Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 1, 1995

SUBDIVISIONS

(#273)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health Director; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the agenda item for the alleged violation at 1000 South Lincoln until May 8, 1995.

M O T I O N

Commissioner Clarke moved that the Board table the agenda item for the alleged violation at 1000 South Lincoln in Loveland, CO. until May 8, 1995, as requested by Mr. Barnett.

Motion carried 3 - 0.

1. COLLAND CENTER HOMEOWNERS ASSOCIATION DISSOLUTION:

24-06-69; SOUTHEAST CORNER OF HIGHWAY 287 AND COUNTY

ROAD 32 (05-01-95).

This is a request to seek authorization from the Board of County Commissioners to dissolve the Colland Center Homeowners Association. Mr. Kadera reviewed the major concerns and issues and submitted a letter from Mark Schleiger, property owner in the subject area, expressing his objection to the dissolution of the homeowner's association in Colland Center. Mr. Kadera noted that an improvement district was formed to do road repairs; therefore, the only obligation of the homeowner's association is to take care of the park, but some of the owners no longer want that responsibility so they began the process to dissolve the homeowner's association. Mr. Kadera stated for the record that staff has never been in favor of dissolving homeowner's association as, in their opinion, they are good for neighborhoods. Staff Findings are: 1) Colland Center Subdivision was approved in 1973; 2) The developer of Colland Center dedicated a four-acre park and incorporated a homeowners association to be responsible for the park; 3) The Subdivision Resolution requires the approval of the Board of County Commissioners before any homeowners association can be dissolved; 4) The association in Colland Center wishes to dissolve so the park will revert to the original developer and the park will no longer be the responsibility of the property owners; 5) There does not appear to be a compelling reason to dissolve an existing homeowners association that is responsible for maintaining a park in their subdivision. The Staff Recommendation is for denial of the request for authorization to dissolve the Homeowners Association in Colland Center Subdivision.

Cecilia Everson, applicant, informed the Board that the dissolution of the homeowners association was voted on and approved by 76% of the property owners in the subdivision; she noted that the property owners in the subdivision are very angry and wish to rid their community of an unnecessary burden. Ms. Everson raised a conflict of interest with Mr. Kadera as he is president of his homeowner's association and is the developers neighbor. Mr. Kadera responded he has no personal interest in whether Mr. Dilsaver, the developer, takes back the park area or not, and his being president of his homeowner's association should have no bearing on this situation; however, he offered to remove himself from this matter if the Board decides there is a conflict of interest. After discussion, the Board concurred that no conflict of interest exists with Mr. Kadera representing the county in this matter. Mr. Barnett added that staff does exhibit a bias to homeowners associations, as they perform many responsibilities which are performed inside municipalities by local government.

The following persons addressed the Board in opposition to the dissolution of the Colland Center Homeowner's Association: Larry Cumley, Ashton Petalushe, Dave White, Denise Praizler, Tony Akowski. These persons stated they would like to have new board members appointed and admitted it will take much effort on everyone's part to make the association effective; they noted that the association dues are $50 per year and the park is a valuable piece of property to the homeowners. The Board was asked to consider the ethics used for the dissolution of the association, noting that funds that were to be used for the park, were used to hire a lawyer and people who had not paid their dues were allowed to vote for its dissolution. The Board was informed that the taxes on the subject property were paid by certain individuals rather than with association dues in order to protect the property. They pointed out that even if the association is dissolved, the same problems will exist and the concern of animosity among the neighbors was expressed. Jamie Saport spoke for the dissolution; she stated that when they bought their property, they were not informed about the homeowner's association and she does not see any purpose for the association. Lenny Brezenski expressed concern about the title company giving out false information regarding the identification of the president of the association when no one was elected president. Ms. Everson responded to some of the comments made and noted that members considered to be in good standing are those that have paid dues. However, since there was never a quorum at any meeting to determine the amount of dues, and it is not addressed in their bylaws, no dues should have been assessed; therefore, everyone residing in the subdivision should be considered a member in good standing. Ms. Everson stated that the person authorized to sign on the account moved to Oregon, and because no one else had the authority to pay bills until recently when a vote was taken to elect a board of directors to pursue dissolution, no bills were paid in the interim; she noted, however, that now all outstanding bills have been paid and the balance of the account has been sent back to the homeowners who paid their dues. Ms. Everson stated that currently there is no money left in the homeowner's association account.

