HomeMy WebLinkAboutMinutes.OSB.20240718.Regular
MINUTES
City of Aspen, Open Space and Trails Board Meeting
Held on July 18, 2024
5:00pm at Pearl Pass Room, Aspen City Hall
City OST Board Members Present: Julie Hardman, Ted Mahon, Ann Mullins, Dan Perl
City Staff Members Present: John Spiess, Matt Kuhn, Michael Tunte, Brian Long, Micah Davis
Adoption of the Agenda: Ann made a motion to move Staff Comments to follow Old Business;
Ted seconded, and the vote was unanimous.
Public Comments, for topics not on the agenda: Matt read aloud emails from Howie (2) and
Adam (1) regarding topics on the agenda tonight; these Board members are not present at this
meeting and their comments via email are recorded as public comments.
Howie’s first email expressed his non-support for the use of the Marolt-Thomas Open Space
site for the proposed bike skills trails based on habitat values and the Board’s mission that
includes protecting undisturbed habitat. He suggested looking to other areas that are already
impacted such as Cozy Point Ranch. Howie cited the developments encircling Deer Hill as an
example of unfortunate impacts to quality habitat.
Adam’s email expressed his non-support for the proposed bike skills trails on the Marolt-
Thomas Open Space based on cumulative impacts on wildlife and habitat. Adam commented
that it is a difficult decision, but ultimately preserving this piece of habitat outweighs the
benefits of a bike skills trail there. He mentioned that in a valley where much development
occurs, this is a rare situation in which the Board has a role in preserving habitat and he
encouraged the Board not to recommend this proposed project.
Howie’s second email addressed Theatre Aspen’s proposed permanent facility in John Denver
Sanctuary. He suggested that a model of the proposed facility be constructed so that the scale
and mass of the theater building can be seen in context with the park surroundings and
adjacent buildings. He commented that there are many other existing activities and purposes in
the surroundings of the theater space (Old Powerhouse, City Hall, Courthouse, Rio Grande
Field, John Denver Sanctuary), adding that story poles should be installed to provide the public
with visual mass, scale and context of the proposed theater building. Howie commented that
while Theater Aspen proposes to operate the facility year-round, there are no guarantees. He
asked for Theatre Aspen’s proposed financial structure for operations and maintenance of the
facility. The final design should provide flexibility for other uses if the theater ceases to operate.
He mentioned the importance of theater events’ accessibility to the public, and that the
building should be designed for a 500-year flood (not a 100-year flood).
Approval of the Minutes: Ted made a motion to adopt the minutes Julie seconded, and the
vote was unanimous.
New Business: None.
Old Business:
Theater Aspen:
Jed Bernstein spoke about the question of permanence with regard to Theater Aspen’s
proposed redevelopment of their facility. He explained that Theatre Aspen first occupied its
current location in 1987 and that the organization feels it has a legacy in this location. He said
the question is not whether Theatre Aspen should be in the park; rather the question is in what
way should Theatre Aspen be in the park. Jed shared an incident in which public misconduct
outside affected access to public restrooms during a theater performance and showed photos
of the current facility to illustrate aspects the organization feels are inadequate. Jed
emphasized that a permanent and larger facility would help Theatre Aspen fulfill its mission and
serve the community.
Jed spoke about needs that the plan would provide such as state-of-the-art stage capabilities, a
fly space, front and rear projection capabilities, energy-efficient HVAC systems, new restrooms,
and 100+ annual days of availability for use by other community groups and public events. Jed
provided an overview of Theatre Aspen’s current programming. He mentioned the student
programs, local productions, programs in Parachute and Basalt, and summer story time
programming for young children. There are summer internships, local passes, and 700 free
tickets through the community program. On the topic of considering a smaller facility, Jed
commented that HVAC and restrooms alone would cost $8-10 million. In the current, revised
plan, the team has reduced the disturbance area by 36%. Jed explained that while shows do not
always sell out, expanded seating would allow sold-out events to help underwrite non-sold-out
events. Proposed technical improvements are integral to the organization’s advancement. With
a better facility, Theatre Aspen could consolidate and expand its positive impacts, such as doing
more with community programs and schools.
Ted asked if any funds have been raised; Jed explained that there are some financial
commitments, but approvals are awaited. Ted asked if there are plans for an endowment; Jed
said that this is part of their plan. Julie asked if programming in other locations would still take
place if the new facility is built; Jed explained that some consolidating would happen, but
certain programming would still take place off site. Ann asked if they would try to have a
regular schedule of performances during construction. Jed answered that construction would
begin in September and take about 22 months after which they would begin to use the new
facility. During construction, other venues would be used for continued creative operations.
Julie asked for Jed’s thoughts on a model and story poles. Matt explained that P & Z typically
requires story poles during the land use process; models could be requested by this Board or
Council to inform design.
