HomeMy WebLinkAbout20203504.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 11:12 A.M.)
The above -entitled matter came for public meeting before the Weld
County Board of County Commissioners on Wednesday, Se tember 16,
2020, at 1150 O Street, Greeley, Colorado, before Jess Reid, Deputy er
to the Board.
I HEREBY CERTIFY that upon listening to the audio record, the
attached transcript, as prepared by Rebecca J. Collings, DausterjMurphy,
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
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2020-3504
Pta457
1 APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3 COMMISSIONER MIKE FREEMAN, CHAIR
4 COMMISSIONER STEVE MORENO, PRO-TEM
5 COMMISSIONER SCOTT K. JAMES
6 COMMISSIONER BARBARA KIRKMEYER
7 COMMISSIONER KEVIN D. ROSS
8 ALSO PRESENT:
9
10
11
12
13
ACTING CLERK TO THE BOARD, JESS REID
ASSISTANT COUNTY ATTORNEY, KARIN McDOUGAL
PLANNING SERVICES DEPARTMENT, DIANA AUNGST
PUBLIC WORKS DEPARTMENT, MIKE McROBERTS
HEALTH DEPARTMENT, LAUREN LIGHT
14
15 APPLICANT REPRESENTATIVE:
16 MARK KOLEBER, CITY OF THORNTON
17
18
1 (Beginning of audio recording.)
2 CHAIR FREEMAN: Okay. All right.
3 We'll go ahead and call up the next item, Docket
4 2019-48.D, a Site Specific Development Plan, Use by
5 Special Review Permit, USR18-0130.
6 MS. McDOUGAL: Case Number USR18-0130.
7 Applicant is the City of Thornton. The request, a
8 Site Specific Development Plan and Special Review
9 Permit for a greater than 16 -inch raw domestic
10 water pipeline, permanent 42 -inch pipeline, and
11 associated appurtenances, including but not limited
12 to, 1 million -gallon water tank, two pump stations,
13 buried valve assemblies, access, manways, and fiber
14 optic cable and temporary construction easements in
15 the Estate Zone District, the Agricultural Zone
16 District, and the Regional Urbanized Area Zone
17 District.
18 Legal descriptions: Sections 4, 5, 8,
19 9, 16, 17, 20, 21, 28, 29, 32, and 33, T1N, R67W;
20 Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N,
21 R67W; Sections 5, 8, 17, 20, 28, 29, 33, T3N R67W;
22 Sections 6, 19, 20, 29, and 32, T4N, R67W;
23 Sections 6, 7, 18, 19, 30, and 31, T5N, R67 West;
24 Sections 6, 7, and 18, T6N, R67 W; Sections 6, 7,
2
1 18, and 19, T7N, R67 W; Sections 19, 30, and 31,
2 T8N, R67 W, all located in the Sixth P.M., Weld
3 County, Colorado.
4 Location: North of County Road 2,
5 south of County Road 94, east of County Road 13,
6 and west of County Road 19. Notice of the original
7 hearing was published in the Greeley Tribune on
8 July 1, 2020.
9 CHAIR FREEMAN: Okay. So when we
10 continued this item on August 26th, the main -- the
11 reason for the continuance was to give Public Works
12 an opportunity to take a look at some of the right -
13 of -ways down there, and I think really we're just
14 kind of wanting to hear some information from
15 Public Works. So why don't we just go there.
16 MR. McROBERTS: I'm sorry. Could you
17 repeat that, please?
18 CHAIR FREEMAN: Well, when we
19 continued this in August, the reason for the
20 continuance was for Public Works to take an
21 opportunity and look at that, look at where that
22 was, and if there was the opportunity that some of
23 those places for this pipeline to actually be in
24 Weld County's right-of-way versus private
3
1 easements. And so that's kind of what we're
2 looking for as a board for some information on your
3 research.
4 MR. McROBERTS: Yes, sir. And I
5 actually have a little presentation here I can give
6 that will explain what we've done.
7 CHAIR FREEMAN: Okay.
8 MR. McROBERTS: So Mike McRoberts with
9 Public Works. Good morning.
10 On September 2nd, Planning Services,
11 Public Works, and the City of Greeley had a Skype
12 meeting to discuss possible locations where
13 Thornton's water pipeline might be constructed
14 within the Weld County right-of-way.
15 On September 4th, as a follow-up to
16 that meeting, the city provided the county an
17 exhibit depicting six areas where the pipeline
18 alignment could potentially be within our right -of -
19 way. The total length of right-of-way required in
20 these areas will be approximately 4.8 miles.
21 After performing a precursory
22 analysis, Public Works is relatively confident that
23 the pipeline can be located within our right-of-way
24 in the areas identified by the City of Thornton.
4
1 Without engineered construction plans
2 showing underground utility locations and
3 corresponding utility depths obtained from
4 potholing, Public Works is assuming that the
5 pipeline will be located in the middle of the
6 roadway with a minimum cover of 10 feet, which
7 shall be measured from the crown or the top of the
8 pipe.
9 Upon receiving engineered plans with
10 surveyed information, it may be determined that
11 locations other than the middle of the road is
12 possible. However, for pipeline locations outside
13 of the road section, temporary construction
14 easements will likely be required, which once again
15 would require the City of Thornton to have to go
16 and negotiate multiple -- with multiple property
17 owners for access to private property.
18 Needlessly to say, there will be
19 substantial road closures associated with
20 installing the pipeline in the middle of the
21 roadway.
22 It should be noted that the
23 southern -most 2,800 linear feet of the pipeline
24 alignment will fall within future right-of-way,
5
1 which strays from the section line in order for
2 County Road 17 to line up opposite Quebec Street in
3 Adams County.
4 Public Works is recommending that the
5 City of Thornton enter into an agreement to
6 purchase the land necessary to accommodate the
7 future right-of-way and that it be dedicated to
8 Weld County, to be accepted by the Board of County
9 Commissioners.
10 Public Works is also recommending the
11 City of Thornton enter into an agreement stating
12 that the city will relocate the waterline at its
13 sole cost should future right-of-way improvements
14 necessitate a vertical and/or horizontal shift in
15 the waterline.
16 We do have Thornton's exhibit showing
17 the six affected areas, along with some utilities
18 that we have on record that have been installed
19 since 2010, if you'd like to see that.
20 COMMISSIONER KIRKMEYER: And do we
21 have this document with your information -- I'm
22 sorry.
23 CHAIR FREEMAN: Yes, go ahead.
24 COMMISSIONER KIRKMEYER: Do we have
6
1 this information in our packet someplace?
2 MR. McROBERTS: This -- no, ma'am. I
3 just have it here.
