MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, AUGUST 21, 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 21, 2001.

The meeting was called to order at approximately 9:05 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:

Public Hearing: Docket #EP-99-07 (Kugel NUPUD/Thompson); Exemption Plat to allow the replacement of an existing residence on Lot 4A of Kugel NUPUD Replat A, including a transfer of residential square footage within the NUPUD (located at 8111 Ute Highway, Kugel NUPUD, northwest of Longmont, north of Highway 66, ¾ mile west of North 87^th Street, in Section 19, T3N, R69W) (Tabled from 9/28/99, 10/14/99, 10/19/99, 11/16/99 & 5/24/01): (9:05 – 9:18) (284, Tape No. 47/DAT recorder, "counter" mode)

Legal notice was published in the newspaper of record in accordance with the statutory or regulatory requirements pertaining to this matter.

Presenters: Greg Oxenfeld, Land Use Department

Randy Thompson, applicant

Present: Larry Hoyt, County Attorney

Speakers: None

Commissioner Stewart moved approval of Docket #EP-99-07, Kugel NUPUD/Thompson, exemption plat, in accordance with staff recommendations and commitments of record by the applicant. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (498)

11:00 a.m.

Board of Social Services monthly meeting: (11:34 – 11:44) (2023, Tape No. 47/DAT recorder/counter mode)

The Board of Commissioners convened as the Board of Social Services to conduct the Social Services Monthly Board Meeting, whereupon it reconvened as the Board of County Commissioners. This meeting is tape recorded, but minutes of the proceedings are kept separately by the Social Services Department staff, a copy of which may be found in the agenda file pertaining to this date’s proceedings.

2:00 p.m.

Public Hearing on proposed acquisitions: (2:06 – 2:25) (2318, Tape No. 47/DAT recorder, "counter" mode)

Legal notice was published in the newspaper of record in accordance with the statutory or regulatory requirements pertaining to this matter.

Presenters: Ellen Flannelly, Parks and Open Space Department

Emy Brawley, Parks and Open Space Department

Rich Koopmann, Parks and Open Space Department

Present: Ben Pearlman, Assistant County Attorney

Speakers: John Grunner, Vice President, Boulder and Left Hand Ditch Company (re: Twin Lakes)

Ricky Weiser, 4020 N. 75^th St. (re: Twin Lakes)

a. Rowan – fee interest in a .77 acre mining claim located just off Fourth of July Road, northwest of Eldora;

a. Gaffney Mineral Rights - purchase of the severed mineral rights from various owners under the Gaffney property to exchange with the BLM;

b. Gail - division of land to create two lots on approximately 25 acres, to be retained by Seller, in conjunction with the fee purchase of the remaining 55 acres located north of Lefthand Canyon Drive and directly south of the Ruth Reynolds property;

c. Lainson - fee interest in approximately 15 acres of irrigated farmland located on the southeast corner of Isabelle Road and Highway 42;

d. Steen/Johnson - purchase from the Johnson family of the remaining undivided ½ interest in three mining claims (approximately 9 acres) purchased with the Steen property;

e. Tallman - seven patented mining claims totaling approximately 29 acres, west of Fourth of July Road;

f. Twin Lakes - fee interest in 42 acres of land that have two reservoirs located on it, along with a recreation easement on the two lakes:

Commissioner Danish moved approval of the Rowan property, Gaffney Mineral Rights, Gail property, Lainson property, Steen/Johnson property, and Twin Lakes property acquisitions (in separate motions), in accordance with staff recommendations. Commissioner Stewart seconded the motions.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motions carried 3-0. (2364, 2419, 2490, 2522, 2547, 2768)

Commissioner Stewart moved approval of the Tallman property acquisition in accordance with staff recommendations. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2575)

3:00 p.m.

Public Hearing: Inducement Resolution for UCAR bonds: (3:03 – 3:13) (2823, Tape No. 47/DAT recorder, "counter" mode)

Legal notice was published in the newspaper of record in accordance with the statutory or regulatory requirements pertaining to this matter.

Presenters: Pat Mayne, Assistant County Attorney

Dan Wilson, UCAR Director of Treasury

Speakers: None

Commissioner Stewart moved adoption of Resolution No. 2001-^, Inducement resolution for issuance of UCAR bonds. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3050)

10:00 a.m.

(9:18, 10:30 – 11:00) (535, Tape No. 47/DAT recorder/counter mode)

1. Docket #SPR-01-068 (Dehler Garage/Barn); Site Plan Review for the construction of a 1,554 sq.ft. garage/barn (above grade=1,554 sq.ft./ unfinished floor area=1,554 sq.ft.)(located at 10000 Phillips Road, Lot 6, Granja Este, in Section 9, T1N, R69W) (Tabled from 7/17/01):

Commissioner Stewart moved to table indefinitely Docket #SPR-01-068, Dehler Garage/Barn site plan review, at the request of applicant. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (535)

2. Application for use of the Justice Center parking lot from Boulder Creek Events for Hometown Fair exhibitor parking (September 1-3)

Item Nos 2 and 3 were noted for the record.

