PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 12, 1997

ABATEMENT HEARING FOR THOMAS J. BASSETT

(#181 @ 1000)

The Board of County Commissioners met at 9:30 a.m. to consider a Petition for Abatement for Thomas J. Bassett/Trustee. Chair Disney presided and Commissioner Clarke was present. Also present were: Shelley Kechter and David Muse, Commercial Senior Appraisers. Recording Clerk, S. Graves.

This Petition for Abatement is for Thomas J. Bassett/Trustee for Parcel No. 87073-21-006 for the 1995/96 tax years. Mr. Hundtoft, agent for the property owner, stated that the subject property is a steel-construction warehouse rental on a dead-end street, in the Link Lane area northeast of Fort Collins, and is open to the roof with no interior walls except for an office of approximately 1200 sq. ft. in a corner area. Mr. Hundtoft continued that there have been no recent improvements to the property, or other basis for increased valuation; therefore, the owner thinks that the 42% increase in appraised value is not justified and he is requesting that the valuation as of June 1994 be adjusted to the estimated median for the Fort Collins/Loveland area of 7.5% increase over 1992, to a fair actual value of $201,500. Ms. Kechter reviewed the salient facts and conclusions in the Assessor's packet of information; she noted that all three approaches (cost, market, and income) to value were considered and a reconciled value of $265,800 was determined to most accurately reflect the value of the subject property for the 1995/96 tax years.

Questions and discussion from the Board followed; Mr. Hundtoft discussed the comparables the Assessor's Office used to determine value for this property. Mr. Hundtoft submitted a handout to the Board of two pages from the book, "Property Assessment Valuation", which the Tax Administrator uses for training Appraisers on property assessment valuation which states that the first thing to do is subtract the value of the land because it is important to compare buildings with buildings and then add the value of the land back in; he stated that this method is also recommended by the Appraisal Institute. Much discussion followed regarding the different approaches used by the Assessor's Office and Mr. Hundtoft to determine value and, as this issue keeps coming before them, the Commissioners requested that the Assessor's Office review the book from which these pages came and then schedule a meeting with the Board and the Assessor to discuss this issue to resolve this difference of opinion for future hearings.

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 Thomas J. Bassett/Trustee for Parcel #87073-21-006 for 1995/96 and support the Assessor's valuation on this property for $265,800.

Motion carried 2 - 0.

The hearing recessed at 10:05 a.m.

ABATEMENT HEARING FOR GERALD L. GATES

(#182)

The Board of County Commissioners reconvened at 2:00 p.m. for an Abatement hearing. Chair Disney presided; Commissioner Olson was present. Also present were: Commercial Senior Appraisers Shelly Kechter and Dave Muse. Recording Clerk, Gael Cookman.

Chair Disney opened the meeting at 2:10 p.m., noting that the petitioner was not present; he asked the Assessor's Office to briefly describe the property in question. Mr. Muse stated that the Assessor's Office had re-evaluated the 1995/96 assessment on this property and agreed that the Assessor's value was too high. Mr. Muse recommended that the final indicated value of $232,400.00, be adjusted to $223,300.00.

MOTION

Commissioner Olson moved that the Board of County Commissioners approve the Assessor's recommendation and adjust the valuation for Gerald L. Gates on Parcel Number 87074-13-093 for the 1995/96 tax years to $223,300.

Motion carried 2-0.

The meeting recessed at 2:20 p.m.

LAND-USE PLANNING MEETING

(#183)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Carol Evans, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. CATHY'S POND SUBDIVISION RELEASE OF SIA (#92-SU0065):

The Board received a request to table the agenda item for Cathy's Pond Subdivision Release of SIA (#92-SU0065) until June 16, 1997.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the item Cathy's Pond Subdivision Release of SIA (#92-SU0065) until June 16, 1997, as requested.

Motion carried 3 - 0.