4 COMMISSIONER KIRKMEYER: All right.
5 Could we get that in to our exhibits.
6 MR. McROBERTS: Okay.
7 COMMISSIONER KIRKMEYER: All right.
8 Sure.
9 MR. McROBERTS: So this is the
10 packet --
11 COMMISSIONER KIRKMEYER: Can you email
12 that to us, by chance? Can you email us both this
13 map and your written comments?
14 MR. McROBERTS: Do you want me to do
15 that now?
16 COMMISSIONER KIRKMEYER: Yeah, that
17 would be great. It makes it easier for me to
18 follow along. Are you okay with that?
19 CHAIR FREEMAN: Sure. Absolutely.
20 Yeah.
21 MR. McROBERTS: That's all right. If
22 I email it to Esther, can she distribute it to you
23 guys? Okay. Let me see if I can find it real
24 quick.
7
1 JESS REID: Commissioner Kirkmeyer,
2 the map is already in your exhibits. It's Exhibit
3 P, page 118.
4 COMMISSIONER KIRKMEYER: Thank you.
5 JESS REID: Uh-huh.
6 CHAIR FREEMAN: If you can just email
7 us your presentation that you just gave so we have
8 a copy of it.
9
10 you.
11 MR. McROBERTS: So I sent that to
12 Esther.
13 COMMISSIONER KIRKMEYER: Okay. Great.
14 Thank you.
15 UNKNOWN FEMALE: Do you want to go
16 through --
17 MR. McROBERTS: Once they're ready.
18
COMMISSIONER KIRKMEYER: Great. Thank
And whenever you guys are ready, I can
19 just kind of walk through what we've identified
20 here.
21 CHAIR FREEMAN: Yes.
22 MR. McROBERTS: This is just kind of
23 the overview of the six areas that are kind of
24 difficult to see at this scale here, but it's just
8
1 showing that approximately 4.8 miles will actually
2 be needed of our right-of-way.
3 If -- you can go to the next, just
4 kind of scroll down.
5 Starting from the north and going
6 south, this just kind of shows the first area where
7 they would actually be requesting some right-of-way
8 or to be in our right-of-way, and it's
9 approximately 4,000 linear feet. This is on County
10 Road 13. This portion of County Road 13 is
11 maintained by the county, and it is a paved
12 arterial road, according to the functional
13 classification map. There are approximately 2,093
14 vehicles per day on this section of County Road 13.
15 CHAIR FREEMAN: And where was that on
16 County Road 13?
17 MR. McROBERTS: Okay. It's on County
18 Road 13, and the north part of the right-of-way
19 that they're requesting actually butts up to County
20 Road 72.
21 CHAIR FREEMAN: Okay.
22 MR. McROBERTS: So it starts at the
23 intersection of 13 and 72.
24 CHAIR FREEMAN: Thank you. Okay.
9
1 MR. McROBERTS: And there are 4,000
2 linear feet of right-of-way needed in that area.
3 CHAIR FREEMAN: It's less than a mile.
4 MR. McROBERTS: Going to the south,
5 this section, actually the southern portion of the
6 right-of-way that they'd be requesting is at the
7 intersection of County Road 42 and County Road 15.
8 So this is on County Road 15. And this portion is
9 approximately 2,400 linear feet.
10 This was the section where -- and Amy
11 can discuss this in further detail if you need
12 [sic] questions -- but Amy went through our records
13 and determined potential utility conflicts where
14 they're requesting the use of the right-of-way.
15 And you can see on this exhibit at the
16 top there's a 4 -inch national -- natural gas
17 pipeline. On the east portion of the right-of-way,
18 there is an irrigation pipeline and a 4 -inch
19 natural gas pipeline.
20 This portion of County Road 15 is
21 considered -- or not considered, but it is a local
22 gravel road, and there are approximately 383
23 vehicle trips per day on this portion of County
24 Road 15.
10
1 CHAIR FREEMAN: Okay.
2 MR. McROBERTS: So going a little
3 farther south, this section is kind of between
4 Highway 66 and just north of County Road 26. There
5 are approximately 9,900 linear feet of right-of-way
6 that the pipeline would actually be in -- within.
7 And there is one bridge crossing that they will
8 actually not be able to stay within the right -of -
9 way at the bridge crossing. You can't actually
10 have the pipeline installed below a bridge.
11 There are multiple utility, potential
12 utility conflicts in this area. You can see
13 there's a 12 -inch oil pipeline; underground
14 electric, 20 -inch natural gas pipeline; a 20 -inch
15 water pipeline crossing; another 4 -inch natural
16 gas; a 12 -inch natural gas; an 8 -inch well
17 pipeline. So this has a lot of utilities in this
18 area. It will be a challenge.
19 So anyway, on this section of County
20 Road 17, it is also a local gravel, and there are
21 approximately 87 vehicles per day.
22 CHAIR FREEMAN: Okay.
23 MR. McROBERTS: And then continuing to
24 go south, there's approximately 830 feet of right -
11
1 of -way that they'd want to be located within. And
2 this is on County Road 17 just south of County Road
3 8. It's also a local gravel road. And there are
4 130 vehicles per day on this portion of County Road
5 17.
6 CHAIR FREEMAN: Okay.
7 MR. McROBERTS: So not a lot of
8 traffic.
9 And then going south a little bit
10 farther, this portion actually falls between County
11 Road 6 and County Road 4, and now it actually
12 extends a little bit south of County Road 4.
13 There are 5,240 linear feet of right -
14 of -way that would need to be included in this
15 portion. This is a local gravel road as well,
16 approximately 102 vehicles per day.
17 There is another bridge that they'll
18 actually have to go around that's kind of shown
19 just above County Road 4 there. And there are some
20 underground electrical, a 20 -inch natural gas
21 pipeline, an 8 -inch produced water pipeline, and
22 some overhead electrical that they would have to
23 kind of navigate around.
24 So anyway, and then down at the very
12
1 far south portion of the alignment, this is the
2 portion that I was mentioning that will require
3 that -- we would actually require that the City of
4 Thornton purchase some land for the future right-
5 of -way alignment.
6 There's 2,800 linear feet of future
7 right-of-way. And of course the intention of
8 moving this right-of-way to the east like that is
9 so that County Road 17 in the future will be
10 directly offset from Quebec Street in Adams County.
11 So there are just a couple utilities in here that
12 they would have to navigate around, an underground
13 electric and a 20 -inch natural gas pipeline.
14 Now, one thing that needs to be
15 considered is these are just the utilities that
16 we're aware of. Amy started actually recording
17 these back in 2010. And these are the ones where
18 the utility companies went through the county to
19 get right-of-way permits. There could be some out
20 there that we're not aware of that will need to be
21 discovered during the -- kind of the exploratory
22 process. So --
23 CHAIR FREEMAN: Okay. Commissioner
24 Kirkmeyer.
13
1 COMMISSIONER KIRKMEYER: So, but we
2 aren't currently looking to build this portion of
3 this roadway on Road 17 just north of County Line.
