MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, AUGUST 7, 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, August 7, 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 #SPR-00-191 (Black Hills Energy Gas Turbine); Site Plan Review for the construction of a 3,025 sq.ft. gas turbine (above grade=3,025 sq.ft.) (located at 1800 North 63^rd Street, in Section 26, T1N, R70W): (9:10 - ) (432, Tape No. 45/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

Tom Hess, Excel Valmont Plant Manager

Present: Barbara Andrews, Assistant County Attorney

Speakers: Judy Shoals, neighbor

Marvin Bock, Ridglea Hills

Klaus Weick, Westview Drive

(1350)

Board discussion begins at 1450, Tape No. 45.

Commissioner Danish moved to approve Docket #SPR-00-191, Black Hills Energy Gas Turbine, in accordance with staff recommendations, commitments of record, if any, and additional conditions as discussed. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1808)

11:00 a.m.

Boulder County Citizens Cultural Advisory Committee: Recommendations for 2002 Funding: (11:25 – 11:50) (11:25, Tape No. 45/dual dat recorder, "counter" mode)

Presenters: Marianne Reichert, Commissioners’ Office

Chair of CCAC

Speakers: Various committee members

Commissioner Stewart moved to approve CCAC recommendations for funding of applicants for SCFD funding. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4600)

1:30 p.m.

Land Use Matter:

Public Hearing: Docket #SPR-01-084 (Howser Residence); Site Plan Review for the construction of a 9,700 sq.ft. residence (above grade= 6,916 sq.ft./below grade=2,784 sq.ft./finished floor area=6,514 sq.ft./ unfinished floor area=3,186 sq.ft. (located at 6439 Ace Court, Lot 17 Block 6 of Lake Valley Estates Replat, in Section 32, T2N, R70W) (tabled from 07/19/01): (1:33 – 2:06) (4610, Tape No. 45 through 445, Tape No. 46/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

Peter Howser, applicant

Present: Barbara Andrews, Assistant County Attorney

Speakers: Susie Waldkamp, neighbor

(Continued on Tape No. 46)

Commissioner Stewart moved to table Docket #SPR-01-084, Howser Residence, 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. (438)

2:00 p.m.

Land Use Matter:

Public Hearing: Docket #SE-01-29 (City of Boulder/Boulder Rural Fire Protection District BLA); Subdivision Exemption for a Boundary Line Adjustment between two parcels in exchange for a conservation easement on another parcel (located northeast of Boulder, at the northwest corner of Jay Road and the Longmont Diagonal, in Section 16, T1N, R70W): (2:06 – 2:40) (447, Tape No. 46/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.

[Note: Commissioner Stewart was excused from this item.]

Presenters: Greg Oxenfeld, Land Use Department

Chuck Simmons, President, Boulder Rural Fire Protection District

Wally Cameron, City of Boulder Open Space Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Ricky Weiser, 4020 N. 75^th St.

Ron Lewisberg, adjacent property owner

Eileen Lewisberg, adjacent property owner 

Commissioner Danish moved to approve Docket #SE-01-29, City of Boulder/Boulder Rural Fire Protection District boundary line adjustment, in accordance with staff recommendations, commitments of record, and the condition suggested by the County Attorney. Commissioner Mendez seconded the motion.

VOTE: STEWART, excused; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1089) 

3:00 p.m.

Land Use Matter:

Docket #BVCP-99-01(b) (Boulder Valley Comprehensive Plan Year 2000 Major Update: Amendments to Policies) and Docket #BVCP-99-01(c) (Boulder Valley Comprehensive Plan Year 2000 Major Update: Land Use Designations and Definitions) (Tabled from 7/10/01, 7/26/01 & 7/31/01): (3:02 - ) (1131, Tape No. 46/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

The public hearing was reopened.

Speakers: Bill Reynolds, regarding Section 22a & 22b

Commissioner Stewart moved to reconsider and support Light Industrial (regarding 22b) and to send it back to the Planning Commission. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1569) 

Commissioner Stewart moved to accept the Jobs to Housing policy conditioned upon the City of Boulder agreeging to the following condition: That following the conclusion of the study of the Jobs to Housing issue, the City staff will initiate an update to accomplish the Jobs to Housing policy. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1645)

Commissioner Stewart moved to approve the map decisions as submitted and that be considered a final decision. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1670)

10:00 a.m.

(10:05 – 11:20) (1671, Tape No. 45/counter mode)

1. Docket #LU-01-07 (Osborn LU); Limited Impact Special Review for 4,400 cu.yds. of earthwork and the construction of a 7,656 sq.ft. residence (above grade=4,836 sq.ft./below grade=2,820 sq.ft.) (located at 495 Cutter Lane, Tract 5 of Carriage Hills Estates, in Section 10, T1N, R71W) (Tabled from 5/29/01 & 7/17/01): (2080, Tape No. 45) (20 min.)

Presenters: Todd Tucker, Land Use Department

Commissioner Danish moved to table Docket #LU-01-07, Osborn limited impact special review, until September 6, 2001, at 10:00 a.m. (business meeting), and that staff be provided amended materials a week prior to the next hearing. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3045) 

2. 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) (Tabled from 7/10/01 & 7/26/01): (1671, Tape No. 45) (20 min.)

