MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, SEPTEMBER 27, 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 Thursday, September 27, 2001.

The meeting was called to order at approximately 9:00 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 #SPR-01-117 (Spencer Residence, Pool House & Garden Shed); Site Plan Review for the construction of a 14,831 sq.ft. residence (above grade=12,096 sq.ft./below grade=2,735 sq.ft./finished floor area=13,444 sq.ft./unfinished floor area=1,387 sq.ft.), pool house (above grade=4,425 sq.ft./finished floor area=4,425 sq.ft.), and garden shed (above grade=378 sq.ft./finished floor area=378 sq.ft.) (located at 7570 North 83^rd Street, in Section 29, T2N, R69W) (Tabled from 0/11/01): (9:05 – 9:35) (2546, Tape No. 53/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: Todd Tucker, Land Use Department

Tracy Spencer, Applicant

Present: Barbara Andrews, Assistant County Attorney

Speakers: John Schlegel, neighbor

Pat Murphy, Niwot, neighbor 

Commissioner Stewart moved to table Docket #SPR-01-117, Spencer Residence, Pool House and Garden Shed, until October 16, 2001, at 10:00 a.m. (business meeting). Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3350)

11:00 a.m.

Public Hearings on proposed acquisitions for Open Space and other matters: (11:00 – 11:30) (0001, Tape No. 54/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: Mel Stonebraker, Parks and Open Space Department (1)

Emy Brawley, Parks and Open Space Department (2, 3, 4, 5)

Jan Burns, Parks and Open Space Department (6

Present: Ben Pearlman, Assistant County Attorney

Speakers: Ricky Weiser, 4020 N. 75^th Street (1)

Sylvia Pettem, 741 Francis Street, Longmont (2)

Anne Dyni, 722 Park Lake Drive, Boulder (2)

Ann Lawrence, 204 Gold Run Rd. (2)

1. Suitts Property -- joint purchase with the City of Boulder of 142 acres of irrigated farmland located at the southwest corner of 75^th Street & Nelson Road, including a division of land to create a 5-acre parcel that will be owned solely by the county: (0001)

Commissioner Danish moved to accept staff recommendation for the acquisition of the Suitts Property. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (144)

2. Dee Bailey Property -- purchase of the Bailey home, historical personal property, and an assay office (which will be set up as a museum) on a .84-acre lot in Fourmile Canyon: (150)

Commissioner Danish moved to accept staff recommendation for the acquisition of the Dee Bailey Property. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (316)

3. Mayhoffer III Property -- purchase of 154 acres of agricultural land located at the southeast corner of 104^th Street & State Highway 42: (320)

Commissioner Stewart moved to accept staff recommendation for the acquisition of the Mayhoffer III Property, with the financing to be accomplished through use of $3.6 million of the $5 million Northwest Parkway funds. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (354)

4. Neumann Property -- purchase of 11.36 acres at the end of County Road 83, which is a popular recreation area and a proposed trail corridor: (360)

Commissioner Danish moved to accept staff recommendation for the acquisition of the Neumann Property. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (396)

5. U.S. Forest Service Exchange -- County proposes a disposition of a number of mining claims pursuant to the land exchange between Boulder County, the U.S. Forest Service and the Bureau of Land Management: (496)

Commissioner Stewart moved to accept staff recommendation for the U.S. Forest Service property exchange. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (436)

6. IBM Property -- joint purchase with the City of Boulder of 185.735 acres of vacant irrigated agricultural land located north of the IBM plant, along the north side of Monarch Road, west of North 71^st Street, southwest of Dodd Reservoir: (436)

Commissioner Danish moved to accept staff recommendation for the acquisition of the IBM Property. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (540)

1:30 p.m.

Public Hearing: Consideration of reapportionment of County Commissioners districts: (1:35 – 1:45) (560, Tape No. 54/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: Dale Case, Land Use Department

Larry Hoyt, County Attorney

Speakers: None

Commissioner Stewart moved adoption of Scenario 2. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (760)

Commissioner Stewart moved to adopt Resolution No. 2001-140, for reapportionment. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (940)

2:00 p.m.

