The Service Plan approved earlier by the Boulder County Planning Commission and the Boulder County Commissioners would authorize the district to levy a one mil tax on property in the Niwot area, which is about $10 per year per $100,000 of actual value of a home. Taxes as well as lottery funds and user fees would allow the district, if approved by the voters, to build, improve and maintain baseball, softball, soccer and football fields.  The district would not be able to build a swimming pool or an indoor recreation center under the proposal.

The court ordered that the election be held in conjunction with the general election November 7.  The ballot will ask voters to vote yes or no on the formation of the district.  A five member board of directors will also be elected if the district is formed.  

In order to appear on the ballot, persons wishing to run for the board were required to file a self-nomination form with the Boulder County Clerk by August 31, a date that is set by state law.  At press time, Jon Bartley, Tom Kramer, Bill Lambert, Dan Knollenberg and Euvaldo Valdez had been nominated.    

Ten requests for exclusion from the district were submitted to the court by property owners. Many of the same individuals petitioned the court to overturn the County Commissioners’ action in approving the district Service Plan.  

The court denied the petition and refused to exclude the properties, finding that to do so was not in the public interest. The court also indicated that it could not consider a challenge of the Commissioner’s actions in approving the Service Plan. 

Property owners requesting exclusion included district opponents Herbert and Shalia McPherson of Sommerset, Garrett and Debbie Quackenbush of Sommerset, Charles and Cher Duprey of Springhill, Dean and Erma Haney of Morton Heights, Marion Wiercinski of Niwot Estates, Steve and Barbara Beck of Overbrook, Tom  Theobald of Neva Road, Rob Helmick and Marcia Trescott of N. 83rd Street, Red and Donna Southern of Meadowdale, and Kevin and Karen Paul of Oriole Estates.  

Objections included complaints that the county could provide the maintenance services to area youth sports organizations at little cost; that the same individuals had tried six times before to organize a parks and recreation district since 1983, and that the only effort to get as far as the ballot had failed in 1988; and that the county commissioners had improperly approved the Service Plan without the required showings of support or need for the services.  

Others asked to be excluded because they are on fixed retirement incomes and do not have children who would use the fields. 

Proponents pointed to the 355 petition signatures gathered in just a few days to file with the court as evidence of support for the district. Attorneys Joel Maguire and Bruce Warren spoke on behalf of the district proponents.

Maguire argued that the exclusion requests should be denied as a matter of law because the reasons given did not meet the statutory test of showing that exclusion would be in the best public interest.  He indicated that requesting exclusion based on a desire to avoid paying more property taxes was based on self-interest rather than the public interest.

The Boulder County Commissioners had considered the same requests for exclusion and found that a checkerboard approach to excluding properties did not make sense. 

Baseball and softball fields at Monarch Park and Left Hand Valley Grange Park are currently maintained by Niwot Youth Sports, Inc., on County owned land.  Other fields have been constructed at Lefthand Water District property on Nimbus Road.  All of the fields are in need of further improvement and funds for maintenance, according to Martinsen.  

Soccer and football fields could also be constructed by the district if voters approve it.  Currently over 500 Niwot area youth play soccer in the St. Vrain Youth Soccer Association, but almost all teams must practice and play in Longmont as the only practice field at Niwot Elementary School must be shared with youth football and baseball teams.  Niwot based youth football teams practice at Left Hand Grange Park and Niwot Elementary, again sharing the facilities with baseball, softball and soccer.

The district election will be conducted by the Boulder County Clerk and Recorder.  All registered voters in the district are eligible to vote as well as Colorado residents owning taxable property in the district who live elsewhere, though they must request a ballot from the Clerk prior to the election.