MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, MAY 3, 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, May 3, 2001.

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

Jana L. Mendez, Chair

Ronald K. Stewart, Commissioner

[Note: Commissioner Danish was excused for the day.] 

9:00 a.m.

Land Use Matters:

1. Public Hearing: Docket #SE-01-15 (Blair/Maresh SE); Subdivision Exemption to reaffirm an approval of Docket #SE-97-32 in which the Board of County Commissioners approved two contiguous parcels of land (totaling 68.55 acres) as separate legal building lots (the approval expired when the applicant did not meet the post approval requirements within the statutory time frame) (located at 329 & 720 County Road 87J, approximately 2 mile east of Jamestown, in Section 19, T2N, R71W): (9:04 - 9:06) (1684, Tape No. 27/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. 

Presenter: David Callahan, Land Use Department 

Speakers: None 

ACTION 

Commissioner Stewart moved approval of Docket #SE-01-15, Blair/Maresh subdivision exemption, in accordance with Land Use staff recommendations. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1748) 

2. Public Hearing: Docket #SE-01-13 (DeBacker/Graham Lot Recognition/ BLA); Request for approval of a Subdivision Exemption and Boundary Line Adjustment to recognize two building lots and re-divide existing parcels of land totaling 7.32 acres (located at 7602 & 7620 Arapa-hoe Road, southeast corner of the intersection of 75th Street and Arapahoe Road, in Section 36, T1N, R70W): (9:07 - 10:00) (1750, Tape No. 27/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

David Eisenstein, attorney for applicants

Kathy Graham, applicant

Bob Condon, applicant 

Speakers: None 

ACTION 

Commissioner Stewart moved to table Docket #SE-01-13, DeBacker/Graham Lot Recognition boundary line adjustment, until May 15, 2001, at 10:00 a.m . Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (3120) 

11:00 a.m.

Legislative Update: Cancelled. 

11:30 a.m.

Land Use Matter:

Public Hearing: Docket #LU-01-04 (Freedom Inc. LU); Limited Impact Special Review of a temporary fireworks operation (June 20th through July 5th) (located at 782 South 112th Street, northeast corner at the intersection of County Road 42 and Highway 287, in Section 11, T1S, R69W): 

[Note: Docket #LU-01-04, Freedom, Inc. limited impact special review was withdrawn by the applicant.] 

2:00 p.m.

Land Use Matter:

Public Hearing: Docket #SPR-01-039 (Schuetze/Moore Addition); Site Plan Review for the construction of a 2,278 sq.ft. addition (above grade=2,278 sq.ft./finished floor area=2,278 sq.ft.) (located at 6719 Walker Court, Lot 1, Morton Heights 4, in Section 32, T2N, R69W): (2:00 - 2:30) (4486, Tape No. 27, through 221, Tape No. 28/dual dat recorder, Acounter@ mode) (Note: Brief gap in Commissioner Mendez= comments during changeover of tape) 

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

Ron Moore, applicant

Jim McCutcheon, architect 

Speakers: Carl Shook, adjacent neighbor east

Patricia Murphy, 9051 Comanche Rd., Niwot 

[Board discussion begins at 5050]

ACTION 

Commissioner Stewart moved to table Docket #SPR-01-039, Schuetze/Moore Addition, until May 15, 2001, at 10:00 a.m. (Business meeting) . Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4490) 

10:00 a.m.

(10:05 - 10:50)(3133, Tape No. 27/dual DAT/Counter Mode) 

OLD BUSINESS: 

1. Clerk & Recorder=s Office: Proposal to conduct 2001 elections by mail ballot (Tabled from 4/19/01): (10:05 - 10:35) (3133, Tape No. 27) 

Presenters: Charlotte Houston, Clerk and Recorder

Louisville City Clerk

Nancy Wurl, Elections Manager, Clerk and Recorder

Sheila Horton

Al Kolwitz, Tin Cup Circle, Boulder

Pete Salas, 1155 Marine Street 

Commissioner Stewart moved to hold a mail ballot election for just this year, 2001, and afterwards to evaluate the process for consideration in 2003 . Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4043) 

NEW BUSINESS:

CONSENT ITEMS: 

2. Transportation Department -- award of contracts to the lowest, most responsible bidders:

a. Fairgrounds parking lot improvements to National Construction Company ($331,784.60);

b. 2001 epoxy roadway striping to Kolbe Striping ($141,400). 

3. Purchasing Division: Pass-through contract for gaming funds (Voices for Children -- $15,000). 

4. Open Space acquisition documents:

a. Purchase Agreement, Mechanics Lien Letter, Restrictive Covenant, Water Pipeline Easement Deed, Property Restriction Notice (Steen property);

b. Withdrawn

c. Lease Agreement, Mechanics Lien Letter (Hay property)

ACTION 

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4134) 

DISCUSSION ITEMS: 

Commissioners Matters: 

5. Personnel Actions: 

Presenter: Arlen Stokes, Administrative Services Director 

Consideration of appointment of Bob Lamb as Finance Manager, to serve at the pleasure of the Board of County Commissioners: 

ACTION 

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4168) 

Elected Officials and Department Heads Matters: 

6. County Attorney=s Office:

a. Request for authorization to proceed in County Court and/or District Court for violations of the Land Use Code and/or Building Code:

i. Beverly Ernst, 4858 Highland Drive, Longmont;

ii. Cenebio Chacon, 2500 Topaz Drive, Boulder;

iii. Mark Mueller, 288 Riverside, Lyons;

iv. Tynia Johnson, Flagg Drive, Lafayette;

b. Ditch Crossing Agreement with Boulder Left Hand Irrigation Company to construct three crossings as part of the North 63rd Street Reconstruction Project: 

Presenter: Pat Mayne, Assistant County Attorney (6a) 

ACTION 

Commissioner Stewart moved approval of Item No. 6 (separate motions). Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4216, 4226) 

7. Land Use Department:

a. Boulder County Poor Farm application to the National Register of Historic Places;

b. Recording deadline extension for Docket #SE-00-33 (DSBT/ Daley/Upchurch CFLS);

c. Recording deadline extension for Docket #SD-99-02 (Niwot Hills TDR/PUD). 

Presenters: Denise Grimm, Land Use Department (Item 7a)

Greg Oxenfeld, Land Use Department (Items 7b, 7c) 

ACTION 

Commissioner Stewart moved approval of Item No. 7 (separate motions). Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4252, 4290) 

Administrative Matters: 

8. Scheduling and Communications: 

Presenter: Susan Ashcraft, Deputy 

a. Confirmation of attendance at Metro Commissioners= luncheon in Lakewood at 6th and Union, on 5/24, at 2:30, with direction to delay agenda item that date to so accommodate. 

Items Amended to the Agenda: 

9. Land Use: Request for severance of TDR from the Mike Lefever property: 

Presenter: Graham Billingsley, Land Use Director 

ACTION 

Commissioner Stewart moved approval of Item No. 9. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4338) 

10. Request for letter to Director of Colorado Department of Human Services expressing concern about using certain sources as startup funding for County of Broomfield programs:

ACTION 

Commissioner Stewart moved approval of Item No. 10. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (4352) 

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:35 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.]