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HomeMy WebLinkAboutMinutes 12/20/99 PUBLIC HEARING DECEMBER 20, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Chairman Phillips stated the Board convened for the purpose of adjourning into "Executive Session" . Commissioner Stone moved to adjourn into "Executive Session" for the purpose of discussing with the County Attorney pending litigation regarding the Roaring Fork Railroad Holding Authority vs. The Board of County Commissioners of Garfield County, Colorado, Case Number 99 CV 50 and Case Numbers 97CW203 - 205; Augmentation Plans of Vail Associates, et al. Commissioner Johnson seconded the motion. The vote was unanimous. Jim Fritze noted for the record the time was 8:43. The Board reconvened following "Executive Session". Commissioner Johnson moved to adjourn out of "Executive Session" and authorized the Chairman to sign the applicable documents regarding Case Number 99 CV 50, The Board of County Commissioners of Garfield County, Colorado. Commissioner Stone seconded the motion. The vote was declared unanimous. The Board gave direction to council regarding the Augmentation Plans of Vail Associates. The time was noted to be 8:55. Consent Agenda Chairman Phillips stated the next item before the Board is the consent agenda as follows: A) Approval of bill paying for weeks of December 20 & 27, 1999, subject to review by County Administrator B) Approval of payroll for December 30, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of December 6, 1999 D) Retainer Agreement between Eagle County Board of Social Services and the Board of County Commissioners of Eagle County, Social Services compensating the Board for work performed by the County Attorney in Dependency and Neglect cases E) Resolution 99-223 regarding options of reimbursing the purchase price for Berry Creek 5th, from tax exempt bonds F) Resolution and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. S801759 for Stag Gulch Partners in the amount of $283,500.00, to expire December 28, 1999, issued by Norwest Bank Denver, Filing 34, Water Tank G) Resolution 99-224 and Power of Attorney conferring authority on the Attorney's 1 12-20-1999 Office to draw on Letter of Credit No. 9780017 for Colorado Alpines, Inc., in the amount of$8,839.72 to expire December 29, 1999 issued by 1 st Bank of Avon, Edwards Nursery H) Contract to purchase Avon Commercial Center Unit 107 I) Phase l- E-911 Service Agreement J) Change Order No.2 to the 1999 Centerline Marking Contract K) Memorandum of Agreement between Eagle County and Dr. Kent Petrie L) Agreement with Asistencia Para Latinos for the provision of child welfare temporary assistance to needy families services M) Annual Program Plan for child support enforcement N) Resolution 99-225 authorizing the Chairman of the Eagle County Board of County Commissioners to enter into an Intergovernmental Agreement with the State Department of Transportation, Division of Transportation Development, for the provision of public transportation services in non-urbanized areas 0) Section 8 Rental Assistance Program Voucher Contract between Eagle County and State of Colorado P) Intergovernmental Agreement between County of Eagle and Town of Basalt for animal control services Q) Agreement for Professional Services for the preparation of the Cemetery Road Bridge Alignment Study R) Agreement for Professional Services to prepare the Edwards Intersection Design S) Sixth and Seventh Amendments to Agreement for Professional Services for GIS T) Resolution 99-226 of order of cancellation of certain uncollectible taxes U) Resolution to recognize and support the 2000 Census Commissioner Johnson asked about item E and what the full amount was. Bob Loeffler, Deputy County Attorney, responded $17.5 million. He stated it is sort of an arbitrary number, he understands there are roughly 100 units and that number was proposed to equate roughly. There was a need for some number that may need to be adjusted. Mr. Loeffler stated item F should be pulled as they have received the replacement letter of credit. He spoke to item H and stated that needs discussion as well. Commissioner Johnson stated he understood that item E was to reimburse the County on what they had already spent. He suggested that a 63l 0 corporation was to be put together to take care of that. Mr. Loeffler stated in order to get the reimbursement of the purchase price according to the bond issue, it needs to be wrapped into this now. He stated this sort of follows what has been done before. Commissioner Johnson stated this is different as it is the purchase of land, with which they don't really know what they are going to do. He asked what ifit exceeds the $17.5 million. He suggested the