HomeMy WebLinkAboutMinutes.OSB.20241121.Regular
MINUTES
City of Aspen, Open Space and Trails Board Meeting
Held on November 21, 2024
5:00pm at Pearl Pass Room, Aspen City Hall
City OST Board Members Present: Julie Hardman, Ann Mullins, Ted Mahon, Dan Perl
City Staff Members Present: John Spiess, Matt Kuhn, Michael Tunte, Shelly Braudis, Laura Xaiz,
Mary Oliver
Adoption of the Agenda: Ted made a motion to approve the agenda; Julie seconded, and the
vote was unanimous.
Public Comments, for topics not on the agenda: Mike Pritchard from RFMBA commented on
Pitkin County Open Space Board’s recent adoption of the updated management plan for
Smuggler Mountain Open Space (SMOS) and thanked the City for its work in that process.
RFMBA looks forward to continuing to partner with the County and City on maintenance of
SMOS trails.
Approval of the Minutes: Ann made a motion to approve the minutes; Julie seconded, and the
vote was unanimous.
Staff Comments:
Matt: Skills Trail: Matt mentioned that Council approved the budget Tuesday during the second
reading. In that process, Council elected to withdraw funding for the proposed skills trail, citing
lack of support for a skills trail at the Marolt Open Space location. Council is supportive of the
concept of a skills trail, and asked staff to engage with Aspen Skiing Company (ASC) to restart
previous conversations about opportunities at Buttermilk. Matt and Austin met with ASC’s John
Rigney and Mack to share RFMBA’s work for the Marolt location and discuss potential for a
skills trail at Buttermilk. ASC is updating the master plan for Buttermilk, so it is a good time to
consider this potential concept. There was no commitment from ASC; Parks offered support
should ASC decide to move forward with a skills trail. Matt added that this highlights the fact
that Council may on occasion not support recommendations from this Board. Dan asked if the
topic of charging for use of the skills trail was part of the ASC conversation. Matt explained that
the discussion is in very early stages and that Parks’ support is tied to the idea of a free public
amenity. Julie asked whether previous research of location options was reviewed, mentioning
that appropriate slopes were a concern with the Buttermilk site. Matt explained that Parks’
outlook after having been approached by RFMBA about the idea of a skills trail and working
together over the last 3-4 years, was based on an amenity under Parks’ control and ownership;
this stemmed from the skills trail having been included in the Marolt Open Space Management
Plan as an item to explore. He said that during a past effort for planning in the upper valley
Buttermilk was considered, but it has not been specifically considered recently. Dan asked if
there is a precedent for a public/private trail concept. Matt replied that it would depend on
how it may manifest, and could involve an easement, lease, an agreement for operations; it is
too early to know. Dan asked if the land at Buttermilk is ASC-owned; Matt confirmed that it is.
New Business:
Charter Amendment, Q&A Ballot Measure, Jim True
Matt introduced Jim True and Kate Johnson of the City Attorney’s Office who were present per
the Board’s request to provide a Q&A for the Board regarding two potential upcoming ballot
items: one being the charter amendment to change the percentage of votes required to change
use of open space and the second concerning recognizing the existing CDOT right-of-way within
the Marolt Open Space.
Jim explained that the second item is also a proposed charter amendment and that it seeks to
add a provision under the charter to recognize that the existing conveyance that is consistent
with the record of decision is approved, and that any other amendments to the record of
decision would be part of that approval. This initiative would add a specific section to the
charter, 13.5. The first initiative concerning the 60% vote for a super majority would be
amended in section 13.4. Both items are charter amendments.
Dan asked for the language and John provided it on the screen. Jim said that both initiatives will
require approx. 300 signatures by December 3rd or 4th. Ann asked if Council would have the
option excluding these items from the ballot even if enough signatures are obtained; Jim
clarified that the items would have to be put on the ballot; Council would also need to approve
the ballot submission. Jim then focused on the language of 13.5, which approves the
transportation uses of the Marolt Open Space for the record of decision and any amendments
to that record of decision that occur in the future.
