Timberline Special Improvement District

Timberline Special Improvement District and Masonry Wall Project

History Summary

In 1994, a petition to create a Special Improvement District (SID) for the Timberline Orchard neighborhood was received by Greenwood Village. The purpose of the SID was to construct a seven (7) foot noise attenuating wall of single-width brick masonry with brick columns along the Dayton Street frontage for the Timberline and Orchard subdivisions. A wood fence with brick columns existed at the time. After determination the petition was in compliance with City Code and State Statutes, Resolution #24-1994 was adopted declaring the intent to create the SID. Through the Public Hearing process, Ordinance #11-1994 was passed in July 1994 creating the SID for the erection of a private seven-foot masonry wall with brick columns at an estimated cost of $113,217.50 and included 81 properties in the Timberline Heights and Orchard at Cherry Creek subdivisions.

Construction bids were received by Greenwood Village and the low bid ($149,980.00) was in excess of the estimated cost for the masonry wall. A new ordinance was passed (Ordinance #28-1994) that amended Ordinance #11-1994 to 1) reflect a majority of property owners signed the petition verses 100%; and 2) remove the requirement for the neighborhood to “front” costs above the estimate prior to award of a contract and to include additional in the assessments. With the passage of Ordinance #28-1994, the project was awarded to Toby Construction in October 1994.

At the SID’s request as a cost-saving measure, the existing columns were kept, and stamped engineering plans were submitted to the City reflecting this. Toward the end of construction, the contractor defaulted on the contract and the bonding company became responsible for completion, which occurred in 1995. City staff managed the project and provided field observations.

Later in 1995, Greenwood Village passed Ordinance #41-1995 which codified a program for the construction, financing and maintenance of noise attenuating structures.

Ordinance #39-1997 was passed for levying assessment for the Timberline SID. Due to the creation of the SID and City participation in the construction and maintenance of noise structures through Ordinance #41-1995, neighborhood representatives of the SID requested the City to consider their project in that program. As part of the City’s consideration, an engineering firm (Atkinson-Noland) was retained to evaluate the construction of the wall to see that it met with the standards adopted by Ordinance #41-1995. A report was provided to the City indicating areas of concern with the pre-existing columns and the connection of the wall panels to the pre-existing columns. After discussions with neighborhood representatives, City Council considered and approved the request in October 1999 to qualify for City participation with the wall remaining private. Ordinance #46-1999 was passed reducing the assessment of the SID from $1,739.37 per parcel to $500.76 per parcel. The reduced assessment included the City making minor repairs to the private wall in an amount not to exceed $15,000.

The minor repairs consisted of fixing (3) existing columns showing signs of cracking and other maintenance items. The work started in late 2000 and was completed in 2003 by USA Masonry through a contract with the City.

As far as the City knows, no maintenance has been done on the wall since 2003. Due to current condition of the wall, the City initiated a neighborhood meeting on October 22, 2018, to discuss the history and next steps. A field survey has been completed to verify the location of the wall on private property and a structural engineer has provided additional information on the conceptual repairs and costs. Please note that this information is based on a review of the wall condition from the street side and did not include inspection on the private property side.

The City will be scheduling another meeting with the neighborhood to share information on needed repairs, costs estimates, and ongoing maintenance responsibilities.

Timberline Special Improvement District and Masonry Wall Project

History Summary

In 1994, a petition to create a Special Improvement District (SID) for the Timberline Orchard neighborhood was received by Greenwood Village. The purpose of the SID was to construct a seven (7) foot noise attenuating wall of single-width brick masonry with brick columns along the Dayton Street frontage for the Timberline and Orchard subdivisions. A wood fence with brick columns existed at the time. After determination the petition was in compliance with City Code and State Statutes, Resolution #24-1994 was adopted declaring the intent to create the SID. Through the Public Hearing process, Ordinance #11-1994 was passed in July 1994 creating the SID for the erection of a private seven-foot masonry wall with brick columns at an estimated cost of $113,217.50 and included 81 properties in the Timberline Heights and Orchard at Cherry Creek subdivisions.

Construction bids were received by Greenwood Village and the low bid ($149,980.00) was in excess of the estimated cost for the masonry wall. A new ordinance was passed (Ordinance #28-1994) that amended Ordinance #11-1994 to 1) reflect a majority of property owners signed the petition verses 100%; and 2) remove the requirement for the neighborhood to “front” costs above the estimate prior to award of a contract and to include additional in the assessments. With the passage of Ordinance #28-1994, the project was awarded to Toby Construction in October 1994.

At the SID’s request as a cost-saving measure, the existing columns were kept, and stamped engineering plans were submitted to the City reflecting this. Toward the end of construction, the contractor defaulted on the contract and the bonding company became responsible for completion, which occurred in 1995. City staff managed the project and provided field observations.

Later in 1995, Greenwood Village passed Ordinance #41-1995 which codified a program for the construction, financing and maintenance of noise attenuating structures.

Ordinance #39-1997 was passed for levying assessment for the Timberline SID. Due to the creation of the SID and City participation in the construction and maintenance of noise structures through Ordinance #41-1995, neighborhood representatives of the SID requested the City to consider their project in that program. As part of the City’s consideration, an engineering firm (Atkinson-Noland) was retained to evaluate the construction of the wall to see that it met with the standards adopted by Ordinance #41-1995. A report was provided to the City indicating areas of concern with the pre-existing columns and the connection of the wall panels to the pre-existing columns. After discussions with neighborhood representatives, City Council considered and approved the request in October 1999 to qualify for City participation with the wall remaining private. Ordinance #46-1999 was passed reducing the assessment of the SID from $1,739.37 per parcel to $500.76 per parcel. The reduced assessment included the City making minor repairs to the private wall in an amount not to exceed $15,000.