number may have been plucked out of the air. Mr. Loeffler stated that number can be changed according to Bond Council. Commissioner Johnson stated they are not sure what bird this may be flying on, but if Bond Council stated it can be changed then he is comfortable with that. On item H, Mr. Loeffler reminded the Board the lease agreement provides an option to purchase unit 107. The purchase contract is before them today. Mr. Borne, vice President of the Owners Association, is present and available for questions. Mr. Loeffler stated he would like the Chairman to be authorized to sign the purchase agreement on or after the 27th, signing next Monday, with the monies to be deposited thereafter. He stated they are trying to work within the 30 days and would like the Chairman authorized to sign other applicable documents. Commissioner Stone asked if they need to add to the wording for the appropriate authorizations. Commissioner Johnson suggested they make a motion to amend the item. Mr. Loeffler stated that would be an amendment to authorize the Chairman to sign the contract 2 12-20-1999 and associated documents on or after the 27th of December. Commissioner Stone moved on item H, the purchase of Avon Commercial Center Unit 1207, the Chairman be authorized to sign the contract and associated documents on or after December 27, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. Steve Borne thanked the Board for the relationship they have had in Avon and stated he looks forward to this future endeavor. Commissioner Johnson spoke to item M and questioned what they are getting for that. Commissioner Stone stated he doesn't have an exhibit A. Commissioner Johnson stated Mr. Schrum wasn't present nor was anyone in his stead. Commissioner Johnson questioned the resolution for the Census participation. He questioned staff participation. Joe Forinash, Planner, responded it is somewhat open ended and not well defined. He stated this is primarily a resolution offering support and implies that staff will be involved in making the census successful. He spoke to a meeting last week with he, Sara Fisher and other members of the Census program. He mentioned the update the week of the 3rd. Commissioner Johnson asked ifthis is time sensitive and suggested it may be better to be heard after the update. Commissioner Stone spoke to a sentence about recruiting and training local residents. He suggested the County doesn't mind supporting employees already in the process, but to agree to be part of the recruitment for the training is more than what they may want to do. Jack Ingstad, County Administrator, asked ifthis is not the resolution that all the towns and governments are signing on. Mr. Forinash suggested that it is similar to those being signed by all entities. Chairman Phillips questioned our current involvement. Commissioner Johnson asked this be pulled to January 1 st. Chairman Phillips implied it will probably be signed as well. Mr. Ingstad stated he thinks its important to do and suggested he has committed to the communities that we would do so. Commissioner Johnson suggested he thinks it important to have the work session beforehand. Commissioner Stone stated he thinks it is a resolution he will ultimately approve but he would like to have more details beforehand. Mr. Loeffler stated on item M, he understands this is time sensitive and asked if it could be tabled to 2:00. Commissioner Johnson moved to approve the consent calendar as presented including the amendment to item H, tabling item N to 2:00, tabling item U until after the work session and pulling item F. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00206. Edwards Village II. A Resubdivision of Lot 6. Edwards Village Center. A Consolidation of Lots 6 and 7. County of Eagle. State of Colorado. He stated this Minor Type B Subdivision will resubdivide Lot 6 to create l6 commercial condominium units in Building B, 1 commercial condominium in Building A, and general common elements as shown on the plat. He reviewed staff findings as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 3 12-20-1999 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Pinal Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-00206, Edwards Village II, a resubdivision of Lot 6, Edwards Village Center, a consolation of Lots 6 & 7, County of Eagle, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-227. PDA-00024. Amendment to Riverwalk at Edwards Planned Unit Development, Edwards, Colorado. He stated this was an amendment to the PUD Guide that would permit residential "fractional fee estates" (i.e., time shares) in residential, commercial, or flexible space. The Board approved this PUD Amendment application on December 6th, 1999. Commissioner