Attendance 

The regular meeting of the Board of Directors of the Triview Metropolitan District was called and held as shown above in accordance with the applicable statutes of the State of Colorado.  The following Directors, having confirmed their continued qualification to serve on the Board were in attendance:

Steve Stephenson 

Joe Martin 

Robert Eskridge 

Julie Glenn 

Joe Belzer 

Also present were Larry D. Bishop, Sr., District Manager, Triview Metropolitan District, Dale Hill, District Administrator, Triview Metropolitan District, Chuck Ritter, Nolte Engineering, Thomas Repp, Nolte Engineering, Pete Susemihl, Susemihl, McDermott and Cowan P.C., Virgil Sanchez, Monument Ridge, Vikki Seward, McDonald’s USA, LLC, David Moroney, Chase Bank, Craig Anderson, Monument Ridge, Rick Blevins, Jackson Creek Development, Jan and Richard Wolf, Kingswood Drive and Debra Wermuth, Kingswood Drive.

Call to Order 

Director Steve Stephenson noted that a quorum of the Board was present and that the Directors had confirmed their continuing qualification to serve, and therefore called the regular meeting of the Board of Directors of the Triview Metropolitan District to order at approximately 4:00 pm.

Notice and Posting 

Mr. Bishop stated that the meeting had been properly noticed and posted.

Introductions 

Introductions of those present were made. 

Presentation Concerning Impact Fees for Monument Ridge

Mr. Anderson passed out some handouts to those present. 

Mr. Anderson then gave a presentation on the road and bridge impact fees that the District had adopted in April 2007.  Mr. Anderson informed the Board that the road and bridge fees had increased from seventy-nine (79) to one hundred twenty (120) times from what they were.  He stated that he believes his development should either be grandfathered or at least only charged the fee for a shopping center rather than each of the businesses being charged individually since they really are pad site users and not stand alones.  Mr. Anderson then demonstrated a comparison of similar fees within the county and the City of Colorado Springs.

Mr. Stephenson stated that the District uses a consultant that is recognized nationally and we looked at these fees over a year ago and found that the old fees were woefully inadequate for what we have to do in the District.  Mr. Stephenson informed Mr. Anderson that every road that is in the District will be used to get to your development.  The definition that is used nationally and the methodology that is used nationally considers all the roads that we have that we are paying debt on, coming from my house to your retailer in Monument Ridge, those are the roads that are used to get to your retailer.

Mr. Stephenson then continued with; the good news is that when we looked at COI we took out the park impact fees because we thought that they were inappropriate because they are not applied nationally; on drainage we reduced those fees because we felt that the methodology was not sound in that area.  We committed to continually look at the impact fees associated with roads and bridges. Larry has been working with the consultant and is about 75 to 80 percent complete to bring something back to the board that includes your input and Miles Grant’s input and others that have come to us. We are re-looking at them and appreciate your inputs and they certainly will be considered. We, already, as an obligation to ourselves have initiated this process sometime back.

Mr. Anderson indicated his appreciation. 

Further discussion ensued. 

A question was raised concerning developer incentives. 

Mr. Bishop explained that when the incremental sales tax coming from a proposed commercial shows that it will be greater than the cost of the improvements then results in a net benefit to the District.  Then the District would consider some sort of rebate on that incremental sales tax, certainly not all of it and certainly not give back the entire impact fee, but I have not seen anyone come forward yet and demonstrate that the sales tax is actually going to exceed what it is going to cost to build the improvements and if we go to a different way of calculating these impact fees, I am not so sure that I would recommend to the Board that we would look at any further incentives.

Mr. Stephenson inquired as to the status of the Lutheran Church for water and wastewater service. 

Mr. Sanchez informed the Board that he has been talking to the Church and that they are working out the issue. 

Mrs. Glenn inquired as to why Monument was not included in the impact fee analysis.  Mr. Anderson stated that he did not think of it.

Discussion continued on the issue of impact fees. 

Ms. Vikki Seward asked to be put on the distribution list for notification of the revised impact fees.

