MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, JANUARY 25, 2001

The Board of County Commissioners of Boulder County met in regular session in full conformity with the law and resolution of said Board at the regular place of meeting in the Office of the Board of County Commissioners, Third Floor, Courthouse, Boulder, Colorado, on Thursday, January 25, 2001.

The meeting was called to order at approximately 9:05 a.m., by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

9:00 a.m.

Land Use Matter:

Public Hearing: Docket #LU-00-26 (Russell LU); Limited Impact Special Review for grading more than 500 cu.yds. of material for a proposed road, including a Site Plan Review for the construction of a 3,578 sq.ft. residence (located at 5144 Longmont Dam Road, approximately five miles west of Lyons and 1 2 miles north of County Road 80/Longmont Dam Road, in Section 8, T3N, R71W): (9:05 - 10:07) (232, Tape No. 7/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Greg Oxenfeld, Land Use Department

Larry Matel, Transportation Director

Anita Riley, Transportation Department

Don Wojcik, Parks and Open Space Department

Clark Misner, Transportation Department 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: None 

ACTION 

Commissioner Stewart: AI move approval of Docket #LU-00-26, Russell limited impact review, including recommendations of Land Use and Transportation staff, and with submittal of a new driveway plan that can meet County standards and for approval by County Transportation staff, and reduction of width to minimize the impact of the road, as discussed, but holding open the improvement of the access road between this driveway and the Longmont Dam Road. And that this portion be tabled until February 15, 2001, at 10:00 a.m.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1280) 

[There followed a general discussion of access standards and their application in situations similar to this.] 

11:00 a.m.

Legislative Update: (11:00 - 11:35) (2594, Tape No. 7) 

Presenters: Carolyn Dulchinos, Policy Analyst 

The following items of legislation were presented for the Board=s consideration: HB 1029, SB10, SB12, SB13, SB14, HB 1092, HB 1165, HB 1135, HB1106. 

The Board of Commissioners indicated support or to monitor leaning towards support for the following legislation, either by formal motion or by consensus: HB1029, SB12, and HB1106. (2795, 2930, 3525) 

ACTION 

The Board of Commissioners, by motion or consensus, indicated opposition to the following legislation: SB10, SB13, SB14, HB1092. (2795, 2838, 3063, 3091, 3110). 

Further:

In the interest of time and volume of legislation, the Board asked staff to develop more of a conceptual analysis of proposed legislation to provide a framework for decision-making on legislative matters. 

11:30 a.m.

Land Use Matter:

Public Hearing: Docket #SE-00-38 (Stengel SE); Subdivision Exemption to restore the two parcels considered combined by deed for estate planning purposes in 1996 (located at 6685 Baseline Road, in Section 35, T1N, R70W): (11:38 - 11:55) (3564, Tape No. 7/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Lisa Bloom-Pruitt, Land Use Department

William Stengel, applicant 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: Ron Doran, resident of the area 

ACTION 

Commissioner Danish: AI move approval of Docket #SE-00-38, Stengel subdivision exemption, with the conditions set forth by the County Attorney.@ Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4093) 

11:45 a.m.

Land Use Matter:

Public Hearing: Docket #SE-00-41 (Bruning CFLS); Subdivision Exemption for a Community Facility Lot Split to create two lots around existing structures and an outlot of open space for acquisition by the City of Boulder (located at 4917 Oxford Road, northwest of Oxford Road and Ouray Drive, in Section 21, T2N, R70W): (11:55 - 12:10) (4109, Tape No. 7/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Lisa Bloom-Pruitt, Land Use Department

John D=Amico, City of Boulder 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: None 

ACTION 

Commissioner Danish: AI move approval of Docket #SE-00-41, Bruning community facility lot split with the City of Boulder, as recommended by Land Use staff, with the additional condition that if a house is determined to be of historical significance, that any addition or modification to same shall be subject to historical review.@ Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4671) 

12:00 p.m.

Land Use Matter:

Public Hearing: Docket #SPR-00-191 (Black Hills Energy Gas Turbine);Site Plan Review for the construction of a 3,025 sq.ft. gas turbine (above grade= 3,025 sq.ft.) (located at 1800 North 63rd Street in Section 26, T1N, R70W) (Tabled from 12/07/00 & 1/04/01) (rescheduled from 1/30/01 at 3:00 p.m. to 1/25/01 at noon): (12:10 - 1:40) (4684, Tape No. 07, through 2200, Tape No. 07A(temporary)/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Todd Tucker, Land Use Department

Jim Borson, Public Service Company/Excel Energy

Joni Rix, Boulder County Health Department

Nick Phase, Public Service Company/Excel Energy

Boris Russen, ADCO Noise contractors

Henry Goldson, ADCO Noise contractors 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: Don Morse, 4547 Tanglewood Tr.

