PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 5, 1997

ABATEMENT HEARINGS

The Board of County Commissioners met at 9:00 a.m. to hear requests for petitions for abatement. Chair Pro-Tem Olson presided and Commissioner Clarke was present. Also present were: Chief Appraiser Amy Wagner and Jon Cowling, Senior Appraiser. Recording Clerk, S. Graves and G. Cookman.

1. GEORGE HEKOWCZYK, ET AL - PARCEL 395123-19-023: Mr. Sorensen, representative for the petitioner, stated that the property increase on this property from the 1992-94 assessment years is 62% or $80,000 and this is not in order as the roof needs to be replaced, the walls are cracking, and the building was not remodeled, as stated in the Assessor's packet of information; he stated that the owner's abated estimate allows for a 7.5% increase on this property for a total assessed value of $138,000. Ms. Wagner reviewed the salient facts and conclusions reached by the Assessor's Office for this property at 1406 N. Lincoln Avenue in Loveland, CO.; she reviewed the comparables and the three approaches used to determine value (cost, market, and income) and noted that the Assessor's Office has determined that a reconciled value of $208,000 most accurately reflects this property for 1995-96. Mr. Sorensen responded to the comparables used and noted that only a small portion of the building is leased for retail as he is cannot expand because the City of Loveland will not allow additional parking; therefore, the majority of the building is warehouse. Questions from the Board and discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table their decision on this petition for abatement to allow the Assessor's Office staff time to adjust the value on this property because the comparables used were not fair.

Motion carried 2 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adjust the reconciled value on Parcel #95123-19-023 to $160,000.

Motion carried 2 - 0.

2. CHARLES ZIELKE - PARCEL #95132-49-001: Mr. Zielke stated that he thinks the assessed value on his property for the 1994 tax year is too high, especially since two of the buildings are in need of major improvements. Mr. Zielke asked for an adjustment based on the two buildings being in such poor condition. Ms. Wagner reviewed the approaches used to determine the value and stated that the assessed value of the property was determined to be $141,400. Ms. Wagner also explained that in this instance, since a motel business is involved, the valuation is determined by the 12 units for rent-not the buildings themselves. Some discussion followed.

MOTION

Commissioner Clarke moved that the Board of County Commissioners deny the Petition for Abatement and Refund of Taxes for Charles Zielke, Parcel Number 95132-49-001, for 1994 and support the Assessor's valuation on this property at $141,400.

Motion carried 2-0.

At this time the Board considered the Petition for Abatement for the same parcel as above, for the 1995/96 tax years; Mr. Zielke stated that his argument was the same and noted that the assessed value was even higher during this time-frame. Ms. Wagner stated that the cost approach for this property was $134,100, market approach was $202,400, and the income approach was $185,300, the final indicated value being $199,200. Ms. Wagner also stated that the Assessor's Office gave Mr. Zielke a much lower occupancy rate than is typical for his establishment, and noted that the business generated in excess of $200,000 in 1992. Some discussion followed.

MOTION

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement and Refund of Taxes for Charles Zielke, Parcel Number 95132-49-001, for 1995/96, and support the Assessor's valuation on this property for $199,200.

Motion carried 2-0.

3. ROBERT & MARILYN WILTGEN (#95144-33-004 - '94 THRU '96) AND (#95-144-48-006 FOR '95 AND '96). It was noted for the record that the Petitions for Abatement for these parcels were withdrawn by the petitioner.

The abatement hearings recessed at 10:35 a.m.

LAND-USE PLANNING MEETING

(#178)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Richael Michels, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. PRELIMINARY PLAT OF HIGH PLAINS SUBDIVISION (#95-SU0690):

SW 1/4 18-04-69 - 1/4 MILE SOUTH OF CR 8E, 1/2 MILE WEST OF CR 23

AT THE EAST END OF SHERMAN DRIVE IN CUSHMAN ESTATES

SUBDIVISION; 35 ACRES; 3 LOTS; FA-1 FARMING ZONING

This is a request for approval of a Preliminary Plat that would divide 35 acres into 3 parcels; two parcels of three acres each for new homes and one parcel of 28 acres with an existing home. Ms. Michels provided the area analysis and project description and reviewed the major issues and concerns. Staff findings include: 1) The location of the property adjacent to Cushman Estates and topographically separate from adjacent lands makes the site unique and will not establish a precedent for further divisions in the area; 2) The soils present on this site have limitations for the construction of on-lot septic systems; however, the applicant has demonstrated that the soils can meet the technical requirements of the Larimer County Water, Sewer and Fire Safety Standards and Procedures Manual; 3) The Water District has committed to providing both domestic water and fire protection water to the property; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

