McWhinney Wants Out of Legal Obligations Hein Family Trust Sues McWhinney & KB Homes |
Archives, stories and documents Related to Aspen Knolls January 2004 City staff memo describing the eminent domain necessary to develop Aspen Knolls by condemning the property of Ray W. Hein Family Trust March 2004 report Candidate Don Marostica mistakenly sends out campaign brochure contradicting his vote on Eminent Domain for Aspen Knolls July 2006 Blog comments and posting on the Eminent Domain along with a description of the Hein Family Trust deal August 2006 report KB Homes Application For Aspen Knolls Metro District to pay for traffic improvement promise October 2007 report Metro District similar to Aspen Knolls approved. This article compares the proposals and council history approving such proposals February 2008 report Owners of KB Homes in the Greenbriar development sue KB Homes for poor construction and code violations November 2009 McWhinney (new owner of Aspen knolls) asks council for fee waiver extension City Council Approved Eminent Domain (minutes from the meeting) Adopted 16th day of March, 2004. Res. #R-30-2004: Aspen Knolls Condemnation Request Greg George, Director of Community Services introduced this item which is consideration of a resolution authorizing the City Attorney to take all necessary legal measures, including condemnation, to acquire a portion of the Hein Family property for the purpose of constructing roadway improvements to South Taft Avenue associated with the Aspen Knolls PUD. The applicant is Landmark Engineering on behalf of KB Homes of Colorado. This item was first considered on January 6th and continued for two weeks to allow the parties more time to negotiate. On January 20th it was continued again with direction to Staff and the applicant to revise the request so that the land areas being considered for condemnation would allow roadway improvements meeting City standards. Council was presented with hundreds of pages of documents outlining in detail the offers and counteroffers. Ken Merritt, representing Landmark Engineering came forward with a power point presentation. He reviewed a log of negotiation attempts with the Hein Family. At the conclusion of Mr. Merritt’s presentation, Ben Waldman, LSC Transportation spoke next. No one from the Hein Family was present to address Council. Mr. Merritt entered several exhibits into the record: 1) certified mail receipt & proof of delivery; 2) correspondence from South Side Extension Ditch Company; and 3) memo from Jeff Olhausen of Landmark Engineering. Mr. Merritt responded to questions. After considerable discussion between Council, Staff and Mr. Merritt, Councillor Dozier moved to approve the following resolution determining the necessity of and authorizing the acquisition of certain parcels by negotiation or condemnation and Mayor Protem Marostica seconded. A roll call vote was taken with all Councillors voting yes with the exception of Rousey who voted no. Motion passed 8-1. |
How It All Began ASPEN KNOLLS ADDITION Resolution #R-105-98 finding the annexation petition for Aspen Knolls to be in substantial compliance with CRS 31-12-107(1) and setting a public hearing date of January 19, 1999 for City Council to consider the annexation of 133.2 acres of land to be known as Aspen Knolls Addition. Byrlon Milke and Gaylen Williams filed the petition. The property is located north of and adjacent to 28th St. SW (C.R. 16), east of and adjacent to S. Taft Avenue. The petition was filed with the City of Loveland on December 10, 1997. Under Colorado State Statutes, a public hearing on the annexation petition must be held not less than 30 days and no more than 60 days from the effective date of the resolution setting the public hearing. The proposed annexation is scheduled for Planning Commission consideration on December 22, 1998. The Planning Commission will also consider on December 22, 1998 a request to zone the property to Aspen Knolls PUD and a general development plan for the site. The PUD proposes 400 to 600 residential dwelling units and approximately 3.05 acres of commercial uses. Council is scheduled to consider the PUD at a public hearing on January 19, 1999. Approved |
Aspen Knollss |