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Home My WebLink Aboutbocc.min.reg.09271987 ___ ,��.,__� _. ,t�� . .... ....... .,_. - -- ..... ..�._ _ • . ~�s`' '��^ri�� ,. �,�s ��r� � �I' x'4;��`,��I��..j,, i�V' •S�'. �'�e?t�rE.t�+��.'�'��:a�`�S;'- .. � BOARD OF COUNTY COMMISSIONERS REGULAR MEETIN6 A6ENDA . TUES�AY 29 SEPTEMBER, 1987 NORK SESSION '';;- ]:00 to 4:00 Land Use Workshop Retreat at Snowmess Club (Pyremid Room) �.�.'�`. .�',>`.;�,:; 5:00 PUBLIC COMMENT/MANAGER CO►41ENT �,^ �:�- LAND USE , 5:3U Aspen Consolidated Sanitation Dist.-Subdivision Exemption, �. . � Francis Krizmanich 5:45 RESOLUTIONS ANO CONTRACTS Hunter Creek Bus Easement Reso. (CH, TS) ;�`,` Pour La France/Ruthie's Cafe, TrensFer of Ownership, Kim ;.;1�' Uhitestone � � Amendment to Personnel Manual, Safety Policy, Tom Oken � •- 6:00 Code Amendment Packege #4 Resolution,(Third Reading), Cindy � IHouben PUBLIC HEARIN6: i 7:00 W/J Exchange of Easements, Tqm Smith . 7:15 FIRST READING 8 SET PUBLIC HEARING: � Easement for Nelson Jay across Rio 6rande Trail,Tom Smith � ADMINISTRATION ' 7:3� PUBLIC HEARIN6: y Getekeeper Operations Manual for the Solid Waste Center, � Tom Newland . � 8:00 Public Meeting: Hunter Creek Access (Distrfct Courtroom reserved for this) 9:D0 ADJOURN � � t � i�- i I � �.: .;� `_: �;,.. :�..ti�.;• \ w- � ;V � *tT;,�7 �',�•l r;.'. � . .� r , .._ . . . . .._ a . :.� .,_ . . .. . vr. .��,y`;in :.'.: ."... ... . .. . . ... . ... . . . .. � ;:•�'. . .. � .. . �'S'.� 1. �F' � � � � � . _�ci" - . ' �. . - i`��',.�� ' :`+y ' . -"t: - ' ' ( :T�j:_ � .:;��.:«i''�i..4�--..s' --'5,., •,.�tv,i` - � ` ` , . . . . : :.. �._.. . ... _.... . . . ._ _ . �; . ____. . �::;.,=: ;' . . ¢�,x'..,.•:.�:. APPR�fD 1�T pC7 Z 319A7 fJ�� 13 1�� N�'t�,.i:� MINLiTES �OARD OF COUNTY COMMISSIONERS REGUI�AR MEETING s:� TUESDAY SEPTEMAER 29, 1987 �`-' , <`IC . . r;�;" . 1�EMBERS PRESENT: Chairman George Madsen, Bob Child, Tom Slake �:' Colette Penne, Fred Crowley ��' r:� . CALL TO ORDER: Chairman Madsen called the meeting to order at .f;' . 5:00 p.m. j;;;:�`ti' . PUBLIC CONIl�NT: Scott Nish, a representative from Frontier •€'r� � Explorations was present to ask Commission members what the County's stance is on surface blasting. Ae stated that he has :t two proposed lines which he will be laying out and is willing to , ; work with the County in any way he can. In populated areas they would be willing to do the shot hole work. Aowever, in remote areas they would like to take out a permit and perform surface blasting. xe presenCed a site map of the Redstone area. After a short discussion, it was the consensus of inembers that he may pursue seismic work in the area as long as he adheres to the code and follows the criteria set down by the planning office. Also, Nish is to put together an operating plan to present to the planning office. Mark Fuller, Assistant County Manager suggested that he contact property owners in the area and get from them a signed affidavit of consent to the proposal. . MANAGER COMMENTS: Mark Fuller, Assistant County Manager, brought ' to the Board's attention that a temporary restraining order on the Conundrum Creek Marble Mine operation was issued this afternoon in Judge Litwiller's court. The restraining order will run until Tuesday, September 6, 1987 at which point there will be a hearinq before Judge DeVilbiss on a preliminary injunction. Stefan A2bouy has asked that his forest service documentation ��.. specifically, the environmental assessment, and his permit from the Forest Service be accepted by the County in lieu of a formal w .� application and that method of processing prospecting permits is y permitted under the code. Mr. Albouy has been told that review ' :; of that permit will try to be expedited. He asked if Commission members would be willing to set a special �` � ` �` •' meetinq for next Monday or Tuesday prior to the hearing on the �" `'� 1 k=b ' ! .�. Br�� .�`�e�nL�,.�. Zq /987 ��;:.:Y;-_: �%.� �;��.:; :..�;�� . i� f: �., ..�,::�: -z.�,.; _.s..--�--�^---.---"" - -.� :;,.';:;;.:� - ,� s �W .�.. ....�,.0 � �'r��: . _ . . ;;� . . . .._ .? 