MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, SEPTEMBER 4, 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, September 4, 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 Matters:

Public Hearing: Docket # LU-01-14 (Buzas LISU); Limited Impact Special Use Review for grading approximately 797 cu.yds; and a Site Plan Review for a 10,776 sq.ft. house (above grade=6,993 sq.ft./ finished floor area=3,783 sq.ft./garage=2,785 sq.ft./ covered deck= 425 sq.ft.) (located at 7716 Rodeo Drive, Lot 1 of Oxford Farm NUPUD, in Section 26, T2N, R69W): (9:03 – 9:15) (1621, Tape No. 48/DAT recorder, "counter" mode) [Note: First part of meeting was not recorded.]

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

[Commissioner Stewart was excused from this item.]

Presenters: David Callahan, Land Use Department

David Adamson, Lakota Homes, Inc. (for applicant)

Present: Barbara Andrews, Assistant County Attorney

Speakers: Larry Box, 7224 Nebraska Way

Commissioner Danish moved approval of Docket #LU-01-14, Buzas limited impact special review, in accordance with staff recommendations, with a request to staff that additional research be done concerning the status of this lot as a building site. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (1623)

2. Public Hearing: Docket #SE-01-28 (Handley/Goodnow BLA); Subdivision Exemption for a Boundary Line Adjustment to recognize an agreed-upon property line between the Goodnow and Handley properties, and a Site Plan Review for a new 1,800 sq.ft. residence (above grade=1,350 sq.ft./below grade=450 sq.ft.) (located at 47736 Peak to Peak Highway, in Section 20, T2N, R72W): (9:15 – 9:25) (1648, Tape No. 48/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.

[Commissioner Stewart was excused from this item.]

Presenters: David Callahan, Land Use Department

Vija Handley, P.O. Box 3039, Boulder

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Danish moved approval of Docket #SE-01-28, Handley/Goodnow boundary line adjustment, in accordance with staff recommendations, and conditioned upon approval by the fire district. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (1852)

11:00 a.m.

Public Hearing: Docket #DC-01-02 (Boulder County Land Use Code Text Amendments -- Article 8, Areas & Activities of State Interest): (11:00 – 11:30) (2800, Tape No. 48/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: Graham Billingsley, Land Use Director

Present: Barbara Andrews, Assistant County Attorney

Speakers: Naomi Rachel (RAID)

Pedro Allejo

Ben Binder, 720 S. 41^st St.

Kurt Cunningham, 1822 Canyon Blvd. (Sierra Club)

Evelyn Feinbert, 335 17^th St.

Bruce Bland, 1340 Lehigh

Cindy Carlisle, 411 Spruce St.

Ricky Weiser, 4020 N. 75^th St.

Commissioner Stewart moved to adopt the regulations concerning natural hazard areas as recommended by staff, and that the text amendments be remanded to the Planning Commission for further consideration, and that this matter be tabled for further consideration until October 9, 2001, at 9:00 a.m. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3419)

2:00 p.m.

Parks & Open Space Department:

Public Hearing: Recommendations for trail use on Heil Valley Ranch: (2:05 – 2:45) (3460, Tape No. 48/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: Therese Glowacki, Parks and Open Space Department

Speakers: Suzanne Webel, representing Boulder County Horsemen’s Association

Jim McKee

Eric Vogelsberg

Commissioner Danish moved approval of the staff’s recommendations for the Heil Valley Ranch Open Space. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, no; DANISH, aye; STEWART, aye. Motion carried 2-1. (4788) 

2:45 p.m.

Land Use Matter:

Public Hearing: Docket #BCCP-01-01 (Boulder County Comprehensive Plan Amendments: Text Amendments to Transportation Policies -- Bikeways Element and to the Bikeways Map): (2:45 – 3:00) (4812, Tape No. 48 through 177, Tape No. 49/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: Denise Grimm, Land Use Department

Scott Robson, Transportation Department

(Continued on Tape No. 49)

Speakers: Ben Wright, 261 Bonanza, Nederland

Commissioner Stewart moved approval and to ask the Planning Commission to include language which speaks to the safety concerns for motorists as well as bicyclists. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (177)

3:00 p.m.

