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HomeMy WebLinkAboutagenda.council.worksession.20110719 MEMORANDUM TO: Aspen Board of Health FROM: Lee Cassin, Public Health Agency Director DATE OF MEMO: July 14, 2011 MEETING DATE: July 19, 2011 RE: Second Quarterly Board of Health Meeting REQUEST OF BOARD: Staff requests direction as noted below. DISCUSSION ITEMS: Health and Environmental Impact Assessment Update The state act requires us to conduct a health and environmental assessment every five years, and develop a plan to address whatever issues come out of that assessment. We already routinely collect large amounts of health and environmental assessment data, and have just almost - completed the AACP process, which sets community goals for various health and environmental issues. In addition, each year the city surveys its citizens to determine their priorities and which issues they believe should receive more emphasis. Therefore, staff recommended, and the Board of Health agreed, that we should not undertake a new process, but should use the data and community processes we already have, to develop the assessment and formulate a future plan. The anticipated timing is to complete the assessment in early 2012 and complete the plan later in 2012. The groundwork for both is being completed and what remains is to compile the existing information into the two documents (the assessment and the improvement plan). It is important to note that the state law recognizes that it will likely not be possible to achieve every goal or meet every unmet need. The plan will set priorities and note which are lacking resources to achieve. We would also note that we expect to use the assessments being done by Aspen Valley Hospital and Community Health Services to cover the public medical health status of the community. This could include a wide range of areas CHS and other non - profits provide services for, from drug and alcohol use to teen pregnancy to tuberculosis rates. We expect to focus in our assessment on environmental health issues and not duplicate analysis of medical public health needs and status. Community Health Services is funded largely by Aspen residents through a countywide property tax, and is under the County's jurisdiction, but provides services to Aspen residents as well as Pitkin County and out -of- county residents. Page 1 of 7 Here is a preliminary list of data we already have that we propose should constitute our health and environmental impact assessment. We request approval from the Board of Health for this list, or direction from the Board about any areas that are missing, should be omitted, or need to be revised. • Outdoor air quality (PM -10, ozone levels, asthma rates, bus ridership. An area that we do not have data on is PM2.5.) • Traffic levels, bus ridership • Indoor air quality (# of homes tested for radon, # of homes remediated, asbestos abatements, etc) • Cancer rates by type, age - adjusted (provided by the state) • Drinking water quality (provided by Aspen Water Department) • Surface water quality, stormwater runoff pollution (provided by stormwater) • Pharmaceutical and electronic waste diversion (amounts collected) • Recycling volumes by type /total trash volume • Greenhouse gas emissions — community and city government — by sector (provided by Canary) • City Chemical disposal (already tracked by EH) • Hazardous air pollutant emissions (from EPA database) • Pesticide use (estimated) • Food safety analysis (foodborne illnesses, inspection performance) • Land use and development impacts (permits, sq. footage of development) • Child care capacity needs assessment • Crime rates by type (collected by Aspen Police Department) • We may be able to get other health and environmental data from the State as we continue this effort. 1. Are there any obvious omissions the Board would like us to include? 2) Are there any additional suggestions related to any of these measures? NOTE: Aspen Valley Hospital and Community Health Services are conducting assessments that will include a variety of data that we plan to refer to but not duplicate. Ozone The primary goal for the City of Aspen's ozone monitoring program is to determine whether ground level ozone is impacting the health of the community. Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and asthma. On July 29, 2011, the EPA plans to announce the new standard for ground level ozone. Currently, the National Ambient Air Quality Standard (NAAQS) for ozone is an 8 -hour average of 75 ppb. The range the agency is now considering is lower, between 60 — 70ppb, based on the recommendation of EPA's Science Advisory Board. City staff supports the most protective standard of 60 ppb since a mountain evidence points to the health impacts even at this level. We Page 2 of 7 are in agreement with a recent letter co- signed by 13 public health, medical, and patient advocacy organizations to President Obama urging him to direct the EPA to issue a stronger standard to protect public health. Along with these organizations we agree with EPA Administrator Lisa Jackson statement that "using the best science to strengthen [the] standard is a long overdue action." Staff plans to issue a press release once the EPA has announced the new standard, explaining how Aspen's levels compare to the new standard. At this year's Aspen Ideas Festival, Jackson talked about the impact of natural gas production and hydraulic fracturing on rural air quality, validating Aspen's concern with the impact of the region's energy productions. She was quoted by the Aspen Daily News on June 29` 2011, "You are going to have huge smog problems where you never had them before... These are rural areas...There is a lot of activity around those wells and that has an impact on air quality...we already know it." With last year's addition of an ozone monitor, Aspen can begin to understand just how much the region's oil and gas production is impacting our air. In 2010, Aspen had ten days where the 8- hour average for ozone was at or above 60 ppb, with the highest 8 -hour average being 66 ppb recorded on June 22, 2010. This year we have had, as of July 7, 2011, fourteen days at or above 60 ppb and had our highest day of 70ppb on June 22, 2011. Staff, with the help of summer intern Haylen Gregory, is currently working with a modeling program to look at what sources could be causing these elevated levels of ozone. The two most common sources of ozone in Western Colorado are believed to be natural gas drilling and production, and vehicle exhaust. Cottage Foods Bill State Senator Gail Schwartz introduced the Cottage Food Bill which would encourage the sale of locally grown foods, especially limited foods like produce, eggs, salsa, and spices at farmer's markets and roadside stands. Time ran out in the session, but the bill did pass in the Senate. If it is reintroduced and passes next year, there will be some impact on our workload, with the exact level determined by the final wording of the bill. Lee Cassin has been asked by the Colorado Department of Public Health and Environment to serve on a small state committee working to draft a version of the bill that addresses some of the concerns raised by last year's bill. County Septic System Failures (Information only) Pitkin County recently implemented a program requiring septic system to be inspected upon sale of a property or significant remodeling. Surprisingly, 20 -30% are resulting in major or minor repairs. These include everything from completely replacing the system to just replacing a broken coupling. However, the implications are clear. Systems that were not functioning correctly, or where septic tanks were cracked, had sewage leaking into the ground and sometimes into ground or surface waters. Contamination of state waters from old septic systems has long been a concern in the state and Pitkin County's addressing of this issue should bring about significant protection of our valley's river water quality. Fluoride Page 3 of 7 Staff from the Water and Environmental Health Departments are working on a presentation to Council with scientific information about water fluoridation so Council can make a decision about whether to discontinue adding fluoride to Aspen's water, or whether to lower the levels to the reduced amounts recently recommended by the EPA. Staff will recommend discontinuing the addition of Fluoride to our water supply. • The EPA has lowered the recommended Fluoride level in drinking water from 1.1 mg/L to .70 mg/L; Aspen is currently adding Fluoride to our water to reach a level of 1.1 mg /L. The American Dental Association now recommends that infants have formula made with fluoride -free or low- fluoride water until they are a year old to prevent fluorosis. • Consumption of too much Fluoride can lead to an increased risk of bone fractures, especially in women, as well as Fluorosis, a staining of the teeth caused by excessive Fluoride. In 2010, the CDC found that 41% of 12 -15 year olds have dental fluorosis. • Aspen has naturally occurring levels of Fluoride in our drinking water that range from 0.2 -1.5 mg/L. • If a citizen would like to get additional Fluoride in their diet there are widely available dietary supplements as well as oral rinses and tooth pastes designed to apply the Fluoride in a topical manner which is more effective than ingesting it as is done with the Fluoride added to drinking water. At our upcoming work session on 9/27 we will provide information from various health effects studies on Fluoride as well as a description of what other jurisdictions are doing with their drinking water programs. Pesticides (update) Staff from the Environmental Health, Parks, and Golf Departments are working on revisions to the proposed pesticide ordinance that was presented to council by a citizen in June. Due to 'increasing understanding of likely risks from some pesticide exposures, including risks of cancers, dementia, and Parkinson's disease, EH staff believes this is an important area in which to reduce exposures to the public. We plan to continue to work with interested citizens and commercial pesticide applicators before scheduling a council worksession. The following two agenda items have been brought forward by Board member Torre and the information is provided by staff for the Board's use in discussing these issues. Private Medical Offices in Aspen Valley Hospital Expansion: Board member Torre has asked that the Board discuss the 27,000 sq. ft. of medical office space to be provided in the hospital expansion, and whether the hospital board could be persuaded to convert that space to a facility for serving un- insured or under -served populations either in the upper valley or regionally. The issue includes use of a public hospital facility, funded with tax monies, for private providers, as well as determining whether there is need for additional space for less expensive care. Page 4 of 7 The hospital expansion is part of an ongoing land use application, so land use matters may not be part of this discussion. However, the Board of Health may decide that a health- related issue like the need for indigent care facilities is appropriate for Council to weigh in future discussions. Some of this medical office space is already being constructed in the current phase of the expansion and some has received conceptual, but not final, approval for the next phase. By a vote of 4 -1, Council approved the 27,000 sq. ft. of medical office space in Ordinance No. 12 of 2010, with 12,000 sq. ft. being constructed now in Phase II and 15,000 sq. ft. to be built in future phases pending final land use approval. A suggestion has been made that the need for indigent care facilities