Matt mentioned that a question at the last OSTB meeting was whether a simple majority could
pass the initiative requiring a 60% majority for changes to open space uses; Jim said that this is
the case. Matt cited the Pride of Aspen exchange as a recent example of this code section’s
pertinence to different scenarios, not just the Marolt Open Space/Entrance to Aspen scenario.
Jim added that in these instances, it is usually a compelling situation that is very beneficial to
the City and the public and receives strong voter support. Dan asked for examples of other
decisions requiring a non-simple majority. Jim did not have specific examples locally, but
mentioned that it is not unusual in other communities to require super majorities for certain
decisions.
Ann clarified that the second ballot initiative is not a vote for the preferred alternative per se,
but rather keeps that option open; Jim agreed that this is correct. Ann asked if both initiatives
pass and Council decides on an alignment that involves the Marolt Open Space, would that
another vote and would it take 60% to pass. Jim said based on the way it is written, as long as a
future approval of a record of decision is for crossing only the Marolt Open Space, another vote
would not be required; however, it is drifts off of the Marolt Open Space, it could require a
vote, and that if the super majority initiative is approved, it would take 60% to pass. Jim also
pointed out, in reference to the last two all caps sentences of the ballot language, that this
requires that an election must be an even year November election or a general City election in
March. Jim mentioned that this is important because otherwise the vote could be done in a
special election or an odd year November election.
Dan asked if the right of way has in fact already been conveyed to CDOT. Jim said that is has
been, but with limited uses: 2 lanes of auto traffic and a light rail corridor, per the 1996 vote.
The record of decision goes beyond this to state that until light rail can be financially viable,
that corridor could be used for bus lanes. Jim expressed that his opinion is that a change to bus
lanes would require another vote, and that CDOT does not necessarily agree. The second ballot
imitative would confirm that vote toward the record of decision; this acknowledges Jim’s
opinion on the need for a vote. Dan asked for clarification of which takes precedence: the 1996
ballot language or the record of decision language that mentions bus lanes until light rail is
viable. Jim explained that the vote was clearly for two lanes of traffic and light rail and no other
uses as stated in the ballot, and that despite the 1998 record of decision mentioning bus lanes,
another vote would still be required to make bus lanes. Kate mentioned that the vote history
and Jim’s memo are available on the City’s website.
Matt asked if this Board could make a statement of opinion on these initiatives. Jim said that
the Board can take formal action to endorse or oppose a local ballot issue by passing a
resolution, but it can’t spend money on promoting or advertising. As individuals, Board
members can participate in the election in any way they would like, however they should
refrain from identifying themselves as Board members in doing so.
Ted posed the question of whether these initiatives passing could affect other projects apart
from the Marolt Open Space and entrance issue, such as other trails, restrooms, etc. Matt said
that the Theater Aspen project could be affected by this. Jim agreed that if the open space use
charter amendment passes, the Theatre Aspen project may be evaluated differently. Jim added
that, other than Lift One, previous votes involving open space are generally strong. Matt asked
if the Board wants to take a position, would it be wise to wait until either of the citizen petitions
are certified by Council; Jim said yes. Dan asked for the language of the counter measure, John
will get it. Dan asked if the counter measure passes, it enables Council to move forward with
the preferred alternative without further votes; Jim said yes.
Dan commented that these charter amendment initiatives could potentially be certified in
December, and the Board could discuss an endorsement in January or February; Matt said he
would add a placeholder for January’s meeting.
2025 Capital Projects, Matt Kuhn
Matt provided an overview of what has been approved heading into the 2025 budget season.
