PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 3, 1996

LAND-USE PLANNING MEETING

(#41)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney will be out of town this week. Also present were: Allen Gould, Planner II; Al Kadera, Subdivision Administrator; John Pedas, Zoning Code Enforcement Officer; and Mike Abrams, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Board or members of the audience.

1. CRYSTAL LAKES 13TH FILING, LOTS 21 & 22, AMENDED PLAT

(#96-SA0880): 02-10-74 IN CRYSTAL LAKES, WEST OF RED FEATHER

LAKES; 4.51 ACRES; E-ESTATE ZONING

This is a request to combine two existing lots resulting in one building site. The utility easement along the common lot line will be vacated by this action. Staff findings include: 1) Crystal Lakes 13th Filing was approved in 1979; 2) This request is to combine two lots resulting in one building site. The utility easement along the common lot line will be vacated to allow building in this part of the lot; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 21 & 22, Crystal Lakes 13th Filing.

2. WEST RIDGE MANOR UTILITY EASEMENT VACATION (#96-SA0877):

17-05-69 - LOTS 19 & 20 IN WEST RIDGE MANOR SUBDIVISION,

1305 & 1309 WESTRIDGE DRIVE, LOVELAND; FA-1 FARMING ZONING

This is a request to vacate and re-establish a utility easement within Lots 19 & 20 of West Ridge Manor Subdivision. Staff findings are: 1) No utilities are located within the existing platted 12-foot easement. All utilities are located within the West Ridge Drive right-of-way and within the 30 foot building setback zone; 2) The County Departments of Health and Environment, Engineering, utilities serving the subdivision, and except for U.S. West Communications, have stated no objections to the vacation of the platted utility easement; 3) U.S. West Communications, in addition to vacating the existing 12 foot platted utility easement, desires a new dedicated 15 foot utility easement to be located, as shown on the attached plat, outside and parallel to the front property line of Lots 19 & 20 and connected to the vacated utility easement. Their stated purpose in dedicating such an easement is to ensure the availability of a perpetual utility easement in the future.

The staff recommendation is for approval of the vacation of the existing 12 foot utility easement, with the following condition: 1) Dedication of a new 15 foot utility easement adjacent to and outside of the West Ridge Drive right-of-way and parallel to the front property line of Lots 19 and 20, as indicated on the attached plat, shall be provided.

3. SPRINGFIELD RECREATIONAL CENTER 1ST FILING EASEMENT

VACATION (#96-SA0881): NE 1/4 33-07-69; SPRINGFIELD

RECREATIONAL CENTER PUD 1ST FILING, 4001 SOUTH TAFT HILL

ROAD IN FORT COLLINS; .19 ACRES; M1-MULTIPLE ZONING

This is a request to vacate the existing access, utility and drainage easements; these easements will be replaced in the new Springfield Court PUD. Staff findings include: 1) The easement vacation request is consistent with the County's current plans, policies and regulations; 2) No objections have been stated by reviewing agencies. The staff recommendation is for approval of the vacation of the easement as requested, with the condition that the vacation be recorded concurrently with the Final Plat for Springfield Court PUD.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Crystal Lakes 13th Filing, Lots 21 & 22, Amended Plat (#96-SA0880), West Ridge Manor Utility Easement Vacation (#96-SA0877), and the Springfield Recreational Center 1st Filing Easement Vacation (#96-SA0881); each, with conditions as outlined.

Motion carried 2 - 0.

4. SHAFFER ZONING/BUILDING VIOLATIONS AT 1601 BIG

THOMPSON CANYON IN DRAKE, CO.

This alleged violation is for operating a travel trailer park, campground, and resort cabins without special review approval and constructing cabins, single family dwellings for rent and habitation without obtaining building permits. Mr. Pedas submitted several exhibits regarding the exemption on the subject property and photos in chronological order from 1985 through April of 1996; he provided the background information and the history on this property and reviewed the major issues and concerns. Mr. Pedas noted that for a number of years the County has tried to convince the Shaffers that something needed to be done on this property because of concerns addressed by the Health Department, Highway Department, and State Engineers Office with regard to providing potable water and sewage disposal. The Board and Mr. Chilson reviewed and discussed the photos at length. Staff findings are: 1) The subject property is in the O-Open Zoning District; 2) The O-Open Zone allows travel trailer parks and campgrounds by Special Review; 3) Only one principal building is allowed on each lot; 4) Continued use of the property, inconsistent with the zoning, will affect property values in the area; 5) Two CTR applications for development of the property as a campground have been submitted and dropped or withdrawn before final review or approval; 6) Violations of the zoning and building regulations have been on-going on the property for more than 8 years. The staff recommendation is to find that the violations exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