1. BELLCAMPTON MINOR RESIDENTIAL DEVELOPMENT (#96-EX0865):

NW 09-07-69; 350' NORTH OF LAPORTE AVENUE ON THE EAST SIDE

OF OVERLAND TRAIL; 12.86 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide a 12.86 acre parcel into 2 lots of 5.2 and 7.6 acres for single family residential use. Ms. Evans provided the project and area description and reviewed the regulatory issues and technical comments. Mr. Burns described the drainage issues and road concerns and submitted photos of the drainage conditions and ponding at the intersection of Cherry and Hollywood Streets. Mr. Burns informed the Board that the Engineering Department is recommending the construction of a detention pond capable of storing all the water from a 100-year storm to be released only in amounts that can be accepted by downstream facilities; he noted they are also proposing the formation of a stormwater utility for the West Vine Basin. In addition to the drainage improvements, Mr. Burns noted that Engineering is asking the developer to do certain road improvements to Cherry Street, and that the west end of Cherry Street be publicly dedicated to provide for a right-of-way for a cul-de-sac bulb; he also suggested that the developer participate with the property owners on Cherry Street in a maintenance agreement or maintenance association for road improvements. Mr. Burns stated that the proposed development will require a variance from the dead-end road length of Cherry Street, provided that the developer is willing to plat and provide a cul-de-sac turnaround at the west end of the extension of Cherry Street. Staff findings include: 1) The proposed BellCampton MRD is in compliance with the Larimer County Subdivision Resolution, Comprehensive Zoning Resolution, and the Comprehensive Land Use Plan; 2) Drainage problems exist in the immediate area east of the subject property. Drainage improvements, as required for this development, will help to mitigate existing problems; 3) Approval of the BellCampton MRD, with certain conditions, should not result in any significant negative impacts on the natural environment and resources, adjacent properties, transportation or provision of services.

Questions from the Board and discussion followed; Chair Disney requested that the standard plat note regarding mosquito control be included in the conditions. Chair Disney asked if comments were received from the City of Fort Collins Planning Department since this is in the Urban Growth Area (UGA); Ms. Evans responded that the comments received from them dealt with technical issues, but not UGA density issues. Applicant Pat Knoll informed the Board that this proposal was designed by an engineer and he was in contact with Mr. Burns on a continual basis to insure everything was done correctly. The following adjacent property owners addressed the Board with their concerns: Tim Craig, Kim Davidson, Mary Beck, Bruce Davidson, Bob Emanual, Curly Schieldt, and Brad Knutson. These persons discussed maintenance of the irrigation water rights for the property owners adjacent to the property on the east side, maintenance of the road after construction, and drainage; the suggestion was made that speed limit signs be erected. Many questions were asked and answered either by Mr. Burns, the Board, or staff. Mr. Burns agreed that erecting speed limit signs is a good idea and he will ask the developer to do this. Discussion followed; Mr. Burns assured the property owners that Engineering staff will inspect the streets and request quality control reports during construction. Chair Disney suggested that the homeowners give serious consideration to the formation of a special improvement district to address the historic drainage issues.