1.. , _ ,�',. settled by Board action on a prospecting permit prior to spending any more time in Court. Penne moved to a11ow staff to set a special meeting for next Monday or Tuesday based on having enough information being furnished from the Forest Service and a report submitted from planning staff after a site visit to the area. Blake seconded • the motion. Commissioner Child asked for an amendment to that motion that the ..`,: public be notified. Tom Smith, County Attorney stated that there I';�`-�� is not sufficient time to publish a legal notice. However, the ;�` ' Aspen Times will be notified of the issue. ;;;;, " .,;'.. . There being no further discussion, Madsen called for a vote. The �;�. motion carried with 4 yea votes with Child voting nay. Child explained his vote by stating that it was a very controver- �� sial issue and he feels that the County is reaching out farther �:, than they ordinarily would for other applicants. €,;;�,� ;'•;,1. Fuller stated that another issue which he felt the Board should `" � be apprised of, was the fact that an Environmental Impact State- ': ment is curren*_ly in the process for Burnt Mountain. The first •p . volume of the statement has been released and consultant reports are being put together on four major areas of concern including water resources, air resources with a transportation section, wildlife, and social economic impacts. The Ski Company has asked that as the consultant reports come out, they have the opportun- ity to go over them with the County and basically summarize the findings of the reports. Therefore, when a final EIS is issued, the County wi1Z have the beneiit of some pre-knowledge of what is included in the specifics of the findings. y He further stated that it is his recommendation that these issues be brought before the Board at a work session with the Ski Company. It was the consensus of inembers, that a work session . would be appropriate. RESOLDTION GRANTING A SDBDIVISION EXEMPTION TO THE ASPEN CONSOL- IDATED SANITATION DISTRICT - Motion to Approve - with 4 vea and one nav vote - Francis Rrizmanich representing the Planning Office, outlined the issue by stating that the Sanitation District is requesting approval of a Subdivision Exemption for Essential Community Facilities pursuant to Section 4-2.2(a) (4) `-- of the Land Use Code. The district wants to purchase a .61 acre parcel from Colorado-Ute Electric Association, Inc. The proposed ■ odor control system will be used to help reduce the odors which . � are periodically released from the plant. The planning staff ; recommends approval of this application with the condition that ' the applicant submit a survey for recording which meets the approval of the county attorney and planning staff. � �` ; �. ].: . •.cs �, , 2 �'y►; �Q�C � ��/jJ.li.Z✓ Z�/ 1��7 .�y,\. - '. 9�; ,';:i;, .!�y?,�,:�.;i:": �w."3s, - . �, ':�� .s: �.., �/ . � `",r.";':• ' . � :. � �� _ . �. ��w.. � ::: .�;-�... � . : , . ... . �� ..... . . , . ... � . . . .,._._._. . _ ... . . ;;;;.�°. . ,. ,-, • ' `•::�.�:;:: � �:.._. Blake moved approval of the Resolution. Crowley seconded and the motion carried with 4 yea and one nay vote by Blake. RESOLOTION APPROVING VACATION OF THE HIINTER CREER BDS EASEMENT AND GRANTING A RELEASE OF EASEMENT - Motion to table - Motion Passed with 4 Yea and 1 Nav Vote - This application was first � discussed at a work session and at the September 15, 1987 regular meeting. Michael Rinsley who resides across the street from the develop- �� '�''�� ment, asked commission members to very seriously consider the :i'�-� vacation of any easement which someday might possibly be utilized '��•- as part of a trail system. �:;� ` �,` Chairman Madsen stated that this easement was granted for public sL. transportation vehicle access only, and that RAFTA officials have �� . stated that they have no need for the easement. �;,. Other members of the Board also expressed concern with regard to s;''� giving up a public right-of-way or easement such as this without �``� a great deal of consideration. ` Sonny Vann, representing the applicant, stated that the problem i they are experiencing, is that the easement has to subtracted from the parcel size, that it can not be used in calculations for adherence to square footage requirements, and therefore, they do not have a legal parcel. However, it was a legal parcel at the time in which the easement was obtained and there are a series of . provisions in the code which apparently were overlooked, which state that a