John Chilson, attorney representing the Shaffers, addressed the Board and stated that there has been a campground in one form or another at Drake, Colorado since 1948 and a situation exists in which there is an undefined and undetermined grandfathered right to operate a campground on the property; however, he recognizes there are health and welfare issues in connection with this operation and he has advised the Shaffers, and they have agreed, that the proper thing to do is to apply for special review for a specific area, specific density, and specific plan for the provision of services for a campground on this property rather than rely on the grandfather issue. Mr. Chilson noted that the application will be accompanied with a building permit for the house - he acknowledged that the house is in violation. Mr. Chilson reviewed the history of the property and noted it is now in the hands of four brothers and in order to enable each one to have their separate piece of land, an attempt was made to go via the Board the Adjustment; Mr. Chilson noted the application went to special review, they hired a lawyer, went all the way through special review, and it was denied. Mr. Chilson continued that if PUD approval can be obtained, because of the substantial acreage they would propose a cluster development of four building sites in a relatively close area, and they would put a covenant for open space on the balance of the ground. Mr. Chilson stated that today they are asking the Board for an opportunity to work this matter out and he gave his word that as long as he is involved in the project, it will proceed in a reasonable and ordinary way and if he sees that it is not proceeding, as a result of lack of action on the part of the Shaffers, he will drop out and notify the Board. Mr. Chilson asked permission to allow Jeff Shaffer to continue to live on the property as long as this PUD is progressing; with regard to sewage disposal, Mr. Shaffer will apply for construction of a septic system for the residence which will comply with the State Health and County regulations.

Jerry Shaffer addressed the Board and stated they purchased the property in 1983 with the intention of bringing all four brothers and their families to live there; he noted they have never tried to stall. However, they have backed out of situations, such as during CTR in 1988, when at the last meeting he felt it would never happen and so withdrew rather than proceed and pay all the county fees. In addition, they paid out $3,000 seeking a variance; he acknowledged they have done things illegally out of desperation, but they want to make it legal.

Discussion and questions from the Board followed; there was much discussion about the PUD and if the campground will be a part of the PUD, along with the residence and the open space, under common ownership for a multiple use on the property. Mr. Pedas noted that under the current zoning, the O-Open zoning would not allow a PUD for residential use, but they could apply for a variance from the PUD regulations to allow it and apply for a special review for the campground use; further discussion ensued concerning the access and the grandfather status.

At this time the public comment portion of the hearing was closed and opened for Commissioner's remarks. Commissioner Duvall expressed appreciation to Mr. Chilson for his approach in trying to resolve this situation, but she doesn't want the Shaffers to go down a path that could be denied at the end; however, she cited her concern about being fair to those citizens who have had to go through county review and meet county regulations in order to have commercial sites and campgrounds. Chair Clarke noted that the applicant, through their attorney, has admitted that there is a zoning violation and the Board needs to find that a zoning violation exists; however, with regard to compliance, he has no problem with the Shaffers going through the PUD process, and he would like to take Mr. Chilson's offer and withhold legal action as long as they are proceeding in good faith. Commissioner Duvall asked how likely is this to be approved in terms of technical requirements; Mr. White responded that the previous plan had a lot of problems over which they have no control, like the flood plain, but they can design around some of the other technical things and meet the requirements. Mr. White requested input from the County Attorney concerning the County's liability if we allow them to continue as they are doing now and there is a flood and somebody drowns, etc.; he asked if we should require a "hold harmless agreement" from the property owners? Mr. Abrams stated that would be a reasonable request under the circumstances. Commissioner Duvall's stated she cannot support continuing the current camping operation until they have gone through the PUD process and received approval and the proper sanitary facilities installed; Chair Clarke stated this concerns him as well and, in his opinion, this continued use of camping is the one weak link in the proposal. There was discussion of how long this whole process would take; Mr. White noted that it takes 8 to 12 months to get a PUD through. Mr. White continued that a separate special review request, with the information currently available, might take 5 to 7 months depending on how technical it is. Mr. White stated that the County could require that within the next two months, the Shaffers have to submit their proposal to CTR and two months later submit it to the Planning Commission; Mr. Chilson stated that it has been his experience that in 90% of the cases when items go before the Planning Commission, the applicant generally has to go back and redo the proposal. Mr. Chilson proposed two months to go to CTR but he thinks it will take 14-15 months to get it through the Planning Commission.