At this time, the public testimony portion of the hearing was closed and opened for Commissioners' comments: Commissioner Clarke stated that it is obvious that the homeowners association and the Board of Directors are not working together harmoniously and are extremely dysfunctional and he expressed concern about liability. Commissioner Clarke suggested that either the property owners try some kind of facilitation to resolve their problems or consider giving the park to those persons owning property immediately adjacent to the park and making them responsible for maintenance and then their homeowner's insurance would resolve the liability concern. Commissioner Duvall referred to the letter from Mr. Schleiger and his suggestion that a continued homeowner's association could become voluntary in nature; Mr. Kadera stated that it cannot be voluntary because when property is purchased in this subdivision, the property owner automatically becomes a member of the homeowner's association and it is their obligation to pay dues and any assessments which are levied. Commissioner Duvall stated that the County Commissioners and staff view homeowner's associations as valuable tools to assume responsibilities and solve problems within their subdivisions; she noted that approvals are based on the existence of a homeowner's association. Commissioner Duvall stated that she favors the idea of a facilitator to resolve the problems and she questioned if the new phases of a subdivision should become part of the old homeowner's association? Chair Disney stated that he agrees with both Commissioner Clarke and Commissioner Duvall's comments. Ms. Haag offered the suggestion that the homeowners consider hiring an independent property management company, noting that their primary function is to manage homeowner's associations.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation and deny the request for authorization to dissolve the Colland Center Homeowner's Association and suggested that the property owners put aside their differences and work together to solve their problems.

Motion carried 3 - 0.

2. CYRSTAL LAKES FIRE PROTECTION DISTRICT (#95-RR0617):

WEST OF RED FEATHER (05-01-95).

This is a request for the Board of County Commissioners to set a date for the Planning Commission to consider the proposed service plan for the Crystal Lakes Fire Protection District, as required by State Statutes. As the Planning Commission's recommendation has to be made 30 days from the date when the service plan was submitted to the Clerk and Recorder's Office, Mr. Kadera recommended the hearing be set for May 17, 1995. Mr. Kadera further stated that no sooner than ten days after the Planning Commission Hearing, the Board of County Commissioners will meet to set a time for their hearing to consider the service plan.

M O T I O N

Commissioner Duvall moved that the Board set the Planning Commission hearing date for consideration of the proposed service plan for the Crystal Lakes Fire Protection District for May 17, 1995, tentatively schedule July 3, 1995 for the hearing date before the Board of County Commissioners, and authorize the Chair to sign the Resolution to refer the Service Plan for the Crystal Lakes Fire Protection District to the Larimer County Planning Commission for Recommendation, as requested by Mr. Kadera.

Motion carried 3 - 0.

R95-54g RESOLUTION TO REFER THE SERVICE PLAN FOR CRYSTAL

LAKES FIRE PROTECTION DISTRICT TO THE LARIMER

COUNTY PLANNING COMMISSION FOR RECOMMENDATION

3. REQUEST FOR APPROVAL OF PETERMAN FINAL PLAN (#95-EX0683):

Mr. Kadera requested Board approval, and the Chair's signature, on the Peterman Minor Land Development Final Plat (#95-EX0683).

M O T I O N

Commissioner Duvall moved that the Board approve the Peterman Minor Land Development Final Plat (#95-EX0683), as requested by Mr. Kadera, and authorize the Chair to sign same.

Motion carried 3 - 0.

4. DISCUSSION ITEM: Mr. Barnett apprised the Board of an administrative building permit hold being placed on the Foothills Subdivision, west of Berthoud, due to construction scheduling problems and quality control.

The meeting adjourned at 10:45 a.m.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

May 1, 1995

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