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HomeMy WebLinkAbout2016_09_15 OSTB and COA joint Reg Minutes_S MINUTES OPEN SPACE AND TRAILS BOARD AND CITY OF ASPEN OPEN SPACE JOINT REGULAR SESSIONS September 15, 2016 City Hall; 130 S. Galena St.,Aspen OSTB Regular Session in Sister Cities Meeting Room OSTB Present: Hawk Greenway, Chair; Graeme Means, Howie Mallory, Tim McFlynn, Wayne Ives Staff Present: Gary Tennenbaum, Lindsey Utter, Janet Urquhart, John Armstrong, Fran Soroka, Dale Will Others Present: Erik Skarvan Media Present: The Aspen Times, Scott Condon Hawk Greenway called the OSTB regular session meeting to order at 11:05 a.m. PUBLIC COMMENT Sundog Athletics owner/operator, Erik Skarvan reported that he has purchased liability insurance and is in the process to comply with OST's commercial user permitting requirements. He was able to have his court case continued to mid-November. Mr. Skarvan explained to the board that he finds the permitting requirements confusing and inequitable when comparing the permitting costs are the same for large commercial operators and for small one-man commercial operators. The board expressed appreciation that Mr. Skarvan is working toward compliance and that he has brought the permitting requirement issues to the board's attention. OST will inform Mr. Skarvan when commercial permitting requirements discussion will be on a meeting agenda. The board encouraged Mr. Skarvan to continue to settle his ticket through the court. APPROVAL OR THE MINUTES Graeme Means moved to approve the OSTB regular and executive session minutes and joint BOCC regular and executive session minutes of September 6, 2016 as presented. Tim McFlynn seconded. Motion passed. (5-0) Intergovernmental Agreement(IGA) with Colorado Parks and Wildlife—Deer Creek Revisions suggested at the September 6th meeting are incorporated in today's IGA agreement and presented at this meeting for final OSTB approval) Gary Tennenbaum led discussion and explained the CPW is in agreement with the IGA language. Discussion: Howie Mallory questioned why a lease was not included. As per the County's Attorney's office, a lease is not needed. When the IGA is signed by both agencies it is a binding agreement. The Attorney's office plans to expand the IGA with some additional lease language. Howie also questioned the operation and status of irrigation system. The irrigation valves are the issue and instead of using six there may only be the need to use two, Gary responded. The equipment remains, but CPW may want to automate parts of the system which would be discussed with OST. Gary added that CPW's tenure on the property will include annual operating plans just like 1 2016.09.15 OSTB public packet materials:Intergovernmental agreement between Pitkin County and the Colorado Parks and Wildlife regarding the management of Deer Creek Open Space. 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 1 of 8 what is required from an agricultural lessee. The operating plan will review any property operating changes. Hawk Greenway commented that the knowledge gleaned from CPW's presence on the property will be beneficial when drafting the eventual management plan process. Tim McFlynn wanted to emphasis that the IGA is within the context of a future management plan scheduled for 2018. A closure will remain on the property that leads to Arbaney Gulch, effectively closing access through Arbaney Gulch up to the Arbaney-Kittle Trail and the public lands beyond until a management plan is completed. This IGA provides the opportunity through CPW's presence to assess the wildlife and habitat of the property and the Gulch leading up to the public lands. His referenced comments are the context that make the IGA a win/win proposition for both agencies. See board action below. BOARD COMMENTS Howie commented that the realignment of the OST program has not received press attention. Gary reported that County Manager Jon Peacock had contacted both local papers and neither paper felt it was newsworthy. Scott Condon was in attendance and when asked by the board responded he would be happy to do an article about the changes for The Aspen Times. Graeme Means commented on the proliferation of noxious thistles and how OST could promote best ways to eliminate thistles. Gary said he would check with Melissa Sever, Pitkin County's weed program coordinator, about how OST could help promote educating the public. BOARD ACTION IGA with Colorado Parks and Wildlife—Deer Creek Wayne Ives moved to recommend to the BOCC to enter into the intergovernmental agreement with Colorado Parks and Wildlife for the leasing and management of Deer Creek Open Space. Tim McFlynn seconded. Motion passed. (5-0) Dale Will entered at 11:20 a.m. EXECUTIVE SESSION The OSTB moved to enter executive session in accordance with CRS 