After further discussion, Chair Clarke recommended that the PUD request be submitted to CTR within 60 days and if it is not, the engineer must give staff a good reason why it is not; from that point on, the request will proceed through the county system as quickly as possible. Mr. Clarke stated that the PUD request is to be for four clustered units and the remainder of the property left in open space with an easement in perpetuity for that purpose, and the camping should not continue until there is a proper campground with good sanitary facilities approved. Commissioner Duvall asked if Jeff Shaffer should be allowed to continue to live in his home without a building permit and she asked if it had sanitary facilities. Mr. Shaffer responded that it is on an existing holding tank and there is also a sealed vault outhouse for the campground; the main house and the mobile home are on a septic system and they have potable water. Commissioner Duvall stated she would like to refer this matter back to staff to work with Mr. Chilson and the applicant to draft a written agreement and conditions with which everyone agrees; Mr. Pedas stated that input from the Health Department will be needed, as they have some concerns.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners find, in the matter of the Shaffer Violation, that a zoning violation exists, require that county staff work with Mr. Chilson and the applicant to devise a plan within 60 days to alleviate the existing situation on this property, and authorize legal action if that plan does not move forward in a reasonable fashion.

Motion carried 2 - 0.

The meeting adjourned at 4:45 p.m.

WEDNESDAY, JUNE 5, 1996

ADMINISTRATIVE MATTERS

(#42)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided and Commissioner Duvall was present; as noted previously, Commissioner Disney is out of town this week. Also present were: Lew Wymisner, Assistant Director Employment and Training Services; Linda Coxen, District Attorney's Office Administrator; Bob Keister, Budget Manager; Al Kadera, Subdivision Administrator; Deni LaRue, Expansion Project Coordinator; Debra Passariello, City of Fort Collins; Joan Duchene, Commissioner's Office Supervisor; and Donna Hart, Community Information Officer. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following three persons addressed the Board during the open session for public comment: Jerry Shaffer, Tom Bender, and Jim Braggonier. Mr. Schaffer, partner in the White Buffalo establishment in Loveland, CO., which recently had their liquor license revoked, stated he is hopeful they can get their license back and he assured the Board that if they do, he plans to be more actively involved in the business and with the neighbors; he noted they have definitely learned from their mistakes. Mr. Shaffer stated he would leave his name and phone number with the Board so if they have questions or concerns regarding the White Buffalo, they can call him personally; Chair Clarke stated that the Board has received correspondence from the attorney for the White Buffalo asking for the Board's reconsideration of the denial of their liquor license and with that letter on the table, the Board does not have the ability to call him and discuss matters. Mr. Shaffer stated he wishes he had been more involved previously and is trying to do what he can to prevent litigation. Commissioner Duvall asked Mr. Shaffer if the White Buffalo is cooperating now by lowering the music volume, since they are continuing to operate their business without their liquor license; Mr. Shaffer informed the Board they have canceled all the national acts because they are the loudest, but are continuing with previously scheduled wedding receptions, some local bands, etc., and are keeping the music volume down.

Mr. Bender stated he attended the Environmental Advisory Board (EAB) meeting in May to present the Farm Bureau's opposition to their non-management, anti-agriculture, and biologically incorrect recommendation on the revision of the Arapaho & Roosevelt National Forest (ARNF) Plan. Mr. Bender submitted a memo stating why Farm Bureau is opposed to Alternative H and why they support Alternative I; he noted that Alternative H prohibits multiple-use, responsible natural resource management and stewardship necessary for ecosystem and economic sustainability. Alternative I provides the needed emphasis on ecosystem restoration and enhancement by incorporating the best, most successful principles of managing ecological dynamics while providing goods and services demanded by society. Much discussion followed; Chair Clarke wondered what the opinion of the proposed Larimer County Agricultural Advisory Board would be regarding the Alternative I recommendation.

