The URL can be used to link to this page

Browse Search

Home My WebLink About20211328.tiffEsther Gesick From: Sent: To: Cc: Subject: Attachments: Jill Triantaphyllis <jtriantaphyllis@yahoo.com> Tuesday, June 29, 2021 2:10 PM Council@thorntonco.gov; jan.kulmann@thorntonco.gov; kevin.woods@thorntonco.gov; jacque.phillips@thorntonco.gov; julia.marvin@thorntonco.gov; david.acunto@thorntonco.gov; adam.matkowsky@thorntonco.gov; sherry.goodman@thorntonco.gov; jessica.sandgren@thorntonco.gov; sam.nizam@thorntonco.gov; angie.bedolla@thorntonco.gov Paul Rennemeyer; Shane Hale; Barry Wilson; Esther Gesick; Richard Zeiler; KATHLEEN WEINMEISTER; amber sample; Allan Hale For today's Thornton City Council Meeting - Zeiler Farms Incorporate Statement & Supporting Information Regarding Thornton Water Pipeline Copy of City of Thornton Cost Comparison (8127).xlsx; Proposed Route by Zeiler Farms, Inc..docx; Statement to City of Thornton Council 6-29-2021.pdf; Windsor Letter to Thornton supporting direct route on CR13 11-30-20201MG_3618[14844]jpg Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Kulmann, Mr. Woods and Thornton City Council Members, Zeiler Farms Incorporated officially submits the following statement and attachments for your thoughtful consideration prior to the City Council Meeting to be held today, June 29, 2021 at 7pm. We respectfully ask that these documents be previewed by the council and submitted to the record for consideration in today's meeting regarding the Thornton Water Pipeline (TWP) and overturning Weld County Commissioners' decision to deny approving the TWP. And, we respectfully ask each of you to thoughtfully consider our specific plight regarding the TWP and provide additional support and assistance. Best, Richard Zeiler, ZFI Board President Kathleen Zeiler Weinmeister, ZFI Board Treasurer Amber Zeiler Sample, ZFI Board Vice President Jill Zeiler Triantaphyllis, ZFI Board Secretary CC: Paul Rennemeyer, Mayor of Windsor; Shane Hale, Windsor City Manager; Barry Wilson, Windsor Town Board Member; Esther Gesick, Weld County Sent from Mail for Windows 10 CArnmoni c a+ ons cc: PLCTPIOA), cAce's?), O7/07131 O7/ot12( PLa4s7 Thornton Water Project --- First Original Matrix Current ZFI Proposed Item Unit Price Quanity Cost Quantity Cost 42 -inch Open Cut Steel Waterline ft $ 475 4,260 $2,023,500 4080 $ 1,938,000 Hwy/RR/Canal Common Tunnel Shafts ea $ 150,000 2 $300,000 $ - Common Tunnel ??? ft 53,200 400 $1,280,000 $ - Larimer and Greeley Canal Tunnel Shafts ea $ 65,000 2 $ 130,000 Larimer and Greeley Canal Tunnel ft S 2,800 320 S 896,000 Highway 34 Tunnel Shafts ea $ 35,000 2 $ 70,000 Highway 34 Tunnel ft S 2,401) 300 $ 720,000 Great Western Railroad Tunnel Shafts ea $ 65,000 $35,000 2 $ 130,000 Great Western Railroad Tunnel ft S 2,800 $2,400 100 $ 280,000 Total $3,603,500 $4,164,000 Thornton Water Project --Second Matrix Adjusted Values Current Zeiler Farm Proposed Item Unit Price Quanity Cost Quanity Cost 42 -inch Open Cut Steel Waterline ft $ 475 4,260 $2,023,500 2,900 $1,377,500 Hwy/RR/Canal Common Tunnel Shafts ea $ 150,000 2 $300,000 Common Tunnel ??? ft 53,200 400 $1,280,000 Larimer and Greeley Canal Tunnel Shafts ea $ 65,000 2 $130,000 Larimer and Greeley Canal Tunnel ft S 2,,8(11) 16t ► $448,000 Highway 34 Tunnel Shafts ea $ 35,000 2 $70,000 Highway 34 Tunnel ft S 2,400 300 $720,000 Great Western Railroad Tunnel Shafts ea $ 65,000 $35,000 2 $70,000 Great Western Railroad Tunnel ft S 2,800 52,400 100 $240,000 Total $3,603,500 $3,055,500 Difference Cost Savings City 5548,000 Thornton Water Project --South Cross US 34 then East Along US 34 Total Length 1905 2396 Current Zeiler Farm Proposed Cost Item Unit Price Quanity Cost Quanity 42 -inch Open Cut Steel Waterline ft $ 475 1,505 $714,815 1,675 $795,625 Hwy/RR/Canal Common Tunnel Shafts ea $ 150,000 2 $300,000 Common Tunnel ??? ft 53.200 400 $1,280,000 Larimer and Greeley Canal Tunnel Shafts ea $ 65,000 2 $130,000 Larimer and Greeley Canal Tunnel ft S 2,800 160 $448,000 Highway 34 Tunnel Shafts ea $ 35,000 2 $70,000 Highway 34 Tunnel ft S 2,400 300 $720,000 Great Western Railroad Tunnel Shafts ea $ 65,000 $35,000 2 $70,000 Great Western Railroad Tunnel ft S 2,800 $2,400 100 $240,000 Total $2,294,815 $2,473,625 IThornton Water Project --Second Matrix Adjusted Values Total Length 7172 5878 Current Zeiler Farm Proposed Item Unit Price Quanity Cost Quanity Cost 42 -inch Open Cut Steel Waterline ft $ 475 7,172 $3,406,700 5,878 $2,792,050 Hwy/RR/Canal Common Tunnel Shafts ea $ 150,000 2 $300,000 Common Tunnel ?T? ft S3,200 400 $1,280,000 Larimer and Greeley Canal Tunnel Shafts ea $ 65,000 2 $130,000 Larimer and Greeley Canal Tunnel ft S 2.800 160 $448,000 Highway 34 Tunnel Shafts ea $ 35,000 2 $70,000 Highway 34 Tunnel ft S 2,400 300 $720,000 Great Western Railroad Tunnel Shafts ea $ 65,000 $35,000 2 $70,000 Great Western Railroad Tunnel ft S 2,800 $2,400 100 $240,000 Total_ $4,986,700 $4,470,050 $4,470,050 Difference Cost