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MINUTES
City of Aspen, Open Space and Trails Board Meeting
Held on February 16, 2023
5:00pm at Pearl Pass Room, Aspen City Hall
City OST Board Members Present: Ted Mahon, Howie Mallory, Adam McCurdy, Dan Perl
City Staff Members Present: John Spiess, Matt Kuhn, Michael Tunte, Brian Long, Nick Oliver,
Steve Barr
Adoption of the Agenda: Ted made a motion to approve the agenda; Dan seconded and the
vote was unanimous.
Public Comments, for topics not on the agenda: None.
Approval of the Minutes: Ted made a motion to approve the minutes; Adam seconded and the
vote was unanimous.
Staff Comments:
Brian: Reported that crews are working on ice on the trails.
John: None.
Matt: Reported that City Council approved a 5-year trail license with Pyramid Ranch, LLC (S&J
Investments). It will be held jointly with Pitkin County and will go to BOCC in March. He also
mentioned that stemming from a plan last fall to shift some seasonal labor to permanent labor,
six new permanent positions have been filled. The Owl Creek Chase event was rerouted due to
moose in the Tiehack area. Ski for the Pass is this weekend, followed by an RMN race and the
Silverboom.
Dan asked if the agreement with S&J would change the alignment of the trail. Matt explained
that there will be no significant changes.
Matt added that several Board positions will be up for renewal (Howie 6/1/2023; Julie and
Adam 9/2023).
Old Business:
Matt suggested moving park rental policy to the first agenda item because a member of the
public is present to comment.
Park Rental (Use) Policy:
Matt mentioned that this topic was discussed at the November 2022 Board meeting and this
will likely be the last check in with this Board before this policy is rolled out. The policy
presented in November has been refined; it will be an agenda item during a Council work
session on 2/27. Staff seeks Board support for the direction of this effort and the four key policy
changes. An open house last Thursday attended by eight people elicited some important
feedback; representatives from ACRA and users of key parks attended. A dditionally, Aspen
Community Voice has gathered 20 responses. Responses cover a broad spectrum from those
preferring no special use of parks to those involved with larger uses that will be impacted by
the new policy. Most people seem to be in line with the proposed policy.
Matt reviewed the two policy documents that staff are currently working on: Parks and Open
Space Draft Park Rental Policy and Special Event Policy Draft Policy. Today’s focus is park
rentals. The policy is based on “a use is a use.” Key thresholds for park rentals are: less than 125
people, 4 hours or less, reserved 90 days or less in advance, and simple infrastructure (mats,
pop-up tents, etc). For special events: these events must be open to the public; this policy is
separate from this Board’s purview; Council reviews this directly. Steve explained why this
designation needed to be made: as larger events have exceeded thresholds, other departments
have had to become involved and complexity increased. Matt added that in August, Council
expressed general support for commercial use. A commercial use fee of $25 is proposed in
addition to the park hourly fee. Hourly fees are currently $29/hour for athletic and m inor park
rentals; the proposed hourly fee is $32/hour.
Adam asked whether any commercial use, even below the 25-person threshold, would require
a permit. Matt clarified that all commercial uses will require a permit. Adam asked whether dog
walkers and kids summer programs would be exempted. Matt said dog walkers would not incur
a fee at this point. Day camps would incur the base hourly rate of $32/hour. For the skate park,
the fee would be a daily $50 rate. Partial fee waivers may be granted for certain commercial
uses. If approved by Council on the 27th, this will be rolled out as a trial for the remainder of this
year. This policy can be revised periodically. Matt showed a chart addressing Cumulative Park
Use toward managing the overall amount of use parks see. Dan asked if commercial events play
into the hourly targeted use limits. Matt explained that special events are handled separately.
Ted asked whether staff feel that the proposed policy fits all potential scenarios. Steve
explained that it seems to fit fairly well with the many annual or recurring events that typically
take place.
A member of the public (who not introduce herself) commented that she supports the overall
policy changes. She commented that the new policies seem basically the same and asked if the
changes are mainly to bring in more money. Matt explained Park’s rationale for the new
definitions within the policies, and parameters that provide limits to keep these amenities open
to general public enjoyment. Steve added that the parks are first and foremost for the
sustainable use of the community. She asked if the public can still use parks during events other
than when events involve tickets. Matt explained that park use is non-exclusive except for
special events.
Dan made a motion to support the policy. Howie seconded and the vote was unanimous.
The Board and staff decided to discuss the farm collaborative topic next.
Farm Collaborative, Lease and Infrastructure
John introduced this topic and Eden Vardy, director of the Farm Collaborative (FC). Eden
introduced his board president Jeff Davlyn, John Ward, Adam Lewis, and Philip Ring, project
manager for the farm center facility. Eden shared that the FC has merged with Seed Peace.
Eden reviewed basic background on the FC and the phases of the new farm center. Eden
emphasized the need to accelerate phase two due to a recent Omnibus appropriation for the
project’s kitchen. Three infrastructure components that need to be figured out before the FC
can build its farm center, including the kitchen, are: water service, fire suppression, and septic.
