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, August 6, 2002.

The meeting was called to order at approximately 10:32 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Public Hearing: Docket #SPR-02-100 (Grothus Addition); Site Plan Review for the construction of a 1,456 square foot addition (above grade = 1,456 sq.ft./below grade = 0 sq.ft./finished floor area = 1,456 sq.ft./unfinished floor area = 0 sq.ft.) (located at 7135 Bonny Brook Court, Lot 19, Overbrook 2 subdivision, in Section 29, T2N, R69W.)

This hearing was canceled at the applicant’s request.

Recommendations for disbursement of Scientific and Cultural Facilities District funds for Boulder County. (11:06 – 11:19) (0633, Tape No. 32/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: Marianne Reichert, Constituent Services Liaison

Nancy Nixon, Advisory Committee Chair

Jim Wolf

Sarah Amirani

Marcy Moore-Gantz

Commissioner Danish moved to approve the disbursement of Scientific and Cultural Facilities District funds in the amounts recommended by the Citizens Cultural Advisory Committee. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0633)

Ballot Issues and Title Setting: (11:30– 12:07) (0647, Tape No. 32/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.

1. Property Tax Mill Levy increase proposal(s), including increase in Mill Levy for Developmental Disabilities and Human Service Programs;

Presenters: Larry Hoyt, County Attorney

Speakers: Donna Wilson

Chris Highnam, Social Services Director

Mary Keenan, District Attorney

Julie Hartman

Jan Rasmussen

Scarlet Larkin

Laura Systra, Mental Health Center

Rosemary Williams, Aging Services

Tom Miller, Workforce Boulder County Director

Jason Leszcynski

Joe Thome, Community Corrections Division Manager

Commissioner Danish moved to place Item No. 1 on the ballot. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1297)

2. Sales and Use Tax increase for Regional Transportation Improvements;

Presenter: Larry Hoyt, County Attorney

A decision on this item was postponed until 10:30 a.m., Tuesday, August 13, 2001.

3. Nederland Library District Initial Mill Levy proposal.

Commissioner Danish moved to place Item No. 3 on the ballot. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1386)

Public Hearing: Docket #SD-99-02 (Niwot Hills Subdivision TDR/PUD FP/SSDP Re-submittal); Final Plat/Site Specific Development Plan for a Transferred Development Right/Planned Unit Development for Phase I which contains 17 lots from the 46 lots approved by Sketch Plan (located at 9300 Niwot Road, at the southwest corner of the Niwot Road/North 95th Street intersection, east of Morton Heights, south of Boulder & White Rock Ditch, in Section 32, T2N, R69W.) (2:03 – 2:35) (1397, Tape No. 32/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: Michael Markel, Applicant

Leslie Roberts

Jim Martinson

David Padgett, Patina Oil and Gas

ACTION

Commissioner Stewart moved to table Docket #SD-99-02 to 10:00 a.m., Tuesday, September 3, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2200)

10:00 a.m.

BUSINESS MEETING

(10:32 – 10:46) (0021, Tape No. 32/DAT counter mode)

LAND USE ITEMS:

1. 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 8, T1S, R72W) (Tabled from 7/2/02).

This hearing was cancelled at the applicant’s request.

CONSENT ITEMS:

2. County Attorney’s Office: Resolution 2002-93, conditionally approving Docket # SE-02-10 (Juniper Heights Townsite/Smethills/Ingalls Lot Recognition and Boundary Line Adjustment).

3. Architects Division: Award of Bid #4349-02, Justice Center Concrete Rebid, to the lowest, most responsible bidder – Concrete Foundations, Inc. ($353,500).

4. Workforce Boulder County: Signature authorization form for the Colorado Department of Labor and Employment, reflecting the change in director for the Community Services Department.

5. Open Space acquisition documents:

a. Notice of Property Restrictions (Lookout Farm LLC property);

b. Letter of Appreciation, Mechanics Lien Letter, Deed of Conservation Easement in Gross (Roxbury Project donation).

6. Contracts:

a. Finance – contract with Solbourne Computer for Oracle IIi consulting services ($150 per hour);

b. Housing – contract with Winter, Kramer & Jessup, LLC for Nederland Workforce Housing design & engineering services ($31,275 plus expenses);

c. Architects – contract with ThyssenKrupp Elevator for Justice Center Addition elevators ($134,500);

d. Parks and Open Space – Suitts Open Space residential lease with Maria Harris ($7,200 per year revenue).

7. Authorization for the Board to go into Executive Session on Wednesday, August 7^th:

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

b. 11:00 a.m. pursuant to CRS 24-6-402(4)(b) Legal Advice.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (0022)

Commissioners Matters:

8. Personnel Actions.

Joe Heard of the Human Resources Division presented the Board with the July hires above entry, termination, new hire, and merit pay reports.

9. Ratification of the Commissioners’ 7/31/02 signatures on the amendment to the Stan Barrett Purchase Agreement and Division of Land.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (0256)

10. Petitions for Abatement or Refund of Taxes recommended for denial by the Hearing Officer:

a. 1402 Broadway Associates, ID #0008311;

b. Angel Wings Enterprises dba Art Cleaners, ID #0007983;

c. Crawford Irrevocable Trust, ID #00803112-01 & #0080313-01;

d. DPO Enterprises c/o Boulder Turnpike Texaco, ID #P0295306;

e. Larry F. Pisciotta & Bridgestone/Firestone, ID #0015825.

Commissioner Danish moved approval the Hearing Officer’s recommendations regarding Items No. 10a through 10e. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (0050)

Elected Officials and Department Heads Matters:

11. County Attorney’s Office:

a. ISDS Property Line Setback Variance Agreement with Phillip and Myrna Pond (adjacent property owner is Boulder County);

b. Resolution 2002-94, denying Docket #SE-02-11 (Treece Boundary Line Adjustment).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0057)

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

VOTE: MENDEZ, aye; DANISH, no; STEWART, aye. Motion carried 2-1. (0256)

12. Land Use Department: Proposed annexation of the Huff property to the City of Longmont (156.4 acres).

Presenter: Pete Fogg, Land Use Department

Commissioner Stewart moved to conditionally approve a letter to be drafted by staff to the City of Longmont indicating concern regarding the City of Longmont’s need to annex this property at this time. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0198)

13. Transportation Department: Resolution 2002-95, temporary closure of Airport Road (Pike Road to SH 119).

Presenter: Mike Thomas, Transportation Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0212)

14. Sheriff’s Office: Grant application to the Colorado Department of Local Affairs for Search and Rescue funds ($12,000), with request to waive admin costs ($415.69).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0246)

Administrative Matters:

15. Scheduling and Communications.

None.

16. Letter to City of Louisville regarding delay in DASH service implementation and a need for further public input.

Presenter: Clark Misner, Transportation Department

Commissioner Stewart moved conditional approval of Item No. 16 pending signature by representatives of other governmental bodies. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0298)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:35 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.]