PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 14, 1997

ABATEMENT HEARING FOR STEELE'S MARKET, INC.

(#170 & #171)

The Board of County Commissioners met at 10:30 a.m. for an Abatement Hearing for Steele's Market, Inc. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Larry Johnson, Deputy Assessor; and Christine Murray and Patty Ring, Senior Appraisers. Recording Clerk, S. Graves.

Mr. Elgin Hundtoft, agent for the petitioner, stated that the improvements component of the subject property for tax year 1995 is believed to have been erroneously valued by the County Assessor at $44 per sq. ft.; he noted that based on a reconciled estimate of fair value for improvements of $22.50 per sq. ft., the owners estimate of value for tax year 1994 is $2,121,600 and for 1995 $2,210,000. Mr. Hundtoft reviewed the comparables they used in arriving at this value. Ms. Murray stated that after consideration of the cost, market and income approaches, the Assessor's Office arrived at a final value of $3,160,000 for the for the subject property. Mr. Hundtoft presented numerous data sheets with graphs plotting the improvement value of property after land values had been subtracted from the total value of the property; his methodology was to equalize the improvement value only with no regard for total value. Mr. Hundtoft's methodology was disputed by the Assessor's office appraisal staff because appropriate appraisal methodology required by the guidelines provided by the Appraisal Institute and the State of Colorado requires equalization of similar property to be based on the total value of a property and establishing those values by the use of three acceptable approaches--cost, sales comparison, and income capitalization. Much discussion followed.

M O T I O N

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 Steele's Market, Inc. for Parcel No. 97264-33-001 for the years 1994 and 1995 and support the Assessor's valuation on this property at $3,160,000.

Motion carried 3 - 0.

At this time, the Board considered the Petition for Abatement for the same parcel as above, but for 1996; Mr. Hundtoft informed the Board that this determination of value and arguments were the same as for 1994 and 1995 and his estimation of value for 1996 is $2,210,000. Ms. Murray reviewed the packet of information prepared by the Assessor's Office; she noted that after consideration of the cost, market and income approaches, the Assessor's office arrived at a value of $3,289,500 for the subject property. Gary Wright and David Hazen requested further clarification of how the value was determined on this property and both indicated they think the Assessor's Office assessment is out of line. Much discussion followed.

M O T I O N

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 Steele's Market, Inc. for Parcel No. 97264-33-001 for the year 1996 and support the Assessor's valuation on this property for $3,289,500.

Motion carried 3 - 0.

The hearing recessed at 12:05 p.m.

ABATEMENT HEARING FOR STEELE'S WINDSOR MARKET

(#170 Side B)

The Board of County Commissioners reconvened at 12:10 p.m. for an Abatement Hearing for Steele's Windsor Market. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Larry Johnson, Deputy Assessor; and Christine Murray and Patty Ring, Senior Appraisers. Recording Clerk, S. Graves.

This request for abatement is for Parcel No. 96011-15-001 (Steele's Windsor Market on Harmony Road) for 1994 and 1995. Mr. Hundtoft, agent for the petitioner, stated that this reduced valuation request is based on a comparison of Assessor's valuations of similar nearby properties and, using a more consistent measure of building area than is recorded in the County's records, his estimate of actual value for 1994 is $2,033,400 and $2,156,100 for 1995. Mr. Hundtoft stated that the major problem between the Assessor's Office and himself is in the difference of how each perceives where the value of the land should be looked at in equalizing values; the Assessor's way of the combined value divided by the square foot of the property is the opposite of how he figures value, which is that the only legitimate value of the building is the value of the building divided by the square feet of the building. Mr. Hundtoft stated that the Assessor's Office is not being fair by comparing this property to big properties with big land values. Ms. Ring stated that the Assessor's Office is required to use three approaches to value to appraise property and in determining value they do make adjustments for location. Mr. Johnson reiterated that this is the appropriate methodology applied by the National Appraisal Institute and the State of Colorado. Chair Disney asked if the Assessor's Office has the discretion to use Mr. Hundtoft's formula for determining value; Mr. Johnson responded in the negative. Ms. Murray reviewed all the salient facts and conclusions of the Assessor's Office and noted that after consideration of the cost, market and income approaches, the value of $3,139,800 was determined to be the most accurate for 1994 and $3,376,100 for 1995. Much discussion followed.