4 That's not even in our capital improvement plan at
5 any point, correct?
6 MR. McROBERTS: I'm not aware of when
7 that actually shows up in our capital improvements.
8 CHAIR FREEMAN: You're correct.
9 COMMISSIONER KIRKMEYER: Right, it's
10 not in our plan.
11 MR. McROBERTS: Oh, is it not
12 currently?
13 COMMISSIONER KIRKMEYER: Huh-uh. So
14 they could -- they could just go down the middle of
15 the roadway even in this portion here, because we
16 have that provision that should we -- when we get
17 ready to move the road or build this road, they
18 would have to pay then to relocate their line in
19 the middle of our roadway.
20 MR. McROBERTS: Yes, ma'am.
21 COMMISSIONER KIRKMEYER: Or they could
22 leave it where it was.
23 CHAIR FREEMAN: Because we're going to
24 put the road somewhere else.
14
1 COMMISSIONER KIRKMEYER: Yeah. I
2 mean, I'm just saying, because what do we do with
3 that right-of-way then?
4 CHAIR FREEMAN: Yeah.
5 COMMISSIONER KIRKMEYER: But anyway,
6 so it could just -- we wouldn't have to necessarily
7 go through and impact that area of the county right
8 now with them going through and saying we're going
9 to put a right-of-way in there and purchase all of
10 that when we're not actually going to build that
11 road for years.
12 MR. McROBERTS: Probably not. And --
13 COMMISSIONER KIRKMEYER: Is it a
14 hundred -and -some -odd --
15 MR. McROBERTS: That can all be put
16 into the agreement.
17 COMMISSIONER KIRKMEYER: Yeah, you
18 said it's a hundred -and -some -odd people. Maybe at
19 that point maybe -- who knows, maybe Adams County
20 will straighten out Quebec.
21 MR. McROBERTS: Right, or vacate it.
22 COMMISSIONER KIRKMEYER: There you go.
23 So -- so in this portion, we could still allow them
24 just to go down the middle of the current right -of -
15
1 way that we have.
2
MR. McROBERTS: Yes, ma'am. I think
3 we would allow them to do that.
4
5 you.
6
COMMISSIONER KIRKMEYER: Okay. Thank
CHAIR FREEMAN: Okay. Does anybody
7 have any questions for Michael?
8 COMMISSIONER KIRKMEYER: I guess I do
9 have one more question.
10 CHAIR FREEMAN: Go ahead.
11 COMMISSIONER KIRKMEYER: So, and I'm
12 assuming Thornton is going to give us an answer to
13 this as well, but in your estimate, how long do you
14 believe it would take to get this right-of-way and
15 these plans that we're talking about here secured,
16 this 4.8 miles? Like a couple months to get that
17 figured out and go through and do it, all the
18 necessary steps now?
19 MR. McROBERTS: I mean, the City of
20 Thornton might be able to answer that better, but I
21 was thinking -- I would think that there would be
22 several months worth of work there to be able to go
23 out and get the survey that they need and do the
24 potholing they need and really to produce the
16
1 construction plans.
2 There are other things, getting the
3 right-of-way permits and stuff like that. But I
4 would think that they would need several months to
5 do that, but they would know better than me, I'm
6 sure.
7 COMMISSIONER KIRKMEYER: All right.
8 Thank you, Mike.
9 CHAIR FREEMAN: Okay. Anything else?
10 Go ahead and bring the applicant --
11 MR. McROBERTS: That's all we had.
12 CHAIR FREEMAN: What's that?
13 MR. McROBERTS: That's all we had.
14 CHAIR FREEMAN: Okay. Great.
15 COMMISSIONER KIRKMEYER: Go ahead.
16 CHAIR FREEMAN: Go ahead and
17 bring -- the applicant, please come on up and state
18 your name and address for the record, and I guess
19 let's visit about what we just learned from Public
20 Works.
21 MR. KOLEBER: My name is Mark Koleber.
22 My address is 9500 Civic Center Drive, Thornton,
23 Colorado.
24 We concur. We actually provided most
17
1 of the information for Public Works to look at, and
2 we concur that there are some places where we could
3 put our pipeline in the county road right-of-way.
4 And we're willing to commit to working with your
5 staff and the property owners to figure out where
6 that really works and where it doesn't work based
7 on those investigations that Mr. McRoberts talked
8 about. And so we're willing to commit to do that
9 and move it off of private property into right -of -
10 way where it makes sense.
11 I just wanted to let you know that
12 after our meeting on August 26th, we worked with
13 the property owners and the court to vacate any of
14 the immediate possession hearings we had in
15 September so we could take time to look at this
16 right-of-way issue.
17 And for the properties where the
18 right-of-way is a possibility, until we finish
19 really looking at whether or not right-of-way
20 works, we won't pursue any more immediate
21 possession hearings in those areas.
22 But as alluded to, there's a lot of
23 engineering work to be done, to investigate where
24 it really does work, find all the utilities and
18
1 those kinds of things, make changes to our proposed
2 alignment, redo the maps, prepare a permit
3 supplement that we could get in to the county.
4 And we believe it's -- and also
5 continue to acquire and finish acquiring the
6 easements necessary for -- for this project so that
7 when we come back before you for a hearing, that we
8 would have most, if not all, of the easements
9 acquired for our project.
10 And to do that, we believe that it
11 would take about five months to get all that done.
12 And that's the continuance that we are requesting
13 today, is to ask for a five -month continuance so
14 that we can get all this work done and come back
15 with a wrapped up, finalized, ready -to -go
16 application.
17 CHAIR FREEMAN: Okay. Does the Board
18 have any questions? None?
19 Well, as -- it's going to take that
20 long. So okay. Well, I think that's -- I think
21 that's -- I think that's good news. I mean, that's
22 one of the things that really for the continuance
23 was to see if there was anywhere we could make it
24 work on our right-of-way, and especially in areas
19
1 where some people are not wanting in theirs,
2 whatever, you know at the end -- so it is what
3 it is, right?
4 So, so that makes perfect sense. I am
5 going to go ahead and, since there's no questions,
6 go ahead and open it up to the public to
7 just -- just on the conversation of your request
8 for a continuance of five months. Okay?
9 So with that, I'll go ahead and open
10 it up to the public if anybody wants to come up and
11 discuss this continuance of this USR this morning.
12 MR. SIMMONS: Hello, my name is Ted
13 Simmons. I live at 414 County Road -- I'm
14 sorry -- 41494 County Road 13 in Weld County We
15 are one of the people who's under the eminent
16 domain proceedings.
