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OCN > 2412 > Gleneagle Civic Association annual member meeting, Nov. 14 – Leaders urged to oppose noise variance renewal

Gleneagle Civic Association annual member meeting, Nov. 14 – Leaders urged to oppose noise variance renewal

By David Futey

On Nov. 14, the Gleneagle Civic Association (GCA) held its annual meeting online. The meeting was originally scheduled for Nov. 6 but was cancelled due to bad weather, and then technical difficulties occurred when it was attempted online that evening. During the meeting, the board heard calls for it to show support to deny renewal of the Colorado Springs noise variance regarding the Ford Amphitheater.

The meeting opened with a verification of quorum. A quorum for GCA is 20% of the homeowner membership in the HOA, so at least 141 was required. This number was not achieved between the proxies received and those attending online at the time of the meeting. So, the election of new officers could not be conducted. A proof of notice of meeting was presented by Howie Feller, the Warren Management representative who also moderated the meeting.

The GCA officers were introduced: Gordon Streich, board president and Covenants Control chair, Shawna Uehling, board vice president and Architectural Control Committee chair (ACC), Glen Leimbach, board member at-large and Ray Berg Open Space manager, Mark Connell, board member at-large and Roads, Signs and Ditches chair, and Jimmy Owenby, board member at-large. Owenby was previously on the board and replaced Glenn Gutnayer, who recently resigned. Streich and Uehling retired from the board after this meeting. All board positions are voluntary.

Next was the first of two lengthy and sometimes contentious discussions regarding noise levels from the Ford Amphitheater in Colorado Springs affecting Gleneagle residents. A community member stated they are “working with a number of people that are trying to fight the excessive noise from the Ford Amphitheater.” He added that there are “a lot of people suffering from this excessive noise.” He provided a link to a “noise map” (Noise Map Ford Amphitheater – Colorado Springs – www.ajudavem.com/noise/noisemap.php) where at least 60 homes in Gleneagle area have complained about the noise. He stated that others have sent complaints directly to Colorado Springs City Council.

The immediate concern is that the Colorado Springs mayor’s office is nearing a decision on whether to renew the hardship noise permit for the amphitheater. This would enable the amphitheater to again exceed the noise variances that residents need to abide by. According to the community member, the mayor’s office has not received “overwhelming influence” to not renew that hardship waiver. It was stated that the city and state statutes indicate noise should not exceed 50 decibels after 7 p.m. in residential areas.

The community member asked the Gleneagle board to at least submit a request for non-renewal to the mayor’s office and City Council as soon as possible. He noted that the Sun Hills HOA leadership expressed to the City Council how the noise is affecting their community. He added that “my house is within a mile and a half from the amphitheater, and we can hear music through our closed windows; it’s enough to keep us awake at night.” He noted the Home – Ford Hurts Families ((www.fordhurtsfamilies.org) has information on the noise issue and a template that can be modified to file a noise complaint and request the city not to approve the waiver.

After a brief discussion on whether the board could send a letter that would properly represent the over 700 members and clarity on what was being asked of the board, Feller interjected and stated this discussion should be moved to the homeowners’ forum at the end.

Homeowners’ forum

The homeowners’ forum began with a continuation of the discussion regarding the board submitting a request to the Colorado Springs mayor and City Council that they not renew the noise variance waiver for the Ford Amphitheater.

From the community members on the call, it was reiterated that a request needs to be sent in a timely manner because the Colorado Springs mayor is potentially deciding on extending the noise variance within the week; there is no sound mitigation toward the north and Gleneagle is at a higher elevation, enhancing the noise affect; various members on the call stated that they and their neighbors have expressed to them that if the noise situation does not improve they will be forced to move; some community members have been forced to go into their basement during concerts to mitigate being exposed to excessive noise levels in their home; the city is taking input from outside the city; there is no data given the relative newness of the situation but property values will most likely decline as who wants to buy in an area where 40-60 times a years the homeowner is impacted by noise from the venue; the variance is supposed to be a one-time exemption; the city has made it a for or against the venue when the issue is the noise from the venue.

Board members said they are trying to understand the facts and related information being provided to them at this meeting. Streich said as board president he feels this is not in the board’s purview given Gleneagle is not in the city; he has not received any complaints from members though his email and phone are available to members; he knows there are members who enjoy hearing the music. He and other board members were not aware of the noise-tracking website and Ford Hurts website; how can the board send a letter that represents the over 700 Gleneagle members when five members are on the call complaining about it? Streich restated he is off the board after the meeting. This discussion concluded with the board agreeing to review the information and, if agreeing, use the template to submit a request for non-renewal of the variance and possibly submit it by the following day.

President’s report

During the president’s report, Streich said Leimbach had almost completed the open space trail section off Pauma Valley and other trail sections. The open space trails require ongoing maintenance because the road base tends to wash away more than expected. Streich stated that the GCA hired Warren Management in 2024 and the transition has been completed. He expects that the GCA will be able to take full advantage of Warren Management’s contracted resources in 2025. He also stated there was a “fairly large delinquency list for assessment dues” at the beginning of the year, with about half being resolved.

Committee reports

Uehling said one new build was approved for the year and only a handful of buildable lots remain. There were quite a few ACC approvals for roofs, painting, sheds, landscaping, xeriscaping, fencing, decks, patios, and solar panels. She said, “Those were the majority of the requests, and community members are finding their way to the new approval system through the Warren Management portal.” Requests are uploaded through the portal, then forwarded to the appropriate committee, which reviews it, and Warren provides the response. Feller should be contacted if community members are interested in assisting with the ACC.