M O T I O N

Commissioner Olson 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 Steele's Windsor Market for Parcel No. 96011-15-001 and support the Assessor's valuation of $3,139,800 and 1994 and $3,376,100 for 1995.

Motion carried 3 - 0.

The hearing recessed at 12:35 p.m.

MEETING REGARDING THE BIG THOMPSON STUDY AND UTE/SNOWY INTERGOVERNMENTAL AGREEMENT

(#172)

The Board of County Commissioners reconvened at 3:00 p.m. with K-Lynn Cameron, Open Lands Manager and John MacFarlane, Director of Parks and Open Lands. Chair Disney and Commissioner Clarke was present; Commissioner Olson was absent. Recording Clerk, S. Graves.

1. Snowy Ridge Intergovernmental Agreement: Ms. Cameron requested Board approval of the Intergovernmental Agreement concerning the Snowy Ridge property; she noted that the Cities of Fort Collins and Loveland have signed the agreement and the closing on the property is at 10:00 a.m. tomorrow.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Intergovernmental Agreement concerning the Snowy Ridge property and authorize the Chair to sign same.

Motion carried 2 - 0.

A97-54 INTERGOVERNMENTAL AGREEMENT CONCERNING THE

SNOWY RIDGE PROPERTY BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

AND THE CITY OF LOVELAND

Ms. Cameron stated that the Open Lands Board suggested that there be a celebration of the Ute/Snowy Ridge property out on the site at sunset on May 15, 1997 and she invited the Commissioners to attend.

2. Presentation of Big Thompson River Study: Ms. Cameron provided a brief overview of the results of the Big Thompson River Study; she noted the study went from the mouth of the Big Thompson Canyon to the Weld County line covering 7600 acres. Ms. Cameron presented individual maps showing the ecological considerations, floodway and flood plain, visual resources, composite of Open Lands priorities, and land ownership of parcels larger than 10 acres.

3. Larimer County Open Lands Program 1996 Annual Report: Ms. Cameron submitted the 1996 annual report of the Open Lands Program, including their mission statement, information about the Open Lands Board, and the acquisitions in cooperation with others.

4. Review of proposed Resource Allocation Models for the County Open Lands Fund: Ms. Cameron submitted copies of the proposed resource allocation model and stated that the Open Lands Board would like to adopt this allocation model at their next meeting; the handout indicated how the funds will be leveraged with grants and partnerships. Mr. MacFarlane stated that the Open Lands Board will use this model as a guide to evaluate where they are every six months.

5. Open Lands Board Meeting on April 24, 1997: Ms. Cameron reminded the Board that Amy O'Herron of the Montana Land Reliance will speak at the Open Lands Board meeting on April 24, 1997 from 5 to 7 p.m. at the Loveland Library.

The meeting adjourned at 3:50 p.m.

TUESDAY, APRIL 15, 1997

ADMINISTRATIVE MATTERS

(# 173 & #174)

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: George Hass, County Attorney; Keith Olson, Executive Director Mental Health; Rich Cohan, Manager of Business Operations and Finance, Mental Health; Janelle Henderson, Director Natural Resources; Rex Smith, Director Public Works; Kathy Snell, Director of Health and Human Services; Kate Trembley, Risk Manager; Scott Weede, Occupational Health Specialist; Ralph Jacobs, Director Human Resources; Larry Timm, Director, Planning Department; Tom Garton, Building Services Supervisor; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, Gael Cookman.

1. LEGAL MATTERS:

-- Mr. Hass requested the Chair's signature on a Promissory Note and Deed of Trust in order to finance the purchase of the Snowy Ridge property from Ute Farm Incorporated.

MOTION

Commissioner Clarke moved for approval of the Promissory Note and Deed of Trust in financing the purchase of the Snowy Ridge property.

Motion carried 3-0.

D97-11 DEED OF TRUST BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE PUBLIC TRUSTEE OF THE COUNTY

IN WHICH THE PROPERTY IS SITUATED; FOR THE BENEFIT

OF UTE FARM INCORPORATED; AND A PROMISSORY NOTE

BINDING THE BOARD OF COUNTY COMMISSIONERS TO PAY

THE SUM OF $1,550,000.00.

