosion
area and solve problems created when the intersection was re-done by Weld County. Our
cost is$5,850.55 to install an additional 1,060' of pipe and complete the line. Weld County
cost-share per Invoice#5569:
320' pipe(installed)@ 4.70/ft. 1,504.00
Tracer wire 140.00
Install box 120.00
Concrete box(from Aguilar) 1,200.00
One 12x4"T'valve 130.00
Concrete mix 45.00
Weld County Public Works Dept.: 3,139.00
Telep Family Partnership, LLLP: 5,850.55
Rob's Repair Invoice#5569: 8,989.55
• Weld County changed the road elevations all along our East boundary line. We were
promised that at completion,Weld County would do landscaping or finish grading to create a
Weld County borrow pit, maintainable swale for mowing weeds so it would look good and
finish work along the length of our property so that no future runoff and flooding could go
into our fields, Historically, the road was below our field elevation:now it is above. Weld
County cut and till caused problems. We want Weld Co.to pay its cost share as outlined
above, and to finish this job right, not as attempted to be limited by your May 10, 1999 letter.
• Memo to Frank Hempen and Dale Elliott: We still need to look at the intersection riprap
and drainage patterns, and we need a good job of fill,compaction and surface contour work
to be done by Weld County on the West side of WCR 27.5. Please call and talk directly to
Steve Calhoon of Rob's Repair if you have any questions. Thank you. CJT
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 08
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-rt.rr colAhr rEo — _
T_ `' --TOTAL MATERIALS jG0/� -- TOTAL MATERIALS ca
-------- .— ___..._.._ TOTAL OTHER
Work ordered by
Orft uw- h /ell TAX /c r o,-
.
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I hereOY et:kAOwledye the 7ett•IfIlClorY carnole110t1 oI the ttbOe o e eeGlbeU wor► TOTAL 27989 S.'mow Mi prvrlillIto.Got.how fi lL
h Ode Ma let rr11 I-110415.1310
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 09
On Weld Co. Public Works Dept. Letterhead --text as follows:
May 10, 1999
Myrtle A.Telep
2315 54th Avenue
Greeley, CO 80634
Dear Mrs.Telep:
Erosion to Right-of-Way;
In reference to your letter dated April 14, 1999, Weld County will provide for the labor and
materials to repair'the erosion problem on the right-of-way near the intersection of 49th
Street and WCR 27.5. The repair shall consist of riprap on the north borrow ditch as previously
outlined.. The landowners will be responsible for construction and maintenance of the catch
ditch behind the riprap, which is on private property.
Irrigation Pipe and Material:
Jack Goddell,your contractor,will install the irrigation pipe and material on WCR 27.5. All
phases of the installation will be the responsibility of the contractor. Weld County will provide
200' of pipe, 10 loads of material,and up to$200 worth of other materials needed material in
exchange for the concrete box that was to be provided but now is unnecessary.
Weld County will not assume the responsibility of cleaning the siltation from the pipe once it is
installed. That responsibility will be for you and your general contractor to determine.
Sincerely,
Dave Becker
Operations Manager
pc: Frank B. Hempen.Jr., Director of Public Works/County Engineer
Dale Elliott, Bridge Supervisor
WCR files 49th St., WCR 27.5
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 10
C.J.TELEP TURNER,JD
0200 W. 49th Street
Greeley,CO 00634
TEL&FAX: 1-970.330-3770
February 27, 1999
Frank B. Hempen, Jr.,Director
Weld County Public Works Department
933 N. 111°Avenue
P.O. Box 758
Greeley, CO 80632-0758
RE: INTERSECTION OF WCR 27.5 AT 49TH STREnr. WELD COUNTY.CQ
Dear Mr. Hempen:
A week ago Friday afternoon we met at the above intersection to discuss solutions to resolving the
problems that were created by Weld County crews and subcontractors when the new WCR 27.5
highway was built along the east of Knister Farms and the road elevations were radically changed
for"safer" site distances.
Myrtle Knister Telep, my husband Scott and I met with you and Dave to define and view the
existing problem sites which we have complained about to Weld County since the work was done on
WCR 27.5.