non-confozming parcel cannot be created from i subdivision or the extraction of easements or other types of activities. In the interest of settling the Rhune lawsuit, it appears that the easement was granted and no one realized that as a result of this easement, the parcel in question becomes non- conforming and they do have an application pending to build multi-family. Cindy Aouben, from the planning office, stated • that for multi-family there is a one acre requirement. However, a single family unit could be built on the property. � Vann further stated that they feel the trail issue should be determined with the application pending, not as an extraction in condition with the removal of the easement. Penne asked the county attorney that since the County has an i`�- easement on the property which is for transportation vehicles, and since the applicant indicated at the last meeting, that they • � were unwilling to give a trail easement for pedestrian traffic of , � any sort, if this easement could be converted to a trail ease- � ment. Smith answered that by terms of the bus easement, it is limited � � ' •' 3 ��,�� Q ..��.'�;_ ;� ��« ��6r/t�v�" 2Q �/�o � �� i{ : i ,�,= �"'� J. �...� % . �. �;: f.:.;, � •f �' ��``� i.:, _ --�� . '.�:...5..��_.�' � . . ( � :��`:. .. _, -- . .... .... _ . . _... .__.__ . ::�>.;;;.. ��`. . �,;•:;_ _ - �� to public transportation vehicular use. It is not a general • easement for rights-of-way purposes of any and all kinds. Therefore, if the County tends to exezcise the rights under that agreement, it has to be for a bus or else nothing. In that context, it is difficult to try to reserve pedestrian access because there is none to reserve. As far as the latest applica- tion is concerned, if the Board feels that pedestrian access in that locetion is necessary to serve the project, it could be � required in the development approval. Kinsley commented that Vann speculates that there was a mistake -.:• - made in the terms of the settlement with regard to the size of � '��'' the lot or the fact of the easement because it creates a noncon- �f��` , forming lot r�hen in fact, it was the intention of the people :•`�:� _ involved wi.th the settlement to have this happen, thereby creating a single family parcel on that lot. Smith commented �� that Rinslep's comments are correct. As he reads the documents i:`.. and after researching the history of the matter, it was done because the people involved wanted to maintain the building for t,� office space. It is not a situation where the applicant is �"' denied all use of the property. F_`;`'} :,.: i. Vann asked, that if the Board is proposing to defeat the resolu- '� '•; ` tion at this juncture, if the matter could be tabled so that he �` couZd advise his client and see how he wishes to pursue. '� Ctowley moved to table the issue due to the fact that he is inclined to vote against it and in all fairness to the applicant all indications at the last meeting were that it would be approved, but due to new evidence, he feels it needs to be denied. Penne seconded the motion. She stated that it seems there is a history under which this parcel was defined and she would like to 4 know a little more about that when it is time to vote. � � Smith stated that he will report back on what was contemplated at the time of the agreement. • � ; Madsen commented that he feels it is an unfair restriction on the property. The easement dedication was meant entirely for busses and he feels it is the responsibility of those considering a � development application as to what goes across there. A concern of Vidal's was that the people going from Centennial over to the t recreation area at Hunter Czeek were less than judicial about the t � way they got to the property. + ` ' There being no further discussion, the resolution was tabled � until October 27, 1987. The motion carried with 4 yea votes with i ' Madsen voting nay. `� PODR LA FRANCE/RDTHTE'S CAFE - TRANSFER OF OWNERSflIP - Motion to .1 �' ` 4 �,, �1.: _ `��:`... .�36CG -�f��l�Z 9 l9'�`7 '`� .; r � k , . �: � - .