HomeMy WebLinkAbout20203502.tiffBOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
1150 O Street, Greeley, Colorado 80634
TRANSCRIPT OF PUBLIC HEARING
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND BY SPECIAL
REVIEW PERMIT, USR18-0130, FOR A GREATER THAN 16 -INCH
DOMESTIC WATER PIPELINE (PERMANENT 48 -INCH PIPELINE AND
ASSOCIATED APPURTENANCES, INCLUDING, BUT NOT LIMITED
TO: BURIED VALVE ASSEMBLIES, ACCESS MANWAYS, FIBER
OPTIC CABLE AND TEMPORARY CONSTRUCTION EASEMENTS) IN
THE A (AGRICULTURAL) ZONE DISTRICT - CITY OF THORNTON
(10:13 A.M. TO 10:20 A.M.)
The above -entitled matter came for public meeting before the Weld
County Board of County Commissioners on Wednesday, July 15, 2020, at
1150 O Street, Greeley, Colorado, before Jan Warick, Deputy Clerk to the
Board.
I HEREBY CERTIFY that upon listening to the audio record, the
attached transcript, as prepared by Rebecca J. Collings, DausterlMurphy,
www.daustermurphy.com, 303.522.1604, is a complete and accurate
account of the above -mentioned public hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Esther E. Gesick
Clerk to the Board
12.10 7/2-0
2020-3502
ad 5'7
APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3
4
5
6
7
COMMISSIONER MIKE FREEMAN, CHAIR
COMMISSIONER STEVE MORENO, PRO-TEM
COMMISSIONER SCOTT K. JAMES
COMMISSIONER BARBARA KIRKMEYER
COMMISSIONER KEVIN D. ROSS
8 ALSO PRESENT:
9 ACTING CLERK TO THE BOARD, JAN WARWICK
10 ASSISTANT COUNTY ATTORNEY, KARIN MCDOUGAL
11 PLANNING SERVICES DEPARTMENT, DIANA AUNGST
12 APPLICANT REPRESENTATIVE:
13 MARK KOLEBER, CITY OF THORNTON
14
15
1 (Beginning of audio recording.)
2 CHAIR FREEMAN: All right. We'll go
3 ahead and reconvene as the Board of County
4 Commissioners. Let the record reflect all five county
5 commissioners are present. We'll call up the first
6 item, Docket 2019-48, a Site Specific Development Plan
7 and Use by Special Review Permit, USR18-0130.
8 MS. McDOUGAL: Case Number USR18-0130.
9 The applicant is the City of Thornton. The request is
10 a Site Specific Development Plan and Special Review
11 Permit for a greater than 16 -inch raw domestic water
12 pipeline, permanent 48 -inch pipeline, and associated
13 appurtenances, including, but not limited to, buried
14 valve assemblies, access manways, fiber optic cable,
15 and temporary construction easements in the
16 Agricultural Zone District.
17 The legal description: The pipeline
18 crosses Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29,
19 32, and 31, T1N, R67 West; Sections 4, 5, 8, 9, 16, 17,
20 20, 21, 28, 29, 32, and 33, T2N, R67 West; Sections 20,
21 21, 28, 29, 32, and 33, T3N, R67 West, all in the
22 Sixth P.M. Weld County, Colorado.
23 The location: Starting at County Road 2
24 and extending north following County Road 17, just
2
1 north of Highway 66.
2 It was published May 3, 2019, in the
3 Greeley Tribune.
4 CHAIR FREEMAN: Okay. Diana?
5 MS. AUNGST: Diana Aungst. Thank you,
6 Mr. Chair. The applicant is requesting a continuance
7 of this particular USR to allow the referral agencies
8 adequate time to review this application.
9 CHAIR FREEMAN: Okay. And --
10 MS. AUNGST: The applicant is present.
11 CHAIR FREEMAN: And this hasn't -- this
12 hasn't gone to Planning Commission yet?
13 MS. AUNGST: Right. This is -- this is
14 for the Planning Commission.