Savings City $516,650 Material Costs Diff. $614,650 General Map related to interrupting Zeiler Farms, Inc. Property vs Alternate Route which is more direct and significantly shorter with less engineering! ZEILER FARMS INC. Business Office: 5901 Sacajawea Way CONTACT: Richard Zeiler, President Loveland, CO 80537-9339 PHONE: California: 805-432-2205 June 29, 2021 This statement for the City of Thornton Mayor and City Council is provided by Zeiler Farms Incorporated (ZFI), the ZFI Board, made up of children and grandchildren of Henry and Alma Zeiler who acquired our family farm over 90 years ago. The Zeiler Farm holds our family history and is an important part of our heritage. The Farm is also a major asset to our family's livelihood as it continues to increase in value as communities develop and expand in northern Colorado namely Greeley, Johnstown, Windsor, and Loveland that essentially meet at our property boundaries. TWP is planning to take our land which is located east of County Road 13 and north of Highway 34, and this take will affect the future development and the benefits of that development to our family, and the Town of Windsor, in the not -too -distant future. We have also worked with the Town of Windsor to get their support of our proposed route and they have communicated to you, Mayor and Council, of their support of our route in the spirit of the Intergovernmental Agreement between Windsor and Thornton (City of Windsor letter attached). We have also attended every Weld County Commissioner's meeting and expressed our desire for Thornton to take the righteous path of compassion for landowners and namely Zeiler Farm landowners and go straight on our land rather than zig zag as is 11 Page currently planned. We have spent countless hours showing that our route is more direct and costs the same to many Thornton representatives. As you know, Weld County Commissioners recently denied Thornton Water Pipeline's application in favor of landowners' rights and livelihoods. Weld County's decision was a sound one due to several code requirement shortcomings related to approval of TWPs application, namely that the Thornton Pipeline will have a negative impact on agriculture, and it will impact future development. Let us repeat that, TWP is negatively impacting multitudes of landowners' future development and agricultural efforts. As of today, TWP plans on pursing eminent domain for our property. We made a reasonable offer to TWP based on Zeiler Farms' accurate appraisal and reluctantly acquiesced to TWP route. Instead of continuing amicable negotiations and offering what our land is worth, TWP is choosing to not only to deny our proposed and more direct route, but they are also choosing to pursue their timeline without regard to the "real" value of our land. Most of the reasons TWP does not want to change the route are related to timing and one modified negotiation, immediately south of our property that would be needed. There is virtually no cost difference for the proposed route changes. In our opinion, taking more of our land unnecessarily, which translates into our family's livelihood, compared to a bit more time and negotiations is not valid or conscionable. Each of you are certainly aware, Thornton will benefit greatly from the water in terms of satisfying your current & future constituents water needs and in terms of future community development and revenue. We are asking you as member of the community at large to put yourselves in the shoes of every landowner whose assets are being taken, with unreasonable negotiations, and the fact that Thornton has Wage offered inappropriately low compensation for striping away some of our land's future development. Today is a day to consider doing what is right for ALL INVOLVED not only what Thornton and their timeline needs at this moment. Be it as it may regarding the vote to overturn Weld County's denial of the TWP, but as this project proceeds, we implore you to prioritize landowners' desires, namely Zeiler Farm's desires and adjust your timeline and budget as needed to do the right thing by our valued property and for other community landowners. 3lPage COMMUN FIT — DEVELOPMENT November 30, 2010 OW of Thorrtoc /stn Mark It r, Morgan Water Protect Director 9t•00 Cnric Center Dove Tndy rton, CO 80229 Re: 2tt*r Fates Itx_ and Thornton Water Pipektne (T P) rotating toad, The it a govertrivital 4'eernent UGA} be wets the Town of Windsor ar~d City of Tborrrton dated January 23. 