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Highline Canal Trail

Baker & Hostetler

303 EAST 17TH AVENUE · SUITE 1100 · DENVER, COLORADO 80203-1264 · (303) 861-0600 · FAX (303) 861-7805


May 29, 2001

Ms. Cheryl Kuechenmeister City Manager Cherry Hills Village 2450 East Quincy Ave. Cherry Hills Village, CO 80110
Re: Proposal for Bridge Across Highline Canal — Issues to be Addressed
Dear Cheryl: City Council has scheduled a further hearing on issues associated with a proposal for the potential construction of a bridge across the Highline Canal. This will be conducted on Tuesday, June 19, 2001 in conjunction with our regularly scheduled City Council Meeting. This follows Council’s initial consideration of the topic at City Council Meetings on April 3 and April 17 of this year. As articulated in those previous meetings, it was determined by Council that further study was necessary as to a number of critical points prior to proceeding with a proposal for a potential new bridge. It was agreed that Council members would separately submit to staff additional issues and questions associated with the consideration of this topic. Attached hereto are three letters, each of which is dated within the last 30 days and each of which was prepared after our two meetings on the subject. These three letters are from the United States Environmental Protection Agency, the United States Department of the Interior Fish and Wildlife Service and the State of Colorado Division of Wildlife. These letters are each addressed to the U.S. Army Corps of Engineers and to the 404 Permit necessary prior to commencement of any such work. While I believe that these letters may have been forwarded to Council members previously under separate cover from other interested parties, I am sending them now in order to follow up on the procedure articulated in our April meetings. In light of “significant concerns about adverse impact” referenced in these letters concerning the so-called “Site 3” proposal, I would like to pose the following specific issues and questions for further comment by Staff in advance of the scheduled June 19 meeting:
  1. Please identify the applicant for the 404 Permit concerning this proposal.
  2. When was the application for a 404 Permit submitted to the U.S. Army Corps of Engineers?
  3. Please provide a copy of the application for the 404 Permit and any supporting documentation submitted in connection therewith.
  4. Please provide a copy of the 404 Permit apparently previously approved and issued by the U.S. Army Corps of Engineers.
  5. Please advise what response, if any, has been made by the U.S. Army Corps of Engineers to the three letters attached hereto.
  6. If the Corps of Engineers has not yet responded to these three letters, what information do we have as to the likelihood or the substance of any response by the Army Corps of Engineers to these three letters, and is it expected that the Corps will respond to these letters substantively prior to our June 19 meeting?
  7. What contacts, if any, were made to the Colorado Division of Wildlife, the United States Department of the Interior Fish and Wildlife Service and the United States Environmental Protection Agency prior to the submission of the 404 Permit application to the U.S. Army Corps of Engineers? Please detail.
  8. If there were no contacts, please advise regarding the decision process to forego the same.
While many people have already expressed either their significant support or significant opposition to this proposal, all such statements have been made without the benefit of input and comment from three very important agencies that are charged with the responsibility of preserving and protecting a pastoral and rural environment such as that presently enjoyed by us in Cherry Hills Village. The enumerated comments I have set forth above are intended to assist us in focusing on these comments so that we might more carefully consider the impact of a possible bridge at Site 3 on the rural nature of Cherry Hills Village, which is incumbent upon us as we seek to implement the provisions of our Master Plan so carefully drafted and articulated years ago. Thank you very much for your most kind attention to this matter, and I look forward to your response at your convenience, but in any event sufficiently in advance of our June 19, 2001 meeting to allow meaningful consideration of the same.

Very truly yours,

Douglas M. Tisdale, Esq.

DMT:jw enclosures cc: Mayor John F. Welborn
Robert C. Widner, Esq. Ms. Viola Lahana Mr. John Love Ms. Bonnie Blum Edward M. Giles, Esq. Jan N. Steiert, Esq.
Cherry Hills Village Letters.pdf
  MARCH 2001 UPDATE ON THE HIGHLINE CANAL TRAIL AND BRIDGE ISSUES: In light of significant citizen response to the actions of the Cherry Hills Village Planning and Zoning Commission recommendation to Village Staff regarding the placement of a new bridge across the Highline Canal at “Site 3” (property adjacent to the Crapows, the Greenblatts and Chambers), the City Council of Cherry Hills Village, on motion of Councilman Doug Tisdale, will hold a PUBLIC FORUM on Tuesday, April 3, 2001 during the regular Council Meeting. All citizens of the Village are invited and encouraged to attend in order to comment on the proposal so that the elected officials of Cherry Hills Village may have a full and fair opportunity to hear and consider input from everyone. No one can — and no one should — attempt to predict or preordain what the result of this Public Forum will be. But one thing is assured: everyone will be heard. If you are interested, you should be there, to speak out and to listen. In that way the rights and the interests of all citizens and of our Village will best be served. What follows here are: the Notice published in The Village Crier; the article published in the March 15, 2001 edition of The Villager; and the statement of “Recommended Process” prepared by Village Staff. If you would like, please also feel free to send me an e-mail (just click the button below and e-mail form will pop up on your screen). But remember, an e-mail is no substitute for your personal communication directly to all of the Council members at the Public Forum. I look forward to seeing you — and to listening to you — at the Public Forum on Tuesday, April 3, 2001 at Village Hall! — Doug Tisdale, Councilman “Your Voice at Village Hall!”  
Further Information:
Cherry Hills Village notice.pdf




  A public forum will be held Tuesday, December 5, 2000 at 7:30 p.m. at the Village Center, 2450 E. Quincy Avenue, to discuss:  



  The forum will be held in front of the Planning and Zoning Commission and will include a presentation and recommendation from the Park and Trail Committee and comments from the public and other interested parties. The Planning Commission will then advise staff on a preferred course of action. Written comments will be received until Thursday, November 30th. Please send to:  
Cheryl M. Kuechenmeister City Manager City of Cherry Hills Village 2450 East Quincy Avenue Cherry Hills Village, CO 80110


  The trail along the Highline Canal is one of the many pleasant amenities of our Village. It is appreciated and well-used by Villagers and by our visitors. There are already five or six bridges across, and several good access points along the trail, including places along Colorado Blvd., South Dahlia Street (South of Quincy), and South Birch Street (North of Belleview). For a number of years there has been discussion about providing an enhanced access to pedestrians from the portion of the Village that is southeast of the Highline Canal Trail. In 1997 the Denver Water Board granted permission to Cherry Hills to build a footbridge over the Highline Canal.
    There are several questions to ask:
  1. Do we need/want a bridge?
  2. Where exactly would a bridge go?
  3. What different sites are being considered?
  4. What are the pro’s and con’s of building in each site?
  5. How much would it cost us to acquire title to the property necessary to access a bridge site? Where will the money for this come from?
  6. What kind of parking restrictions would be appropriate for the streets near the bridge?
  7. What impact will a bridge have on the semi-rural environment of the Village?
  8. How long would this all take?
Of course there are many other questions, and lots of options to be explored. And obviously one of the alternatives is to do nothing.


Whatever way you feel, please attend the Public Forum on Highline Canal Trail Access for the Southeast Portion of the Village on Tuesday, December 5, 2000 at 7:30 p.m. at the Village Center.
If you cannot attend, please drop us a line to let us know your feelings on this subject.
If you would like, please send me an e-mail (just click the button below and an e-mail form will pop up on your screen). I will be happy to forward your messages to the Planning and Zoning Commission.
You can also call me at 303.589.0758 or call Cheryl Kuechenmeister, our City Manager, at 303.789.2541.
Thank you!
— Doug Tisdale November 22, 2000

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