The ranger team received a grant from CPW (approx. $118,000) to update the archery range at
Cozy Point Ranch. In conjunction with this, the large compost storage pile adjacent to the range
will be used to create a new landform to shield the range from noise. Koch Park volleyball
courts will be renovated. Ann asked for clarification of the problems at Koch Park. Matt said
that the non-beach sand generates dust and is a health concern; the sand will be replaced with
volleyball sand and the general park design will not change. The playground at Wagner Park will
be replaced to provide a variety of play opportunities guided by stakeholder engagement.
Interpretive signs around Aspen will be replaced with updated content and materials. Paths at
Glory Hole Park will be renovated, and design efforts continue for Conner Park. Ann asked if
Council has settled on plans for the armory, and whether design work makes sense before this
is determined. Mike explained that if the armory building is renovated, Parks is ready to work in
concert with those plans; otherwise they will not be making changes to Conner Park for the
time being.
Burlingame Ranch Wildlife Study, Shelley Braudis, Lara Xais, and Jonathan Lowsky
Shelley introduced wildlife biologist Jonathan Lowsky of Colorado Wildlife Science, LLC and
presented the wildlife report he produced for Burlingame Ranch Open Space (OS), which will
become part of a management plan for this property. Shelley explained the two questions for
the Board for this discussion: whether they agree with the report’s management
recommendations and whether they agree with staff’s recommended management actions that
will feed into the future management plan. Shelley reviewed history of the property and
surrounding neighborhoods. Based on existing and planned development, this open space,
which is heavily used by deer and elk, will be surrounded by 740-773 residential units. Shelley
shared images to show corridors wildlife use to move through Burlingame Ranch OS to the
Roaring Fork River and National Forest. Sagebrush and Gambel oak-mixed montane shrubland
are very important habitats for deer, elk, bears, and many more wildlife species; these two
habitat types make this open space especially important.
Survey work was conducted via transects between September and May. 985 detections of 11
mammal species were recorded; 46% of these detections were mule deer, 37% were elk. This
property is used by both deer and elk year-round, and notably by elk that remain late into the
season which reflects the habitat quality. During surveys, 36 species of birds were detected,
including species that are more and less tolerant of human activity. Wildlife cameras captured
images of wildlife during every hour of the day; 492 unique occurrences of wildlife were
recorded with infrared camera data posted September through May. Jonathan pointed out that
wildlife activity peaked twice daily, at dawn and dusk, and despite human activity at Burlingame
and the AABC, wildlife was active all day long, all year long. Humans and dogs use the open
space as well. Additional development in this area could have significant impacts on wildlife.
Shelley shared Jonathan’s wildlife management recommendations and staff’s wildlife action
recommendations. Julie asked where wildlife cameras were located; Jonathan showed maps of
transect points for foot surveys and locations of the six wildlife cameras. Ted asked about
quantity of existing social trails; Shelley said that a number are present although none are very
well-worn. Jonathan said that he saw the same people walking dogs in all seasons on these
social trails; he also documented wildlife on these trails. The formal trails surrounding this area
provide alternatives.
Management recommendation highlights include: keep habitat in its current form as much as
possible, reduce non-native cheatgrass, continue to survey birds for population trends and use
patterns, avoid making additional trails including social trails (except for any future need to
complete a perimeter trail), restrict people and dogs to existing formal trails year-round,
prohibit dogs in the open space parcel, require dogs to be on leash on formal trails, and
increase public awareness of these recommendations through education. Julie asked if some of
the recommendations are currently in place. Mike mentioned that dogs are not allowed at
Burlingame neighborhood.
Shelley explained that most management action recommendations are very similar to the
report’s recommendations, including a general survey interval, avoidance of creating additional
trails (but allowing for completion of the connector trail if determined that it would not
adversely affect wildlife), and to restrict people and dogs to existing formal trails throughout
the year. Certain management actions would require additional funding. The City and AVLT hold
conservation easements. A grant proposal is underway for funding to control cheat grass.