The staff recommendation is for approval of a variance from the dead end road length standard and approval of the BellCampton MRD, with the following conditions: 1) Final drainage, erosion control and grading plans and road construction plans shall be submitted and approved by County Engineering prior to recording the Final Plat. Road construction plans and fire protection plans shall be approved by Poudre Fire Authority prior to recording the Final Plat. Utility plans approved by the City of Fort Collins shall be submitted prior to recording the Final Plat; 2) Drainage facilities provided by the developer shall be sufficient to store runoff from a 100-year storm; 3) The Final Plat shall dedicate sufficient additional right-of-way along Overland Trail to provide a half right-of-way of 50 feet; 4) A road maintenance covenant or agreement shall be submitted to address maintenance of Cherry Street within the MRD to ensure emergency access. Dust control provisions shall be addressed in the agreement. Another maintenance agreement shall be submitted that addresses the coordinated maintenance of Cherry Street off-site from this development. This agreement shall be developed with the property owners along Cherry Street; notarized signatures of all property owners shall be required for recording purposes. The Final Plat shall note that the lots are subject to such agreements; 5) The developer shall be responsible for all required subdivision improvements, including fire hydrant installation, utility extensions, street signs, drainage facilities and road construction. A completed Subdivision Improvements Agreement and appropriate collateral to guarantee installation of the improvements shall be submitted prior to Final Plat recording; 6) The Final Plat shall map the wetlands delineation that was approved by the U, S. Army Corps of Engineers and shall note that work in the wetlands area may require permits from the Corps of Engineers and advise lot owners to contact that agency before beginning any work in the wetlands area; 7) Easements as required by utility providers shall be included on the Final Plat. The City of Fort Collins sanitary sewer easement crossing Lot 1 shall have a minimum width of 30 feet. Easements for multiple utility installations shall have a minimum width of 30 feet. The easement/right-of-way for the Pleasant Valley and Lake Canal Company shall be accurately mapped on the Final Plat, along with all other easements and rights-of-way of record; 8) In addition to others mentioned above, the following notes shall be included on the Final Plat: a) The following fees will be collected at building permit issuance for new residential structures on these lots: Poudre R-1 school fees, Ft. Collins UGA park fee, UGA street waiver fee, and the drainage basin fee for the West Vine Basin (amount to be calculated by the developer's engineer and noted on the Plat). Other than drainage fees, the fees current at the time of building permit issuance shall apply; b) All new utilities shall be underground; c) Engineered footings and foundations shall be required for all construction on these lots. Shallow depth to groundwater may exist; d) Results of radon detection tests conducted in new residential structures shall be submitted to the Planning Department prior to issuance of a Certificate of Occupancy. As an alternative, a builder 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; e) Many types of wildlife use this area, including deer, mountain lions, raccoons, foxes, skunks, coyotes, geese and woodpeckers. If wildlife conflicts arise, the Colorado Division of Wildlife can provide information on how to deal with these animals but it will be up to the homeowners to solve the problems in a legal manner; f) Mosquitoes may cause a significant nuisance during certain times of the year. Larimer County does not have a mosquito control program; therefore, property owners will be responsible for any efforts toward mosquito control; 9) All conditions of approval shall be completed and the Final Plat recorded prior to November 12, 1997, or this approval shall be null and void.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the BellCampton Minor Residential Development (#96-EX0865), and the variance from the dead end road length standard, subject to the conditions as amended and outlined by staff.

Motion carried 3 - 0.

The meeting adjourned at 3:55 p.m.

TUESDAY, MAY 13, 1997

ADMINISTRATIVE MATTERS

(#184)

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; John Pedas, Code Enforcement Officer; Lew Wymisner, Director Employment & Training Services; K-Lynn Cameron, Open Lands Manager; Ed Stoner, Chair Economic Development Advisory Board; Larry Timm, Director of Planning; Keith Schuett, Planner II; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Greg Meyer, Don Wubben, Linda & Bob James, Jeff Hannel, Irene & Ed Lempka, and Rodrick Triplett. Mr. Meyer expressed concern about the liquor license recently approved for a change of ownership for the former Spring Canyon Inn as he lives directly behind the establishment and noise has been a real problem in the past, as well as parking; he submitted pictures to the Board. Mr. Lancaster advised the Board that a public hearing could be scheduled to receive public comments regarding this change of ownership. Laura Krawczak, one of the new owners, informed the Board that they plan to close most nights at 10 p.m. and their emphasis will be more on serving food rather than music. Commissioner Clarke stated that the Board is aware there have been problems in the past with noise at this establishment, but he does not want to schedule a hearing; he suggested that the new owners and Mr. Meyer meet and try to resolve the concerns. Mr. Lancaster informed them that a new noise ordinance is being proposed for the County, which will require a special permit to play music outside and this will help alleviate the noise concern.

Don Wubben, Linda and Bob James, and Jeff Hamel expressed concern about the road association in the Cedar Springs area and they would like for the County to take over maintenance of the road and no longer contribute money to the association because they are not doing what the County is expecting them to do with regard to road maintenance. Mr. Hamel stated that the County is preparing to sign a new contract with the road association, but the association only represents 50% of the people in the area; Mr. Wubben submitted a list of 300 names of people that are not part of the association and all are very concerned about maintenance of the road. Mr. Smith reviewed the history of this area and noted that when this area was platted, there was wording on the plat that the County would have no responsibility for any maintenance on the roads; he stated that one option the County has is to walk away from this and not provide any more money for road maintenance. Mr. Smith suggested that in order for everyone in the area to have representation, a special improvement district could be formed to generate revenue to upgrade or maintain the roads to a better standard. Commissioner Clarke stated that the residents need to get together and work this out because Larimer County is not obligated to maintain these roads. Mr. James stated that the association is spending the County's contribution for road maintenance on other things and he wants the County to verify what they are doing with the money. Mr. Smith stated that the County is working on a new agreement with the road association; Mr. Wubben requested a copy of this agreement. Mr. Smith stated that he cannot supply a copy of the agreement until it is finalized, but he is welcome to come to the office and read it in draft form.