-- Mr. Hass requested approval on an interim agreement which will allow Clyde and Jan Canino, owners of the Forks Café, the rights to draw water from a county owned well. Mr. Hass explained that this agreement is terminable by either party by giving 30 days written notice, and shall only last until the Livermore Community Water Association has been formed.

MOTION

Commissioner Clarke moved for approval of the interim agreement concerning the County's water rights being used by Clyde and Jan Canino at the Forks Café.

Motion carried 3-0.

A97-55 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND CLYDE G. CANINO AND JAN H.

CANINO AND THEIR ASSIGNS (Allowing use of water at the

Forks Café from the county well)

-- Mr. Hass informed the Board that a lawsuit has been filed against himself and Patty Dean, Social Services Child Protection Supervisor, and requested permission to hire Hall & Evans to represent them. The lawsuit was filed by William and Kenny Sanderson in reference to an alleged child abuse case which took place in 1992-93, concerning Jack Shepard of Cache La Poudre Junior High. Mr. Hass explained that the Sheriff's Department requested Social Services conduct an investigation and the County Attorney's Office advised Social Services on the matter.

MOTION

Commissioner Olson moved for approval allowing Mr. Hass to hire Hall & Evans to represent himself and Patty Dean regarding this lawsuit.

Motion carried 3-0.

2. OPEN SESSION FOR PUBLIC COMMENT: Mr. Landis Clark addressed the Board during the open session for public comment; he explained that he donates the use of a building he owns to the Livermore community to be used as a community center for craft fairs, plays, etc. Mr. Clark stated that last fall, County building inspectors informed him that the building is not up to code, and to be able to continue to use the building for these community functions, some renovations would have to be made; the cost to make the improvements is now approximately $50,000. Mr. Clark explained that he does not have this kind of money to invest in a barn that is only being used periodically for community functions. Mr. Clark came to the Board to ask for help in finding a solution to this problem; one that will not be too costly, but will still allow the continued use of the building for community functions. Mr. Garton responded by explaining the building departments position on code enforcement; some discussion followed. Chair Disney explained to Mr. Clark that the County cannot ignore code violations and to do so, could cause the County to be liable in case of fire or other accidents. Commissioner Clarke agreed that it is the County's responsibility to ensure the building is safe for public use, and suggested that Mr. Clark meet with the planning and building departments in order to find a resolution to this problem; one that will ensure a safe building and one that will hopefully address the cost issue as well.

3. APPROVAL OF MINUTES FOR THE WEEK OF APRIL 7, 1997:

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of April 7, 1997.

Motion carried 3-0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF APRIL 21, 1997:

MOTION

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of April 21, 1997.

Motion carried 3-0.

5. CONSENT AGENDA:

MOTION

Commissioner Clarke moved for approval of the following documents as listed on the consent agenda on document review for April 15, 1997:

-- Resolution adopting the Uniform Fire Code for the Windsor-Severance Fire

Protection District.

R97-33g RESOLUTION ADOPTING THE UNIFORM FIRE CODE, AS AMENDED FOR THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT.

-- Appointments to the Larimer County Private Industry Council:

The following named individuals have been appointed/reappointed to the Larimer County Private Industry Council, each for a four-year term beginning July 1, 1997, and ending June 30, 2001: Liz Glathar, Will Harper, Laura Huntley, Roland Mower, Ed Stoner, Jean Thomas, Frank Bruno, LeRoy Gomez, Doug Keasling, Lee Lapp, Carolyn Mason, Paul Thayer, and Nancy Wear.

-- Building Inspection Staffing change from limited term employment to regular employment positions.

