MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, JUNE 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 Tuesday, June 5, 2001.

The meeting was called to order at approximately 9:10 a.m., by Chair Jana Mendez, with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

9:00 a.m. County Attorney/Land Use Matter:

Public Hearing: Nederland Area Boulder County Comprehensive Development Plan Intergovernmental Agreement: (9:03 – 10:55) (240, Tape No. 33/Counter Mode)

Legal notice was published in accordance with County regulations and/or legal requirements in the designated newspaper of record.

Presenters: Larry Hoyt, County Attorney

Jim Miller, Mayor of Nederland

Speakers: Steve Larson, Attorney for Eldora Mountain Resort

Barry Satlow, Boulder Sierra Club

Lenny Coles, Nance Estates Resident

Alan Schmidt-Gordon, resident near Magnolia Road

Scott Rumen, 7425 Magnolia

Jim Wolfe, Pinecliffe Association

John Henderson, Hendricks Mining

Frank (last name not given), Ridge Road

Betty Graves, Eldora landowner

Robert Thompson

Ed Byrne, representing Roxanne DeSanto

Dirk Arnold, representing Hans Von Mende

John Ashby

Greg Ching, 18 Meadowland Ct.

Jennifer Stewart, Magnolia

Ann David, Eldora Resident

Jean McCleary, Eldora

John Bernard, Eldora property owner

Scott Pearson, affected property owner

Audrey Godell, Eldora

Marilyn Shaw

Ann Mygatt

Nancy Williams, Ridge Rd.

Debra Evans, 1823 22^nd St., Boulder County

Leonard Muse, area resident

The Public Hearing was closed at 1935, Tape No. 33, and Board discussion begins.

Commissioner Stewart moved to change Section 2(b) to read "north to north of Sugarloaf." Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2460)

Commissioner Stewart moved to change Section 3(a), to strike the language, "or issuance of a building permit." Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2480)

Commissioner Stewart moved to change the language in Section 3(c) to change the word "may" to "shall" in the second line. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2500)

Commissioner Stewart moved approval of the Nederland/Boulder County Comprehensive Development Plan Intergovernmental Agreement as amended. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2666)

11:00 a.m.

Public Hearing: Docket #SPR-01-052 (Graff Residence); Site Plan Review for the construction of a 9,508 sq.ft. residence (above grade=6,348 sq. ft./below grade=3,160 sq. ft./finished floor area=4,590 sq. ft./unfinished floor area= 4,918 sq. ft.) and a 1,329 sq. ft. barn (above grade=1,329 sq. ft./ unfinished floor area=1,329 sq. ft.) (located at 10120 Arapahoe Road, in Section 33, T1N, R69W): (11:10 – 11:50) (3245, Tape No. 33/Counter Mode)

Legal notice was published in accordance with County regulations and/or legal requirements in the designated newspaper of record.

Presenter: Todd Tucker, Land Use Department

Bill Graff, applicant

David Waugh, architect, 7916 Niwot Rd.

Present: Barbara Andrews, Assistant County Attorney

Speakers: Robert Haskins, nearby resident

Commissioner Stewart moved approval of Docket #SPR-01-052, Graff Residence, in accordance with staff recommendations, commitments of record by applicant, and with the three changes discussed. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4545)

2:00 p.m.

Public Hearing on proposed acquisitions:

1. Rugg property -- approximately 88 acres of land located on Spencer Mountain, south of Eldora, including divisions of land to create five lots of less than one acre each, along Bryan Avenue, for seller to retain or sell to third parties. The terms of the division of land will prohibit any development or structures on the lots: (Item 1 was not recorded due to operator error.)

2. Ruth Reynolds property -- fee purchase of 160 acres of land located north of Left Hand Canyon near Lick Skillet Road. As part of the purchase, the County would retain an option to do a division of land to create a 5-acre lot around an existing house to sell to a third party to recoup part of the acquisition costs: (2:00 – 2:40) (4558, Tape No. 33/Counter Mode)

Legal notice was published in accordance with County regulations and/or legal requirements in the designated newspaper of record.

Presenters: Emy Brawley, Parks and Open Space

Todd Tucker, Land Use Department

Present: Ben Pearlman, Assistant County Attorney

Speakers: Terry Durason, 8104 Left Hand Canyon (Item 2)

Paul Griffin, Left Hand Canyon homeowner (Item 2)

Don Campbell, Boulder resident (Item 2)

Public hearing closed at 580, Tape No. 34; Board discussion begins concerning Item No. 2. 