17 And I think as far as the continuance
18 goes, I would like for the commission to ask the
19 planners to look more -- in more detail at north of
20 Highway 14. Highway 14, County Road 13, the road
21 there for all the way up until the pipeline is
22 currently proposed to come into Weld County.
23 The vast majority of that is gravel
24 road, very few utilities, and I have no idea why
20
1 that would not have been considered for the use of
2 the right-of-way in that area, other than the
3 possibility that they've already secured some of
4 the easements and they have the rest of the
5 easements in that area that are under eminent
6 domain threat and they want to continue that
7 process.
8 So I just want to ask the commission
9 to -- to direct the planning committee and Thornton
10 to look in more detail at that, because it seems
11 like a prime location for using the right-of-way.
12 CHAIR FREEMAN: Okay. Thank you.
13 Anybody else from the public? Yes, sir.
14 MR. MALLORY: My name is Dave Mallory.
15 I live at 7543 County Road 16. My property is on
16 the northeast corner of County Road 16 and 17. I'm
17 the 80 -foot guy from the last meeting.
18 I haven't had any communications with
19 the City concerning moving that pipeline closer to
20 Road 17. And I also am concerned about -- about
21 the pipeline not being sealed from my irrigation
22 water. I'm concerned that my property has three
23 different layers of soil -- topsoil, a sand layer,
24 and a clay layer -- and my irrigation is kind of
21
1 held up in the sand by the clay. If they violate
2 that clay layer --
3 CHAIR FREEMAN: So -- and I get all of
4 that, and that's all stuff that we'll actually have
5 a conversation about when we actually hear the
6 case. So really today, it's just are you in
7 support or not in support of the continuance so
8 that they can continue to look at this public
9 right-of-way?
10 MR. MALLORY: I would support
11 continuing to look at it.
12 CHAIR FREEMAN: Okay. Thank you.
13 MR. MALLORY: I'm just confused that
14 they're not including my property in that --
15 CHAIR FREEMAN: In that part. Okay.
16 All right. Thank you.
17 MR. MALLORY: Thank you.
18 CHAIR FREEMAN: Okay. Anybody else
19 from the public?
20 MS. HICKS: I think one of the biggest
21 questions --
22 CHAIR FREEMAN: Please state your name
23 and address.
24 MS. HICKS: Oh, I'm sorry. My name is
22
1 Rebecca Hicks. I live in Evergreen, Colorado. And
2 my daughter's a fifth generational owner of farm in
3 Johnstown.
4 And I'm really concerned. We hear
5 that they've looked at four miles. We are looking
6 at 35 miles of people who are having eminent domain
7 forced upon us. And I think that -- I think that
8 this is an effort, and I applaud you for trying.
9 There are 35 miles of us individual landowners who
10 are really being threatened, and I think that that
11 needs to be addressed.
12 And I'd really appreciate it if you'd
13 let me read my statement, because I think this is
14 something that needs to be heard, and we all need
15 to be reminded why we are here today. So I ask
16 your indulgence if I can just read a quick
17 statement to you.
18 CHAIR FREEMAN: Is it in regards to
19 whether we continue the case or not?
20 MS. HICKS: I think it is, because to
21 me, this is a bigger issue, and we keep losing
22 sight of what the real issue is here. And it is
23 our private property. And it's things that are
24 inherent to every one of us in here, is our
23
1 ownership. And to say, okay, we're going to take
2 care of four miles, when there's 35 miles of us
3 being impacted on this.
4 I think it's time that we hear and
5 kind of have it oct for the record a little bit
6 straight what happened at the Planning Commission
7 hearing, what has happened here in this room. And
8 I'd just like everybody to kind of understand where
9 some of us are coming from.
10 CHAIR FREEMAN: Okay. Go ahead and
11 make your statement.
12 MS. HICKS: Thank you very much.
13 At the August 26th Board of County
14 Commissioners meeting, many of the facts and dirty
15 secrets of Thornton's motive and Enron tactics
16 started to come to light.
17 The Weld County Planning Commissioners
18 on July 15 voted 7 to 0 in a resounding and
19 emotionally charged decision to deny Thornton's
20 1041 permit application. They defended private
21 property rights, the welfare of Weld County
22 citizens, and stood strong and united in their
23 resolve to preserve the heart and soul of this
24 community.
24
1 Wisely, they stated that public domain
2 right-of-way easements should be considered.
3 Thornton's representative blatantly declared at
4 that meeting that they were following the Board of
5 County Commissioners' instructions to use private
6 property and not to use established county public
7 utility easements.
8 This board clearly did not mandate
9 this false narrative. Commissioner Kirkmeyer
10 further exposed Thornton's evil, selfish intent by
11 making us aware that Thornton would have to pay
12 transmission fees to Weld County for the use of
13 county easements. Private property owners are
14 being offered a pittance of what their property is
15 worth and no transmission fees.
16 Thornton has relentlessly been
17 stealing private property into perpetuity by
18 slamming landowners into submission with their
19 ruthless threats, false claims, and lawsuits. This
20 illegal and devastating land grab under the guise
21 of eminent domain is an unconscionable ploy to
22 force this board into rubber stamping their 1041
23 permit application and to void any financial
24 benefits to Weld County.
25
1 Thornton knew, when they acquired the
2 water, that there was no deeded method of
3 transporting the water for this proposed water
4 park -- their proposed water park and an
5 ever-growing construction of millennial kennels.
6 They are making their greed and abhorrous
7 (phonetic) our problems and blatantly robbing us of
8 our private properties and our welfare and our
9 future determination.
10 It is burdensome for Weld County and
11 inconvenient for the employees to have to take on
12 the validity and possible solutions to Thornton's
13 claims and problems. I am asking our public
14 servants to take on these challenges that are
15 becoming insurmountable obstacles to the individual
16 landowners and find opportunities and ways to right
17 these incredible wrongs.
18 We have heard how Thornton has crossed
19 the T's and dotted the I's in their
20 fill -in -the -blanks permit application. But
21 crossing the T's and dotting the I's doesn't make
22 the words or the outcome right.
23 I was told early on that this was
24 essentially a done deal, that the county didn't
26
1 want a costly lawsuit, and that the little guys,
2 the private landowners, were essentially being
3 sacrificed. There are, however, much bigger
4 pictures and issues at stake for all of us, for our
5 county, our state, and our nation. In the current
6 times of darkness and uncertainty, there are still
7 principles and natural laws worth fighting for.
8 Since the signing of the Magna Carta,
9 June 15, 1215, humanity and democracies have hailed
10 and defended the natural, essential, and inherent
11 right of acquiring, possessing, and protecting
12 property. Our founding fathers believed that
13 private property and liberty are intertwined, and
14 that one of the principle necessities of government
15 is securing and safeguarding of natural property
16 rights.