MISCELLANEOUS DOCUMENTS: Baker - Williams Minor Land Development Plat; Larimer County Application for FY 97-98 State Bridge Fund Monies (Bridge Numbers: LR56-0.30-11 and LR901-0.5-48 over the Larimer County Canel) and, Special Bridge Fund Bridge - Project Cost Estimate for each Bridge (Bridge Numbers: R56-0.3-11 and LR901-.05-48 over the Larimer County Canel); Larimer County Operating Procedure - Administrative Operating Procedure 100.1B - Subject: Larimer County Board, Commissions, Councils and Committees; and Environmental Advisory Board Bylaws

LIQUOR LICENSES: Licenses were issued to: Glen Haven General Store - 3.2% - Glen Haven, CO.; Johnsons Corner Campground - 3.2% - Loveland, CO.; South Taft Hill Liquor, Inc. - 6% - Fort Collins, CO.; County approval was granted to: Lincoln St. Grille - 6% - Fort Collins, CO.; Fort Namaqua Wine & Spirits - 6% - Loveland, CO.; White Buffalo - 6% - Loveland, CO.; Waive of Hearing for SPECIAL EVENTS PERMIT for Hearts & Horses - 6% - Loveland, CO.

A97-56 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MICHAEL LADEN

(Grasslands Subdivision 1st, 2nd, and 3rd Filings)

A97-57 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DIVISION OF WILDLIFE (Provision of Weed Control on the CDOW's Lands in Larimer County)

R97-34s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS FOR LONGVIEW SUBDIVISION

R97-35z FINDINGS AND RESOLUTION DENYING THE PETITION OF ANDY AND ANDREA ANDREWS TO AMEND CONDITIONS OF SALLEE REZONING

R97-36s FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF AUDREY'S ACRES MINOR RESIDENTIAL DEVELOPMENT AND AMENDED EXEMPTION OF THE HAMMOND EXEMPTION AND VACATION OF ACCESS EASEMENT

R97-37s FINDINGS AND RESOLUTION APPROVING THE PLAT OF IHNEN MINOR RESIDENTIAL DEVELOPMENT

R97-38s FINDINGS AND RESOLUTION APPROVING THE PLAT OF SAKOWICZ MINOR RESIDENTIAL DEVELOPMENT

Motion carried 3-0.

6. WORKSESSION:

-- Elitch Gardens Amusement Park Proposal: Ms. Hart discussed the proposed schedule and costs involved should the Commissioners decide to again offer Elitch tickets at a discounted rate to County employees. Discussion followed on how to best distribute the tickets to employees. Ms. Hart suggested that this year she would like to take requests for tickets, along with payment in advance; once all requests were collected, they would be combined and tickets would be issued based upon a random selection process. Those persons whose requests were not drawn, would have their money refunded. This would eliminate employees having to stand in long lines only to be turned away once tickets ran out. The Commissioners decided to limit the number of tickets to six per family; and set the employee cost at $10.00 per ticket.

MOTION

Commissioner Olson moved that the Board approve the allocation of $2,250.00 from the Special Projects Fund in support of the Elitch Gardens Amusement Park outing scheduled for August 30, 1997.

Motion carried 3-0.

-- Rockies Baseball Game: Ms. Hart discussed transportation options for the Rockies Baseball Game on Sunday, June 29, 1997. Double Decker Bus Company had the lowest price at $368.00 per bus, plus a $20.00 per bus parking fee; Ms. Hart determined that three buses would be sufficient to support this function.

MOTION

Commissioner Clarke moved that the Board approve the allocation of $1,359.00 from the Special Projects Fund to provide employee bus transportation to the Rockies Game on Sunday, June 29, 1997.

Motion carried 3-0.

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

6. PROPERTY LEASE FOR MENTAL HEALTH: Keith Olson requested the Board approve efforts to negotiate a lease arrangement with Mr. Brad Lenz, for the lease of the building at 148 Remington Street, Fort Collins, CO 80521, in order to provide additional office space and treatment facilities for the use and benefit of the Child and Family Center. The property includes 4200 square feet which can be leased for approximately $13.00 per square foot annually; the lease would be for 8 - 10 years, with the possibility of a rate adjustment at the 3 - 5 year mark. Mr. Olson explained that they would be able to participate in the remodeling of this building which would allow them to have the offices built to suit their needs. Mr. Olson noted that there may be a problem with parking, but he feels confident that they could work around that issue. After some discussion, the Commissioners determined that this would be a good idea to pursue.