Mr. Braggonier discussed several matters of concern to him relative to the Downtown Civic Center Plan; one issue of concern is that the performing arts center is shown next to the railroad tracks and should either be relocated or built inside a separate building for sound separation. Two other issues of concern are that the plan shows the courts building adjacent to the street but without separation from other buildings and he is concerned about security; he is also concerned about controlling costs and providing a maximum amount of benefit to the taxpayers. Mr. Braggonier noted that, in his opinion, the method selected to bundle the projects into a design built project is fraught with problems with controlling cost overrun; by going to a bundled design built project, most of the construction bids will not be awarded to local contractors and he thinks the project should be broken down into small parts because they can be controlled better than large ones. Mr. Braggonier noted that one of the ideas of the plan that is good is the provision of transportation at the center of the site, thereby using the existing track and a potential of a Denver line for passengers. Commissioner Duvall stated that a small group of advisors is being formed to help with the evaluation of the proposals and she asked Mr. Braggonier if he would be in that advisory group; he indicated he would be happy to help with the evaluation.

2. PRIVATE INDUSTRY COUNCIL AND ECONOMIC DEVELOPMENT COMMITTEE MEMBERSHIP: Mr. Wymisner stated that the Private Industry Council, during their May meeting, voted to recommend to the Board of County Commissioners that Carolyn Mason and Elizabeth Glathar be moved from Associate Member (non-voting) status to Regular Member (voting) status and he requested the Board make these appointments.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint Carolyn Mason and Elizabeth Glather be moved from Associate Member (non-voting) status to Regular Member (voting) status on the Private Industry Council.

Motion carried 2 - 0.

Mr. Wymisner noted he has received fourteen applications for the Economic Development Advisory Committee; he asked the Board what process they want to follow to sort through these applications. As Commissioner liaison to this Committee, Chair Clarke stated he would like to screen the applications and, along with Mr. Wymisner and other persons who need to be involved, conduct interviews of the applicants; Chair Clarke suggested Mr. Wymisner contact Ms. Hart and Ms. Duchene to schedule the interviews.

3. DISTRICT ATTORNEY'S STORAGE AND FILING AREA: Mr. Anderson informed the Board that Ms. Coxen has put together a proposal for "Spacesaver" shelving in a renovated space at the Opera Galleria at a cost of $15,150; as there is $13,435 remaining in the District Attorney's 1996 Capital Outlay Fund, they are requesting $1,715 additional dollars for this shelving. Ms. Coxen informed the Board that originally the plan was to rent additional space for these files; however, with this shelving, they will not need to lease that additional space and over the next five years, a savings of $30,000 will be realized. Ms. Coxen noted, however, that all of the files they have in boxes won't fit on the shelving system; therefore, she requested the Board to allow them to look at an archived imaging system, which would cost about $30,000. Discussion followed and the Board stated they support the idea of looking into the archived imaging system.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the expenditure of $1,715. to install "Spacesaver" shelving in the District Attorney's Office, as requested, with these monies to be derived from the Capital Expenditures Fund.

Motion carried 2 - 0.

4. RED FOX ROAD - RIGHT OF WAY DEDICATION: Mr. Kadera described a surveyor's error in which a deed from the developer of the Fox Hill Subdivision to the Association inadvertently included a strip of land that is platted, and intended for use, as a portion of Red Fox Road; consequently, Larimer County has requested a Deed of Dedication from the Association to make the omitted strip of land available for public use as a portion of Red Fox Road. Mr. Kadera noted that the Association Directors examined the Deed of Dedication and unanimously approved the execution and delivery of such deed to the County of Larimer.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the acceptance of the Red Fox Road Right-of-Way Deed of Dedication on behalf of the public.

Motion carried 2 - 0.

D96-17 RED FOX ROAD RIGHT-OF-WAY DEED OF DEDICATION

5. WORKSESSION:

-- Juvenile Transport Billing: Mr. Gluckman informed the Board that last week he received a call from Extraditions International, the company we contract with to provide transportation for Mental Health, YSB, Social Services, the Sheriff, etc.; currently, they submit separate bills to each department and we have separate invoices and separate checks cut. Mr. Gluckman stated that it would be simplify matters if there could be a single coordinating entity for billing purposes; Mr. Gluckman spoke with Brent Nittmann, YSB Manager, and Youth Services is willing to assume this bookkeeping responsibility.

-- Request for Direction for Appointing Interim Director in Community Corrections: Mr. Gluckman requested direction from the Board regarding the appointment of an Interim Director for Community Corrections, subsequent to Paul Cooper's resignation; he asked the Board if they want recommendations for this interim position from Mr. Cooper. The Board indicated they would welcome Mr. Cooper's recommendations for Interim Director of Community Corrections.