2018 states t:ht respectret parties will coordinate and cooperate oath each *Mtn regatta. Alig the ^,sta ration, tonstr;11F0n4 etc. un W-ndsor'S comic 3tt knits or Grewth Manager eqt Area In the spilt of the 16k W. wisest respectful r asks that Thornton engage *jinn* Lets! Farms reoripsertatives and ev,sluate thin prey yea a. igruntint &Joni Cciorado bouMtYatd twtRU}- Although the Town at Windsor does not allow the locators of wee transmission tines sn the public right of way (Row). Windsor dons want to communicate support S paw* the TWP along the western erg o' the atelier F arms' oftepe fty outs.6e o' CR13 ROW (pier the attached letter) versus the TWP's tc.irr. tit altgrtnenr The Town sees the belie Farms re9last to be reasonable and asks tr'at you reconsider this alir sent. if you PaYt ary saestioris or ulsrcern:s oe kikkovIct lake to d stun "rote ,n VOIxAd be Kipp.' to do to `Otaara tom• Shane Hale Town Manna cc, 'anew IL ignenet Wawa' C K . Cray M s City of fan Scat gatisra� "`'9r.Cityc f twdtnt star of Planning. �► �aS4sr'k. 'NettRr'�;,.frt tar^ t71 V1�tr�dso� r''s rsmvyirecit. love to 114 -wc w- 101 iivotnvt 'hart Wtrttio, CO 1055 j tiniest 7494 a* re win deaf (Pe cans June 24, 2021 OFFICE OF THE BOARD OF COMMISSIONERS PHONE: 970-400-4200 FAX: 970-336-7233 1150 O STREET P.O. BOX 758 GREELEY, CO 80632 Mayor Jan Kulmann City of Thornton 9500 Civic Center Drive Thornton, CO 80229 RE: Override of Board of County Commissioners' May 5, 2021, Denial of City of Thornton Water Pipeline Project Site Specific Development Plan and Use -by -Special Review Dear Mayor Kulmann: The Board of County Commissioners of Weld County ("the Board") has been informed that the City of Thornton City Council may vote to override the Board's decision to deny the City's Water Pipeline Project Site Specific Development Plan and Use -by -Special Review, USR 18-0130, pursuant to C.R.S. 30-28-110(1)(c). The first sentence of C.R.S. 30-28-110(lXc) says the following: (c) If the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the law governing the same, fall within the province of the board of county commissioners or other county officials or board, the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. In the case of Board of County Commissioners of the County of Boulder v. Hygiene Fire Protection District, 221 P.3d 1063 (Colo. 2009), the Colorado Supreme Court held that C.R.S. 30-28-110(1)(c) "... codifies the long-standing rule that other political subdivisions may override the restrictions of county or municipal zoning regulations." Id., at 1067- 1068. The Court further stated: "We think the better interpretation of section 30-28-110(1)(c) is that it functions as part of a legislative design to coordinate the zoning authority of counties and the authority of other political subdivisions to carry out public projects. The practical effect of section 30-28-110(1) is that a public entity, such as a special district, must apply for location and extent review of a proposed project to accommodate, where feasible, the zoning interests of the county, but the governing body of that entity ultimately has authority to override county disapproval of the project. (Citations omitted.)" Id., at 1068. Clearly, the Thornton City Council has statutory authority to override the Board's decision to deny USR 18-0130. We understand the City Council may consider such override at its regularly scheduled meeting on June 29, 2021. With this in mind, the Board respectfully requests that the City Council include in its override decision a commitment to comply with the terms and conditions set forth in the enclosed document entitled, "Terms and Conditions — Thornton Water Pipeline Project in Weld County." These terms and conditions are based upon the original Conditions of Approval and Development Standards of USR 18-0130 but have been modified to better fit the circumstance of an override by Thornton. Although not expressly stated in the terms and conditions, we trust that Thornton will continue to deal with Weld County's citizens fairly. COMPrzt-)nictx-i-ions ©cnl3o ! a r, oust- t .s-- PLaco57 Please be advised that Weld County commits to process and review all application requests by Thornton for the necessary permits described in the terms and conditions, such as access, road crossing, and building permits, in the same manner and timeframe afforded such applications submitted by others. We also respectfully request that Thornton provide notification about the City Council's consideration of the matter on June 29th to the citizens who spoke at and/or submitted written communications to the Board at the Board's May 5, 2021, USR hearing. Thank you for your attention to our request. Sincerely, Steve Moreno Chair, Weld County Board of Commissioners c: Bill Tuthill, Acting Thornton City Attorney Bruce Barker, Weld County Attorney Terms and Conditions — Thornton Water Pipeline Project in Weld County 1. The City of Thornton (Thornton) intends to construct and operate a permanent 42 -inch water transmission pipeline and associated appurtenances within Weld County, including, but not limited to, a one million -gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements ("the Pipeline Project"). Prior to and during construction, and prior to operation, Thornton will do the following: A. Thornton will negotiate in good faith to enter into a mutually acceptable Road Maintenance Agreement that may