Dennis Messner, engineer for the proposal, reviewed the history of the property and factual engineering matters; he stated that this property originally was a part of the Master Plan of Cushman Estates Subdivision. Mr. Messner noted that this undeveloped area became an attractive nuisance and to avoid the use of motorcycles and youth parties, the owners decided that the best way to avoid liabilities was to divide the property into 35 acre tracts and sell them for large lot residential uses; he addressed the environmental impacts, zoning and density and stated that this proposal meets all the regulatory requirements. Patty Van Sice, assistant to the applicant, stated that the applicant has agreed to all the conditions and has met all the recommendations; she noted that they have increased the size of the lots to 3 acres each and reduced the number of lots from three to two, and they are not creating a new development, they are just adding to an existing development which uses a county road for access. Ms. Van Sice stated that they have offered to join the Cushman Estates Homeowners Association to share all maintenance, architecture and management control of the area; they have listened to the neighbor's concerns and have changed the lot sizes and acreage and guaranteed that the covenants would be identical. Ms. Van Sice submitted a packet of information for the Board to review containing their letters to the homeowners association informing them of their plans and their intent to harmoniously work with them, a letter from the water district, the site plan, etc.; she noted they will have a legal agreement regarding road maintenance which spells out what proportionate share of road maintenance costs will be required and how the monies would be collected. Ms. Van Sice asked that if the homeowner's decide they won't want to work with them at all, would condition #2 be void. In conclusion, Ms. Van Sice stated that the development they are proposing is just two lots which join the neighborhood, with existing utilities and water, and the history of the land was to continue on to this property, and by making it a cul-de-sac, they stop further development.

Nick Pizzuti, spokesman for the Cushman Estates Homeowner's Association (CEHA), stated that the CEHA is philosophically opposed to this development; however, if the proposal is approved, he submitted a list of conditions the homeowner's association would like for the applicant to agree to before incorporating Lot 1 and 2 of High Plains Subdivision in the CEHA. The two conditions that brought about much discussion were: 1) The developer of Lots 1 and 2 would contribute $1,000 per lot as a one-time fee to join these two lots in the CEHA to cover participation in ownership of CEHA open space; 2) The requirement to upgrade Sherman Drive to a 20' wide gravel surface with 4' of gravel base be modified to include that portion of Schofield Drive from Larimer County road 8E to Sherman Drive. Mr. Pizzuti was asked by the Board how much road maintenance fee the current homeowners are required to pay; he responded that they pay $12.50 per month per lot. Bill Harris, member of the homeowner's association, stated that most of the people in the subdivision have been there for 15 years and have been paying for road maintenance all those years.

Ms. Wysock responded to the list of additional conditions submitted by the CEHA and noted that initially she had offered to contribute up to $1500 per lot for road maintenance and dust control, but that was before they knew the County would set standards on the improvements to the roads. With regard to requiring her to upgrade Schofield Drive, Ms. Wysock stated that the homeowners of the 33 existing lots use this road and there are a number of persons from the adjacent 35 acre tracts that also use it that do not contribute to road maintenance.

Questions from the Board and discussion followed. Commissioner Clarke asked how much it would cost to comply with condition #2; Mr. Sheldon responded that there are 2180 ft. of improvements on Sherman Drive and 530 ft. on Schofield Dr. and it would cost approximately $4500. Mr. Messner stated that he estimates the cost would be $10,000. There was discussion about the concern over the park; Ms. Wysock stated that in the best interest of everyone, it would be best to share in the park area, and she is not opposed to donating something for the park, such as a covered picnic bench, but she feels that to contribute $2,000 for the park area, be required to do the road improvements on Sherman and Schofield, and contribute to the park area is over and beyond what should be expected. Chair Disney suggested that the Engineering department do an analysis of the impact of this development on Schofield Dr. based on the vehicle trips per day to determine what is fair to the homeowner's association and to Ms. Wysock and discuss it with planning staff and Right-of-Way Agent Jerry White.

