HomeMy WebLinkAbout992573.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 25, 1999
TAPE #99-34
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, October 25, 1999, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of October 20, 1999, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on October 20, 1999, as follows: 1) A Site Specific Development Plan and Special
Review Permit#1241 for a Recreational Facility (Golf Course) in the A (Agricultural) Zone District, Eaton
Country Club; and 2) A Site Specific Development Plan and Special Review Permit#1245 for a Livestock
Confinement Operation (dairy) in the A (Agricultural) Zone District, Ray-Glo Holsteins, c/o Enviro Stock,
Inc. Commissioner Baxter seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added to the Agenda: Bids: 1) Present Management
Consulting Services for Clerk and Recorder Department Bid - Finance Department
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $424,754.09
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner
seconded the motion, which carried unanimously.
BIDS:
PRESENT MANAGEMENT CONSULTING SERVICES FOR CLERK AND RECORDER DEPARTMENT
BID - FINANCE DEPARTMENT: Mr. Warden presented the two bids received and stated they will be
considered on an emergency basis on Wednesday, October 27, 1999.
NEW BUSINESS:
CONSIDER 2000-2002 WELFARE-TO-WORK LOCAL PLAN AND AUTHORIZE CHAIR TO SIGN: Walt
Speckman, Director of Human Services, stated this is the second year of this program requesting
$330,167.46 to provide the workforce development option to Temporary Assistance to Needy Families
(TANF) clients, as well as non-custodial parents of TANF recipients. Commissioner Baxter moved to
approve said plan and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER GRANT AGREEMENT FOR CHILD HEALTHY HABITS PROJECT AND AUTHORIZE CHAIR
TO SIGN-COLORADO ACTION FOR HEALTHY PEOPLE:Mr.Speckman stated this Head Start Program
Grant will provide $10,000 for the term beginning October 15, 1999, and ending October 14, 2000.
Commissioner Geile moved to approve said agreement. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MEALS SERVED AT FREDERICK CENTER
AND AUTHORIZE CHAIR TO SIGN - BOULDER COUNTY ST. VRAIN SCHOOL DISTRICT RE-1J: Mr.
Speckman stated this is a standard agreement to serve meals in the Frederick Center. Commissioner
Vaad moved to approve said agreement. The motion was seconded by Commissioner Baxter, and it
carried unanimously.
CONSIDER REAPPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Geile moved
to reappoint Gerald Roth and Gene Inloes to the Extension Advisory Council, with terms to expire
November 1, 2002. Seconded by Commissioner Vaad, the motion carried unanimously.
PLANNING:
CONSIDER CONDITION OF APPROVAL#2.N OF USR #1217 - FAITH TABERNACLE CHURCH: Kim
Ogle, Department of Planning Services, stated he has been provided with an agreement; however, it has
not been signed by Faith Tabernacle Church. Danny Perdew, Pastor of Faith Tabernacle Church, stated
the agreement has not been signed because he does not agree the Church should be responsible for
paying $1,000 for the engineering review, which is more than it cost to draft the plan. He stated they met
with the ditch owners and came to an agreement; however, at 8:00 a.m. this morning, the ditch owners
called and stated they have added an additional term which states, "Existing ditch easement will not be
released, and existing open ditch will not be abandoned, closed or altered in any way until the new
underground ditch is completely constructed and approved by the ditch users." Pastor Perdew stated he
cannot agree to this term because grading must occur before the new ditch is installed. He submitted
letters from Eaton Grove Nursery, Ltd., and Kenney and Associates regarding landscaping. In response
to Chair Hall, Mr. Ogle stated he has a copy of the agreement. Commissioner Kirkmeyer was excused
from the hearing for Use by Special Review#1217;therefore, Chair Hall reviewed the situation concerning
Minutes, October 25, 1999 992573
Page 2 BC0016
Condition of Approval #2.n. Pastor Perdew stated the request to leave the existing ditch undisturbed is
not practical; added the review will cost more than the engineered design; and it will take three to four
weeks to complete. In response to Chair Hall, Pastor Perdew stated he does not agree to items #4 and
#7 of the proposed agreement. Commissioner Geile commented item#8 stated water must be available
May 1, through September 30; therefore, item #4 should not be an issue. Responding to Commissioner
Kirkmeyer, Pastor Perdlew stated the owners will have access for maintenance.
Gary Weiderspon, surrounding property owner, stated the attorney hired by David and Shannon Urano,
surrounding property owners, added this term to the agreement. He explained they want the new
easement in place prior to removing the existing ditch. He stated he is willing to have the construction
begin if the easement remains in place until the new pipe is complete to ensure a replacement ditch can
be made if the new pipe is not in place by next May. Following discussion by the Board, it was determined
to amend #4 to state, "Existing ditch easement will not be released until the new underground ditch is
accepted by the ditch owners." In response to Chair Hall, Mr. Weiderspon stated Ed Toms, Irrigation
Engineer, was selected to complete a standard engineering review. He stated Mr. Cope engineered this
plan and is a capable engineer; however, he does not specialize in irrigation. Mr. Weiderspon explained
the base cost will be $500 and may increase depending on the amount of time required. Mr. Weiderspon
stated Mr. Toms has expressed concern with the slope over the pipe, distances between maintenance
accesses, and root systems of item#4, and added he does not agree to paying the costs implied by item
#7, because they have paid to have the system designed and will be liable for any maintenance to the
system for two years. He reiterated that Eaton Grove and the Landscaping firm have no concerns with
the proposed landscaping. Pastor Perdew stated the pipe will be located eight to ten feet away from the
driveway and, in the event it is driven over and damaged, the church will be liable. He further stated the
City of Greeley will not waive the tree requirement; however,the pipe joints will be glued to avoid problems
with root damage. In response to Chair Hall, Mr. Barker stated Pastor Perdew is in agreement with all of
the terms, with the exception of items #4 and #7, and has agreed that the water will be made available.
Commissioner Kirkmeyer requested assurance that if roots cause damage to the irrigation system, the
church will be liable and will correct the situation. In response to Commissioner Baxter, Mr. Barker stated
the terms of the agreement do not need to be included in Condition of Approval#2.n; however, assurance
needs to be provided that water will be available. Pastor Perdew stated the Church will make any
necessary corrections to the system if the roots cause damage to the system. Mr. Weiderspon stated the
issues presented are standard requests of irrigation companies and cautioned the Board that its decision
to waive some of the requests may set a precedent in future developments. Chair Hall stated he does not
feel this decision sets a precedent. Commissioner Kirkmeyer moved to Find that Condition of Approval
#2.n has been met by Faith Tabernacle Church based on their willingness to agree to all of the items in
the proposed agreement with item #4 being amended to state, "Existing ditch easement will not be
released until the new underground ditch is accepted by the ditch owners,"and the deletion of item#7,with
the assurance that the trees and shrubs along the new ditch will not interfere with the irrigation system or
will be replaced. Commissioner Vaad seconded the motion. Commissioner Baxter commented this
agreement appears to address all of the concerns expressed by the surrounding property owners. The
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, October 25, 1999 992573
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: 11,41/W
1/W
4 i� .4) Dal K. Hall, Chair
Weld County Clerk to the Board
ti � p arbara . Kirkmeyer Pro-Te
Deputy Clerk to the Board
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Glenn Vaa&
Minutes, October 25, 1999 992573
Page 4 BC0016
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