As to causation: We feel like Juanita Broaddrick on the TV the other night: there is "no question"
in our minds that we did not invite or contribute to these erosion problems. Weld County and/oar
Its agents created the current erosion patterns as a result of the work done on this stretch of
highway. We believe, as we expressed to you on site,that if optimum engineering solutions do not
fix this correctly and well once and for all at this time, the erosion patterns will in tact get worse-
not better -possibly undercutting parts of the new roadway at some point when ordinary irrigation
or tallwater + foreseeable storm flow cannot be handled, When Myrt and Scott and I originally
spoke with Drew Scheltinge and the Weld County crews, they wanted us to take a "wait and see"
approach to the aftermath of the new highway construction. We did so, including trying various
sizes of rip-rap which we ourselves put in to try to stop the erosion over the past 2 years, and it has
Just gotten worse and worse—to the point you saw with your own eyes.
When Weld County or Its agents at the direction of the County, removed part of our concrete
irrigation ditch, cut the established ditches and ditchbanks, and disturbed underlying soils with
excavation that was not compacted when the job was graded over—the stage was set for the
erosion patterns which now have cut so deeply and badly.
I wrote and phoned Drew Scheltinga often about this matter requesting the County to fix the
problems it created for us both north and south of this intersection. He did not have a budget to
fix it right as I understand it but was trying to get one. When I talked with Dale Elliott on several
occasions, he indicated that he could see and understand how the WCR 27.5 project had created
these problems, and that he would like Weld County to do the right thing and stop the erosion
areas by engineering and installing structures that would work.
09/10/1999 16:51 9103303770 TURNER TELEP KNISTER PAGE 11
Like Mr. Elliott, I hate to see government do things only half-way-and then they have to be
redone and redone because they were not solved right the first time. That Is true waste of taxpayer
dollars. We believe that it is right for Weld County to budget a proper fix here-not a "half-way"
solution.
As we faithfully relied on Weld County in the beginning not to create erosion, drainage and long-
term maintenance and repair problems for us and our family farm operation, we are again relying
on you since you ire new on this scene representing Weld County. Please use your best efforts and
K-State engineering sense to design and install sensible long-term solutions on both the NW and SW
corners of this intersection where these problems are getting worse all the time.
To reiterate what we discussed on site:
• Site sketch plans helpful. We would like site sketch plans for the engineering solutions. Does
not have to be fancy,Just understandable so that Gary Homier, who leases and farms Knister
Farms, can help create a long-term permanent workable solution for sensible and flexible farm
operations. Gary was with the Northern Colorado Water Conservancy District for a long time
and should have good input into our final mutually-agreed engineered solution. Mr. Hoftner
had a conflicting medical appointment on February 19 or he would have liked to join us on that
Friday on site.
• We want Weld County to use the best lone-term engineerine available to solve these erosion
problems, When the work was originally done, Weld County and/or its agents at its direction
tried for a short-term, relatively cheap, quick fix on the west side of WCR 273 at this location.
We did not make Weld County pay us for an easement or written agreement to do the cut and
fill on our property. By being hard to deal with and exacting large money payments and work
commitments from Weld County, the Splutter place came out better than we did by trying to
cooperate with Weld County. We operated on a handshake because Drew and I worked
together well 25 years ago and Weld County employees represented, and we believed,that they
would do a gaud job and leave our property In good shape, Installing whatever structures would
work to prevent erasion and keep our ditches usable. I believe Mr. Scheitinga, formerly Weld
County Engineer, to be a fair and honorable man who wanted to do the right thing on the West
side of WCR 273. For whatever reason it did not get done. We think that by trying to cut
costs and corners (excuse the pun), the Commissioners or budget managers given project
oversight did not solve problems at this comer by failing to address our concerns of deep
erosion patterns. I think it was Dale Elliott's crew that put in the one retaining wail which is
working-and then the project just was pulled or stopped before it was completed. Now, due
to unconnected soils, lack of concrete catchments appropriately placed, lack of a steel retaining
wall with a backsplash on the NW corner, and increased water velocities due to extensive rut
and flu work on all vehicle approaches to this intersection, we have the current problems.
• RjI►rap will rot cut It at either location. FYI, Dale Elliott tried some pink rock on the NW
Corner and it is pretty much gone. We(Scott and I) put in large pieces using our tractor on
the SW corner erosion site-but to no avail.
• A maintainable concrete siltation or catchment basin at the south end of the existing concrete
ditiJl(where the deep hole and channel starts) with an adequately-sized, placed and screened
outlet.