Land Use Matter:

79, Bonanza Mountain Estates Subdivision, in Section 08, T1S, R72W): (3:05 – 4:05) (207, Tape No. 49/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: Graham Billingsley, Land Use Director

Ben Wright, applicant

Scott Unwin, architect

Speakers: Nancy Williams, 178 Bonanza Drive

Sue Herring, 262 Bonanza Drive

Lexie Betters 

Commissioner Stewart moved to table Docket #SPR-01-100, Dalby residence, until September 18, 2001, at 10:00 a.m. (business meeting). Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1485)

10:00 a.m.

(10:03 – 10:40) (1869, Tape No. 48/counter mode)

1. Proposed alterations to historic structures at the New Cardinal Townsite (Tabled from 8/21/01): (10 min.) (1869, Tape No. 48)

Presenter: Denise Grimm, Land Use Department

Commissioner Stewart moved approval of staff recommendations concerning alterations to historic structures at the New Cardinal Townsite, with the addition of a modification that the second structure have a shed roof. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2016)

CONSENT ITEMS:

2. Treasurer: Abatement and cancellation of various personal property/ mobile home/oil & gas production and uncollectible bankruptcy taxes, 1994-2000 (total $33,840.38)

3. Parks and Open Space Department:

a. Warner Open Space agricultural lease renewal with Warren Bashor (revenue);

b. Marvin Swanson South Open Space agricultural lease renewal with Famuer Rasmussen, Jr. (revenue);

c. Russell/Anderson Open Space agricultural lease renewal with Richard Kelly (revenue);

d. Mechanics Lien Letter (Imhoff property);

e. Purchase Agreement with Norman Bowers (Town of Nederland)

Commissioner Stewart moved approval of Item Nos. 2 through 4. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2038)

Commissioners Matters:

5. Personnel Actions:

None

6. Request for bid waiver for the replacement of security cameras at the Courthouse (Security Source - $3,550):

Commissioner Stewart moved approval of Item No. 6. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2043)

7. Letter Agreement with the Town of Nederland, whereby Nederland becomes successor lessee of the property at Highway 119 & Highway 72 and agrees to maintain it as a museum and historic site in the event that the current lessee, the Nederland Area Historical Society, defaults:

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2082)

8. Ratification of action previously taken to provide funding to the City of Longmont for emergency support of quarry laborers ($3,000), funds to be taken from the low income energy fund:

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2094)

Elected Officials and Department Heads Matters:

9. Sheriff’s Office:

a. Application to the Victim Assistance and Law Enforcement fund (VALE) to continue the Victim Assistance Program grant ($39,994), with request to waive admin costs ($2,231);

b. Federal Annual Certification Report of funds received by the Drug Task Force;

c. Federal Equitable Sharing Agreement updates to reflect change in BOCC Chair:

Commissioner Danish moved approval of Item No. 9a, Item No. 9b was noted for the record, and Commissioner Stewart moved approval of Item No. 9c. Commissioner Danish seconded the motion concerning Item No. 9a, and Commissioner Stewart seconded the motion concerning Item No. 9c.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2103, 2124)

10. Transportation Department: Special Event Permit for County Roads from the Nederland Chamber of Commerce, for the Neder-Nederland 5K & 10K run/walk on Sunday, September 9^th (9:00 - 11:30 a.m.):

Commissioner Stewart moved approval of Item No. 10. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2132)

11. Architect Division: 2001 surplus vehicle request:

Commissioner Stewart moved approval of Item No. 11. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2137)

12. Head Start: Renewal of the grant-funded meal reimbursement agreement with the State of Colorado ($86,000), with request to waive admin costs ($3,187):

Commissioner Stewart moved approval of Item No. 12. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2143)

Administrative Matters:

13. Sheriff’s Office/Jail Division: Presentation of the Jail Garden Harvest:

Presenter: Doug Cavin, Sheriff’s Department

A basket of fresh produce was presented to the Commissioners.

None

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:05 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.]