🧱 Brick Walls — A Legal Memo Worth Reading

A member of the Brick Wall Committee submitted a series of questions to the board's legal counsel ahead of this meeting. The responses were delivered in a formal legal memo, and the board agreed it should be made public. You can read it below.

The memo covers the legal and procedural process for obtaining easement agreements from homeowners, as well as a range of options the district may consider for raising funds. The options outlined, and the complexity involved in each deserve careful attention from homeowners.

On the engineering side, the board had previously directed a specialty engineering firm to do a few hours of preliminary work to scope out repair options. What came back was a $23,000 proposal for full construction drawings and construction administration — a significant jump from what was originally discussed. One board member expressed concern about the scope and cost, and the board has directed that additional bids be obtained.

A resident shared in public comment that an independent contractor and a brick wall expert have both reviewed the Brick Wall Study (download below) that the board and committee have been relying on, and had significant concerns about its findings, suggesting the walls may not be in the condition described. If you have expertise in construction, engineering, masonry, or related fields, we would genuinely love to hear from you. Submit your thoughts to [email protected].

It is worth noting that the Metro District still does not know who owns these walls, a survey has not been completed, and easement agreements would need to be signed by affected homeowners before any work can begin.

The next Brick Wall Committee meeting is Tuesday, July 7th at 2:00 PM. All residents are encouraged to attend virtually. The Zoom link will be posted on our social channels and sent to email subscribers as soon as we have it.

💰 TABOR, DeBrucing & What the State's Letter Actually Says

At last month's meeting, the board's attorney agreed to explain at this meeting what TABOR and DeBrucing are and how they impact our community. Rather than a verbal explanation, a written legal status report was included in the board packet — containing one paragraph of background and a ballot question from 1996. There was no discussion of what any of it means for homeowners.

Our Metro District is funded through our property taxes. Colorado has a law called TABOR — the Taxpayer's Bill of Rights — that limits how much tax revenue a local government can collect, keep, and increase. DeBrucing is a voter-approved process that creates exceptions to those limits. Whether our district has properly gone through that process affects how our tax dollars have been collected and retained, and what options exist for funding major projects like the brick walls.

At the May meeting, the district manager stated she had an email from the state confirming the district is DeBruced. That letter was shared at this meeting (below). It is from the Colorado Department of Local Affairs, and it confirms that voters approved a waiver of the 5.5% Statutory Property Tax Revenue Limit in the May 1996 election.

At the May meeting, the district manager stated she had an email from the state confirming the district is DeBruced. That letter was shared at this meeting (below). It is from the Colorado Department of Local Affairs and confirms that voters approved a waiver of the 5.5% Statutory Property Tax Revenue Limit in 1996 — a statutory cap that is separate from TABOR's own limits (see here). The letter also explicitly states that DOLA does not track or enforce TABOR status and recommends consulting with an attorney.

The attorney's legal status report (below) includes the actual 1996 ballot language, which does reference Article X Section 20 — TABOR itself — and this type of language is commonly used in DeBrucing elections across Colorado. However, the attorney describes it as "widely regarded as being the requisite De-Brucing language."

“Widely regarded” is not the same as confirmed so that is an important distinction. DOLA's own guidance states that each local government's TABOR status requires case-by-case legal review, and the district's former attorney held a different view.

This topic remains on the agenda for the July board meeting.

🌳 The 31 Trees — An Update

At a previous meeting, the landscaping team stated that 31 trees throughout the neighborhood were diseased and recommended their removal, warning that if left untreated they could infect other trees. The board approved that removal. At this month's meeting, we learned that most of those trees are actually fine — they appear to have been stressed by the drought rather than diseased. Only four to five trees that are truly dead are now planned for removal.

🌸 Flowers, Landscaping & A Possible New Direction

Due to Denver Water restrictions, the landscaping team has reached their water limit, and annual flowers simply require too much water to sustain this year. The board approved up to $30,000 to add mulch to bare areas throughout the neighborhood as a temporary measure.

The board has not been satisfied with the performance of the current landscaping contractor and brought in a new company for an interview at this meeting.  No decision has been made yet, but it's encouraging to see the board taking this seriously.

🔨 Willow Creek Trail & Pavilion Updates

The Willow Creek Trail fence and gate project is moving forward, with materials expected to arrive shortly and construction set to be completed before school starts. Pricing for lighting, electrical work (including security features like fob access), and decorative brick columns is still being finalized, so those will come later.

The Overlook Park Pavilion remains on track for an August 17th construction start.

📋 Board Packets Now Posted in Advance

Going forward, board packets will be posted on the Metro District website 24 hours before each meeting so homeowners will be able to review what the board is discussing before they vote on it. This is a meaningful step toward transparency, and we think it deserves to be recognized.

The best way to stay informed and make your voice heard is to attend the monthly Metro District Board Meeting - held on the second Friday of every month at 8:15 AM in the clubhouse and via Zoom. Public comments are welcome at both the beginning and end, and attending for even a few minutes makes a difference.

Make sure you are signed up to get these posts emailed directly to you so you don't miss a thing.

The next meeting is Friday, July 10th. We hope to see you there!

Thanks, friends!
— Jill, Katie & Faith