MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, APRIL 5, 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 5, 2001.

The meeting was called to order at approximately 9:32 p.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 # SPR-00-215 (Otten/Showman Addition); Site Plan Review for the construction of 6,895 sq.ft. addition (above grade=6,895 sq. ft./finished floor area=5,945 sq.ft./unfinished floor area=950 sq.ft.) (located at 4330 Prado Drive, Lot 37, Valle Del Rio Subdivision, in Section 20, T1S, R70W): 

Commissioner Stewart moved to table indefinitely Docket #SPR-00-215, Otten/Showman Addition. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1683) 

Item Amended to the Agenda: 

ACTION 

Commissioner Stewart moved to hold an executive session with the County Attorney for the purpose of discussing legal matters. Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1680)

11:00 a.m.

Legislative Update: (11:15 - 11:30) (3400, Tape No. 21) 

Presenter: Carolyn Dulchinos, Policy Analyst 

ACTION 

No action taken. The Board heard a report concerning House Bill 1225.

2:00 p.m.

Land Use Matter:

Public Hearing: Docket #LU-01-02 (Boulder Community Hospital); Limited Impact Special Use for the placement of 120,000 cu.yds. of fill associated with the construction of the Boulder Community Hospital (located at 4835 West 48th Street, at the intersection of 48th Street and Arapahoe Road, east of Foothills Parkway, south of Boulder Creek and west of 48th Street, in Section 28, T1N, R70W): (2:07 - 3:10) (3690, Tape No. 21 through 675, Tape No. 22/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

Joe McDonald, for applicant

Clark Misner, Transportation Department 

Speakers: John Andrews, Kennedy Court, nearby resident

Honey Terrill, neighbor

Marily Terrill, neighbor 

ACTION 

Commissioner Danish: AI move we send a letter to the Boulder City Council asking that they advise the County on how to proceed with this application and that Docket #LU-01-02, Boulder Community Hospital, be tabled indefinitely until such direction is received from the City Council.@ Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (632) 

10:00 a.m.

(10:00 - 10:35)(1683, Tape No. 21/dual DAT/Counter Mode) 

OLD BUSINESS:

LAND USE ITEMS:

1. Docket #EP-00-08/V-00-03/SE-00-24/LU-00-18/SU-00-16 (Caribou City EP/VAC/SE/LU/SU/SSDP); Exemption Plat to reduce a portion of the lots in Caribou City subdivision from 111 to 13 building lots (12 of the 13 lots will be used for residential development, the remaining lot will be used for a horse barn and a fishing cabin); Vacation to delete certain roads and easements originally platted in Caribou City sub-division; Subdivision Exemption to recognize two building lots (AEstate Lot five@) in section 2, T1S, R73W; Limited Impact Special Review for approximately 42,639 cu. yds. of grading associated with the various Site Plan Reviews, and Site Plan Review to establish building envelopes for 23 sites; Special Use Review/Site Specific Development Plan for a fishing cabin (not exceeding 5,000 sq. ft. above grade) and a horse barn (not exceeding 12 stalls) on one lot in the Caribou City Subdivision and established through the requested Exemption Plat; and a Special Use Review/Site Specific Development Plan for open mining to create five fishing ponds and to allow recreation cabins on 3 indi-vidual mining claims (located in general vicinity of Caribou City Subdivision, in Sections 1, 2, 4, 9, 11 & 12 & T1S, R73W; Section 6, T1S, R72W; and Sections 25 & 36, T1N, R73W) (Tabled from 3/27/01): (10:00 - ) (1683, Tape No. 21) 

Presenters: David Callahan, Land Use Department

Glenn Porzak, Attorney for applicants

Clark Misner, Transportation Department 

Present: Larry Hoyt, County Attorney 

Speakers: Kevin Probst, Nederland (Land Use Coalition)

Jody Showman, Nederland 

Commissioner Stewart moved to approve of Caribou City dockets with the modified conditions presented today by staff, commitments of record by applicant, and specific items mentioned as follows: Remove whatever condition dealt with the June Rose claim that has now been removed from the proposal; that Conditions 2 and 11 be modified as discussed; a new condition with wording that will reconfigure Lot 1A to include the former Lot 72 of the Caribou City Subidivision and allow the building envelope thereon to be tucked as closely to the hillside as possible so as to be as far away from the wetland as possible; to delete staff request to delete the building envelope on Lot 4; to reference to Division of Wildlife recommendation concerning buckrail fencing which is addressed in Condition 53; incorporating applicant=s agreement to limit the above grade square footage on Lot 14 to 2500 square feet; and Condition 61, incorporating staff=s language.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2627) 

NEW BUSINESS:

ITEMS TO NOTE FOR THE RECORD: 

2. Application for use of the Courthouse Lawn from the Village Arts Coalition for the Boulder International Festival (June 16th & 17th) 

ACTION 

Item No. 2 was noted for the record. 

