HomeMy WebLinkAboutagenda.council.worksession.20090818ASPEN CITY COUNCIL
Work Session
August 18, 2009
4:30 Discussion with ARC Advisory Board
Proposed Ballot Questions
Previously Used Run Off Elections
ORDINANCE NO.
(SERIES OF 2009)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY
AMENDING SECTIONS 2.7 AND 3.2, TO ELIMINATE INSTANT RUN OFF
PROCEDURES AND RE-INSTATE PREVIOUSLY USED RUN OFF ELECTION
PROCEDURES FOR THE OFFICES OF MAYOR AND COUNCILMEN; AND, TO
AMEND THE REQUISITE NUMBER OF VOTES NEEDED TO BE ELECTED TO THE
OFFICES OF MAYOR AND COUNCILMEN.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
eliminate instant run off voting procedures and re-instated previously used run-off elections for
the election of the offices of Mayor and Councilmen, and;
WHEREAS, the City Council desires to amend the City of Aspen City Charter to amend
the requisite votes needed to be elected to the office of Mayor and Councilmen; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes amendments
to the City Charter in the manner prescribed by the state constitution; and
WHEREAS, the City Council finds that allowing the voters of the City of Aspen an
opportunity to amend their City Charter as described in this Ordinance is an emergency
Page 1 of 5
necessary for the promotion of the public health, safety, and welfare and is necessary to
implement immediately to preserve the general well-being of the citizens of the City of Aspen,
all in accordance with Section 4.11 of the City of Aspen Home Rule Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1•
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety
and readopted to read as follows:
Section 2.7. Run-off elections
In the event of a run-off election is necessitated for the offices of mayor or councilmen, said
election shall be held the first Tuesday in June following the municipal election. The run-
offelection shall be held in the same manner as the municipal election, except:
(a) Certificate of candidates and publication of election notice shall be on or before the
tenth (10"') day before the run-off election.
(b) If a run-off for mayor is required, the two (2) persons with the highest number of
votes for mayor in the municipal election shall appear on the ballot for mayor.
(c) If a run-off election is required for two vacancies for the office of councilman, then
the four (4) persons not elected to office with the highest number of votes for
councilman in the municipal election shall appear on the ballot for councilmen. The
two persons receiving the highest number of votes in the number-off election shall
be elected for a four year term. In this event, each voter shall be allowed to cast two
votes for the office of Councilmember.
(d) If a run-off election is required for one vacancy for the office of councilman, then
the two (2) persons not elected to office with the highest number of votes for
councilman in the municipal election shall appear on the ballot for councilmen. The
person receiving the highest number of votes in the run-off election shall be elected
for a four year term. In this event, each voter shall be allowed to cast one vote for
the office of Councilmember
(e) The number of candidates shall be arranged in the same order as they appeared in
the municipal election.
As soon as the polls are closed after every run-off election, the judges shall determine
the number of votes cast for each candidate and make return thereof to the election
Page 2 of 5
commission and the candidates receiving the greatest number of votes cast at said election
shall be declared elected.
As soon as the polls are closed after every run-off election, the judges of election shall
immediately lock and seal each voting machine or ballot box against further voting and each
such machine or ballot box shall remain so locked and sealed for a period of seven (7) days
unless ordered by the court.
Section 2•
Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.2 Terms of office for councilmen
The terms of office for councilmen shall be for four (4) years. At all municipal elections,
the two (2) candidates receiving the highest number of votes shall be elected for a four yeaz
term, provided that the candidate receives forty-five percent (45%) plus one vote, or more, of
the votes cast for the office ("votes cast for the office" shall be calculate by dividing the sum of
all votes cast for all candidates by two (2).) In the event that the number of elected candidates
shall be less than the number of vacancies following the municipal election, the run-off
election shall be held in accordance with Section 2.7.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
Page 3 of 5
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the special municipal election to be held on November 3, 2009, of the following ballot question:
Amendment to Home Rule Charter to require run-off elections
Shall Ordinance No. ,Series of 2009, be approved to amend Section 2.7 of the City
of Aspen Home Rule Charter to eliminate the current instant run-off election voting
procedures and re-adopt the previously used run-off voting procedures for the election
of Mayor and members of Council; and, to amend Section 3.2 to require members of
Council to be elected by forty-five percent (45%) plus one vote, or more, of the total
votes cast for the office?