ACTION 

Commissioner Danish moved to approve acquisition of the Rugg property as recommended by staff. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4560)

ACTION 

Commissioner Stewart moved approval acquisition of the Ruth Reynolds property. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (816)

ACTION 

Commissioner Stewart moved, regarding the Ruth Reynolds property, to create a lot of up to three acres; to allow a structure of no larger than 1200 square feet and to allow outbuildings totaling no more than 800 square feet, which could include a workshop; that the lot creation is dependent upon availability of legal access; that the sale price of this created parcel will be set on the basis of appraised value; and that staff be directed to look at reasonable restrictions on allowable animal units. Commissioner Danish seconded the motion.

VOTE: MENDEZ, no; DANISH, aye; STEWART, aye. Motion carried 2-1. (825) 

3:00 p.m.

Public Hearing: Docket #SPR-01-070 (AT&T Wireless/Dexter Telecommunications Facility); Site Plan Review to consider a telecommunications facility including 12 panel antennas on an existing 36 ft. 6 in. silo, and an 11 ft. 6 in. by 28 ft. equipment shelter (located at 9307 Valmont Drive, in Section 20, T1N, R69W): (874, Tape No. 34/Counter Mode)

ACTION 

Commissioner Stewart moved to table indefinitely Docket #SPR-01-070, AT&T Wireless/Dexter Telecommunications Facility. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (874)

10:30 a.m.

BUSINESS MEETING

(10:30 – 11:10) (2816, Tape No. 33/counter mode) 

NEW BUSINESS:

CONSENT ITEMS:

1. Treasurer’s Office -- cancellation of Tax Lien Sale Certificates to correct erroneous assessments:

a. #99-0224 (refund $9,142.99);

b. #00-0208 (refund $509.02) 

2. Transportation Department: Change Order to the 63rd Street improvement contract with DeFalco Lee, Inc. for additional work requested by the City of Boulder (estimated $300,000 to be paid by the city)

3. Road Maintenance Division: Award of RFP #4193-01, Emulsified Asphalt, to the lowest, most responsible bidder -- Cobitco ($1.05 per gallon picked-up/$1.12 per gallon delivered)

4. County Attorney’s Office: Resolution 2001-78, conditionally approving Docket #SE-01-13 (DeBacker/Graham Lot Recognition/ Boundary Line Adjustment)

5. Authorization for the Board to go into Executive Session on Wednesday, June 6, as follows:

a. 9:30 a.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(f) Personnel Matters;

b. 10:30 a.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice;

c. 11:30 a.m. with Christine Highnam, Social Services Director, pursuant to CRS 24-6-402(4)(f) Personnel Matters;

2:00 p.m. with Dickey Lee Hullinghorst, Intergovernmental Relations Director, pursuant to CRS 24-6-402(4)(f) Personnel Matters 

Presenter: Larry Matel, Transportation Director (Item 2)

ACTION 

Commissioner Danish moved approval of Item Nos. 1, and 3 through 5. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2824)

ACTION 

Commissioner Stewart moved approval of Item No. 2. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2872) 

DISCUSSION ITEMS:

Commissioners Matters:

6. Personnel Actions.

None

7. Resolution 2001-73, denying Docket #SE-01-10 (White Diamond Millsite/Gilmore/Preitauer Subdivision Exemption/Lot Recognition).

ACTION 

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2879) 

Elected Officials and Department Heads Matters:

8. Sheriff’s Office: Grant application to the Colorado Division of Criminal Justice for the 2001 Methamphetamine Enforcement Program ($10,710), with request to waive admin costs ($371):

Presenter: Jim Smith, Sheriff’s Department

ACTION 

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2912) 

Administrative Matters:

9. Scheduling and Communications:

Presenter: Susan Ashcraft

a. Metro Area Commissioners Council meeting 6/29

b. Circle of Honor Dinner confirmed for Thursday, November 15, at Raintree Inn, Longmont

10. Sheriff George Epp: Discussion of space needs for the Sheriff’s Office: (2920, Tape No. 33) (10 min.)

ACTION 

Item No. 10 was for information only.

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:15 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.]