15 CHAIR FREEMAN: Yeah. Okay.
16 Okay. If the applicant, or the
17 applicant's representative, wants to come up. Just
18 state your name and address for the record. And if you
19 want to just give us a brief reason for the
20 continuance, I think we know, but just to put it on the
21 record.
22 MR. KOLEBER: Sure. My name is Mark
23 Koleber. Address is 12450 Washington Street, Thornton,
24 Colorado.
3
1 We've been working with staff, getting
2 our application together, getting ready for the
3 Planning Commission and the Board of County
4 Commissioners. We've worked with Diana to get it ready
5 for a June meeting, but that -- we weren't able to
6 quite get that ready, so we want to push things back a
7 month from this July 15th meeting back to the
8 August 26th Board of County Commissioners. And we will
9 be in front of the Planning Commission next Tuesday on
10 the 21st.
11 CHAIR FREEMAN: Okay. Thank you.
12 Does the board have any questions for the
13 applicant? Okay. Thank you.
14 So this is a public hearing. If anybody
15 wishes to come forward and discuss just the continuance
16 of this item. Okay. Seeing no public input, I will
17 close that and bring it back to the board. Go ahead.
18 COMMISSIONER ROSS: Mr. Chair, I'd move
19 we continue this item until August 26 at 10:00 a.m.
20 COMMISSIONER MORENO: Second.
21 CHAIR FREEMAN: It's been moved by
22 Commissioner Ross, seconded by Commissioner Moreno, to
23 continue USR18-0130 until August -- August 26 at
24 10:00 a.m.
4
1 Commissioner Kirkmeyer?
2 COMMISSIONER KIRKMEYER: I'd like to make
3 a comment after the vote.
4 CHAIR FREEMAN: Okay. With that, any
5 further discussion? All in favor?
6 MULTIPLE SPEAKERS: Aye.
7 CHAIR FREEMAN: Opposed? Motion caries.
8 Commissioner?
9 COMMISSIONER KIRKMEYER: So while we have
10 the City of Thornton here, we did have an individual
11 who approached the board in one of our meetings. Was
12 that last week, or was it this week?
13 CHAIR FREEMAN: Last week.
14 COMMISSIONER KIRKMEYER: Last week.
15 They're all running together.
16 CHAIR FREEMAN: They all do run together,
17 yes.
18 COMMISSIONER KIRKMEYER: Last week that
19 approached the board with regard to easements on his
20 property in the City of Thornton, and he commented that
21 the reason that you had to go on his property is
22 because the county wouldn't allow an easement in our
23 right-of-way.
24 So, I guess I would ask that you go back
5
1 and address that with Public Works. I know that they
2 were here and they spoke with that individual about his
3 concerns. I believe it's on County Road 17, south of
4 66, correct?
5 UNKNOWN MALE: Yes.
6 COMMISSIONER KIRKMEYER: And maybe you
7 could talk with Public Works about the individual's
8 concerns, because the board's policies, or what we have
9 in our code, is with regard to natural gas and oil
10 lines being in our right-of-way because of the safety
11 issue. We don't prefer to like to have lines in our
12 right-of-way because it causes us issues in the future,
13 as you know, from a municipality's perspective.
14 I just wanted to make sure that you were
15 aware of that and that hopefully you will have some
16 conversations with Public Works or Planning or whomever
17 with regard to easements in that specific area.
18 MR. KOLEBER: I will do so. Is there
19 somebody here I could talk to today about that to make
20 sure we're --
21 COMMISSIONER KIRKMEYER: Yes. Dawn
22 Anderson is in the back of the room.
23 MR. KOLEBER: Okay.
24 COMMISSIONER KIRKMEYER: And she can help
6
1 kind of walk you through it and the concerns that were
2 brought up by this landowner in that area.
3 MR. KOLEBER: I appreciate that. Thank
4 you.
5 COMMISSIONER KIRKMEYER: Yeah. Thank
6 you.
7 CHAIR FREEMAN: Thank you. Okay. Any
8 other comments?