Dan referred to questions on the monitor and explained the Board’s work today toward
consensus and a potential motion. Ann commented that she has seen such park space uses
work well and not work well. She expressed her support for Theatre Aspen on their site, and
the importance of an endowment. Ann said that the current design is more humble and works
well, and that the operation is a community asset. Ted commented that Theatre Aspen has
been a valuable partner for a long time and that the current plan is more palatable. He
expressed that he leans toward supporting the proposed permanent theater facility, or at least
continuing to move forward with the process. Julie commented that most people she has
discussed this with are supportive, however she is skeptical of the success of winter
programming. Julie commented that a third option could be important, toward something that
the Board can wholeheartedly support.
Ted commented that while everyone seems to agree that Theatre Aspen deserves a better
facility, everyone also feels uneasy about the proposed facility. Ted questioned the need for
year-round programming, noting that the facility would be permanent either way. He
mentioned that year-round programming feels like a red flag to the Board. Dan also questioned
the benefit of year-round programming, and asked if there could be a design that focuses on
HVAC and restrooms and maintains a temporary structure. He posed the question of whether
the concerns outweigh public benefit. Dan described the current style of the theater in the
park; the new facility would be more like Broadway in Aspen; he expressed that theater in the
park is a different concept, a summertime thing. Dan mentioned the importance of public
access, suggesting that a world-class facility might be beyond what is needed. He expressed
that he feels the concerns outweigh public benefit. Dan said the proposed facility would be a
highly specialized space, and asked how it could be more universally useful beyond theater.
Julie commented on impacts on wildlife that use the park space, suggesting that this should be
weighed equally as with the proposed bike skills trails.
Ann asked about the review process if the proposal gets support from both the Board and
Council. Matt explained that Theatre Aspen’s attorney and the City attorney are working on a
letter of intent that will spell out terms of a new lease which will likely be discussed in executive
session. If it goes through, Theater Aspen would start the land use process, a phase during
which this Board can make recommendations pertaining to scale, etc. The Board may also be
involved in options later in the design process. If P & Z supports the application process, it can
be recommended to Council to approve it. There can also be a condition requiring voter
approval. There are many options for paths forward. If the Board makes a recommendation
tonight, that does not set the proposed design in stone. Ann commented that she feels the
theater would be able to have a successful winter schedule. Dan and Ann expressed that design
for a flexible space should be a requirement. Dan added that he would like to make some
stipulations. Julie asked how the Board would create the stipulations. Dan mentioned that this
could be done via a motion or a memo. Ann commented that a shared, flexible space would be
good, adding that if Council decides the facility should be used by another entity, we could lose
Theatre Aspen and get a different entity that might have more, less, or the same success.
Dan suggested that approving with conditions allows this Board to still be involved in the
process. Matt prompted the Board to distill concerns down to two to three key items and
attempt to make a motion/recommendation now that includes those key items. Matt
expressed that it would be good to avoid asking Theatre Aspen to keep making changes which
we may not like. Lease area and permanence of the building are relevant to this Board’s role.
Certain other considerations, such as programming, may be beyond the scope of this Board. He
added that at a certain point, this Board is handing this process off to other bodies. This Board
has been focused on change of land use, and if this Board recommends a permanent building,
these concerns will not cease to be considered.
Dan expressed that the depth of excavation to the water table and the concrete required seems
extreme, adding that a minimally invasive structure and broad range of uses are important to
going in a good direction. Julie suggested specifying that broad use should pertain to use by
other entities rather than to programming. Ann emphasized that flexibility of use is a key factor.
She added that minimally impactful construction and visual impact are also important. Dan
explained that the complexity of the project is one of his concerns. Ted expressed that he hopes
concerns will be addressed as the project goes through next phases with other groups. Julie
mentioned that water table and streamflows will change in coming years, and that new
structure design must take this into consideration. Ann said that making a recommendation
with conditions will require Theatre Aspen to come back and make sure this Board is satisfied.
Dan mentioned that requiring an endowment is another important item, suggesting that this
could be a stipulation. Ted said that stipulations should be park-specific and construction-
specific.
Matt summarized that what he heard the Board moving toward: providing a motion of support
for a permanent building with these points being considered as terms to the letter of intent.
The letter of intent will be adopted by Council resolution, and that document may be the place
where these types of stipulations are recorded. This Board will recommend certain things that
are important to the Trails & Open Space Board; as these become negotiation points between
City Council and Theatre Aspen, they can consider these items from this Board. Ann clarified
that Council may choose this Board’s stipulations or not in the letter of intent. John mentioned
the Board’s concerns about public access and ensuring that the space does not become
privatized. Ann asked if the 700 free community tickets constitute public access. Dan suggested
that this might need to grow; he suggested that affordability should be a major component.
Ann and Julie commented that community passes sell out instantly; Ann posed that if the
facility is being expanded, community tickets should also be expanded. John suggested that
access could also be considered in terms of whether the public will be in and around the
structure when it is hosting an event or is it private, and whether the structure will impact
access to the river behind it. Dan commented that for him, affordability is the access issue;
suggesting that this should be a stipulation. Julie commented that this might be out of the
scope of this Board. Ann said that the Board can suggest it, and Jim True can cross it out if it is
not appropriate. Matt reminded the Board that they are making a recommendation and not a
decision.