24-6-402(4) (a) and(e) for the purpose of discussing acquisitions and negotiations at 11:25 a.m. The OSTB adjourned executive session at 12:20 p.m. OSTB and City of Aspen OS Joint Regular Session in Council Chambers OSTB Present: Hawk Greenway, Chair; Graeme Means, Howie Mallory, Tim McFlynn, Wayne Ives COA OS Board Present: Phillip Jeffreys, Charlie Eckart, Gyles Thornely, Jessie Young, Jim Stark (Howie Mallory is a member of both boards) 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 2 of 8 Pitkin Staff Present: Gary Tennenbaum, Lindsey Utter, Janet Urquhart, John Armstrong, Fran Soroka COA Staff Present: Austin Weiss, Molly Somes, Jeff Woods, Tom Rubel, Brian Long Others Present: Scott Hicks, Aspen Country Day School (ACDS); Jenny Elliott, Aspen Music School (MAA); Chris Davenport, parent-ACDS; Reenie Kinney,parent-ACDS; Cooper Means, Aspen TREE; Eden Vardy, Aspen TREE; Michelle Bonfils Thibeault, Aspen Equestrian Team Charlie Eckart called the City of Aspen OS Board meeting to order joining the OSTB meeting in progress at 12:35 p.m. Castle Creek Trail Planning Charlie Eckart opened for public comment the Castle Creek Trail planning discussion. Gary Tennenbaum added the Castle Creek Trail has been a long-standing project for both the County and the City. The purpose of today's meeting is to re-engage the community and a chance for both boards to discuss in a joint meeting their priorities and levels of project involvement. Public Comment: Scott Hicks, Aspen Country Day School (ACDS) and Jenny Elliott, Aspen Music Festival and School (AMFS) referenced their support letter submitted jointly by each entities' board of trustees urging the City and County to prioritize building the long-needed trail along Castle Creek Road. Their presence verbally echoed their boards' positions and encouraged the COAOS and OSTB to make the trail a high priority. They both spoke of the continued dangers encountered by student bicyclists and walkers when commuting to the campus area. They described how both entities have been involved advocating for a safe trail and levels of their monetary commitment to bring this trail project to a reality. They referenced how a completed trail would benefit the whole community; fit in with the City of Aspen's Canary Initiative and the County's master plans. Aspen Country Day School parents Chris Davenport and Reenie Kinney spoke about the safety issues and how the project has been on hold for over a decade. They referenced that the City and County are both environmental and trails leaders yet there is no safe biking/hiking trails to safely commute to school. They showed a video they created illustrating what the current biking/hiking commuting conditions are along Castle Creek Road. Discussion: Charlie Eckart commented both boards are aware that the project has been deferred for many years and would like to explore ways that the City and County could expedite the project. Both entities have dedicated planning budgets in 2018. Howie questioned what type of Castle Creek work is projected for 2018. Austin responded from the COA perspective that 2017 budget and staff time is committed to the Castle Creek Bridge project and not the trail. From the County perspective, the project is not a funding issue but a staff capacity issue for 2017. The County would need the City to fully participate as a partner. Charlie questioned if outside consultants could be used to speed up the process. Gary responded the project would require outside consultants anyway and at a minimum it would be engineering consultants needed. Gary continued that the project requires a large public process component 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 3 of 8 and anticipates possible opposition that previously derailed the project. Staffs would still need to direct the contactors, participate in the governmental processes and oversee consultants conducting a public process. From the County's side, the Crystal Trail to Crested Butte project was selected as one of the Governor's 16 for 16 Colorado trail initiatives and that large planning process has also been prioritized by the OSTB and BOCC. The County does not have the staff capacity to take on two huge complicated planning endeavors plus other existing priorities in 2017. The County feels it has accelerated the planning effort for Castle Creek by including it in 2018. With the potential to build in 2019. Austin added City staff would not want to contract out the public process. Jim Stark asked about the previous trail alignment planning work. Austin responded the City had conducted thorough study of potential trail alignments. The previous alignment and design work will need to be revisited. Jim continued, could private sector dollars be used to jump-start the project before the public process by reviewing