CONSENT ITEMS:

4. County Attorney’s Office: Resolution 2001-113, conditionally approving Docket #SI-01-02 (Town of Erie Activities of State Interest Request/HB 1041)

5. Aging Services Division -- Notification of Grant Awards from the Colorado Department of Human Services:

a. Older Americans Act Title III & Title VII ($633,256);

b. Older Coloradans Program Long Bill & 1079 ($184,493)

6. Community Corrections/IMPACT contract renewals for Senate Bill 94 services:

a. Mental Health Center of Boulder County, for community-based services oversight & support (not to exceed $100,000);

b. Boulder County Health Department, for evaluations, monitoring & treatment ($56,130);

c. Boulder Preparatory High School, for education ($10,050)

7. Bid Awards to the lowest, most responsible bidders:

a. Road Maintenance #4221-01, Annular Steel Culvert, to Contech Construction Products ($20,784.08);

b. Treasurer’s Office #4223-01, Advertising Services, to the Daily Camera (real property $11,279) and the Times-Call (personal property & mobile homes $4,479)

8. Human Resources Division: Renewal of the employee benefit plan contract with the Mental Health Center of Boulder County (amount depends on services performed)

9. Parks and Open Space Department: Agricultural lease renewals with Randy Adler for the Marvin Swanson North Open Space and the Pace Open Space properties (revenue)

10. Open Space documents:

a. Mechanics Lien Letter, Assignment of Royalties (Hamouz property);

b. Restrictive Covenant, Easement Deed, Quitclaim Deed (Marlatt Boundary Line Adjustment);

c. Mechanics Lien Letter, Property Restriction Notice (Wolcott 2 property);

d. Mechanics Lien Letter, Property Restriction Notice (Neal property)

11. Authorization for the Board to go into Executive Session at 11:00 a.m. on Wednesday, August 22^nd, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice

Commissioner Stewartmoved approval of Item Nos. 4 through 11. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (575)

Commissioners Matters:

12. Personnel Actions:

None

13. Letter of welcome to the Thirteenth Annual Multicultural Awards Banquet:

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (582)

14. Letters of support for trail grant applications to Great Outdoors Colorado:

a. Town of Lyons (whitewater improvements for the North St. Vrain River at Meadow Park);

b. City of Longmont (Sandstone Ranch improvements);

c. Boulder County/City of Lafayette (trailhead on Public Road for the Coal Creek Trail):

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (628)

15. Letter to Chief Dale Bosworth, U.S. Forest Service, supporting the Roadless Area Conservation Rule:

Commissioner Stewart moved approval of Item No. 15. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (633)

16. Applications to serve on the Employee of the Month Committee:

Commissioner Danish moved to appoint Ruth Rivera and Gene Jackson to serve on the Employee of the Month Committee. Further, that the District Attorney’s Office decide who should serve: Cindy Taylor or Neele Finegold. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (655)

Elected Officials and Department Heads Matters:

17. County Attorney’s Office:

a. Division of Emergency Services Funds between the Boulder Emergency Squad and the Longmont Emergency Unit;

b. Almquist Parcel 5 closing documents (Cooperative Agreement between Boulder County and Commodity Credit Corporation for the Farmland Protection Program, Second Amendment to Purchase Agreement, Amendment to Deed of Conservation Ease-ment/Parcel 4, Restrictive Covenant Running With Water Rights & Land/Parcel 4 for 10% interest in 20 shares of Boulder & Whiterock Water, Deed of Conservation Easement/Parcel 5, Restrictive Covenant Running With Water Rights & Land/Parcel 5; Restrictive Covenant Running With Land/Parcel 5, Subordination Agreement, Mechanics Lien Letter, Property Restriction Notice):

Presenters: Robert Gunning, Assistant County Attorney

Brian Dillman, Boulder Emergency Squad

Lee Lehr, Longmont Emergency Squad

Shelly Bailey, Assistant County Attorney (Item b)

Commissioner Danish moved approval of Item No. 17a, as follows: That Boulder Emergency Squad receive 60% of available funding and that Longmont Emergency Unit receive 40% of available funding, with additional covenant. Commissioner Stewart seconded the motion.

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

Commissioner Stewart moved approval of an additional $500,000 for the purchase of vehicles through an open bidding process. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1250)

Commissioner Stewart moved approval of Item No. 17b. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1278)

18. Land Use Department:

a. Gateway Park Fun Center application to the City of Boulder for out-of-city water & sewer service;

b. Proposed alterations to historic structures at the New Cardinal Townsite:

Presenters: Pete Fogg, Land Use Department

Denise Grimm, Land Use Department

Speakers: Lexie Betters

Ed Raines

Peter Brady

Commissioner Stewart, regarding Item No. 18a, moved to accept the staff’s recommendation to forward the Board’s opinion that this is an inappropriate annexation. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1346)

Commissioner Stewart moved to table Item No. 18b until the September 4 business meeting. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1960)

19. Parks and Open Space Department: Town of Ward Option Agreement and associated property purchases:

Presenter: Ariel Steele, Parks and Open Space Department

Commissioner Danish moved approval of Item No. 19. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2011)

20. Transportation Department: Intergovernmental Agreement with the Colorado Department of Transportation and the City of Longmont for the SH 119/Ken Pratt Boulevard Extension (SH 287 to County Line Road):

Presenter: Larry Matel, Transportation Director

Commissioner Stewart moved approval of Item No. 20. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2023)

Administrative Matters:

21. Scheduling and Communications:

None

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:13 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.]