Dan prompted the Board toward creating a motion that includes their key stipulations. Julie
expressed that she is still struggling with the recommendation. Ted commented that we all
agree that the facility needs some improvements, but none of us are comfortable with what is
proposed. He added that it seems like we recognize something permanent is appropriate but
we don’t know what that looks like. Dan asked Julie if there are certain considerations that are
deal-breakers. Julie mentioned that the size is too big. Mike suggested phrasing stipulations as
“the Board can support continuation of this project with the following considerations…”
Ann made a motion that the Board recommends that the applicant proceed with submitting a
land use application for this project with the following considerations: limited site impacts in
the construction of the building, flexibility and access for other organizations, and access for the
community to the surrounding park space and the programming on site. Ted seconded.
Dan asked whether Theatre Aspen can accomplish what they need in a tent, and expressed that
in an ideal world, he would like to explore an option where bathrooms and HVAC are
built/improved for the tent structure. Julie expressed agreement with this. Ann mentioned that
Jed said it would be hard to adapt what they have now to make the needed changes. Dan
suggested going further with limiting site impacts; he commented that he would like a less
complex building.
Matt commented that what he is hearing from the Board is that there seems to be interest in
reducing scope and scale during construction and/or with the final building. Matt spoke about
Dan’s comments on the integration of the structure into the environment and producing
strategies for design and construction that have a strong connection to the environment in a
non-invasive way. There was discussion about how to word the motion in general terms toward
what the Board would like to see.
Ann amended the motion as follows: … recommendation that the applicant proceed with the
land use application for this project with the following considerations: minimally invasive
construction process that focuses on environmental integration of the completed project,
further reduction of scope and scale, flexibility of space and access for other organizations, and
access for the community to the surrounding park space and the programming on site. Ted
accepted the amendment, and the vote was unanimous.
Marolt Skills Trail:
Matt asked for the Board’s final recommendation on this topic as to whether to proceed with
the project, including contributing funds (full, matching, maximum allowed, or none), or no
action. Ted expressed his support for moving forward with this project; he commented that this
site may not be perfect, but any site will have issues. Ann expressed support for this project,
mentioning that the site works well overall. Julie expressed her support for the project,
commenting that the site visit was valuable and the Friends of Marolt group seemed to
understand the project better at that visit. Julie mentioned support for matching funds. Ann
and Dan also expressed support for matching funds.
Julie made a motion to move forward with the Marolt Skills Trails Project with matching
funding. Ann seconded and the vote was unanimous.
Ann asked how this project fits into the budget. Matt said that staff will engage with Mike
Pritchard and determine funding. Budget presentations with City leadership will begin in about
four weeks; Matt will pencil in numbers as soon as possible with some conversations with
RFMBA. He will come back to the Board at the September meeting. Matt pointed out that this is
subject to Council’s appropriation; this will be reviewed in the budget process. If a majority of
Council members see this as a project they do not want to proceed with, they can remove it
from the budget.
Staff Comments:
Mary: staff kicked-off the public process phase of the Strategic Plan at the Saturday Market,
including promoting the online survey titled “Guiding Green,” which asks the community to
help chart the future of Aspen’s parks.
John: the leash ordinance will have its first reading on July 23rd, second reading on August 13th.
Matt added that this will probably be seen in the newspaper after the first reading; off-leash
play is being allowed in all parks with three exceptions (John Denver Sanctuary, Yellow Brick
Playground, and Herron Park). The second ordinance will be a public hearing. If people
approach Board members about this topic, they may express their comments at the second
reading on August 13th. John mentioned that the County (in partnership with the City and AVLT)
has begun an update to the Smuggler Mountain Open Space (SMOS) management plan.
Stakeholder outreach meetings have taken place, and we are now moving into public outreach
efforts. There will be a booth on Smuggler tomorrow where staff will ask users questions about
the SMOS. There is also a community survey that is open until July 26th; Board members are
encouraged to do the survey and promote it to friends and contacts. Ann asked when Herron
Park bathrooms will be installed. Mike explained that this will happen on July 23rd; he described
the process. Dan asked if this is the first SMOS management plan; John said the 2012 plan was
the first and that this effort is an update. He added that this will be discussed in a joint meeting
with the County on September 18th at 3pm. John introduced Shelly Braudis as the new Natural
Resource Manager for the City (former Recreation Manager for the White River National
Forest). Dan asked how the Maroon Creek Trail is proceeding. John said that it is on schedule
and there have been some additional budget expenses; major sections have been paved,
boulder work and landscaping are next. Mike added that the first of three slabs has been
poured for the pickleball courts. Julie asked what staff were working on at the Roundabout;
John explained that they were pulling weeds.
Matt: None.
Board Comments:
Julie: None.
Ann: None.
Dan: None.
Next Meeting Date(s): Regular meeting August 15, 2024.
Executive Session: N/A
Adjourned: Ann made a motion to adjourn; Julie seconded, and the vote was unanimous.