include dust control, tracking control, and damage repair attributable to construction of the Pipeline Project and located within 0.5 miles of any construction access point for the Pipeline Project. B. Thornton will provide, if requested by Weld County, the recording information for all agreements/easements for the Pipeline Project in Weld County. C. Thornton will attempt to address reasonable requests of the cities and towns along the alignment of the Pipeline Project within Weld County, including, without limitation, the requests expressed in the referral response from the Town of Windsor, dated June 19, 2020, and response from the Town of Frederick, dated March 23, 2020. D. Thornton will provide Weld County with a set of As -Built plans for the Pipeline Project that show: 1) The exact location of the permanent easement for the Pipeline Project. 2) Weld County Roads 4, 8, 10, 16, 22, 28, 32, 36, 40, 42, 52, 52.25, 56, 60, 84, 86, 88, and 90, including their 60 feet of rights -of -way, to the extent they are crossed or are immediately adjacent to the Pipeline Project. 3) Weld County Roads 6, 18, 20, 34, 38, 50, and 68.5, including their rights -of -way, to the extent they are crossed or are immediately adjacent to the Pipeline Project. These are roads designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as collector roads, which require 80 feet of right-of-way at full buildout. 4) Weld County Road 13 (between WCR 92 and Highway 14), including its rights -of - way, to the extent it is crossed or is immediately adjacent to the Pipeline Project. This is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. This road is maintained by either Larimer or Weld County. When scalable construction drawings are available (prior to construction), Thornton will work with the Weld County Department of Public Works to determine which County is responsible for the maintenance of WCR 13 at the point of crossing. 1 5) Weld County Road 13 (between Highways 14 and 34), including its rights -of -way, to the extent it is crossed or is immediately adjacent to the Pipeline Project. This is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires 140 feet of right-of-way at full buildout. This road is maintained by either Larimer or Weld County. When scalable construction drawings are available (prior to construction), Thornton will work with the Department of Public Works to determine which County is responsible for the maintenance of County Road 13 at the point of crossing. 6) The point of crossing of Weld County Road 54 (Freedom Parkway). This is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires 140 feet of right-of-way at full buildout. The road is maintained by Weld County. 7) Weld County Roads 12, 70, and 72, including their rights -of -way, to the extent they are crossed or are immediately adjacent to the Pipeline Project. They are section line roads and are not County maintained. 8) The water tank and pump stations, including their proposed access locations, which will show the required access width (40 feet) and the appropriate turning radii (60 feet). Appropriate tracking control for the water tank and pump station sites will also be shown. 9) Entrance gates, where applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. E. For any activity that requires a Weld County permit, Thornton will apply for all applicable construction related permits typically required by Weld County through Weld County's administrative permit processes. More specifically, Thornton will: 1) Obtain Weld County Access Permit for any permanent, temporary or equipment crossing locations within Weld County jurisdiction and construct the permitted accesses and required tracking control devices. 2) Obtain a Weld County Right -of -Way Permit for any work that may be required in the right-of-way and/or a Special Transport Permit for any oversized or overweight vehicles that may access the site. 3) Obtain a Weld County Grading Permit if more than one (1) acre of land is to be disturbed for the construction of non -pipeline activities (i.e., construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the Pipeline Project trench). 4) Submit to Weld County Public Works Final Drainage Reports and Certifications of Compliance, stamped and signed by a Professional Engineer registered in the State of 2 Colorado, for Booster Pump Stations 1 and 2. The historical flow patterns and run-off amounts in the Pipeline Project area will be maintained. 5) Submit to Weld County Public Works a Final Drainage Report with a Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, or a Drainage Narrative with a qualifying exception to stormwater detention, for each of the proposed staging areas. The historical flow patterns and run-off amounts in the pipeline project area will be maintained. 6) Obtain a Weld County Flood Hazard Development Permit to install the Pipeline Project in the 100 -year floodplain. 