MOTION

Commissioner Olson moved for approval of the Mental Health Department to pursue negotiations in securing a lease for the property at 148 Remington Street, to accommodate the Child and Family Center.

Motion carried 3-0.

7. UPDATE ON LANDFILL FINANCIAL PROBLEMS: Janelle Henderson informed the Board that Waste Management is diverting substantial amounts of trash from the Larimer County Landfill and taking this trash to its own landfill in Ault. Consequently the Natural Resources Department is projecting a $1 million shortfall in revenue for 1997. Ms. Henderson feels they can offset some of this revenue loss through unencumbered fund balance; however, she does not see this as a viable long-term solution. As a result, Ms. Henderson requested the Board allow the Natural Resources Department to drop the surcharge on out-of-county trash at the Larimer County Landfill in an attempt to replace revenue being lost from Waste Management's diversion efforts. Ms. Henderson stated that alternatives to this action would include reducing or eliminating projects, services and people; specifically by closing the Recycling Center, eliminating the household hazardous waste programs, or by closing the transfer stations, all of which could greatly affect the community. Ms. Henderson also brought up the possibility of raising tipping fee rates at the landfill; although this is being considered, it is not something she recommends at this time. Much discussion followed. Commissioner Clark addressed the fact that in this situation the County is in direct competition with private enterprise, and where privately owned companies would be working towards a profit margin, the County is using its profits to provide additional programs and services for the community. Chair Disney noted that there were a few potentially affected interested parties in the audience, and asked them if they had any comments to add to this discussion. Art Gallegos, Gallegos Sanitation Inc., Mick Mercer, City of Loveland Solid Waste Division, and Susie Gordon, City of Fort Collins Natural Resources, all gave some input as to their positions regarding this situation. The Commissioners agreed that eliminating the out-of-county surcharge seemed to be the best option at this time.

MOTION

Commissioner Clarke moved to eliminate the 2.5 times markup for out-of-county trash being taken to the Larimer County Landfill.

Motion carried 3-0.

MOTION

Commissioner Olson moved that the Board of County Commissioners go in to executive session at 10:50 a.m. to discuss a personnel matter with Ms. Tremblay.

Motion carried 3-0.

The Executive Session ended at 10:55 a.m., and the following action was taken.

MOTION

Commissioner Olson moved to approve the waiver of Personnel Policy, Section F, specific to the voluntary resignation of Kathie Mills allowing her full payment of all accrued vacation leave hours.

Motion carried 3-0.

COMMISSIONER REPORTS:

-- Commissioner Clarke wanted to insure that Chair Disney and Commissioner Olson had a chance to read a memorandum from Brent Nittmann regarding a possible loan from the State to expand facilities for Community Corrections; as there is a limited window of opportunity to take advantage of this loan, he advised a follow up session with Kathy Snell in the near future.

-- Commissioner Olson stated that she visited Emergency Services and toured their facility.

MOTION

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:15 a.m. to discuss a personnel matter with Kathy Snell.

Motion carried 3-0.

The Executive Session adjourned at 12:05 a.m.; no action taken

ABATEMENT HEARING FOR STEELE'S WINDSOR MARKET FOR 1996

(#171 @ 500)

The Board of County Commissioners reconvened at 1:30 p.m. for continuance of the Abatement Hearing for Steele's Windsor Market (on Harmony Road) for the year 1996. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Larry Johnson, Deputy Assessor; and Christine Murray and Patty Ring, Senior Appraisers. Recording Clerk, S. Graves.

Mr. Elgin Hundtoft, agent for the petitioner, stated that there is little he can say to add to what was said yesterday during the abatement hearing for 1995 for Steele's Windsor Market, but for the record he noted that they are still looking at the same comparables and the same numbers and he reviewed the items and the position he took yesterday and his disagreement with the Assessor's position. Mr. Hundtoft stated that, in his opinion, the Assessor's Office has provided erroneous information and the Board acted on wrong information. Mr. Hundtoft stated that he is requesting the value for this property for 1996 be placed at $2,156,100.