Yes [ ]
No [ ]
A public hearing on this ordinance shall be held on the , at a meeting of the Aspen City Council
commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado
Section 6:
The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance
in a newspaper of general circulation within ten (1) days, or as soon as possible thereafter as
possible.
INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by
the City Council of the City of Aspen on the day of August 2009.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY adopted, passed and approved this
Attest:
day of
2007.
Page 4 of 5
No Run Off Election
ORDINANCE NO.
(SERIES OF 2009)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY
REPEALING SECTION 2.7 TO ELIMINATE INSTANT RUN-OFF VOTING
PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL; TO
AMEND SECTION 3.2 TO CHANGE THE REQUISITE NUMBER OF VOTES NEEDED
BY COUNCIL MEMBERS FOR ELECTION AND THE REQUIREMENT FOR ANY
TYPE OF RUN-OFF ELECTION; AND, TO AMEND SECTION 3.3 TO DELETE THE
REQUIREMENT FOR ANY TYPE OF RUN-OFF ELECTION FOR THE OFFICE OF
MAYOR
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
eliminate all types of run-off elections for the offices of Mayor and members of Council, and;
WHEREAS, the City Council desires to amend the City of Aspen City Charter to amend
the requisite votes needed to be elected to the office of Mayor and Council Members; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the manner prescribed by the state constitution.
WHEREAS, the City Council finds that allowing the voters of the City of Aspen an
opportunity to amend their City Charter as described in this Ordinance is an emergency
Page 1 of 4
necessary for the promotion of the public health, safety, and welfaze and is necessary to
implement immediately to preserve the general well-being of the citizens of the City of Aspen,
all in accordance with Section 4.11 of the City of Aspen Home Rule Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1•
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is hereby deleted in its
entirety.
Section 2•
Section 3.2 of the Home Rule Charter shall be amended to read as follows:
Section 3.2 Terms of office for council members.
The term of office for council members shall be for four (4) years. At all municipal
elections, the two (2) candidates receiving the highest number of votes shall be elected for a
four year term. Each voter shall be allowed to vote for two candidates for the office of
Councilmember.
Section 3:
Section 3.3 of the City of Aspen Home Rule Charter shall be amended to read as follows:
Section 3.3 Mayor
The mayor shall be elected at lazge from the entire city for a term of two (2) yeazs.
The candidate receiving the highest number of votes shall be elected mayor.
The Mayor shall preside at meetings of the council and shall exercise such powers
and perform such other duties as aze or may be conferred and imposed upon him or her by
this Charter or the ordinances of the City. He or she shall have all of the powers, rights,
privileges and obligations of a council member. He or she shall be recognized as the head of
the government for all ceremonial and legal purposes and he or she shall execute and
authenticate legal instruments requiring his or her signature as such official.
Page 2 of 4
Section 3•
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the special municipal election to be held on November 3, 2009, of the following ballot question:
Amendment to Home Rule Charter regarding Mayor and Council elections
Shall Ordinance No. ,Series of 2009, be approved to repeal Section 2.7 of the City of
Aspen Home Rule Charter to eliminate instant run-off voting procedures for the
election of Mayor and members of Council; to amend Section 3.2 to change the
requisite number of votes needed by council members for election and the requirement
for run-off elections; and, to amend Section 3.3 to delete the requirement for run-off
elections for the office of Mayor?
Yes [ ]
No []
A public hearing on this ordinance shall be held on the , at a meeting of the Aspen City Council
commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado
Page 3 of 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the day of August 2009.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY adopted, passed and approved this day of
Attest:
Kathryn S. Koch, City Clerk
2007.
Michael C. Ireland, Mayor
Page 4 of 4
Publication of Ordinances
ORDINANCE NO.
(Series of 2009)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AMENDING THE CITY OF ASPEN HOME RULE
CHARTER BY THE ADDITION OF A NEW SECTION 4.16 TO ALLOW FOR
THE PUBLICATION OF ORDINANCES ON THE CITY OF ASPEN INTERNET
WEBSITE.