�` �' �` '::;:.: ..., '- �--�-_--�— _ :;< ��--•%� :'E:�'r�' . . :,. s � - ,>: ..,_.; ��': . . . . .... � . ' �`: A�nrove - AIFMC - An application was presented for a transfer of ownership of Ruthie's Cafe Hotel and Restaurant liquor license which is currently held by Frank Lerner. The restaurant is located on Aspen Mountain. Pour LaFrance, Inc. will be the new license holder, but will still be doing business under the name of Ruthie's Cafe. Crowley moved approval of the transfer. Child seconded and the motion carried - AIFMC ';`"�s - CODE AMENDMENT TO PERSONNEG MANQAL. SAFETY POLICY - Motion to �;`:•'•�� Approve - AIFMC - The Board was presented with a resolution .°ja'; . . amending the Pitkin County Personnel Polices and Procedures Manual by adding Chapter X, entitled Safety Requirements and were presented with a copy of those requirements. `" - Penne moved approval of the amended Personnel Policies and �! Procedures Manual. Child seconded and the motion carried AIFMC- !�� f:'� RESOLDTION ADOPTING AMENDMENTS TO SECTIONS 5-510.4 (1) APID 5- F=;', 510.5 OF THS LAND OSE CODE REGARDING T8S RESIDBNTIAL GROWTH �"� I�SANAGEMENT SCORING SYSTEM. AND SECTION 5-510.1 (a) AND (b) '� 1_ REGARDING THE GROWTH MANAGEMENT AREA BODNDARIES - Motion to � Approve as Written - AIFMC - Cindy Houben, representing the `! Planning Office stated that at the second reading of Package #4 on September 15, 1987, the Board directed staff to incorporate the commitment of price restricted lots into the threshold points for employee housina. In addition, Section 5-510.4(1) was added at the Board's direction and that staff recommend approval of the proposed regulations. Blake suggested to staff, that in order to expedite review of matters and proposed changes, that they be noted on the front of the document and changes highlighted in the text. Penne stated to Joy Caudill who was in attendance, that her letter along with Connie's had been submitted to Board members at • the last meeting and both were discussed in detail. Caudill stated that the points for density reduction in the metro area are being taken away by virtue of this resolution, and she presumes this was done originally to accommodate TDR's and PDR's She expressed concern with the density being increased to that extent when traffic and pollution problems have not yet been � solved. - Blake answered that it was not just to accommodate the potential � � for TDR's and PDR's. Also there has been a lot of controversy , s about the extent to which the County should encourage the full �. utilization of the zone density in the metro area so that essentially, development is concentrated in the metro area as opposed to reducing density in the metro area and then having �,' ��; . ' 5 ��,-.�`;. 3 y.�l .�0 C C ��n ��' z 9 /Y8� ±,�: � � ' �j�: ;��:. .�1?��';�'�_ �.�„- '�°- .� i . . -'n"^:..��+d-�r"'� x� . _��.,t�,�_:. � � - � � . : � _ ----�- ----�� - ti.. __._ ��:� . . _ . . . . ., . _ � . i':� ��-. ' ��` . ;A. more development down-valley. The theory being, that when services are available, etc., there should be an encourage- ment to maximize the development potential foc property in the metro area. Tom Smith, County Attorney, stated that if an action is taken to reduce or discourage development in the metco area to reduce air pollution, then the traffic problem is increased becanse the development occurs down-valley. He commented that the County and City need to direct a serious cooperative effort to resolve issues such as parking, traffic and air quality problems because " ' f' M1.." . they do affect development potential. ,.�:. Blake further stated that the worst case scenario would be to produce increased density up-valley with no trade offs down- �� _ valley. However, he leans toward leaving the density reduction ��:� point in for a year, and if a conclusion is not reached by that �� time, then he would recommend to starf to consider removinq it i�� from the system. >,;' Penne moved to approve Implementation of the Down Valley Plan: �'e`;l Package #4 Residential Growth Management Scoring System. Child F:�.