At this time the public comment portion of the hearing was closed and there was a 5-minute break. After the break, further discussion ensued regarding the road maintenance participation, the benefits of participating in the park area, dust control of the road during the construction phase, appropriateness of requiring the applicant to join the homeowners association, etc. At this time, Mr. Chilson requested an opportunity to speak to the Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners reopen the hearing to hear comments from Mr. Chilson.

Motion carried 3 - 0.

Attorney John Chilson suggested that an amendment be added to the language in condition #2 stating that during construction, the applicant will perform periodic road repairs as made necessary by the construction vehicles.

Commissioner Clarke asked Ms. Haag if the Board could approve this proposal with conditions that have to be addressed subsequent to the approval; such as, negotiations between the CEHA and the applicant regarding the park area and improvements on Schofield Drive. Ms. Haag responded that if the Board wants the applicant to contribute to the improvements of Schofield Drive, that requirement needs to be worked out between the applicant and Engineering; also, the Board cannot require the applicant to join the homeowner's association so they can use the park, and it cannot be made a part of the conditions of the approval. Chair Disney expressed concern regarding a follow-up inspection to insure that compliance of condition #2 is met; Mr. Sheldon agreed that he will do the inspection of Sherman Drive to insure compliance with condition #2.

After discussion, the conditions of the Planning Commission/Staff recommendation for approval of the Preliminary Plat of High Plains Subdivision were amended as follows: 1) The owners of Lots 1 and 2 must participate in any road maintenance on Sherman Drive at the same level of cost as the other homeowners in the Cushman Estates Subdivision; documents regarding this must be recorded; 2) Sherman Drive must be improved to a 20' wide gravel surface with 4" of gravel base; the cul-de-sac design must be approved by Larimer County and be a minimum of 80' in diameter. Construction drawings for the road and all utilities must be submitted with the Final Plat and approved by Engineering before any construction can occur; and during construction, the applicant will perform periodic road repairs as made necessary by the construction occurring on Lots 1 and 2; and the improvements required on Sherman Drive will be approved by the County Engineering Department; 3) A final drainage plan and report, final stormwater plan, and final erosion plan must be submitted with the Final Plat for review and approval by the Larimer County Engineering Department; 4) A septic setback line must be indicated on the Final Plat that is 20' west of the break in the slope on Lots 1 and 2. The location of this line must be approved by the Larimer County Health Department; 5) A fire hydrant must be installed to serve both Lots 1 and 2; the hydrant must be able to flow at 1000 gallons per minute at 20 psi. Any line upgrades required to ensure this flow will be the responsibility of the developer. Fire hydrants must be installed and flow test approvals must be provided to Larimer County before any building permits will be issued for Lots 1 or 2; 6) Building envelopes must be shown on the Final Plat that will ensure that all structures are built within 500' of the fire hydrants. Areas outside of the building envelopes must be labeled "Non-building area"; 7) The following notes must be placed on the Final Plat: a) An off-site road fee of $950 will be collected at the time of building permit for Lots 1 and 2; b) Prairie dog colonies exist in the vicinity of this property and may migrate to this property; prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control. Any landowner control must comply with all Federal, state and local regulations; c) Property owners should be aware that smaller, rural lots are subject to overgrazing if livestock is kept on the property. Weeds, erosion, and other problems can result. Property owners should contact the Extension Service for information on keeping livestock; d) There is the potential for wildlife interaction or property damage in this area; property owners should take appropriate measures to protect property. The State Division of Wildlife is not responsible for damage or control of wildlife; e) All structures must be built within 500' of a fire hydrant; f) The results of a radon test must be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy. As an alternative, a building may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; g) Engineered footings and foundations are required for new residential construction; h) Uses on this property are limited to single-family residential; I) All utilities must be installed underground; j) Park fees will be collected at the time of building permit for Lots 1 and 2; k) All septic system absorption fields must be located at least 20' from the break in slope on Lots 1 and 2.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Preliminary Plat of High Plains Subdivision (#95-SU0690), with the conditions as amended and outlined.