WHEREAS, the City Council has determined that the Home Rule Charter
requirement that ordinances be published in full in a newspaper of general circulation has
proven to be an expense to the City of Aspen without providing the best method for
informing the public of proposed legislation before the City Council; and
WHEREAS, the City Council desires to amend the City of Aspen City Charter to
allow the requisite publication of ordinances to be done by posting ordinances on the city
of Aspen's Internet website; and,
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes
home rule municipalities to amend their home rule charters through such procedures as
maybe enacted by the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which
section sets forth the procedures for amending a city's home rule charter requiring the
adoption of an ordinance, including a ballot title for the proposed amendment, and
submission of the proposed amendments to the electorate; and,
WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes
amendments to the City Charter in the manner prescribed by the state constitution; and
WHEREAS, the City Council finds that allowing the voters of the City of Aspen
an opportunity to amend their City Charter as described in this Ordinance is an
emergency necessary for the promotion of the public health, safety, and welfare and is
necessary to implement immediately to preserve the general well-being of the citizens of
the City of Aspen, all in accordance with Section 4.11 of the City of Aspen Home Rule
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Article IV of the City of Aspen Home Rule Charter be amended by the addition of a
new Section 4.16 which section shall read as follows:
Section 4.16. Publication.
Whenever an ordinance is required to be published in full or by title
pursuant to sections 4.10 or 4.11, it may be published by posting the ordinance in
full on the City of aspen Internet website, www.aspenpitkin.com, or its successor
website.
Section 2
That this ordinance shall become effective only upon approval of the electorate of the City of
Aspen at the special municipal election to beheld on November 3, 2009, of the following
ballot question:
Amendment to City of Aspen Home Rule Charter -Publication of Ordinances
Shall Ordinance No. Series of 2009, be adopted? This ordinance proposes
to amend the City of Aspen Home Rule Charter by adding a new section
allowing the publication of ordinances by posting them on the City of Aspen
Internet website.
Yes [ ]
No []
Section 3
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 4
That this ordinance shall not have any effect on the existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of
the ordinances amended as herein provided, and the same shall be construed and
concluded under such prior ordinances.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this
ordinance in a newspaper of general circulation within ten (1) days, or as soon as possible
thereafter as possible.
INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by
law, by the City Council of the City of Aspen on the day of August 2009.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY adopted, passed and approved this day of 2007.
RESOLUTION NO. _
(Series of 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 3,
2009, SPECIAL ELECTION AN ADVISORY QUESTIONS REGARDING INSTANT RUNOFF
VOTING.
WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen Home Rule
Charter to, on its own motion, submit questions to a vote of the electorate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
The following question relating to Instant Runoff Voting shall be placed on the ballot at the
November 3, 2009 election:
Shall the City of Aspen Retain Instant Runoff Voting Procedures for the Election of
Mayor and City Council Members?
Yes:
No:
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
day of August, 2009.
Michael C. Ireland, Mayor
RESOLUTION NO.
(Series of 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 3,
2009, SPECIAL ELECTION AN ADVISORY QUESTIONS REGARDING INSTANT RUNOFF
VOTING.
WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen Home Rule
Charter to, on its own motion, submit questions to a vote of the electorate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
The following question relating to Instant Runoff Voting shall be placed on the ballot at the
November 3, 2009 election:
Do you support the retention of Instant Runoff Voting Procedures for the
Election of Mayor and City Council Members?
Yes:
No:
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
day of August, 2009.
Michael C. Ireland, Mayor
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
CC: JONATHAN GODES, DEPUTY DIRECTOR OF RECREATION
JEFF WOODS, MANAGER OF PARKS & RECREATION
ARC ADVISORY COMMITTEE
MEETING DATE: AUGUST 18, 2009
RE: SPARC Agreement and Advisory Committee Charge,
Recreation Business Plan, Cost Recovery Model, Event
Flooring, Wireless Internet Access at the ARC
Summary:
The ARC Citizen Advisory Committee and staff wish to meet with Council for the purpose of
introducing themselves and reviewing the SPARC agreement included as
part of this memo. In addition the Advisory Committee and staff wish to
gain general direction from Council on the following items.
1. Review of the Recreation Division Business Plan, specifically the
facility improvements (see attachment "A")
2. A review of a cost recovery model for Recreation and what goals
Council would like to see accomplished (see attachment "B")
3. Events in Ice Facilities and the need for flooring (see attachment
„C„)
4. Wireless Internet Access at the ARC
The Advisory Committee and Staff would like to visit each of these items in order to get a feel
for the direction and goals Council would like to achieve. The Questions we ask of Council
today are:
1. What steps would Council like to see taken in order to pursue
improvements identified in the Recreation Division Business Plan?