Johnson moved to approve Resolution 99-227, file number PDA-00024, amendment to Riverwalk at Edwards Planned Unit Development. Commissioner Stone seconded the motion. The vote was declared unanimous. Final Settlement, Harry's Heavy Haulers Bob Loeffler presented final settlement for Harry's Heavy Haulers for the Frying Pan River Road Project. Mr. Loeffler stated this matter was published and no claims have been received. Staff recommended approval. Commissioner Stone moved to approve final settlement for Harry's Heavy Haulers for the Frying Pan River Road Project. Commissioner Johnson seconded the motion. The vote was declared unanimous. AFP-00067, Amended Final Plat, Ladybelle View, Lot 4 Jean Garren, Planner, presented file number AFP-00067, Amended Final Plat, Ladybelle View, Lot 4. She stated the purpose ofthis Amended Final Plat is to modify the previously platted building envelope and Drainage and Debris Flow Easement. Ms. Garren reviewed the chronology of the proposal as follows: Ladybelle View Subdivision was originally platted in 1987, and amended to remove a plat note in June, 1988. The building envelope for Lot 3 was amended in 1992; and two amendments were made to Lot 1 (amending building envelopes and making other changes) in 1992 and 1994. Ms. Garren reviewed the referral responses as follows: ~ Eagle County Engineer: The Engineer required that specific language be added to the plat requiring construction of specific debris flow mitigation. · Eagle County Building Permit Coordinator: The Building Permit Coordinator required that an agreement be drawn between the owners of Lots 3 and 4 regarding easement maintenance and responsibility. ~ Eagle County Surveyor: The Surveyor had three comments which have been 4 12-20-1999 addressed. ~ Eagle County Assessor: The Assessor had no comments. Ms. Garren reviewed staff concerns and issues as follows: . Alteration of the drainage and debris flow easement. In order to insure that alteration of the building enveloped to allow construction within the previously platted drainage and debris flow easement would not harm either Lot 4 or Lot 3, Eagle County required: i. That an agreement between the owners of both lots regarding easement maintenance and responsibilities be drawn. 11. That a professionally engineered mitigation berm be specifically located according to a submitted site plan and constructed to standards established by the Eagle County Engineer prior to the issuance of any building permit. 111. That a restrictive plat note (Note 6) be created. iv. That the building envelope be amended to the least extent possible. Ms. Garren stated the applicant has done these things and staff finds no reason why this Amended Final Plat should not be approved. She reviewed staff findings as follows: Pursuant to Section 5.290.G.2. Standards for Amended Final Plat of the Eagle County Land Use Regulations: a. Adjacent Property. The proposed amendment to the Final Plat DOES NOT adversely affect adjacent property owners. b. Final Plat Consistency. The proposed amendment to the Final Plat IS CONSISTENT with the intent of the Final Plat. c. Conformance with Final Plat Requirements. The Amended Final Plat proposed DOES CONFORM to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvements Agreement. An Improvements Agreement IS NOT required. e. Restrictive Plat Note Alteration. The Amended Final Plat DOES NOT alter a restrictive plat note. Commissioner Johnson moved the Board approve File No. AFP-00067 incorporating the findings; and authorize the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. 1041 Completeness Hearing, Buckhorn Valley, Eagle County Tambi Katieb, Environmental Health, presented the 1041 Completeness Hearing for Buckhorn Valley, Eagle County. He stated the action that will be requested from the Board today is to determine completeness of a l04l Permit application and to estimate associated processing fees. Roark Partners, L.L.L.P. has submitted a 1041 Permit application for the construction of a major extension of domestic sewage treatment systems for the Buckhorn Valley residential development, located in unincorporated Eagle County. Staff has reviewed the above referenced application and has found it to be complete. We have tentatively scheduled the hearings for the Planning Commission and Permit Authority on February 2, 2000 and February 14,2000 respectively. Estimated fees for the above referenced 1041 Permit application are as follows: Community Development Staff 20 Hrs @ $42.50 = $ 850.00 Engineering Staff 3 Hrs @ $42.50 = $ 127.50aAttorney Staff 5 12-20-l999 5 Hrs @ $75.00 = $ 375.00 TOTAL = $1,352.50 Commissioner Stone moved the Board accept the application submitted by Roark Partners, L.L.P. for the