Public Hearing: Docket #DC-01-04 (Boulder County Land Use Code Text Amendments); Proposed Amendments to Articles 3, 4, 8, 9, and 15 of the Boulder County Land Use Code, to implement Colorado House Bill 1088 (regarding required notice of proposed surface development to severed mineral interest owners/lessees) and CRS 29-20-108 as amended by Colorado House Bill 1195 (regarding processing of Local Land Use applications for major electrical and natural gas facilities of public utilities and power authorities), and to make other changes to the Process-Related Provisions of the Boulder County Land Use Code: (2:00 – 2:32) (765, Tape No. 54/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: Barbara Andrews, Assistant County Attorney 

Speakers: Robin Byers, City of Boulder

Ed Byrne, City of Boulder

Commissioner Stewart moved approval of staff recommendations concerning Docket #DC-01-04, Boulder County Land Use Code Text Amendments pertaining to House Bill 1088. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, no; STEWART, aye. Motion carried 2-1. (1520) 

2:30 p.m.

Land Use Matter:

Public Hearing: Docket # SE-01-34 (Gunderson SE Amendment); Amendment to Docket #SE-93-41 to increase the total square footage of the dwelling from 1,500 sq.ft. to 2,338 sq.ft. (located at 12335 Quicksilver Road, ½ mile west of East County Line Road, on the north side of Quicksilver Road, in Section 12, T2N, R69W: (2:32 – 2:50) (1530, Tape No. 54/counter mode)

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

Presenters: David Callahan, Land Use Department

Michael Gunderson, applicant

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Stewart moved to table Docket #SE-01-34, Gunderson subdivision exemption amendment, until October 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. (1873)

3:00 p.m.

Public Hearing: Closure status of County Road 102J (Tabled from 9/11/01): (3:02 – 5:30) (1885, Tape No. 54 through 959, Tape No. 55/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: Mike Thomas, Transportation Department

Christine Walsh, U.S. Forest Service, 2140 Yarmouth, Boulder

Present: Leslie Lacy, Assistant County Attorney

Speakers: Alice Starek, P.O. Box 37, Ward (owner of Gold Lake)

Kate Rogerson, 2110 Jackson St., Golden

Ray Babcock, Box 413, 437 Evans, Lyons

J.J. Hill, Lee Hill, 1222 CR 87J, Jamestown

John Howell, 8312 Greenwood Dr., Niwot

Joe Ryan, 1209 Rock Lake Rd., Ward

John Daspit, 8600 L.H.C., Jamestown

Nancy Dieterich, 76 Mesa (P.O. Box 1243), Jamestown

Danielle Goehring, 2079 Riverside Dr., Lyons

Audrey Ydaillo, 35 Main St.,

Brian Morsk, Box 303, Jamestown

Dora Babcock, Box 413, Lyons

Gene King, 8076 W. 90^th Dr., Westminster

Scott Avery, 2600 S. Rock Creek Way

Colleen Williams, P.O. 110, Jamestown

Eddie Ermeial, 40 Main St., Jamestown

Kirk Cunningham, 1842 Canyon Blvd #201, Boulder

Chuck Hoylman, 8401 N. Foothills Hwy, Boulder

Leon F. Hill, 1222 CR 87J

Mark Williams, P.O. Box 110, Jamestown

Alex Meeker, P.O. Box 294, Jamestown

Nancy Edelstein, P.O. Box 244, Jamestown (Jamestown Town Board)

Justine Sanchez, Off GL Rd., Ward

Karen Sheren, P.O. Box 29, Jamestown

Sandra Levitt, Box 129, Jamestown

(Continued on Tape No. 55)

Cleg Holiman, P.O. 291, Jamestown

Jenny Ridder, Nederland

Robert Schleichen, Niwot

Roz McClellan, 1567 Twin Sisters Rd., Nederland

David Thorndike, Jamestown

Karen Zebco, 102J, Jamestown

Bela Amadin, Jamestown

Adam Elbert, Longmont, Trail Runners 4WD

Terry DeRace, Left Hand Canyon

David Keyak, 8 Main St., Jamestown

Gelba Sheff, Jamestown

Natalie Newman, Jamestown Trustee 

The public hearing was closed.

Board discussion begins at 800, Tape No. 55. 

By consensus, the Board agreed to keep 102J closed and that the study of the area currently in progress be continued.

10:00 a.m.