be evaluated. Aspen Valley Hospital has just completed a comprehensive health needs assessment (in draft form at this stage) and CEO David Ressler will be able to explain the information that will be available from that study. He can also explain how the hospital determined the need for the medical offices spaces and the various ways in which indigent needs are met at this time. Community Health Services is also in the process of doing a health impact assessment that will evaluate current capacities and gaps in services for the valley. Many entities now provide a variety of services to uninsured and under- insured and low- income populations both in Aspen and regionally. These include Aspen Valley Hospital, Valley View Hospital, Mid - Valley Medical Clinic, Children's Health Foundation, Community Health Services, Family Visitor Programs, Mountain Valley Developmental Services, etc. The AVH and CHS assessments will provide a complete picture of all of the available resources and needs. Meatless Mondays (direction requested). Board member Torre asked that we provide information for the board on the "Meatless Mondays" movement. The Board may choose to endorse the movement or direct staff to continue existing outreach via the ZGreen program. (Events now receive points for offering vegetarian meals since they cause much less environmental impact, and citizens receive points if they choose to forego meat one day a week.) The following is summarized from the "Meatless Mondays" website. "Meatless Monday is a non - profit initiative of The Monday Campaigns, in association with the Johns Hopkins' Bloomberg School of Public Health. We provide the information and recipes you need to start each week with healthy, environmentally friendly meat -free alternatives. Our goal is to help you reduce your meat consumption by 15% in order to improve your personal health and the health of the planet... By cutting out meat once a week, we can improve our health, reduce our carbon footprint and lead the world in the race to reduce climate change. Why Meatless? Page 5 of 7 Tot Going meatless once a week may reduce your risk of chronic preventable conditions like cancer, cardiovascular disease, diabetes and obesity. It can also help reduce your carbon footprint and save precious resources like fresh water and fossil fuel. Read about these benefits below. But keep in mind that just going meatless is not enough. That's why we give you the information you need to add healthy, environmentally friendly meat -free alternatives to your diet each week. Further, if you do eat meat on other days, we strongly recommend grass -fed, hormone -free, locally- raised options whenever possible. Health Benefits • LIMIT CANCER RISK: Hundreds of studies suggest that diets high in fruits and vegetables may reduce cancer risk. Both red and processed meat consumption are associated with colon cancer. • REDUCE HEART DISEASE: Recent data from a Harvard University study found that replacing saturated fat -rich foods (for example, meat and full fat dairy) with foods that are rich in polyunsaturated fat (for example, vegetable oils, nuts and seeds) reduces the risk of heart disease by 19% • FIGHT DIABETES: Research suggests that higher consumption of red and processed meat increase the risk of type 2 diabetes. • CURB OBESITY: People on low -meat or vegetarian diets have significantly lower body weights and body mass indices. A recent study from Imperial College London also found that reducing overall meat consumption can prevent long-term weight gain. • LIVE LONGER: Red and processed meat consumption is associated with modest increases in total mortality, cancer mortality and cardiovascular disease mortality. • IMPROVE YOUR DIET. Consuming beans or peas results in higher intakes of fiber, protein, folate, zinc, iron and magnesium with lower intakes of saturated fat and total fat. Environmental Benefits • REDUCE YOUR CARBON FOOTPRINT. The United Nations' Food and Agriculture Organization estimates the meat industry generates nearly one -fifth of the man-made greenhouse gas emissions that are accelerating climate change worldwide ... far more than transportation. And annual worldwide demand for meat continues to grow. Reining in meat consumption once a week can help slow this trend. • MINIMIZE WATER USAGE. The water needs of livestock are tremendous, far above those of vegetables or grains. An estimated 1,800 to 2,500 gallons of water go into a Page 6 of 7 single pound of beef. Soy tofu produced in California requires 220 gallons of water per pound. • HELP REDUCE FOSSIL FUEL DEPENDENCE. On average, about 40 calories of fossil fuel energy go into every calorie of feed lot beef in the U.S. Compare this to the 2.2 calories of fossil fuel energy needed to produce one calorie of plant -based protein. Moderating meat consumption is a great way to cut fossil fuel demand. Staff Recommendation: Meat has a significant impact on the environment compared to other foods, in terms of greenhouse gas emissions, water use, land use, and air and water pollution. In addition, some meats significantly increase risk of heart disease and some cancers. In fact, from a public and environmental health perspective, the most important risk factors are smoking, diet (poor food choices and obesity), (lack of enough) exercise, and alcohol consumption. The challenge in creating this change in behavior may be twofold: first, there is a possibility of being less effective in focusing on a larger number of issues rather than investing enough resources to have strong successes in fewer areas, although endorsing this effort could be done with very little time investment. The second concern would be whether we might create a perception of targeted too many behaviors and losing credibility for city efforts. Aspen Valley Hospital, Community Health Services and other agencies provide nutrition counseling services at this time. An intermediate approach might be to amplify something we are already doing: in both the ZGreen Event certification program and the ZGreen citizen program, points are received for eating less meat or providing vegetarian event menu options, as well as for locally grown foods. We might add Meatless Mondays as an option in those existing programs. We also provide free seeds for residents to encourage locally grown foods and flowers. We might increase our efforts to educate people about the issue when we promote locally grown food, and at city events. And the Board could endorse the official Meatless Mondays campaign, publically urge citizens to participate, and direct staff to conduct education and outreach. Page 7 of 7 MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR THRU: JEFF WOODS, MANAGER OF PARKS & RECREATION MEMO DATE: JULY 8 2011 MEETING DATE: JULY 19 2011 RE: INDOOR TENNIS STRUCTURE Request of Council: Ace -It; a citizens' initiative to create indoor tennis, is requesting of Council, the approval of the attached Agreement (Attachment "A "). This agreement in no way is a final approval from Council, rather an agreement on direction and process by each party. What this Agreement achieves is: • Council support for their initiative such that a more aggressive fundraising process may begin • Support for Indoor Tennis by Council • How funds will be collected and held • The Land Use process and final approval process • How a vendor /contractor will be selected • Location of indoor tennis for the Land Use Application • Ownership • Naming Rights for fundraising purposes What this Agreement does not commit Council to: • This Agreement is NOT a land use or any final approval to construct the Indoor Tennis Structure. • Any additional future funding by the City: operational or capital for indoor tennis Next Steps: 1. Upon approval of this Agreement Ace -It will submit a Land Use Application with Community Development? 2. The Land Use Application for Indoor Tennis must comply with the full expectations of the Land Use process to include: the Design Review Committee (DRC), Public Outreach, P &Z approvals and recommendations. 3. Upon P &Z approval the Land Use Application will come back to Council for final approval at which time Ace -It and staff will lay out particulars regarding the Pro -Forma for operations, capital costs, set up take down, and the viability of the clay courts hosting the membrane structure. Note: A land use pre- application meeting has taken place between Community Development and the Smuggle Racquet Club. PREVIOUS COUNCIL ACTION: The attached Agreement with Ace -It is a direct result of a 2010 work session with Council regarding this topic (see attachments `B" & "C "). In 2010 Council provided direction and a list of concerns for operating the Indoor Tennis structure, attachments associated with that meeting are a result of the 2010 work session and Council requests. BACKGROUND: Ace -It first came to Council in 2009 with information regarding their wish to initiate a community wide effort to raise funds for the purpose of constructing a membrane structure; bubble, for the purpose of indoor tennis (see attachments "D" & "E "). DISCUSSION: The process of raising funds over the past 2 years for Ace -It has been a bit of a chicken and egg progression. While local tennis players support the initiative, they won't commit funds until they know the membrane structure has been approved. The approval process was once thought to be a temporary use permit and after an initial submission for the temporary use permit, Community Development determined that this application would need a full review process and PUD amendment. The Agreement for which Ace -It is seeking approval; simply identifies that the land use application has Council support, but it must survive a more rigorous land use process and approvals. This gives donors some security in that the process is now moving forward in hopes to provide indoor tennis in Aspen. At the same time, if Council approves the Agreement, staff could work with Ace -It in developing a Request for Proposals in order to bring a vendor /contractor on board who can begin answering more detailed questions at which time final approvals will come forward. Staff could release a RFP with stipulations identifying that based upon funds being raised and final approvals, they would receive the contract. This would allow staff and Ace -It to secure a vendor who will work closely with us in answering difficult final construction questions. Again, the approval of this agreement keeps the public process moving forward, but in no way commits the City or Council to a final approval of construction and/or land use. The recommended site by staff is the Aspen Golf & Tennis Club site. This is where tennis was designed to be located following a 1998 bond referendum, and why we refer to this location as the "Aspen Golf & Tennis Club ". Aspen Golf & Tennis Club site: Staff feels that Council and the community approved the PUD which allowed for a high level clay court tennis facility to be constructed at the golf course site due to the fact that this was the best location for a tennis center as it complemented the golf course and thus the "Aspen Golf & Tennis Club ". These wonderful courts while they are top of the line are utilized 4 months at best dependent upon the weather. Were we to cover any number of these courts for winter use, it would add 6 months of use and extend the season for tennis players to 10 months. Additionally, the community supported the 1998 bond initiative to place tennis at this site. This is the location of our tennis center in Aspen and staff's recommendation is that future improvements for tennis should take place at this site. Other benefits to this site: • Available parking • Restaurant available • Restrooms /locker rooms available • Can use existing set up and site design Iselin Site: • Will only hold 3 courts, once they are full then the discussion will come back to Aspen Golf & Tennis Club site. • Parking is an issue • No restaurant or restroom facilities near enough • Covenants prevent this site from being used until 2013 • New courts would have to constructed from the beginning to fit this site FINANCIALBUDGET IMPACTS: It has been made clear to staff and Ace -it in past work sessions with Council that all funds associated with the introduction of an Indoor Tennis facility will be borne by Ace -It. The cost to operate this facility cannot add to general fund demands for funding as well. Additional costs to be considered: • Housing Mitigation: the Ace -It agreement says that the City will take care of this. A one (1) bedroom unit would need to be funded/provided. The City has credits that could be used from the construction/purchase of units at Truscott. Cost to mitigate housing would be approximately $195,000. • Ongoing Maintenance: This is included in the pro forma attached and would be taken care of by the operator by contributing into a maintenance fund. • Set up and take down of structure: Court prep costs currently funded would be utilized for set up and take down of the membrane structure. • Community Development Fees waived: $2,940 RECOMMENDED ACTION: Staff is recommending the approval of the attached Agreement with Ace -It. ALTERNATIVES: Let the Land Use Process run its course before approving this agreement. PROPOSED MOTION: I, Council Members Name , move to approve the Agreement between the City of Aspen and Ace -It for the purpose of moving forward on efforts of a citizens' initiative to create indoor tennis in Aspen. City Manager Comments: Attachments: "A" Ace -It Agreement "B" 2009 Memo submitted to Council for initial meeting with Ace -It regarding indoor tennis "C" 2009 follow up meeting on Indoor Tennis "D" April 2010 work session memo on Indoor Tennis "E" Follow up memo on discussion topics in April work session with Council regarding indoor tennis "F" Ace -It Memo "G" Pro Forma for Operations "H" Site Plan "I" Computer Generated Renderings of Membrane Structure located on site AGREEMENT — ACE -IT Attachment "A" THIS AGREEEMENT, made and entered into this _day of, 2011, by and between THE CITY OF ASPEN, COLORADO, a Colorado municipal corporation ( "City "), and ACE - IT, a community based citizens' organization ( "Ace -It "). WITNESSETH: WHEREAS, Ace -It is a community based citizens' organization formed to promote tennis in the City of Aspen City and currently desires to assist the City of Aspen in the purchase and installation of a structure, commonly known as a bubble, to be located at the Aspen Golf and Tennis Club that would permit indoor tennis during the winter months; and WHEREAS, the City of Aspen is interested in pursuing a joint effort with Ace -It to design, fund- raise, construct, and operate such an indoor tennis facility as a public facility; so long as revenues generated by programs at the facility are able to offset all expenses related to the operation of the facility NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Funding by Ace - It. Ace -it agrees to conduct a fund raising campaign to raise sufficient funds necessary to fund all aspects of the proposed building (the bubble structure depicted in Exhibit "A" appended hereto.) The funds so raised shall be sufficient to cover all of the costs of purchasing an inflatable structure and locating it on City property. Those costs shall include, but not necessarily limited to, the following costs: the cost of preparing construction documents and specifications, design, biding of contracts, purchase of building materials, construction of all requisite support facilities, construction of all utility support facilities, the construction of any requisite accessory structures (if any), administrative and inspection fees, and any construction management costs. Exhibit "A" identifies an air supported structure covering four courts. In the event that funds raised are insufficient for covering four courts as depicted in Exhibit "A" an alternative plan may be implemented, upon the agreement of both Ace -It and the City, that allows for a structure covering two courts (the "Alternative Plan"). 2. Receipt of Funds. Ace -It shall be solely responsible for all fund raising. Ace -It shall deposit with the City all funds it receives along with a copy of a receipt given to donors, and the names and addresses of any such donors. In the event that the City receives monies directly from donors, the City shall provide receipts to the individual donors and shall provide Ace -It with a copy of such receipts. All funds received by the City directly from individual donors or from Ace -It shall be deposited by the City in a separate segregated account. Said account shall be maintained by the City and the funds from such fund shall be expended only as provided herein. All donors shall be advised by Ace -It or by the City that any donations made shall be used for the purchase and installation of the proposed structure and all costs necessary to design, estimate the cost of, and bid for, the purchase and installation of the proposed structure. All donors shall be notified that their donation may be returned to them if the total amount necessary to cover all anticipated costs is not deposited with the City within a reasonable time, as determined by the City, in its sole discretion. In addition, donors shall be advised of all conditions, if any, placed upon the operation of the facility by the City as part of the land use approval process. 3. Land Use Approvals. Within two weeks of the execution of this Agreement, Ace -It shall meet with staff of the City's Community Development Department to initiate any requisite land use approvals necessary to obtain a development order for the installation and operation of the structure. This Agreement is specifically conditioned upon the receipt and approval of the requisite land use approvals from the City to install and operate the facility as described herein. In the event that the requisite land use approvals are not granted, this Agreement shall be null and void. 4. Competitive Bidding Process. Within two weeks of the receipt of the requisite land use approvals from the City the parties hereto shall meet to discuss and agree upon the type, size, and nature of the structure to be purchased and installed. Within two weeks of said meeting, the City shall provide Ace -It with an estimate of the total costs for the purchase and installation of the structure. Within a reasonable period of time following the deposit of the total amount of the estimated cost figure, the City shall conduct a competitive bidding process pursuant to its Procurement Code to obtain fixed pricing for the purchase and installation of the structure. 5. Selection of Vendor. The City shall be solely responsible for the selection of a vendor and any other third parties necessary to install the structure. Before making such selection(s) the City shall invite Ace -It to discuss with it the relative merits of any bidders or proposers, but the final decision on the selection for vendor(s) shall remain with the City. Ace -It shall have the right to review and approve, before execution by the City, all procurement contracts or contracts for the installation of the structure. Within a reasonable period of time following the deposit with the City of an amount equal to or exceeding the fixed price for the purchase and installation of the structure, the City shall issue a Notice to Proceed upon the approval of a resolution by the City Council. The passage of a resolution by the City Council for the approval of a contract for the purchase and installation of the structure shall be within its sole and unfettered discretion. 6. Purchase and Installation. Once the Notice to Proceed has been issued to the selected vendor(s), the City shall be responsible for ensuring that the structure is purchased and installed in accordance with the bid documents and complete the installation in a reasonably prompt and diligent manner. Ace -It shall have the right to approve all proposed change orders that would have the effect of increasing the fixed price of the procurement and installation contracts. Ace -It understands and agrees that it shall be solely responsible for the payment of any such change orders. The City shall be responsible for any change orders initiated by the City, but not agreed to by Ace -It. 7. Purchase and Installation of Structure. The City agrees to supervise the purchase and installation of the structure upon the Aspen Golf and Tennis Club using its Asset Management and Parks & Recreation employees. The installation of the structure shall, to the fullest extent reasonably feasible, not interfere with the City's normal and usual summer tennis programming. 8. Ownership of the Structure. It is understood by the parties hereto that the City shall own the structure after it is purchased. Despite the fact that the proposed structure will be purchased and installed by the City with funds furnished by Ace -It as set forth in this Agreement, Ace -It expressly agrees that it shall not claim any title, equitable or otherwise, in any real or personal property associated with the acquisition and installation of the proposed structure, or any related facilities constructed or otherwise provided by the City. 9. Naming Rights. City understands and agrees that Ace -It, following completion of construction of the indoor air supported tennis structure, in accordance with the terms and conditions of the Agreement, shall have the right to offer naming rights for certain facilities, amenities or fixtures associated with the Indoor Tennis Facility, tennis courts, and related amenities, as an inducement to potential donors. City covenants and agrees with Ace -It that City will honor such naming rights subject to the following conditions and procedures: (a) The facility, amenity or fixture is listed on the City- approved Schedule of Naming Opportunities attached hereto as Exhibit "B" and made part hereof by this reference. (b) Each amenity or fixture made available for naming rights shall have the right limited to a reasonable period of time. (i.e. the useful life of the amenity or fixture.) (c) The particular donor has exercised its naming rights within one (1) year following the date of the donor's contribution or pledge, whichever first occurs. (d) City is given an opportunity to approve the name chosen for a facility, amenity or fixture to ensure good taste and compatibility with the overall design of the Tennis Facility(s) and neighboring facilities; provided, however, that City shall not unreasonably withhold its approval of names chosen by donors. (e) City approves in writing any portion of a facility, amenity or fixture that is not listed on attached Exhibit `B" for which an offer has been made by a potential donor, which approval shall include the chosen name and, however, City shall not unreasonably withhold its approval of names chosen by donors, eventually, the design of the sign that is proposed to be placed on or near the portion of the facility, amenity or fixture chosen to be named. (f) The design of all signs proposed to be placed on or near a facility, amenity or fixture identified on attached Exhibit `B" shall be approved in advance by city, and shall be in compliance with the sign regulations of the City of Aspen. City shall not unreasonably withhold its approval of a proposed sign, but shall determine the appropriateness of the design and text thereof in the context of good taste and the overall design of the Tennis Facility(s) and neighboring facilities. 