FC wishes for the City to contribute to the development/improvement of these infrastructure
items.
Per the Board’s request, Eden presented costs: Water service: $6 00,489. Septic: $734,940. Fire
suppression: $367,615. Total $1,703,044. These cost figures are specific to the FC’s facility and
farm center. Fire suppression is part of phase one and the FC’s shortfall for this phase
represents this cost. Septic and water service are specific to phase two. The goal is to find
solutions that would service the FC’s building as well as the entire ranch overall. Th e costs of
fire suppression and water service would be incurred by the ranch at large in the future; there
is more variability in the way the septic system could be funded and planned for. The FC is
asking the Board to approve a $1,703,000 supplemental bud get for these site needs
represented by the FC at Cozy Point Ranch. Alternatively, the Board could approve a $367615
supplemental budget for fire suppression in 2023 and a $1,335,429 supplemental budget for
septic and water service in 2024. Eden mentioned inflation and efficiency are important
considerations.
Adam asked if the lease is part of this discussion. Eden mentioned that revisiting the FC’s lease
with the goal of making the lease equally representative of FC’s investment in the site was part
of the last discussion and can be discussed now as well. Adam asked what his ideal would be
regarding the lease. Eden said that a 35-year lease is their ideal, with 30 years as a minimum.
Matt mentioned that staff received the dollar amount of the ask today. The infrastructure
elements have been discussion topics for a long time, and they can potentially dovetail with
other goals for the ranch. The timeline for the infrastructure improvements for Parks and for FC
are not aligned, however. Howie asked for clarification of the differing timelines. John
explained that FC would like to break ground this summer, while Parks is entering a planning
phase for addressing these needs holistically for the ranch. Matt explained that there ha ve
been emerging and compounded complexities as projects are tackled at the ranch. As various
efforts have progressed over the past several years, it has become clear that comprehensive
solutions to septic, fire suppression, and water service are the preferred strategy; these were
not originally envisioned to be developed all at the same time. Matt added as an example that a
fire suppression system for the FC learning center cannot fit within the leased area and must be
located outside the leased area which involves greater costs.
Howie asked what the time constraints are related to the Omnibus funding. Eden explained
that this funding is coming from the 2023 budget and that approved permits, etc. must be
submitted to the Senate before funds can be released to the FC. Prior to those steps, FC must
have funding in place for the three needed infrastructure items. Dan asked for clarification of
phase two work. Eden explained that this includes a septic system for the kitchen and
bathroom. Dan asked if there are any alternatives to unlocking this funding outside of this
timeframe, toward aligning timing of infrastructure items with Parks; Eden said no (short of
finding funding elsewhere). Eden clarified that the funding is specific to the kitchen;
theoretically, it could be built now and plumbed later, but Pitkin County will not allow that. Ted
asked staff how moving forward with these infrastructure items would affect other items
budgeted for Cozy Point Ranch. Matt explained that when looking at the FC alone, it is feasible,
but the overlap that exists with fire suppression, water, and septic could lead inefficiencies in
terms of land use and cost. Howie commented on the ongoing nature of needs at Cozy Point
Ranch, mentioning that this could an opportunity to take care of long-standing needs through a
creative approach. Howie asked what is currently budgeted. Matt said that since last year John
and his staff have put a lot of energy into the ranch, citing $6 million approved by Council for a
number of improvements including the housing that Council has prioritized. Matt explained
that an aggregate, comprehensive, interdisciplinary approach is being taken to support the
broad master plan for the ranch.
Adam commented that 20% of capital budget goes to Cozy Point Ranch. This is a large chunk to
spend on one property; much of it will go toward deferred maintenance. Ted suggested that it
could be considered a matching situation. Dan commented that the way this fits into the overall
plan is critical, yet it is hard to consider re-doing infrastructure work when Parks’ timeframe
comes around. Eden said that a commitment of funding availability would be enough to
demonstrate to the U.S. government that the project will be realized. Dan commented that
Parks could be making this type of contribution for a system that serves the whole ranch; it
could be split between the ranch and the two lease holders and there could be surplus that
funds the kitchen. Eden clarified that the $1.7 million would allow the $7 million structure to be
built; it is not just for the kitchen. Dan clarified that the City wants to develop water, fire
suppression, and septic to serve all of the needs on the property as well as future needs; he
feels comfortable committing to that, but when and how much is a separate story. John
commented that septic research has led to some dead ends; fire and water have more potential
for site-wide solutions. John added that part of the current grading project is replacing the
current, failing septic system. There is currently no future solution for additional septic for
housing, etc. Matt added that potential solutions would be either a system that delivers treated
wastewater to the Roaring Fork River or allocating an increasingly large area of land to septic.
