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, May 14, 2002.

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.

Public Hearing: Paving of Yellowstone Road between North 95^th Street and US 287.(9:05 – 9:27) (0284, Tape No. 20/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

Clark Misner, Transportation Department

Speakers: Sam VanWinkel, 9191 Yellowstone Road

Bob Stamp, 9715 Yellowstone Road

Chris Binomo, 10135 Yellowstone Road

Harvey Yokem

Commissioner Danish moved to approve the paving of Yellowstone Road between North 95^th street and US 287, in accordance with staff recommendations and conditions as contained within the official record. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0676)

10:45 a.m.

Public Hearing: Signing of documents for the previously approved purchase of the Coen property.(10:46 – 10:47) (1787, Tape No. 20/DAT recorder, "counter" mode)

The Board of County Commissioners Convened as the Board of Directors of the Gunbarrel Public Improvement District for the purpose of considering the following item, after which the Board reconvened as the Board of County Commissioners:

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

Presenters: Jan Burns, Parks and Open Space Department

1. Documents to be signed by the Gunbarrel Public Improvement Board for the purchase of Coen Property, approved on March 19, 2002;

a. Mechanics Lien Letter;

b. Purchase and Sale Agreement;

c. Restrictive Covenant Running with Water Rights and Land.

Commissioner Stewart Moved to approve Item No.1. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1806)

11:00 a.m.

Public Hearing: Antelope Drive trail and parking lot use.(11:02 – 11:50) (1828, Tape No. 20/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: Kevin Liles, Parks and Open Space Department

Mike Thomas, Transportation Department

Brent Wheeler, Parks and Open Space Department

Present: Ben Pearlman, Assistant County Attorney

Speakers: Andy Dorian

Noriko VanDyk

Walt Kinderman

Commissioner Danish recommended approval of this item in accordance with staff recommendations, with the condition that "No Parking" signs be installed along the road in advance of the parking lot construction, as well as other conditions contained within the official record. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2967)

11:45 a.m.

Colorado Department of Transportation update.(11:51 – 12:18) (3080, Tape No. 20/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: Clark Misner, Transportation Department

Mark Gosselin, CDOT

Karla Harding, CDOT

This item was for information only.

1. Docket #SU-01-12 (Hallman House Kennel SU/SSDP); Special Use Review/Site Specific Development Plan for a kennel with more than 12 dogs or cats (located at 12416 Flagg Drive, east of Lafayette and south of Baseline Road, in Section 1, T1S, R69W) (Tabled from 5/7/02).

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

Pat Mayne, Assistant County Attorney

Present: Barbara Andrews, Assistant County Attorney

Speakers: Ed Byrne, Applicant’s Representative

Commissioner Danish moved to approve Docket #SU-01-12, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as contained within the official record. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1348) 

2. Docket #DC-01-03 (Boulder County Land Use Code Text Amendment); Amendment to Article 18-800, definition of "above grade," and to Article 18-162, definition of "floor area" (Tabled from 4/30/02 & 5/7/02).

Commissioner Danish moved to table Docket #DC-01-03 to 10:00 a.m. May 16, 2002. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1514)

3. Application for use of the Courthouse Lawn from the Village Arts Coalition for an international festival on June 15^th & 16^th (8:00 a.m. – 8:00 p.m.)

This item was noted for the record.

CONSENT ITEMS:

 4. Contracts:

a. Budget Office – non-profit contract with BoulderReads! ($6,055);

b. Architects – contract with Top Notch Masonry for Sundquist Building Addition work ($60,000);

c. Human Resources – contract with Recletics for employee health screenings ($25,000);

d. Coroner – renewal of the pathology services contract with Boulder Valley Pathology ($118,209).

5. Open Space documents:

a. Purchase and Sale Agreement, Mechanics Lien Letter, Restrictive Covenant Running with Water Rights and Land, Deed of Conservation Easement in Gross, Subordination Agreement, Division of Land Notice (Coen Property);

b. Purchase Agreement (Cemex Stone Canyon property).

6. Authorization for the Board to go into Executive Session on Wednesday, May 15th, as follows:

a. 10:30 a.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice;

b. 11:30 a.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(f) Personnel

Matters.

Commissioner Stewart moved approval of Items No. 4 through 6. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1521)

Commissioners Matters:

7. Presentation by Lafayette Elementary School children.

Presenter: Jay Ruggeri, Co-chair for Kid’s Park

Lafayette Elementary School Children presented cookies and cookie dough to the Commissioners in appreciation of their financial contribution to Kid’s Park at Lafayette Elementary School.

8. Personnel Actions.

None.

Elected Officials and Department Heads Matters: 

9. Transportation Department:

a. Intergovernmental Agreement with the Regional Transportation District for the County to fund a travel survey of Longmont residents ($21,500 Transportation Improvement Tax funds);

b. Cover letter for the Longmont Transit Survey;

c. Letter of support to the Denver Regional Council of Governments for final approval of the Longmont Transit Transportation Improvement Project application (The DART).

Presenter: Scott Robson, Transportation

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1531)

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

VOTE: MENDEZ, aye; DANISH, no; STEWART, aye. Motion carried 2-1. (1690)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1697)

Administrative Matters:

10. Scheduling and Communications.

None.

11. Request for Signature of option payment letter to Lilian Trevarton. ($114,985).

Presenter: Matt Adeletti, 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. (1728)

12. District Attorney: Request to amend letter to State of Colorado Attorney General, Ken Salazar.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1777)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 12:18 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.]