MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, JULY 10, 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, July 10, 2001.

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

Jana L. Mendez, Chair

Paul Danish, Vice Chair

[Note: Commissioner Stewart was excused for part of the day.]

9:00 a.m.

Land Use Matter:

Public Hearing: Docket #SPR-01-073 (Patterson Residence); Site Plan Review for the construction of a 4,362 sq.ft. residence (above grade= 4,362 sq.ft./finished floor area=3,117 sq.ft./unfinished floor area= 1,245 sq.ft.) (located at 8338 Arapahoe Road, in Section 31, T1N, R69W: (9:10 - 9:42) (763, Tape No. 38/dual dat recorder, "counter" mode)

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

[Commissioner Stewart was excused from this meeting.]

Presenters: Todd Tucker, Land Use Department

Steve Patterson, applicant

Mrs. Patterson, applicant

Present: Barbara Andrews, Assistant County Attorney

Speakers: Estella Cole

Commissioner Danish: "I move to table Docket #SPR-01-073, Patterson Residence, until July 26, 2001, at 10:00 a.m. (Business meeting) for purposes of the Board conducing a site visit." Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1450)

11:00 a.m.

Land Use Matter:

Public Hearing: Docket #SU-99-13 (ACL Learning Center SU/SSDP); Determination whether a change in the parking lot location is a substantial modification to the Site Plan (located at 5744 North 71^st Street, north of Gunbarrel Estates and south of State Highway 52, on the east side of North 71^st Street, in Section 1, T1N, R70W): (11:00 - 11:05) (1625, Tape No. 38/dual dat recorder, "counter" 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

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Danish: "I move that Docket #SU-99-13, ACL Learning Center special use/ssdp, request to move parking lot be found not to be a substantial modification to the special use review." Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1690)

2:00 p.m.

Land Use Matter:

Public Hearing: Docket #BVCP-99-01(c) (Boulder Valley Comprehensive Plan Year 2000 Major Update: Land Use Designations and Definitions): (2:10 - 5:42) (1711, Tape No. 38 through 2043, Tape No. 39/dual dat recorder, "counter" mode) 

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

Presenters: Pete Fogg, Land Use Department

Susan Ridgestone, City of Boulder 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: Carolyn Maxwell, 1245 Kalmia

Michael O’Keeffe, 4520 Nassau Place (Homeowners’ Assn. Representative)

Susan Stran, 4557 Apple Way, Boulder

Wylie Jonnsen, 4475 Nassau Pl., Boulder, (4 Mile Creek)

Steve Blacker, 4577 Apple Way

Sam Vance, 4021 St. Petersburg St.

Georgiana Durga, 3992 St. Petersburg

Richard Luna, 4023 Old Westberry Ct.

Rowan Turrett, Kalmia Court, Boulder

Kathleen Klune, City of Boulder

Shannon Lynch, Four Mile Creek neighborhood

Robert Sharpe, 5995 Marshall Drive

Mike Cooper, 3821 Howe Ct.

Warren Smadbeck, 1468 Cherryvale Rd., Boulder

Bev Nelson, 1425 Cherryvale Rd.

Judy Renfroe, P.O. Box 17100, Boulder 80308

Paul Turley, 1548 Old Tale, Boulder

Ray and Barbara Hedberg, 1310 Old Tale Rd., Boulder

Joyce Thermer, 1435 Old Tale Rd 

The public hearing was closed at 1475, Tape 39, and Board discussion begins at 1500. 

Commissioner Stewart: "I move to hold an executive session with the County Attorney for the purpose of discussing legal matters related to this docket." Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1677)

Commissioner Stewart moved: "I move to table Docket #BVCP-99-01(c), Boulder Valley Comprehensive Plan Year 2000 Major Update, until July 26, 2001, at 2:00 p.m." Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2040)

[Note: Commissioners held Community Day events with the City of Boulder, none of which were tape recorded because they were administrative meetings.]

 10:30 a.m.

(10:35 - 10:40) (1481, Tape No. 38/counter mode) 

[Note: Commissioner Stewart was excused.]

NEW BUSINESS:

ITEMS TO NOTE FOR THE RECORD:

1. County Attorney’s Office -- Land Use resolutions:

a. 2001-61, conditionally approving Docket #SE-01-15 (Blair/ Maresh Subdivision Exemption);

b. 2001-75, conditionally approving Docket #LU-01-06 (Mellick Limited Impact Special Use Review).

2. Open Space acquisition documents:

a. Purchase Agreement (Neal property);

b. Mechanics Lien Letter (Lowe property);

c. Mechanics Lien Letter, Notice of Property Restrictions, Agree-ment for Assignment of Development Rights (DeBerry property)

3. Contracts:

a. Head Start -- renewal of the food service contract with Boulder Valley School District (estimated $70,000);

b. Parks and Open Space -- addendum to the Longmont Court-house landscaping contract with Designscapes, Inc. to add Fairgrounds North Lot landscaping ($68,794.15)

4. Sheriff: Statement of Grant Award from the Colorado Division of Criminal Justice, for intensive treatment & supervision of mentally ill offenders ($135,274)

5. Authorization for the Board to go into Executive Session on Wednesday, July 11, as follows:

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

b. 2:45 p.m. with Barbara Gigone, Community Services Director, pursuant to CRS 24-6-402(4)(f) Personnel Matters

Commissioner Danish moved approval of Item Nos. 1 through 5. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1494)

DISCUSSION ITEMS:

Commissioners Matters:

6. Personnel Actions:

None

Elected Officials and Department Heads Matters:

7. County Attorney’s Office:

a. Amendment to the Open Space and Right-of-Way Acquisition Intergovernmental Agreement with the Northwest Parkway Public Highway Authority, providing for an extension of the closing on right-of-way exchanges until the surveying is complete and for interest to be payable to the County for the delay;

b. Resolution 2001-97, concerning rules and regulations for Parks and Open Space areas (supplements Resolution 2001-50):

Commissioner Danish moved approval of Item Nos. 7a and 7b (separate motions). Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1516,1520)

8. Transportation Department -- Special Use Applications for County Roads from:

a. Pallotta Team Works, for the Avon Breast Cancer Three-Day Cooperative Walk on the weekend of August 4th & 5th;

b. C.U. Cancer Research Foundation, for a four-mile running race on Thursday, August 9th (6:00 - 8:30 p.m.)

Presenter: Mike Thomas, Transportation Department

Commissioner Danish moved approval of Item Nos. 8a and 8b. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1533)

9. Sheriff: Award of RFP #4202-01, Jail Inmate Commissary Services, to Canteen:

ACTION 

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

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (1538)

Administrative Matters:

10. Scheduling and Communications:

Presenter: Susan Ashcraft, Deputy

a. Request from Robert Sharpe to have his South Boulder Creek advisory committee present findings to Commissioners will be scheduled as an agenda item.

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 5:42 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.]