9 Okay. Seeing no further business, we are
10 adjourned.
11 (End of audio recording.)
7
TRANSCRIBER'S CERTIFICATE
I, Rebecca J. Collings, a Colorado Realtime
Certified Reporter, Registered Professional Reporter and
Notary Public within and for the State of Colorado, do
hereby certify that I prepared the foregoing transcript
from an audio recording of the proceedings.
I further certify that the transcript is
accurate to the best of my ability to hear and understand
the proceedings.
I further certify that I am not an attorney,
nor counsel, nor in any way connected with any attorney or
counsel for any of the parties to said action, nor otherwise
interested in the outcome of this action.
My commission expires September 14, 2021.
REBECCA J. COLLIN
Registered professional Reporter
Colorado Realtime Certified Reporter
Notary Public
REBECG°A J. COLLINGS
Notary Public
State of Colorado
Notary ID #20014028792
i My Commission Expires 09-14-2021
CERTIFICATE
STATE OF COLORADO)
ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of Weld County
Commissioners and Notary Public within and for the State of Colorado,
certify the foregoing transcript of the digitally recorded proceedings, In re:
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR18-0130, FOR A GREATER THAN 16 -INCH
DOMESTIC WATER PIPELINE (PERMANENT 48 -INCH PIPELINE AND
ASSOCIATED APPURTENANCES, INCLUDING, BUT NOT LIMITED TO:
BURIED VALVE ASSEMBLIES, ACCESS MANWAYS, FIBER OPTIC
CABLE AND TEMPORARY CONSTRUCTION EASEMENTS) IN THE
A (AGRICULTURAL) ZONE DISTRICT — CITY OF THORNTON, before
the Weld County Board of County Commissioners, on Wednesday, July 15,
2020, and as further set forth on page one. The transcription, dependent
upon recording clarity, is true and accurate with special exceptions(s) of
any or all precise identification of speakers, and/or correct spelling or any
given/spoken proper name or acronym.
Dated this 4th day of November, 2020.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ORIGINAL ( )
CERTIFIED COPY ()()
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2021
Trr4.'
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November 16, 2020
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Certified Mail Fee
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Terri Dunnington, Paralegal a
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
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CLERK TO THE BOARD
PHONE: (970) 400-4226
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
Y, COLORADO 80632
U.S. Postal Service"'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com®.
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
O Adult Signature Required $
• Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Postmark
Here
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PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
RE: Partial Refund of Transcript Deposit (USR18-0130)
Hello Terri:
www.weldgov. corn
Per our conversation last week, the City of Thornton submitted a deposit in the amount of
$1,065.00 as payment towards an estimated cost to produce a certified transcript. The final cost
came to $795.00, therefore, I have enclosed a refund in the amount of $270.00.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4226.
Very truly yours,
Esther E. Gesick
Clerk to the Board
egesick@weldgov.com
-I
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the maiipiece,
or on the front if space permits.
Article Addressed to:
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If YES, enter delivery address below: gj No
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
FOR SECURITY PURPOSES. THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING
WELD COUNTY GOVERNMENT REVOLVING FUND
1150 O Street Room 107
Greeley, CO 80631
PAY
TO THE
ORDER OF
C;11 -1(10.-4,00
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WELLS FARGO BANK, N.A.
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AUTHORIZED SIGNATURE
DETAILS ON BACK.