Motion carried 3 - 0.

The meeting adjourned at 8:30 p.m.

TUESDAY, MAY 6, 1997

ADMINISTRATIVE MATTERS

(Tape Damaged)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rex Smith, Director of Public Works; Marc Engemoen, County Engineer; and Captain David Cox, Sheriff's Department. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Jack Swets, Bill Swets, and Dr. Charles Collopy. Jack Swets expressed further concerns with the bridge project on CR 5 south of Harmony Road; he noted there is a difference of opinion between the contractor on this project and the County Engineering Department regarding installation of the drains. Mr. Swets stated that he thinks this project has been misrepresented to the Commissioners from the beginning and he asked the Board to visit the site. At this time, Mr. Swets was asked to stop discussing the project because this case is under litigation regarding property lines and even though this discussion started out about the installation of the drainage system, it was leading in other directions. Mr. Engemoen advised the Board that they are going to replace the section of drain being questioned, on a time and materials basis, and it will not cost thousands of dollars as Mr. Swets thought; he said they will stay on top of this situation and report back to the Board.

Dr. Collopy, President Country Club Cove Home Owners Association, noted for the record that he has written a letter to the Board expressing concerns regarding Country Club Road beginning at Lemay Avenue, around Longs Pond, to County Road 11; he stated that the posted speed limit is 30 mph but it has become an unpatrolled raceway. Dr. Collopy stated that the City of Fort Collins has approved the Hearthfire Subdivision north of the Country Club and 100's of new homes are proposed for the Richards Lake Subdivision and this is the only road leading to those new subdivisions and the roads are already severely overburdened and never designed to be an arterial street. Dr. Collopy made two requests of the Board: 1) Increase patrol on Country Club Road to insure 30 mph traffic; and 2) Prohibit through truck traffic. Dr. Collopy stated that a solution to this problem is to extend CR 11 to Vine Drive; however, he realizes he is asking the County to solve this City problem. Chair Disney responded that the county can't prohibit local truck traffic, but could sign it to prohibit over the road rigs. Captain Cox stated that the Sheriff's Department is aware that Country Club Road is a problem and it is an area of concern; he informed the Board that patrol has been increased on this road. Dr. Collopy acknowledged that patrol has increased and traffic has slowed down somewhat, but it needs to continue and be increased. Commissioner Clarke stated that he and Mr. Lancaster are meeting with Mayor Azari and representatives from the City of Fort Collins this afternoon and will discuss this situation with them and will report back to Dr. Collopy if more can be done to alleviate the situation on Country Club Road.

2. PROCLAMATION FOR LARIMER COUNTY PATROL OFFICER WEEK - MAY 11 THROUGH MAY 17, 1997: Captain Cox informed the Board that the week of May 11, through 17, 1997 will be celebrated as National Police Week; he requested the Board proclaim the same week as Larimer County Patrol Officer Week. Chair Disney read the Proclamation aloud.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim May 11 through May 17, 1997 as Larimer County Patrol Officer Week, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

At this time, Mr. Lancaster reported that the Buckeye Bicycle Race went very well and the officers did an excellent job; the Board suggested that a letter be sent to the bicycle race committee thanking them for their efforts and hard work to insure a successful race . Captain Cox also expressed his appreciation to the Board and Mr. Lancaster for their efforts in making the race successful and harmonious this year.

3. APPROVAL OF MINUTES FOR THE WEEK OF APRIL 28, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of April 28, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF MAY 12, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of May 12, 1997, as submitted and revised.

Motion carried 3 - 0.

5. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for May 6, 1997 as published, with the exception of the Agreement for Architectural Services for Expansion of the Detention Center, which has been postponed to next week:

R97-46g RESOLUTION CONCERNING THE FORMATION OF THE

LIVERMORE FIRE PROTECTION DISTRICT

MISCELLANEOUS DOCUMENTS: Wild Goose Ranch Amended Plat, Lots 7 & 8; Amended Plat for Tamlin Minor Land Development; and the Public Trustee First Quarter Report for 1997. LIQUOR LICENSES: County approval was granted to: The Deliworks - 6% - Fort Collins, CO.; Change in Structure of Limited Liability for St. Louis Liquors - 6% - Loveland, CO.; and Waive of Hearing for Change of Ownership for Christopher Gerard Krawlzak dba Al's at 4701 West County Road 38E, Fort Collins, CO. for a 6% Hotel & Restaurant Malt, Vinous and Spirituous Liquor License.

