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DRAFT Minutes
OPEN SPACE AND TRAILS BOARD
MEETING OF APRIL 4, 2002
Plaza 1 Conference Room
Board Members Present:
Tom Cardamone, Hawk Greenway, Bill Fales, Rick Neiley
Others Present: Dale Will, Barb Hogan, Temple Glassier, Reid Haughey, Chuck Vidal
Hawk Greenway called the meeting to order at approximately 11 :08 a.m.
APPROVAL OF THE MINUTES
The minutes of the Regular Session of March 21, 2002 were approved as amended.
STAFF COMMENTS
Land Steward
Dale informed the Board that 4 candidates for the Board were interviewed. Discussion regarding
details of the interviews were postponed until Executive Session.
District 1 OSTB Seat
Dale informed the Board that 2 candidates were interviewed for this board seat, and that Hawk and
Tom were in attendance. The BOCC decided to hold off appointment for one month to see if Anne
Rickenbaugh is still interested in applying.
May 16th OSTB Meeting
The Board agreed to cancel this meeting, because it conflicts with the LTNSW conference.
Wingo Junction Overpass: Temple updated the OSTB on the permitting for and construction of the
overpass for the Rio Grande Trail at Wingo Junction. Temple submitted a permit application to CDOT
for constructing a portion ofthe overpass in their Highway 82 ROW. The overpass encroaches onto
CDOT's ROW at CDOT's request, to allow for a design that does not block their access to their
construction zone. Temple hired an engineer identified by CDOT for the project and worked with
CDOT at different points in the design process. Although a two-week turnaround was expected for the
permit application, Temple has still not received a permit for the construction. CDOT identified
problems with the plans, including: requiring all runoff to be captured; a miscalculation in the depth at
one of the abutments; a maintenance agreement requiring the County to plow snow off of the overpass
when it is higher that 4 inches; and requiring a chain link fence. Temple commented that the runoff
issue would be addressed by adding gutters. The depth for the abutment was adjusted. She felt that the
maintenance agreement was not a problem. She did however, have a problem with the chain link
fence, stating that CDOT staff had informed her during the design process, that such a fence was no
longer a requirement. She intends to fight CDOT on this issue. Dale added that Brian recommended
that OST fight the requirement for a chain link fence.
The Board discussed the issue with staff. Board members noted that CDOT currently occupies a
portion of the railroad ROW with its construction trailers. Temple informed the Board that the trail
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was constructed behind the trailers in order to accommodate CDOT, but that CDOT is obligated to
relocate the trail along the rail once CDOT removes its trailers. She added that when the trail was
constructed that the number of accesses to the trailers was reduced from 3 to 1. It was noted that
CDOT's original license to occupy the ROW expired in 1999, and it is thought that this license has not
been renewed by CDOT. Temple also informed the Board that RFTA has not resolved historic
preservation issues with the State office (SHIPO) yet.
The work schedule for the project is as follows: 3-6 months for fabrication of the bridge, then shipping
and assembling on site, the installing, which will take place over three nights. Temple estimated that
it would not be complete until July or August.
Rick suggested redesigning so that the overpass remains within the ROWand a permit is not needed.
The Board expressed frustration over the delay by CDOT and instructed Temple to continue to call
CDOT staff to try to get these issues resolved and Dale to discuss the issue with Ely. Staffwill update
the Board and the meeting.
Upper Rio Grande: Temple reminded the OSTB that the upper most section of the Rio Grande Trail
was not resurfaced last fall because of Aspen Sanitation's plans to replace its sewer lines under the trail
this spring. The Board agreed to wait until Aspen San. completed its work to resurface that portion of
the trail. Temple learned that Aspen San. is now having to delay project because issues with Qwest.
She suggested to the Board to continue its postponement of resurfacing this trail until Aspen San.
completes is line replacement. The Board agreed.
. East of Aspen: Temple informed the OSTB that she has an application into the USFS and expects to
have that process complete sometime in the fall.
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Aspen Mass: Temple informed the OSTB that Community Development is requiring a 1041 review for
this project. She has gone through pre-application, but since it needs to go before a P & Z hearing
officer, this project will not get started until the fall.
