Tempers Flare in Twin Buttes Open Space Debate DURANGO, CO (ksut) - HOST LEAD: Harsh words have been exchanged between two Durango city councilors, over thoughts of the city buying Twin Buttes land targeted for development of 595 homes, to preserve as open space.
KSUT's Victor Locke reports.

VICTOR: Developer Eric Flora is seeking city approval to build on 100 acres, and dedicate another 500 acres around Twin Buttes as open space at no charge to the city.
Councilors met yesterday in a study session to review a proposed public survey on plans to issue up to 25-million dollars in bonds for Florida Road and Recreation improvements.
Those proposed bonds and Twin Buttes seemingly don't appear related.
Shortly after the meeting began, councilor Renee Parsons proposed including a survey question to guage support for a possible 12-million dollar bond issue to buy the Twin Buttes land targeted for improvements.
That prompted this exchange between Parsons and councilor Leigh Meigs.
PARSONS: I THINK THAT'S A REALLY VALUABLE QUESTION FOR THE COMMUNITY TO ANSWER, TO WEIGH IN ON. SO I WOULD JUST LIKE TO ADD THAT AS ANOTHER QUESTION.
MEIGS: WELL YOU'VE REALLY GONE FAR AFIELD NOW. I MEAN, YOU KNOW WE WERE HERE TO TALK ABOUT A MULTIFACETED RECREATIONAL BOND AND FLORIDA ROAD, AND NOW WE'RE GOING TO TALK ABOUT PURCHASING TWIN BUTTES WHILE WE HAVE AN ANNEXATION AND CONCEPTUAL PLAN PROPOSAL BEFORE US, I THINK THAT'S WAY FAR AFIELD, AND I WOULD BE VERY HAPPY TO TALK ABOUT THAT, PERHAPS IN AN EXECUTIVE SESSION, BUT I DON'T THINK THAT RAISING THIS AT THIS POINT IS APPROPRIATE OR REASONABLE, AND I THINK THAT THE POINT IS WELL MADE THAT YOU ARE INTERESTED IN PURSUING, AS I UNDERSTAND WHAT YOU ARE SAYING, YOU'RE INTERESTED IN PURSUING TWIN BUTTES AS SOMETHING OTHER THAN A DEVELOPMENT PROJECT, THAT'S FINE IF YOU WANT TO MAKE POINTS LIKE THAT IN PUBIC, BUT I'M NOT FREE AS A CITY COUNCILOR TO ENGAGE IN A DISCUSSION ABOUT THAT AND SO IT'S AN UNFAIR ISSUE TO RAISE IN PUBLIC.
PARSONS: IT'S NOT AT ALL, ANNEXATION IS NOT A QUASI JUDICIAL MATTER, IT'S A TOTALLY APPROPRIATE MATTER TO RAISE IN PUBLIC. AND SHOULD HAVE BEEN RAISED SIX OR EIGHT MONTHS AGO.
MEIGS: I MOVE THAT WE ADJOURN AND WE CONDUCT AN EXECUTIVE SESSION AT THIS POINT TO DISCUSS A REAL ESTATE MATTER.
The only other councilor present, Michael Rendon, said he didn't see the open space issue as relevent either.
Councilor's are legally required to maintain an open mind when deliberating development matters in a quasi judicial setting, where they basically sit as a judges.
They could be considering Twin Buttes next month.
City Attorney David Smith was summoned to the meeting and asked his opinion on the legalities and appropriateness of Parsons request.
SMITH: I DON'T THINK IT'S AN APPROPRIATE ADDITION TO THIS SURVEY AND I DON'T THINK THE TIMING IS APPROPRIATE RELATIVE TO WHAT'S IN THE HOPPER IN THE PLANNING DEPARTMENT AND COMING BEFORE THE COUNCIL.
Parsons argued the Colorado Municipal League considers annexations legislative matters.
Smith countered the supreme court has ruled annexations coupled with development plans, such as in the Twin Buttes case, are quasi judicial, resulting in this further exchange among Meigs, Parsons and Smith.
MEIGS: THIS IS NOT A TOPIC THAT I FEEL SHOULD BE DEBATED AT THIS TIME, I THINK IT'S INAPPROPRIATE, I THINK IT DEMONSTRATES, ESSENTIALLY, THE APPEARANCE OF HOSTILITY TOWARDS A PROPOSAL BEFORE THE CITY RATHER THAN CONSIDERATION OF A PROPOSAL ON ITS OWN MERITS AND I JUST WANT TO SAY THAT CONCERNS ME.
PARSONS: I DON'T THINK IT SHOWS ANY HOSTILITY OR IMPARTIALITY AT ALL. I WOULD JUST LIKE TO BENEFIT FROM PUBLIC OPINION, SO I JUST DON'T AGREE. I UNDERSTAND THAT YOU FEEL THAT WAY, BUT THAT DOESN'T MEAN THAT'S THE WAY IT IS.
SMITH: IT'S NOT APPROPRIATE.
In the end, councilors dropped Parsons idea of surveying residents on an open space bond.
The survey on Florida road and recreation bonds is expected to be conducted later this month and could set the stage for a November vote on either one or both.
Neither would require an increase in taxes, instead relying on existing sales tax revenue to pay off the bonds.
From KSUT, Four Corners Public Radio, I'm Victor Locke.
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