� � seconded the motion. There being no further discussion, the motion passed - AIFMC. �� r FIRST READING AZID SET PDBLIC HEARING - EASEMENT FOR NF.LSON JAY ACROSS RIO GRAPIDE TRAIL- Motion to Approve Firsfi Readinq and Set Public Hearina - AIFMC - Tom Smith outlined this item by stating that the applicant's property is through Red Mountain Road onto Shady Lane across a private road serving this residential area. The private road crosses the old Rio Grande right-of-way. Historically, permission to cross the right-of-way was etfected through a private right-of-way license granted by the railroad company to the property owners. Since the County deeded the property to the railroad, no formal agreement for access was made. This will atfect the property owner's ability to obtain financing for the property. Accordingly, the Coanty has been requested to grant an access easement across the Denver & Rio ' Grande right-of-way along the alignment previously utilized pursuant to agreements with the Denver & Rio Grande right-o£-way, and since then without any agreement, It was his recommendation to approve and set for public hearing an Ordinance granting an access easement for Nelson Jay across the Rio Grande Trail. Penne moved approval at first reading and set public hearing. t.. Crowley seconded and the motion passed - AIFMC PUBLIC HEARING - W/J EXCHANGE OF EASEMENTS - Motion to Table Indefinitelv - AIFMC - Smith advised commission members that • '� there are several deeds involved in this area and after reviewing the property descriptions with Pat Doby it has been discovered that the� a11 overlap. Therefore, this has created a situation � � . .: .: �; � � 6 b �G�� 'S��e"'�- �� 987 `��:. ;�.� y_.. o .', �,.�,t_. , � �2�:.;'�9:. !�•=� , F ��.::': .� t�� - _9�._..,..,_!.: i�; _�-�� ..� . � � :�l��z:: i . . . . _ _.._ . E`: . � ; . �,,F.., that in order to establish a new alignment for the trail and/or the railroad (if the railroad is granted a right-of-way) , six deeds would have to be exchanged. He recommended to the Board that no action be taken on this matter until the property description matters can be resolved. Blake moved to continue the public hearing for the W/J exchange • of easements indefinitely. Penne seconded the motion. Chairman Madsen asked if there were any public comments, there - beittg none, he called for a vote and the motion passed AIFMC. �'',•.�: . RIGBT-OF-WAY DEDICATION OF EASEMENT FROM WINR JAFFEE - Motion to ,;��.:' Approve - AIFMC - Wink Jaffee was present and offered to dedicate ;�;:.;. ". a portion of right-of-way across his property to provide an alternative access to the Vagneur Gravel Pit operation to keep �� - truck traffic off the River Road. �;`: Penne moved to set a public hearing for the acceptance of the f`� . . easement. Blake seconded and the motion passed AIFF.!C f'� : �1;;`,,.. � PIIBLIC 9EARING - GATEREEPER OPERATIONS MAN[1AL FOR THE SOLID WASTE � CBNTER - Motion to Aoprove - AIFMC - Tom Newland stated that the �,•' � Property Management Office has developed the Gatekeeper Opera- ,- tions Manual fpr use in the supervision of the Gatekeepers i position at the Solid Waste Center. The document explains and guides the duties of this position and will be available to the general public for informational purposes. The manual was reviewed by the Board at their September 8, 1987 work session meeting and changes to the text have been made based on the comments received at that meeting. Newland recommended that the manual be adopted by the Board. Stanley Natal from the public, expressed dissatisfaction with the �, landfill attendant. He stated that when he called or visited other offices in the County he was received in a most profes- sional and courteous manner. However, he is met with a different approach at the dump. Also, he would like to see two free days . incorporated in the landfill schedule. With there beinq no more comments from the public, Chairman Madsen closed the public hearing. ;. Penne asked what the status was on the scale. Newland answered that he has been in contact with the supplier and that the indicator is currently in their office for repairs. He stated �. that they were going to buy a new indicator, however, it would not be compatible with the printer and therefore the decision was . � made to have the old one repaired at the same price. 4 , She asked with regard to the senior citizen's free landfill use � for residential trash� how a ditferentiation was made between that and commercial trash. Newland answered that construction .' �` - • 7 �; � b �D�( � ��e.- a 9 �� .� � /� �.�,: :;��- tr,.,:,. �cs:: �._ 4 ��' �` +�. �.�,:ti,;: . . . . . . ' ./'�� . �.. . ri •a ..:: . - _'' . _. -- .�-.r+�^��'.�. ��,.