MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, APRIL 12, 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, April 12, 2001.

The meeting was called to order at approximately 10:05 a.m., by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner 

11:00 a.m.

Legislative Update: (11:00 - 11:20) (788, Tape No. 23/counter mode) 

Presenter: Carolyn Dulchinos, Policy Analyst 

Staff presented the following legislation for consideration: Unnumbered draft bill concerning exension of stadium tax for development of mass transit on US 36; and SB214. The Board also heard an update on the growth bills. The following action(s) were then taken concerning specific legislative items: 

Commissioner Danish moved to oppose the unnumbered bill. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (885) 

Commissioner Stewart moved to oppose SB214. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, no. Motion passed 2-1. (1170) 

11:30 a.m.

Land Use Matter:

Public Hearing: Docket #SE-01-05 (Moffat Lakes 2nd Addition/Eldorado Artesian Springs, Inc. SE); Subdivision Exemption for a division within the Eldorado Springs Townsite creating four additional legal lots from the existing lot purchased by Eldorado Artesian Springs, Inc. in 1983 (located at 12 Baldwin Circle and 31 Fowler Lane, in the Eldorado Springs Townsite, in Section 25, T1S, R71W): (11:32 - 12:15) (1260, Tape No. 23/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

Doug Larsen, President of Eldorado Springs Artesian, applicant 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: Jeff Mason, 3100 Artesian

Saber Dunham, 3449 Artesian

Vija Handley, Alder Lane

Anna Hambleton, 5 Cheeseboro Way 

ACTION 

Commissioner Mendez: AI move to table Docket #SE-01-05, Moffat Lakes 2nd Addition/ Eldorado Artesian Springs, Inc. Subdivision exemption, until April 19, 2001, at 10:00 a.m.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2180) 

2:00 p.m.

Public Hearing: Docket #SU-00-14/SE-00-21 (Marshall Mesa Office Park SU/SSDP/SE); Special Use Review/Site Specific Development Plan for the construction of three buildings with a total floor area of 17,400 sq. ft. which would generate traffic volumes in excess of 150 average daily trips, and a Subdivision Exemption that would allow condominium offices to be sold separately (located at 1842 South Foothills Highway, south of Boulder, southeast of South Foothills Highway and Eldorado Springs Drive, in Section 21, T1S, R70W) (Tabled from 2/6/01): (2210, Tape No. 23/counter mode) 

Commissioner Danish moved to table Docket #SU-00-14/SE-00-21, Marshall Mesa Office Park SU/SSDP/SE until April 24, 2001, at 2:00 p.m. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2210) 

[Note: At 5:00 p.m., The Commissioners met in an administrative dinner meeting with the Boulder City Council.] 

10:00 a.m.

(10:05 - 10:55)(0001, Tape No. 23/dual DAT/Counter Mode) 

OLD BUSINESS:

LAND USE ITEMS: 

1. Docket #SE-01-04 (Spangler Exemption); Subdivision Exemption for a division of land within Niwot Townsite (located at 471 Franklin Street, Lots 17-20, Block 14 of the Niwot Townsite, between 4th Avenue and 5th Avenue, in Section 25, T2N, R70W) (Tabled from 3/20/01): (0001, Tape 23/counter mode) (10 min.) 

Presenter: Greg Oxenfeld, Land Use Department

Barbara Andrews, Assistant County Attorney 

Commissioner Danish moved to approve Docket #SE-01-04, Spangler Exemption, in accordance with staff recommendations and additionally, that the structure be restored to original condition, it shall be eligible for landmarking, and shall not be eligible for expansion. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (190) 

CONSENT ITEMS: 