the previous alignment/design work? Gary follow-up that utilizing a contractor to review previous work could be considered before entering into a public process. Gary would want to confer with OST staff and with the County's Engineer. The County's Engineer is currently working on the Basalt underpass. Noting that both departments are working at capacity, Gyles Thornely questioned whether any safety improvements like jersey-barriers could be used in the interim. Gary responded the only safety improvement option he sees would be cutting back vegetation areas to improve sight lines. The roadway is extremely topographically constrained. Hawk Greenway shared his frustration as a 2006 OSTB trustee member that prioritized and funded the trail which was ultimately derailed by legal actions,preventing the project from proceeding. He suggested both City and County share the cost for a designated person to work on this project. Graeme Means commented as a frequent Castle Creek road cyclist that the video demonstrates the extreme dangerous safety issues. Noting that a safe trail is needed, he continued that the trail is not a recreational trail and would primarily be used the two user groups, ACDS and AMFS. And with potential trail opposition,both ACDS and AMFS communities will need to step up and support the whole trail project process. For the benefit of those at the meeting, Graeme continued that if Pitkin County's OST reauthorization ballot question passes in November, the OST program will gain the increased capacity to fund projects along county roadways. Based on the premise that the ballot would succeed, Hawk suggested adding an analysis of how OST's new authority to fund within road right-of-ways could make a difference to the previous trail alignment planning. Tim McFlynn agreed that the presented video illustrates the dangers better than words and that the trail is long overdue. He commented that the issue is not about changing existing work priorities, but where can additional resources come from to move the project move forward. He continued that outsourcing professional contractors for the public process component would add staffing capacity for the public open space program. Marshalling external resources could shorten the project time frame without displacing other program priorities. Activating the involvement of both school's communities would be key to making this trail a reality. 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 4 of 8 Howie Mallory asked whether AMFS could spend their dedicated$250,000 toward the project's planning. Ms. Elliott responded she would need to conifer with AMFS board whether the dedicated funds can be spent on planning. She continued that AMFS board would want assurance that a trail will be built. Summary COA and County staff will explore possible ways to jump start the Castle Creek Trail project. Next step will be for both open space programs to recommend to their governing entities. COA and County staffs will provide updates at their board meetings. Phillip Jeffreys added the COA OS board is a recommending board to the City Council. And spoke to those attending to 'help us help you' by submitting support letters directly to City Council. Tim McFlynn recommended that trail supporters submit their letters to the Pitkin County Board of County Commissioner. Draft Cozy Point Ranch Management Plan2 Austin Weiss introduced Molly Somes as the new member of the City OS planning team who has been working on the management plan. Austin began the draft plan presentation by reviewing the chronology of the plan's central property, Cozy Point Ranch starting from the City's initial 1994 purchase to becoming part of the City's open space program in 2003 to July 2014 when City Council, Open Space board and staff were inspired by the property's leasehold operator, Monroe Summers, to consider ways to connect people to the land. Monroe passed away later that summer. The management plan process started in 2015. Austin added that Cozy Point Ranch and the adjacent open space lands included in the management plan represent the `gateway' to Aspen and the Town of Snowmass Village. City staff sees the draft plan ultimately as a 20-year guiding document with action items broken down into short-term, mid-term and long-term implementation providing direction on how to move forward. The primary goal is ecological restoration: Brush Creek and Cougar Creek restoration and riparian interpretation/education opportunities, and restoration of areas that have been heavily impacted by ranching activities over the past 100 years. The draft plan's over- arching theme is how sustainable measures can be best applied over all aspects of these lands included within this management plan. Including equestrian activities areas, agricultural endeavors, enhancing