� � ;�. . .. . • � . � �"i� �^ c ♦ s �� .. . . t ;I'`; . �� f'?. . debris is classified as commercial. Child expressed concern with regazd to handling personnel disputes at a public hearing. Also, he feels that the manual was definitely needed, however he would like to see the County in the near future seriously address a recycling program and receive more information with regard to depositing hazardous waste materials. He also felt that a consistent detezmination needs to be made to the age qualifications of a senior citi2en. The Council on Aging will be asked for their interpretation of the _ age criteria. �-`' j� Newland stated that he felt in the last two or three months ti:`, ; . operations at the landfill have definitely been on the up-slope. ;ir� . Salvaging is definitely beneficial to many people, especially "' with respect to car parts. Also, phone complaints have decreased �- ' considerably. s':; �� Blake moved approval of the Gatekeeper's Operation Manual. �,. Crowley seconded and the motion carried with 4 yea votes and - Child voting nay. �,�� Child explained his vote by stating it was because of the personnel matter involved in the public hearin9 portion of the meeting. � ' PDBLIC HEARING - HONTER CRBER AMEbIDID STATUS QDO AGREEMENT - Chairman Madsen opened the public hearing by stating that this is the second public hearing on this matter. He then went on to read staff's memo outlining the project which reads as follows: The Board of County Commissioners and the Benedicts, Red Mountain � Ranch Homeowners Association, Aerbert Dow, and the McCloskeys. � �. These parties (The "Landowners") have proposed this Agreement, whereby for a period of one year the north access would remain closed, and the sole access into the Hunter Creek area would be •' � along the south access. This Agreement has been proposed in ' order to encourage use of the south Side Trail and to evaluate ' the reaction of the public as to the adequacy of the improved . South Side Trail. Such improvements include widening of the trail, regrading of the trail, and the installation of a bridge across Hunter Creek. Also, the Red Mountain Ranch Homeowners' Association has indicated that ovecnight and year-round parking would be agreeable as a condition of this status quo agreement. i At this time, there is an unresolved issue regarding the extent +` of additional improvements necessary in the South Side Trail, and who shall be responsible for the costs of these additional improvements. • ; t The purpose of this meeting is to receive public comments regarding this proposed temporary solution to the controversy , � , 8 �', ;: -, � �� ",l�<-�9 /�8� �'�� o<C ..a :�.",r::�� )' . 4�':�": �'�'; �' �;:;;�;;. .,:h�; � x �.,. �: 'f. .t �a :., :; -� _----�-��,�-��—._ -� _ .�"� � , ... , � �:;. ��.:::: „�.�: , ,,,�=.. . . _,. .._ .__._. . . ., ...___ . : 4: r' regarding both the north and south access to Hunter Creek. It must be emphasized that the Agreement is intended to preserve the status quo, so that in one year, when the County re-evaluates the situation, it will have preserved its legal position, and can at that time institute litigation if it is deemed necessary. Staff recommends appzoval of the status quo agreement, subject to resolution of the issue regarding additional improvements on the South Side Trail, and other necessary technical amendments. The public was presented with a site map showing the aiea to be �i:.:;:'.,�, discussed and Madsen opened the public hearing to the public. .:"�- There were several comments from the public in opposition of the closure because of access by senior citizens, Department of `' Wildlife, handicapped persons, emergency vehicles, cattlemen, � s' etc. y h��: Wilk Wilkinson stated that in his research of the county road �;•`" ` . overseer reports and county minutes from 1887 until I891, this �;;:-,. very controversy was going on for both of the access toutes. One +'''� of the routes was called the toll road. The toll road company �� laid out the road though Hunter Creek up through Van Horn Park and charged a considerable amount of money to use that road, and �� '�� within two years a number of the property owners put a petition into the County to lay out a second road because they did not want to pay a toll. The County in tuzn did lay out a second road • which is the south route and that particular route was