CONSENT ITEMS: 

3. County Attorney=s Office -- Land Use Resolutions:

a. 2001-30, conditionally approving Docket #LU-01-03 (Hauser Limited Impact Special Review);

b. 2001-41, approving Docket #DC-01-01(Amend Land Use Code -- Temporary Accessory Community Meeting Facilities) 

4. Facilities Management -- bid awards for Courthouse HVAC renovation to the lowest, most responsible bidders:

a. 4161-01, General Contracting, to Taylor Ball ($142,000);

b. 4162-01, Mechanical, to Kimmel Mechanical ($547,802);

c. 4173-01, Acoustical Ceiling, to All Area Acoustics ($10,350). 

5. Contracts:

a. Architects -- contract with Nixcavating, Inc. for exterior con-crete, paving, curb and gutter at the Longmont Courts Building ($257,000);

b. Youth Corps -- contract for summer 2001 with the City of Lafayette ($15,000 revenue);

c. Youth Corps -- contract for summer 2001 with the City of Louisville ($15,000 revenue) 

ACTION 

Commissioner Danish moved approval of Item Nos. 3 through 5. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2880) 

DISCUSSION ITEMS: 

Commissioners Matters: 

6. Personnel Actions: 

Presenter: Joe Heard, Human Resources 

ACTION 

Mr. Heard presented the March hirings above entry report for the Board=s approval. 

Elected Officials and Department Heads Matters: 

7. County Attorney=s Office: Agreement with the City of Longmont and FHCC, Ltd. dba Fox Hill - The Longmont Country Club regarding liquor license administration and enforcement on country club property which will be partially in the City and partially in the County: 

Presenter: Pat Mayne, Assistant County Attorney 

ACTION 

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2934) 

8. Transportation Department:

a. Resolution 2001-37, approving turn restrictions on Cherryvale Road, McSorley Lane and Arapahoe Ave;

b. Resolution 2001-38, concerning a contract with the Colorado Department of Transportation and the Burlington Northern/Santa Fe Railroad for a crossing upgrade at 55th Street (with attached contract);

c. Resolution 2001-39, concerning a contract with the Colorado Department of Transportation and the Burlington Northern/Santa Fe Railroad for a crossing upgrade at Ogallala Road (with attached contract): 

Presenter: Mike Thomas, Transportation Department 

ACTION 

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2954) 

ACTION 

Commissioner Stewart moved approval of Item Nos. 8b and 8c. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2970) 

9. Sheriff=s Office: Notification of Grant Award from the Office of National Drug Control Policy for the Boulder County Drug Task Force ($59,344), with request to waive admin costs ($1,767): 

Presenters: Lt. Jim Smith, Sheriff=s Department

George Epp, County Sheriff 

ACTION 

Item No. 9 was tabled until the Tuesday, 4/10 business meeting. 

10. Information Technology Division: Award of Bid #4176-01, NICs, to Rocky Mountain Networking, Digital Memory and CablExpress:

 Presenter: Drew Depler, IT 

ACTION 

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3260) 

11. Purchasing: Proposed participation in a Multiple Assembly of Procurement Officials= auction on April 19th (surplus County furniture, equipment and one vehicle). 

Presenter: Jenny Olberding, Purchasing 

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. (3306) 

Administrative Matters: 

12. Scheduling and Communications: 

Presenter: Susan Ashcraft, Deputy 

a. Discussion that Gaming Commission would like Boulder County representative; Arlen will be asked to serve again 

Item Amended to the Agenda: 

13. Land Use: Request for Board=s signature on application for Docket #SPR-00-105, AT&T antennas on Alexander Dawson open space: 

Presenter: Todd Tucker, Land Use Department 

ACTION 

Commissioner Danish moved approval of Item No. 13. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3343) 

14. County Attorney: Request to keep the business meeting open for the Board=s consideration of finalized Resolution 2001-40: 

Presenter: Larry Hoyt, County Attorney 

ACTION 

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3350) 

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:10 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.]