Presenters: Todd Tucker, Land Use Department

Barbara Andrews, Assistant County Attorney

Commissioner Stewart noted that he would not be participating in the decision because he was not present for the prior hearings, but expressed his support for assisting applicants with an application and funding of historic landmarking of the property.

ACTION 

Commissioner Danish moved approval of Docket #SPR-01-073, Patterson Residence, in accordance with conditions and recommendations of staff. Commissioner Mendez seconded the motion.

VOTE: STEWART, abstain; MENDEZ, aye; DANISH; aye. Motion passed 2-0. (1808)

ACTION 

Commissioner Danish moved to amend the approval of Docket #SPR-01-073, Patterson Residence, to include a condition that if there is no suitable use for the historical house prior to issuance of a Certificate of Occupancy, there may be a second hearing before this Board to review the status of the property. Commissioner Mendez seconded the motion.

VOTE: STEWART, abstain; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (2000) 

CONSENT ITEMS:

3. Finance Division: Warrants Issued Report for July 

4. Treasurer: Abatement and cancellation of various personal property/ mobile home/oil & gas production and uncollectable bankruptcy taxes, 1995 - 2000 (total $32,641.61)

5. County Attorney’s Office: Mechanics Lien Letter, Notice of Property Restrictions, Access Agreement, Access Easement, First Amendment to Purchase Agreement; Amendment: All documents relevant to the closing on the Cemex property, and authorization for the Chair or if the chair is not available, Jan Burns, to sign the necessary closing documents (Cemex property)

6. Transportation Department contracts with Western Mobile Denver/ LaFarge:

a. North 95^th Street overlay & shoulder widening project ($549,555.20);

b. County Road 130 reconstruction & widening project ($298,395);

c. Independence Road & North 57^th Street overlay project ($167,638)

7. Other contracts:

a. Sheriff -- agreement with the U.S. Forest Service/Roosevelt National Forest for law enforcement services (revenue);

b. Parks and Open Space -- purchase agreement for the Leonard property ($1,350,000);

c. Workforce Boulder County -- contract with the Colorado Department of Labor & Employment for the Welfare to Work Mentoring Program ($30,000);

d. Architects -- Change Order #1 to the continuing services con-tract with DMJN, Inc. to add the Justice Center addition to the list of projects (up to $200,000)

8. Authorization for the Board to go into Executive Session on Wednesday, August 8^th, as follows:

a. 9:30 a.m. with Margaret Parish, Budget Office, 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

Presenter: Susan Purcell, County Attorney for Parks and Open Space Department (Item No. 5)

Commissioner Danish moved to approve Item Nos. 3 through 8. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3164) 

Commissioners Matters:

9. Personnel Actions:

Presenter: Joe Heard, Human Resources

The following personnel actions were considered and approved by the Board: Submittal of the July hirings above entry; Request from District Attorney to convert Investigator II position to Deputy District Attorney I, part time.

10. Ratification of the 8/2/01 Commissioners’ signatures on Resolution 2001-111, proclaiming Barrie Hartman Day:

Commissioner Stewart moved to approve Item Nos. 3 through 8. Commissioner Danish seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3255)

Elected Officials and Department Heads Matters:

11. Clerk and Recorder: Request to extend hours at the Boulder office on Saturday, October 27^th for the issuance of ballots (8:00 a.m. to noon):

Presenter: Nancy Jo Wurl, Clerk and Recorder’s Office

ACTION

Item No. 11 was tabled until Tuesday, August 14, 2001.

12. Sheriff: Statement of Grant Award from the Division of Criminal Justice for the Boulder County Improved Response Capabilities program ($6,092):

Presenter: Jim Smith, Sheriff’s Department

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (3446)

13. Parks and Open Space Department: Request for bid waiver for professional services related to the County’s purchase of excess water from Western Mobile/LaFarge (up to $15,000):

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

VOTE: STEWART, abstain; MENDEZ, aye; DANISH, aye. Motion passed 2-0. (3471)

14. Sheriff and Architects: Request for bid waiver to upgrade the master control systems at the jail (Easter Owens Company -- estimated $98,000):

Presenter: Wayne Kuhn, Architects Division

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

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (3500)

Board of Social Services Matters:

The Board of Commissioners convened as the Board of Social Services for the purpose of considering Item No. 15, after which they reconvened as the Board of County Commissioners.

15. Social Services Department: Renewal of the drug & alcohol treatment & monitoring contract with the Boulder County Health Department ($91,726):

Commissioner Stewart moved to approve Item No. 15. Commissioner Mendez seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (3512)

Administrative Matters:

16. Scheduling and Communications:

Presenter: Susan Ashcraft, Deputy

a. Courts meeting confirmed, 10:00 a.m. 10/15

b. Youth Corps picnic to be held 8/9 from 11:00 to 1:00;

c. Board has conflict with meeting time set for Metro Area Commissioners’ Meeting in Jefferson County

17. L.W. Morrow: Short presentation on the feasibility of alternate vehicles: (5 min.) (3520, Tape 45)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:15 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.]