Ms. Murray informed the Board that the selling price for Steele's Market as recorded in the Clerk and Recorder's Office was $3,359,261; she submitted a handout and noted that with the addition of the 8,492 sq. ft. built in 1995, and after consideration of the cost, market and income approaches, it is the Larimer County Assessor's opinion that the value of $3,900,000 most accurately reflects the value of the subject property for 1996.

Chair Disney advised Mr. Hundtoft of the difference between the legislative process and the judicial process; he stated that today's hearing before the Board is a quasi-judicial hearing and it is the Commissioners job to interpret the rules given them by the State Legislature and Mr. Hundtoft is asking the Board to change the rules. Mr. Hundtoft responded that he is not attempting to change the rules, but he is saying that the Assessor's Office interpretation of using the square footage of land plus property and building as a unit measure is not following the rules and they are wrongly using an appraisal practice. Mr. Johnson asked Mr. Hundtoft about his education in appraising; Mr. Hundtoft responded that he has received six certificates for six courses taken at the University of Colorado. Mr. Hundtoft stated that he went as far as he could go but did not get an appraisal license because then he could not do what he is doing today; he noted he passed all the courses with high grades. Chair Disney asked the Mr. Johnson, Ms. Murray and Ms. Ring if he misinterpreted what was said yesterday; they responded in the negative. Mr. Johnson stated that they cannot go by Mr. Hundtoft's set of rules - they go by equalization of the total value of the property. Much discussion followed.

M O T I O N

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 Steele's Windsor Market for Parcel No. 96011-15-001 and support the Assessor's valuation on this property at $3,900,000 for the tax year 1996.

Motion carried 3 - 0.

The hearing recessed at 2:05 p.m.

ABATEMENT HEARING FOR BOREAL BUILDERS

(#171 Side B)

The Board of County Commissioners reconvened at 2:06 p.m. for an Abatement Hearing for Boreal Builders. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Larry Johnson, Deputy Assessor; and Christine Murray and Patty Ring, Senior Appraisers. Recording Clerk, Gael Cookman.

This request for abatement regards Parcel No. 97123-40-002 (Robinson Piersal Plaza, 420 S. College - Safeway, Fantastic Sams, etc.) for the 1994 year. Elgin Hundtoft, agent for the petitioner, addressed the Board by stating that it is difficult to open the hearing when he received the complete formal report on this property only moments before. Commissioner Clarke asked why Mr. Hundtoft was just receiving this information now; Mr. Johnson explained the statutes specify that only the information used to value the property are to be furnished, and he would have gladly given a copy of the report to Mr. Hundtoft, but Mr. Hundtoft stated he was only interested in the market and income information. Commissioner Clarke wanted to state for the record that the information has been available and that the Commissioners have had it for a couple of days. Chair Disney suggested to Mr. Johnson that in the future, and in all fairness, it would be a good idea for the petitioner to have the entire packet prior to the hearing.

Mr. Hundtoft again explained that he looks at the value per square foot of the building and adds it to the land to arrive at the total valuation of the property. Mr. Hundtoft claims that the underground parking should be valued no higher than the value of an equal amount of land in the same area and on that basis the underground parking lot would be approximately $500,000.

Patty Ring explained the specifications of the property and gave the cost approach value at $5,291,440.00; market approach of $4,539,080.00; income approach of $4,480,050.00; and a reconciled value of $4,547,400.00. Ms. Ring also gave a comparison of like properties in the area. Discussion followed.

MOTION

Commissioner Olson 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 Boreal Builders for Parcel Number 97123-40-002 and support the Assessor's valuation on this property at $4,547,400 for the tax year 1994.

Motion carried 3-0.

At this time, the Board continued the hearing regarding Boreal Builders for the same property (Parcel No. 97123-40-002) for 1995/1996. Elgin Hundtoft, agent for the petitioner, had no further comments regarding this petition.

Ms. Ring explained that the Assessor's Office did go through a reappraisal process in 1995, and determined that the value of the property had remained the same: $4,547,400.

Mr. Hundtoft again denied further comment regarding this petition.

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 Parcel Number 97123-40-002 for the years 1995 and 1996 and support the Assessor's valuation on this property at $4,547,400.

Motion carried 3 - 0.

The hearing adjourned at 2:25.

________________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

______________________________________

Gael M. Cookman, Deputy County Clerk