Ryan Parcel Exchange: Reid Haughey of A VLT updated the Board on the status ofthis project.
A VLT is currently working with Western Land Group to complete a feasibility study which is now
being required by the USFS. Once that is completed, an Agreement To Initiate will be needed. Then
the public hearing process can begin. A USFS appraiser has been contacted to begin work on the
parcels proposed for the swap.
AVLT Burlingame Proposal
Dale informed the Board the he was listed in the "position paper" on Burlingame, which was recently
distributed by Tim McFlynn, as "endorsing" the biological report presented in that paper. Dale stated
that he told the authors ofthe paper that his name could not be used as endorsing this report. Dale
invited Reid Haughey to come talk with the OSTB about A VLT's proposal. Reid explained that
A VLT's position is to offer its Deer Hill property in exchange for moving the development to create a
wildlife corridor. Various aspects ofthis proposal and the proposed Burlingame development were
discussed. Reid stated that the possible role for OST would be ifthere were values that needed to be
equalized (for the Zolines). It was noted that part of what A VLT is asking for in return for its Deer Hill
property, in addition to a conservation easement on the wildlife corridor through the Burlingame
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project, is conservation easements on the Aspen Mass and Cozy Point properties and a building site to
be exchanged for a Hunter Creek inholding. Board members commented on the Burlingame proposal
and reiterated sentiments from the last Board meeting. They did not want to cornment on a housing
project, per se, but that as representatives of adjacent County Open Space, they were in support of
efforts to preserve the ecological values of Burlingame and to minimize impacts on adjacent conserved
lands. Members also commented that the A VLT proposal was the sort of approach the City should be
taking, and that it is what would be required by a 1041 approval. Dale told that Board that Hilary
suggested that this Board comment on the conservation values of the property, and that the BOCC
could comment on the land use issues. The Board requested that a letter paraphrasing Rick's
statements that the OSTB as a Board involved in the protection of open space and an owner of adjacent
property, fells that it is incumbent upon the City to use its best efforts to design the most ecologically
sensitive and least impactive project that it can within the parameters of its goal. Dale was instructed
to bring a draft letter for discussion at the next meeting.
BOARD COMMENTS
Roaring Fork Conservancy's Resolution to Ban Dogs: Rick informed the OSTB that the Roaring Fork
Conservancy Board passed a resolution recommending a dog ban along the Rio Grande Trail from
Wingo Junction to the Emma School House. The Conservancy's action stems from numerous
complaints from the community about dogs running on active agricultural land, sensitive wildlife
habitat and other private lands, and dog waste that is not picked up. Rick suggested that the OSTB
adopt a resolution banning dogs along the Rio Grande from Wingo to Emma, noting that signs have
been ineffective and that Animal Control has not had sufficient impact. He added that this issue is
becoming a black eye for the program. Bill questioned whether a dog ban was still necessary, given the
fence that was just installed on the Grange Ranch. Rick responded that he viewed the fence as a back
up deterrent for violators, and added that comments were from members of the community other than
Billy. Dale noted that the Emma Trail provides dog owners with an alternative. He suggested that it
be run by Hi]ary to see of the BOCC should comment. The Board agreed and discussed ideas for
public outreach on the issue.
Water Rights: Tom recounted an experience he had regarding water/ditch rights and the new breed of
land owners that are becoming neighbors to open space in this valley. He suggested that in the future
that agreements be attached to deeds outlining water rights that are acquired by the program. Legal
considerations regarding recording ditch easements were discussed. Ramifications of the recent
Supreme Court Ruling on the St. Judes case were also discussed.
EXECUTIVE SESSION
The Board voted unanimously to move into Executive Session at 12:45 p.m., in accordance with CRS
24-6-402(4)(a), for the purpose of discussing acquisitions and personnel. The Board adjourned
Executive Session at 2:]4 p.m.
REGULAR SESSION (continued)
ACCEPTANCE OF THE EXECUTIVE SESSION MINUTES
The minutes of the Executive Session of March 21, 2002 were accepted.
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ADJOURN
The OSTB meeting was adjourned at approximately 2:]5 p.m.
Approved
Attest
Hawk Greenway, Chair
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