-- Request for Funding for COPS Grant: Mr. Gluckman noted that the Sheriff's Department has received approval of a COPS grant for five additional patrol deputies; he submitted a breakdown of the costs, as prepared by Budget Manager Mr. Keister, indicating the pro-rata share for the County and Wellington for salary and benefits, equipment, and operating supplies for the years 1996 through 1999, and indicating the declining Federal participation each year. Mr. Keister noted that the Board needs to appropriate $142,258 for our 1996 contribution to match this grant.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve five new positions for five additional patrol deputies to enable the County to participate in the Federal COPS program, and authorize the appropriation of $142,258 to be derived from 1995 Carryover and taken out of the 1996 budget.

Motion carried 2 - 0.

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

6. CIVIC CENTER MASTER PLAN AND FACILITIES PLAN UPDATE: Ms. Passariello stated that the purpose of today's meeting with the Board is to provide a quick update of the Downtown Civic Center Master Plan. Ms. Passariello reminded the Board that last summer Larimer County and the City of Fort Collins passed joint resolutions asking that a Master Plan for the Civic Center area be drawn which would create a vision that had a mixture of uses (anchored by civic buildings and civic spaces), be a major activity center for entertainment, commercial, and cultural uses, and provide links and connections and transportation choices; she submitted a map of the twelve block area of the Master Plan and she reviewed it in detail with the Board and noted it will fit in with the City/County Plan. Ms. Passariello stated that it will take 10-20 years to build this framework plan out and it will be flexible and subject to change to accommodate events and needs; she noted that this twelve-block area is in four different zoning districts (business, industrial, commercial and residential) and some of those districts don't allow uses they are proposing and so they plan to consolidate the districts to allow appropriate uses and design guidelines. Ms. Passariello noted that the City Council adoption date of the Plan has been postponed until July 16, 1996 and she asked if the Board would be willing to make a recommendation by resolution that City Council adopt this Plan. Chair Clarke informed Ms. Passariello of some of the concerns raised earlier this morning by Mr. Braggonier; Chair Clarke and Commissioner Duvall both indicated their support of this Downtown Civic Center Master Plan and suggested Ms. Passariello work with Mr. Gluckman in preparing a draft resolution for the Board to sign recommending the Plan to the City of Fort Collins.

7. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of May 27, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of June 10, 1996, as submitted and amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the following miscellaneous documents, as listed on the Consent Agenda on Document Review for June 5, 1996:

MISCELLANEOUS DOCUMENTS: Findings and Order in the Matter of New Moon Enterprises, LLC dba the White Buffalo in Loveland, CO. - License Number 23-34533-0000; Lamb Minor Land Development Plat; Crystal Lakes 13th Amended Plat - Lots 21 and 22; Summer Youth Employment and Training Plan - Expenditure Authorization Signature Page. LIQUOR LICENSES: A license was issued to the Riverbend Resort - 3.2% - Loveland, CO. County approval was granted to: Ptarmigan Club - 6% - Fort Collins, CO.; J.J.'s Lounge - 6% - Fort Collins, CO.; Waive of Hearing for Change of Ownership for Lucas Management, Inc., dba Bruce's Dark Horse Restaurant & Lounge - 6% H & R License; Special Events Permit for Vajradhatu - 6% - Red Feather Lakes, CO.; National Park Village North - 3.2% - Estes Park, CO.; National Park Village North - 6% - Estes Park, CO.; Conoco No. 06381 - 3.2% - Bellvue, CO.; Conoco No. 06382 - 3.2% - LaPorte, CO.; Dal-Rae's High Country Inn - 6% - Red Feather Lakes, CO.; Waive of Hearing for Change of Ownership for Earl Lee Shawver dba Bob's Liquor - 6% Retail Liquor Store License; Special Events Permit for the Glen Haven Area Volunteer Fire Department, Inc. - 6% - Glen Haven, CO.

A96-78 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BARRY EUGENE AND ALICE J. PRECHT

(Project #181)

A96-79 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND RICHARD MALEK,

M.D. (Psychiatric Services & Care to LCMHC Patients)

A96-80 MONITORING SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND BI INCORPORATED

(Electronic Monitoring Equipment and Services)

A96-81 PROFESSIONAL SERVICES AGREEMENT LETTER BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND EXTRADITIONS

INTERNATIONAL (Original Agreement signed January 3, 1996)

C96-28 MASTER CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE, GOVERNOR'S JOB

TRAINING OFFICE (Authorization of JTPA Programs and Maximum

JTPA Funding)

C96-29 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE WARNING LITES & EQUIPMENT,