construction of a major extension of domestic sewage treatment system for the Buckhorn Valley PUD, located in unincorporated Eagle County, as complete. The Board approves the applicants waiver request for the requirement of a special use permit, as applied from section 3-310-1 ofthe Eagle County Land Use Regulations. The estimated fee to process this application is $1,352.50 and may be altered to cover the actual cost of review and public hearings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Annual C4lqn~ Office Supplies Bid Chris Sasse, Finance, presented the annual office supplies bid. She stated they advertised for the annual bid in the County Newspaper. She stated not all those received bid on everything. She referred to the summary of results. She stated since not everyone bid on everything, they compared each individual item among those that bid. Staff recommend they choose Scullys for the general office supplies, they recommend Corporate Express ImagiIlg for imaging copying items. She stated Lewans had the lowest bid for copier papers. She slated they ,\\,ould award some other items, calculation supplies, etc to Corporate Express Office and Computer Paper to Willamette Industries. Commissioner Stone asked how the 2000 budget differed from the 1999 budget. Ms. Sasse stated the 2000 budget was reduced for calculators. She stated the bid was based on the usage this year. Some of the prices wept up, particularly the copier paper. Commissioner Stone questioned the difference of $15,000. Ms. Sasse stated it reflects increased usage and increased cost of calculator paper. Commissioner JohnSOl1 questioJled the copier paper being under reproduction supplies. He understands the question, the actual 2000 budget being for $32,000 and change, with the bids coming in at $48,000 and change. He stated the difference petween what was budgeted and the bids is significant. Ms. Sasse I)tated some ofthe prices went up as did the quantity. She stated she would have to review the budget for 1999. Commissi9ner lohnson stated a problem with approving this is if they only took the office supplies, looking at the budget of $9Q,000 and the bid of $97,000 they are already over budget. Ms. Sasse responded they arel:\pproving an estimate of what the office supply items will be. The documents reflect this is not a guarantee Qf purchase dollars. Mr. Loeffler stated there is no guarantee they will purchase this amount. Commissioner Johnson suggested if this amount is in excess, they should have changed the budget. He suggested if they have a bid that is different than the budget it should be reflected in the budget. ChairmaJl Phillips asked what th~y should do. Commissioner Stone stated as long as what they approving is only the vendors then he can go with that. Ms. Sasse stated they are approving the vendors, the price included is an estimated amount. Ms. Sasse stated it reflects what they would spend if they priced out every item. Commissioner Johnson moved to approve and award the bid as presented for the purchase of office supplies in the year 2000. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone asked if they could get more detail between the 1999 and 2000 bids and would like to identify why the need for more expense. 6 12-20-1999 Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Splendido's at the Chateau Earlene Roach, Liquor Inspector, presented a change in corporate structure for Vista Hospitality, Inc., dba/Splendido at the Chateau, adding James Nicol as President and James Bromby as Treasurer, replacing Stephen McCasey and Robert Merkley. Ms. Roach referred to the memo provided to the Board. Both applicants are reported to be of good moral character. Staff recommended approval. James Bromby, applicant, was present for the hearing. Commissioner Johnson moved to approve the change in corporate structure for Vista Hospitality, Inc., dba/Splendido at the Chateau, adding James Nicol and James Bromby. Commissioner Stone seconded the motion. The vote was declared unanimous. Jambalayas Cajun Grill Earlene Roach presented a change in trade name for CNSC, Inc., dba/Jambalayas Cajun Grill. The applicant would like to change the trade name to Jambalayas Louisiana Grill. This application is in order. Staff recommended approval. She related she informed the applicant they need not be present for the hearing. Commissioner Stone moved to approve the change in trade name for CNSC, Inc., dba/Jambalayas Cajun Grill, changing the trade name to Jambalayas Louisiana Grill. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Consent Calendar Continued Item N, Resolution 99-225 authorizing the Chairman to the Eagle County Board of County Commissioners to enter into an Intergovernmental Agreement with the State Department of Transportation, Division of Transportation Development, for the provision of public transportation services in non-urbanized areas. Chairman Phillips asked Jim Schrum, Director of Transportation, to speak to item N from the consent Calendar. Mr. Schrum stated the Federal Transit Agency allocates so much money each year to non-urban areas. They have requested and justified funds from the 5311 program. CDOT who administers the funds, indicated they were eligible to received $45,700. The administration program is a 70/30 match and operations is a 50/50 match. Thus are making the request of $45,700. The County's match will be $42,043.00. Commissioner Johnson moved to approve Resolution 99-225, authorizing the Chairman to enter into an Intergovernmental Agreement with the State Department of Transportation, Division of Transportation Development for the provision of public transportation services in non-urbanized area. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone was not present at this time. 7 12-20-1999 Abatements Mark Chapin, Assessor's Office, presented a petition for abatement for Georgianna Lilly, schedule number R027575. He explained she petitioned for abatement on a vacant lot that adjoins her improved lot at Red Table Acres. He stated the property could be considered contiguous except for ownership. He stated the vacant lot is under the petitioners name alone where the approved lot is in her name and another person. He read from the Statutes, 39-1-103 (14.4) which specifies that names must be the same. In 1997 and 1998 that was not the case, but in 1999 the names have been corrected. Commissioner Johnson asked for clarification using Sears and Sears & Robuck as an example. Ms. Lilly was present for the hearing stating as a former County employee, she has been married for twenty four years. She stated she did not take her husbands name. She stated she was unaware of the problem of not having both names on both parcels. She stated they have lived there for thirteen years. She brought pictures of her family. She appealed to the Board stating it has been the same two people owning the land and it was just her lack of knowing the technicalities that caused this issue. Commissioner Johnson asked how the two parcels came to be under different names. Ms. Lilly stated when they first moved into the house, the lot was vacant. She explained the lots were triangular. She explained she contacted the owner of the adjoining property and asked if she could buy it. She did all of the paperwork and it was by virtue of her taking the initiative and doing the work, that's the way it happened. The house was more of a concern and it was more important to have both their names on that. Chairman Phillips asked what they can do about this or what is the Assessor's recommendation. Mr. Chapin stated the Attorney General's opinion is that the law is pretty specific. As for the other criteria, the vacant lot complies, the common ownership was not in compliance. He stated he is recommending denial accordingly. He stated Ms. Lilly has a deed and changed the ownership on one of the two parcels so in the future it is not an issue. Commissioner Johnson stated he is sorry that there is nothing that they can do legally and related Mr. Chapin tried to find alternatives. He spoke to the water from the tap. Ms. Lilly stated she has spoken with other County Commissioners and it is possible while recognizing a legal technicality, to see beyond it. She stated they have had the land for ten years and have been overtaxed for that period of time. She stated they have brought it into legal compliance and would like the Board to appreciate their position. Commissioner Johnson suggested if she could show something that could show that they owned it jointly. He stated if she has additional evidence to show joint ownership, they might be able to table this and consider further information. He suggested perhaps a will. He asked if the property was paid for out of a joint account? He stated that would give proof that it was a joint purchase. Ms. Lilly questioned the fact that they have now brought it into compliance, that would give proof of it being a lack of them not knowing. Chairman Phillips stated she recognizes what they are saying and doesn't doubt that. She spoke to the vehicle registration with her husband. She stated it is the law that mandates what they can or can't do. She questioned what they would do about a spouse dying and the names not being on the property. Renee Black, Asst. County Attomey, stated the way the State looks at it is how it is titled rather than who might own it. She suggested that the State would not approve it because they strictly go by what is