Loading...
HomeMy WebLinkAboutSCENIC VIEWS PUD - FINAL ..... APPEAL TO CITY COUNCIL - 3-96A - CORRESPONDENCE - LEGAL COMMUNICATIONCOUNCIL. OF THE CITY OF FORT COLLINS MAY 13, 1997 PAGr: 3 Please let me know if we can provide more information. VeFy, truly you, Alden V. Hill AVH:skd Enclosures I.t11]/ l.tut./CI tF W CCI I. I tCl CoUNCII. OF 'mu., CITY of Fowr C01.1.INS MAY 13, 1997 PAcr: 2 water into the Pleasant Valley and Lake Canal Ditch. This is because the City may enforce compliance and later change the discharge to a storm water basin. 2. Quality control. Pleasant Valley is concerned that there should not be any water discharged into the ditch which is contaminated or toxic. 3. Amount of discharge and time of same. If there is a constant discharge of water into the Pleasant Valley Ditch, it creates a problem because when the irrigation season is over, there is a need to be able to clean and maintain the ditch, and it should be dry for maintenance purposes. The amount'of any water discharged into the Pleasant Valley and Lake Canal Ditch can be only an amount which the ditch is able to safely handle during the irrigation season. 4. Crossing over and under the ditch. Permits are required and fees must be paid. There are potential crossings under and a bridge over the ditch. 5. Future changes. I have heard some discussion about the discharge of water into the Pleasant Valley Ditch being a short term solution with the longer solution being to carry the water under the ditch and into a City storm drainage basin. This could require an agreement with the City of Fort Collins as to when and how this i`s`,accomplished. Also, the City may help monitor the discharge into the ditch, and if so, this should be in an agreement. 6. Access to operate and maintain the ditch and fencing. Preserving adequate access along the ditch for operation and maintenance purposes is important, and fencing along the ditch for safety should be considered. . SUMMARY: There has been a discussion with the applicant as to what is generally expected, however, there has been no written agreement reached with the Pleasant Valley and Lake Canal Company addressing the concerns of the Ditch Company., We believe it is reasonable and desirable to have these problems resolved before a subdivision proceeds, unless approval is going to be given on the basis that there will be no discharge of water into the Pleasant Valley and Lake Canal Company, or adequate conditions are imposed so an acceptable agreement must be worked out. HILL AND HILL ATTORNEYS AT LAW A PROFESSIONAL CORPORATION FORT COLLINS, COLORADO 80522 ALDEN T. HILL ALDEN V. HILL May 13, 1997 HAND DELIVERED TO: John R. Duval Assistant City Attorney City of Fort Collins P. O. BOX 421 160 WEST MOUNTAIN AVE. TELEPHONE (970) 482.3683 FAX (970) 482-7648 FROM: Alden V. Hill Attorney for Pleasant Valley and Lake Canal Company. This letter is for consideration of Council, if appropriate Council of the City of Fort Collins Ann Azari, Mayor Bill Bertschy, District l Councilmember Will Smith, District 2 Councilmember Scott Mason, District 3 Councilmember Chris Kneeland, District 4 Councilmember Mike Byrne, District 5 Councilmember- Charles Wanner, District 6 Councilmember RE: May 13, 1997 Agenda - Scenic Views PUD #3-96A - Appeal Ladies and Gentlemen: We represent the Pleasant Valley and Lake Canal Company. The. -basic concerns.,..�of-.the.. Pleasant.-Valley..and T.ake.,,.,Canal, .._. ...,. Company are mentioned in this letter. Extra copies are enclosed for any persons who appear and have not seen it, including the applicant. There are a number of concerns which Pleasant. Valley has with regard to this proposed subdivision. 1. Written agreement necessary. There must be a satisfactory written agreement with the Ditch Company and perhaps also with the City of Fort Collins if there is to be a discharge of