Mr. Anderson, Mr. Sanchez, Ms. Seward, and Mr. Moroney left the meeting at this time. 

Residents of Kingswood Drive 

Mr. Bishop suggested to the Board that the residents from Kingswood be heard at this time rather than have them wait for the Public Comment portion of the agenda.  The Board agreed to the agenda change.

Mr. Wolf stated the concern of the Kingswood residents is the 400 foot rule in relation to the proposed sewer line in Kingswood Drive and wanted to know if they would be forced to hook up. 

Mr. Bishop informed the residents that they would not be forced to hook up and that in the very near future each resident would be receiving a letter from Classic Homes and Triview Metropolitan District that will clarify the situation.

Mr. Wolf then informed the Board that the County has stated as long as your system is working, we don’t care but if your septic goes down you have to come back and get a waiver and we want to see your waiver in writing before we will issue the permit. 

Our other concern is that other than the sewer line going down Kingswood and Baptist Road is that if you look at it you are surrounding us with all the other developments.  Mr. Wolf further stated that if someone someday wanted to tie into your sewer that they ought to have that option.

Mr. Bishop stated that the option would be available but the District would not be interested in including a single resident at a time. 

Mr. Wolf then raised the issue of water, if a well goes dry and you are not putting a water line down there, have you thought about putting a water line in with the sewer at the same time. 

Mr. Bishop stated that if you are on the Dawson that you are facing a real issue during your lifetime that the well may go dry.

Mr. Wolf stated that he would rather tap into a water line than haul it in by truck if a well goes dry. 

Mr. Stephenson stated that you would have to do something as community and right now there is no plan to include you or to provide service to you. 

Mr. Bishop volunteered to contact Mike McCarthy of the El Paso County Health Department with these issues. 

Mr. Wolf, Mrs. Wolf and Mrs. Wermuth left the meeting at this time. 

Approval of Minutes 

Upon motion duly made and seconded and carried unanimously the minutes of the Regular Board Meeting of July 25, 2007 were approved.

Presentation of Financials 

Mrs. Hill then presented the financials for June 2007 to the Board and stated that it is looking better.

Mrs. Hill informed the Board that the District had received three permits, two residential and one irrigation, in July and August, water user revenues for July and August are increasing. 

Mrs. Hill stated that our sales tax revenue is at about 58 percent. 

Upon motion duly made and seconded and carried unanimously the financials were accepted as presented. 

Approval of Bills, Invoices/Vouchers and Draw Requests 

Mrs. Hill informed the Board that the Mountain View bill was the only unusual bill for the month due to increased water production. 

Upon motion duly made and seconded and carried unanimously the payment of invoices and vouchers for July was approved.

Discussion of Ballot Question 

 A healthy and lengthy discussion on the Ballot question ensued with a history lesson of events concerning debt that had occurred in the past.  Mr. Stephenson stated that in the $41M that the manager has recommended to the Board,  almost half is in obtaining a renewable water source and the rest is phase III of the wastewater plant, water and sewer lines and parks and rec and landscaping through 2016. We have a good stream of revenues and we don’t need new taxes to cover the debt that we would issue and if our revenues are strong enough as we look at this incrementally, you may want to use cash, if we have it, and not issue debt for a project.

Approval of Resolution 07-07 Debt Authorization Election 

The Board took several minutes to review the resolution and after discussion, being certain that the intent of Triview Metropolitan District is not to raise taxes, and upon motion duly made, seconded and carried unanimously resolution 07-07 Debt Authorization Election was approved as appears in the record of these minutes.