Mr. Lempka discussed a property dispute on a strip of property along County roads 10, 21 & 23; he noted they have been paying taxes on this property since the 1970's but since the taxes have become so high, they decided to build a home on the site. Mr. Lempka continued that he came to John Pedas to get a building permit and was told that he owns the land on the north side of the road, but not on the south side; he noted that they have all the documents saying they own this land. The problem is that the adjacent property owners claim it is their land; Mr. Pedas stated that they have a claim by adverse possession because they have farmed it for the last 60 years. Mrs. Lempka countered that this ground has not been touched for 25 years. Mr. Pedas stated that because of the dispute in the ownership, it would not be in the best interest of the two property owners to issue a building permit until the dispute is resolved. After further discussion, Commissioner Clarke suggested that the County Attorney review Mr. Lempka's property documents and try to resolve this matter.

-- Mr. Triplett came today in response to a complaint from a neighbor about mosquitoes, but since the neighbor didn't show, he explained that when it rains or he overwaters, there is a two-inch water buildup and the neighbor says the ponding breeds mosquitoes; however, Mr. Triplett stated that in back of this neighbor, there are two holding ponds and that is where the mosquitoes are bred. Mr. Engemoen stated that they have inspected the site and they observed that there is nothing to suggest that there is a long standing water problem here. Commissioner Clarke asked Mr. Engemoen to write a letter to the neighbor who is complaining and let her know that the Board discussed this matter today.

2. APPROVAL OF MINUTES FOR THE WEEK OF MAY 5, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of May 5, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF MAY 19, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of May 19, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for May 13, 1997:

-- A97-81 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND REILLY JOHNSON ARCHITECTURE

(Architectural Services for Expansion of Detention Center)

-- Appointments to the Rural Land Use Center Advisory Board: The following persons were appointed to the Rural Land Use Center Advisory Board: Wendell Amos, Robert Woodmansee, and Betty Anderson, each for a three-year term; Thomas E. Van Velson, Gene Schoonveld, and Brigitte Dempsey, each for a two-year term; and Kathay Rennels, Ed Zdenek, and Pete Salg, each for a one-year term.

-- MISCELLANEOUS DOCUMENTS: Sennett Minor Land Development Plat; Broadview Subdivision Amended Plat of Lot 3; Cimarron Lake Plat; and Road Maintenance Forms for the United States Forest Service (Schedule A and Exhibit 1). LIQUOR LICENSES: Licenses were issued to: White Buffalo - 6% WITH EXTENDED HOURS - Loveland, CO.; and Dorothy's Catering - 6% WITH EXTENDED HOURS - Loveland, CO. County approval was granted to: Riverbend Resort - 3.2% - Loveland, CO.; Loveland Country Store - 3.2% - Loveland, CO.; and a Waive of Hearing for the Change of Ownership for a 6% Tavern License for 11570 Corp. dba A Hunt Club at 400 Link Lane, Fort Collins, CO.

A97-82 LEASE AGREEMENT BY AND BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND ALISAIR MACDONALD

(Renewal for Loveland Office Space for Mental Health Center)

A97-83 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LINDA HOPKINS (Consultant Services

for Presentation of the Justice Center Proposal to the County Residents

for the November Election)

A97-84 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS,

TRANSFORT (Title III of Older Americans Act - Transportation)

A97-85 SUBDIVISION IMPROVEMENT AGREEMENT FOR BROADVIEW

SUBDIVISION AMENDED PLAT OF LOT 3

C97-19 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JIM'S CONSTRUCTION MATERIALS

(Renewal Contract for Road Work - Carriage Hills GID #4)

R97-48s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

WARREN MILLER MINOR RESIDENTIAL DEVELOPMENT

Motion carried 3 - 0.