Additional staff time would be required to monitor dog and human infractions and
development of new social trails and restoration of those trails. Jonathan added background
information on non-native cheat grass, which is the greatest ecological threat to the West. This
cold season grass is not valuable to wildlife and forms spreading monocultures. There are
treatment programs for this grass, and native understory vegetation that is valuable to wildlife
can be restored. Dan asked for clarification of existing formal trails around Deer Hill; Shelley
pointed out these trails. Dan asked for clarification of avoiding additional trails; Matt explained
that formal trails will not be expanded and social trails will be closed and restored. Shelley
added that education would be a key part of this effort. Jonathan added that winter is a critical
season for wildlife and that this is an especially important time for people to not enter the open
space. Connections to the Roaring Fork River and Soldner property areas are part of what
makes this area so important for wildlife.
Dan commented that concerns seem to focus on future pressure, as in the Lumberyard
development. Shelley mentioned that the management plan phase presents an opportunity to
bring management actions to the parcel that haven’t existed in the past. Matt added that this
wildlife survey project came in part from request by this Board; Howie had asked for a baseline
to help understand the pressures on the parcel and to consider management actions that limit
impacts of human activity on and around the property. These interim management actions
recognize that there will be future changes and provide a basis for comprehensive management
actions going forward. Matt highlighted the importance and uniqueness of this property in the
City’s open space portfolio; it is one of the most strongly intact native areas with rich wildlife.
This management plan will be developed next following that of Ute Cemetery.
Dan expressed that he feels the status quo is working with regard to dogs, and that these
management actions will have impacts on residents with dogs. He expressed that he feels off-
leash dogs on the trails would not cause significant issues. Matt stated that the City code that
this Board approved and adopted stipulates that all dogs must be leashed on all trails, both
soft- and hard-surface; these dog leash recommendations do not represent changes. Ted
expressed that it is fortunate that this landscape is healthy and that these recommendations
are a good starting point; it is a good opportunity to formalize these recommendations with the
number of existing and upcoming residential units. Dan commented on whether human use
should be prohibited or discouraged. Shelley added that an option could be prohibiting human
use in winter. Matt said that he would look to Jonathan to provide recommendations, noting
that it would be straightforward to educate about a winter closure to human use. Matt
mentioned that public lands are important resources for humans to experience nature;
occasional meandering here is likely fine, but controlling social trails is important. This Board
decided not to pursue a proposed trail over the top of this open space in 2017, and that
decision has been respected since then. Matt said he feels prohibiting human use in winter and
allowing “light moseying” in summer would be a good approach.
Dan commented that access from Lumberyard is less inviting than from Burlingame given
natural barriers. He expressed that he is not supportive of prohibiting human access. Julie asked
if deer and elk are present all year. Jonathan said that deer and elk are present all year, and
that winter is the most sensitive time of year for these animals and their survival in severe
winters. Disturbances in winter threated their survival. Matt asked where these elk typically go
for calving; Jonathan said the elk using Deer Hill are most likely coming from Smuggler, Hunter
Creek, and Red Mountain. Lara added that a study of deer survival in Wyoming during the big
snow year of 2022 recorded losses of as high as 70% of collared adult deer and 100% of collared
fawns, underscoring the importance of managing for wildlife with severe winters in mind. Dan
suggested that management could be contingent on development of the Lumberyard; status
quo may continue and guard rails could be put in place for any future changes. Ted expressed
appreciation for the value of the wildlife report and his support for winter closures, examples of
which have been successful and important in other places in the valley. It is important not to
assume that everyone will behave well, and to put limits in place.
Matt said that the Board may make a recommendation of support at this meeting or at a future
meeting. He expressed that staff’s position aligns with Howie’s in that things are working
relatively well and that the wildlife report highlights the strong presence of wildlife. Matt
emphasized that significant growth and associated pressure are on the horizon. Future
considerations could be simple things like installing a split rail fence. Lumberyard density is
greater and more units are rentals. Shelley added that there is no immediate trail access like
Burlingorge for Lumberyard residents. Dan asked if staff recommend closing the Connector Trail
in winter; Matt said no trails would be closed, rather people would be limited to staying on
formal trails. Ann commented that this area is an island and that continued surveys would be
important, and that erring on the most conservative measures to protect the hill is important.