17 The mother of my daughter's business
18 partner and farmer once told me that the dirt of
19 the land courses through her son's veins. Her
20 32 -year -old son and my 34 -year -old daughter are
21 generational owners and stewards of this land. It
22 is in their DNA that private property is a sacred,
23 inalienable, and natural right, and they are
24 responsible to the land and its precious bounty.
27
1 They are honoring their heritage.
2 I am asking you to please preserve and
3 fight for these rights, for them, future
4 generations, and for the very heart and soul of
5 Weld County. I am asking you to be -- and I
6 quote - "A shining city upon a hill whose beacon
7 light guides freedom -loving people everywhere."
8 Don't let Thornton dictate their
9 unwarranted demands to Weld County. Don't let them
10 establish dangerous precedents condemning Weld
11 County private property for their selfish,
12 municipal wants.
13 Don't allow valuable transmission fee
14 dollars to wash away by allowing Thornton to
15 egregiously steal private property. I'm asking to
16 please do what is right, to pick up the mantle.
17 For if not you, who? If not you, who? Thank you.
18 CHAIR FREEMAN: Thank you. Okay. All
19 right. Okay. Anybody -- any other public input?
20 MS. WEINMEISTER: Hi. I'm Kathy
21 Weinmeister, 5901 Sacagawea Way, Loveland,
22 Colorado, and I'm here representing Zeiler Farms,
23 Incorporated, which lies along Highway 34 and
24 County Road 13.
28
1 I don't know whether this is going to
2 come up again later or whether the portion that you
3 addressed, sir, was the only portion that was
4 addressed as far as going into the County Road.
5 But what we'd like is to propose that the City of
6 Thornton go immediate, at least along County Road
7 13 as it crosses our property, following the
8 Anadarko/Occidental pipeline easement. And most
9 easements can be shared if it -- if they won't put
10 it in the county road, which of course is our
11 preference, that they stay totally off of our
12 property.
13 But anyway, the easement that could be
14 shared -- sorry, my tongue's getting in my
15 way -- partially with the Thornton pipeline, and
16 then ultimately again with the northern integrated
17 supply line -- which apparently is coming down the
18 pipe right behind this, another headache for us to
19 address.
20 These shared easements reduce at least
21 by a third or two -fifths the total width of
22 combined invading easements required on our private
23 line if we can't get this moved to County Road 13.
24 And that was not addressed. I don't know whether
29
1 that's further down in the discussion today or not.
2 But we would definitely like to see it
3 go into County Road 13 or else go -- if they have
4 to invade our property, at least go directly down
5 County Road 13 on our property, rather than
6 zigzagging across it and affecting part of our
7 commercial ability to address Highway 34, because
8 our property is the corner of 34 and Highway 13.
9 CHAIR FREEMAN: Okay. So that being
10 said, you're -- it sounds like you would be in
11 support of the continuance today so that they can
12 continue to look at this route and where it can go?
13 MS. WEINMEISTER: Yeah, if they'll
14 actually look at it, I would appreciate that.
15 CHAIR FREEMAN: Yeah. Okay.
16 MS. WEINMEISTER: Thank you very much.
17 CHAIR FREEMAN: Thank you. Ma'am,
18 come on up. I know you've attempted three or four
19 times. That's what you get for sitting -- that's
20 what you get for sitting in the back of the room.
21 Other people get to beat you to the mic.
22 MS. SATER-RICHARDSON:
23 (Indecipherable.)
24 CHAIR FREEMAN: There you go. Go
30
1 ahead and please state your name and address.
2 MS. SATER-RICHARDSON: I'm Rashelle
3 Sater-Richardson. I live at 10879 County Road 17.
4 I'm part of a group that's just left
5 out when you look at the 4.8 miles, and I'm curious
6 as to who determined the 4.8 miles? Because this
7 is almost kind of -- I'm sitting back there
8 thinking, this is like that crazy book Animal Farm,
9 all pigs are created equal, but some are more equal
10 than others.
11 And I think all county people should
12 be treated the same. If you're going to give some
13 of them the opportunity to be in the right-of-way,
14 then we should all have that opportunity.
15 CHAIR FREEMAN: Well, and I really
16 think what -- I really think where that was at is
17 we were having Public Works look and see
18 where where we actually could possibly put it in
19 the right-of-way. I think they'll continue
20 to -- we'll continue to examine, and if there's
21 some others.
22 But that was really, the short
23 timeframe that they had, can you come back, is
24 there some of this that can go in our right-of-way?
31
1 And if there is, then let's give everybody the
2 opportunity to study this, figure out where it is.
3 And if we can get more of it in the right-of-way,
4 I'm certain that Public Works is willing to look at
5 that if there's a way to get more in the right -of -
6 way. So we'll continue to look at that.
7 So that being said, I'm assuming that
8 you're also in favor of the continuance?
9 MS. WEINMEISTER: I am in favor of the
10 continuance, but I also -- I would like to request
11 that you check and see how many miles have been
12 obtained already through eminent domain or where
13 it's in place, because that will give your Public
14 Works people a better idea of what they need to
15 look at.
16 CHAIR FREEMAN: Okay.
17 MS. WEINMEISTER: All right. Thank
18 you very much.
19 CHAIR FREEMAN: Thank you. All right.
20 Is there any other public input? Yes, come on up.
21 MR. WIND: I'm Frank Wind. I live at
22 8276 Blackwood Drive, Windsor. I own property on
23 roads -- in Sections 17 and 31. And they went
24 through eminent domain. Basically I was threatened
32
1 by eminent domain. We didn't settle through
2 eminent domain. We made a settlement with
3 Thornton, but I just wanted the commissioners to
4 know that the judge gave Thornton the permission to
5 go to eminent domain on our property.
6 CHAIR FREEMAN: Okay.
7 MR. WIND: So I basically have come to
8 inform you that you're not the only ones that are
9 making these decisions.
10 CHAIR FREEMAN: Right. I --
11 MR. WIND: And they're already in the
12 process of running pipeline in mail -- a mile and
13 three-quarters of my property, so you know how many
14 feet that is.
15 CHAIR FREEMAN: Which would be in the
16 city limits of somewhere.
17 MR. WIND: Yeah.
18 CHAIR FREEMAN: Of which that's not
19 in --
20 MR. WIND: Well, it's in Johnstown,
21 but I just want to let you know that -- how this
22 came about.
23 CHAIR FREEMAN: Right.
24 MR. WIND: And it came basically
33
1 because there's a threat of eminent domain, which I
2 didn't want to go through because it's expensive to
3 begin with.
