MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, JULY 2, 2002

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, July 2, 2002.

The meeting was called to order at approximately 9:01 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Public Hearing: Docket #SI-02-01 (City of Lafayette/City of Boulder Raw Water Project SI-1041); The City of Lafayette has requested a modification of the approved pipeline route in the area of North 75th Street and the Lower Boulder Consolidated Irrigation Ditch, particularly in the vicinity of the ERTL Farm and the Union Pacific Railroad, with regard to the Activities of State Interest Review for the City of Lafayette to construct a diversion intake structure on Boulder Creek between 75th Street and Boulder's new discharge point, and a raw water pipeline from the diversion to Lafayette's Goose Haven Reservoir complex. City of Boulder to relocate the discharge pipeline from the 75th Street wastewater treatment plant to a location on the east side of 75th Street. (Located at 4049 75^th Street, in Sections 13, 16, 17, 18, 19 & 24, T1N, R68W & R69W.) (9:01 – 9:55) (1218, Tape No. 27/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.

Presenter: Todd Tucker, Land Use Department

Present: Larry Hoyt, County Attorney

Speakers: Doug Short, City of Lafayette Public Works Director

Leigh Rouse, ERO Resources Ecologist

Patricia Tisdale, City of Lafayette Attorney

John Young, Attorney

Brad Dallam, Staff Engineer for City of Lafayette

Gary Klaphake, City Administrator for City of Lafayette

Commissioner Danish moved that the board enter into Executive Session to receive legal advice regarding this matter pursuant to CRS 24-6-402(4)(b) Legal Advice. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2030)

Commissioner Stewart moved to approve the modification of Docket #SI-02-01, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as contained within the official record. Commissioner Danish seconded the motion.

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

Public Hearing: Docket #SE-02-10 (Juniper Heights Townsite/Smethills/ Ingalls LR/BLA); Subdivision Exemption for a Lot Recognition and a Boun-dary Line Adjustment within a Townsite (located at 140, 160 & 132 Juniper Heights Road, west of Gross Dam Road and north of Coal Creek Canyon Drive/SH 72, in Section 28, T1S, R71W.) (11:04 – 11:30) (2605, Tape No. 27/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

Present: Larry Hoyt, County Attorney

Speakers: Loretta Smethills, Applicant

Andy Simpson, Attorney representing Applicant

Commissioner Danish moved to table Docket #SE-02-10 to 10:00 a.m. July 30, 2002. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3383)

Public Hearing: Docket SPR-02-074 (Klomhaus Residence); Site Plan Review for the construction of a 3,990 square foot residence (above grade = 3,166 sq.ft./below grade = 824 sq.ft./finished floor area = 3,990 sq.ft./ unfinished floor area = 0 sq.ft.) (located at 9 South Blue Spruce Road, Lot 34, Bonanza Mountain Estates subdivision, in Section 08, Township 1S, Range 72W.) (2:07 – 2:38) (3529, Tape No. 27/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: Heather Stroud, Land Use Department

Present: Larry Hoyt, County Attorney

Speakers: Jaime Klomhaus, Applicant

Jennifer Bayer, 60 Blue Spruce Road South

Al Sadler

Connie Buxenbaum

Dave Clark, 83 Blue Spruce Road

Commissioner Danish moved to table Docket #SPR-02-074 until 10:00 a.m. August 6, 2002. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4523)

1. Docket #SU-01-01 (Columbine Unity Center SU/SSDP); Revised Special Use Review/Site Specific Development Plan application for a 12,630 sq.ft. church with a maximum occupancy of 160 people and 80 parking spaces (original proposal was for a 14,200 sq.ft. church, a 2,300 sq. ft. cottage, 108 parking spaces, and a maximum occupancy of 200 people) (located on the south side of Arapahoe Road, northwest of Lafayette, west of White Hawk Ranch, and south of Park Lake Subdivisions, in Section 32, T1N, R69W) (Tabled from 6/6/02).

Commissioner Danish moved to table Item No. 1 until 10:00 a.m. July 23, 2002. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2179)

2. County Attorney’s Office – Land Use Resolutions:

a. 2002-68, finding that a proposed change to Docket #SU-94-19 (Cottonwood Park Square Special Use) is a substantial modification;

b. 2002-69, conditionally approving Docket # SD-98-02 (Blue Mountain Vista TDR/PUD Preliminary Plan);

c. 2002-72, conditionally approving Docket # SD-01-02 (Westview Acres TDR/PUD Preliminary Plan);

d. 2002-73, conditionally approving Docket # RE-02-02 (White Hawk Ranch 4^th Filing Replat);

e. 2002-74, conditionally approving Docket # EP-02-07 (Paragon Estates/Dart Exemption Plat);

f. 2002-75, conditionally approving Docket # V-01-05/EP-02-02 (Sesnic-Rainford Utility Easement Vacation/Exemption Plat).