on the title. Mr. Chapin stated he really doesn't think there is anything in the Statute that allows for this. He suggested out of the kindness of their hearts the Board might grant the abatement. Commissioner Johnson asked if Ms. Lilly has any other evidence. Ms. Lilly stated only her children. Commissioner Johnson moved to deny the abatement for schedule number R027575, Georgianna 8 12-20-1999 Lilly, as recommended by the Assessor. Chairman Phillips seconded the motion. In discussion, Chairman Phillips stated she recognizes how unfortunate it is but it is the law and they have to abide by it. She stated the Board is compelled to follow the law. Chairman Phillips called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Mark Chapin presented petitions of abatement for John Forier, schedule numbers R033948 and R033947. The Assessor stated they do have some minor changes that are contrary to their original decision. He stated the subject properties are located in Horse Mountain area north of Wolcott. He stated originally they denied the petition but they received additional information from the petitioner. He stated the lots are only accessible by foot. Therefore they have lowered the values resulting in an abatement for schedule R033947 in 1997 in the amount of$1,059.12. For 1998 in the amount of $1134.81. Schedule R033948 for 1997 an abatement for $1059.12 and in 1998 an abatement of $1,134.81. Commissioner Johnson asked about the special district. Mr. Forier stated it is developer controlled and they do just what they want to do. Commissioner Johnson asked if this is a partial abatement. Mr. Chapin clarified it is not a denial. Commissioner Johnson moved to approve an abatement for schedule # R033947 in 1997 in the amount of$1,059.12, leaving a balance of $592.46 and for 1998 an abatement in the amount of $1134.81 leaving a balance of $634.80. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve an abatement for schedule # R033948 in 1997 in the amount of$1,059.12 and for 1998 in the amount of$1134.81. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Chapin stated items presented petitions for abatement for Stag Gulch Partners, schedule numbers R040943, R045626, R041458, R041177 (1996), R041177 (1997), R040512 and R041l78. He stated these are all owned by Stag Gulch Partners and the property is the Cordillera Golf Course. He stated in 1998 they went before the Board of Assessment Appeals and the land value was lowered. Following that appeal, the petitioners representative petitioned for abatement. It was determined on an equity basis the $12,000 per acre was really more applicable. He is recommending an abatement on schedule R045626 for $9,663.04 for 1997. Commissioner Johnson moved to approve an abatement other than requested for schedule numbers R045626 for 1997 in the amount of$9,663.04. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to approve an abatement different than requested for schedule R041458 for 1997 in the amount of$147.38. The abatement for tax year 1996 shall be denied as recommended by the Assessor. Chairman Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve an abatement different than requested for schedule number R041177 for 1997 in the amount of $2,645.72. The requested abatement for 1996 shall be denied as recommended by the Assessor. Chairman Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve a petition for abatement different than requested for schedule number R040512 for 1996 in the amount of$3,169.44 and for 1997 in the amount of 9 12-20-1999 $3,416.70. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to approve an abatement different than requested for schedule number R041178 for tax year 1997 in the amount of$1,247.92. The abatement for tax year 1996 shall be denied. Chairman Phillips seconded the motion. The vote was declared unanimous. Mr. Chapin stated on schedule number R040943, it is clear this property is the community center and that this property is a different use than the golf course. The Assessor recommended denial. Commissioner Johnson moved to deny an abatement for tax years 1996 and 1997 for schedule number R040943 as recommended by the Assessor. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Mark Chapin presented a petition for abatement for Cordillera Valley Club, schedule number R044175. The Assessor recommended an adjustment down to $12,000 per acre. Commissioner Johnson moved to approve an abatement schedule number R044175, in 1996 for $3,063.12 and for 1997 in the amount of$5,816.94. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Mark Chapin presented a petition of abatement for Vail Trails East Condominium Association, schedule number R045468. He stated this is a common area parcel that has been deeded to the Homeowners Association. As a result the Assessor is recommending approval as submitted. Commissioner Johnson moved to approve an abatement for schedule number R045468, Vail Trails East Condominium Association, in the amount of $2,201.03, leaving a tax amount of zero. He stated the tax amount is included in the taxes of the individual owners. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Mark Chapin presented a petition for abatement for Rams Horn Condominium Association, schedule number R045489. The Assessor stated this is also a common parcel and has been deeded as such. The Assessor recommended approval. Commissioner Johnson moved to approve an abatement for schedule number R045489, Rams Horn Condominium Association, in the amount of$1,147.14 as recommended by the Assessor, leaving a balance of zero. Chairman Phillips seconde<;l the motion..Qfthetwo voting Commissioners the vote was declared unanImous. Mark Chapin presented a petition for abatement for Ray Seelbinder, schedule number R032976. The Assessor stated this is located on the county line between Garfield and Eagle Counties. Garfield County has had this classified as agriculture and they have found the information submitted to substantiate their claim. The Assessor recommended the abatement be granted. Commissioner Johnson moved to approve an abatement different than requested for schedule number R032976, Ray Seelbinder, in the amount of$1,470.83 for 1997 and in the amount of$1,575.57 for 1998. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. 10 12-20-1999 Mark Chapin presented petitions for abatement for Galena Partners, schedule numbers R041700 1996 & 1997, R04l700 (1998), R04170 1 (1996 & 1997), R04170 1 (1998), R041702 (1996 & 1997) R041702 (1998), R041705 (1996 & 1997), R041706 (1996 & 1997), R041706 (1998). He stated this is the par three golf course found on Cordillera Mountain. He stated they see no reason to abate as the total value was in line with what it should be. He stated the petitioner did not submit any documentation to support more than what is currently recommended. He is recommending denial on all five accounts for 1996, 1997, and 1998. Commissioner Johnson moved to deny an abatement for schedule numbers R041700 for 1996 & 1997, as recommended by the Assessor. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to deny an abatement for schedule numbers, R041701 for 1996, 1997 and 1998 as recommended by the Assessor. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to deny the petition for abatement for schedule number R041702, for 1996, 1997 & 1998 as recommended by the Assessor. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to deny a petition for abatement for schedule number R041705 for 1996 and 1997, as recommended by the Assessor. Chairman Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to deny schedule number R041706, tax year 1996, 1997 and 1998, as recommended by the Assessor. Chairman Phillips seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for Francisco & Margaret Cibele, schedule number RO 1 0733. The Assessor stated this is located in the Willows Complex at the base of Vail Mountain. He stated the subject property was purchased for a lower value than assessed in 1998. Mr. Chapin explained the comparable sales they used to value the unit were from January 1, 1996 through June 30, 1996. He stated there is no basis for them to adjust the property. Commissioner Johnson moved to deny schedule number R010733, Francisco & Margaret Cibele, as recommended by the Assessor. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Mark Chapin presented petitions for abatement for Crossviewat Vail, schedule number R043691 he stated this is a common area shown by plat, however, it was not deeded to the Homeowner's Association until August of 1998. The value will go to zero for 1999. Commissioner Johnson suggested that even though it may have been owned by the Association the deed does not reflect that, much like item M. Commissioner Johnson moved to deny schedule number R043691, Crossview at Vail, as recommended by the Assessor. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 11 12-20-1999 Mark Chapin presented petition for abatement for Crossview at Vail, schedule number R046803. He stated the plat was in error and caused them to double assess the property listed above. The Assessor recommended the abatement be allowed. Commissioner Johnson moved to approve an abatement for schedule number R046803, in the amount of$1,910.45 for tax year 1998. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. There being no further business to be brought before the Board the meeting was adjourned until January 3, 2000. Attest: Clerk to the Bo 12 12-20-1999