5. REQUEST FOR FUNDING FOR FILM COMMISSION: Mr. Wymisner requested Board approval of a proposal from the Fort Collins Convention and Visitors Bureau (CVB) requesting $15,000 in County support to expand the CVB's role as the Fort Collins Film Commission. Mr. Stoner stated that if the proposal is approved, the Economic Development Advisory Board will be the entity responsible for monitoring whether the Fort Collins/Larimer County Film Commission meets their goals; he noted that all the communities in the County have agreed to support this from the municipal level. Chair Disney noted that the City of Fort Collins supports the CVB's efforts as a film commission at $5,000 per year, and it will become a Larimer County entity, and he questioned the fairness when the other communities are not contributing; Mr. Stoner responded that he thinks the other communities will see a direct spin off from this and it will prime the pump for their contributions.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the funding of $15,000 for support of a Larimer County Film Commission, funds to be derived from the Commissioner's Special Projects Fund.

Motion carried 3 - 0.

6. REQUEST FOR APROVAL OF LITTLE THOMPSON PROJECT:

K-Lynn Cameron reminded the Board that in December of 1966 they approved an expenditure of funds for the Little Thompson Project contingent upon approval of a GO Colorado grant; she noted that they were notified in March that they did not receive the grant. Ms. Cameron stated that the Open Lands Advisory Board is recommending that the project move forward at a reduced level and they are requesting the Commissioners to revise their previous approval and approve an allocation of $30,000 from the Open Lands Funds for the Little Thompson Project; she noted that the Town of Berthoud is going to contribute $5,000 for this project. Ms. Cameron stated that the purpose of the project is to identify willing landowners that are interested in working with Larimer County to establish a regional park preserve in southern Larimer County and protect open lands.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve an allocation of $30,000 from the Open Lands Funds for the Little Thompson Project, to be matched by a contribution of $5,000 from the Town of Berthoud.

Motion carried 3 - 0.

Ms. Cameron invited the Board to a celebration of the Ute/Snowy Ridge property on May 19, 1997 from 11:30 a.m. to 1:30; she noted that at 12:30 p.m., comments will be made and she asked the Commissioners to each say a few words regarding how they feel about this project. The Commissioners all indicated to Ms. Cameron that they plan to attend the celebration; she noted that representatives from the Cities of Fort Collins and Loveland will also be making comments.

7. WORKSESSION:

-- Meeting with City Council on May 22, 1997: Mr. Lancaster stated that the joint meeting with the Fort Collins City Council is scheduled for May 22, 1997 and he asked if the Board had additional agenda items they wish to discuss; he noted that the items on the list now are discussion of juvenile holding issues, the airport, update on facilities and Block 31, update on the Partnership Land Use System (PLUS), and land-use patterns around Fort Collins and Loveland. Because of scheduling conflicts, the Board requested that this joint meeting be rescheduled; Mr. Timm stated that a meeting is scheduled with the City of Fort Collins to present PLUS and he suggested that possibly the time of that meeting could be expanded for the Board to meet with them at that time. The Board concurred with the suggestion; Ms. Hart will check and see if is a possibility.

-- Items for Cabinet Meeting on May 22, 1997: Mr. Lancaster noted that a Cabinet Meeting is also scheduled for May 22, 1997 and he asked if the Board had items they wish to discuss at that meeting; the two items suggested were an update on facilities and program budgeting.

-- Big Box Regulations: Mr. Lancaster noted that the City of Fort Collins asked if the Board is interested at looking at the Big Box regulations for the County; he noted there aren't too many sites where a business could locate within the UGA under existing zoning which could move out of the City and put in a Big Box like a Wal-Mart. Commissioner Clarke said that the Fort Collins Big Box regulations are heavy handed and he thinks that the person investing in the Big Box store should have some input as to how it is built; however, on the other hand, he doesn't feel this type of business belongs out in rural Larimer County because we can't provide services to a big box store. Commissioner Clarke stated he would encourage the City of Fort Collins to adjust their big box regulations so they can work with the developer. Chair Disney stated he would like to hear Fort Collins' side of the story and possibly they could discuss it at their next meeting.

-- Request to Sign Letter of Protest Weatherization Services Bid: Mr. Lancaster stated that the Human Development Department is requesting Board approval and the Chair's signature on a letter to be sent to Nanci Kadlecek, Director Division of Purchasing, officially protesting the bid awarded for the Comprehensive Weatherization Services/Energy Saving Partners Program for Region VI. The letter requests that the Division of Purchasing review the facts and information described in the letter and consider scheduling a meeting to reconsider the bid. CONSENSUS OF THE BOARD was to approve sending the letter and for the Chair to sign same; Chair Disney recommended that a copy of the letter also be sent to Governor Romer.

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

8. PROCLAMATION: Chair Disney read aloud a Proclamation proclaiming Phil Walker as Larimer County Honorary Historian and Storyteller for his outstanding service of providing a look at Larimer County history through his radio series, tapes, books magazine articles and his video of "Vision Along the Poudre Valley" for which he received the 1997 "Silver Telly" Award, which is the video equivalent to winning the Oscar. Mr. Walker thanked the Board and seemed overwhelmed by the honor.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim Phil Walker as Larimer County Honorary Historian and Storyteller, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

9. COMMISSIONER REPORTS:

-- Commissioner Clarke reported that the Social Services and Human Development merger is going smoothly.

The meeting recessed at 10:30 a.m.

ABATEMENT HEARING

(#182 @ 200)

The Board of County Commissioners reconvened at 1:30 p.m. to hear requests for several Petitions for Abatement. Chair Pro Tem Olson presided; Commissioner Clarke was present. Also present were: Commercial Senior Appraisers Shelly Kechter and Dave Muse. Recording Clerk, Gael Cookman.

ABATEMENT HEARING FOR RALPH SODERBERG, PARCEL NUMBER 87083-06-004: Danna Schadd, representative for the petitioner, requested to discuss both the 1994 and 1995/96 appeals at the same time, since her arguments for those periods are based on the same logic. Mr. Muse agreed that this would be appropriate. Ms. Schadd stated that the location of their property is a hindrance for many reasons: 1) There is no view of their establishment from the roadside; this greatly hinders attracting customers. Ms. Schadd noted that all other comparables used have a roadside view. 2) The property is in a residential district with difficult access at a dangerous intersection; this also hinders the customer base. Ms. Schadd stated that the comparables used are in commercially developed areas. 3) The grounds are rough and full of pot holes. Ms. Schadd stated that the comparables used all have nice, paved access to the facilities. Ms. Schadd concluded that for the reasons listed above their property could not be sold at Market value; therefore, the assessed value should be less than it is. Mr. Muse agreed that this was a difficult property to assess, and that the comparables used were the best that he could find. Mr. Muse explained that he made adjustments for land value, location, and site coverage. Much discussion followed. Commissioner Clarke asked if the petitioner was given enough credit for the poor location.

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 Ralph Soderberg, Parcel Number 87083-06-004, for 1994, and support the Assessor's valuation on this property for $137,400.

Motion carried 2-0.

MOTION:

Commissioner Clarke moved that the Board of County Commissioners adjust the valuation for Ralph Soderberg, Parcel number 87083-06-004, for the 1995/96 tax year to $148,900.

Motion carried 2-0.

ABATEMENT HEARING FOR EUGENE HOMOLKA, PARCEL NUMBER 87182-12-001: Mr. Homolka stated that he could not understand how his property taxes increased $1000.00 in one year. Mr. Muse described the property and the comparables used to obtain the assessed value. Mr. Homolka agreed that the final assessed value is probably what he could sell the property for and agreed that it was probably an accurate figure.

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 Eugene Homolka, Parcel Number 87182-12-001, for 1995/96, and support the Assessor's valuation on this property for $185,900.00.

Motion carried 2-0.

ABATEMENT HEARING FOR THOMAS COLLINS, PARCEL NUMBER 87182-23-001 (Tape 182 & 185): Mr. Collins requested to discuss both the 1994 and 1995/96 appeals at the same time, since his arguments for those periods are based on the same logic. Mr. Collins stated that he feels his property is overvalued due to the fact that it has a groundwater contamination problem and this would probably scare potential buyers away from purchasing his property. Mr. Collins also noted that he does not think the comparables used were very good because they are much more expensive than his property. Mr. Collins then presented the Board with some charts comparing improvements and sales of medical condominiums and a summary report of the groundwater contamination on his property. Ms. Kechter explained the property and the comparables used to obtain the assessed value for both the 1994 and 1995/96 tax years. Ms. Kechter noted that she did not have any documentation regarding the groundwater contamination but that since Schrader Oil was responsible for the clean-up, Mr. Collins would not receive deductions for this anyway.

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 Thomas Collins, Parcel Number 87182-23-001, for 1994, and support the Assessor's valuation on this property for $143,900.00.

Motion carried 2-0.

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 Thomas Collins, Parcel Number 87182-23-001, for 1995/96, and support the Assessor's valuation on this property for $173,200.00.

Motion carried 2-0.

The meeting adjourned at 4:00 p.m.

WEDNESDAY, MAY 14, 1997

ABATEMENT HEARING

(#185 @ 300)

The Board of County Commissioners met at 9:30 a.m. to hear requests for several Petitions for Abatement. Chair Disney presided; Commissioner Clarke was present. Also present were: Commercial Senior Appraisers Shelly Kechter and Dave Muse. Recording Clerk, Gael Cookman.

ABATEMENT HEARING FOR ROBERT AGNEW, PARCEL NUMBER 87182-28-002: Mr. Agnew stated he feels the assessed value on his property is excessive in comparison to other car washes in the area due to the difficulty in accessing his facility. Mr. Agnew explained that he shares a driveway with the Firestone dealer and this is a problem because it is very confusing to know which place to turn on an already busy street. Mr. Agnew also stated that his property lacks roadside visibility. Mr. Muse reviewed the property noting that Mr. Agnew purchased this property for $275,000.00; included in this price was quite a bit of personal property. Mr. Muse stated that he lacked information regarding the income approach; therefore, it was not used. Mr. Agnew offered some figures on income noting he generated $50,000.00 in sales, but he also incurred $26,911.00 in operating loss. Both Chair Disney and Commissioner Clarke agreed that the property is in a poor location with bad visibility and difficult access.

MOTION:

Commissioner Clarke moved that the Board of County Commissioners adjust the valuation for Robert Agnew, Parcel number 87182-28-002, for the 1995/96 tax year to $180,000.00.

Motion carried 2-0.

ABATEMENT HEARING FOR RIVERSIDE PARTNERSHIP, PARCEL NUMBER 87183-27-001: Gordon Murdoff, representative for Riverside Partnership, stated that he feels his property taxes have increased too much. Mr. Murdoff noted that due to the saturation of the market, he is locked into leasing this property at a fixed rate until the year 2000; therefore, his property taxes increase but he has no way of compensating for this as he cannot raise rent. Mr. Muse described the property and noted that this hearing was for the 1996 tax year only, as the 1995 taxes had been appealed in a previous year. Chair Disney informed Mr. Murdoff that the Commissioners have no control over the rental market and that their job was to determine if the assessors have evaluated the property fairly.

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 Riverside Partnership, Parcel Number 87183-27-001, for 1996, and support the Assessor's valuation on this property for $193,600.00.

Motion carried 2-0.

ABATEMENT HEARING FOR DWIGHT MILLER, PARCEL NUMBER 97123-00-035: Mr. Miller stated that his property taxes doubled in the last year and he thinks that the comparables used were much more elaborate than his buildings. Mr. Miller also explained that his property is in the flood plain, right next to the river, and he has to continually fill-in areas due to settling of the land. Ms. Kechter described the property and the three approaches to value used by the Assessor's Office. Ms. Kechter stated that she did not know the petitioner had to refill areas due to settling. Commissioner Clarke stated his concerns with the property being adjacent to the river and the settling that occurs on this property, noting that this could cause a problem if the petitioner ever wanted to sell the property.

MOTION:

Commissioner Clarke moved that the Board of County Commissioners adjust the valuation for Dwight Miller, Parcel number 97123-00-035, for the 1995/96 tax year to $200,000.00.

Motion carried 2-0.