2. Is a cost recovery of 57% for Recreation Programs and Facilities
sufficient or would Council like to see this improve?
3. Is Council supportive of events taking place in the Ice facilities?
4. Is Council supportive of Wireless Internet within the ARC and how
would they like to pursue this?
In the body of this memo and the attachments staff has presented scenarios/options for each
of the topics of discussion. At the end of this work session the Advisory Committee and staff
hope to have some direction from Council as to how they would like to see staff and the
Advisory Committee proceed in achieving these goals if in fact Council wishes to pursue these
items at this time.
Discussion:
Recreation Business Plan; Future Improvements:
If Council will refer to attachment "A", this is a page from the 2004 Recreation Division Business
Plan. Council will notice that the top two items which citizens identified in the survey that
needed to be added to the ARC were: 1) an outdoors rimaaiug-pont;..2) a fitne` ss room. These
remain the most often requested items or questions as to when we will add these improved
features by citizens using the ARC.
• The ARC Advisory Committee would like to know where Council stands on future
improvements to recreational facilities.
• How would Council like for the Advisory Committee and/or staff to act regarding these
requests?
• And, what further information would Council like to see presented, if any, regarding the
addition/improvement of recreational facilities?
Cost Recovery: Council will find attachment "B" within this packet. This sheet represents
a thorough cost analysis and breakdown of revenues and expenses associated with Recreation
Facilities and Programs. The Advisory Committee and the recreation staff along with the
Finance Department worked on this analysis to identify where recreation was in its recovery of
expenses. Staff arrived at these recovery percentages by calculating staff time allocated to
programs and facilities, allocations of administrative costs, and allocations of maintenance
costs versus revenues generated. While the allocations are somewhat subjective in the
approach, they are well thought out.
Council will notice that the overall recovery for Recreation is 57%. While the recovery varies
from facility to facility Council will find the ARC and the Aspen Ice Garden to be fairly consistent.
One reason for the Recreation Programs to be identified as a lower recovery is due to the mass
amount of youth programming that is offered through that arm of Recreation which offers
lower fees and requires larger amounts of staffing. If Council wishes to see the recovery
percentage of revenues over expenses in recreation increase the following calculation would
identify possible scenarios which need to take place:
• Each 1% increase to the Recovery of expenditures through revenues
would mean a 1.76% increase in fees barring any increases to
expenditures.
• In order to get to a 60% recovery percentage for recreation overall, fees
would need to increase across the board by 6%.
• To bring Recreation in line with the other venues at a 60% recovery rate,
you would need a 26% increase in recreation program fees.
Staff realizes that further cuts to expenditures could also help increase the recovery percentage
for recreation programs and facilities, but staff also feels that further cuts would require major
service level changes to the operation of programs and facilities.
In addition, staff continues to look for ways to increase revenues through new programming
ideas (such as events being held at ice facilities as discussed later in this memo).
Council will also find attachment "D" which identified the subsidy levels which the Recreation
Division has achieved over the years. In 2002 Council identified a goal of an additional
$300,000 in subsidy with the addition of the ARC. The ARC opened in April of 2003 with
numbers being lower than projected. Staff made major cuts to the expenditure budget at the
ARC in 2004 which brought us much closer to the goal. In 2005 pricing was examined to include
the entire valley as locals and marketing to the guest was a focus. You can see the immense
improvement to meeting the goal by this time. Over the years the Recreation Division has
worked on meeting the subsidy goals and had met and even exceeded the goal in these difficult
economic times.
Events/Flooring:
This past summer the Aspen Ice Garden hosted a 3 day Antique Fair following the removal of
the ice for maintenance of that facility. The 3 day event brought $20,000 in additional revenue
to the Ice Garden. We now have other groups/events wishing to use the Ice Garden. Council
will find in attachment "C" a pro forma for the purchase and rental of flooring such that the ice
facilities could host more events in the future. Vail provides the use of the Dobson Ice Arena
for $3,800.00/day. Their cost for set up and take down is similar to what is identified in the
attached pro forma.
The issue with renting the ice facilities for events is that they may in some cases displace users
in that specific facility. Now, with that being said, staff does not feel the ice facilities could
reasonably host an event during the months of November through February when local users
are at their highest demand for ice time. In the other months we always have enough ice time
available to accommodate all user group needs, but in some cases they may have to move to
another facility or use a different time slot to get the ice they require. In the summer months;
for example, the Ice Garden could host events beginning on Friday afternoons through Sunday
night without displacing any groups. This is the market staff would target the most so we don't
disrupt the regular scheduling of local users.