A97-77 FIREARMS TRAINING FACILITY AGREEMENT CONCERNING

ROAD IMPROVEMENTS ON COUNTY ROAD 17 BETWEEN THE

LARIMER COUNTY SHERIFF'S DEPARTMENT AND/OR RUSSELL

C. AND DELORES J. BARGER (Ingleside Ranch)

A97-78 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 17 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PAUL DEAN AND KAREN SUE HICKS

(Right-of-Way - Project #170)

A97-79 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BLUE MOUNTAIN

RANCHETTES, L.L.C. (Berthoud Lake Ranchettes)

C97-18 CONTRACT AMENDMENT #1 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF CORRECTIONS (Reduction of Original

Funding Amount in Original Contract dated May 21, 1996

R97-47s RESOLUTION REGARDING THE RELEASE OF COLLATERAL

FOR BERTHOUD LAKE RANCHETTES

Motion carried 3 - 0.

6. APPROVAL OF PROCEDURE FOR ASSIGNMENT OF PRIVATE ACTIVITY BOND ALLOCATIONS: Ms. Block requested Board approval of a procedure for assignment of private activity bond allocations; she reviewed the background information which precipitated this action. Ms. Block stated that Larimer County receives an annual private activity bond allocation from the Colorado Department of Local Affairs which allows the County to issue debt for projects which meet a public purpose; she continued that for the past three out of four years, the County has not used this allocation for its own projects and it was assigned to other government entities. Ms. Block noted that at the time of granting the 1997 assignment, the Board expressed concern about ensuring that all cities in the County had an opportunity to apply for the allocation and the Board requested that a policy be drafted regarding same. Ms. Block informed the Board that staff drafted a procedure and sent it to the Manager and Finance Director of each incorporated city in the County and no modifications were received; it was noted that the County will consider applications from entities outside the County only if there are no applicants from within the County. Chair Disney thanked Ms. Block for her good work in developing this procedure.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Procedure for Assignment of Private Activity Bond Allocation, as requested, and that it be made a part of the Larimer County Operating Procedures Manual.

Motion carried 3 - 0.

7. COMMISSIONER REPORTS:

-- Commissioner Clarke reported on his visit to CCI and reorganization of the Legislative Policy Group and steering committees; he noted that these changes will be discussed at the summer meeting.

-- Commissioner Clarke reported that Legislature will adjourn May 7, 1997, but there is a chance there will be a special session as there still is a big battle on floor benefits.

-- Commissioner Clarke reported that the Governing Infrastructure Conference he attended in Denver was very interesting; he noted there was a presentation on E470 and they have expanded their Board and plan to include us in this project and have members on the Board from northern Colorado.

-- Commissioner Olson reported that she met with Rex Smith last Friday and had a discussion about Cedar Springs; at that time, she was notified that this is in Chair Disney's District.

-- Commissioner Olson reported on the lunch and positive meeting she had with Kimberly Maevors, the Legal Affairs person from the Northern Colorado Home Builders Association; she noted they are excited about PLUS (Partnership Land Use System). Mr. Lancaster asked Commissioner Olson if she would be willing to ask Ms. Maevors to write a letter of support to include with the Regional Energy Assistance Impact Grant application.

-- Chair Disney provided an update on the Northern Front Range Transportation Plan; he noted that a subcommittee of the council was formed to look at resource allocation and he suggested that Budget Manager Bob Keister be asked to serve on this committee. The Board concurred with the suggestion.

8. WORKSESSION:

-- Lapel Pins: Mr. Lancaster stated that the supply of lapel pins is almost depleted and he would like to order more; he noted that the price has come down and he would like to buy 2500 pins at $1.10 each.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners authorize Mr. Lancaster to reorder 2500 lapel pins at $1.10 each, with funds to be derived from the Commissioner's Special Projects Fund.

Motion carried 3 - 0.