Resolution Number 07-07

RESOLUTION OF THE BOARD OF DIRECTORS OF

TRIVIEW METROPOLITAN DISTRICT 

CONCERNING NOVEMBER 2007 DEBT AUTHORIZATION ELECTION 

        WHEREAS, Triview Metropolitan District ("District") is a validly existing special district created pursuant to Article 1, Title 32, C.R.S., and is authorized to provide street, traffic safety control, water, sewer, mosquito control, and park and recreation improvements and facilities, within and without the District; and

        WHEREAS, the District was formed in order to design, construct, maintain, and finance municipal improvements in order to serve the properties within its boundaries, which boundaries are also included in the Town of Monument;

        WHEREAS, the District has an obligation to finance public improvements and has done so by the issuance of debt instruments such as general obligation bonds;

        WHEREAS, there is public infrastructure needed, not only to serve residential properties, but also to complete the infrastructure necessary for the build-out of long-planned commercial property;

        WHEREAS, the completion and build-out of all public improvements is in the best interest of the taxpayers and residents of the District because this increases the sales and property tax revenues (without increasing individual and business taxes) which in turn enables the District to reduce and/or pay off its bond obligations sooner, and eliminate the mill levy on residential property for debt, and also enables the District to have adequate revenues for operations and maintenance of its public infrastructure;

        WHEREAS, in particular, the District resident taxpayers benefit greatly from the commercial development within District boundaries as a commercial property in Colorado pays far more in property taxes than does a comparable residential property of the same value and provide a convenient, quality set of services;

        WHEREAS, the District was formed in the early 1980’s and at the District formation election certain debt was authorized and it was felt at the time that this authorization would be sufficient to finance all District infrastructure; however, due to the passage of time, the increase in construction materials, and other cost increases due to inflation, the original debt authorization is insufficient to meet the above-stated purposes;

        WHEREAS, the District is in need of additional debt authorization in order to complete the municipal infrastructure for which the District was formed;

        WHEREAS, the District has scheduled an election on November 6, 2007 in order for the resident electors to vote on additional questions authorizing debt for water, wastewater, roads, and park and recreation improvements to include but not be limited to:

        Payment for District’s current contracted water supply, The Denver Basin Aquifer,

        Completion of District’s water treatment plants, wells and lines,

Completion of water re-use program for irrigation water to assist in conserving the Denver Basin water and renewable water, 

Purchase of renewable water source to conserve Denver Basin Aquifer water, 

Construction of roads and streets to complete District’s transportation plan, 

Acquisition, construction and equipping of planned District Parks, 

Planned phase III of the Wastewater Treatment Plant and construction of new sewer interceptors and related equipment, 

And Storm Water Management and Control to meet Federal, State and local requirements; 

        WHEREAS, by this request for debt authorization, the District does not intend to increase the District mill levy on any property in the District; and,

        WHEREAS, the adoption of this Resolution will serve a critical public purpose and will promote the health, safety, prosperity, security, and general welfare of the residents and taxpayers of the District.

        NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TRIVIEW METROPOLITAN DISTRICT (“DISTRICT BOARD”) AS FOLLOWS:

        The District, by and through its elected Board of Directors, hereby recommends approval of the debt authorization questions to be on the November 6, 2007 ballot and does hereby endorse and support the same.

        ADOPTED AND APPROVED THIS 28th DAY OF August 2007.

                                                TRIVIEW METROPOLITAN DISTRICT

                                        By:               

ATTEST: 

By:                                                       

Approval of Resolution 07-08 Ballot Question

The Board took several minutes to review the resolution and discussion followed and upon motion duly made, seconded and unanimously carried Resolution 07-08 Ballot Question was approved.

Mr. Blevins left the meeting at this time. 

Approval of Resolution 07-06 Fines for Water Conservation Violators 

 Mr. Bishop presented Resolution 07-06 to the Board and after discussion and upon motion duly made, seconded and carried unanimously; Resolution 07-06 was approved.                                                                          

Approval of Subdivision Improvements Agreement for Monument Ridge

Mr. Bishop presented the standard Subdivision Improvement Agreement for Monument Ridge and after discussion and upon motion duly made, seconded and carried unanimously the Subdivision Improvement Agreement for Monument Ridge was approved.

Pump Stats 

Mr. Bishop presented the pump stats with an added total depicting the water being used from the Phelan Water Purchase Agreement and that accountability was at 92%.