Wireless Internet at the ARC:
Currently staff is pursing through a bid process, a company who might be interested in
providing the wireless Internet Service to the ARC. We will seek a party who will pick up all cost
to install and maintain wireless Internet service within the building.
If we find that there are no interested parties in providing this service the next step would be a
ballot question asking the public if they would like to see wireless Internet brought into the ARC
and operated by the City of Aspen?
This would involve the City paying for the set up cost of the wireless system (approximately
$10,000) and then a monthly access charge of about $300. Staff would consider recouping the
investment through charging users at the ARC to use the system or consider it an element of
customer service.
The question to Council at this time is; would Council be willing to place this question on a fall
ballot if there are no interested parties for the installation of wireless Internet at the ARC?
Staff and the ARC Advisory Committee look forward to a discussion of these items with Council
on the 18`h of August.
SPARC ~cEet~
RESOLUTION NO. 5c2i
Series of 2003
A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF ASPEN, COLORAAO,,
ESTABLISHII~IG AN ASPEN RECREATION CENTER ADVISORY COMMITTEE,
DESCRIBING ITS DUTIES; DESCRIBTNG.THE COMMITTEE'S COMPOSITION, TERMS
AND QUALIFICATIONS FOR ITS MEMBERS, AND ES'T'ABLISHING RULES OF
PROCEDURE TO BE FOLLOWED BY THE COIvIMITTEE.
WHEREAS, the citizens of Aspen have caused to be constructed a modern recreation
facility Imown as the Aspen Recreation Center ("ARC") for the benefit of its residents and guests;
and
WHEREAS, Friends for the Aspen Spoits and Recreation Complex, a Colorado nonprofit
corporation commonly lmown as SPARC, was formed by prominent members of the community to
create, maintain, and enhance quality recreational oppommities for the youth, citizens, and visitors
of Aspen and the Roaring Fork Valley; and
WHEREAS, SPARC raised $8,000,000 in cash and pledges from private donations for the
construction of the ice azena facilityportion of the ARC, including the ice azena's allocated share of
the common costs associated with the ARC; and
WHEREAS, the City Council recognizes that SPARC and other user groups have a
particular, interest in the efficient and economical operation of pmgtams and services offered at the
Aspen Recreation Center, and have a desire to participate in the formulation and implementation of
operating guidelines, policies and procedure for said programs and services; and
WHEREAS, as an inducement to SPARC and its private donors to raise funds sufficient to
complete the construction of the ARC, the City Council, upon the adoption of Resolution No. 95,
Series of 2000, and Resolution No. 68, Series of 2001, made certain commitments to SPARC with
respect to the creation of an advisory boazd; to wit:
1
"The City recognizes that most if not all ofthe capital costs of constructing the ice
arena facility will be raised from private donations, and appreciates that such donors have
the right to expect that then contributions will be .spent in support of a high quality
facility in both function and appearance, as well as a facility that operates economically
and efficiently, In order to ensure that City operates the ice arena facility and. the
remainder of the Recreation Center in the best possible manner, consistent with any
budgetary constraints that City may encounter in the future, from and a#ter the date of this
Agreement City agrees to consult in advance and on a continuing basis with SPARC
and/or with an Advisory Boazd established by SPARC (individually and collecfively the
"Advisory Boazd") on all matters relating to the use and operation of the ice arena facility
'and of the Recreation complex (including the associated parking areas and other
amenities), including without limitation the following. matters: (i) The formulation and
implementation of operating guidelines, policies and procedures; (ii) the programming
and scheduling of all uses.of the ice aeena facility, and any related fee schedule, and the
coordination of such grogrammingand-scheduling with the uses of the Aspen Ice Gazden;
(iii) the hiring, performance review and termination of employees of the ice aeena facility
and of the remainder of the Recreation Center complex; and (iv) the' annual operating
budgets for both the ice arena facility and the remainder of the Recreation Center
complex, appropriate ,reserves, and the capital improvement maintenance programs.
`$efore`making any decisions or adopting any policies with respect to any such matters,
City agrees to give full and careful consideration to the views.and recommendations of
the ?dvisory Board, .