7) Submit to Weld County Planning a Landscape and Screening Plan that provides screening of the pump stations and the water tank from the surrounding properties and rights -of -way. 8) Submit to Weld County a Lighting Plan that limits lighting during nighttime construction that adversely affects surrounding properties and traffic on adjacent roadways. Thornton intends, to the extent practicable, to limit hours of construction to the period between 7:00 a.m. and 7:00 p.m., Monday through Saturday. F. During construction of the Pipeline Project, Thornton will: 1) Communicate at least weekly with an employee of the Weld County Department of Public Works (to be designated by the Public Works Director) to update Weld County on the progress of construction and to discuss any problems or concerns expressed by Weld County. 2) Utilize onsite parking for construction, without parking or staging of vehicles on public roads. 3) Refrain from constructing the pipeline within Weld County rights -of -way, except for crossings. 4) Ensure that all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) are stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5) Ensure that no permanent disposal of wastes occur on -site. 6) Handle, store, and dispose of waste materials in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 7) Provide adequate toilet facilities and handwashing units for construction personnel. Screened portable toilets are acceptable and will be serviced by a cleaner licensed in Weld County, contain hand sanitizers, and removed when construction is completed. 3 8) Obtain Weld County Building Permits for any new construction or setup manufactured structure, per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Conservation Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. Plans must be approved by the Weld County Building Inspection Department and a permit must be issued prior to the start of construction. 9) Comply with all requirements provided in the executed Road Maintenance Agreement. 10) Grant access to necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment onto the pipeline easement and Thornton owned property at any reasonable time as coordinated by Thornton in order to ensure the activities carried out on the property comply with the applicable Weld County regulations. 11) Control noxious weeds on the Pipeline Project easements and appurtenances, pursuant to Chapter 15, Articles I and II, of the Weld County Code. G. Prior to operation of the Pipeline Project, Thornton will coordinate with the Weld County Office of Emergency Management and applicable outside agencies (for example, fire districts) to develop and periodically review and Emergency Action and Safety Plan for the Pipeline Project. 2. During operation of the Pipeline Project, Thornton will do the following: A. Provide to Weld County Office of Emergency Management a copy of its Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. B. Control fugitive dust and fugitive particulate emissions until ground cover is established. 4 Rebecca Hicks 32460 Inverness Dr. Evergreen, CO 80439 May 14, 2021 Dear Board of County Commissioners: Mike Freeman Scott James Lori Saine Steve Moreno Perry Buck Barbara Kirkmeyer Kevin Ross RECEIVED MAY 17 2021 WELD COUNTY COMMISSIONERS It is with heartfelt thanks that we can finally express our appreciation for your courage and fortitude. You voted with your consciences and convictions and defended Weld County and those of us who have been brutally assaulted by Thornton's relentless pursuit of eminent domain of our properties and future. With foresight, wisdom and keen understanding of the Weld County creed and codes, you remained steadfast and committed to upholding the values of the County and protection of the citizenry from a tyrannical force. At a time when Thornton again and again refused to be a good and reasonable neighbor, you have professionally endured and tried to get them to see the responsible way of doing the "Right Thing" for Weld County and all concerned parties. It has been difficult navigating these dark waters with Thornton picking us off one by one through intimidation and costly eminent domain court proceedings. It is gratifying and heartwarming to know that individuals in your position care and are willing to stand by us against a grave injustice. The court system to date has failed us. It is with fervent hope that your wise decision to set the bar using the County codes will help Thornton see the errors and miscalculation of using their barbarian tactics or that a wise judge with integrity like yours will uphold the County's goals and values for us and future generations. As my husband would have said, "Thank you for being our daughter's "Wingman." Thank you for your goodness and resolve. With sincere appreciation and best wishes to all of you, Rebecca Hicks Copy via US mail: Barbara Kirkmeyer Kevin Ross COMM OA'. C0.+;or\S O5 /24/21 PLCOAITP), al' y(SR) 05/:7/24 2021-1328 p� aCD 5'1 Hello