10. Additional Covenants of City. City further covenants and agrees as follows: a. The City shall dedicate and thereafter reserve the land necessary for the installation of the proposed structure for a period of twenty (20) years from the date of this Agreement; subject, however, to any annual land use approvals that may be required for the installation and operation of the facility. b. The City shall be responsible for the cost of putting up and taking down the structure at the start and end of every winter tennis season. c. The City shall be responsible for the ongoing maintenance of the proposed structure and the operation of any winter tennis program created by the City. Ace -It shall be consulted before the implementation and for the continuing operation of any winter tennis programs operated by the City. d. The City shall be responsible for any housing mitigation obligations that may be required by the Aspen Land Use Code for the construction and operation of the proposed structure. e. The City shall not charge Ace -It for any Community Development planning fees that may be associated with the installation of the structure. 11 The City shall continue to own, operate and maintain, for a period of no less than twenty (20) years from the date of this Agreement, no less than four (4) full sized indoor tennis courts during the months of November through March of each calendar year; provided, however, that: i. the City may replace the four (4) indoor tennis courts with a facility equal to or larger than the existing indoor operation; ii. the structure can safely and efficiently be used during the entire twenty (20) year period; iii. the facility is operated as a public facility; iv. the facility can be installed and operated according to land use approvals granted by the City as required by the City Land Use Codes; v. the facility can be operated economically as describe in subsection g, below; and, vi. The parties hereto do not decide to implement the Alternative Plan, in which case this subsection (f) shall apply to two (2) full sized indoor tennis courts. g. Notwithstanding any language to the contrary contained herein, the City may reduce the length of winter operations or even cease winter operations (installing the bubble structure) if the City determines, in its sole discretion, that it is no longer economically feasible to continue winter operations for tennis. In the event that the City determines to curtail or cease winter operations, Ace -It will be consulted beforehand. 11. Additional Covenants of Ace - It. The parties hereto understand that the success of this proposed endeavor will depend upon the City granting the necessary land use approvals required by the City of Aspen Land Use Code. Accordingly, Ace -It further covenants and agrees as follows: i. Ace -It shall make application with the City's Community Development Department for all requisite land use approvals; and ii. Ace -It shall conduct outreach activities with the neighbors of the proposed facility and other interested members of the public in order to educate the public on the proposal for an indoor tennis facility and receive comments and suggestions for improving the land use application. 12. Notices to Donors. All donors shall receive a receipt on behalf of Ace -It notifying them of the conditions imposed upon their donations as set forth herein and any relevant conditions set forth in the development order obtained as part of the land use approval process. The notice shall be approved as to form and content by the City Attorney. 13. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of their Agreement itself or any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible in substance and effect to the affected provision. 14. Governing Law, Jurisdiction. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. Any legal action brought in connection with this Agreement shall be commenced in the District Court of Pitkin County, Colorado, and each party hereto voluntarily submits to the jurisdiction of such court. 15. Binding Effect. This Agreement shall be binding upon the City and upon the personal representatives of Ace -It that execute this Agreement. It shall not be interpreted, construed or implied to benefit any other third parties. 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties relating to the subject matter hereof. All prior representations or agreements relating to the subject matter hereof, whether written or oral, are herby merged into this Agreement. 17. Advisory Committee: The Aspen City Council may decide, in its sole discretion, to establish a Tennis Advisory Committee to assist the City in making decisions affecting the design, operations, or maintenance of the tennis facility. In the event that the Aspen City Council establishes such a committee, it shall simultaneously adopt By -Laws setting forth the composition of membership of the committee, the powers and duties of the committee, and for the conduct of business of the committee in substantially the form as set forth in Exhibit C, appended hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: THE CITY OF ASPEN, COLORADO, a Colorado municipal corporation By: Michael C. Ireland, Mayor Attest: Kathryn Koch, City Clerk ACE -IT: By: JPW- saved: 7/6/2011 -1593- G: \john \word \agr \ace - it.doc Exhibits: "A ": Site Plan and air supported membrane structure "B ": List of Approved Naming Rights "C ": By -Laws - Tennis Advisory Committee Exhibit A: -/ rt L. ii . 4 .. . / i 401.,„,,____ _ • '11' ■ZI It 'II I a/ ■ 0 i' .. _____ ,..... a) 1111 C-D Ai � II II II II II I I_ II ;� IlL ` I I 1 tii.:____________ . Aspe Tennis Center . 1 1 Exhibit `B" ACE -IT request permission to offer the potential components for naming opportunities subject to City Council approval of specific name chosen by donor: Bubble structure Individual courts Landscaping Seating or benches Current reception building/office or reception area Bricks on patio areas or paths We also request permission to acknowledge donors on a plaque to be displayed in reception or appropriate area Exhibit "C" BY -LAWS OF THE CITY OF ASPEN TENNIS ADVISORY COMMITTEE (a) The City of Aspen Tennis Advisory Committee shall be made up of 5 individuals representing the following groups: youth needs (1 representative), adult needs (1 representative), tennis professional needs (1 representative), and at large community needs (2 representatives). (b) All members of the Tennis Advisory Committee, at the time of their appointment, shall be residents of Pitkin County for a period of no less than one (1) year, with the exception of 1 representative who may come from down valley (Glenwood Springs to Aspen) as to represent the potential tennis contingent in the valley who may utilize this facility. Members shall continue to be residents of Pitkin County during their participation as members of the Tennis Advisory Committee. Residence for purposes of this section shall mean having a principal residence in the City of Aspen or Pitkin County, as appropriate, with only occasional absences from the City of Aspen or Pitkin County not exceeding 3 months in any calendar year. (c) No member of the City Council, Mayor, city employee, or any appointed officials shall be eligible to serve on the Tennis Advisory Committee. (d) The Tennis Advisory Committee shall remain in effect until 1 year following the initial opening and operations of the Indoor Tennis Facility. At that time the need for such committee functions can be reviewed by City Council. Section 3. Powers and Duties. The Tennis 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 Colorado Open Meetings Laws and the Colorado Open Records Act, 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 Indoor Tennis Structure. * The programming and scheduling of all uses of the Indoor Tennis facility and the establishment of scheduling at the facility as to priorities consistent with other Public Recreation facilities. * All fee schedules for public or private use of the Indoor facilities should be adopted by the 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 Tennis 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. * The hiring, performance and termination of the City's professional staff employed to operate and maintain the indoor tennis facility; * Any other issues, concerns, suggestions or recommendations determined by the Tennis Advisory Committee to be related to efficient and economical use, operation and maintenance of the physical plant or programming within the Indoor Tennis Facility, or any other matters referred to the Tennis Advisory Committee by the City Council or professional staff. Section 4. Rules of Procedure. With the consent of the City, the Tennis Advisory Committee may amend these By -Laws at any time to establish such additional rules of procedure as it deems necessary and appropriate not inconsistent with the original Agreement between the City and Ace -It, including the following: (a) A quorum for the transaction of business shall consist of no less than four (3) members. If a quorum is present the affirmative act of a majority of the members present shall be the act of the Tennis Advisory Committee. (b) The Tennis Advisory Committee shall establish regular meetings with special meetings being called by the Chair of the Tennis 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 Tennis Advisory Committee are present or have waived notice thereof. (d) The City's professional staff shall be 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 Tennis 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 heard during a portion of all public meetings. (f) To assist the Tennis Advisory Committee and the City's professional staff to establish operational policies, the following decision making process shall be followed: (i) The City's professional staff shall prepare operating policies and procedures for all activities offered at the Indoor Tennis Facility. 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 are implemented or amended, the City's professional staff shall forward the same to the Tennis Advisory Committee for its review and approval. (ii) In the event that the Tennis Advisory Committee does not approve a particular 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 Tennis Advisory Committee. (iii) In the event that the Tennis Advisory Committee and the City's professional staff are not able to reach agreement on a particular policy or procedure, the dispute shall be forwarded to the City Council for resolution at the earliest opportunity. Both the Tennis 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 Tennis Advisory Committee, and shall provide all reasonably related administrative services for the proper function of the Committee. If and to the extent requested by the Tennis Advisory Committee, a member of the City's professional staff shall attend duly noticed meetings of the Tennis Advisory Committee, and shall keep records and minutes of the meetings so attended. Attachment `B" MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: JEFF WOODS, MANAGER OF PARKS & RECREATION TIM ANDERSON, RECREATION DIRECTOR CC: STEVE BARWICK, CITY MANAGER CHRIS BENDON, COMMUNITY DEVELOPMENT DIRECTOR MEETING DATE: APRIL 20, 2009 RE: INDOOR TENNIS COURTS Request of Council: Staff and members of the tennis community are seeking direction from Council regarding a partnership for the purpose of constructing a membrane structure over 4 of the 6 tennis courts located at the Aspen Golf & Tennis Club. The Decision points we are seeking at this time are: 1. Is Council ok with the construction of a membrane structure over 4 tennis courts located at the Aspen Golf & Tennis Club for the purpose of providing indoor tennis 6 months of the year? (Funds for capital construction to be raised entirely by the Tennis Community.) 