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HomeMy WebLinkAboutTRAILHEAD - PDP - 43-02A - CORRESPONDENCE - PRIVATE ENTITIES (3)TIMOTHY J. DOW, MBA, JD PATRICIA T. DOW, CPA, JD, LLM* MAYO SOMMERMEYER, PC** OF COUNSEL • ALSO ADWTIED TO PRACTICE IAW INNEBRASR ••ALSO ADSBTTED TO PRACTICE IAW W WYONUNG Craig Foreman Park Planning & Development City of Fort Collins 281 N. College Avenue Fort Collins, CO 80521 THE Dow LAw FIRM, LLC ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 1578 FORT COLLINS, COLORADO 80522-1578 (970)498-9900 FAX: (970) 498-9966 E-MAIL: dow©dowlawfirm.com January 13, 2004 Re: Larimer & Weld Irrigation Company / Eaton Ditch Dear Craig: N 7 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE FORT COLLINS, COLORADO 80524 2312 CAREY AVENUE CHEYENNE, WYOMING 82001 (307) 634-1541 From time to time as we become involved in looking at land use planning, the issue arises as concerning the use of the banks of our ditches and the access roads thereon for bike trails or other recreational purposes. I would readily concede that these ditch banks are incredibly inviting. Every few years, I hear rumors that the City would like to put together a trail system using our ditch banks through town and out to the interstate. Therefore, we need to be reminded that the use of these ditch banks for recreational uses is not compatible with our needs to maintain and operate the ditch. During the irrigation season, we have a ditch rider driving the ditch in a truck probably once a day. The neighborhood mom out strolling with her children is not going to be happy with this and you know who she's going to call. There has been a suggestion that maybe these trails should be paved because people don't like to jog or ride bikes on dirt or in the mud. Again, that's probably a great idea until you realize that we will be operating heavy equipment up and down those bikeways. Very periodically we are on those access easements with dump trucks, back hoes and occasionally a crawler drag line. _ The steel -track drag line really destroys a couple of inches of asphalt! Sometimes we even need to pile the dirt that we dig out of the ditches on the edge of the ditch bank for a while, which can totally block access. Thank you for reviewing this situation and keeping these facts in mind as planning activities are undertaken. Very truly yours, MAYO SOMMERMEYER, P.C. Mayo Sommermeyer MS/jra cc: Donn Engel Bob Barkeen