INC. (1996 Pavement Marking Program - Project #9026)

C96-30 CONTRACT AMENDMENT #2 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE, OFFICE OF

ENERGY CONSERVATION (OEC) (Support of Year-round Youth

Conservation Corp Program)

C96-31 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE, DEPARTMENT OF LABOR

AND EMPLOYMENT (Reimbursement for Environmental

Remediation in Wellington)

D96-18 DEED OF DEDICATION BY MICHAEL JAMES PRECHT

(Dedication of Property for Project #181 - County Road 30)

R96-87s FINDINGS AND RESOLUTION DENYING THE ANDERSON

MINOR RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 2 - 0.

8. LEGAL MATTERS:

At this time Assistant County Attorney Ralph Harden joined the meeting for Legal Matters; he requested Board approval of a Release of Deed of Trust and a Resolution for Conveyance, as well as other closing documents, involving property in Glacier View Meadows.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Request for Release of Deed of Trust and Release to Darrell G. and Mary A. Schulte for Lot 183, Glacier View Meadows Twelfth Filing, and authorize Chair to sign same.

Motion carried 2 - 0.

D96-19 REQUEST FOR RELEASE OF DEED OF TRUST TO DARRELL G.

AND MARY A. SCHULTE FOR LOT 183, GLACIER VIEW

MEADOWS 12TH FILING

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve a Resolution for Conveyance and Quit-Claim Deed to Daka Properties, LLC for Lots 65, 66, 72 and 73 in Glacier View Meadows Subdivision, Twelfth Filing, and authorize the Chair to sign same.

Motion carried 2 - 0.

R96-88g RESOLUTION FOR CONVEYANCE FROM BOARD OF COUNTY

COMMISSIONERS TO DAKA PROPERTIES, LLC. FOR LOTS 65,

66, 72 AND 73, GLACIER VIEW MEADOWS SUBDIVISION,

12TH FILING

D96-20 QUIT-CLAIM DEED TO DAKA PROPERTIES, LLC. FOR LOTS

65, 66, 72 & 73 IN GLACIER VIEW MEADOWS SUBDIVISION,

TWELFTH FILING

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to discuss potential litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:20 a.m.; no action taken.

ABATEMENT HEARING FOR CALVIN & REHA JONES

(#43)

The Board of County Commissioners reconvened at 2:30 p.m. for an Abatement Hearing to consider a Petition for Abatement or Refund of Taxes. Chair Clarke presided and Commissioner Duvall was present; as noted previous, Commissioner Disney is out of town this week. Also present was Janet Gleiforst, Senior Residential Appraiser. Recording Clerk, S. Graves.

Before the hearing commenced, Ms. Gleiforst informed the Board that the letter previously sent to the Board from the Assessor's Office recommending denial of the Petition for Abatement for the property at 3140 Stoney Ridge Road (Parcel No. 98293-21-002) in LaPorte, CO., should have stated that they are recommending partial approval because they are recommending a lower value of $115,866, rather than $126,700; she noted that the lower value is being recommended because, after doing a on-site appraisal, it was realized that the detached garage was listed much larger than it actually is.. Ms. Gleiforst reviewed the Assessor's packet and reviewed the map showing the location of the subject property and the three comparables which were used for comparison.

Elgin Hundtoft, agent for the property owner, submitted a summary of facts and figures explaining how the petitioners arrived at a revision of their original estimate of actual value at $107,000, up from $97,000, and he reviewed the comparables he used, which are the three other homes adjacent to the subject property. Mr. Hundtoft reviewed several graphs comparing the Assessor's actual value and building sites of the four homes and noted he used a different approach to value--equalization; he quoted from a letter from the Board of Assessment Appeals (BAA) in which they describe a 4th approach to value, which is equalization.

Lengthy discussion followed regarding the different approaches used by both the Assessor's Office and the Petitioner to arrive at the value each thinks is correct. Commissioner Duvall stated she cannot justify lowering the value based on a statistical analysis which has not been applied to other homes as the market comparable approach the Assessor has taken has been applied to all the homes they have evaluated and the Board needs to abide by the same method; Chair Clarke concurred.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioner accept the Assessor's recommendation for partial approval of this Petition for Abatement and reduce the value placed on the property at 3140 Stoney Ridge Road in LaPorte, CO. (Parcel No. 98293-21-002) to $115,866.

Motion carried 2 - 0.

The hearing adjourned at 3:15 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk