Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 2, 1997

LAND-USE PLANNING MEETING

(#196)

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: Al Kadera, Subdivision Administrator; Richael Michels and Keith Schuett, Planners II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that he has been informed that the applicant and staff are in agreement on Item #6, the LaPorte Plaza Planned Unit Development Final Plat, and have jointly requested removal of this item from today's agenda.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. PINEWOOD SPRINGS 12TH FILING, LOTS 10, 11 & 12, AMENDED

PLAT (#97-SA1052): 29-04-71; 4.1 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to divide an existing lot and add half of it to each adjacent lot. Staff findings include: 1) Pinewood Springs is a mountain subdivision with relatively small lots. Dividing Lot 11 between Lots 10 and 12 will provide a little more open space for the lots and bring the lots closer to the required minimum lot size; 2) 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 10, 11 and 12, Pinewood Springs 12th Filing.

2. SAN LUIS CIRCLE STREET NAME CHANGE (#97-OS1054): 22-06-68 -

COUNTRY MEADOWS, SOUTH OF HIGHWAY 392, EAST OF I-25

This is a request to change an existing street name to avoid a duplication. Staff findings are: 1) A street in Country Meadows Phase III was named San Luis Circle about the same time a project in the City of Fort Collins was approved with the same street name; 2) Street name duplications should be avoided to facilitate the provision of emergency services; 3) The developer of Country Meadows agreed to change the street name; none of the lots on the street have been sold. The staff recommendation is for approval of the street name change from San Luis Circle to Crater Mountain Circle in Country Meadows Phase III.

3. SIERRA PLAZA CONDOMINIUM SUPPLEMENT I (#97-SU1053):

24-05-69; NORTH OF SOUTHEAST 8TH, EAST OF LINCOLN AVENUE;

2.82 ACRES; I-INDUSTRIAL ZONING

This is a request to create four commercial condominium units in an existing building. Staff findings include: 1) This request is to create four commercial condominium units in an existing commercial building; 2) The only change resulting from this approval will be the ownership of the property; 3) Access, drainage, landscaping, utilities and fire protection were addressed when the building permit was issued for the original building and again for the addition; 4) The condominium declaration provides for maintenance of the building and defines the rights and responsibilities of each unit owner. The staff recommendation is for approval of the Sierra Plaza Condominium Supplement One.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Pinewood Springs 12th Filing, Lots 10, 11 & 12, Amended Plat (#97-SA1052); San Luis Circle Street Name Change (#97-OS1054); and Sierra Plaza Condominium Supplement 1 (#97-SU1053), as described above.

Motion carried 3 - 0.

4. MCCONNELL MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#97-EX1050): 4424 EAST COUNTY ROAD 48 - PART OF THE SOUTH-

WEST 1/4 OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 68 WEST

OF THE 6TH P.M.; 13.17 ACRES; 3 LOTS; FA-1 ZONING

This is a request for an appeal of the minimum Minor Residential Development criteria for review and approval; the appeal is to allow the applicant to submit an application to further divide a lot that was split after May 5, 1972, and to divide property that is part of a prior approved exemption plan using the Minor Residential Development process. Mr. Schuett described the proposal and reviewed a number of maps showing the divisional progression of the property. Staff findings include: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the subdivision processes. The two parcels were created in 1980 as Tract "B" and Tract "C" of the McConnell Exemption and thus are not eligible for redivision using the Minor Residential Development application process; 2) Subdivision processes are available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to a hearing with the Board of County Commissioners; 3) Approval of this appeal would appear to set a precedent for other previously divided properties and allowing them to also request further divisions by the exemption process; 4) Continuing approval of piecemeal divisions results in uncoordinated development and provision of services; 5) Approval of this appeal could incorrectly indicate to the applicant that the Board of County Commissioners will approve the resulting Minor Residential Development application . The staff recommendation is for denial of the McConnell Minor Residential Development Appeal.

Applicant Clifford McConnell submitted several letters describing his terminal illness of multiple myeloma and his desire to get his affairs in order by further dividing his property and transferring it to his son. After much discussion, Mr. Schuett suggested that since there is an exemption on this property, an easier way to resolve this situation would be to do an amended exemption to adjust the boundary lines to convey the property to his son; he noted that this action can be done administratively. Mr. Kadera stated that the MRD application fee is $500 and surveying, drafting and plats could cost $2,000 or $3,000, in addition to road, park, and school fees, etc.; in contrast, the application fee for an amended exemption is $50, plus the expense of some surveying. Mr. McConnell responded that the surveying has been done. Roger McConnell stated that they really would like to have three building sites because he has a 20-year old son who may want to build on the third lot some day. Commissioner Clarke stated that the County is working on the Partnership Land Use System (PLUS), the purpose of which is to make regulations more friendly in the future, but this is not a guarantee, and they might want to do the amended exemption now and apply for further division of the property when needed. Much discussion followed. Commissioner Olson suggested that this matter be tabled to allow time for Clifford and Roger McConnell to discuss these options at length before deciding which direction they wish to take in this matter.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the McConnell Minor Residential Development Appeal (#97-EX1050) until June 23, 1997 to allow time for the applicant to decide which course of action they wish to take.

Motion carried 3 - 0.

5. DRAGER PARK SUBDIVISION RIGHT-OF-WAY VACATION (#93-SA0366):

29-08-69 - EAST OF OVERLAND TRAIL, 1/4 MILE NORTH OF THE

INTERSECTION OF OVERLAND TRAIL AND COUNTY ROAD 54G;

3.07 ACRES; O-OPEN ZONING

This is a request to vacate all of Sunrise Drive, as shown on the Amended Plat of Drager Park Subdivision. Mr. Kadera submitted letters from the two attorneys, Alden T. Hill and Daniel W. Dean, representing the adjacent property owners concerning this matter. Mr. Kadera stated that this item was reviewed by the Board on May 19, 1997 and at that time was tabled until this date to allow time to determine if access can be provided to both lots while still vacating the existing right of way. Mr. Kadera stated that he and Mr. Burns visited the site and offered two options for providing perpetual access to Lot A. Mr. Kadera reviewed those two options and noted that the Engineering and Planning Departments are recommending Option #1. Mr. Kadera referred to the ongoing offer from Mr. Dean's clients of an easement for access on Lot B to benefit Lot A, if Ms. Martin or Mr. Hill will arrange for the legal description to be prepared.

Staff findings are: 1) Drager Park Subdivision was platted in 1961. The streets were dedicated for public use, with the exception of Sunrise Drive which was not dedicated all the way to the east line of the subdivision; the east 120 feet of Sunrise Drive was reserved for a future street; 2) A request to vacate the east 250 feet of Sunrise Drive was submitted in 1994 and staff recommended against the vacation because we thought the vacation would leave property east of Drager Park without publicly dedicated access; that access did not exist at that time; 3) Vacating part of Sunrise Drive and reserving it for a future street will not change the current situation. If the property east of Drager Park develops, the developer will need to negotiate with the property owners adjacent to the reserved right-of-way to acquire a dedicated street. Another access to this area is available from the south by extending County Road 21 north from Kintzley PUD. The staff recommendation is for approval of the vacation of Sunrise Drive in the Amended Plat of Part of Blocks 2 and 5 and All of Block 6, Drager Park Subdivision, with the condition that a 54-foot right-of-way be reserved for a future street, as shown on the Amended Plat.

Daniel Dean stated that his clients are still willing to grant an easement over the roadway as currently established for the benefit of Ms. Martin's parcel and he requested that the Board take action so the resolution will be consistent with the recorded plat. Questions and discussion among the Board followed; Mr. Kadera reminded the Board that the original recommendation of staff was for the vacation of the right-of-way, which will make the resolution consistent with the recorded plat.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Drager Park Subdivision Right-of-Way Vacation (#93-SA0366), with the condition that a 54-foot right-of-way be reserved for a future street, as shown on the Amended Plat.

Motion carried 3 - 0.

The meeting adjourned at 4:05 p.m.

TUESDAY, JUNE 3, 1997

ADMINISTRATIVE MATTERS

(# 197 & 198)

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: Tim Walsh, Chief Probation Officer; Dick Anderson, Facilities Manager; Ginny Riley, Executive Director Human Development, Carol Gillespie, Community Development Manager, Dan Tasman, Planner; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Dennis Messner addressed the Board during the open session for public comment: Mr. Messner stated that he is an engineer representing Dennis Morris who owns property on County Road 9E, approximately 1000 feet north of the Big Thompson River. Mr. Messner explained that this property is an industrial zone site which was used for the Flat Iron Company's paving plant about 10 years ago and that Mr. Morris wants to relocate his ready-mix business to this site; however, according to available maps, this site is considered to be in the floodway. Mr. Messner further stated that another engineering firm has investigated this area and determined that due to changes in roadway elevation and bridge re-configuration, this property is no longer in the floodway, but is now in the flood fringe. Mr. Messnser stated that they are requesting assistance from the county to fund either all or a portion of the $3700 submittal fee to obtain a map revision through FEMA. Commissioner Olson felt that this would not be an appropriate use of county funds since this issue impacts only a small percentage of county residents. Chair Disney explained that the County has already submitted a request to FEMA to re-map the Big Thompson flood plain, although this may take some time to accomplish. Chair Disney also suggested the possibility of creating a local improvement district with the surrounding neighborhood to help raise the money to pay for the submittal fee.

2. APPROVAL OF MINUTES FOR THE WEEK OF MAY 26, 1997:

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of May 26, 1997.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JUNE 9, 1997:

MOTION

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of June 9, 1997.

Motion carried 3-0.

4. CONSENT AGENDA:

MOTION

Commissioner Olson moved for approval of the following documents as listed on the consent agenda on document review for June 3, 1997:

MISCELLANEOUS: Pinewood Springs 12th Filing Amended Plat Lots 10, 11 and 12; Wich Minor Residential Development Plat; Joyner Amended Minor Land Development Plat - S 11787; April 1997 Social Services Warrant Register.

LIQUOR LICENSES: County approval was granted to: Glen Haven Area Volunteer Fire Department, Inc. - 6% SPECIAL EVENT PERMITS - Glen Haven, CO. Licenses were issued to: Al's, - 6% WITH EXTENDED HOURS - Ft Collins, CO.; J.J.'s Lounge - 6% - Ft Collins, CO.; CSU Concessions-Hughes Stadium - 3.2% - Ft Collins, CO.; Olympus Motor Lodge - 6% - Ft Collins, CO.; Sandy's Convenience Store, - 3.2% - Loveland, CO.; and A Hunt Club - 6% WITH EXTENDED HOURS - Ft Collins, CO.

A. EAGLE RANCH PUD - FINAL PLAT

B. EAGLE LAKE 7TH FILING FINAL PLAT

C. EAGLE LAKE 6TH FILING FINAL PLAT

A97-94 SIA/DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THREE EAGLES DEVELOPMENT, LLC. RELATING TO DEVELOPER'S OBLIGATIONS IN EAGLE RANCH ESTATES PLANNED UNIT DEVELOPMENT.

A97-95 SIA BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN LAND AND INVESTMENT CORPORATION RELATING TO THE SUBDIVISION AND DEVELOPMENT OF EAGLE LAKE SEVENTH FILING.

A97-96 AGREEMENT FOR LEGAL SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GRIMSHAW & HARRING. (Legal services for Bond Attorney for local improvement districts.)

A97-97 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FRONT RANGE COMMUNITY COLLEGE. (Education Program with Front Range Community College.)

R97-57s RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS REGARDING THE RELEASE OF COLLATERAL ON EAGLE LAKE SIXTH FILING.

D97-18 DEED OF DEDICATION BY ELIZABETH T. LUDLOW AND COMPANY. (Dedication of a portion of property to be used as public highway.)

C97-25 PARTNERING CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR COOPERATIVE DEVELOPMENT OF A GIS GROUND CONTROL SURVEY NETWORK.

C97-26 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO OFFICE OF ENERGY CONSERVATION (Provision of Funding for a crew of 6-8 at-risk youth.)

Motion carried 3-0.

5. APPOINTMENTS TO PLANNING COMMISSION: At this time Chair Disney relinquished control of the Board to Chair Pro-Tem Olson so that he could form a motion.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-appoint Linda Stanley to the Larimer County Planning Commission.

Motion failed: 2-1, Commissioner's Clarke and Olson dissenting.

At this time Chair Disney resumed control of the Board and entertained a second motion.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners re-appoint Wendell Amos and appoint Kathay Rennels and Mark Korb to the Planning Commission for three year terms, and appoint Leonard Roark and Ray Dixon to the remaining two year terms.

Motion carried: 3-0.

6. APPOINTMENTS TO MENTAL HEALTH BOARD:

MOTION

Commissioner Olson moved that the Board of County Commissioners appoint Gayle Huntsman and Ronald Schmidt to the Mental Health Board.

Motion carried 3-0.

7. COMMISSIONER REPORTS:

-- Commissioner Olson thanked Deni LaRue and the Rural Land Use Center Board for submitting the Smart Growth Development Award Application for the Rural Land Use Center to Governor Romer. Commissioner Olson also reported that Jim Duncan and Bob Felsburg will be doing the impact study meetings on June 18 & 19; she stated that the Planning Department will be working with Wellington and Berthoud on their Intergovernmental Agreements (IGA's) with the County. Commissioner Olson explained that Berthoud's IGA expired June 1st,, and she would like to have this on the agenda to discuss next week in order to provide an interim extension for the Town of Berthoud.

-- Commissioner Clarke reported that he will be attending CCI next week and that one of the agenda items will be the re-organization of CCI; he stated there will also be changes in the way the Vice Presidency system works, and changes regarding the legislative policy group in that the steering committees will be responsible for the legislative work. Commissioner Clarke noted that he is planning to support these changes on behalf of the Commissioners; he also stated that he has serious concerns that the information from CCI is often outdated and that the use of other organizations should be explored. Mr. Lancaster indicated that he is proceeding to have Larimer County become an associate member of CMO.

-- Chair Disney stated that he attended the first meeting of the Resource Allocation Committee for the North Front Range, with the goal of using this as a model to redefine program budgeting.

-- Commissioner Olson asked if the rest of the Board had received a letter from Dr. Collopy regarding the traffic on Country Club Road. Some discussion followed and Commissioner Olson stated that there is still some homework to do on this issue.

Commissioner Olson left the meeting at 9:50 due to a conflict of interest with the next agenda item.

8. PROBATION SPACE NEEDS: Mr. Walsh addressed the Board stating that their office has received two new positions that he had not anticipated; one being a Domestic Violence Probation Officer funded through a three year grant, the other being a Collections Investigator. Mr. Walsh noted that they were able to build offices to accommodate these two new positions; however, he has received notification that Larimer County will soon be receiving three more probation officers and a Victim Advocate position. Mr. Walsh stated that one of these positions can be situated in the Loveland office, but he will still need office space for the other three, plus some storage area as well. Mr. Anderson explained the two options they have explored: one being to purchase some property that will be placed on the market within the next three weeks; the second option is to rent an additional 565 square feet for $330.00 per month, in the basement of the Rocky Mountain Bank Building (their current location). Mr. Anderson explained there is an additional 200 square foot storage area that is available for rent in this building as well. Commissioner Clarke stated that considering how much it would cost to purchase property, renting the basement space $330 per month would probably be the best thing to do; Chair Disney concurred. Mr. Lancaster asked why the grants for these positions are not covering these expenses as grants usually come with the overhead dollars necessary to do so. Mr. Walsh stated he would check on this.

Mr. Walsh discussed a second issue concerning the Alcohol Drunk Driving Program, which occupies 400 -500 square feet on the fourth floor. Mr. Walsh explained that the State recently changed the positions for this program from contract to regular classified positions. The State has funded these positions for Larimer County through June 30 1998, but the County will need to begin budgeting for these positions after that date.

Finally, Mr. Walsh wanted the Board to be aware of a third issue he is facing concerning the Americans with Disabilities Act; he stated that they have a person working in their office who is confined to a wheel chair, and although they have made some office revisions to accommodate for special needs, they would eventually like to have a automatic door put in for this office.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the Probation Office staff to enter into negotiations to rent the additional space available in the Rocky Mountain Bank Building and agreements will be brought back to administrative matters for final approval.

Motion carried: 2-0.

9. WORKSESSION:

Mr. Lancaster stated he has made arrangements for Christopher Gates, President of the National Civic League, to come and speak to the department heads and other interested parties, and he would like to request a gratuity for Mr. Gates in the sum of $900.00 from the special projects fund.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve $900.00 from the Special Projects Fund to arrange for Christopher Gates presentation.

Motion carried 2-0.

Mr. Lancaster presented the updated Justice Center plans, and explained how the tax would be distributed: 20th of a cent for Loveland for ten years, a fifth of a cent for the Courthouse for 15 years, and a quarter of a cent for the jail for seven years for bricks and mortar, then reduced down for another ten years to pay for the remaining cost. The total tax will be .50 and will run fifteen years unless paid for sooner. Chair Disney was concerned about the 900 car parking garage being so massive that the citizens will want to know what this looks like in advance; he was also concerned with the architectural changes being made to the design, specifically softening the peak on the clock tower. Mr. Lancaster stated that if changes need to be made, they need to be made quickly. Chair Disney again stressed the importance of the public's concern regarding the design of the building and feels that the same building should not be presented again without any changes made. Some discussion followed.

10. INVITATIONS:

Ms. Hart distributed invitations to the Board with a specific request by K-Lynn Cameron for one of the Commissioners to attend and say a few words at the Nature Conservancy Celebration, June 21, 1997, honoring the donation of 4000 acres. Commissioner Disney stated that he would attend this function on behalf of the Board.

11. LEGAL MATTERS:

At this time, County Attorney Jeannine Haag joined the meeting for Legal Matters.

Ms. Riley stated that they have reached an impasse concerning a $215,000 grant for downpayment assistance for Larimer County citizens; she explained that this is a CDBG (Community Development Block Grant) and it must pass through the local government entity, then onto the administrator, in this case the Loveland Housing Authority. Ms. Riley stated that Ms. Haag has some concerns regarding the county liability involved with the way the contract is written. Ms. Haag stated she disagrees with a provision that deems if the contract is breached, the County can be held liable to the State for damages; she noted that since the County is not providing the service the County General Fund should not be held liable if the Loveland Housing Authority breaches the contract. Ms. Haag requested that the State delete this out of the contract but the State refuses to do so with no reasons given. Commissioner Clarke recommended that when Loveland signs the contract, be sure a clause is included that indemnifies the County from this liability. Ms. Haag stated she would also like some guidance on how to handle this type of problem in the future as she believes this will be an on-going problem. Mr. Lancaster stated that the Board should consider drafting a letter to the Attorney General to transfer the liability to the Loveland Housing Authority. Chair Disney agreed that to expedite this particular issue Ms. Haag should create the addendum for Loveland to sign releasing the County from liability; he would also like to see Ms. Haag meet with other County Attorneys and draft a letter to the State on behalf of all the Counties that are having this problem.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the CDBG contract from the State of Colorado for housing assistance, subject of notice to the State that the County is going to seek indemnification from the Loveland Housing Authority who is actually providing the service.

Motion carried 2-0.

C97-27 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO TO ESTABLISH A COMMUNITY DEVELOPMENT BLOCK GRANT FOR HOUSING ASSISTANCE.

A97-98 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND HOUSING AUTHORITY REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT FOR HOUSING ASSISTANCE.

Ms. Haag explained that Dan Tasman is following up on efforts to get the communication providers to co-locate the telecommunications towers that are being built in the County. Ms. Haag stated that the County's position is based on the land use issue of these towers and suggested that the County hire consultants to evaluate whether co-locating is an option for certain towers and if not, why not. Mr. Tasman stated that he will be coordinating a meeting with some of the industry representatives to discuss this issue and he invited Commissioner Disney to attend. Chair Disney stated his idea was to get all the communications providers together to have an exchange of ideas of how to best place these towers and how to make them aesthetically and environmentally friendly. Some discussion followed.

Meeting adjourned at 11:05

THURSDAY, JUNE 5, 1997

ABATEMENT HEARING FOR

FIRSTBANK OF NORTHERN COLORADO

(198 @ 300)

The Board of County Commissioners met at 2:00 p.m. to consider several Petitions for Abatement for Firstbank of Northern Colorado. Chair Pro-Tem Olson presided and Commissioner Clarke was present; also present were Commercial Senior Appraisers John Cowling, Amy Wagner, Christine Murray and Patty Ring. Recording Clerk, Gael Cookman.

1. FIRSTBANK OF NORTHERN COLORADO - PARCEL #95013-40-001: Jeffrey Monroe, agent for the petitioner, stated how he arrived at the three approaches to value, (cost, market, and income approach), and explained that bank properties have a limited use market and do not sell as readily as other types of businesses; therefore, he gave more weight to the income approach, but adjusted it slightly based on what he felt the market value for this property is. Mr. Monroe stated that $393,066.00 is what he considers a fair value of this property for the tax year 1995 due to the excess land that is involved with this property. Mr. Cowling explained the subject property and how the Assessor's Office arrived at the three approaches to value; he also explained that this parcel had been protested in 1996 with an original appraisal of $729,400, and it has been adjusted down to $600,000, which is now the Assessor's recommended value on this property. Some discussion followed with Commissioner Clarke stating that the CAD drawings Mr. Monroe used gave different dimensions than the Assessor's Office did, and in order to be consistent and fair to all the taxpayers the Board needs to use the methods of the Assessor's Office.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and partially approve the Petition for Abatement for Firstbank of Northern Colorado, Parcel #95013-40-001, for 1995, and support the Assessor's valuation on this property of $600,000.00.

Motion carried 2-0.

2. FIRSTBANK OF NORTHERN COLORADO - PARCEL #95142-60-009: Mr. Monroe stated that the income approach was used and based upon what he felt the appropriate rental rates were for this property. Mr. Monroe explained some of the remodeling that took place and how it affects the value of this property; he requested a final value of $280,000. Mr. Cowling explained the three approaches to value used by the Assessor's Office: cost approach of $435,800, market approach of $390,600, income approach of $418, 300 and a final indicated value of $325,000. Mr. Cowling noted that this property has a lot less land than the previous one and they did adjust for this. Mr. Monroe requested a copy of the rental comparables used by the Assessor's Office and Mr. Cowling stated that he would furnish a copy of these comparables for Mr. Monroe after the hearing.

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 for Firstbank of Northern Colorado, Parcel #95142-60-009, for 1995, and support the Assessor's valuation on this property of $325,000.00.

Motion carried 2-0.

3. FIRSTBANK OF NORTHERN COLORADO - PARCEL #96011-22-001: Mr. Monroe explained the income approach he used was based on a $12 rate triple-net, 7 and 6 percent for management and reserve, 5 percent vacancy, and a 9.5 percent cap rate to arrive at a income value of $710,000; he is asking for a final assessed value of $685,000. Ms. Murray had questions regarding the square footage being used as the Assessor's office had different figures. Ms. Ring explained that when she worked the figures using the 10.5 percent cap rate she came up with a value of $760,000. Ms. Murray explained that the Assessor's office had requested more information from Mr. Monroe, but unfortunately were unable to obtain it until now. Ms Murray stated that the Assessor's Office would agree that $760,000 is a fair final indicated value for this property.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and adjust the final indicated value on parcel number 96011-22-001 from $1,081,800 to $760,000 for the 1995 tax year.

Motion carried 2-0.

4. FIRSTBANK OF NORTHERN COLORADO - PARCEL #97264-33-002: Mr. Monroe indicated that he would like to state his case for this parcel for both the 1994 and 1995 tax years at the same time; he stated that the 1994 value was $407,724.00 with a per square foot value of $187.20, (petitioner is requesting a $147.25 per foot value), and the 1995 value was placed at $542,800.00 with a per square foot value of $249.22. Mr. Monroe did not feel that there was enough of a difference of the rental rates of bank properties from the previous re-assessment years to validate this increase. Ms. Ring stated that this is a tough property to value and the Assessor's only used the cost approach since it is a modular and there is not much market to compare to; she further explained the total value for the cost approach for 1994 is $407,700.00. Mr. Monroe stated that the fairest way to look at the property would be from an equalized land value standpoint because he does not feel that the modular is salvageable. Ms. Murray stated that the land value was $330,000 in 1994, and $450,000 in 1995. Ms. Murray recommended adjustment to these figures based on the land value only.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept the recommendation of the Assessor's Office and adjust the final indicated value on parcel number 97264-33-002 for 1994 to $330,000, and for 1995 to $450,000.

Motion carried 2-0.

Meeting adjourned at 3:15 p.m.

________________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk

______________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.