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 23, 2002.

The meeting was called to order at approximately 10:03 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Public Hearing: Docket SD-01-04 (Wood Meadow NCNUPUD PP); Preliminary Plan for a Noncontiguous Nonurban Planned Unit Development to plat 27 lots on a 160-acre parcel, utilizing a transfer of density from approximately 440 acres. Receiving Site: North of Longmont, at the southwest corner of US 287 and Vermillion Road, north of Willis Heights Subdivision, in Section 22,T3N, R69W. Sending Site: Northwest of Longmont, west of the intersection of North 75th Street and Woodland Road, at Rabbit Mountain, in Section 11 & 14, T3N, R70W. (11:05– 11:19) (1124, Tape No. 30/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: Wayne Wentworth

Josie Warren

Pat Lambourne

Commissioner Stewart moved to approve Docket# SD-01-04, 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. (1423)

10:00 a.m.

BUSINESS MEETING

(10:03 – 10:56) (0011, Tape No. 30/DAT counter mode)

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 & 7/2/02). (10:03 – 10:41) (0011, Tape No. 30/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

Clark Misner, Transportation Planning Manager

Present: Barbara Andrews, Assistant County Attorney

Speakers: Steve James, representing Columbine Unity Center Building Committee

Gary Steel, Architect

Marsha Hoffmeister, 2400 Park Lake Drive

Bob Anderson, Columbine Unity Center Building Committee member

Commissioner Stewart moved to approve Docket #SU-01-01, 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. (0650)

CONSENT ITEMS:

2. Workforce Boulder County – Expenditure Authorizations with the Colorado Department of Labor and Employment:

a. Services to eligible participants who lost jobs subsequent to September 11^th, 2001 ($280,781.35 revenue);

b. Rent, overhead and other non-personnel items ($37,632 revenue).

3. Open Space documents:

a. Temporary Right to Enter agreement for the Lookout Farm LLC property;

b. Mechanics Lien Letter, Property Restriction Notice, Deed of Conservation Easement in Gross, Restrictive Covenant Running With Land, Restrictive Covenant Running With Water Rights and Land, Letter Agreement between County and NRCS (Almquist Parcel 6).

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

Commissioner Stewart moved approval of Items No. 2 through 4. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0810)

Commissioners Matters:

5. Personnel Actions.

6. Reconsideration of the 7/18/02 decision on call-up of Docket #SPR-02-100 (Grothus Addition) for public hearing.

Speakers: Phillip Hartigan, Land Use Department

Larry Hoyt, County Attorney

Heidi Grothus

Commissioner Stewart moved to call up Docket #SPR-02-100 for a hearing at 9:00 a.m. August 6, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1008)

7. Second-half 2002 dues for the Denver Regional Council of Governments ($39,000).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1020)

8. Petition for Abatement or Refund of Taxes recommended for approval by the Assessor: Zenith Leasing Group, ID #0283311 ($1,098.32).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1022)

Elected Officials and Department Heads Matters:

9. County Attorney’s Office: Ditch Lateral Maintenance Agreement with Centex Homes and the City of Longmont, for underground piping of the surface lateral to Montgomery Farm Open Space.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1028)

10. Land Use Department: Determination whether to call up Docket #SPR-02-102 (Pentz Residence) for public hearing.

Presenter: Heather Stroud, Land Use Department

Commissioner Stewart moved to call up Docket#SPR-02-102. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1044)

11. Transportation Department: Special Event Application for County Roads from Boulder Peak Limited for the Boulder Peak Triathlon on Saturday, August 11^th (5:30 – 11:30 a.m.)

Presenter: Mike Thomas, Transportation Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1062)

12. Road Maintenance Division: Award of Bid #4325-02, ¼" Sanding Material, to the second-lowest bidder – Andesite Rock Company ($4.50 per ton for 100% sand; $8.31 per ton for 93% sand/7% salt blend) (Note: Lowest bidder cannot supply desired amount or a blended product.)

Speaker: Ted Plank, Road Maintenance Division

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1065)

13. Risk Management Division: Award of RFP #4328-02, Medical Fee Bill Review Services, to EOS Group (with three-month trial period) and Chapman & Associates.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1086)

Administrative Matters:

14. Scheduling and Communications.

None.

15. County Attorney’s Office: Access Easement for Cemex with an authorization for the Chair to sign necessary documents at a later date.

Presenter: Ben Pearlman, Assistant County Attorney

Commissioner Stewart moved approval of Item No. 15. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1103)

16. Authorization to enter into Executive Session for the purpose of receiving legal advice regarding a matter in litigation, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Stewart moved approval of Item No. 16. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1111)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 11:19 a.m.

Deputy Clerk to the Board