• Underground firdeation pipe of appropriate size, material(no smaller than 15" PVC according
to George GaSi), depth. angle, length and connections for farm operations) from the
siltation basin outlet south along the East boundary to a point where the erosion pattern stops.
We need Mr. Hoffner's input as to "user-friendly" system design along the East boundary of
Knister Farms.
• The other problem we looked at is the tall water ergslon on the north side of 49".Street from
approx. the C&G tank battery to the corner and the drainage from the north to the comer.
Since Weld County cut down the elevation of 49'h St. on the west side of the intersection back
approx.to the O&G tank battery, we have been left with a bank that continues to erode. The
2
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 12
edge of the field no longer supports the weight of farm equipment because the lateral and
subjacent auppsrt was removed by Weld County. Weld County crews installed steel retaining
wall and a concrete structure at the SW corner to retain the south bank and deter soil erosion
but did not do the north side. The pavement may need to be extended to the west from where
it currently stops.
• Concrete splash-guard or flashing to prevent bask side of steel retaining wall from washing out.
An impervious permanent flashing or channel material behind the steel wall-between the steel
and a tailwater drainage ditch-may be appropriate to deflect foreseeable flow because last
year we could see that regular farm operations create a drainage pattern will undercut or scour
out the dirt from behind the steel retaining wall-no matter how careful the farmer is-unless
tailwater can be directed away from the steel and channelized properly to the corner.
• Concrete siltation or catchment basin similar to one proposed for SW corner solution. Dale,
Elliott showed me small oink stone rip-ran but we both could see that it was at bests "stop_
gap" measure last did not work in this situation. He would like to see a"do it once and do it
right"solution at this corner.
Frank,thank you again for meeting with us and taking our concerns seriously.
We have faith that your engineering department will come up with a creative, well-engineered
design which will solve these problems once and for all before Gary starts to plant these fields this
Spring.
Scott will be available the first week of March while Myrt and I are in New York. We need to
coordinate with Mr. lofMer's schedule.
Thank you.
Very truly yours,
/
c
� ,b34l 4^i
C.J.Telep Turner
For your further consideration: Please be advised that we think the captioned intersection is a
death trap waking to happen for a variety of reasons. We hope we are wrong, but we have seen
too many close calls at this intersectoa. Just as the deaths happened at 83rd and 2e and g3"and
the 34 By-Pass with deceptively higher traffic speeds on through-traffic, we who live in this Ashton
neighborhood are of the opinion that deceleration/turn lane should be added for safety where
traffic must turn on or off WCR 27.5 along this new stretch of arterial highway.
Just as extra pavement helped at the intersection of WCR 27.5&WCR 52 (next intersection north
of 49th-- across from the junk/sales yard operation),this cost-effective safety factor could be
incorporated into the overall "fix it once and fix it right" engineer)g solution we were discussing 4
this intersection,
cc: Myrtle Knister Telep
cc: Gary Hoff tier
3
09/10/1999 16:51 9703303770 TURNER TELEP KNISTER PAGE 13
C.J.TELEP TURNER,ID
8200 W.49th Street
Greeley,CO 80634
TEL&FAX: 1-970-330-3770
March 31, 1999
Frank B. Hempen, Jr.,Director
Weld County Public Works Department
933 N. I lth Avenue
P.O. Box 758
Greeley,CO 80632-0758
RE: WCR 27.5& 49th St.-erosion started by Two Rivers Parkway road construction
Dear Mr. Hempen:
We wrote to you on February 27, 1999,as follow-up to our numerous complaints since Weld
County-construction at this corner. We have not had a response.
My mother,Myrtle A.Telep,told me she is disappointed that she has not heard back from you
folks along the lines we discussed on site. In the press of business this matter may have gotten
overlooked again but we are distressed that we are nearly into the 1999 growing season.
We have planted onions adjacent to Two Riven Parkway and Gary Hoffner who farms Knister
Farms has put in his order for early water from the Greeley-Loveland Ditch. As soon as water
comes into the ditth we will be forced into running water into the existing erosion pattern
creating further damage.
We need Weld County to help us design and build a sensible long-term solution for the two main
problem erosion patterns that were started at this location by the construction of the new Weld
County highway. Thank you for your courtesy and help, Frank. Time is of the essence.
Very truly yours,
C.J.Tel. Turner
cc: Myrtle A.Telep, Farm Manager General Partner
cc: Gary Hoflher
Hello