It is the mutual intention and understanding of the parties that the Advisory Boazd
shall be an independent, functional and influential entity, and City agrees not . to do
anything that impairs or diminishes the role or authority of the- Advisory Board. The
Advisory Board shall be appointed and removed from time to time by the Board of
Directors of SPARC, for such terms and pursuant to such procedures as may be adopted
from time to time by the SPARC Boazd. In the event of the dissolution or other
termination of the existence of SPARC, the final Boazd of Directors of SPARC shall
establish an on-going procedure for the appointment and removal,of the members of the
Advisory Board." ;and
WHEREAS, the City Council desires to establish, an Advisory Committee composed of
citizens of the City of Aspen to assist the City Council and its professional staff in the use,
operation and maintenance of the physical plant, and the efficient operation of programs and
services offered within the Aspen Recreation Center and the coordination thereof with the existing .
City ofAspen Ice Garden; and
2
WHEREAS, the City Council desires to execute. an Agreement, in substantially the form as
appended hereto as Exhibit A, with SPARC that clapfies and. incorporates prior commitments to
SPARC and its private donors.
NOW, WHEREFORE, BE TT RESOLVED BY THE CTTY COUNCIL OF THE CITY.OR
ASPEN, COLORADO, THAT
Section 1. Establishment of Ashen Recreation Center Advisory Committee. There is
hereby established the Aspen Recreation Center Advisory Committee (the "ARC Advisory
Committee") as hereinafter set forth:
Section 2. Comoosition• Term- Qualifications of Members. The ARC Advisory
Committee shall be constituted as follows:
(a) The ARC Advisory Committee shall consist of seven ('n members.
(i) Four (4) members shall be appointed by Friends for the Aspen Sports and
Recreation Complex ("SPARC'~
(ii) One member shall be appointed by the Aspen Youth Center Board of
Directors to represent the interests and concerns of the Aspen Youth Center.
facilities at the ARC.
(iii) One member-shall be appointed by the City Council to represent the interests
of the users of the swimming facilities at the ARC.
(iv) One member shall be appointed by the City Council to represent the general
.public .interests and.concerns relative to the entire ARC facilities, including
the ice skating rink, swimming facilities, youth center operations viithin the
ARC, climbing wall and other recreational amenities within the ARC and
3
immediate surrounding areas, concession facilities, and all. common areas of
the ARC.
(b) All members of the ARC Advisory Committee shall, be appointed for a period of
two (2) yeazs, provided that with respect to the four members initially appointed by
SPARC, 2 members shall serve 1 yeaz terms and 2 members shall serve 2 year
terms, as designated by SPARC, in order to stagger such terms. Thereafter, all
SPARC -appointed members shall serve 2-yeaz terms. Members appointed,by
SPARC shall serve at the pleasure of the SPARC Boazd of Directors. The member
appointed by the Youth Center shall serve at the pleasure of the Youth Center Board
of Directors. The two members .appointed by the City Council shall serve at the
pleasure of the City Council. There shall be no restraint on the number of terms that
members may serve on the ARC Advisory Committee.
(c) All members of tke ARC Advisory Committee, at the time of their appointment,
shall be residents of Pitldn County for a period of no less than one (1) yeaz. At least
two (2) members appointed by the 5PARC Boazd of Directors shall be residents of
the City of Aspen at the time of their appointment and during their term as members
of the ARC Advisory Committee. Members shall continue to be residents of Pitldn
County during their term as members of the ARC Advisory Committee. Residence
for purposes of this section shall mean having, a principal residence in the City of
Aspen or Pitldn County, as appropriate, with only occasional absences from the City
of Aspen or Pitkin County not exceeding 3 months in any calendaz year.
(d) No member of the City Council, Mayor, city employee, or any appointed officials
shall be eligible to serve on the ARC Advisory Committee.
4
Section 3. Powers and Duties. The ARC Advisory Committee shall have the following
powers and duties, all of which shall be exercised subject to-the laws of the State of Colorado,
including, but not limited to, the Open Meetings Laws, (Sections 24-6-4DI, et seq.), and in
accordance with the public interest:
(a) To consider, advise and recommend to the' City Council and the City's professional
staff on matters relating to the following:
* The formulation and implementation of guidelines, policies and procedures .
relating to the use and operation of the Lewis Ice Arena, the ARC, and
associated parking areas and amenities.