Marvin Bock, area resident

David Southwood, 1237 Ravenwood Rd.

Ricky Weiser, 4020 N. 75th St.

Scott Lachlin, Boulder Green Alliance 

ACTION 

Commissioner Stewart: AI move to hold an executive session for the purpose of receiving legal advice concerning this docket.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2034) 

Commissioner Danish.@I move adoption of Docket #SPR-00-191, Black Hills Energy Gas Turbine, as modified and committed to by applicant and this Board, and that between now and May, applicant will return with additional specifics concerning noise mitigation measures in response to issues raised by the neighborhood. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2170) 

2:00 p.m.

Land Use Matter:

Public Hearing: Docket #LU-00-15 (Lyons LU); Limited Impact Special Review for an agricultural accessory dwelling and a Site Plan Review for a 4,681 sq.ft. residence (above grade=3,683 sq.ft./finished floor area= 3,199 sq.ft.) (located at 6860 Nelson Road, east of North 63rd Street and west of North 75th Street, in Section 11, T2N, R70W): (2:15 - 3:00) (2200, Tape No. 07A (temporary)/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: David Callahan, Land Use Department

Don Wojcik, Parks and Open Space Department

Harley Lyons, applicant

Gail Lyons, applicant

Chet Dokesmeyer, architect 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: David Suitts, adjacent property owner

Ricky Weiser, 4020 N. 75th St

Tom Thorpe, 3815 

ACTION 

Commissioner Danish: AI move to table Docket #LU-00-15, Lyons limited impact special review, until February 13, 2001, at 10:00 a.m. (Business meeting).@ Commissioner seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3491) 

3:30 p.m.

Parks & Open Space Department:

Public Hearings on proposed acquisitions: (3:30 - 3:45) (3506, Tape No. 07A/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Mel Stonebraker, Parks and Open Space Department

Emy Brawley, Parks and Open Space Department

Ellen Flannelly, Parks and Open Space Department 

Present: Ben Pearlman, Assistant County Attorney 

1. Denzel Henry Fee Interest -- County currently owns a conservation easement over 80 irrigated acres of the Denzel Henry property on County Line Road 2 mile north of Oxford. County proposes creating a 12 acre lot around the existing farm house, which will be retained by the Henrys, and purchasing the fee interest in the remaining 68 acres: (3506) 

Speakers: None 

Commissioner Danish: AI move adoption of staff recommendations for acquisition of the Denzel Henry property fee interest.@ Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3599) 

2. Duck Lake Fee Interest -- County currently holds a donated conservation easement over 160 acres located approximately one mile north of Ward. County proposes to create two 7-acre lots around existing small cabins, with size restrictions of 1100 sq.ft. and 600 sq.ft., and purchase the remaining 146 acres in fee: (3604) 

Speakers: None 

Commissioner Danish: AI move adoption of staff recommendations for acquisition of the Denzel Henry property fee interest.@ Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3725) 

3. Forrest, Livingston and Naropa University Mining Claims -- County proposes acquiring a fee interest in various mining claims consisting of 5.13 acres, 17.76 acres and 10.3 acres respectively. The Forrest and Livingston claims are located near Klondike Mountain to the west of Nederland. The Naropa University claim is located south of the Baker Open Space along the Peak to Peak Highway, south of Ward: (3735) 

Speakers: None 

Commissioner Stewart: AI move adoption of staff recommendations for acquisition of the Forrest, Livingston and Naropa University Mining Claims.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3815) 

10:00 a.m.

(10:15 - 10:55)(1610, Tape No. 7/dual DAT/Counter Mode) 

OLD BUSINESS:

LAND USE ITEMS: 

1. Docket #SPR-00-194 (Rising Star); Site Plan Review for the construction of a 7,900 sq.ft. residence (above grade=5,900 sq.ft./below grade=2,000 sq.ft./finished floor area=4,600 sq.ft./unfinished floor area= 3,300 sq.ft.) (located at 6070 North 79th Street, in Section 6, T1N, R69W) (Tabled from 12/21/00): (1615, Tape No. 7) (30 min.) 