2. The City will operate and provide oversight of the operations of the courts both during the winter and summer months under a professional services agreement for a period of 3 years at which time we will re- evaluate the operation. Individuals interested in seeing public indoor tennis become a reality in Aspen are requesting of Council the approval to move forward with fund raising efforts in order to construct and operate 4 indoor tennis courts within an air supported membrane structure at the Aspen Golf & Tennis location. Staff has been working with representatives of the tennis community recently in pursuing further information regarding the construction and operation of an air supported indoor tennis structure to be located at the Aspen Golf & Tennis Club. The tennis community is pursuing this direction due to the fact that the private clubs are eliminating their indoor tennis facilities or have increased pricing to where many locals can no longer afford to be a member. A priority in constructing the membrane structure over the existing courts thus creating indoor tennis during the winter months is to provide and maintain public access to tennis courts in the winter as we do in the summer. This group approached Council at a March 10` work session asking for the approval to move forward and work with staff in gathering further information for Council regarding this idea. Council agreed to look at this idea with the understanding that the tennis community would raise all of the approximate $500,000 to $600,000 in funds necessary for the capital construction and contingency for the membrane structure. In addition Council identified that the operational costs would not significantly affect the current subsidy level of tennis operations and the General Fund budget. Staff feels an initial 3 year contract would be entered into between the contractor and the City to be revisited at that time and evaluate current operations and how the future operations should look. Maintenance of the courts would be provided by staff with existing funds to include: • Set up and take down of the membrane structure • Storage of the membrane structure at Parks each summer • Snow removal from the site following the operator blowing the snow from around the structure. Staff feels that if the tennis community raises the capital funds necessary for the construction of the air supported structure, that the operations will come very close to the current tennis subsidy level (see pro forma attachment provided by Beth Mehall). At this time staff has identified other temporary indoor municipal operations for which this pro forma is working. Under a concessionaire or professional services agreement, Steamboat Springs and Salt Lake City each have indoor tennis operations that are working well. Staff feels that the model of a professional services agreement works and that the current pro forma should be flexible as to react to the needs of the operations. Further information as to how these operations work and could work in Aspen may be found in the "Discussion" portion of this memo. Previous Council Action: On March 10` Council provided direction to staff that assistance should be provided to the tennis community in gathering further information regarding the introduction and operations of indoor tennis at the Aspen Golf & Tennis Club location. Furthermore, Council identified that the cost of the capital construction would be borne by the tennis community and not the City of Aspen and that operations would not adversely affect the general fund subsidy. Discussion: Staff first contacted Welch Tennis Courts who constructed the existing clay (har -tru) courts. Welch said that covering and maintaining the existing courts as indoor courts was not a problem. They further identified that the air introduction systems used today spread the air flow out such that they do not affect the play. They also are adjustable to a point of keeping the humidity level satisfactory as to not promote drips inside the structure and at the same time not to dry out the court surface. Staff spoke with private clubs who operate indoor tennis courts (Flying Horse CC, Colorado Springs; Ranch CC, Westminster) and they identified minimal maintenance on the indoor courts as compared to the outdoor operations. Welch Tennis Courts Inc. repeated this sentiment. In addition Welch is able to assist us in retro -fitting the irrigation lines to the tennis courts and valve off what would remain as the two outdoor courts such that we have a system that is functional for both indoor and outdoor applications and free of any issue with freezing in the winter. They have constructed these types of facilities and retro -fits in the past and are willing to assist with this application. Once the courts are constructed we have found a couple municipal applications that are similar to how we see the operations being handled. Steamboat Springs and Salt Lake City each have covered courts which operate during the winter with 4 to 5 courts. Each of them is using a professional services contract or concessionaire type contract for operation of the courts. In each case the City takes care of the capital maintenance and about 80% of the utilities. Staff feels this same type of professional services agreement would work in Aspen as well. Other municipalities such as Park City and Breckenridge have indoor tennis, but it is attached to their recreation centers and the fees generated and the expenditures are comingled with the recreation facility. South Suburban Parks & Recreation District also has a 6 court facility that remains an indoor operation year round. They too find this facility to be highly successful as the courts are utilized 80% of the time. South Suburban operates the facility with paid district employees and not a contract, but finds the operation to be successful and well used in their opinion. If we were to construct a cover over the existing courts next to the golf course this would have ancillary benefits as well. The restaurant operation at the golf course has been willing to operate in the winter months during the Nordic season, and by adding a tennis operation they have more patrons to market and support this operation. This benefits the tennis players as well as keeping a successful restaurant operation at our golf course. By constructing the air supported structure over the current court location we also have parking available and restrooms adjacent in the pro shop /restaurant. Under City of Aspen code, the tennis membrane structure may be granted a temporary approval for 3 years. At which time if the structure was to remain it would require a PUD amendment. Under the PUD amendment housing mitigation would have to be addressed. The addition of winter operations would generate approximately 1.5 FTE's, (dependent upon the level of programming) and require the mitigation of 1 bedroom or the cash equivalent of $130,000 per FTE or $195,000 in this case. The City still has housing credits remaining from the construction of the Water Place housing for Council's information. Financial/Budget: Staff has found that the professional services contract works within other municipal tennis operations at a minimal subsidy by the City. The subsidy is identified as solely due to the utility costs and some maintenance. In other municipal operations we are finding that the pro usually picks up 20% of the utility costs and the City takes the remainder. The remainder of utility costs is found to be from $20,000 to $25,000 annually. Currently the City of Aspen tennis operations are subsidized by $30,000 annually, so as identified in the attached pro forma, staff sees the indoor tennis operation as viable and virtually no additional impact to the General Fund subsidy if we go with a professional service agreement to operate the courts. Staff feels the pro forma is conservative in showing a successful operation with the use of existing city funds which subsidize tennis. We feel that the technology of the structure will help to reduce the utility costs further. In addition we feel that pricing could be increased by 5% if needed and generate another $12,000 to $15,000 annually, but in this pro forma we kept programs affordable and accessible. Environmental Impacts: Council will find by looking at attachment "C ", that the current technology of the membrane structure we are looking at is as energy efficient as you can hope for in one of these air supported structures. The estimated costs for energy are below what we are being quoted from other courts operated under an older membrane structure. Recommended Action: Staff feels this operation will work in Aspen. The tennis community should raise all necessary funds for the capital construction of the membrane and the retro -fit of irrigation lines necessary to cover the 4 courts. All funds will be donated to the City who will oversee the construction of this project. Capital Costs identified in this memo include sufficient funds to cover city asset management overseeing the project. An RFP process should take place through the city with the tennis community involved in order to seek out and hire the proper individual(s) for this type of operation (community access must be a priority). The City would contract with a tennis pro in a professional service agreement and have them handle all expenditures and the collection of all revenues in operating the courts. The City would cover up to $30,000, or the current tennis subsidy level of tennis operational costs to assist with utilities. Staff recommends moving forward with this project and feels it fills a recreational void in the community. Managers Comments: Attachments: "A" pro forma for tennis operations under a professional services agreement "B" Memo from the tennis community representative(s) "C" Energy Information WORKSESSION SUMMARY Attachment "C" TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR THRU: STEVE BARWICK, CITY MANAGER CC: JEFF WOODS, MANAGER OF PARKS & RECREATION MEETING DATE: JULY 14, 2009 RE: INDOOR TENNIS DISCUSSION Summary At the July 14` work session, staff and Beth Mehall; an ACE -IT representative, approached Council to see what their philosophical views and feelings would be regarding the addition of a permanent structure covering two of the tennis courts. Staff felt that there were opportunities in this plan which could benefit both tennis and the golf course, but at the same time recognized that a permanent structure would create new challenges as well as opposed to the Temporary Membrane Structures. Council informed the ACE -IT group and staff that they could not comment in advance to the level of approval they may or may not provide to a project until it came through the proper channels with all pertinent information to render a decision. Also mentioned was the consensus that this community really doesn't wish to see any further structures go up around town and that a permanent structure near the entrance to Aspen would be of great concern. Furthermore, staff heard from the Council members that it was felt that the Membrane Structure would be the first step in trying indoor tennis at this location to see if it indeed would be supported. This seemed to be the preferred route at this time. If Indoor tennis shows a great need then a permanent structure might receive more consideration at that site. At this time the ACE -IT group needs to decide what path