The minor repairs consisted of fixing (3) existing columns showing signs of cracking and other maintenance items. The work started in late 2000 and was completed in 2003 by USA Masonry through a contract with the City.

As far as the City knows, no maintenance has been done on the wall since 2003. Due to current condition of the wall, the City initiated a neighborhood meeting on October 22, 2018, to discuss the history and next steps. A field survey has been completed to verify the location of the wall on private property and a structural engineer has provided additional information on the conceptual repairs and costs. Please note that this information is based on a review of the wall condition from the street side and did not include inspection on the private property side.

The City will be scheduling another meeting with the neighborhood to share information on needed repairs, costs estimates, and ongoing maintenance responsibilities.

Do you have a question about the Timberline Special Improvement District.  Please let us know and we will provide a response right here.  

Ask Us!

  • Is there an update on the status of this matter?

    mejonesco asked 6 months ago

    City Council considered the City's potential role in privately owned noise walls at the September 16, 2019 Study Session.  While understanding that there may be specific situations with a private noise wall, City Council directed staff to develop a resolution for the City to facilitate the maintenance of privately owned noise walls which could include the creation of a General Improvement District for the private properties.  The resolution is scheduled to be considered by City Council at the October 28, 2019 Regular Meeting.

  • The 9/5/19 email that GV staff sent to those of us in this group was to let us know about the 9/16/19 study session about "private wall" issues within GV. The email mentioned maintenance/repairs of approximately $228,000. This figure isn't just for the Orchard-Timberline wall is it? That wouldn't seem right based on the 9/9/18 Atkinson-Noland repair estimate of $26,000 (probably to be doubled ultimately - to maybe $52,000? - to cover repairs not visible from their inspection from the public side). Thank you for any clarification.

    DebraHodgson asked 7 months ago

    Staff met with two separate contractors to have them review the wall, proposed repairs, and develop a cost magnitude, based on their observations.  This amount is based on information from the contractors.  A final amount will not be known until final design and scope is completed and official bids received.  The $228,000 estimate assumes replacing all 32 major columns.  This could be reduced based on further structural analysis. 


  • Is there an update on this matter?

    mejonesco asked 12 months ago

    Staff is in contact with contractors to obtain cost estimates for repairs and maintenance items.  We hope to have this information by the end of April.  

  • The plat for Timberline Heights reflects a 12’ sidewalk, planting, screening and utility easement over the lots along Dayton. The plat contains language “dedicat[ing] to the public for the purposes shown” on the plat. The FAQs state there is no easement for the wall. Was this easement considered in answering this question? Also, can the survey be revised to reflect this 12’ easement reserved in the plat?

    mejonesco asked over 1 year ago

    The plat was considered in the response regarding easements between the city and homeowners.  Neither the plat nor the city's records show any such easements.  Easements have been located from 1985 between property owners and the Timberline-The Orchard Homeowners Association for "the noise attenuating and safety partition," however.  Copies of these easements have been placed in the document library.  As for the survey, it was intended to show the location of the existing wall in relation to property lines/right-of-way line.  The survey shows that the wall was constructed on private property which explains why the HOA acquired easements. 

  • Regarding the question "Is there an easement for the wall?" the current posted response "In review of the plats for Timberline Heights and Orchard at Cherry Creek, a wall easement has not been identified. Copies of the plats can be found in the document library under Plats/Survey" is incomplete and does not include the most contemporaneous public records on this issue. The plats referenced are dated 5/21/74 and 2/6/78. Review of Arapahoe Count public records shows that easements for Timberline and Orchard properties along Dayton Street were recorded on 1/8/86 as shown below: R2619507 4643 9 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR HILL JAMES R 01/08/1986 CLARK COLONY SEC 15-5-67 LOT 20 R2619508 4643 11 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR BARBER OSBORNE J + 01/08/1986 CLARK COLONY SEC 15-5-67 LOT 20 R2619509 4643 13 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR GAYNOR LAURENCE F MD 01/08/1986 CLARK COLONY SEC 15-5-67 LOT 20 R2619510 4643 15 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR HACKLEMAN RONALD PAUL + 01/08/1986 CLARK COLONY SEC 15-5-67 LOT 20 R2619511 4643 17 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR ANGELLO ANTHONY L + 01/08/1986 THE ORCHARD AT CHERRY CREEK 1ST FLG LOT 29 R2619512 4643 19 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR WOLFRAM H E + 01/08/1986 THE ORCHARD AT CHERRY CREEK 1ST FLG LOT 29 R2619513 4643 21 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR ABRAMSON ROBERT S + 01/08/1986 THE ORCHARD AT CHERRY CREEK 1ST FLG LOT 29 R2619514 4643 23 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR FIERST BRUCE P 01/08/1986 THE ORCHARD AT CHERRY CREEK 1ST FLG LOT 29 R2619515 4643 25 EASEMENT DEED GE TIMBERLINE-THE ORCHARD HOMEOWN GR POLLAK MICHAEL R + 01/08/1986 THE ORCHARD AT CHERRY CREEK 1ST FLG LOT 29 I therefore request that the City review these documents, post them in the document library, and incorporate the easements created by them into the answer to this question. Tom Campbell

    Campbelt asked over 1 year ago

    The information on the easements are now updated to reflect that recorded easements were located and are placed in the document library.  These easements were between property owners and Timberline-The Orchard Homeowners association in 1985.

  • can you post the information on the current studies?

    wfsievers asked over 1 year ago

    Please refer to the Document Library where you can access the current studies.