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, July 18, 2002.

The meeting was called to order at approximately 9:06 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:

1. Public Hearing: Docket #LU-02-07 (Colorado Hydroponics/Rothe LU); Limited Impact Special Use for a replacement accessory dwelling (located at 5555 Ute Highway/SH 66, east of Lyons and west of North 61st Street, on the north side of Ute Highway/SH 66, in Section 22, T3N, R70W.) (9:06 – 9:55) (1058, Tape No. 29/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: Barbara Andrews, Assistant County Attorney

Speakers: Ed Rothe, Applicant

Sharon Stratton

Commissioner Stewart moved to table Docket # LU-02-07 until 10:00 a.m. August 13, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1045)

2. Public Hearing: Docket #DC-02-07 (Boulder County Land Use Code Text Amendment) Request for Approval of a text and map amendment to Article 6 of the Boulder County Land Use Code to change the status of a receiving area to a sending area and to clarify that land that is currently owned by Left Hand Water District is not a sending or receiving site. (9:56 – 9:58) (1058, Tape No. 29/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: David Callahan

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Stewart moved to approve Docket #DC-02-07, in accordance with staff recommendations. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1099)

Public Hearing: Docket #SPR-02-069 (Duggan Residence); Site Plan Review for the demolition of 2,000 sq.ft. of an existing residence along with construction of 6,000 sq.ft. of new floor area to the residence (located at 2929 South Lakeridge Trail, in Lot 11, Block 2, Lake of the Pines Subdivision, in Section 13, T2N, and R71W). (11:10 – 12:36) (2046, Tape No. 29/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: Phillip Hartigan , Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: John Mehaffy, 1655 Walnut, representing the applicant

Jerry Raisch, President of Lake of the Pines Homeowner’s Association

Michael Berman

Frederick Digert

Bill James, 3039 E. Lakeridge Trail

George Morgenthaler, 2800 N. Lakeridge Trail

Walter Katz, 2901 N. Lakeridge Trail

Gail Shultz 2939 S. Lakeridge Trail

Rudy Wright, 9143 Pine Ridge Lane

Jim Campbell, 2858 S. Lakeridge Trail

Eric Phillips, Wildfire Mitigation Coordinator

Vondell Martin, 2979 S. Lakeridge Trail

Don Culver 2938 S. Lakeridge Trail

Commissioner Danish moved to enter into Executive Session in order to receive legal advice pertaining to Docket #SPR-02-069 pursuant to CRS 24-6-402(4)(b) Legal Advice. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (4192)

Commissioner Danish moved to table the hearing regarding Docket #SPR-02-069 until 10:00 a.m. August 20, 2002. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (4436)

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

Presenters: Erik Tkachenko, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Danish moved to approve Docket #SPR-02-046, in accordance with staff recommendations, with commitments of record by the applicant, with additional conditions as contained within the official record, and with instruction to staff to refund half of the Site Plan Review fees to the applicant. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1245)

2. Petition concerning continued noise problems at the Dry Creek Pumping Plant, 6801 Baseline Road (23 signatures).

This item was noted for the record.

CONSENT ITEMS

3. Sheriff’s Office: Award of Bid #4345-02, Food Service Equipment for the Jail, to the only bidder – United Restaurant Supply ($47,456.25).

4. Land Use Department: Contract with Colorado Code Consulting for building code plan review services (estimated not to exceed $30,000).

5. Parks and Open Space Department: Purchase Agreement for the Coney Island property.

Commissioner Danish moved approval of Items No. 3 through 5. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1303)

Commissioners Matters:

6. Personnel Actions: Request to transfer money from grant funds to the general fund in order to protect FTE’s threatened by State budget cuts.

Presenter: Peggy Jackson, Human Resources Division Manager

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1320)

7. Budget Office – 2002 Budget Supplementals:

a. Information Technology Division ($30,000);

b. Boulder Emergency Services ($8,200).

Presenters: Bruce Knight, Budget Office (7a)

Brian Dillman, Boulder Emergency Services (7b)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1338)

Commissioner Stewart moved approval of Item No. 7b with monies from the Sales Tax fund. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1445)

Elected Officials and Department Heads Matters:

8. Sheriff’s Office:

a. Request for a bid waiver to repair the right engine on the Duke aircraft (Brungard Aviation -- $34,853.57 ) (Tabled from 7/2/02);

b. Grant application to the Office of Juvenile Justice and Delinquency Prevention to continue the Restorative Justice program ($44,795), with request to waive admin costs ($2,746.05).

Presenter: Denny Hopper, Sheriff’s Office (8a)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1599)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1605)

9. Parks and Open Space Department:

a. Proposed donation of a Conservation Easement by the Roxbury Project (12.45 acres of vacant land located west of the Lee Hill Road/Broadway intersection, northwest of Boulder);

b. IRS Form 8283 for a land donation by the Golden Land Company;

c. Agreement to Amend/Extend the contract for the sale of the Carlson house;

d. Lease Termination Agreement for the Peschel house;

e. Request for unbudgeted capital outlay to purchase a portable concrete mixer (Waco -- $3,675);

f. Request to reject bids for Bid #4344-02, Informal Invitation to Bid Vehicles, due to inability to meet specifications and insufficient responses, and purchase approved vehicles off the lot.

Presenters: Ariel Steele, Parks and Open Space Department (9a,b)

Jenny Olberding, Purchasing (9f)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1642)

No action was taken on item 9b.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1675)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1683)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, abstained. Motion carried 2-0. (1716)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, abstained. Motion carried 2-0. (1760)

10. Transportation Department: Special Event Application for County Roads from Pallotta TeamWorks, for the Avon Breast Cancer Three-Day fundraising walk (Boulder County portion Friday, August 2^nd, 9:00 - 11:30 a.m.)

Presenter: Mike Thomas, Transportation Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1788)

11. Human Resources Division/Board of Retirement: Request for a Bid Waiver to continue working with Innovest Portfolio Solutions to find a new Retirement Savings Plan record keeper and accept their recommendation.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1793)

Administrative Matters:

12. Scheduling and Communications.

None.

13. Transportation Department: Letter to the Regional Transportation District Board of Directors regarding modifications to DASH routing through Louisville.

Presenter: Scott Robson, Transportation Department

Bruce Abel, Regional Transportation District staff

Commissioner Danish moved to send the drafted letter. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (1954)

14. Land Use Department: Determination whether to call up Docket #SPR-02-100 for public hearing.

Presenter: Phillip Hartigan, Land Use Department

The Board elected not to call up Docket #SPR-02-100 for public hearing.

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 12:36 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.]