they wish to take. If it's the membrane structure, they can pursue a temporary use permit and if the choose to go for the permanent structure they must meet all requirements set forth. In either case it is clear to ACE -IT and staff that this venture shall not cost the City of Aspen any additional funding over what is spent on tennis at this time. Council Direction: Council has left the decision of pursuing a membrane structure or a permanent structure to the ACE -IT group and projects will be weighed on the merit of the components brought forth to Council in the future. Attachment "D" MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR CC: STEVE BARWICK, CITY MANAGER JEFF WOODS, MANAGER OF PARKS & RECREATION MEETING DATE: APRIL 27, 2010 RE: ACE -IT TENNIS GROUP & INDOOR TENNIS FACILITY • Summary: Council will find attached an Agreement for consideration by and between Ace - It (the group raising funds for indoor tennis) and the City of Aspen. Ace -It wishes to ratify this agreement with Council and move full speed ahead on fund raising efforts to hopefully construct the indoor tennis facility in the fall of 2010. Primary discussion at this time should be focused around section (8) of the agreement addressing naming rights this group is seeking as part of their fundraising efforts. The group has re- organized themselves in 2010, hired a professional fund raiser, and hopes to raise the some $600,000 +/- needed to construct the membrane structure over 4 courts. The costs include the membrane structure, the footers for the anchoring of the structure, the air and heating systems, the lighting, and the necessary retro -fit work to the sub - surface irrigation on the har -true courts such that they work properly within the indoor setting, and any other costs associated with the construction of the courts. Attached is the Agreement by and between Ace - It and the City of Aspen for which Ace -It hopes to get Council's blessing. The Parks & Recreation Department understands that Council has stated in the past that this cannot cost the City additional funding. The plan is for Ace -It to raise all capital costs, at which time a Professional Tennis Instructor would be contracted with to operate the facility at their own cost. Public access would be a priority in operating these courts as well. Background: In early 2009, a group interested in raising funds to construct an air supported membrane structure for the purpose of Indoor Tennis formed and called themselves Ace - It. They came to City Council informally to announce their goal of constructing an air supported structure over 4 of the tennis courts located at the Aspen Golf & Tennis Club and asked for Council's approval of this. Council informally agreed to look at this and support it as long as it didn't cost the City any funding. (Site plan and membrane structure information included in attachments). Council felt at that time that as long as this didn't require any City Funds it was acceptable to them. The Ace -It group was directed such that they must raise all capital funds associated with the construction of the facility and the operations could not depend upon City funds for operations. (See attachment "C" for a pro forma of operations) The agreement attached identifies the responsibility of Ace -It to collect all funding necessary and associated with the construction of the membrane structure or bubble. Current Issues: The single most items to be looked at in this agreement which has not been deeply discussed in the past are the list of naming opportunities. Ace -It is moving along as in the past and within the parameters set by Council, however, in an effort to boost fundraising efforts the Ace -It group is taking a similar path as did SPARC with the ARC by identifying what elements of the indoor tennis bubble and associated fixtures may be sold for their naming rights. Council has provided direction as to funding, what can be constructed on the City's property, and operations, but naming rights are void in previous discussions and draft agreements. Manager's Comments: Attachments/Enclosures: • Agreement Document • Exhibit "A" of Agreement — Site Plan and Membrane Structure • Exhibit `B" of Agreement — Requested naming opportunities • Attachment "C" — Potential Pro Forma for Operations • Letter of Intent from Ace -It Attachment "E" MEMORANDUM TO: MAYOR & CITY COUNCIL THRU: STEVE BARWICK, CITY MANAGER JEFF WOODS, MANAGER OF PARKS & RECREATION FROM: TIM ANDERSON, RECREATION DIRECTOR DATE: APRIL 28, 2010 RE: RECAP OF APRIL 27, 2010 WORKSESSION REGARDING INDOOR TENNIS Summary: At the April 27, 2010 work session, staff and the group ACE -IT (interested party in fundraising to construct an air supported membrane structure for indoor tennis) met with Council to review a proposed agreement between the City and ACE -IT and to update Council where the group was in their efforts. Council identified several concerns in the agreement as did the City Attorney and City Manager. Staff is going back to agreement and addressing the concerns identified. Concerns as staff understands them are as follows: • Ensure that all parties understand that under a temporary use permit you may only operate 6 month of the year. • Language needs to be included in the agreement identifying the need for the land use approval (temporary use permit) must be approved by Council for the agreement to be in effect for construction of the membrane structure. • Outreach to the Community at large must take place as well as the neighbors due to the recommended location being at the entrance to Aspen. • Why Aspen Golf & Tennis Club and not Iselin; staff will come back with that information when presenting the agreement. • Detail on the pro forma and a contingency plan. How are the utilities being paid, what would the operations look like, how is the set up and take down of the structure being handled and funded. • Public Access must be the priority • The term of the naming rights should coincide with the temporary use permit. • Narrow the naming opportunities to 15 or fewer realistic components. Staff is working on the agreement language to address all concerns and will provide detail as to the operational pro forma and specific questions regarding the utilities, set up and take down of the structure and a contingency plan for operations if the original pro forma does not pan out. Additionally, staff will obtain more information from Welch Tennis regarding the detail and cost of retro -fitting the courts for the membrane structure and seek information on other facilities using the air supported membrane structure over clay courts. Staff expects this agreement to come before Council either late in May or early in June if any other concerns arise. Attachment "F" Aspen Community Effort for Indoor Tennis Seasonal Indoor Tennis Facility Site Selection Summary ACE -IT and the Aspen Recreation Department have studied possible sites for indoor tennis for the last three years. The City of Aspen currently has two tennis facilities: The first is Aspen Golf and Tennis Center off Highway 82, with six outdoor har -tru surface courts. The second site is Iselin with two hard courts located near the ARC. There are currently no plans to build additional courts. Although other sites were considered, and may still evolve in the distant future, the above sites were our primary focus. If, at a later date, finances and circumstances dictated a currently unidentified additional location where courts could be constructed, the same structure could, at that time, be used at that location. The Aspen Golf and Tennis Center emerged as the clear solution. Below is a summary of primary considerations taken into account. Flexibility: The Golf and Tennis Center Site is the only site that can accommodate two to four courts using the existing set -up with very little added infrastructure. Iselin, can accommodate two courts, with three the maximum possible, using the existing two courts and expanding west toward the berm. Three courts would require significant and costly foundation work on west side, and the construction of an additional court. It would also entail slight encroachment into trails. Especially with the addition of the new artificial turf field adjacent to the court area, there would never be room to expand. Park City fills seven indoor public courts with much longer hours than Aspen is proposing. Steamboat fills six. Limiting Aspen to two or three courts is very short sighted, limits programs, and limits financial potential resulting in increased cost to users. Existing Layout: The existing layout of the Golf and Tennis Center allows for storage, reception, viewing and office space between the two sets of courts with no additional construction or foundation. Foundation for a similar area at Iselin would need to be constructed. Furthermore, the existing layout at the Golf and Tennis Center allows for covering either two courts or four, (structures can be expanded or reduced with panels) so there is a great deal of flexibility. Existing Infrastructure: The Golf and Tennis Center has infrastructure in place that is underutilized in the winter. There is plenty of parking, existing restrooms and lockers, a restaurant, and it is on the main bus line. At Iselin, ARC restrooms are much further away meaning additional restrooms may need to be built. Parking is already overcrowded, and although tennis would not generate a significant increase, convenience for tennis players would be impacted, especially at peak times when the high school lots are already needed for overflow. Any additional demand for parking is a concern at the ARC. Visual Impacts: Wherever this facility is located there will be visual impacts. The Golf and Tennis Center is in our main corridor, whereas Iselin is not. Aspen prides itself on being a highly active community and having facilities to accommodate those activities. We have chosen to allow chairlifts to run up our mountains. There is a half pipe at the base of buttermilk, artificial turf and lights at the high school. Aspen's main tennis center is already located at the Golf and Tennis Center, and only that existing footprint will be used. No trails will be affected. There are already fences and parking visible from the highway. The existing courts are 12 feet below the highway, reducing impact somewhat. Visual impact is limited to seeing the structure while driving by. No views are blocked, and there are no individual property owners significantly impacted. The structure is white, and will be up primarily while its surroundings are also white. Landscaping and large tree planting is planned, and can soften the impact to some degree. Court Preparation Cost savings: Every year the recreation department spends time winterizing all six courts. The lines must be removed before winter sets in. In the spring, several weeks of maintenance is required to recondition the clay after it has been under snow. Covering four of these courts in the winter will result in significant cost and time savings, because only routine maintenance would be necessary. Savings could more than cover the set up and take down of the structure, and the courts would be ready for outdoor use earlier. If the structure were at another location, there would not be this benefit. Continuity: Aspen's existing programs are currently run out of the Golf and Tennis Center as all six courts are needed. Continuity, other than a few days for set up and take down of the structure, would be seamless using this site in the winter as well. Proximity to public transportation and schools: An advantage of the Iselin site is its proximity to schools. Both sites are on existing bus routes and