Matt clarified the supplemental budget mentioned by Eden. There are two supplemental
budget periods and one standard budget period per calendar year. He explained the timing for
these periods, and that supplemental budgets address unforeseen or changing circumstances
such as change orders. Spring supplemental is currently being prepared and will be
appropriated around June 1st. A supplemental request of this nature would be considered a
new project and would be subject to approval by City leadership and Council in addition to a
recommendation by this Board. A discussion followed in which thoughts on possible scenarios
were shared. Matt commented that the septic system is the least volatile to the City’s project;
water and fire suppression are the most integrated. The FC could build and occupy their leased
area with a septic system that meets their needs, and the City could deal with the other septic
needs separately. John mentioned that this is in line with the new leach field that is being built
at the moment; although septic for future housing is an unknown variable. Adam asked Matt if
he could speak with City leadership to see if they would entertain this idea. Matt replied that
the Board’s recommendation does not bind the City; the recommendation would bolster the
“ask” toward a matching of federal funding, but there are more steps beyond this. Dan
commented that he is more open to the septic being an item that the FC handles separately.
Adam mentioned that the lease discussion will not take place today with only three Board
members present. He suggested that Matt and John gather more information on septic and
then revisit this and the lease at next month’s meeting. Matt said that waiting until then would
probably make it a fall rather than spring supplemental request. Fall supplemental timing does
not work for Eden. Matt added that there is another potential avenue; it is an alternative
approach and would receive more scrutiny. Eden suggested making a motion and if subsequent
information is not favorable, the motion could be withdrawn. Patti added that rushing and
taking a piecemeal approach is probably not the answer, supporting a more unified approach. A
FC board member commented that it could be possible to return to piecemeal solutions if no
overall solutions are found, while losing the $1 million Omnibus funding. Eden commented on
the past three years of looking into septic, and that no overall solutions have been discovered.
Adam expressed discomfort with the time pressure to make an informed decision. Dan
expressed that he is happy to prioritize this above other projects, but he needs to hear from
staff that the only way forward it to have the FC have its own septic system. There was a
discussion about chances of discovering a holistic septic system. Matt added that cost numbers
were provided to staff today. He expressed that the City’s timeline is to have fire suppression,
water system, and septic, and housing complete within the next five years. It is least risky to
proceed with the FC having its own septic system. Supporting using the Parks fund to match
federal fund is not a hard story to tell if this Board supports that.
Ted made a motion to recommend a supplemental budget request for the septic system, and to
hear about feasibility at a later date. Dan seconded and the vote was unanimous.
New Business:
Work plan and 2024-2028 Capital Projects
Matt presented a “getting close draft” of the capital budget, mentioning the primary discussion
will occur in March. The budget process is: February OST initial presentation, Feb -Mar staff
review – budget review, March OST Board follow-up, April submission to Finance, Late Summer
to Fall operational budgets and Council review. Values include staff capacity, complexity (multi-
year projects, community impacts/perception), unforeseen priorities (acquisitions), community
impact (safety, asset preservation). Matt presented a review of financials, continuing with an
explanation of project delays: Maroon Creek Multi-use Trail (2024), Iselin Tennis and Pickleball
(likely a one-year delay), Herron Park bathrooms (TBD), Cozy Point Grading (TBD). At Cozy Point
there are four projects: developing a comprehensive scope of work, design and plan four
simultaneous projects, requesting a Project Manager to be added to our staff for this and other
facility projects. Projects that are moving up include: snowmaking feasibility and concept design
($150,000), AABC to Brush Creek Bridge Project ($250,000, County will propose matching
funding, in addition). Dan asked for more clarification of the AABC project; Matt discussed EOTC
requests and engineering work; he mentioned that initial funding was a three-way split among
the three entities.
Matt provided an overview of capital budget items for Cozy Point Ranch, explaining line items,
placeholders, priorities, and timing details. There are no new additions in the park overview;
current projects will be finished and new projects will pick up in 2025 and 2026. A theme of this
year’s budget is consolidating tasks for a unified approach. The Maroon Creek Multi -Use Trail is
the only new trail in the trail overview, other than the potential bridges over the Roaring Fork
River. For the campus overview, there will be a broad re-look at the entire campus in the out
years and there is a redevelopment of interior office spaces in 2024. Other considerations
include recreation facilities, strategy for acquisition, and projects or priorities that are missing.
Old Business, Continued:
New Castle Creek Bridge Update
Matt updated the Board: this topic went to the Council work session on Monday. The past 4-5
months have been an education phase to inform the public about the preferred alternative.
City staff prepared a request for proposals for review. Engineering and the City Manager went
to Council Monday night to ask whether they should proceed with the next phase (design,
analysis, and understanding how the 20-year-old record of decision applies today). Council
directed staff to slow down while the election window passes. Parks has been increasingly
engaged with this project as a stakeholder. Parks is keen to be a leader in this project to guide it
related to our principles and values especially because the right-of-way exists over open space.
A question was asked about how the alignment would affect the historic site; Matt explained
that the project is largely to the north of the historic site, however the potato shed would be
affected.
The Board decided to postpone the executive session item until the March meeting due to low
Board attendance at this meeting.
Board Comments: None.
Next Meeting Date(s): Regular meeting March 16, 2022.
Executive Session: N/A
Adjourned: Dan made a motion to adjourn; Ted seconded and the vote was unanimous.