SECURITY FEATURES INCLUDED
Transcript and Certification Invoice
Esther E. Gesick, Clerk to the Board
1150 O Street, Greeley, Colorado 80631
(970) 400-4226 / egesick@weldgov.com
July 15, 2020, Hearing Transcript HE19-48.B, re: USR18-0130 — City of Thornton (prepared
by Dauster/Murphy and certified by Esther E. Gesick, Weld County Clerk to the Board)
Transcript preparation
+Transcript Certification 0.5 hrs X $60.00
SUBTOTAL:
S
S
$
40.00
30.00
70.00
August 26, 2020, Hearing Transcript HE19-48.C re: USR18-0130 — City of Thornton
(prepared by Dauster/Murphy and certified by Esther E. Gesick, Weld County Clerk to the
Board)
Transcript preparation
+Transcript Certification 2.0 hrs X $60.00
SUBTOTAL:
$ 325.00
$ 120.00
$ 445.00
September 16, 2020, Hearing Transcript HE19-48.D, re: USR18-0130 — City of Thornton
(prepared by Dauster/Murphy and certified by Esther E. Gesick, Weld County Clerk to the
Board)
Transcript preparation
+Transcript Certification 1.0 hrs X $60.00
SUBTOTAL:
GRAND TOTAL:
Deposit
$ 220.00
$ 60.00
S 280.00
S 795.00
(51,065.00)
Credit Due to City
$ 270.0
HE19-48.B (7/15/20) Time
Date
0
Logged
HE19-48.C (8/26/20)
10:30 — 11:00 p.m.
Time
10/29/20
Date
0.50 hrs
Logged
HE19-48.D (9/16/20)
11:00 - 12:00 p.m.
5:35 — 5:50 p.m.
4:15 — 5:00 p.m.
Time
10/29/20
10/29/20
11/02/20
Date
1.00 hrs
0.25 hr
0.75 hr
Logged
5:20 — 6:20 a.m.
TOTAL:
11/06/20
1.00 hrs
3.50 HRS
Murphy Court Reporting, LLC
PO Box 753
Broomfield, Colorado
80038
Bill To
Esther Gesick
egesick@weldgov.com
3 hearings - writing time
7/15/2020 Hearing
8/26/2020 Hearing
9/16/2020 Hearing
Thank you for your business.
82-1347267 - Reporter Beckie Collings
Invoice
Date i Invoice #
Total
10/30/2020 I 212
Terms
106.25
40.00
325.00
220.00
$691.25
CITY OF THORNTON, 9500 Civic Center Dr., Thornton, CO 80229
DESCRIPTION
791850
PO NUMBER I INVOICE NUMBER -7 NET AMOUNT
Check No. - 791850
Check Date -10/29/2020
10/13/2020
Stub 1 of 1
P.O. Number
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#791 850
BY <ye
11/9/2020 FedEx Ship Manager - Print Your Label(s)
Shipment Receipt
Address Information
Ship to:
TERRI DUNNINGTON,
PARALEGAL
CITY OF THORNTON
9500 CIVIC CENTER
DRIVE
THORNTON, CO
80229
US
303-538-7521
Ship from:
ESTHER GESICK
1150 O STREET RM 165
GREELEY, CO
80631
US
9704004225
Shipment Information:
Tracking no.: 772034346989
Ship date: 11/10/2020
Estimated shipping charges: 6.66 USD
Package Information
Pricing option: FedEx Standard Rate
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Package type: FedEx Envelope
Number of packages: 1
Total weight: 0.60 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Drop off package at FedEx location
Billing Information:
Bill transportation to: COUNTYOFWELD-483
DEPARTMENT NAME: CLERK TO THE BOARD
SENDER NAME: ESTHER GESICK
ADDITIONAL INFO:
DEPARTMENT FUND: 10400
Thank you for shipping online with FedEx ShipManager at fedex.com.
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https://www.fedex.com/shipping/shipAction.handle?method=doContinue 2/2
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Hello Terri,
Esther Gesick
Tuesday, October 13, 2020 10:54 AM
Terri Dunnington
Esther Gesicc Bob Choate
RE: CORA - USR18-0130, City of Thornton (July 15, August 26 and September 16 Weld
County BOCC Hearings)
TRLOG2020_1009_CITY OF THONTON USR18-0130_COST ESTIMATE.pdf
Follow up
Flagged
One final step. I've attached the cost estimate for your review. I would request the City pay the estimated amount,
payable to 'Weld County' as a deposit to complete the work. We don't have a really good way to determine how long
the transcript will take to produce because it often depends on the speed and clarity of the speakers for effort spent to
transcribe and number of pages used to capture the content. The check will be deposited and then either credited
toward the final invoice, or a partial refund will be issued if the work takes less time than expected. Please let me know
if you have any questions. The check may be sent to my attention at the address below.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Terri Dunnington <Terri.Dunnington@thorntonco.gov>
Sent: Tuesday, October 13, 2020 10:04 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Joanne Herlihy<Joanne.Herlihy@thorntonco.gov>; Bob Choate <bchoate@weldgov.com>
Subject: RE: CORA - USR18-0130, City of Thornton (July 15, August 26 and September 16 Weld County BOCC Hearings)
Thank you Esther.