near existing stops. The Golf Course Site is on the main route. Surface: Significant consideration was given to the existing surfaces (hard at Iselin vs hartru- clay at the Golf and Tennis Center) and how these surfaces would respond to being enclosed. Hart courts require moisture, which is currently turned off when the courts are unused in the winter to prevent freezing. Welch, The Company that built the hartru courts, was consulted and confirmed that with minimal retrofitting, pipes can be valued to isolate those needing water circulation, and freezing will not be an issue. This is a common practice and is of no concern. (See letter attached) Additionally, vendors and similar facilities were contact to review potential condensation issues inside the structure. Vendors confirmed that improvements in air flow have reduced problems experienced with older structures. Similar structures (notably a three - year -old four court clay bubble in Colorado Springs, which is very similar to the one proposed) are not experiencing problems. Covenants: Current covenants at Iselin limit construction. No new structures are allowed to be built for another two years. Waiting is an option, but with the above limitations there is no reason why this would become a preferred site later, and no reason to delay year round tennis. Conclusion: Indoor tennis in the valley is long overdue. The Recreation Dept. has investigated the use of indoor tennis in other resort communities similar to Aspen and found the demand for indoor tennis to be justifiable "and it would be successful. The Golf and Tennis Center site IS the tennis center in Aspen. The city has no plans to create additional courts, and doing so would create more of an impact than using an existing foot print and existing infrastructure. Currently, courts sitting empty and unused in the winter at the Golf and Tennis Center site create their own aesthetic impact. Enclosing those courts uses an existing footprint and existing, underutilized infrastructure, therefore creating less impact than any other location. It is, of course a very visible site, off highway 82, and this is a concern. However, the impacts here are limited primarily to seeing the structure while driving by. The site is 12 feet below Highway 82. It does not impact any trails or views, and it will be a temporary structure over an existing facility. ACE - IT and the Recreation Department propose jointly that the Aspen Golf and Tennis Center be the future site of year -round public tennis. Attachment "G" Indoor Tennis Proforma -02 Scenario Manager Mar 15, 2011 [A] [B] [C] [D] Seenerio l Scsnado 2 S4aaifla,# . Operator Private Contractor City of Aspen City of Aspen Pro Compensation n/a Hourly (Regular $25 and Lessons $75) Salary Plus Private Lessons Number of Courts 4 Courts 4 Courts 4 Courts WP- Indoor Tennis Proforma-05 Energy Calculations Mar 15,2011 [A] [B] [C] 2 Courts 4 Courts us *o clksltlon [a] Average Hours of lighting Per Day 8.00 8.00 [b] Days of Use 210.00 210.00 [c] Cost of kWh $0.12 $0.12 [d] Number of Lights 20.00 40.00 [e] Subtotal Lighting $4,032.00 $8,064.00 SiMtfil * er Calculation [f] Hours Inflation Blower Runs 24.00 24.00 [g] Days of Use 210.00 210.00 [h] Cost of kWh $0.12 $0.12 [I] Inflation Blower Power (5HP or 3.73kW) 3.73 3.73 0] Subtotal Inflation Blower $2,255.90 $2,255.90 Oat Sae Catwrlation [k] Hours Heater Blower Runs 12.00 12.00 [I] Days of Use 210.00 210.00 [m] Cost of kWh $0.12 $0.12 [n] Heater Blower Power (4 court 22HP or 16.4kW) 5.20 16.40 [o] Subtotal Heater Blower $1,572.48 $4,959.36 Gas — z Calculation [p] Units of Gas Used (MFC) 2,355.00 4,173.00 [q] Cost of Gas MCF (1000 cf) $5.00 $5.00 [r] Subtotal Gas Heating $11,775.00 $20,865.00 Salirlise Gain Savings [s] Subtotal Gas Heating 11,775.00 20,865.00 [t] Solar Heating Gain of 15 °F Savings - 15.00% - 15.00% [u] Subtotal Solar Hear Gain Savings - $1,766.25 - $3,129.75 [v] Total Energy Cost $17,869.13 $33,014.51 WP- Indoor Tennis Proforma -11 Scenario 1 P &L Mar 15, 2011 [A] [B] [C] [o] [E] [F] Scenario 1 Operator Private Contractor Pro Compensation n/a Number of Courts 4 Courts Meson +!+► [a] Revenue Winter $186,576 [b] Revenue Summer $45,504 [c] Revenue Shoulder $36,448 [d] Revenue Grand Total $268,528 Ceilff...Z tel f Pro 4b�t f` rl' [e] Expenses Winter $94,603 $36,412 n/a $131,015 [f] Expenses Summer $62,250 $0 n/a $62,250 [91 Expenses Shoulder $25,850 $0 n/a $25,850 [h] Expenses Grand Total $182,703 $36,412 $0 $219,115 [1] Net Revenue $49,413 WP- Indoor Tennis Proforma -12 Scenario 2 P &L Mar 15, 2011 [A] [B] [C] [ [E] [9 taw* It Operator City of Aspen Hourly (Regular $25 and Lessons Pro Compensation $75) Number of Courts 4 Courts 11GaNrb�' [a] Revenue Winter $186,576 [b] Revenue Summer $45,504 [c] Revenue Shoulder $36,448 [d] Revenue Grand Total $268,528 4 COWS.* t flea- 4 , POIlt COI li tgAtait a ES01401 [e] Expenses Winter $94,603 $36,412 $37,740 $168,755 [f] Expenses Summer $62250 $0 $25,160 $87,410 [g] Expenses Shoulder $25,850 $0 $12,580 $38,430 [h] Expenses Grand Total $182,703 $36,412 $75,480 $294,595 [i] Net Revenue - $25,067 WP- Indoor Tennis Proforma -13 Scenario 3 P&L Mar 15, 2011 (Al [B] [C] [D] [E] [Fl scenario 3 Operator City of Aspen Pro Compensation Salary Plus Private Lessons Number of Courts 4 Courts : 4 8euon [a] Revenue Winter $186,576 [b] Revenue Summer $45,504 [c] Revenue Shoulder $36,448 [d] Revenue Grand Total $268,528 4 Courts - Contradtor 4 Courts pro toht COS COACost Waage; 41411000414 [e] Expenses Winter $94,603 $36,412 $53,340 $184,355 [f] Expenses Summer $62,250 $0 $35,560 $97,810 [g] Expenses Shoulder $25,850 $0 $17,780 $43,630 [h] Expenses Grand Total $182,703 $36,412 $106,680 $325,795 [i] Net Revenue - $57,267 . R Attachment "H" • T �� � -. ooe _0_0_0 , •....,.., . • II 1 i 1. i '; 111 .ME 01,,,„41,,.., I _ mill: /. .1-4.: i <1 ::::::: _ ..,,,, 1. ...4 . • 4,W ' 1 .5 linil • IMMIMir , . M L)i1 : : is?-.1 %.:.....,....`-------. ,--..-"' nr- ig■a_. ...A. Art i : BM MN 400,1 "%ENO *Mum milmt. . Z. ip *; • I . • ''‘c,' !,-)P-e4 C4 fito -0 :.°'--- 0. etalit .- _ V m Attachment "I" P 1 R 0 P . S � , D • 411i- s , C 7. E A S o __ N T E N N I S U mo o.., B re-- •••,............- .,...... „.., _ E , AT ASPEN GOLF CLUB THE Crry or ASPEN MEMORANDUM TO: Mayor and City Council FROM: John Laatsch — Project Manager THRU: Randy Ready — Assistant City Manager Scott Miller — Capital Asset Director Jeff Woods — Manager Parks and Recreation DATE OF MEMO: July 15, 2011 MEETING DATE: July 19, 2011 RE: Galena Plaza — Conceptual Design Presentation REQUEST OF COUNCIL: Staff will update City Council on the progress of the Galena Plaza/parking garage roof repair project. Staff is currently in the Conceptual Design stage of project development and will be seeking City Council design direction from four (4) Conceptual Design Options that will be presented. Each Design Option illustrates a different primary design structure or framework. Staff will be seeking City Council direction on which design structure /framework to further develop and to obtain concurrence to proceed with the project. PREVIOUS COUNCIL ACTION: City of Aspen Asset Department staff obtained Council approval authorizing funding and staff time to provide primary design services for the comprehensive design of the roof restoration to the City's Parking Garage in September 2009. Staff received additional City Council direction to proceed with conceptual design of revisions to North Galena Street, Library Alley and a plaza/roof expansion over the open second level of the garage in February 2011 at a joint City Council/BOCC work session. BACKGROUND: In April, 1998 Walker Parking Consultants were retained to review and report on the condition of the garage to protect the investment and to maximize the useful life of the parking structure in a cost effective and efficient manner. Short and long term repair recommendations were made both for the rooftop Plaza and the parking structure. Drainage issues for the plaza and the structure were noted in this report titled, "Condition Review." The 2005 Walker Parking Consultants report titled, "Plaza Level Walk Through Assessment," recommended complete removal of the existing plaza wear surface, sod, trees and landscaping, concrete and sidewalk pavers associated with the plaza to the boundaries of the foundation wall of the facility. (Refer Attachment A) The recommendations then included the installation of a new waterproofing system and concrete wear surface to the garage roof and a new plaza design surface. This work would extend the service life of the facility with a protective and sound waterproofing system. This recommendation was repeated again in the 2007 Walker Parking Consultants report, a supplement to the "Plaza Level Walk- Through Assessment." The 2007 report included an Opinion of Probable Repair Cost of $1,920,000. • Page 1 of 5 THE CITY OF ASPEN In September of 2008 staff obtained proposals from three firms to complete design services associated with this contract. Following interviews and evaluation of the proposals, Carl Walker, Inc. was selected as the preferred consultant. The design team, including staff from the Asset and Parks Departments, held a Community Open House at the Rio Grande building on May 20, 2010 with a 12:00 pm and a 5:30 pm session. The open house presented significant information in four areas: • Project Need: existing conditions of the garage and the garage roof waterproof membrane; • Value of the garage to the community and the monetary value of the garage; • Activity of the Pitkin County Library, including the report, "Library Use and Space Analysis" and considerations for possible plaza/roof expansion over the open second level of the garage; • Development of "sketch" concepts and identification of opportunities and constraints from numerous preceding meetings with agency and utility stakeholders. Utilizing the information that has been collected and direction from City Council, staff has been developing various options/scenarios for a comprehensive design of the project. As part of this work staff has been considering the constructability, cost and fulfillment of the project objectives. While the design options are being developed, staff will revisit the design options with the stakeholders to solicit additional input and recommendations. Staff is proposing a schedule to complete this phase of work in late January 2012. City staff slowed the work effort to permit the Pitkin County Library to proceed with the "Library Use and Space Analysis" study and to engage an Architectural Design Team. On July 12, 2010, the selected Library Architectural Design Team was introduced to city staff, and staff introduced the Library Architectural Design Team to the work effort that had been completed to date for the Galena Plaza. City staff and the Library Architectural Design Team have been coordinating a linked design effort since July and will continue to do so as the library expansion and parking garage roof waterproofing/Galena Plaza projects proceed. DISCUSSION: Staff are presenting four (4) Conceptual Design Options that represent combinations of desirable elements that staff has heard from the public and from Project Stakeholders. Each Design Option illustrates a different primary design structure or framework. Each Design Option will be presented with staff seeking City Council direction on which design structure/framework to further develop into Criteria Design. One important base assumption illustrated in the Design Concepts is the inclusion of the Library Expansion. The ideal development scenario is a sequential coordination of garage roof repair, plaza reconstruction and expanded library building construction. If