4 CHAIR FREEMAN: Right.
5 MR. WIND: And just to make a
6 settlement with Thornton probably cost me $15,000
7 on lawyers. So --
8 CHAIR FREEMAN: So are you in support
9 or are you in favor or opposed to the
10 continuance today to continue to look at this?
11 MR. WIND: Well, I have no say because
12 mine's already --
13 CHAIR FREEMAN: You're already done.
14 Okay. All right. Thank you.
15 MR. WIND: All right. Thank you.
16 CHAIR FREEMAN: Yep. Okay. Is there
17 any other public input this morning? Okay. Seeing
18 none, I'll go ahead and bring it back to the Board
19 for any -- Commissioner Ross, did you have a
20 question for staff or for the applicant?
21 COMMISSIONER ROSS: For the applicant.
22 CHAIR FREEMAN: Okay. If you want to
23 come back up, Mark.
Commissioner Ross.
24 COMMISSIONER ROSS: Thank you,
34
1 Mr. Chair.
2 Thank you again for coming forth
3 today. I appreciate you working with staff
4 identifying some areas for use of county right -of -
5 way potentially.
6 I'll go back to my question I asked
7 you couple of weeks ago: What percentage are you
8 at through contractual, I want to say agreement, on
9 this pipeline versus condemnation takings on
10 acquiring your right-of-way for the pipeline?
11 MR. KOLEBER: And I apologize,
12 Commissioner Ross, I didn't bring those statistics
13 with me today. Again, I thought this was going to
14 be about the continuance. So I apologize. I
15 didn't bring those statistics with me.
16 COMMISSIONER ROSS: Yeah, I'm going to
17 get back to it, and this frustrates me, I'll be
18 quite honest with you. I requested it last time.
19 You didn't have it available. Now, if we're
20 looking at a potential continuance, this will be
21 past my term as County Commissioner if we go out
22 the five months. And I do go back to there is a
23 sound difference in the two in how we acquire those
24 rights -of -way, and Weld County residents, you know,
35
1 I believe in their personal property rights.
2 And so if you don't mind, I would like
3 to get that information somehow, because I think it
4 is very pertinent to this situation as we address
5 this.
6 CHAIR FREEMAN: Okay.
7 COMMISSIONER KIRKMEYER: IS it
8 pertinent to your --
9 CHAIR FREEMAN: Whether you vote
10 COMMISSIONER ROSS: -- today on
11 whether the continuance or not?
12 COMMISSIONER KIRKMEYER: Yes, thank
13 you.
14 COMMISSIONER ROSS: You know, it
15 almost is, County Commissioner Kirkmeyer. I --
16 COMMISSIONER KIRKMEYER: Because I
17 would like to know the information as well. So
18 maybe -- do you have that information that you
19 could call someone?
20 MR. KOLEBER: I'd have to -- I don't
21 know if somebody can get into my files to look at
22 that.
23 COMMISSIONER MORENO: Would you like
24 to recess for a time?
36
1 COMMISSIONER KIRKMEYER: Let's recess
2 for ten minutes and see if he can go find that
3 information.
4 CHAIR FREEMAN: Okay.
5 COMMISSIONER MORENO: Just for ten
6 minutes?
7 COMMISSIONER KIRKMEYER: Commissioner
8 Ross asked that.
9 MR. KOLEBER: I'll give it a try.
10 CHAIR FREEMAN: All right. We will
11 take a 15 -minute recess.
12 MR. KOLEBER: Just before we do the
13 recess, I just want to make sure I'm addressing
14 your question. What's -- the question is just
15 precisely how many we've acquired by eminent
16 domain?
17 COMMISSIONER ROSS: I want to know a
18 percentage of where you're at as far as your
19 pipeline length that we have, okay, total, roughly.
20 MR. KOLEBER: Uh-huh.
21 COMMISSIONER ROSS: I understand
22 obviously there can be some variations.
But where
23 you're at as far as percentage of acquiring that
24 right-of-way over your total length; and then of
37
1 that percentage,
2 acquired through
3 acquired through
where you're at, whether that was
eminent domain or whether that was
completed contractual agreements,
4 I guess, with landowners.
5 MR. KOLEBER: And there's a number
6 that we --
7 CHAIR FREEMAN: Haven't acquired yet.
8 So --
9 MR. KOLEBER: Well, there's a number
10 that we haven't acquired, but there's also a number
11 that we filed eminent domain, but some of -- I
12 don't want to put a statistic on it without
13 checking my numbers. But there are a number of
14 those acquisitions where the property owner didn't
15 have an issue with the location or the existence of
16 the pipeline, it was the value.
17
And so we settled on getting immediate
18 possession voluntary, immediate possession on those
19 parcels. The value is still either being
20 negotiated or will go to a valuation hearing. How
21 would you like me to consider those situations?
22 COMMISSIONER ROSS: Do you think it
23 would be appropriate?
24 COMMISSIONER ROSS: I would like to
38
1 know -- I would like to know how many of those
2 cases there are. I think that would be
3 appropriate.
4 COMMISSIONER KIRKMEYER: Uh-huh.
5 MR. KOLEBER: Okay.
6 COMMISSIONER KIRKMEYER: Even just a
7 threat of eminent domain.
8 COMMISSIONER ROSS: Just a threat of
9 eminent domain was applied.
10 COMMISSIONER KIRKMEYER: Some of us
11 have received letters.
12 CHAIR FREEMAN: Okay. So -- all
13 right. So you think -- you think 15 minutes, if we
14 take a break until -- give you -- you've got
15 somebody you could call and get --
16 MR. KOLEBER: I don't know.
17 CHAIR FREEMAN: Well, why don't we do
18 this.
19 MR. KOLEBER: That's what concerns me,
20 CHAIR FREEMAN, is I -- the person that I've shared
21 my spreadsheet with recently, I don't know if
22 they're in the office today.
23 CHAIR FREEMAN: Okay.
24 COMMISSIONER KIRKMEYER: Let's just
39
1 take a five-minute break, and if he can get it,
2 then you can keep talking. I mean, that way we can
3 still come back. If you say 15, we can't come back
4 for 15.
5 CHAIR FREEMAN: All right. We'll take
6 a -- here's what we'll do. We'll take a break
7 until -- it's 10:54. We'll take a break until
8 11:00. And if we need more time, we'll go ahead
9 and take it. But that way
10 MR. KOLEBER: Okay.
11 CHAIR FREEMAN: -- if we can't, then
12 there's no sense of taking any more time.
13 MR. KOLEBER: Thank you.
14 CHAIR FREEMAN: Thanks. We'll take
15 five.
16 (Eleven -minute recess taken.)