-- Request from Sheriff's Department: Mr. Lancaster stated he received a request from the Sheriff's Department to discuss a new jail management program for managing prisoners, as there is a concern that the current system won't fit if the Detention Center is expanded; the question arose whether the cost of this new program should be included on the ballot question for the Detention Center. Mr. Lancaster stated that Sheriff Shockley has indicated emphatically that he does not want the program included on the ballot; the request for this new program will be a part of the request from other departments for new programs and prioritized accordingly.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

-- Discussion of Facilities Director:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session with Rex Smith at 10:10 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 10:30; no action taken.

At this time, County Attorney George Hass, Information Management Director Andy Paratore, and Geographic Information System Manager Bruce Biggi joined the meeting for Legal Matters.

9. LEGAL MATTERS:

-- Request for Approval of Documents for Sale of Lots in Glacier View Meadows: Mr. Hass requested Board approval of a Quit-Claim Deed and Resolution for Conveyance to Milliken Properties, Ltd. for the sale of Lot 1 in Glacier View Meadows 9th Filing and Lots 54, 55, 61, 62 & 63 in the 12th Filing and a Quit-Claim Deed and Resolution for Conveyance to Jackson J. B. and Lorna J. Sherwood, as joint tenants, for sale of Lot 71 in Glacier View Meadows 12th Filing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a Quit-Claim Deed and Resolution for Conveyance to Milliken Properties, Ltd. for the sale of Lot 1 in Glacier View Meadows 9th Filing and Lots 54, 55, 61, 62 & 63 in the 12th Filing and a Quit-Claim Deed and Resolution for Conveyance to Jackson J. B. and Lorna J. Sherwood, as joint tenants, of Lot 71 in Glacier View Meadows 12th Filing, and authorize the Chair to sign same, and all attached closing documents.

Motion carried 3 - 0.

D97-15 QUIT-CLAIM DEED TO MILLIKEN PROPERTIES, LTD. FOR

LOT 1 IN GLACIER VIEW MEADOWS 9TH FILING AND LOTS

54, 55, 61, 62 AND 63 IN GLACIER VIEW MEADOWS 12TH FILING

D97-16 QUIT-CLAIM DEED TO JACKSON J.G. AND LORNA J. SHERWOOD

FOR LOT 71 IN GLACIER VIEW MEADOWS 12TH FILING

-- Request for Approval of Assignment of SIA: The Board was requested to approve an assignment of a subdivision improvement agreement from Vista View Estates to Willowood Corporation.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Assignment of the Subdivision Improvement Agreement from Vista View Estates, LLC to Willowood Corporation, as requested, and authorize the Chair to sign same.

Motion carried 3 - 0.

A97-80 ASSIGNMENT OF SUBDIVISION IMPROVEMENT AGREEMENT

FROM VISTA VIEW LLC TO WILLOWOOD CORPORATION

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 10:55 to discuss threatened litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:15 a.m.; no action taken.

ABATEMENT HEARING

(#180)

The Board of County Commissioners met at 3:00 p.m. for an Abatement hearing for Fogle's Auto Dealership. Chair Disney presided; Commissioner Clarke was present. Also present were: Chief Appraiser Amy Wagner and Jon Cowling, Senior Appraiser. Recording Clerk, Gael Cookman.

2. JOHN HENRY FOGLE, PARCEL #95242-29-002: Chair Disney called the meeting to order noting that the petitioner, John Henry Fogle, was not present. Chair Disney asked Mr. Cowling to briefly describe the property in question. Mr. Cowling stated that the property, Fogle's Auto Dealership, Parcel # 95242-29-002, located at 401 South Lincoln Ave, Loveland, Colorado, had an appraised value for 1994 of $375,130, and an appraised value for 1995/96 of $437,400. Mr. Cowling stated that these figures accurately reflected the value of the property during these years.

MOTION

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and deny the Petition for Abatement and Refund of Taxes for John Fogle, Parcel Number 95242-29-002, for 1994/95/96, and support the Assessor's valuation on this property for the tax years involved.

Motion carried 2-0.

