MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, SEPTEMBER 3, 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, September 3, 2002.

The meeting was called to order at approximately 9:08 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Public Hearing: SPR-01-156 (Arnold Residence); Site Plan Review for the construction of a 11,429 square foot residence & a 225 square foot poultry house (Residence: above grade = 11,429 sq.ft./below grade = 0 sq.ft./finished floor area = 7,500 sq.ft./unfinished floor area = 3,929 sq.ft.) (Poultry House: finished floor area = 0 sq.ft./unfinished floor area = 225 sq. ft.) (located at 4950 North 109th Street, in Section 10, T1N, R69W.) (9:08 – 9:55) (3255, Tape No. 35/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

Jeff Moline, Resource Planner

Present: Barbara Andrews, Assistant County Attorney

Speakers: Bill Arnold, Applicant

Dave Webster, Transportation Department

Nancy Love, Love & Associates

Phillip Hartigan, representing Jeremiah and Florence Hartigan

Graham Billingsley, Land Use Director

Commissioner Stewart moved to approve Docket #SPR-01-156, 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. (4769) (Continued on Tape No. 36)

Public Hearing: Docket #SE-02-14 (Johnson/Ells BLA); Subdivision Exemption for a Boundary Line Adjustment between two parcels (located at 6300 & 6301 Sunshine Canyon Drive, east of Gold Hill, in Section 8, T1N, R71W.) (11:12 – 11:40) (1268, Tape No. 36/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 Byrne, Attorney for Mr. Johnson

Bill Johnson, Applicant

Fred Ells, Applicant

Commissioner Stewart moved to approve Docket #SE-02-14, 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. (1924)

Non-Profit Hearings: (2:04-4:00) (2010, Tape No. 36/DAT recorder, "counter" mode)

2:00 p.m. – Boulder County AIDS Project, Clinica Campesina Family Health Services, Columbine Family Health Center, Dental Aid, Hospice of Boulder County, People’s Clinic, Plan de Salud del Valle, Women’s Health Center. (2010)

Speakers: Laurie Sirotkin, Director of Development, Dental Aid

Karen Cody Carlson, President of Dental Aid

Susan Levy, Executive Director of Boulder Valley Women’s Health

Robin Bohannan, Executive Director of the Boulder County Aids Project

Scot Smith, President of Hospice Boulder County

Darla Schueth, Executive Director of Hospice Boulder County

Jacob Blass, President of People’s Clinic

Jodi Hartmann, Salud Family Health Centers

Diane Rittenhouse, Columbine Family Health Center

Pete Leibig, Clinica Campesina

Bonnie Greenwood, Budget Office

3:20 p.m. – Center for People With Disabilities, Radio Reading Service of the Rockies, Special Transit. (3970, Tape No. 36/DAT recorder, "counter" mode – Continued on Tape No. 37)

Speakers: Mary Cobb, Special Transit

Lenna Kottke, Special Transit

Homer Page, Center for People with Disabilities

David Dawson, Radio Reading Service of the Rockies

Pam McDonald, Radio Reading Service of the Rockies

David Bolin, Center for People with Disabilities

Bonnie Greenwood, Budget Office

These items were for discussion only.

10:00 a.m.

BUSINESS MEETING

(10:08 – 11:12) (0010, Tape No. 36/DAT counter mode)

1. 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) (Tabled from 8/6/02). (10:08 – 10:47) (0010, Tape No. 36/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

John Stafford, Vice President of Patina Oil and Gas

Dave Padgett, Patina Oil and Gas

Craig Blockwick, Attorney representing Mr. Markel

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0613)

Commissioner Stewart moved to table Docket #SD-99-02 to 10:00 a.m. on September 24, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0620)

CONSENT ITEMS:

2. Transportation Department: Award of RFP #4335-02, Program Development for Boulder County Equipment & Vehicle Fleet Center, to the lowest, most responsible bidder – Maintenance Design Group ($48,150).

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

a. 2002-109, increasing Land Use Department docket-related processing fees;

b. 2002-111, conditionally approving Docket #HP-02-05 (Swanson Farm House Historic Landmarking);

c. 2002-112, conditionally approving Docket #HP-02-06 (Dodd Farm House Historic Landmarking);

d. 2002-113, conditionally approving Docket #EP-02-08 (Seven Hills/ Withers/Harris/Gemmill Exemption Plat).

4. Contracts:

a. Housing – contract with the Colorado Department of Local Affairs for pass-through grant funds for the Powell Office Building ($298,800);

b. Workforce Boulder County – amendments to the grant agreement contract with the Colorado Department of Local Affairs (no change in revenue);

c. Resource Conservation Division – renewal of the engineering services contract with HDR Engineering (estimated $70,000).

5. Open Space documents:

a. IRS Form 8283 for the partial donation of the Alpine Horn Lode on Sugarloaf Mountain;

b. IRS Form 8283 for the donation of the Roxbury Project Conservation Easement;

c. Deed of Conservation Easement for the City of Boulder’s Lookout Road property;

d. Notice of Property Restrictions (Barrett II property).

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

Commissioner Stewart moved approval of Items No. 2 through 6. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0718)

Commissioners Matters:

7. Letter to the Board from the Nederland Community Library concerning the Nederland Community Library District ballot issue.

Speakers: Hughes Moyer, Nederland Community Library

Leslie Lacy, Assistant County Attorney

Commissioner Stewart moved approval of Item No. 7 with discussed changes in language regarding the Tabor exemption. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1053)

8. Appointment of Dickey Lee Hullinghorst, Intergovernmental Relations Director, as County representative to the US 36 Environmental Impact Statement consultant selection committee.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1069)

9. Budget Office: 2002 Budget Supplemental Request (Local Improvement Districts – $15,200).

Presenter: Margaret Parish, Budget Director

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1080)

10. Personnel Actions: Social Services Department to hire Debra Snook above midpoint as an Administrative Technician.

Presenter: Joe Heard

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1105)

Elected Officials and Department Heads Matters:

11. Parks and Open Space Department:

a. Intergovernmental Agreement with the City of Louisville and City of Lafayette for the Mayhoffer Section 15 property;

b. Agreement to Extend Contract with Jack Gaffney, Jr.

Presenters: Emy Brawley, Parks and Open Space (11a)

Ellen Flannelly, Parks and Open Space (11b)

In separate motions Commissioner Danish moved approval of Items No. 11a and 11b. Commissioner Stewart seconded the motions.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1134) (1169)

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

a. From the Niwot Student Council, for a homecoming parade on Friday, September 13^th (4:00 – 5:00 p.m.);

b. From Boulder Backroads Marathon, for a running race on Sunday, September 29^th (8:00 a.m. – 2:00 p.m.)

Presenter: Mike Thomas, Transportation Department (12b)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1174)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1177)

Administrative Matters:

13. Scheduling and Communications.

None.

14. Land Use Department: Request for direction as to whether to call up Docket #SPR-02-123.

Presenter: Phillip Hartigan, Land Use Department

Commissioner Stewart moved to call up Docket #SPR-02-123 for public hearing. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1232)

15. Draft Resolution No. 2002-117 Honoring Phoebe Norton.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1238)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:00 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.]