2. Finance Division: Warrants Issued Report for March 

3. Parks and Open Space Department:

a. Purchase Agreement (Beilins property);

b. Final easement agreement with Patina Oil & Gas Corporation for realignment of underground oil and gas line on the APF open space property, per terms of the property acquisition;

c. Closing documents for the Caribou Ranch property (Mechanics Lien Letter, Certification of Representations & Warranties, Deeds of Conservation Easement in Gross [27], Second Amendment to Conservation Easement Purchase Agreement, Second Amendment to Purchase & Option Agreement, Amendment to Delonde Parcel Conservation Easement; and amended: two subordination agreements with reference to the conservation easements) 

4. Transportation Department: Award of contract for the East County Line Road/Kenosha Road Intersection Improvement Project to the lowest, most responsible bidder -- Asphalt Specialties Company ($114,549.30) 

5. Bid awards to the lowest, most responsible bidders:

a. Information Technology #4170-01, Professional Consulting Services ESRIs Spatial Database Engine, to Farragut Systems ($12,500);

b. Commissioners #4181-01, Hearing Room Sound Equipment, to LVW Electronics ($24,856.35) 

6. Contracts:

a. Road Maintenance -- contract with Infrastructure Management Services for pavement management data collection (amount depends on work performed);

b. Architects -- contract with Williams Scottsman for the Justice Center modular courtroom ($183,060);

c. Finance -- 2001 non-profit services contract with The Service Exchange ($6,382)

Commissioner Stewart moved approval of Item Nos. 2 through 6 (as amended under 3c). Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (272) 

DISCUSSION ITEMS: 

Commissioners Matters: 

7. Personnel Actions: 

None 

8. Applications for Limited Impact Gaming Funds from the Voices for Children Court Appointed Special Advocate (CASA) program and the Nederland Teen Action Center Alternative Education Program, with request for prioritization (Tabled from 4/10/01): 

ACTION 

Commissioner Stewart moved approval of Item No. 8, directing that a letter be written supporting both grants and not assigning priority. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (326) 

Elected Officials and Department Heads Matters: 

9. County Attorney=s Office:

a. Resolution 2001-43, amending the official statement relating to the Open Space Capital Improvement Trust Fund Bonds, Series 2001;

b. Intergovernmental Agreement establishing Boulder County as the successor entity to the Boulder County Recycling and Composting Authority: 

Presenters: Larry Hoyt, County Attorney (9a)

Leslie Lacy, Assistant County Attorney (9b) 

ACTION 

Commissioner Stewart moved approval of Item Nos. 9a and 9b (separate motions). Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (341, 400) 

10. Assessor:

a. Alternate Appeal Procedure for 2001;

b. 2001 Tax Estimate;

c. Current Value Estimate: 

Presenter: Cindy Domenico, County Assessor 

ACTION 

Commissioner Stewart oved approval of Item Nos. 10b and c, and heard information concerning Item 10a. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (666) 

11. Clerk and Recorder: Request for sole-source bid waiver to purchase CRIS+Plus software support from Eagle Computer Systems ($17,040): 

ACTION 

Commissioner Stewart moved approval of Item No. 11. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (673) 

12. Transportation Department: Special Use Application for County Roads from the Boulder County Rape Crisis Team for the Canine Classic 10K & 5K Run/Walk on Sunday, April 22nd (9:00 a.m. to noon): 

ACTION 

Commissioner Stewart moved approval of Item No. 12. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (679) 

Administrative Matters: 

13. Scheduling and Communications: 

Presenter: Susan Ashcraft, Deputy 

a. Tentative date for Forest Service lunch on 4/26 

Items Amended to the Agenda: 

14. Parks and Open Space: Request for approval of IRS Form 8283, for the donation of the conservation easement on the Sutherland Property located on Highway 36: 

Presenter: Jan Burns, Parks and Open Space Department 

ACTION 

Commissioner Danish moved approval of Item No. 14. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (697) 

15. Chair=s request to hold the business meeting open for the purpose of receiving information from staff concerning the Comprehensive Plan: 

ACTION 

Commissioner Stewart moved approval of Item No. 15. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1250) 

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 12:20 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.]