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OCN > 2411 > Triview Metropolitan District, Oct. 24 – Bond pursued for road widening project

Triview Metropolitan District, Oct. 24 – Bond pursued for road widening project

By Natalie Barszcz

At the Triview Metropolitan District (TMD) meeting on Oct. 23, the board approved an engagement letter for the issuance of a General Obligation Bond Series for 2025 and a resolution to implement inclusion policies and fees. The board heard about operations staff responding to repair a water main break in Forest Lakes Metropolitan District (FLMD), tracking of the district’s well levels, and the steps taken to reach full automation of the Northern Delivery System (NDS) pump station.

The board held an executive session pursuant to Colorado Revised Statutes 24-6-402(4)(a), for the purpose of acquisition of water/land, and 24-6-402(4)(e), to determine positions relative to matters that may be subject to negotiations, developing strategies for negotiations, and instructing negotiators as it relates to claims and possible legal settlements.

Director Jason Gross attended the regular meeting until 6:10 p.m. and returned during the executive session at 7:55 p.m.

District pursues bond for road widening project

District Manager James McGrady said the district has been discussing the need for widening Higby Road for some time, spending time designing the project, and sought an original bid two or three years ago for $6 million. About three weeks ago, the bid was $12.6 million, and McGrady said:

  • The cost has been growing exponentially, and the district has had various agreements with the developer to fund the road, with the district planning to use road and bridge fees for the district’s portion of the project.
  • The problem is obtaining enough revenue from building permits and growth to fund the road.
  • The area is a “tricky spot” on the corner of Higby Road and Jackson Creek Parkway, with a lot of commercial to the south, and existing development to the north. The residential growth in Jackson Creek North (JCN) is typically only about 50-75 homes per year.
  • The district needs to pay for the road widening project, and eventually JCN will generate enough growth to pay back the cost to the district.
  • Issuing a bond will “jump start” the project instead of waiting for enough development to occur, avoiding a possible $15 million to $16 million project in the future, in an area that is an increasing safety issue.

McGrady recommended the board consider an engagement letter for General Fund Bonds to be issued with a low interest rate. The district has a 7 mills Operations & Management mill levy and the debt service fits well within the 7 mills. The project would be financed with about 4.5 mills out of the 7 mills. The district will be required to seek a vote from the residents in May 2025, asking to redirect the revenue without raising taxes, he said.

Nate Eckloff, managing director of Piper Sandler & Co., said a bond question would be structured for the May 2025 ballot for the primary purpose of widening Higby Road.

The board approved the engagement letter for the General Obligation Bond, Series 2025 for about $12 million, between Piper Sandler and TMD. Gross was absent for the vote.

Inclusion policies and fees adopted

Water attorney Chris Cummins said in the past the Family of Christ Church, Baptist Road had petitioned to be included into the district, but other residential and commercial property owners could petition to be included. The addition was ad hoc due to the lack of a resolution. He requested the board consider and approve Resolution 2024-11 to establish inclusion policies and fees.

The petitioner would be responsible for all of the district’s attorney fees, engineering costs, and staff time associated with the consideration and inclusion of the property. Each petition for inclusion of property must be accompanied by a non-refundable payment of $5,000 to defray the costs. If the Board of Directors or the district manager determines the amount is insufficient to cover the district’s anticipated fees and costs, the petitioner would be required to pay additional inclusion fees before any further consideration of the petition could take place.

The board approved the resolution, 4-0. Gross was absent for the vote.

NDS running effectively

McGrady said the district has operated the NDS pump station at 100% since Sept. 11, pumping district water via Colorado Springs Utilities (CSU) about once a week, and the process is working well. The 19th payment of $55,506 to Kiewit was made, and the final payment will be some retainage for the pump station, said McGrady.

Assistant Manager Steve Sheffield said work continued on completing the NDS pump station to include the instrumentation, controls, and operational optimization, and that should make the operation of the pump station fully automated.