WEDNESDAY, MAY 7, 1997

ABATEMENT HEARINGS

(#180 @ 180)

The Board of County Commissioners met at 10:00 a.m. for Abatement hearings. Chair Disney presided; Commissioner Clarke was present. Also present were: Christine Murray, and Patty Ring, Senior Appraisers. Recording Clerk, Gael Cookman.

2. LARRY WRAY - PARCEL #96122-06-002: Ms. Murray addressed the Board stating that the Assessor's Office had re-evaluated the 1994 assessment on the property in question and agree that the Assessor's value was too high. Ms. Murray recommended an adjustment from $278,500, to a final indicated value of $243,200 for Parcel Number 96122-06-002. Mr. Wray stated he was in agreement with the new figure.

MOTION

Commissioner Clarke moved to approve the Assessor's recommendation and adjust the valuation on Parcel Number 96122-06-002 for the 1994 tax year to $243,200.

Motion Carried 2-0.

At this time the Board considered the Petition for Abatement for the same parcel as above, but for the tax years 1995 and 1996. Mr. Wray addressed the Board explaining that he has a problem with the $30.70 per square foot assessment; he believes the comparables used in the market analysis were not very good because they have quite a bit more land than his property. Mr. Wray stated that the income approach figures are too high; he outlined his rental income and operating expenses for the years involved, as these were not included in the Assessor's report.

Ms. Murray asked Mr. Wray for information regarding income, expenses and taxes for both 1995 and 1996; she then re-worked the income approach using these new figures and adjusted the final indicated value to $243,200.

MOTION

Commissioner Clarke moved to approve the Assessor's recommendation and adjust the valuation on Parcel Number 96122-06-002 for the 1995/96 tax years to $243,200.

Motion carried 2-0.

3. GREM & ROBIN ARMSTRONG - PARCEL #96123-00-005: Mr. Armstrong stated that he thinks the comparables used by the Assessor's Office were not very fair in that most were 100% retail; however, his property is half retail and half industrial. Mr. Armstrong also noted that comparable number one was his own property and he did not understand how his own property could be compared against itself. Ms. Murray explained the property and the approaches used in determining the final indicated value; much discussion followed. Commissioner Clarke stated that at least one of the comparables used was quite far away, and that maybe the income approach would be better to use in this case instead of the market approach.

MOTION

Commissioner Clarke moved to adjust the valuation on Parcel number 96123-00-005 for the 1996 tax year to $120,000.

Motion carried 2-0.

The hearings adjourned at 11:40 a.m.

THURSDAY, MAY 8, 1997

ABATEMENT HEARING

(#181)

The Board of County Commissioners met at 2:30 p.m. for an Abatement hearing for Sonray Joint Properties (Parcel Number 95243-12-004). Chair Disney presided; Commissioner Olson was present. Also present were: Chief Appraiser Amy Wagner and John Cowling, Senior Appraiser. Recording Clerk, Gael Cookman.

3. SONRAY JOINT PROPERTIES - PARCEL #95243-12-004: Ms. Wagner stated that the Assessor's Office had reviewed the property in question and has adjusted the valuation for the 1996 tax year on this property to $187,000. Chair Disney asked Merle Roberts, majority owner of Sonray Joint Properties, if this was an acceptable figure or if Mr. Roberts would like to continue with the hearing. Mr. Roberts chose to continue with the hearing; he explained the problems he is having with income due to location and the additional warehouse space that has been constructed in the surrounding neighborhood during recent years; he doesn't agree with the comparables used by the Assessor's because he feels this is a unique property in that it provides mini-warehouse storage as opposed to the regular warehouse buildings it was compared to. Ms. Wagner noted that the market approach used was adjusted for site coverage at $18.00 per square foot and the income approached allowed is $3.00 per square foot which is considered low for rental of warehouse space. Ms. Wagner believes the income approach is the best indicator of value to use in this case. Much discussion followed. Chair Disney asked Ms. Wagner how much they allow for poor location; she responded that they allowed 20 - 25 percent and that they have also adjusted for size as well.

MOTION:

Commissioner Olson moved to adjust the valuation on Parcel number 95243-12-004 for the 1996 tax year to $160,000.

Motion carried 2-0.

The meeting adjourned at 3:05 p.m.

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JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L)

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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Gael Cookman, Deputy County Clerk