She said she would not want to see impacts occur; everything should be done now to protect
Deer Hill. It is easier to ease up in the future than to increase protections later for this unique
property. Dan asked to return to the questions for the Board on this topic, suggesting a straw
poll. John mentioned that recommended management actions are the focus. Matt said that a
recommendation is not necessary at this point.
Mike Pritchard of RFMBA commented that many people have wished for trails on Deer Hill and
it is helpful to remember the Board’s prior decision against developing a trail across the top. He
suggested a soft-surface trail parallel to hard-surface trails to provide a different trail
experience for foot traffic with interpretive signage. He suggested this idea as offering pressure
relief. Julie asked for more information on the potential connection behind the Pass Go
development. Shelley explained that it would connect the hard-surface with the soft-surface
existing trails, keeping it low on the slope to minimize impacts to habitat and wildlife. Matt
commented that there are pros and cons to a perimeter trail, and there will be discussion
around this. Terrain makes a perimeter trail somewhat complex.
Dan expressed his non-support for the recommended management actions; he feels staff
should not be monitoring dogs on the trails or that human use of the space should be
prohibited. Ted commented that he sees the management recommendations as putting
existing conditions into formal form; he expressed his support for the recommended actions.
Julie commented that she supports the recommended management actions and protecting the
area. Ann expressed support for the recommendations and would like to see more protections
on the site such as limiting trails to the perimeter trail and perhaps a fence. She commented
that these are good management actions but that they don’t protect the space enough; she
would like to see protections go further. Matt said that this input gives staff sufficient direction;
staff will continue to work with Jonathan and will implement these recommendations in the
next year. Staff will come back with reports in the next year or two.
Old Business:
Strategic Plan Update, Mary Oliver
Mary shared highlights and findings from the community outreach surveys conducted during
summer and fall 2024 for the Strategic Plan, which outlines goals for the Parks and Open Space
Department for the next 5-20 years. Outreach activities included gathering input from three
focus groups: recreation and athletics, open space and environment, and trails. The survey was
promoted at various events over the summer including the farmer’s market, pop-ups in parks,
the online survey and more. The survey had 35 questions and was organized by six themes.
Survey findings are the focus of today’s discussion. Mary provided high-level takeaways from
the survey in which 155 people participated. All respondents were trail or nature enthusiasts.
Top activities included: trail users, time in nature, time by water, dog walking, and more. 93% of
respondents were daily and weekly users of trails; 81% were Aspen residents. The greatest
response was from adults ages 25-64, the majority of whom were women. 28% of respondents’
households have dogs.
Mary shared results to survey components designed to gather insights into how people felt
about current conditions of Aspen’s parks: overall results indicate people are highly satisfied;
89% felt very welcome in the parks. When asked what improvements are needed in parks, the
most frequent answer was “none of the above;” 44% felt no improvements were needed and
74% indicated park conditions are great. Matt added that the City’s annual citizen survey, which
is done in a statistically valid manner, yielded data that supports these results to an even
greater extent. The City of Aspen ranks highest of all the communities this survey company
works with in terms of public satisfaction with parks and trail resources. While the Strategic
Plan’s survey is not statistically valid, it provides confirmation of the fact that the community is
very happy with its park and trail amenities. A discussion followed concerning the number of
survey respondents which was 155 people, but nonetheless it was a strong response for a local
survey on a non-controversial topic.