Connell reported on the Roads, Signs and Ditches Committee. The primary responsibility of this committee is replacing signs that have been knocked down by decay or vehicles and refinishing existing signposts. The committee is also seeking to replace the metal sign posts that the county uses with the standard wood or cedar posts as seen throughout Gleneagle. It works with the county on the street signs.

Streich noted that the Covenants Committee has “gone through a couple chairmen over the last couple years, resigning for medical or work reasons.” The current Covenants Committee is composed of three GCA board members and a member of the community. The committee meets about every other week, usually by Zoom, reviewing violations and “issuing a friendly letter” if follow-up is required. The committee is trying to avoid a formal process with a certified letter, which involves various costs. In general, community members have been responsive in resolving violations with the initial contact. Streich said prospective volunteers for this committee should contact Feller.

Leimbach described the efforts of the Open Space Committee. There was a “land swap” at the previous 14th Fairway west of Pauma Valley so walking the trail has changed. Leimbach cautioned that the new trail can be icy and slippery since it slopes north, which he will try to address in the future. He said the rest of the open space is going well, with a yet undeveloped part of the access that runs on the north side of the tunnel that crosses underneath Gleneagle Drive and heads toward the cul-de-sac on Silver Rock. He is waiting to address that location because there are three more lots to be developed in that vicinity. He said the road base on the trail seems to need to be built up each year.

Financial review and ratification of 2025 budget

As of Sept. 30, the operating account was at $20,511 with operating liabilities equaling $7,858. So, the actual balance at that time was $12,653. The reserve balance is $183,665. Streich provided clarification on the reserve balance. He said, “It is not really reserved because we don’t have anything to reserve for, it’s just surplus.” The reserve is invested in government guaranteed CDs.

The projected 2025 budget income is $55,362, with the majority coming from projected assessment dues totaling $46,106. The board approved an annual assessment increase to $66.15 beginning in January 2025. The maximum the board can increase the assessment dues is 5% annually, resulting in an increase of $3.15 for 2025. Total operating expenses for 2025 are projected at $56,226.

A community member asked about the management line item under professional fees. He noted that the projected management expense for 2024 is over $26,000, and the 2025 budget indicates $20,000. It was explained that 2024 was the introductory year with Warren Management and when the contract was signed, neither party knew what the startup costs would be along with the cost to operate the GCA. Thus, Warren fees were on a time billing status.

Warren uses a time-tracking application to bill at 6-minute increments. Feller provided an overview of the HOA billing process. The $20,000 for 2025 represents the cost of basic services that Warren will provide. Costs above the contracted amount could include if Warren is involved in an election process for a covenant change, which requires a two-thirds approval from the membership. The budget can be reviewed on the Gleneagle owner portal.

Another community member asked a question about Everlights, lighting that goes under the eaves that has become popular. Uehling said a homeowner needs to submit a request to the ACC to seek approval for the installation similar to any other request. She continued that if the lights become annoying or obnoxious or if your neighbors complain, that would be a complaint filed with the Covenants Committee and handled that way. The covenants contain vague verbiage regarding obnoxious lighting, she said.

This discussion led to a question about antiquated covenants. It was restated that a two-thirds vote of membership is required to make a covenant change. Streich said this is one of the reasons the board decided to hire Warren, because of its ability to manage an election. He continued that changing the covenants is a “difficult process” but sees the board bringing some issues to the community in the coming year such as covenant changes and possibly a one-time increase in dues, for which the board would need to make a case.

Wildfire preparedness summary

The election of directors could not take place because of the insufficient quorum. The meeting continued with a required overview on wildfire preparedness and creating a defensible space. Feller provided a summary presentation because representatives of the Monument Fire District were unable to attend this rescheduled meeting. Feller said homeowners should ensure they are thinning trees and shrubs, making sure nothing is up against their house, and that pine needles are cleaned up. Streich stated that Leimbach was cleaning up stands of scrub oak in the open space, and volunteer help for this effort would be greatly appreciated. He said members using the open space should be aware of their physical location if a situation arises and the fire department needs to be contacted. For example, stating “I’m at the windmill” as the fire department can see the windmill on its map.

A community member complained about a lack of response from the board and Warren Management after repeated correspondence regarding speeding on their street. This too became a contentious back-and-forth discussion as the community member said she originally sent an email in mid-September with follow-up correspondences since that time with no response. It eventually reached a point for both parties where Streich asked Feller to mute the community member so the meeting could proceed.

Another community member said, “My wife and I do enjoy walking the pathways in the open space and that area. So, thank you for maintaining that space and giving us a place to enjoy the outdoors.”

After no other community comments, Streich addressed the community member’s concern about a lack of responsiveness. He said, “We are in the first year with Warren and it has been a challenge. In general, we’ve come a long way. I expect that the performance on both our parts will be better next year.”

Streich continued, “As far as the individual board members responding, that is up to them individually. We all have the best of intentions, but we all have lives, too.” He added these are volunteer positions, there is an open board position, and the asset of Warren Management will ease some of the day-to-day burden of financial management and HOA administration. Also, the annual state legislative changes related to HOA governance has become a burden for volunteer boards. This is also where Warren can help.

The meeting adjoined at 7:50 p.m.

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David Fuety can be contacted at davidfutey@ocn.me.

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