* The programming and scheduling of all uses of.the ice arena facility, the
aquatic facilities, the climbing wall and other amenities within the ARC, the
space occupied by the Youth Center and all azeas surrounding the ARC, and
' the coordination of such ice azena progra*nmi.,g and scheduling with the
uses of the Aspen Ice Gazden. It is the City Council's philosophy with
respect to scheduling at the ARC to prioritize usage as follows: (1) youth
activities and youth sports events (e.g. Aspen Junior Hockey and figure
skating), (2) public usage, (3) adult programs, and (4) special events. Adult
club sports and ice only parties should be primarily scheduled at the Aspen
Ice Garden. Subject to demand at the Lewis Ice Arena, locker areas should
be primarily made available to youth club sports starting no later than 6:00
am.
* All fee schedules for public or private use of facilities within the ARC and
Aspen' Ice Garden should be ,adopted by.tihe City Council as part of its
annual budgeting process and incorporated , in the City's annual fee
ordinance, following consideration and advice 'and recommendation of the
ARC Advisory Committee. The fee schedules adopted should be properly
allocated between youth activities, persons' abilities to pay, availability of
facilities, and frequency of uses of the facilities. In addition, the fee schedule
should reflect usage by local residents and non-residents. Bulk wholesale
rates for usage at the two ice skating facilities should be discussed by the
City's professional staff and the ARC Operating. Committee as part of the
process of recommending fee structures.
'~ Coordination of all scheduled activities within. the City of Aspen that may
impact the efficient and economic use of the ARC;
* The hiring, performance and temunation of the City's professional staff
employed to operate and maintain the ARC;
5
* The annual budgets of all programs, facilities and offered services within the
ARC, including appropriate receives and appropriate capital improvement/
maintenance programs;
* The rental of space within the ARC for concessionaires and special events,
including the use of space by non-profit organizations; and
* Any other issues, concerns, suggestions or recommendations determined by
the ARC Advisory Committee to be related to efficient and economical use,
operation and maintenance of the physical plant or progranunirig within the
ARC and Aspen Ice, Garden, or any other matters referred to the ARC
Advisory Committee by the City Council or professional staff.
(b) Recognizing that the Youth Center Boazd is a separate non-profit organization and a
lessee of the space occupied by them within the ARC, and notwithstanding the
expansive list of matters set forth above upon which the ARC Advisory Cbnunittee ,
shall consider, advise and make recommendations to the City Council and
professional staff .nothing in this resolution is intended to permit or shall be
construed to permit or authorize the ARC Advisory Committee to interfere in the
internal affairs of the Youth Center Boazd, including such matters as the user fees
they may collect, their budget, hours of operation, personnel matters, etc. It is the
intention of this resolution, however, that all users and providers of services will be
able to discuss matters of mutual concern for the efficient and economical use of the
ARC.
Section 4. Rules of Procedure. The ARC Advisory Committee shall establish such
rules of procedure as it deems necessary and appropriate not inconsistent with this resolution,
including the following:
(a) A quorum for the transaction of business shall consist of no less than four (4)
members, at least one of whom must be a member,not appointed by SPARC. If a
quorum is present the affirmative act of a majority of the members present shall be
the act of the ARC Advisory Committee:
6
(b) The ARC Advisory Committee shall. establish ,regular meetings and special
meetings may be called by the Chair of the ARC Advisory Committee on at least
twenty four (24) hours notice to all members; provided, however; that special
meetings may be held on shorter notice if all members of the ARC Advisory
Committee are present or have waived notice thereof.
(c) All regulaz meetings of the ARC Advisory Committee shall be publicly noticed by
posting a notice in a prominent location within the ARC at least 5 days prior to the
date of the meeting. Special meetings shall be noticed as soon as is prac#icable.
(d) The City's professional staff shall lie notified of all regular and special meetings.
Notice to the City's professional staff shall be accomplished by providing written
notice to the City's Director of Recreational Services.
(e) All special and regular meetings of the ARC Advisory Committee shall be open to
the public except duly authorized executive sessions called in accordance with the
State of Colorado Open Meetings Law (Sections 24-6-401, et seq.) Citizens shall be
given a reasonable opportunity to be heazd during a portion of all public meetings.