then dedicated as a county road. The toll road people and the County � entered into Iitigation, with the County losing the lawsnit and subsequently purchased all of the toll roads that the toll road company owned which is the north route reflected on the map. Essentially, up to the time that Fritz Benedict quieted title, �: the County actually had two county roads through this property. , At the time of quiet title, the Covnty failed to make an appear- i ance in that action, and subsequently it is Mr. Benedict's position that they lost their right to the county roads at this . point across his property. Also, the mining claim owners to the � north and to the west of the area have virtue by Colorado law the right to get to their mining claims. He feels that the McCloskeys need to be aware of some of the � historic public rights-of-way through his property. Also, whether a quiet title would hold up in a court of law quieting out a road which has been dedicated to the County and he feels c � these issues need to be addressed. ' There were several other comments voiced from the public in ' opposition of the closure. Some of the reasons pertained to more ° impacts on the south side trail which could be hazardous for i bikers, hikers etc. - � � � 9 , ��1� ��J`��L11H29 ��8� �� : � �� ; . . ��'=�;:.,.;��c;:.. ' t �`-:':�}: �{� ,.�'" :f �' , . �,��_-.- �r -: '•: �� : . , ;-. o � �' � _ . ' r�;,��r.)!;;::�-� �,t � f�.:.'::;..."' . tr°;::.:.,:. Jon Mulford, representing the Pitkin County Parks Association, stated that the Association feels the north access should remain open. However, they would like to see it closed to vehicular trakfic. He feels that the County should continue to try to negotiate an agreement with the landowners in keeping the north access closed to vehicular traffic, but open to other ways of access. Commissioner Child stated that there are several concerns in Hunter Creek not only with the access but other concerns. - However, there is an opportunity to buy a year's time with the ? `'� - agreement and utilize the time with some committee established to r `.�'' try to address the different considerations heard, and address �`i�.`� � . them out of the emotional circumstance which exists now. With i•'i:°' the agreement and a committee he feels there is a potential on October 1, 1988 of having a situation that all parties will be �' ' satisfied with. As long as tfiat potential exists, he feeis that ' goal should be worked towards. �V �� Commissioner Blake stated that he does not support the agreement ��,� because he feels it is a way of delaying the issue and possibly 't . it will not come up egain due to disinterest or the emotional �;%, �; aspects being alleviated. '� !; On the issue of whether the north access is important enough to '� the community for the County to pursue, he feels it is a very important asset to the County and should not be given away without very serious reasons. Therefore, he would be opposed to any proposal to limit the access as sevecely as is being propos- ed. Commissioner Crowley stated that he is also opposed to giving up the total access to Hunter Creek. However, he agrees with the County Attorney that by signing the agreement, the Coanty will not be in jeopardy of any of its claims. He feels that in the � one year period, a solution can be worked out. > t Commissioner Penne stated that it is very enticing as a board � member to sign an agreement that puts a decision off. However, - she is opposed to this type of action. Her fundamental problem with the agreement is something that may have a legal answer. She referred to a letter written by Bill and Janet Mormon that in a previous hearing, Fritz Benedict and Jim Oster both said that Jim had been up there about 19 years and Oster was pnt there to ' in Fritz's words "to keep people out, to control the access." � � Her understanding of a prescriptive easement is the County needs f�- 20 years. Stanley Natal has been going up there 50 or 60 years . but she does not know whether Oster's presence triggers a ; different time period. On page five of the Agreement she , S referred to language which states "this agreement shall not '1. . constitute any waiver on the part of Pitkin County of its claims, as they may exist as of the date of this Agreement." She feels :_' �` ; ', 10 � � `' �t{ �O CC �j��6��/v� z y /%8� �`: :.;,:� � � . �y�� ° ��? `,� . �,F �. j`�' . � � • I .t �--^---�----- . � .. � � :;��:_; . . . ._ � . ,��_, . __ .._. -•�- ':�;;;' . iz � '.?j',`':',.... . ��,s�i�,. _ by singing this agreement the clock will be stopped, and she feels if other commission members are going to sign the agreement it should be made for one year and three months when there are new people on the Board who will look at the issue and make the tough decisions that they are elected to do. Chairman Madsen stated his position by reiterating Crowley's statements. However, he feels that the south side access with the improvements made, will be suitable for skiers and mountain ' _ bikers. His main concern and his reason for signing the agree- '•• ment is because he does not want to lose the parking lot on the ��"'.� terms provided which is all day and all night. He also supports .�',� , it because it gives a good test not only with the cross country :i.'��- skiers, whose activities could be jeopardized this winter if litiqation pursues, but also the bikers, pedestrians, fisherman, horseback riders, etc., next summer. • Tom Smith County Attorney advised the Board that the Agreement as �� it exists now, is not in final form. Therefore, it is his �'� recommendation that this item be scheduled again at a regular �:?.'�, meeting to be executed. Also, as reflected in the memo the improvements issues have not been resolved. � Tom Newland stated that he walked the trail with FicCloskey and �� Benedict. The consensus was that a bar-ditch in along the uphill side and two water-bars across the trail and these are in the process of being installed now. Penne asked counsel that if by signing this agreement, would it stop the clock. Smith answered that he did not believe so, not with the other parties involved. Howevet, there is one part of the agreement which states that if any other person who is not a party to the agreement commences any action against any of the 4 parties in the agreement, then all parties can all fully defend or assert whatever =ights they have and fully disregard the ' agreement. Therefore, barring litigation by some party who is not in this agreement, the County will be in the same position as • it is right now. .. Penne moved to deny the agreement. Blake seconded and the motion was defeated with 3 nay and 2 yea votes. Crowley moved to approve the agreement as to concept but not to form with the recommendations by the county attorney. � ��- Child reiterated his stated with regard to the stipulation that there be a management advisory committee for Hunter Creek formed ' and that they investigate the possibility of a conflict resolu- , s tion as a way of solving some of the voiced contlicts and bring �. - the results of theit findings back to the Board several months before the October 1 date. Also, with regard to the possibility :; �:- , of the limited vehicular access for the elderly, Division of ,; � b 11 �' �fy� h��- 2�/, /�� .. ro p(( � / 'i� , 's;= :*^ ��;,.. w.. �::. ��;; - .. . ^,�- '.�, i� M�y'yR�.� . . . .. . . ' �F. �vy��p � � � _ � ::::.: . .:; , �i Sl,f;'.'�i�� • � ':'��fiu • 1`"i::t,•,i .. Wildlife, cattlemen etc, who have a genuine need there does the agreement in any way permit access to these individuals. Legal counsel representinq the landowners, stated that they would probably agree to access by essential vehicles. Crowley and Child both reiterated that the committee be formed and that the important matters be looked out in the next year and resolved. If this does not happen, their vote of support could - be jeopardized. �_�;`,' tY..: . �;•=i;;;:.: Chairman Nadsen called for the vote which passed with 3 yea vofies „,. � with Penne and Blake voting no. "�� - i+!�" ADJODRNMENT - The meeting was adjourned at 9:35 p.m. ''` . �., . , pectfully s bmitted _�' � G��@� ��;.;" ,.,� Jeanette Jo s ` , ; . Deputy Clerk ��1 �.. f. � ; ,� i �� i '� � � � � � ! � 1 i , � i i t ,�-. � � i j y).; •;1 ' 12 � ;��C( � �/�,/e��9 /�BTr: . _" : � ' �,� � ; �; �:t��:: � �. .. . . . _ . ___ . _ . . �: �r,� _ _. : : . . � �:. ,,� _ . ..,� :::� . , +' f! '��' �.��' �.t r: . , a-�3�,,.�/- '.. '.. r��—� � ��ty`� ' . . �.i:.'�N.'r.,y�. . . . �. . ' . . .. . 'itj- �?[��'� .... 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