Mary shared highlights from the six survey themes. Regarding recreation, the survey gathered
comments on which recreational opportunities should be updated, enhanced, or added to
Aspen’s parks and trails. Trails were the most popular topic in responses; people expressed
interest in unpaved trails, access to water (trails near rivers, places to wade, more paddle
boarding/swimming opportunities), dog parks, paved trails, and playgrounds. Respondents
indicated a medium level of priority regarding community-oriented and community-gathering
amenities, and lower priority topics included single-use amenities such as soccer and baseball
fields (although most survey respondents indicated that didn’t use these facilities; input from
athletics groups has helped fill in this topic). Regarding trails, the survey asked how Aspen’s
trails could be enhanced or added to in the 5-20 years. Top responses included connecting
missing links for regional trails, solutions for e-bikes, solutions to support fast and slow trail
users, and expanding unpaved hiking trails. Lower priorities included additional maintenance,
volunteer programs, and adding ADA accessible features to trail systems. There was a lot of
feedback on e-bikes in the comments section, expressing everything from banning them to
allowing them on soft-surface trails. The survey asked how people would like trail speeds to be
managed; 47% wanted stricter trail speed management while others supported continuation of
the current softer approach with expanded signage, education, etc. – this group combined with
those favoring a stricter approach represented a total of 53% of responses.
Regarding community, the survey asked how parks could best support building community. The
top response was expanding the community gardens (39%), followed by increasing shade in
downtown by planting more trees, and supporting activity and gathering amenities. Lower
priorities included art installations, volunteer programs, and educational programming.
Regarding open space, there was an emphasis on conservation and wildlife protection with the
top priority being wildlife and habitat protection, followed by preserving open space for future
generations, and preserving corridors. When asked whether Aspen should prioritize natural
resource protection or outdoor recreation on open space, 61% favored equal prioritization of
both and 31% favored natural resource protection. Regarding sustainability, there was support
for saving water (replacing turf with native planting, reducing irrigation) and planting additional
trees for shade; lower priorities included educational programming, display gardens, and
research partnerships. Regarding ways to share history and culture in park spaces, top priorities
included conserve historical and cultural landscapes, interpretive exhibits, and revitalize and
highlight historic elements. Lower priorities were supporting art installations, classes and tours,
and inventories of historic features.
Board members discussed survey comments and the value of this feedback, noting the amount
of e-bike comments. Ted commented that the pie charts were clear and overall responses
seemed positive. Ann mentioned that responses seemed balanced, which is a great starting
point. Ann asked about next steps. Mary said that current work focuses on inventory analysis,
and final steps on community outreach, and using that information to form goals and actions.
Once the strategic plan document is assembled, it will be shared with the Board. In the spring,
the Board will be asked for a motion of support and it will be presented to Council for formal
adoption. Ann commented that accessibility should receive more attention in the strategic plan
even though the topic didn’t receive a lot of attention in survey results. Dan commented that
this is a government responsibility to provide. Mary mentioned that Challenge Aspen provided
valuable input and advocacy. Matt added that there are many opportunities throughout parks
and trails to include and develop accessibility where feasible. John commented on the need for
accessibility on the archery range trail. Mike commented on community partners that have
provided input on accessibility at the Wagner Park playground as another example.
Board Comments:
Julie: Oklahoma Flats trail needs attention to address excessive ice.
Ted: brought up indicating attendance at Board meetings; Board members should “reply all”
upon receiving packets.
Ann: None.
Dan: suggested winter trail maintenance philosophy as a future meeting topic (goals as a
system, feedback on trail use and needs of constituents).
John added that a trail counter in place on the Maroon Creek Trail between October 6-
November 6 recorded 7,000 users. This confirms the need for and value of this new trail.
There was a discussion about whether to hold an OSTB meeting in December and it was
decided to cancel this meeting. Ann asked for ballot issues to be on the January agenda; John
will send language to Board members.
Julie asked about post-event conditions and related extended closures of parks. Matt will follow
up with her on this topic.
Next Meeting Date(s): (December meeting was canceled.) Regular meeting January 16, 2025.
Executive Session: N/A
Adjourned: Ted made a motion to adjourn; Julie seconded, and the vote was unanimous.