3. Architects Division – award of Bid #4327-02, Justice Center Addition, to the lowest, most responsible bidders:

a. Concrete slabs, to Willmark ($386,814.30);

b. Elevators, to Thyssen Krupp (134,500).

4. Architects Division contracts:

a. CoCal Landscape, for Sundquist Building Addition landscaping ($32,280);

b. CBS Carpets, for Sundquist Building Addition carpeting ($31,000);

c. CBS Carpets, for Sundquist Building Addition ceramic tile ($18,300);

d. All Area Acoustics, for Sundquist Building Addition ceilings ($11,800);

e. DMJMH & N, Inc., renewal of the continuing services contract for consulting (not to exceed $175,000).

5. Parks and Open Space contracts:

a. Pine Mountain Contractors, continuing services contract for forestry management prescriptions (not to exceed $75,000);

b. J. Macy Construction, continuing services contract for fencing (not to exceed $75,000);

c. Elizabeth Henits, renewal of the residential lease for the Gage property home ($12,000 revenue);

d. Amendment to Purchase Agreement for the Marigold 41 property, extending the County's contingency period by one week.

6. IMPACT: Revision of Exhibit D to the contract with the Colorado Division of Youth Corrections and the Mental Health Center, regarding State Controller approval.

7. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, July 3rd, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Stewart moved approval of Items No. 2 through 7. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2225)

Commissioners Matters:

8. Personnel Actions.

None.

9. Petitions for Abatement or Refund of Taxes recommended for approval by the Assessor:

a. John Elmendorf, ID #34159 ($2,791.80);

b. Robert & James Tucker, ID #R0058475 ($3,692.54);

c. Sundial HOA, multiple IDs ($3,769.48);

d. August Sirkin, ID #R0141959 ($2,744.42).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2240)

Board of Social Services Matters:

The Board of Commissioners convened as the Board of Social Services for the purpose of considering the following Item No. 10, after which the Board reconvened as the Board of County Commissioners:

10. Social Services Department:

a. Renewal of the drug & alcohol treatment & monitoring contract with the Boulder County Health Department (not to exceed $87,776);

b. Amendment to the training contract with Workforce Boulder County, increasing the amount for TANF support services to $340,000.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2253)

Elected Officials and Department Heads Matters:

11. County Attorney’s Office: Changes to the Coen property documents signed 5/14/02, revising the number of water shares being conveyed by and retained by the Coens.

Presenter: Jan Burns, Parks and Open Space

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2263)

12. Transportation Department – Special Event Permits for County Roads:

a. National MS Society Two-Day, 150-Mile Bicycle Tour on Saturday, July 13^th & Sunday, July 14^th (all day);

b. Mike Horgan Hill Climb on Sunday, July 14^th (9:00 a.m. – 2:00 p.m.)

Presenter: Mike Thomas, Transportation

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2302)

13. Sheriff’s Office:

a. Statement of Grant Award from the Colorado Division of Criminal Justice for the Drug Task Force ($319,842);

b. Request for a bid waiver to repair the right engine on the Duke aircraft (Brungard Aviation -- $34,853.57).

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

VOTE: MENDEZ, aye; DANISH, no; STEWART, aye. Motion carried 2-1. (2311)

Commissioner Danish moved to table Item 13b until 2:00 p.m. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2380)

14. Architects Division: Request for bid waiver for soil hauling from the Justice Center Addition project (Bowen Enterprises – estimated $10,000- $20,000).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2390)

Administrative Matters:

15. Scheduling and Communications.

The Commissioners discussed the possibility of a farewell luncheon for Scott Stull to be held on the 23^rd of July.

16. Land Use Department:

a. Determination on whether to call up Docket #SPR-02-071 (Elings Residence) for public hearing;

b. Determination on whether to call up Docket #SPR-02-088 (Waddle Addition) for public

hearing.

Presenter: Heather Stroud, Land Use

Commissioner Stewart moved to call up Docket #SPR-02-071. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2466)

Commissioner Stewart moved to call up Docket #SPR-02-088. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2490)

17. Authorization to enter into Executive Session for the purpose of:

a. Receiving legal advice pursuant to CRS 24-6-402(4)(b) Legal Advice concerning personnel matters.

b. Discussing personnel matters pursuant to CRS 24-6-402(4)(f) Personnel Matters concerning the position of Community Services Director.

In separate motions Commissioner Stewart moved approval of Items No. 17a and 17b. Commissioner Danish seconded the motions.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motions carried 3-0. (2549) (2573)

At 11:03 a.m. the Board recessed the Business Meeting until 2:03 p.m., at which time it was

reconvened to further discuss Item No. 13b and receive information from Faye Ashley of the Sheriff’s Office. The Board did not act on the item but indicated that the item may be reconsidered after a review of forthcoming documentation is completed by Sheriff Epp.

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:38 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.]