17 CHAIR FREEMAN: All right. We'll go
18 ahead and come out of recess and reconvene. So go
19 ahead, Mark.
20 Okay. If I can have everybody's
21 attention, we're going to go ahead and start.
22 Okay.
23 MR. KOLEBER: And my apologies,
24 Commissioners. With this COVID and everything,
40
1 working from home, I've been carrying a flash drive
2 back and forth, and that's why people don't have
3 access to my files, and I apologize for that.
4 But I had shared it back in early
5 August with one of my co-workers. We went back and
6 looked at that. And at that time, it appears that
7 we had filed on approximately 39 cases. That's
8 what we counted up. And what I don't know if
9 whether that's all of Weld County or just
10 unincorporated Weld County.
11 Assuming it's just unincorporated Weld
12 County, that would put it at about 25 percent that
13 we filed eminent domain cases on. Again, a lot of
14 those have been -- the immediate possession have
15 been settled. We've had three court hearings so
16 far where we had the court order possession.
17 But other than that, everything we
18 went through so far, the V (phonetic) possession
19 was stipulated to, don't (indecipherable). Don't
20 have any evaluation hearings yet, and there have
21 been a number of our cases after we filed that we
22 fully settled everything.
23 So I wish I could give you more
24 precise statistics, but that's the best I could do
41
1 on this short notice, and my apologies.
2 COMMISSIONER ROSS: Thank you.
3 CHAIR FREEMAN: No, that's helpful.
4 Okay. So Commissioner Kirkmeyer.
5 COMMISSIONER KIRKMEYER: Thank you.
6 Mr. Chairman, I am prepared to make a motion to
7 continue this matter to May 5th at 10:00 a.m.,
8 2021. And the reason I'm saying May 5th and added
9 on a few months, I understand that the applicant
10 and both our staff said at least three to five
11 months type period, or several months --
12 CHAIR FREEMAN: They asked for five,
13 yes.
14 COMMISSIONER KIRKMEYER: -- five,
15 yeah -- is because I think the message that the
16 county wasn't willing to put the pipeline in the
17 county road right-of-way was probably a bit
18 challenging, if not confusing.
19 And so now here we are considering
20 that putting it -- going ahead to put it into our
21 right-of-way and put in provisions for that. I
22 would like -- for other areas, I would like to
23 direct staff to work with Thornton to see if there
24 are other areas that we can put the pipeline above
42
1 and beyond the 4.8 miles to see if we can do that,
2 because I am an equal opportunity Commissioner, and
3 I appreciate the statements with regard to private
4 property rights.
5 And having had lived out in a -- you
6 know, I live in the unincorporated part of the
7 county, and having to deal with pipelines, I can
8 understand the issues that are out there. And I
9 want to make sure that everybody has the time,
10 including Thornton and the county, have the time to
11 look for as many possible places to put the
12 pipeline in our right-of-way, and I want to also
13 put within the motion that we would direct staff to
14 do that.
15 I just think it's important. We
16 started off maybe -- or at least Thornton started
17 off under a condition than now the Board is
18 essentially lifting, and I think we want to make
19 sure that everybody has the opportunity to have the
20 needs of their private property addressed in a way
21 that Thornton has the ability then to transmit
22 their water to their city.
23 That's what I'm thinking, but I'm open
24 to hearing other suggestions.
43
1 CHAIR FREEMAN: Commissioner James.
2 COMMISSIONER JAMES: I would agree
3 with Commissioner Kirkmeyer. If you can put it in
4 a county road, do put it in a county road. I mean,
5 implicit instruction from one of five (phonetic).
6 If you can, plea3c do.
7 CHAIR FREEMAN: So are you seconding
8 her motion?
9 COMMISSIONER JAMES: She hasn't made
10 it yet.
11 COMMISSIONER KIRKMEYER: I wanted to
12 make sure you're all okay with that before I make a
13 motion.
14 CHAIR FREEMAN: Oh, I'm sorry. You
15 were prepared to, that's right.
16 COMMISSIONER KIRKMEYER: Yes.
17 CHAIR FREEMAN: So -- and I -- you
18 know what? And I would agree, and I -- as I stated
19 at the last continuance, I take a little bit of the
20 responsibility for the confusion in that because I
21 said we would rather that -- we would rather if
22 it's going to be there that the landowner actually
23 gets paid. That's where I'm at. That's where I've
24 always been.
44
1 Also, having been in unincorporated
2 Weld County, it impacts me just about as much
3 whether it's on my property or in the right-of-way
4 that I'm still farming. And so my suggestion at
5 the time was as a landowner, I would rather get
6 paid than not get paid if the pipeline is going to
7 be there.
8 My fault for probably the confusion of
9 saying it couldn't go in our right-of-way. That
10 was -- I didn't mean to -- I didn't mean that to
11 come across the way that it did. I said that
12 before, I'll repeat that again this time.
13 So that's -- that's kind of where
14 we're at. And I would agree with Commissioner
15 Kirkmeyer's suggestion of eight months to give
16 everybody the opportunity to look at whatever
17 opportunities there are.
18 COMMISSIONER ROSS: That's a lot of
19 opportunity.
20 COMMISSIONER KIRKMEYER: Right?
21 CHAIR FREEMAN: And you had
22 requested you had requested five, and so we're
23 just adding a little more time to that to be able
24 to have you, have Thornton, and our Public Works
45
1 staff continue to look at this.
2 COMMISSIONER KIRKMEYER: And property
3 owners.
4 CHAIR FREEMAN: And the -- so --
5 MR. KOLEBER: Can I ask a clarifying
6 question?
7 CHAIR FREEMAN: Sure.
8 MR. KOLEBER: Our five -month proposal
9 was based on our intent that we're not revisiting
10 easements that we've already acquired.
Is that
11 consistent with your direction to go back and look
12 at right-of-way where it's possible where we
13 haven't acquired easements?
14 UNKNOWN FEMALE: No, please no.
15 CHAIR FREEMAN: Hold on.
16 COMMISSIONER KIRKMEYER: My point
17 was -- I appreciate that you vacated your immediate
18 possession deals, and it sounds like you still have
19 some folks who are under -- that you don't have
20 easements with that you're under immediate -- you
21 know, eminent domain process with.
22
And that is helpful, and it would be
23 my direction for staff to work with the
24 department -- to work with Thornton to look at any
46
1 opportunity anywhere, anyplace, whether it's
2 already been -- you've already tried to work with
3 the landowners.
4 I mean, I'm sure there are at least a
5 couple landowners probably in this room that are
6 willing to give you your check back. So I
7 think -- I'd like for you to look everywhere along
8 that 35 -mile line. So that's where I'm at.
9 COMMISSIONER JAMES: And I say
10 this -- Mr. Chair, I'm sorry, and thank you.
