New growth rule doesn’t help Dos Sueños residents

One of the central questions in Tuesday’s Las Cruces municipal election is whether the city’s growth is out of control. This article is the first in a two-part series that explores that question. Today’s article looks at growth in a new area, while Thursday’s article will consider infrastructure needs in older neighborhoods.

By Vicki Nisbett

People who moved into homes in an East Mesa subdivision as long as 18 months ago are still waiting for the completion of drainage systems and landscaping and are experiencing problems with weed control and trash accumulation.

Residents of Dos Sueños, which is located north of U.S. Highway 70 on both sides of Jornada Road, have phoned numerous times and met with officials from the city and Logos Development, the Philip Philippou-owned corporation that built the subdivision, but many of their concerns haven’t been resolved. The developer says its outstanding projects in the subdivision should be complete in the next few weeks.

Whether Las Cruces’ growth is out of control is a key issue in Tuesday’s municipal election. The problems in Dos Sueños may be a sign of the city’s growing pains, but a new requirement shows that the city has since made strides to ensure full infrastructure is in place before residents move in to new developments.

City officials say the developer needs to finish the infrastructure in Dos Sueños, and it must receive engineer approval, before they can take hold of the subdivision. That policy is common throughout the United States, City Manager Terrence Moore said. The city does not accept infrastructure until the proper conditions have been met.

“The developer is responsible,” he said.

Kirk Clifton, development administrator for Logos, said most of the work should be completed in four to six weeks. That includes construction of a 20- to 40-foot-wide concrete drainage ditch the city required on the north side of the subdivision.

“There’s been continuous work out there, although it might be slow,” Clifton said. “We just want to get done and out of there as quickly as everyone wants us to.”

Dos Sueños is located in City Council District 5, which is represented by Gil Jones.

“I’ve asked our public works department to keep abreast on that project,” Jones said. “They’ve made a lot of headway. If the developer has any sense, he’ll get that done as quickly as he can because all of the utility bills (for the development, not individual homes), including the light bill, are on his nickel until he gets finished. ”

Fewer issues in newer subdivisions

Moore said the city learned “a great deal” from the situation in Dos Sueños. The city implemented a new requirement in January that ensures far more infrastructure is in place before homes are built in new subdivisions. Assistant City Manager Robert Garza said new developments must reach substantial completion, which includes the finishing of all roads, utilities and drainage systems, before homes can be built.

Mike Johnson, city public works director, said one mile of a 37-foot-wide residential street costs about $2 million. Sixty percent of that is for storm drainage, water and gas.

Moore is the one who initiated the change in development requirements.

“I’m really proud of that,” he said.

Moore said there are no other subdivisions at this time with as many problems as Dos Sueños. The Sonoma Ranch area had some problems, but they have been resolved. Garza said in that development some roads were not originally completed to the point that the fire department could adequately assist residents.

Dos Sueños residents are frustrated

But the new requirement doesn’t help Dos Sueños resident Karen Gunther, who said it should have been applied retroactively. Moore said that would be illegal. Gunther said she doesn’t understand why the city continues to annex Philippou land when the developer hasn’t yet completed work on her subdivision.

Dos Sueños resident Steve Kelly moved 14 months ago into a neighborhood that had no street lights and, during heavy rainstorms, water flowing into resident’s yards. Kelly said there were numerous car burglaries before January, when the final street lights were installed.

“I had my car broken into once, and my neighbor next door had his car broken into twice,” Kelly said.

Dave Arrey, another resident of Dos Sueños, made numerous calls to the city and developer after he almost ran over someone with his car on a dark street in the subdivision. The lights have since been installed but Arrey said, in the future, he wouldn’t move into a new development before infrastructure is complete.

Clifton said he wasn’t certain about why the lights weren’t installed before residents moved in. Street lights, which include the pipe and a cement foundation, cost about $2,500 each and are required to be placed every 250 feet, Johnson said.

Work is ongoing

Sale of residential lots in the subdivision began in January 2005. The final plat had previously been approved and annexed by the city council.

Almost two years after the first lots were sold, the city provided on Tuesday a long list of items that Logos still needs to complete in addition to the drainage ditch, including cleaning of dirt and debris, installation of roadway markings, median grading, major water ponding and repair of several cracked curbs.

Completion of such infrastructure, even under the old requirements that apply to Dos Sueños, must happen before the city takes over maintenance. Moore said completion is usually done in phases.

Even upset residents say work is being done by Logos to complete outstanding issues, but they’re frustrated that it’s taking so long. Some streets have cement drainage funnel systems that were introduced by Logos after numerous complaints, but Kelly said the systems do not completely take care of the problem. The north-side drainage ditch isn’t complete.

Water flows from the Organ Mountains under Highway 70 into Dos Sueños. The city acquired land from the state in 2006 to construct a 125-acre retention pond for drainage issues not only in Dos Sueños but throughout the East Mesa. The pond will help manage flooding and drainage issues in the area, Moore said. The cost of the pond is estimated at $7.3 million.

However, the retention pond’s completion is dependent upon agreements with other developers, and won’t likely happen for several years, so Logos decided to go ahead with the drainage ditch at Dos Sueños.

“(The retention pond) was taking so long, we just completed the ditch as originally planned,” Clifton said.

In the meantime

In the meantime, residents say there are still problems. Beer bottles have been thrown into medians that aren’t landscaped, Kelly said. Some of his neighbors’ yards have been flooded and their landscaping washed away during rainstorms.

On one occasion after a rain, Kelly said he and some neighbors called the city and developer numerous times to clean up the mud and debris on the streets. Logos eventually came out, he said, to sweep it into piles next to residents’ rock walls. Clifton said it is difficult to find a street sweeper, but Logos has found one contractor whose sweeping machine only works “half the time.”

The developer is not responsible for landscaping its subdivisions, Clifton said. Brian Denmark, city facilities director, said there is no city funding for landscaping the subdivision; however, there is a pilot project to provide temporary irrigation to sustain native plants. There are also programs that donate trees, and Denmark said he is looking into obtaining trees for Dos Sueños.

Adjacent to some corner lots, there are semi-circular rock planters that are full of weeds. Kelly said he and two of his neighbors recently shared the $200 cost to buy plants, landscape paper and rocks for one of the corner planters.

Near some houses weeds are more than 5 feet tall. Clifton said Logos does send crews to Dos Sueños to try to control the weeds.

Meanwhile, “We’re paying city taxes,” Kelly said about the overall problems in the development. “The city and the developer keep pointing fingers at each other and nothing gets done.”

Meeting with residents

Moore said city officials and representatives from Logos met with residents on Sept. 7. Since that time, the city has made specific requests and offered direction to the developer to expedite some of the improvements that need to be completed as part of the development’s final approval.

Moore suggested at the meeting that residents who have specific, immediate concerns directly contact the developer. He said he thinks the process is moving along fairly well and wants the residents’ individual issues to be resolved, and said the developer has already responded to some draining and lighting issues.

Kay said letters sent from Logos to some residents three weeks after the meeting did address some individual concerns, but others are outstanding. Clifton said representatives from Logos plan to meet with residents again on Nov. 13, and the development should be complete soon thereafter.

Nisbett is a reporting intern for Heath Haussamen on New Mexico Politics.

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