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HomeMy WebLinkAboutresolution.council.052-03 RESOLUTION NO. Series of 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ESTABLISHING AN ASPEN RECREATION CENTER ADVISORY COMMITTEE. DESCRIBING ITS DUTIES, DESCRIBING THE COMMITTEE'S COMPOSITION, TERMS AND QUALIFICATIONS FOR ITS MEMBERS, AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMITTEE. WHEREAS, the citizens of Aspen have caused to be constructed a modern recreation facility known as the Aspen Recreation Cer~ter ("ARC"] for the benefit of its residents and guests; and WHEREAS, Friends for the Aspen Sports and Recreation Complex, a Colorado nonprofit corporation commonly known as SPARC, was formed by prominent members of the community to create, maintain, and enhance quality recreational opportunities for the youth., citizens, and visitors of Aspen and the Roaring Fork Valley; and WHEREAS, SPARC raised $8,000,000 in cash and pledges fi:om private donations for the construction of the ice arena facility portion of the ARC, including the ice arena's allocated share of the common costs associated with the ARC; and WHEREAS, the City Council recognizes that SPARC and other user groups have a particular interest in the efficient and economical operation of programs and services offered at the Aspen Recreation Center, and have a desire to participate in the formulation and implementation of operating guidelines, policies and procedure for said programs and services; and WHEREAS, as an inducement to SPARC and its private donors to raise funds sufficient to complete the construction of the ARC, the City Council, upon the adoption of Resolution No. 95, Series of 2000, and Resolution No. 68, Series of 2001, made certain commitments to SPARC with respect to the creation of an advisory board: to wit: "The City recognizes that most if not all of the capital costs of constructifig the ice arena facility will be raised from private donations, and appreciates that such donors have the right to expect that their contributions will be spent in support of a high quality facility in both function and appearance, as well as a facility that operates economically and efficiently. In order to ensure that City operates the ice arena facility and the remainder of the Recreation Center in the best possible manner, consistent with any budgetary constraints that City may e~acounter in the future, from and after the date of this Agreement City agrees to consult in advance and on a continuing basis with SPARC and/or with an Advisory Board established by SPARC (individually and collectively the "Advisory Board") on all matters relating to the use and operation of the ice arena facility and of the Recreation complex (including the associated parking areas and other amenities), including without limitation the following matters: (i) The formulation and implementation of operating guidelines, policies and procedures; (ii) the programming and scheduling of all uses of the ice arena facility, and any related fee schedule, and the coordination of such programming and scheduling with the uses of the Aspen Ice Garden; (iii) the hiring, performance review and termination of employees of the ice arena facility and of the remainder of the Recreation Center complex; and (iv) the annual operating budgets for both the ice arena facility and the remainder of the Recreation Center complex, appropriate reserves, and the capital improvement maintenance programs. Before making any decisions or adopting any policies with respect to any such matters, City agrees to give full and careful consideration to the views and recommendations of the Advisory Board. It is the mutual intention and understanding of the parties that the Advisory Board shall be an independent, functional and influential entity, and City agrees not to do anything that impairs or diminishes the role or authority of the Advisory Board. The Advisory Board shall be appointed and removed from time to time by the Board of Directors of SPARC, for such terms and pursuant to such procedures as may be adopted from time to time by the SPARC Board. In the event of the dissolution or other termination of the existence of SPARC, the final Board of Directors of SPARC shall establish an on-going procedure for the appointment and removal of the members of the Advisory Board."; and WHEREAS, the City Council desires to establish an Advisory Committee composed of citizens of the City of Aspen m assist the City Council and its professional staff in the use, operation and maintenance of the physical plant, and the efficient operation of programs and services offered within the Aspen Recreation Center and the coordination thereof with the existing City of Aspen Ice Garden; and WHEREAS, the City Council desires to execute an Agreement, in substantially the form as appended hereto as Exhibit A, with SPARC that clarifies and incorporates prior commitments to SPARC and its private donors. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. Establishment of Aspen Recreation Center Advisory_ Committee. There is hereby established the Aspen Kecreation Center Advisory Committee (the "ARC Advisory Committee") as hereinafter set forth. Section 2. Composition; Term; q)ualificatior~s of Members. The ARC Advisory Committee shall be constituted as follows: (a) The ARC Advisory Committee shall consist of seven (7) members. (i) Four (4) members shall be appointed by Friends for the Aspen Sports and Recreation Complex ("SPARC") (ii) One member shall be appointed by the Aspen Youth Center Board of Directors to represent the interests and concerns of the Aspen Youth Center facilities at the ARC. (iii) One member shall be appointed by the City Council to represent the interests of the users of the swimming facilities at the ARC. (iv) One member shall be appointed by the City Council to represent the general public interests and contra'ns relative to the entire ARC facilities, including the ice skating rink, swimming facilities, youth center operations within the ARC, climbing wall and other recreational amenities within the ARC and 3 immediate surrounding areas, concession facilities, and all common areas of the ARC. (b) All members of the ARC Advisory Committee shall be appointed for a period of two (2) years, provided that with respect to the four members initially appointed by SPARC, 2 members shall serve 1 year terms and 2 members shall serve 2 year terms, as designated by SPARC, in order to stagger such terms. Thereafter, all SPARC - appointed members shall serve 2-year terms. Members appointed by SPARC shall serve at the pleasure of the SPARC Board of Directors. The member appointed by the Youth Center shall serve at the pleasure of the Youth Center Board of Directors. The two members appointed by the City Council shall serve at the pleasure of the City Council. There shall be no restraint on the number of terms that members may serve on the ARC Advisory Committee. (c) All members of the ARC Advisory Committee, at the time of their appo~nuuent, shall be residents of Pitkin County for a period of no less than one (1) year. At least two (2) members appointed by the SPARC Board of Directors shall be residents of the City of Aspen at the time of their appomtment and during their term as members of the ARC Advisory Committee. Members shall continue to be residents of Pitkin County during their term as members of the ARC Advisory Committee, Residence for purposes of this section shall mean having a principal residence in the City of Aspen or Pitldn County, as appropriate, with only occasional absences from the City of Aspen or Pitldn County not exceeding 3 months in any calendar year. (d) No member of the City Council, Mayor, city employee, or any appointed officials shall be eligible to serve on the ARC Advisory Committee. Section 3. Powers and Duties. The ARC Advisory Committee shall have the following powers and duties, all of which shall be exercised subject to the laws of the State of Colorado, including, but not limited to, the Open Meetings Laws, (Sections 24-6-401, et seq.), and in accordance with the public interest: (a) To consider, advise and recommend to the City Council and the City's professional staff on matters relating to the following: * The formulation and implementation of guidelines, policies and procedures relating to the use and operation of the Lewis Ice Arena, the ARC, and associated parking areas and amenities. * The programming and scheduling of all uses of the ice arena facility, the aquatic facilities, the climbing wall and other amenities within the ARC, the space occupied by the Youth Center and all areas surrounding the ARC, and the coordination of such ice arena programming and scheduling with the uses of the Aspen Ice Garden. It is the City Council's philosophy with respect to scheduling at the ARC to prioritize usage as follows: (1) youth activities and youth sports events (e.g. Aspen Junior Hockey and figure skating), (2) public usage, (3) adult programs, and (4) special events. Adult club sports and ice only parties should be primarily scheduled at the Aspen Ice Garden. Subject to demand at the Lewis Ice Arena, locker areas should be primarily made available to youth club sports starting no later than 6:00 a.m. * All fee schedules for public or private use of facilities within the ARC and Aspen Ice Garden 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 ARC Advisory Committee. The fee schedules adopted should be properly allocated between youth activities, persons' abilities to pay, availability of facilities, and frequency of uses of the facilities, tn addition, the fee schedule should reflect usage by local residents and non-residents. Bulk wholesale rates for usage at the two ice skating facilities should be discussed by the City's professional staff and the ARC Operating Committee as part of the process of recommending fee structures. * Coordination of all scheduled activities within the City of Aspen that may impact the efficient and economic use of the ARC; * The hiring, performance