the Library Expansion cannot be fully coordinated with the garage/plaza renovation due to public funding constraints, the garage/plaza renovation work can still proceed. Flexibility to the western edge of the plaza would be integrated into the design. Page 2 of 5 THE CITY OF ASPEN Funding and funding partners are an important component to this particular project since the project needs engage with almost every utility, the county library, jail and courthouse, streets, stormwater management, engineering, parking and parks. The allocation of fund sharing for the project will be dictated in part by the final design. Staff, however, does see opportunities of cost sharing and savings by working in a larger project integrating all of our needs at the same time. While this is a complicated effort, the opportunity to save community resources in man hours and money is a challenge well worth pursuing. Staff will talk briefly about these opportunities in our presentation and will incorporate funding options throughout our continued design efforts. Option 1: Is titled "Plaza" This design is a strong expression of movement from the fringe areas of the plaza toward its heart. A central water feature, contrasting paving materials, open areas for special event tents, and an expanded garage elevator to include a second story overlook platform are proposed. Also included in the design concept are small gardens and more intimate picnic areas. The plaza is expanded to the north in order to cover the open parking bays on the second level of the garage but also to create an overlook to Rio Grande Park and Red Mountain. A grand stairway from the plaza level to Rio Grande Place is proposed to provide a critical linkage to the park. An elevator has also been proposed at the northwestern edge of the expanded plaza to provide adequate ADA public-access and improved connectivity between the plaza level and Rio Grande Place level. The existing parking lot at the Mill Street/Rio Grande Place intersection has been redesigned to increase the total available parking by approximately 15 cars, to provide a better visitor experience and to enhance a park -like connection between Rio Grande Park and downtown Aspen. Options 1 -3 include variations of these proposed design elements. With this first option, points of discussion include the proposed one -way circulation of the alley and North Galena; the preference for a greater pedestrian presence in North Galena versus auto dominance; modification to Main Street; the grand stairway; expansion of the garage roof to the north; an elevator to the northwest comer of the plaza is proposed to facilitate better public access to /from the plaza level; and reconfiguration of parking in front of the garage. Option 2: Is titled "Quad" In this option staff has explored a "quad" expression to a large open lawn providing more hard surfaces, detail gardens to the north expanded end of the plaza, a higher level of pedestrian scale paving in the alley and North Galena, similar curb line and pedestrian improvements on Main Street, a slightly modified grand stairway and similar elevator and expanded parking along Rio Grande Place. Staff has also revised the landscape in front of the jail to better align pedestrian circulation and to strengthen the circulation tie between the Jail and the Court House. This design provides opportunities for detail gardens, sheltered sitting areas and greater areas of hard surface suited for a variety of programming options. The Option 2 discussion points are similar to Option 1, however the expression of pedestrian movement is greater. Additional parking is provided in the alley and an improved relationship between the jail and courthouse is created. - Page 3 of 5 THE CITY OF ASPEN Option 3A: Is titled "Park" The primary characteristic of this option is a large open lawn as the focus of the plaza that then ties to the Library Expansion, North Galena Street and Library Alley pedestrian improvements, joined to Main Street with intersection clarification, enhanced curb lines and pedestrian crossings. An open stage structure has been proposed that provides a venue for outdoor performances. The rectangular lawn with perimeter shade trees, seat walls, stage and hard surface circulation provides a great deal of use flexibility within the space. The open lawn provides ample opportunity for special event use and informal park use. Picnic areas, overlook areas and gardens are proposed along the north perimeter of the plaza as well. This Design Option contains many of the design features of Options 1 and 2 but adds a stage structure intended for special events that is integrated with an improved garage elevator structure. Option 3B: Is titled "Park 2" This option is very similar to Option 3 and focuses on the creation of a plaza lawn and improved alley with an accented pedestrian walk along the south edge of the plaza and an accented walk from the plaza to Main Street. The garage roof remains the same as the existing condition without a roof expansion, with the exception of the grand stairway which covers part of the second level of parking. The proposed elevator provides the only ADA accessible route from the Rio Grande Park and Garage to South Galena Street. The proposed parking reconfiguration and green space improvements along Rio Grande Place shown in Options 1 -3 are eliminated. This design alternative minimizes the scope, cost and elements for discussion. FINANCIAL/BUDGET IMPACTS: We have started the more detailed project costing effort necessary for the Criteria Design and we will be prepared to look at the magnitude of value for the design elements within alternative construction scenarios for that next effort. At present we expect to request a supplemental funding request for necessary engineering consulting efforts depending on the outcome to this conceptual design review and its related design demands. The estimate of cost for all options presented is within the range of $3.3 million to 4.5 million for the parking garage replacement. In addition, there are adjacent projects including utility, drainage, roadway, parking, and pedestrian elements which may be advantageous to accomplish during the parking garage repairs. These elements and their associated costs are outlined in Attachment F and would be funded by multiple funding sources and multiple partners. These costs are very preliminary costs and are intended to be a starting point for discussion. ENVIRONMENTAL IMPACTS: The environmental impacts are generally positive with enhanced stormwater pickup, improved water quality, revitalized landscape and pedestrian enhancements. Staff will be analyzing the deconstruction of the existing plaza in a manner that recycles the most materials while maintaining a safe and manageable project site. Page 4 of 5 r THE Crn of ASPEN RECOMMENDED ACTION: Staff recommends that City Council provide a preferred option for the design of the parking garage replacement. Staff will take this preferred option through a specific design and costing effort for Council's further review, including funding opportunities and constraints. ALTERNATIVES: Stop all design efforts except the plaza deconstruction and garage roof repair that would include a lawn and walk surface to the existing library. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A: Galena Plaza Removal Diagram Attachment B: Galena Plaza Site Plan Option 1-`Plaza' Attachment C: Galena Plaza Site Plan Option 2- `Quad' Attachment D: Galena Plaza Site Plan Option 3A- Park' Attachment E: Galena Plaza Site Plan Option 3B -`Park 2' Attachment F: Galena Plaza Funding Plaza Partner Diagram Page5of5 ATTACHMENT A WHAT IS THE PROJECT? The Garage roof is leaking, causing damage to the garage structure. Galena Plaza must be removed to repair the garage roof. The City will be initiating a public process in the summer of 2010 to help determine what the new plaza design will be over the garage roof. i 'evl ' Nilik 1 RIO GRANDE , ; PARK ;,, i tk i l 1 \ ' - , 4 . C h r ^ 1 II --" 1 r p- nim ip 1 .s. _ , ..., -4, .4„ti- lop, • - ''' , ; . ■O v•-- - pi e 17.7"....."'"...........4 I 1 ,, ,' „:-.:„ , 4 if 1 "__ -__ �_ �, j r y e , • : 4 i. r No.- d ATIP .1 fr / - n �r :-{ 1 1 . j r I r f e ms,.,, -_ ‘-^t' / +' ,, ` i ` ffil„, _A All of the approximate 18" of existing material (paving, planters, turf- grass, trees, etc.) will be removed to access the entire concrete roof structure for leak repairs. Roof leak repair is absolutely necessary to protect the longevity of the parking garage. elm" GALENA STREET GARAGE. PLAZA alk CITY OF ASPEN ASSET AND PARKS DEPARTMENT CC H Z Z U F H r x 104e, A F< - It a I i y i —E s ` R V a C.J W a g3 y g � r z A a0 1, .' en ii 1 I i six 't l - 4 , a 0. s_ „.....- ,,,, om !,.._ --.- „,,,,. _ , _ . 0.,. E _ 0 - .' i , I 0 iv ' _ .I 1 , /` J r ,Nr * / il - i, _ .. c r ` a o h h r- I P • it ,.1 " :c. P ii 2 1 li! — d . 6 z t5 .. 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'limn 7 3 ..P * . .., Il lrlib' . i ... .e. ci 11 // 7 7 i \\ l' 11 til iir 40„ ,. / 1r :: , : f i f - 1 7 , .... ,;I /II V ..... ‘.... • 1.• / - / ii ;..•,.-=. . 1 1.11 I „ 1- ----- -- -. 1 .1 r-..i . i i l , I • • i ' li ''' f. • ,,,, • . il ii/i ... „ , self / , --, ... . . ..__. _.. . , '''.. i 1 i / r / r i 11 ,_,, , ....-.... r , .1 ._ ....... 1 .• Y E — . . .... .- 4 g: • 1 ...] g . ,... ••4 Z 0 . . • 1.1.1 ' III C., * 6 Jackie Lothian From: Kent Reed [irkent @mac.com] Sent: Monday, July 18, 2011 2:37 PM To: Public Comment Subject: ATTN: Jackie -- Galena Plaza Work Session RE: Galena Plaza Work Session Dear Council Member: The Hudson Reed Ensemble has been providing free Shakespeare productions to our community in the Galena Plaza over the past five years. Over that period our attendance has grown from 250 our first year to over a thousand last year and this summer we expect upwards of fifteen hundred since we have added two more performances of this summer's production of "The Taming of the Shrew' set in the Wild West opening August 18. With the revamping of the Galena Plaza complex, we feel there is a rare opportunity to realize an integrated "master plan" for the entire area that would provide a cultural, civic and educational resource for the entire community. This integrated complex would include the Library, Galena Plaza, Old Youth Center building and Civic buildings yet to be built. We feel that first and foremost the plaza should be thought of as a "Performance Park." ... a destination park. A beautiful and practical space for theatre, dance, acoustic concerts, outdoor movies, festivals, poetry readings, lectures, etc. This is not to preclude its' use as an exhibition space whether as an adjunct to the farmers market, art installations or other various special events. Folks need a reason to cross Main Street and a lovely, vibrant space that has interesting activities will draw them. We have seen that with our very popular Shakespeare Series. People need a reason to visit and that can certainly happen with vision and imagination. Further, we feel the area should be kept as a circular plaza, shifted to the east. it is the only plaza in a town that is full of rectangular parks. Being a circle, it has a pleasing aesthetic built in...an amphitheater like feel. And although steps away, it would be an oasis separated from the throb and bustle of downtown Aspen. Seating, storage and other amenities should also be taken into consideration in the design of a space that is comfortable, welcoming, beautiful and practical . Thanks for your time and consideration. Respectfully Yours, Kent Kent Hudson Reed Director — theHUDSONREEDensemble 970.319.6867 irkent @mac.com hudsonreedensemble.org 1