ABATEMENT HEARING FOR DENNIS GRIFFITH, PARCEL NUMBER 97123-31-007: Mr. Griffith stated that his property taxes went up sixty percent in one year and his only improvement to the property was the addition of a small storage shed. Ms. Kechter noted that this hearing is only for the 1996 tax year as the 1995 taxes had been protested in a previous year. Ms. Kechter described the property noting that it was difficult to find comparables due to the fact that a portion of this property is commercial and the rest residential; she also explained that the storage shed was not included in this assessment as she did not know of its existence until this year. Ms. Kechter explained that the income approach was not used in this case as State law forbids using income approach on a residential property. Mr. Griffith also stated that his location is inferior to some of the comparables used. Much discussion followed, during which Jonathan Eisen, owner of one of the comparables used, came forth to declare that even the comparables used were valued too high when you separate the real property from the personal property.

MOTION:

Commissioner Clarke moved that the Board of County Commissioners adjust the valuation for Dennis Griffith, Parcel number 97123-31-007, for the 1996 tax year to $190,000.

Motion carried 2-0.

ABATEMENT HEARING FOR STEPHEN ACKERMAN, PARCEL NUMBER 97123-06-022: Mr. Muse informed the Board that Mr. Ackerman had agreed to an adjustment on his property; therefore, he would not be present for his scheduled hearing at 1:30 p.m.

MOTION:

Commissioner Clarke moved that the Board of County Commissioners adjust the valuation for Stephen Ackerman, Parcel number 97123-06-022, for the 1994 tax year to $145,000.00, and for the 1995/96 tax years to $155,000.00.

Motion carried 2-0.

Meeting recessed at 11:35 a.m.

ABATEMENT HEARING FOR DENNIS P. GRIFFITH

(#186 @ 1500)

The Board of County Commissioners reconvened at 2:30 p.m. to consider a Petition for Abatement for Dennis P. Griffith. Chair Disney presided and Commissioner Olson was present. Also present were: Shelley Kechter and David Muse, Commercial Senior Appraisers. Recording Clerk, S. Graves.

This Petition for Abatement is for Dennis & Janice Griffith for Parcel No. 97132-21-009 for the 1994 and 1996 tax years. Mr. Griffith stated that he has no problem with the value placed for 1994, based on what he paid for the property, but he cannot accept the 44% increase for 1996; he noted that not one thing has been improved inside the building during this time, with the exception of a wall being built.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners accept the Larimer County Assessor's recommendation to deny the Petition for Abatement for Parcel No. 97132-21-009 and declare that the value of $166,700 most accurately reflects the value of the subject property for the 1994 tax year.

Motion carried 2 - 0.

It was noted that the 1995 protest was withdrawn; Mr. Griffith stated that he doesn't recall going through the formal process for '95, as he only came in to ask a few questions about it, but the Assessor's records indicate that a formal protest was filed and therefore a Petition for Abatement cannot be filed for that year.

With regard to the value for 1996, Mr. Griffith requested that the Assessor explain to him the reason for the 44% increase. Ms. Kechter reviewed the salient facts and conclusions in the Assessor's packet of information; she noted that all three approaches (cost, market, and income) to value were considered and a reconciled value of $239,600 was determined to most accurately reflect the value of the subject property for the 1996 tax year. Mr. Griffith explained that the purchase price of $285,000 included the value of the customers, two large vans, a wonderful playground, a house fully stocked with equipment, games, toys, etc. which all have real value; therefore, he estimates that the 1994 value of $166,700 is appropriate for 1996. Mr. Griffith requested the opportunity to compare all the properties listed and talk about their percentage increases; Ms. Kechter stated that the Assessor's Office does not measure percentage increases, their job is to get everything up to market value representative of the time period required. Ms. Kechter reviewed the assessed value for the comparables and stated that the Assessor's Office cannot equalize percentages; much discussion of the comparables followed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adjust the reconciled value for Parcel No. 97132-21-009 to $235,000 for the 1996 tax year.

Motion carried 2 - 0.

The hearing adjourned at 3:40 p.m.

After the hearing, Mr. Griffith made comments to the Board about the whole process of assessing and protesting value; he stated he would like for the timetable to be more convenient and flexible for the taxpayers to allow time for them to prepare for their hearings; the Board stated that the timetable is set by the State Legislature.

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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 M. Cookman, Deputy County Clerk