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Brisnehan stated that at the time it was done, the City felt that he was not given clear title because <br />CliffFoster was storing water there. Lafayette owns 50% of the storage capacity of the lake, but had <br />moved their storage upstream. Brisnehan owns Foster's water now and he was prepared to move his <br />water out, so the City would have no encumbrance other than their own water. <br /> <br />Levihn shared Lathrop's interest in Highway 42. He did feel the traffic study should have been done <br />at the beginning. <br /> <br />Brisnehan stated that they went through the permitting process with King Soopers when they built <br />it. The final permit to make the cut was done when King Soopers was 2/3 built, as one can't get their <br />highway permits that soon. It's a final engineering item. The final permit for Highway 42 is there. <br />They didn't have a particular traffic control, how many flag guys, or whatever are going to be out <br />there. They had heard from the state and they are happy with what the developers had done. <br /> <br />Mayer wondered if the City had a policy on arterials in terms of open space dedication, a formal <br />written policy, and what the City's position was. <br /> <br />Wood said that the subdivision ordinances are based on the gross area. A minimum of 12% of the <br />total land area of tract being subdivided should be dedicated. <br /> <br />Mayer wanted resolution on the issue of whether the lake should be kept or not, both within the City <br />and with all concerned property owners. <br /> <br />Brisnehan didn't feel the City's staff was divided on the issue. He commented that the Planning <br />Department was somewhat neutral, but would like to see the lake, Parks & Recreation would like <br />to see the lake survive, and once the water level was below 5', the Public Works Department would <br />not want to condemn it. <br /> <br />Blankenship stated that with respect to the dam safety, the City would want to take heed to the <br />report by the State Engineers Office. If it were to be at a level that is under their jurisdiction and <br />there are some deficiencies, the City would definitely like to see them resolved if the lake remains. <br /> <br />Mayer wondered what the contractual arrangement was and felt there should be an opinion from the <br />City Attorney on this.. He felt there were too many unanswered questions to be approved tonight. <br /> <br />Lathrop recalled sitting on the Planning Commission when the first phase came through and they <br />discussed how to handle that from an open space dedication standpoint. They felt that since they <br />didn't control the whole body of water, it wouldn't be fair to count the whole surface as a part of the <br />dedication, so they arbitrarily picked half just due to circumstances. The general development plan <br />clearly indicates a 3-acre dedication along the north side of here. This clearly indicates 1.9 acres. <br /> <br />Brisnehan explained that the large part of that is the difference on the water surface. <br /> <br />9 <br /> <br /> <br />