Presenters: Todd Tucker, Land Use Department

Barbara Silverman, Applicant

Adie Cito, landowner 

Commissioner Stewart: AI move to table indefinitely Docket #SPR-00-194, Rising Star, with direction to staff to continue processing the application with the following parameters: To site the house in the disturbed area as far south as possible and as low on the property as possible; to limit the house size to 5,000 square feet, including garage; for a berm to be built to buffer the visual impact; and for staff to work with applicant to meet these criteria; and that the plan be brought back for the Board=s approval.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1930)

NEW BUSINESS:

CONSENT ITEMS: 

2. Parks and Open Space: Resolution 2001-9, authorizing the transfer of 10 units of NCWCD water to the Becky property 

3. County Attorney:

a. Mechanics Lien Letter, Property Restriction Notice (Autrey property);

b. Mechanics Lien Letter, Property Restriction Notice, Deed of Conservation Easement in Gross/Parcel 4A, Deed of Conservation Easement in Gross/Parcel 4B (Tveten property);

c. IRS form 8283 (Clay donation of property) 

4. Contracts:

a. Telecom -- renewal of contract with Technology Plus for telecommunications consulting services (up to $40,000);

b. Solid Waste -- renewal of contract with Conservation Services for collection & disposal of non-hazardous liquid wastes (estimated $18,000);

c. Solid Waste -- renewal of contract with Town and Country Disposal for waste collection and cardboard recycling services ($31,363.20);

d. District Attorney -- renewal of contract with the University of Colorado and the County Health Department for a half-time alcohol diversion coordinator ($15,184 revenue);

e. Aging Services -- renewal of contract with the City of Broomfield for meal services to nutritionally at-risk seniors ($15,000);

f. Commissioners -- contract with Lehman Communications for advertising in the Daily Times-Call for 2000 ($15.19/column inch);

g. Transportation -- North 63rd Street Project easement agreement with Mountain Shadows Montessori School ($10.00) 

ACTION 

Commissioner Danish moved approval of Item Nos. 2 through 4. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2202) 

DISCUSSION ITEMS: 

Commissioners Matters: 

5. Personnel Actions: 

Presenter: Joe Heard, Human Resources 

The following exception personnel action was presented for consideration: Land Use request to hire new Wildfire Mitigation Coordinator at 2.3% above entry level based upon qualifications.

ACTION 

Commissioner Danish moved approval of Item No. 5. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2240) 

Elected Officials and Department Heads Matters: 

6. County Attorney=s Office: Issuer Certificate relating to the substitution of an alternate credit facility for the Cloverbasin Village Apartments Project Multifamily Housing Revenue Bonds, Series 1998: 

Presenter: Sarah Burt, Assistant County Attorney 

ACTION 

Commissioner Danish moved approval of Item No. 6. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2265) 

7. Parks and Open Space: Approval of 2001 capital outlay to purchase 3 computers approved for 2000 but not ordered in time ($3,051): 

Presenter: Ron Stewart, Parks and Open Space Director 

ACTION 

Commissioner Danish moved approval of Item No. 7. Commissioner Mendez seconded the motion. 

VOTE: STEWART, abstain; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2276) 

Board of Social Services Matters: 

The Board of County Commissioners convened as the Board of Social Services for the purpose of consideration of the following Item No. 8. Upon completion of consideration, the Board of Social Services adjourned and reconvened as the Board of County Commissioners. 

8. Social Services Department: Proposed Multiple County Agreement for Funding Child Welfare Services in Broomfield: 

ACTION 

Commissioner Stewart moved approval of Item No. 8. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2298) 

Administrative Matters: 

9. Scheduling and Communications: 

None 

Item Amended to the Agenda: 

10. Hearing Room sound system discussion: 

The Board expressed a need to proceed immediately with improvements to the hearing room sound system and suggested that staff observe certain other locations to gather information about getting the hearing room functional. 

Commissioner Danish moved that staff be authorized to proceed immediately to do whatever is necessary to improve the hearing room sound system so the public can easily hear testimony and participate in the public forums. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2590) 

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:45 p.m.

 Deputy Clerk to the Board

[Note: All documents referred to in these Minutes of Commissioners' Proceedings are on file and may be reviewed in the Office of the Boulder County Commissioners.]