Red Feather Lake Planning Advisory Committee
Minutes: November 08, 2007
The meeting was called to order by Chairperson Eunice Michalka at 1:31PM.
Members in Attendance: Ted Carter, Dennis Frydendall, Gene Allen, Gordon (Bud) Thomas, Roger Svendsen, Michael Sledge, Susan Bradley, Gene Barker.
Members excused: Ross Reid, Terry Ferrebee
County Government: Jill Bennett (LarCo Planning Dept.), Mark Peterson (LarCo Engineer.)
Citizens: Pat Bradley, Bill Finlay
Adoption of Agenda: The agenda that was distributed was adopted.
Approval of Minutes: The minutes from the October 11, 2007 minutes were approved as submitted with a comment from member Ted Carter about the use of acronyms for member names. In addition the Secretary was asked to keep track of the vote count/s for the record.
Communication Items: Jill stated the the Larimer County Planning Commission had approved the Rezoning Plan for Red Feather Lakes. The Board of County Commissioners is scheduled to vote on the plan on November 19, 2007.
Committee Member Communication Items: None
Audience Comments: None
Action Items: None Scheduled
Discussion Items: Jill Bennett gave a short update on the previous meeting with regard to the discussion on roads, rights-of-way (ROW), and property line issues. In order to accomplish the tasks discussed the PAC would need the assistance of the County Engineering Dept. and the County Attorney. The use of students to accomplish some of the surveying and engineering tasks was discussed.
Member Dennis Freydendall asked if it was possible to get the roads platted where they exist now. The County’s response to this is that any request of this nature would have to come from the PAC.
Member Michael Sledge suggested to plat the 5 main artery roads where they exist at this time, then we can begin the work on deciding where property lines are.
Member Ted Carter suggested that the road right-of-way issues must be solved before work on the property line issues could be started.
Member Dennis Frydendall stated that it is his opinion that the County must be involved in solving these issues.
Mark Peterson stated that a meeting between Russ Legg, Jill Bennett and the County Attorney came to the conclusion that the road issue is a huge issue and would need ALL of the property owners that bordered a road to agree to whatever ROW is developed and that it would nly take one property owner to squash the whole deal.
Member Dennis Frydendall questioned what changed the history of the idea of “Publi” vs. “Private” roads. Jill responded that when a road district is formed that the roads within the district automatically become “Public” roads.
Jill stated there are two possibilities under which roads may declared as public ROW’s.
1. Property owners along the ROW would have to approve the formation of a ‘road district’
2. A Legal Court Process in which all evidence concerning the history of a road’s usage would be introduced in court and then a judge would make a determination. This process would require that the property owners would be responsible for the cost.
Member Gene Barker commented on the process that would be required to form a road district.
Member Gene Allen pointed out that any issues dealing with “adverse possession” would require legal action to resolve.
Member Susan Bradley pointed out that any discussion at this point is hypothetical and that the PAC needed to focus on what can be accomplished.
Member Ted Carter commented the issue of whether the formation of a district would solve all the questions that have been or would be raised. He also questioned how boundaries of a districtwould be set and how the County would handle all the steps needed to set up a special improvement district.
Chairperson Eunice Michalka stated the the is a move within the Hiawatha road district to dissolve.
Member Ted Carter stated his position that there is a need to begin the process, possibility facilitated by the County, in order to get a “real” process started.
Members Gene Allen and Bud Thomas both posed questions about establishing road ROW’s. Gene pointed out that it is a “unique” process and that the establishment of a ‘Public Improvement District’ ((PID) may be one mechanism to accomplish the task at hand.
Member Dennis Frydendall pointed out the importance of establishing the road ROW’s so that a plan can be established to protect the water in the area. He pointed out the difficulty of protecting water that is classified as “Recreational Use.”
Mark Peterson explained how a PID would be formed and what ti could accomplish.
The following points and a ‘to do’ list were developed:
• A plan to explain why road ROW’s and legal status need to be established.
• Possible placement of utility easemants
• Establish legal status
• Possibly create a single area road district and explain how to do it.
• Create a public water/sewer district.
The following ‘Long Term Goals’ were developed:
• Protect present water rights
• Create a public water/sewer district.
• Improve condition of area roads.
• Develop a traffic control plan on area roads.
• Establish where roads are, thus aiding in the establishment of property boundaries (This may solve some individual property owner issues but also raise other issues).
• Learn what the EPA rules are with respect to ‘Road Dust’.
Member Susan Bradley asked whether the PAC would be telling people that in order to solve these issues that the PAC may have to tell property owners that they will have to pay for the improvements.
Member Roger Svendsen stated his position that “Preserving the Red Feather Water Right” is a long term goal.
Member Dennis Frydendall stated that in order to preserve the present water right that the water would have to be designated as “Domestic Use.”
There was an extended discussion about how to ‘sell’ the issue of roads and water to the community as a whole.
Member Michael Sledge suggested selling the road issue before atempting to seel the water issue.
Member Dennis Frydendall had a question about establishing a PID vs. Incorporation.
Member Gene Allen pointed out that roads and water were the top two issues in the community wide survey.
Chairperson Eunice Michalka asked how a private water district would become a public water district. There was no answer to this question.
Agenda Items For Next Meeting: A motion to cancel the December meeting was approved 8-2.
The following items will be place on the agenda:
Formation of a PID, Metro-District, Incorporation, Develop a pathway to communicate to the community, election of officers for 2008.
Bill Gilbert, Secretary