(f) To assist the ARC Advisory Committee. and the City's professional staff to establish
operational policies, and other matters consistent with,this resolution, the following
decision making process shall, be followed:
(i) The Cit}~s professional staff shall prepaze operating policies and procedures
for all activities offered at the ARC and Aspen Ice Garden. Said policies and
procedures shall include, but not necessarily be limited to, personnel policies
and procedures, operational policies and procedures, fee schedules, and
event scheduling. Before any such operating policies and procedures aze
implemented or amended,"the City's professional staff shall forwazd the
same to the ARC Advisory Committee for its review and approval.
(ii) In the event that the ARC Advisory Committee does not approve a particulaz
policy' or procedure, in whole or in part, it shall meet with the City's
professional staff in an effort to reach consensus on the particular policy or
procedure not approved by the ARC Advisory Committee.
(iii). ' In'the event that the ARC Advisory Committee and the City's professional
staff aze not able to reach agreement on a particular policy or procedure, the
dispute shall be forwarded to the City Council for resolution at the eazliest
opportunity. Both the ARC Advisory Committee and the City's staff. shall
have an opportunity to address the matter in front of City Council. City
Council's decision in such disputes shall be final.
(g) The City shall.provide a meeting space for all duly noticed meetings of the ARC
Advisory Committee, and shall provide .all reasonably related adminishative
services for the proper function of'the Cormittee. If and to the extent requested by
the ARC Advisory Committee, a member of the City's professional staff shall
attend duly noticed meetings of the ARC Advisory Committee, and shall keep
records and minutes of the meetings so attended.
Section 5.
The City Manager is hereby authorized, on behalf of the City of Aspen, to execute an
Agreement with SPARC in substantially the form as the Agreement appended.hereto as
Exhibit A.
., ~..
Dated: ~ % 3 , 2003.
Helen Kahn Kl erud, ayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do cerfify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held 2003
Kathryn S. K ,City Clerk
JPW-08/11/2003-G:\j oha\word\re90s\SPARC-Final, resO.DOC
\\ 4
~tk4ac~.r..,~~
Aspen Recreation Division
Operations Audit and Business Plan Development
Final Report
Section 8 -Possibilities for ARC Expansion
As an additional level of facility assessment, the Consulting Team evaluated if any
expansions of the ARC were warranted on a short-term and long-term basis. In addition,
the Consulting Team prepared a Facility Assessment (Section 4) that identified
improvements related to operations and efficiencies. Longer term opportunities were
evaluated in this Section to include specific expansion priorities, operational implications
and whether the expansion would increase cost of operations or revenue generation.
A summary of key findings and the opportuni ties include:
3 ~~
a
ps
~/o
, i Pi's
i g: i
As presented earlier in Section 4 -Facility Assessment, the ARC can effectively serve the
community needs for a long time. However, it could better support the changing market
needs and trends with more flexible programming space, enhancing operations with
pl Va7srt.~a 45
consulting
The ARC layout and design has limited flexibility and expansion opportunities and
present certain operational constraints related to access and control and limited
programming space outside of pool, ice, one meeting room, fitness room and
climbing wall activities.
tC~~ Y~4
-----
piG -
$359,630
$591,848
61%
15%
Adult $223,500 $344,291 65% 58%
Youth $136,130 $247,557 56% 42%
ARC $1,358,000 $2,286,408 59% 59%
Adult $523,600 $470,639 111% 21%
YOUth $834,400 $1,815,769 46% 79%
Recreation $459,950 $970,668 47% 25%
Adult $123,000 $375,962 33% 39%
Youth $336,950 $594,706 67% 61%
Grand Total $2,177,580 $3,848,924 57% 100%
'; ..:.,
i
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Adult $870,100 $1,190,892 73% 31%
Youth $1,307,480 $2,658,032 49% 69%
Grand Total $2,177,580 $3,848,924 57% 100%
pIG ____~ $359,630 $591,848 61% 15%
Ice $359,630 $591,848 61% 100%
ARC $1,358,000 $2,286,408 59% 69%
Fitness/Climbing $268,500 $54,390 494% 2%
Ice $504,000 $452,061 111% 20%
Other $50,000 $1,321,603 4% 68%
Pool $535,500 $458,355 117% 20%
Recreation $459,950 $970,668 47% 25%
Fitness/Climbing $91,400 $185,192 49% 19%
Other $201,938 21%
Recreation $368,550 $583,538 63% 60%
Grand Total $2,177,580 $3,848,924 57% 100%
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