(10:07 – 11:00) (3354, Tape No. 53/counter mode) 

1. Docket #SPR-01-100 (Dalby Residence); Site Plan Review for the construction of a 4,060 sq.ft. residence (above grade=approximately 3,200 sq.ft./below grade=860 sq.ft./finished floor area=3,070 sq.ft./unfinished floor area=990 sq.ft.) (located at 261 Bonanza Drive, Lot 79, Bonanza Mountain Estates Subdivision, in Section 08, T1S, R72W) (Tabled from 9/4/01 & 9/18/01): (15 min.) (3354, Tape No. 53)

Presenters: Graham Billingsley, Land Use Director

Ben Wright, applicant

Barbara Andrews, Assistant County Attorney

Scott Arbaugh, architect

James Westfall, 3901 Ridge Road, neighbor

Todd Weasler, neighbor

Commissioner Danish moved to table Docket #SPR-01-100, Dalby Residence, indefinitely. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3900)

2. Application for use of the Courthouse Lawn from the Rocky Mountain Peace and Justice Center for an educational event Saturday, September 29^th (noon - 4:00 p.m.):

Item No. 2 was noted for the record.

CONSENT ITEMS:

3. Treasurer: Abatement and cancellation of various personal property/ mobile home/oil & gas production and uncollectible bankruptcy taxes, 1994 - 2000 (total $14,812.08):

4. Parks and Open Space Department: Purchase Agreement for the Mans property:

Commissioner Stewart moved approval of Item Nos. 3 and 4. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (3927)

Commissioners Matters:

5. Personnel Actions:

Presenter: Joe Heard, Human Resources Department

The Board considered a personnel action from the Parks Department requesting increase of a sales-tax funded one-half time attorney to full time, to be 100% funded until the end of 2001, and thereafter to be funded 70% by Parks and 30% by the County Attorney.

Commissioner Danish moved approval of Item No. 5. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, abstain. Motion carried 2-0. (4093)

6. Media Information Officer request for a bid waiver for design, printing and delivery of the mail-in ballot informational newspaper insert (Mercury Design Group -- $23,903):

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4044)

Elected Officials and Department Heads Matters:

7. Transportation Department: Resolution 2001-139, approving No Parking for both sides of Corriente Place in Palo Park Subdivision:

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4048)

8. Parks and Open Space Department:

a. Award of Bid #4236-01, One-Ton Crew Cab Pick-up (with Parks Chevy Suburban as trade-in), to Sill Terhar Ford ($1,687 credit, of which a portion will be used to purchase a winch for the new pick-up and the rest returned to the General Fund) (NOTE: County must provide trade-in vehicle & title to Sill Terhar within 15 days of bid award):

b. Grant application to the Colorado Historical Society for funds to help acquire the Wall Street Assay Office ($100,000), with request to waive admin costs ($2,978):

c. Grant application to the Colorado Historical Society for funds to help with the Monteau/Geer homestead rehabilitation project ($106,500), with request to waive admin costs ($3,171):

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, abstain. Motion carried 2-0. (4126)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4135)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4164)

9. Longs Peak Energy Conservation: Grant application to City of Boulder Housing for the Mobile Home Assistance Program ($230,000), with request to waive admin costs ($7,898):

Presenter: Amy Hollander, Longs Peak Energy

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4262)

Administrative Matters:

Presenter: Susan Ashcraft, Deputy

a. 10/30 open house of weatherized house from 12 – 1 p.m., BOCC invited

Items Amended to the Agenda:

11. Parks and Open Space Department: Request for approval/signature of agreement with AT&T for placement of cell phone antenna:

Presenter: Mel Stonebraker, Parks and Open Space Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4320)

12. Transportation Department request for approval of letter to Denver Regional Council of Governments stating County’s priorities for road improvement projects:

Presenter: Commissioner Stewart

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4356)

13. Presentation by Betty James, People for Equal Protection and Alienated Parents’ Association, concerning impeachment of Sheriff George Epp: (4360) (15 min.)

No action was required concerning this item; information only.

14. County Attorney: Request for executive session for the purpose of imparting legal advice, to be held after today’s 11:00 a.m. agenda item:

Presenter: Larry Hoyt, County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4961)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 5:45 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.]