the archery area and rehabilitating worker housing and restoring historical structures like the iconic Red Barn. Enhancing trail connectivity is another planning goal. Many stakeholder groups have contributed their visions for this land assemblage. The overwhelming vision has been to maintain the character of Cozy Point Ranch as a working ranch. Options for how to achieve sustainable agriculture has been explored with outside experts in the field. There are opportunities to bring fallow agricultural lands back to life, expand agricultural uses and explore whether Cozy Point Ranch can provide local food to Aspen. Aspen Valley Land Trust (AVLT) is supportive of the draft plan's vision/direction. City staff will open the draft management plan for a thirty day public comment period. City staff will conduct an open house, date and place are still to be determined. Staff anticipates bringing a final plan to the City Council for approval by year end. Lease area RFP processes will follow. 2 Draft Cozy Point Management Plan was included in the public meeting material for 9/15/16. The document can be viewed online by going to the OST agenda page at pitkicounty.com/ost 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 5 of 8 Discussion: Jessie Young asked how Cozy Point Ranch was managed between 1994 and 2000. Jeff Woods responded the land was originally purchased to preserve the entrance to Aspen. During those years the City pursued best uses for the property that would preserve the agricultural presence. Several different entities leased the property unsuccessfully. In 2000 the City utilized the RFP process to select a long term management team to lease the property. Jeff added around 2001 or 2002 the City considered selling the ranch property and those discussions were tied in with the Burlingame development discussions. Ultimately the City decided to preserve ranch parcels as open space and also added a conservation easement held by Aspen Valley Land Trust preserve the land and restricts uses that can occur on the land. Cozy Point Ranch represents the linchpin between Sky Mountain Park and Roaring Fork Gorge open space parcels. Tim McFlynn added the last owners of Cozy Point Ranch were about to develop the ranch into a private 'Lazy 0' type ranch development. Fritz Benedict, Connie Harvey and Tim met with and convinced the City that this land represented the entrance to the Aspen and TOSV communities and should not be privatized. Hawk noted the draft plan speaks to enhancing wildlife habitat, but how does the draft protect wildlife migrating across Hwy. 82? Staff responded that the wildlife enhancements are focused within the riparian corridors. Howie asked if there is any logic to the location of current uses on Cozy Point Ranch. The riding facilities have been utilized since the early 1980's. Staff will be examining if there are better location options. Howie brought up two other points. The concept of true sustainable local food production, not hay productions needs to be stated boldly within the plan. More assertive about local food production. Austin responded that AVLT is fine with mobile structures outside the activity envelope. Second point is the plan does not address how to finance the action recommendations. Graeme disclosed his association with Aspen TREE and then commented as an OSTB Trustee. He noted the success of the management plan will depend on prioritizing Brush Creek and Cougar Creek restorations. He noted other sustainable practices could be added to the plan such as rainwater collection, greywater and innovative septic practices. He continued that sustainable agriculture received the most favorable comments, yet current agricultural lessee is only on acre of land. To achieve the draft plan's goals the agricultural opportunities would need to dramatically increase to produce food. Graeme noted that the draft has on-site housing as a long- term goal, yet agricultural consultant, Joe Salatin had noted the importance of on-site housing for agricultural endeavors. Graeme felt on-site housing could be made a short-term or a mid-term goal by restoring the pan-abode, with trailers, or tiny-house options. Graeme also suggested including the AVLT conservation easement in the management plan. Austin responded he is working with AVLT to re-write and amend the conservation easement and to re-define the activity envelope. Jeff Woods added the current AVLT conservation easement activity envelope allows for a 4,500 sq. ft. building. Graeme continued with additional suggestions for the plan. The plan needs some guidelines in regard to greenhouses. The draft plan does not speak to what the esthetics would be to signify the area as the entrance to Aspen and TOSV. He suggested that the City consider a dog off leash area in the management plan. Graeme