MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, JULY 24, 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 24, 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

Ronald K. Stewart, Commissioner

9:00 a.m.

Land Use Matter:

1. Public Hearing: Docket #EP-01-04 (Meadow Green Farm/Musson Exemption Plat); Exemption Plat process to modify the shape of the platted building envelope, including a Site Plan Review for an 8,769 sq.ft. dwelling, on Lot 6, Block 2 of Meadow Green Farm NUPUD (located at 9402 Crystal Lane, North of Longmont, southwest of the Yellowstone Road/North 95^th Street intersection, in Section 8, T3N, R69W): (9:04 – 9:10) (4361, Tape No. 41/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 Stewart moved to approve Docket #EP-01-04, Meadow Green Farm/ Musson Exemption Plat, in accordance with staff recommendations and commitments of record, if any. Commissioner Mendez seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, abstain. Motion passed 2-0. (4523)

2. Public Hearing: Docket #LU-01-13 (Gindi Limited Impact Special Review); Limited Impact Special Review for overlot grading of 2,384 cu.yds. of material for the construction of a residence including a swimming pool, pool house and tennis court (located at 5045 North 51^st Street, in Section 9, T1N, R70W): (9:10 – 9:43) (4545, Tape No. 41 through 436, Tape No. 42/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: Todd Tucker, Land Use Department

(Continued on Tape No. 42)

Meredith Gindi, applicant

Jack Gindi, applicant 

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Stewart moved to table Docket #LU-01-03, Gindi limited impact special review, until July 31, 2001, at 10:00 a.m. (business meeting). Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (436, Tape No. 42) 

10:45 a.m.

Public Hearing: Second reading of proposed Ordinance #2001-01, enforcement of parking restrictions on County property within incorporated city limits of Boulder County: (10:45 – 10:50) (440, Tape No. /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: Andy MacDonald, Assistant County Attorney

Speakers: None

Commissioner Danish moved adoption of Ordinance #2001-01, Enforcement of Parking restrictions on County property within the City limits of Boulder, with amendments as discussed. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1122)

11:00 a.m.

Land Use Matter:

Public Hearing: Docket #SE-01-22 (Fowler BLA); Subdivision Exemption for a Boundary Line Adjustment between 3333 & 3449 Eldorado Springs Drive (located at 3333 & 3449 Eldorado Springs Drive, Lots 1-18 of Moffat Lakes 1 Subdivision, in Section 25, T1S, R71W): (11:00 – 11:09) (1130, Tape No. 42/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: Denise Grimm, Land Use Department

Luanne Fowler, applicant

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Danish moved to approve Docket #SE-01-22, Fowler boundary line adjustment, in accordance with staff recommendations. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1355)

2:00 p.m.

Land Use Matter:

Public Hearing: Docket #SPR-01-085 (Holtsclaw Residence & Barn); Site Plan Review for the construction of a 7,389 sq.ft. residence with attached garage (above grade=5,389 sq.ft./below grade=2,000 sq. ft./ finished floor area=3,688 sq.ft./unfinished floor area=3,701 sq.ft.) and a 1,296 sq.ft. barn (above grade=1,296 sq.ft./finished floor area=1,296 sq.ft.) (located at 8850 North County Line Road, in Section 5, T3N, R69W): (2:05 – 2:49) (42, Tape No. /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: Todd Tucker, Land Use Department

Jeff Moline, Parks and Open Space Department

Louis Holtsclaw, applicant

Rosemary Holtsclaw, applicant

Present: Barbara Andrews, Assistant County Attorney

Speakers: Dave Denesha, future neighbor

Commissioner Stewart moved to table Docket #SPR-01-085, Holtsclaw residence and barn, until August 14, 2001, at 10:00 a.m. (business meeting). Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (2435) 

3:00 p.m.

Public Hearing: Recommendations for alternate use of the Betasso Loop Trail: (3:03 – 4:30) (2470, Tape No. 42 through 136, Tape No. 43/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: Therese Glowacki, Parks and Open Space Department

Present: Ben Pearlman, Assistant County Attorney

Speakers: Susan Holley, 57 Betasso Road

Cheryl Whitehall, 229 Kelly Rd. E.

Sally Bornheim, 402 Kelly Rd. E.

Adele Platter, 421 Kelly Rd. E.

Jim McKee, 2725 Juilliard St.

Amy deLeon, 604 Quince Circle

Arch Shrout, 93 Broken Fence Rd.

Susan Winter, 6125 Habitat Dr.

Gary Sprung, 780 W. Moorhead Circle

Darian Apollo, 2717 Glenwood Dr.

Anders Skilbred, 883 Kelly Rd. W.

Howard Mills, 2030 Oak Ave., Boulder

Catherine Monro, 812 North St.

Michael Brotberg, 440 Broken Fence Rd.

Jeanne Baughman, 244 Kelly Rd., E.

Jerome Rifkin, 210 Arapahoe Ave.

Joan Ray, 67 Hawk Ln.

Eric Vogelsberg, 1345 Bow Mtn. Dr.

Ms. Abby

Marsha Barber

Maureen Ivy

Bruce Bland, Boulder

Jim Jenkins, Boulder

Ricki Weiser, 4020 N. 75^th St.

Sally Imager

Commissioner Danish moved to approve staff recommendations concerning alternate use of the Betasso Loop Trail. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (136, Tape No. 42) 

10:00 a.m.