11 I say this with due respect: Just
12 because you can, doesn't mean you should. There is
13 a matter of what this is and what it's not. Just
14 because you did doesn't mean you should have. If
15 there is a viable alternative that respects the
16 right of that property owner, take it.
17 CHAIR FREEMAN: So, and I would -- and
18 I'm okay with that, but on the other side of that,
19 if you've got somebody that actually, as I stated
20 in the beginning, that wanted it -- that wanted to
21 get paid for the easement --
22 COMMISSIONER KIRKMEYER: Then that's
23 fine.
24 CHAIR FREEMAN: -- then certainly,
47
1 Don't take my money back.
2 COMMISSIONER KIRKMEYER: And I
3 apologize for interrupting, but I would say for the
4 woman who came up for the -- the woman who came up
5 and spoke with regard to County Road 13 zigzagging
6 across her property, you know, I used to farm out
7 in the unincorporated (indecipherable) --
8 CHAIR FREEMAN: No, I know.
9 COMMISSIONER KIRKMEYER: -- part of
10 the county, and you know, that's just a pain in the
11 butt, quite frankly. And my property also is
12 adjacent to Colorado Boulevard, which is County
13 Road 13. And you know, it does start disrupting
14 your ability to develop or market your property as
15 commercial property.
16 So that's where I'm at. Yes, so my
17 answer to your question is Yes, it's all of the
18 above. I want you to look at every possible place
19 that we can to put that pipeline into a county
20 right-of-way.
21 So -- are you okay with me making a
22 motion?
23 COMMISSIONER MORENO: I'll support it
24 COMMISSIONER KIRKMEYER: Okay. All
48
1 right. Mr. Chairman, I would move that we continue
2 this matter until May 5th at 10:00 a.m. with the
3 direction so given to our staff.
4 COMMISSIONER JAMES: Second.
5 CHAIR FREEMAN: It's been moved by
6 Commissioner Kirkmeyer, seconded by Commissioner
7 James to continue USR18-130 until May 5th, 2021 --
8 COMMISSIONER KIRKMEYER: Yes, it's a
9 nice year.
10 CHAIR FREEMAN: -- at 10:00 a.m. Any
11 further discussion?
12 COMMISSIONER KIRKMEYER: No.
13 CHAIR FREEMAN: Okay. All in favor?
14 MULTIPLE SPEAKERS: Aye.
15 CHAIR FREEMAN: Opposed? Motion
16 carries.
17 Thank you, and we are adjourned.
18 (End of audio recording.)
49
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. COLLINGS
Notary Public
State of Colorado
Notary ID # 20014028792
My Commission Expires 09-14-2021
RE CA J. COT IN S
Registered Professional Reporter
Colorado Realtime Certified Reporter
Notary Public
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,
September 16, 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 6th day of November, 2020.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ORIGINAL ( )
CERTIFIED COPY (y)
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2021
November 16, 2020
O
II
a
a
O
U,
Terri Dunnington, Paralegal
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
N
rR
a
N
CLERK TO THE BOARD
PHONE: (970) 400-4226
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
Y, COLORADO 80632
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D Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
❑ Adult Signature Required
❑ Adult Signature Restricted Delivery $
$
Postage
Total Postage and Fees
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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
• 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ter It V L \n -1-O3,
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Thorn -to,-,, C D $oaag
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3
COMPLETE THIS SECTION ON DELIVERY
A. Signature
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B. R ce'ved by (Printed Name)
ECAgent
O Addressee
C. D t Gyivery
//
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: g No
2. Article Number (Transfer from service label)
7017 1450 0000 9675 2804
3. Service Type
El Adult Signature
DI Adult Signature Restricted Delivery
Certified Mail®
❑ Certified Mail Restricted Delivery
D Collect on Delivery
El Collect on Delivery Restricted Delivery
❑ Insured Mail
❑ Insured Mail Restricted Delivery
(over $500)
❑ Priority Mai! Express®
❑ Registered MaiITM
❑ Registered Mail Restricted
Delivery
❑ Return Receipt for
Merchandise
❑ Signature ConfirmationTM
O Signature Confirmation
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
FOR SECURITY PURPOSES, THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING
I.
WELD COUNTY GOVERNMENT REVOLVING FUND
1150 O Street Room 107
Greeley, CO 80631
PAY
TO THE _
ORDER OF _
C;11
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to ktinoat.-D Stgsai PoWtas 4
WELLS FARGO BANK, N.A.
GRAND JUNCTION, CO
MEMO: tttpo≤d- Rta (Zia-01F°Tra.-,saript)
7/1020
DATE << II k (lAZU
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JIoIJARS
AP
AUTHORIZED SIGNATURE
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:
$ 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
$ 280.00
$ 795.00
($1,065.00)
Credit Due to City
$ 270.00
HE19-48.B (7/15/20) Time
Date
Logged
HE 19-48.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
i Bill To
I Esther Gesick
egesick(c�r?weldgov.com
Description
3 hearings - writing time
7/15/2020 Hearing
8/26/2020 Hearing
9/16/2020 Hearing
Thank you for your business.
182-1347267 - Reporter Beckie Collings
Invoice
DateInvoice #
10/30/2020 I 212
Terms
Net 30
Amount
106.25
40.00
325.00
220.00
CITY OF THORNTON, 9500 Civic Center Dr., Thornton, CO 80229
DESCRIPTION
P.O. NUMBER
791850
INVOICE NUMBER
NET AMOUNT
Check No. - 791850
Check Date -10/29/2020
10/13/2020
Stub 1 of 1
P.O. Number
TRANSCRIPT FEES CR140969 1,065.00
RECE#VEU
NOV Q 4 2"q
WELD UUUJV
COMMISSIONERS
1,065.00
City of
11,:a‘e" Thornton
9500 Civic Center Drive
Thornton, Colorado 80229-4326
(303) 538-7229
PAY
TO THE
ORDER
OF
WELLS FARGO BANK GRAND JUNCTION
r CHECK DATE " CHECK NOM
10/29/2020 ' 00791850
el 'it
DOLLARS
ONE THOUSAND SIXTY FIVE AND 00/100********************QA*1801DAY.******************
WELD COUNT✓ CLERK
1150 O ST
GREELEY CO 80632
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No 91208
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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
Service type: Standard Overnight
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 SiiipManager at fedex.com.
Please Note
FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value,
pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including
intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of
$100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments
and other Items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details,
The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable
FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated.
https://www.fedex.com/shipping/shipAction.handle?methodoContinue 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 Gesicic 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@thorntonao.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 [weldcounty.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 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 o>fierwise 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.dunnincton aC�thorntonco.gov
3
City of
Thornton
Hello