Falcon cityhood faces flak

Two El Paso County landowners — one private, one public — are protesting their inclusion within the boundaries of the proposed town of Falcon.

El Paso County commissioners say the Falcon Incorporation Committee never talked to them about taking over county land, including roads and trails. Developer Greg Timm says he never gave permission for his 50 acres near Meridian and Woodmen to be inside the town.

Incorporation committee chairman Tom Cline says his group has followed Colorado law, even though they’re interpreting it on their own without an attorney.

“People in Falcon are very conservative with money,” Cline said of the group’s decision to go it alone.

The incorporation question goes before voters May 29.

County commissioners Monday voted 4-1 to file an objection to the town boundaries in District Court. The county owns more than 500 acres in the proposed town, assistant county attorney Cole Emmons said at Monday’s meeting.

“I have concerns about the need to protect the county’s property interests,” Emmons said.

Emmons plans to suggest the court postpone the election.

During the recent Black Forest incorporation process, advocates came to the county to hash out control of area roads. Falcon organizers never did that, said John Mc-Carty, head of the El Paso County Department of Transportation.

“I wanted to make sure that we were treating this Falcon incorporation process identical to what we’ve done in Black Forest,” McCarty said at Monday’s meeting.

State law says towns with more than 500 people seeking to incorporate don’t need county permission.

“There’s nothing that says they have to talk to us at all,” said Commissioner Douglas Bruce, who voted against intervening in the incorporation process.

Bruce has said many times he’s against incorporation.

State law also says property owners with 40 or more contiguous acres don’t have to be a part of the town. To be in the town they sign an “opt in” form; to remain outside the town, they do nothing, Tom Cline said.

“Opting in” is a point of contention for Timm, who owns about 50 acres near Meridian and Woodmen with Cygnet Land Development. Timm, who recently lost a race for Colorado Springs City Council, never signed an opt-in form and was upset to find his land inside the proposed Falcon boundaries, he said.

“They have violated the statute, which requires them to get our consent,” Timm said.

Cline said his group didn’t need consent from Timm because the land is separated into several parcels and no single parcel amounts to 40 acres. Timm’s attorney is protesting the decision in court, he said, and hopes to have a hearing soon.

Incorporation advocates say the town would be funded by a 1.6 percent sales tax. But they haven’t released a proposed town budget yet, saying the budget wouldn’t be drawn up until town officials are elected several months from now.

CONTACT THE WRITER: 636-0274 or jennifer.wilson@gazette.com

UPCOMING MEETINGS

Anti-incorporation: Falcon Area Residents Operating Under Truth 7 to 9 p.m. Thursday Falcon Fire Protection District Station 1, intersection of U.S. Highway 24 and Meridian Road www.nofalconco.org

Pro-incorporation: Falcon Incorporation Committee 10 a.m. to 6 p.m. May 20, Allstate Insurance, 9025 Chicago Ave. 9 a.m. to 1 p.m. May 22, Big R, 14155 E. U.S. Highway 24 2 to 7 p.m. May 24, Falcon Fire Protection District Station 1, intersection of U.S. Highway 24 and Meridian Road www.falconco.org