and termination of the City's professional staff employed to operate and maintain the ARC; 5 * The annual budgets of ail programs, facilities and offered services within the ARC, including appropriate reserves and appropriate capital improvement/ maintenance programs; * The rental of space within the ARC for concessionaires and special events, including the use of space by non-profit organizations; and * Any other issues, concerns, suggestions or recommendations determined by the ARC Advisory Committee to be related to efficient and economicai use, operation and maintenance of the physical plant or programming within the ARC and Aspen Ice Garden, or any other matters referred to the ARC Advisory Committee by the City Council or professional staff. (b) Recognizing that the Youth Center Board is a separate non-profit organization and a lessee of the space occupied by them within the ARC, and notwithstanding the expansive list of matters set forth above upon which the ARC Advisory Committee. shall consider, advise and make recommendations to the City Council and professional staff, nothing in this resolution ~s intended to permit or shail be construed to permit or authorize the ARC Advisory Committee to interfere in the internal affairs of the Youth Center Board, including such matters as the user fees they may collect, their budget, hours of operation, personnel matters, etc. It is the intention of this resolution, however, that all users and providers of services will be able to discuss matters ofmutuai concern for the efficient and economicai use of the ARC. Section 4. Rules of Procedure. The ARC Advisory Committee shall establish such rules of procedure as it deems necessary and appropriate not inconsistent with this resolution, including the following: (a) A quorum for the transaction of business shall consist of no less than four (4) members, at least one of whom must be a member not appointed by SPARC. If a quorum is present the affirmative act of a majority of the members present shall be the act of the ARC Advisory Committee. (b) The ARC Advisory Committee shall establish regular meetings and special meetings may be called by the Chair of the ARC Advisory committee on at least twenty four (24) hours notice to all members, provided, however, that special meetings may be held on shorter notice if all members of the ARC Advisory Committee are present or have waived notice thereo~'. (c) All regular meetings of the ARC Advisory Committee shall be publicly noticed by posting a notice in a prominent location within the ARC at least 5 days prior to the date of the meeting. Special meetings shall be noticed as soon as is practicable. (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 ARC Advisory Committee shall be open to the public except duly authorized executive sessions called in accordance with the State of Colorado Open Meetings Law (Sections 24-6-401, et seq.) Citizens shall be given a reasonable opportunity to be heard during a portion of all Public meetings. (f) To assist the ARC Advisory Committee and the City's professional staff to establish operational policies, and other matters consistent with this resolution, the following decision making process shall be followed: (i) The City's professional staff shall prepare operating policies and procedures for all activities offered at the ARC and Aspen Ice Garden. Said policies and procedures shall include, but not necessarily be limited to, personnel policies and procedures, operational policies and procedures, fee schedules, and event scheduling. Before any such operating policies and procedures are implemented or amended, the City's professional staff shall forward the same to the ARC Advisory Committee for its review and approval. (ii) In the event that the ARC Advisory Committee does not approve a 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 ARC Advisory Committee. (iii) Inthe event that the ARC 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 ARC Advisory Committee and the City's staff shall have an oppommity to address the matter in front of City Council. City Council's decision in such disputes shall be final. (g) The City shall provide a meeting space for all duly noticed meetings of the ARC Advisory Committee, and shall provide all reasonably related administrative 7 services for the proper function of the Committee. If and to the extent requested by the ARC Advisory Committee, a member of the City's professional staff shall attend duly noticed meetings of the ARC Advisory Committee, and shall keep records and minutes of the meetings so attended. Section 5. The City Manager is hereby authorized, on behalf of the City of Aspen, m execute an Agreement with SPARC in substantially the form as the Agreement appended hereto as Exhibit A. Helen Kalin Kla~emd,~Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing ~s a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ /.~ ,2003. JPW-08/ll 2003-G:\John\word resos\SPARC-Final-reso.DOC 8 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT (the "First Amendment"), made and entered into this /t~, day of ~,,~'~-/7 2003, by and between THE CITY OF ASPEN, COLORADO, a Colorado' r~Unicipal corporation ("City"), and FRIENDS FOR THE ASPEN SPORTS AND RECREATION COMPLEX, a Colorado nonprofit corporation ("SPARC"), V/ITNESSETH: WHEREAS, City and SPARC are all of the parties to that certain Agreement dated June 11, 2001, as approved by the City Council by Resolution No. 68, Series of 2001, relating to the funding and construction of the ice arena facility portion of the Aspen Recreation Center (the "ARC") that the City is in the process of completing at Iselin Park in Aspen, Colorado (the "Agreement"); and WHEREAS, the parties desire to update the Agreement in certain respects, as set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable considerations, the receipt and suffimency of which are hereby acknowledged, the parties agree that from and after the execution hereof by the parties, the Agreement shall be deemed amended as follows: 1. Funding by SPARC. SPARC has raised $8,000,000 in cash and pledges for the construction of the ice arena facility, including the ice arena's allocated share of the common costs associated with the ARC. All of such funds have been contributed by private donors, in the form of cash or pledges, as more specifically set forth in Exhibit A attached hereto and made a part hereof by this reference. City hereby agrees that the net $8,000,000 in cash and pledges described in Exhibit A satisfies in full SPARC's funding responsibilities under the Agreement, and that SPARC has no further obligation to rinse monies for the ARC or any portion thereof and will not be responsible for any pledges listed on Exhibit A that are not honored by the donors. SPARC shall, however, take all reasonable steps necessary to assist the City in collecting said pledges, including, but not necessarily limited, to assigning to the City all fights that SPARC may have to collect pledged funds from donors. City further agrees that SPARC is not at present in violation or default of any term or provision of the Agreement. City further acknowledges and agrees that funds raised to date by SPARC in excess of the $8,000,000 described above have been or may be used to cover SPARC operating costs, or other costs or contributions as SPARC may deem appropriate in its sole discretion. 2. Operation and Maintenance of Two Ice Skating Arenas. The City acknowledges that SPARC's successful fundraising effort as set forth in Section 1 above, was achieved in great part as a result of a recognition by the community for the immediate need for two full sized indoor ice rinks in Aspen. It is further recognized that the need for two full sized ice skating finks (the Lewis Ice Arena located within the ARC and the Aspen Ice Garden) wilt continue for the indefinite future to meet the demand for such facilities from user groups and individuals in Aspen and visitors to Aspen; and, that the construction of the Lewis Ice Arena was not intended to replace the Aspen Ice Garden, but to supplement it to continue to meet the expected future needs of the community. Accordingly, the City agrees as follows: a. The City shall continue to own, operate and maintain no less than two full- sized indoor ice rinks in Aspen. to wit, the Lewis Ice Arena within the ARC and the Aspen Ice Garden, and shall not sell or change the use of said facilities, for a period of no less than thirty (30) years from and after April 15, 2003; provided, however, that the City may replace the Lewis Ice Arena or the Aspen Ice Garden at any time with an ice rink/arena of equal or greater size, quality, ftnish standard and amehities to the facility being replaced. If the Lewis Ice Arena is replaced, the new ice rink shall also be named the Lewis Ice Arena unless the Jonathan Lewis family wishes to give it another name. In the event such a replacement facility is planned, City shall give SPARC an opportunity (but SPARC shall have no obligation) to raise additional funds to further enhance the size and/or quality of the replacement facility." b. The Lewis Ice Arena shall be available for full operation as an ice skating rink twelve months of the year. For the period'ending September 2005 the Aspen Ice Garden shall be available for full operation as an ice skating rink 12 months of the year. Thereafter, if Cky determines it is no longer economically feasible to operate the Ice Garden during the summer months in addition to operating the Lewis Ice Arena, the City shall have the right, in its sole discretion and following consultation with the ARC Advisory Committee, to close the Aspen Ice Garden from no longer than mid April to September 30 of each year. Any such decision shall be reviewed annually in advance by the City and the ARC Advisory Committee. c. Notwithstanding any language to the contrary contained herein, the City, with the prior consent of SPARC, may discontinue or significantly reduce the level of hours of operation of either the Lewis Ice Arena