& Landowners Association, Inc.
P.O. Box 237 - Idaho Springs, CO 80452
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GCCHLA Minutes
Board Meeting July 22, 1999
The meeting was held July 22 at 7 p.m. in the York Gulch Fire House. The following GCCHLA members
signed in:
| Otto & Kelly VanGeet Marci Bowman & Bill Sanders Todd & Amina Morrison Bonnie & Kerry Hess Chris & Gail Johnson |
John & Brenda Liggett Arlan Crane Bob Musemeche Laurie Beckel Yvonne Kramer |
Dave Gallaher Len Sanders Scott Schaefer Don Waggoner |
Minutes were read from the May 20, 1999 meeting. The minutes were approved as published.
Yvonne Kramer gave the Treasurer's report:
GCCHLA checking: $1147.57
GCCHLA savings: $5932.30
Fire Dept.: $6016.97
Old Business
Central City PipelineDave Gallaher reported on the public meeting held June 26 at the Idaho Springs City Hall. Attendees included Gilpin County Commissioner Webb Sill, Clear Creek County Commissioners JoAnn Sorensen and Fabyan Watrous, Central City Planner Larry (??), as well as residents from Lower Fall River Homeowners Association, and GCCHLA.
Dave reported that the Clear Creek Commissioners seem to be against the Central City pipeline, but refuse to actually commit because they claim it would raise legal issues if they make up their minds without receiving an actual proposal from Central. Dave felt that they were saying what they felt the residents wanted to hear.
Dave felt items such as the Environmental Impact Study (EIS) that will need to be done on the Eureka Ranch project would be as much of a detriment to the pipeline as the Clear Creek Commissioners. He felt throwing as many expensive road blocks in the way would be the most effective tactic.
York Gulch Road ExpansionDave also felt that possible damage to York Gulch Road from increased traffic, as well as from pipeline construction should be emphasized. A discussion followed on the potential impact of passage or failure of the Southern Access Road, being voted on next November. Due to increased costs and business failures in Central City, passage of a bond issue seems unlikely. Since York Gulch Road is closer to Eureka Valley than the Southern Access Road would be, even if the Southern Access Rd fails, expansion plans could continue with the idea of forcing Clear Creek to upgrade YG Rd.
Small Claims Act - Group status
Dave brought a map, and urged everyone to determine is there is adjacent land now owned by the Forest Service that they want to purchase. Dave urged purchase of land along roads to make large scale development less practical.
Anyone interested in small tract land purchases should contact Dave with a marked map showing roughly the land you would be interested in acquiring. Cost for surveys, title work, reports etc. is expected to run in the $3500 to $5000 an acre range, and the land itself is currently running about $3500 an acre. Contact Dave or the Forest Service for rules covering the purchases.
New Business
Open Roads PolicyDave reported on a hearing held in front of the Clear Creek County Commissioners July 14 regarding the use of unused former mining roads. The hearing was called concerning the Spring Gulch Road, Alpine Road beyond Sam Saiz house, and a private driveway off Saddle Drive. He expressed grave concern that every old wagon road and horse trail from the 1800's would be deemed a "road" to permit access to otherwise unbuildable claims. The commissioners seem to be using a USGS map from 1942. Spring Gulch Road did not appear on a USGS 1972 map, but was shown on the prior map.
Marci Bowman expressed concern about Spring Gulch crossing a wetlands, and asked if the necessary permit from the Army Corp of Engineers had been obtained. No one knew, so she will contact the Corp and inquire.