suggested that the 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 6 of 8 paragraph located on page 5 describing the plan's major themes should be highlighted and place in a prominent location in the plan. He also commented that trail connectivity is part of Pitkin OST's mission and would assist addressing the obstacles the plan faces to cross Hwy 82, Brush Creek Road and seek options to find trail linkage to the Aspen Airport Business Center. Tim commented he wanted to add on to Graeme's comments. AVLT's conservation easement is the guiding document for permitted uses of the land and guides what can occur on the land. Tim applauded the draft plan's ecology and restoration emphasis. Brush Creek riparian restoration is an opportunity for Pitkin and City open space to partner. Tim complimented plan's educational opportunities for children and families. He suggested he would like to see in the plan how the equestrian community can access from Cozy Point Ranch the separated equestrian trails on Sky Mountain Park. The more years that go by the less likely anything will be accomplished to address equestrian access. Tim commented that Cozy Point Ranch is the perfect location for community educational agricultural opportunities. In regard to sustainable agriculture, he commented that the plan include reference to agricultural innovations. The plan's action items offer philanthropic opportunities. Charlie suggested the plan include setting targets for energy efficiencies. He also suggested Nordic opportunities be included in the plan. Gyles expressed that the plan fell short on some of the use opportunities. He stated his feelings that the land has been butchered over the past twenty years suffering from poor land practices. There is an opportunity to demonstrate how the land can be brought back to life through building soil, composting on-site working in tangent with the landfill, how to best use water and water harvesting,bio-fuels, waste diversion methods, innovative ways to deal with noxious weeds. Jessie suggested that the plan include what goals would be expected from the various lessees. Austin responded the intent is to set the City's goals within the RFP process. Staff is looking for innovative stewardship solutions expressed by the RFP respondents. Public Comment: As a member of Friends of Cozy Point Ranch, 20 year resident of Brush Creek Village and long-time horse boarder at Cozy Point Ranch, Fran Soroka commented the draft plan faces many challenges trying to combine so many uses onto Cozy Point Ranch. She noted the draft does not include public horse trailer parking access which, in turn, would finally open the existing trails to the equestrian public. The plan speaks to improving and expanding the public archery amenity, yet the equestrian public is not invited to enjoy the open space. Representing Aspen TREE, Cooper Means thanked Gyles for his observations and plan suggestions. He is inspired everyday by the people that come to Aspen TREE's agricultural model. He sees huge agricultural potential for the ranch and foresees the existing user groups working well together and benefitting each other. He suggested the plan include a weed management plan and eliminate the use of broad-leaf herbicide, stating he cannot use the manure produced on site because of the use of herbicides, which break the nutrient cycle. There is a huge potential to link up the ranch's nutrient cycle. 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 7 of 8 Head coach for the Aspen Equestrian Team, Michelle Bonfils Thibeault expressed support for the draft plan. The ranch represents a dynamic public educational equestrian facility. She said she is very excited that the plan speaks to prioritizing the fencing and other deferred safety issues up to standards. She wanted the boards to know that there is a huge after-school presence at the ranch, with up to 60 enthusiastic kids partaking in equestrian activities. Executive director of Aspen TREE Eden Vardy commented that their/-acre operation represents a third of the users on the land. He is excited about the opportunity to expand. Aspen TREE's programs were sold out this past year. So much more can happen on the land. He invited the board members to an event next Tuesday at TREE co-hosted with Aspen Green Drinks. Hawk Greenway left the meeting at 2:30 p.m. Pitkin County Open Space and Trails Reauthorization Ballot Tim notified the City board and staff that packets with reauthorization materials will be available in City Hall on Friday. ADJOURN The OSTB meetings of September 15, 2016 were adjourned at approximately 2:50 p.m. Approved: Attest: Hawk Greenway, Chair Fran Soroka Pitkin County Open Space & rails Board Pitkin County Open Space &Trails Office Manager 2016.09.15 OSTB and Joint COAOS Regular Session Minutes Page 8 of 8