or the Aspen Ice Garden, or both, (including the sale of one or both facilities) whenever the parties hereto agree that such discontinuance of service is in the best interests of the City of Aspen and the Aspen community, including, but not limited to, unfavorable economic conditions or such other situations that cause the demand for ice skating facilities to be significantly reduced from current expected levels. In the event SPARC ceases to exist the ARC Advisory Committee shall fill its role under this sub-paragraph. d. Notwithstanding any language to the contrary contained herein, in the event that the City desires to discontinue or significantly reduce the level of hours 2 of operation of either the Lewis Ice Arena or the Aspen Ice Garden, or both, (including the sale of one or both facilities) and SPARC (or if SPARC no longer exists, the ARC Advisory Committee) has not consented to such a discontinuance or reduction in accordance with subsection (c) above, the City may nevertheless discontinue or reduce the level of operations (including the sale of one or both facilities) upon the prior approval of the electors of the City of Aspen. Provided that no such discontinuance or reduction shall take place during the period ending August 30, 2005. Provided further that no such discontinuance or reduction shall take place except upon at least 6 months prior written notice to SPARC of City's intent to take such action. 3. Creation of an Advisory Committee. Section 8 of the June 11, 2001, Agreement recognizes that most, if not all, of the capital costs of constructing the Lewis Ice Arena were raised from private donations. As part of that reco~ition, the City agreed to create an advisory board "in order to ensure that the City operates the ice arena facility and the remainder of the Recreation Center in the best possible manner, consistent with any budgetary constraints that the City may encounter in the future." The City further agreed to consult in advance and on a continuing basis with SPARC on all matters relating to the use and operation of the ~ce arena facility and of the Recreation Center complex. The parties hereto agree that the ARC Advisory Committee established by the City Council by the adoption of Resolution No. 52, Series of 2003, meets the requirements of Section 8 of the June 11, 2001, Agreement. 4. Namin~ Rights. The City understands and agrees that donors to the original capital campaign, as identified on attached Exhibit A, shall continue to have the right to choose naming oppommities from the City-approved Schedule of Naming Opportunities attached as Exhibit D to the June 11, 2001 Agreement ("Exhibit D"). In addition, the City agrees that SPARC shall have the righl to offer naming rights in connection with SPARC's future capital campaigns, but only for facilities, amenities or fixtures associated with the Lewis Ice Arena, including the locker rooms. City covenants and agrees with SPARC that City will honor such naming rights provided the following procedures are followed: (a) The particular donor has exercised its naming rights within three (3) years following the date of the donor's contribution or pledge, whichever occurs first, (b) 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 ARC and neighboring facilities, provided, however, that City shall not u~easonably withhold or delay its approval of names chosen by donors. (c) City approves in writing any portion of a facility, amenity or fixture that is not listed on said Exhibit D, or otherwise associated with the Lewis Ice 3 Arena, for which an offer has been made by a potential donor, which approval shall include the chosen name and, eventually, the design of the sign that is proposed to be placed on or near the portion of facility, amenity or fixture chosen to be named. (d) The design of all signs proposed to be placed on or near a facility, amenity or fixture identified on said Exhibit D or otherwise associated with the Lewis Ice Arena shall be approved in advance by City, and shall be in compliance with the s~gn regulations of the City of Aspen. City shall not unreasonably withhold or delay 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 ARC and neighboring facilities. (e) The cost of all signs shall be borne by SPARC or the donor. (f) SPARC's naming fights hereunder shall expire upon the expiration of the term set forth next to a particular naming right on said Exhibit D, or 10 years from the date of this First Amendment, whichever term is longer. 5. EffeetofAmendments. In all other respects, the June 11, 2001, Agreement shall remain unmodified hereby and in full rome and effect. 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 Co~~l~ation By~ Attest: Kathryn Kocl2pCity Clerk Approved as to Form: j,/'~/~'~.~//2~,/<t~ ..'~ John Wbf~ester, Qiiy Attoni~y 4 SPARC: FRIENDS FOR THE ASPEN SPORTS AND RECREATION COMPLEX, a Coloration ~'~---'SE'6tt Writer, President Att est:~/~/~)~ B~tl~ 1~l~off ~lacla~-r. Secretary JPW-08/11/2003 -G:\john\word~agr\SPARC-FirstAmend-final. DOC o ~ ~