We are okay with getting the transcripts the first week in November.
Much appreciated.
1
Terri
From: Esther Gesick <egesick@weldgov.com>
Sent: Monday, October 12, 2020 5:14 PM
To: Terri Dunnington <Terri.Dunnington@thorntonco.gov>
Cc: Joanne Herlihy<Joanne.Herlihy@thorntonco.gov>; Esther Gesick <egesick@weldgov.com>; Bob Choate
<bchoate@weldgov.com>
Subject: [EXTERNAL] FW: CORA - USR18-0130, City of Thornton (July 15, August 26 and September 16 Weld County
BOCC Hearings)
Hello Terri,
The requested audio files are available for download via the ShareFile link below:
https://weldcounty.sharefile.com/d-sffd0f3070034f058 fweldcountv.sharefile.coml
Once you download the file, click on the green arrow bookmark. If a yellow notification bar opens at the top of your
screen, click on the Options button and select 'Trust this document one time only' and then click the green arrow
bookmark again and the media wave file audio should begin to play.
Additionally, I have forwarded the raw audio files to the transcriptionist firm and they have indicated their team will be
available to start this project in the middle of next week and anticipate it will be completed no later than
10/30/2020. Upon receipt, I will need to listen to the audio and make any necessary corrections in order to certify the
transcript, which should only take a couple of days, so I would expect to deliver certified copies the first week of
November. Will this timeline work for you?
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Terri Dunnington <Terri.Dunnington@thorntonco.gov>
Sent: Thursday, October 1, 2020 12:12 PM
To: Esther Gesick <egesick@weldgov.com>
Cc: Joanne Herlihy <Joanne.Herlihy@thorntonco.gov>
Subject: RE: July 15, August 26 and September 16 Weld County BOCC Hearings
We will need word for word transcripts please. In the meantime, would you also send the audio/summary minutes.
Thank you.
2
From: Esther Gesick <egesick@weldgov.com>
Sent: Thursday, October 1, 2020 12:09 PM
To: Terri Dunnington <Terri.Dunnington@thorntonco.gov>
Cc: Joanne Herlihy<Joanne.Herlihv@thorntonco.gov>; Esther Gesick <egesick@weldgov.com>
Subject: [EXTERNAL] RE: July 15, August 26 and September 16 Weld County BOCC Hearings
Hello Terri,
As a point of clarification, are you simply needing the audio/summary minutes for these hearings, or are you asking me
to order formal word-for-word transcripts? I just need to know because the timing and costs will be more for formal
transcripts, whereas there is no cost for the audio/summary minutes.
Please advise.
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Terri Dunnington <Terri.Dunnington@thorntonco.gov>
Sent: Thursday, October 1, 2020 11:46 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Joanne Herlihy <Joanne.Herlihy@thorntonco.gov>
Subject: July 15, August 26 and September 16 Weld County BOCC Hearings
Ms. Gesick,
Good morning. The City of Thornton wants to order the hearing recordings/transcripts for the July 15, August 26 and
September 16, 2020 Weld County Board of County Commissioner's meetings (DOCKET #2019-48, PL2657, CITY OF
THORNTON (USR18-0130). Would you let me know when we can expect this or if I need to go through a separate
channel?
Thank you very much.
Terri Dunnington, Paralegal
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
303.538.7521
terri.dunningtonthorntonco.gov
3
City of
Thornton
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