CIP/Annexation Status 

Mr. Bishop updated the Board on the changes to the CIP Status.

Sewer in Baptist Road 

Mr. Bishop informed the Board that the sewer is in, completed, up to about 100 feet up Kingswood Drive. 

MCI 

Mr. Ritter pointed out the fact that they are tying into our system and that indicates that they are pretty much done. 

New Water Tank/ Expansion of Treatment Plant B 

Mr. Bishop referred to the schedule in the Board Members’ packets. 

Mr. Repp then briefed the Board on the schedule to complete the expansion of Water Treatment Plant B and construction of the new water tank on Sanctuary Pointe.

The Board expressed concern on insuring that Treatment Plant B was operational by the irrigation season. 

Further discussion ensued on the expansion of Treatment Plant B. 

WWTF Expansion--Payments

Mr. Bishop informed the Board that Triview has gone back to CWPD&A to obtain additional funding for the additional costs to the Wastewater Treatment Facility Expansion.

Mr. Bishop informed the Board that the WWTF expansion budget is in the Board packets and that we can expect some revisions to the format for next month’s scheduled meeting. 

Mr. Bishop explained the process of payments to the contractor and requested from the Board on whether or not they desired to see the payments prior to sending the check to Donala.  The Board indicated that issuing the check prior to a Board meeting would be appropriate.

DMR 

Mr. Bishop presented the Discharge Monitoring Report for the month of July stating that the plant is doing very well and that there were no exceedances during the month.

Leather Chaps Opening 

Mr. Bishop updated the Board on the moving target date for opening of Leather Chaps Drive. 

Management of TMD #’s 2, 3 and 4 

Mr. Bishop informed the Board that we have a current IGA for management with TMD # 3 and that TMD # 4 has indicated that they will sign an IGA for management as well and that we are still working on TMD # 2.  The plan is right now that we will do it in house and that it would not make sense to contract it out.  It has always been Triview’s desire to manage these new Metro Districts and contracting out does not fit that plan.

There was further discussion on management of these new Metro District. 

SDA Conference--Proxy 

Mr. Bishop updated the Board on the upcoming SDA Conference and since he was not attending that a proxy had been granted to Mr. Roy Heald, Manager, Security Water and Sanitation Districts, for the purposes of voting on issues at the SDA Annual Board Meeting. 

The Meadows Sketch Plan 

Mr. Bishop presented to the Board the preliminary sketch plan for The Meadows, a planned development on the west side of the interstate highway.

Engineer’s Report 

Mr. Ritter updated the Board on the chemical test results on Well A-8 and that they were comparable to what we have on our other Aprahoe wells. 

Access to the site was discussed and Promontory Pointe is responsible for providing access. 

Attorney’s Report 

Mr. Susemihl had nothing further to report. 

Public Comment 

There was no further public comment. 

Other Business 

Mr. Bishop reminded the Board of the two upcoming Special Meetings, September 10, 2007, at 5:00 p.m., at the Town Hall, a joint dinner and work session with the Town of Monument Board of Trustees and September 15, 2007, at 10:00 a.m., meet at the trail head at the intersection of Old Denver Highway and Baptist Road to take a tour of the Wastewater Treatment Facility.

Executive Session 

Upon motion duly made, seconded and unanimously carried the Board adjourned into Executive Session under § 24-6-402 (4)(e) C.R.S. “Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators” and §24-6-402(4)(f) C.R.S. “Personnel matters except if the employee who is the subject of the executive session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees must request an open meeting.”

Re-convene in Public Session 

After determining that no action was taken in Executive Session and upon motion duly made, seconded and carried unanimously the Board re-convened into public session. 

District Manager’s Evaluation 

Upon motion duly made, seconded and carried unanimously a salary increase of seven (7%) percent was approved for Mr. Bishop. 

Adjournment 

There being no further business to come before the Board and upon motion duly made, seconded and unanimously carried the meeting was adjourned at approximately 8:00 p.m.

Larry D. Bishop, Sr. 

Manager