(10:06 – 10:16) (440, Tape No. 42/counter mode)

1. Docket #SE-01-21 (Reigel Lot Recognition); Subdivision Exemption for a Lot Recognition of a parcel consisting of approximately 2.34 acres (located at 213 Owl Creek Road, in Section 36, T1N, R72W) (Tabled from 7/3/01): (10 min.) (440, Tape No. 42)

Presenters: Kim Sanchez, Land Use Department

Barbara Andrews, Assistant County Attorney

Frank Reigel, applicant

Commissioner Stewart moved to hold an executive session with the County Attorney for the purpose of receiving legal advice concerning this docket. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (617)

Commissioner Stewart moved to table indefinitely Docket #SE-01-21, Reigel Lot Recognition, in accordance with staff recommendations. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (730)

CONSENT ITEMS:

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

a. 2001-64, conditionally approving Docket #EP-01-02 (Boulder Heights 5^th Addition/Brenneman Exemption Plat);

b. 2001-70, conditionally approving Docket #EP-01-01 (Rice Exemption Plat);

c. 2001-86, conditionally approving Docket #LU-00-24 (Hicks Limited Impact Special Review);

d. 2001-90, conditionally approving Docket #SU-00-20 (Coors Brewing Company Special Use Review/Site Specific Develop-ment Plan);

e. 2001-91, conditionally approving Docket #HP-01-03 (Ludlow Farm Site/Spurgeon/Gaynor Lake Farm Historic Landmarking);

f. 2001-94, conditionally approving Docket #SU-01-02 (Sprint PCS/Pioneer Sand Company Special Use Review/Site Specific Development Plan)

4. Contracts:

a. Facilities Management -- contract with ThyssenKrupp Elevator Company to maintain the elevator at the recycle center ($94 per month);

b. Longs Peak Energy Conservation -- renewal of the Loveland warehouse lease with Advantage Leasing Company ($1,990 per month)

Commissioner Stewart moved to approve Item Nos. 2 through 5. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (775)

Commissioners Matters:

6. Personnel Actions:

None

7. Second-half 2001 participating member dues for the Denver Regional Council of Governments ($33,800):

Commissioner Danish moved to approve Item No. 6. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (786)

8. Suggestion Committee recommendation for a $300 award for a shroud that attaches to insulation blowing equipment to allow for safe drilling of suspected lead-painted walls:

Commissioner Stewart moved to approve Item No. 7. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (792) 

9. Request from the Winiger Ridge Ecosystem Management Pilot Project to waive labor & overhead charges for the County to print their newsletter:

Commissioner Stewart moved to approve Item No. 8. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (800)

10. Appointments to the Genetically Modified Organism Technical Advisory Committee:

a. By various motions and votes, the Board of Commissioners appointed the following 10 persons to serve on the GMO Technical Advisory Committee: John Ellis (representing organic farming, Rocky Mountain Farmers’ Assn.), Julius Van Thuyne (conventional farming), Bill Bohn (Bureau of Farm Management) (Commissioner Stewart moved, Commissioner Danish seconded, motion carried unanimously (823); Robert Davis (citizen), Laura Connelly (citizen) (Commissioner Mendez moved, Commissioner Danish seconded, motion carried unanimously (835); Mark Retzlaff (State Organic Growers’ Association) Andrew Stehlan (Scientist), Commissioner Danish moved, Commissioner Stewart seconded to appoint. (861); Sylvia Bromhertz (CU scientist), Commissioner Mendez moved, Commissioner Stewart seconded, motion carried unanimously (870); Patrick Byrne (CSU scientist), Commissioner Danish moved, Commissioner Stewart seconded, motion carried unanimously (900); Annette Grant (citizen, science background in genetics), Commissioner Stewart moved, Commissioner Danish seconded, motion carried unanimously (919).

Elected Officials and Department Heads Matters:

11. County Attorney’s Office:

a. Request for response to Notice of Violation pursuant to CRS 29-20-203 regarding Docket #SPR-01-041 (Keener Residence);

b. Mechanics Lien Letter, Conservation Easement, Amendment to the Mud Lake IGA (for the Mud Lake closing on the Ridge Road property)

c. Ratification of Parks and Open Space Acquisition Manager signatures on Contract to Buy and Sell Real Estate (5/8/01), as amended (5/31/01), and Counterproposal (6/22/01) with the Elverna Burchfield Living Trust:

Presenters: Barbara Andrews, Assistant County Attorney

Ben Pearlman, Assistant County Attorney

Commissioner Danish moved to affirm Item No. 10a. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (985)

Commissioner Stewart moved to approve Item Nos. 10b and 10c (separate motions). Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1003, 1025)

12. Transportation Department: Recommendation that Floodway Development Permit #01-08FW not be called up for review (issued to Robert Brooks for property at 23700 South St. Vrain Drive):

Commissioner Stewart moved to approve Item No. 12. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1039)

13. Facilities Management Division: Request for bid waiver to complete four projects at the Fairgrounds before the start of the 2001 Boulder County Fair (Baker Remodeling):

Commissioner Danish moved to approve Item No. 13. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1047)

14. IMPACT: Change Order Letter from the Division of Youth Corrections regarding an additional $13,451.18 to be paid to the program:

Commissioner Stewart moved to approve Item No. 14. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1051)

Administrative Matters:

None

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:30 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.]