Water Utilities Superintendent Gary Potter said the NDS provided about 79% of the water produced in September, with only 21% from the wells. The groundwater wells and treatment filters will be run minimally on a rotating basis to ensure the district can utilize the wells when needed, said Potter.

Water rights decreed

McGrady said the Bale Ditch change case was decreed on Oct. 8, and all of the district’s water rights are decreed with the exception of the Excelsior Ditch water rights. A meeting with the experts indicates a clear path forward to decree the last of the water rights, he said.

Note: The district purchased water rights with multiple entities over a period of time for the purpose of delivering water to the district via the NDS. A decreed water right is the legal claim to the water that is secured by a water court decree. Legal documents define the amount, priority, location, and use of the water rights.

Recharge ponds under construction

McGrady said the construction of the recharge ponds on the Chicago Springs Ranch property in Buena Vista for the Arkansas Valley Irrigation Canal began on Oct. 23. The ponds allow water to be returned back to the system for the Historic Consumptive Use (HCU) and the Historic Return Flows (HRF), he said.

Note: The HCU is a measure of the actual beneficial use of a water right over a period of time. The HRF is the portion of unused water, captured to be returned downstream for other users.

District tracks well levels

Potter provided the board with historical well level data for the district’s Arapahoe Aquifer wells 7 and 8, and said:

  • The groundwater wells show a decrease in dynamic or pumping level over the past decade.
  • Most of the wells show a decrease in static or recharge level over the past decade.
  • The recharge rate of the wells will be closely tracked now that the district is minimally operating the wells.

It is hard to determine what the long-term static levels will be, but it is timely that the NDS is delivering the district’s water, said Potter.

Treasurer/Secretary James Barnhart said he was curious to see if the wells recover with less usage.

Potter said a graph shows a 10-year cycle using some historical handwritten records with limited data. The records are a good depiction, but they do not say how long the wells were run and how much water was pumped. The district has been monitoring for two months, but eventually monitoring might reveal if the wells can recover, he said.

Water utilities update

Potter said the district produced about 47.593 million gallons (MG) of water in Sept. 2024, with 43.864 MG billed to customers. Unbilled water represents a 6.25% loss for September 2024; it was 9.7% in September 2023. The district is still working on lowering the loss, said Potter.

McGrady said the district has about 20 Badger meters to install in residential homes, and next year the district will make a concerted effort to install new meters in the commercial properties and the inground irrigation meters. The new meters will help the district pin down the water loss to a minimum, a task that is critical now that CSU conveys, treats, and delivers the district’s water via the NDS, he said.

Financial update

The board unanimously approved the September 2024 financial report and 30 checks over $5,000 totaling about $1.713 million. Of note was the payment of $314,234 to CSU for the district’s residential and commercial water for the first month (includes additional startup costs).

The board accepted the financial report, 4-0.

District responds to water main break

Potter said the operations staff responded to a large water main break on Forest Lakes Drive on Oct. 2. Staff managed the emergency with an outstanding team effort, got the break under control and kept the plant running in a limp mode to provide everyone with water except for three Forest Lakes Metropolitan District customers he said. The contractor was able to get the plant up and running quickly, he said.

Higby Road repaired

McGrady said the district repaired the wavy patch on Higby Road that occurred after the installation of the 12-inch pipeline. It drives smoothly now, he said.

Executive session

The board moved into an executive session at 7:28 p.m., pursuant to Colorado Revised Statutes section 24-6-402(4)(a), for the purpose of acquisition of water/land, and 24-6-402(4)(e), for the purpose of determining the positions relative to matters that may be subject to negotiations, developing strategies for negotiations, and instructing negotiators as it relates to claims and possible legal settlements.

Sheffield confirmed to this reporter that after the meeting returned to the regular session at 9:06 p.m., no action was taken.

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Meetings are usually held on the third Thursday of the month at the district office at 16055 Old Forest Point, Suite 302. The next regular board meeting is scheduled for Nov. 21 at 5:30 p.m. For meeting agendas, minutes, and updates, visit https://triviewmetro.com.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

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