Marci also reported on her research concerning road access. She said that according to legal experts she had talked to, Colorado state statues provide for a "Way of Necessity" easement for land crossing only when there is no other access to the property. In English, this means you would only have to grant an easement--that is allow a road across your property--if there was absolutely no other means of accessing the other property. The other crossing is an "Easement of Prescription" which could be granted if long continuous agreed to use had taken place.
| Note:: | Marci hiked the "road" 7-24-99; someone has illegally removed all but one of the fallen trees and numerous small aspen, bushes, and shrubs that were growing in the road, then drove a 4 Wheel vehicle along the "road" several times to make it appear more used. This is expressly against Forest Service Rules. Commissioner JoAnn Sorensen had walked the "road" and made her decision from its current appearance. Commissioner Poirot had said no improvements would be allowed, but it is too late--they have already been done. |
Dave suggested we need to formulate a master plan dealing with abandoned roads in the Gulch. This can be presented to the Clear Creek Commissioners. We need to determine how long a road needs to be abandoned before it is no longer a road.
County Zoning of Unzoned BLM and Forest Service Land
Dave reported he received notice of an upcoming public hearing for zoning of currently unzoned BLM and Forest Service Land by Clear Creek County. The meeting will be held September 15 at 6:30 pm in Idaho Springs City Hall.
We are not sure what the commissioners have planned, but Bob Musemeche pointed out that land is rarely zoned "down", that is to less restrictive use. It is almost always up, that is to a more restrictive (read income generating) use. We need to be very careful how the vacant land around York Gulch is zoned.
Bring on the Lawyers???A discuss was held on the advisability of hiring a land use attorney. Marci will check with her contacts at the Denver City Attorney's Office, Land Use division for recommendations. If anyone knows a good attorney specializing in land use, contact Marci.
City of York Gulch???
Dave suggested a worse case scenario where it looks as if the commissioners are going to give in to Central City, and both the pipeline and YG Road expansion might take place. He suggested we might want to research creation of a "City of York Gulch". Colorado allows for "home rule" cities, and a city could supercede almost any other government's actions within its borders. We also need to research any other mechanism available such as a special district.
Pine Beetle Tree Kills
After a discussion of the pine beetle problem, and the fact that several infected trees have been discovered, it was moved and seconded that $100.00 be spent on chemicals and supplies for use against the pine beetles. Bill Sanders will purchase the supplies. It was suggested the supply will be kept at the Fire House.
| Note: | Lindane, a sprayer, and a small amount of 6 mil clear plastic can be found on Bowman-Sanders property west on Mule Deer Road and Red Tail Ridge Rd, behind the "McMingo" sign. (Bill did not have a key to the Fire house and wanted the supplies available.) More Pine Beetle Information. |
Road Grading Status?
A brief discussion was held regarding spring road grading. The consensus was that bids will be taken for next year's road grading. The board will set minimum standards for experience, insurance etc. and a bid process will be set up after talking to Road Boss Charlie Koopman. Dave will write up a standard contract.
Topics for Annual Meeting
A discussion was held of possible topics for this year's Annual Meeting. It was the general consensus that topics like the Central City pipeline and the possible Master Plan to deal with abandoned mining "roads" will take up much of the time. We will probably invite the usual cast of government characters: the commissioners, the animal control officers, and the Sheriff. Bill Snyder from county health has asked to speak. A committee was drafted to choose the topics, and act as a nominating committee. It consists of Arlan Crane, Yvonne Kramer, Gail Johnson, Marci Bowman and Bill Sanders.
Fire Department
Dave reminded everyone that with both Gene Anderson and Kathleen Krebs in the process of moving, our volunteer Fire Department is seriously depleted. He urged everyone to consider volunteering. It is a necessary and worthwhile undertaking.
Announcements
Otto VanGeet announced that the Colorado Solar Energy Industries Association (CoSEIA) is offering a rebate of up to $2500 and the grants have been extended to off-the-grid systems. The system must meet a variety of qualifications, and be completed by 12-31-99. For details, see the Web site at http://www.coseia.org, or check with Otto.
Yvonne reminded everyone the mailing address for correspondence (and dues!) for GCCHLA is PO Box 237, Idaho Springs 80452.
Next Meeting
The Annual meeting will be held Saturday, September 11 at the Firehouse. The potluck will start at 11:30 a.m. The Business meeting will start at 12:30 p.m.
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