Loading...
HomeMy WebLinkAboutagenda.council.worksession.20090818ASPEN CITY COUNCIL Work Session August 18, 2009 4:30 Discussion with ARC Advisory Board Proposed Ballot Questions Previously Used Run Off Elections ORDINANCE NO. (SERIES OF 2009) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY AMENDING SECTIONS 2.7 AND 3.2, TO ELIMINATE INSTANT RUN OFF PROCEDURES AND RE-INSTATE PREVIOUSLY USED RUN OFF ELECTION PROCEDURES FOR THE OFFICES OF MAYOR AND COUNCILMEN; AND, TO AMEND THE REQUISITE NUMBER OF VOTES NEEDED TO BE ELECTED TO THE OFFICES OF MAYOR AND COUNCILMEN. WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to eliminate instant run off voting procedures and re-instated previously used run-off elections for the election of the offices of Mayor and Councilmen, and; WHEREAS, the City Council desires to amend the City of Aspen City Charter to amend the requisite votes needed to be elected to the office of Mayor and Councilmen; and WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as may be enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment, and submission of the proposed amendments to the electorate; and, WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes amendments to the City Charter in the manner prescribed by the state constitution; and WHEREAS, the City Council finds that allowing the voters of the City of Aspen an opportunity to amend their City Charter as described in this Ordinance is an emergency Page 1 of 5 necessary for the promotion of the public health, safety, and welfare and is necessary to implement immediately to preserve the general well-being of the citizens of the City of Aspen, all in accordance with Section 4.11 of the City of Aspen Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1• Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and readopted to read as follows: Section 2.7. Run-off elections In the event of a run-off election is necessitated for the offices of mayor or councilmen, said election shall be held the first Tuesday in June following the municipal election. The run- offelection shall be held in the same manner as the municipal election, except: (a) Certificate of candidates and publication of election notice shall be on or before the tenth (10"') day before the run-off election. (b) If a run-off for mayor is required, the two (2) persons with the highest number of votes for mayor in the municipal election shall appear on the ballot for mayor. (c) If a run-off election is required for two vacancies for the office of councilman, then the four (4) persons not elected to office with the highest number of votes for councilman in the municipal election shall appear on the ballot for councilmen. The two persons receiving the highest number of votes in the number-off election shall be elected for a four year term. In this event, each voter shall be allowed to cast two votes for the office of Councilmember. (d) If a run-off election is required for one vacancy for the office of councilman, then the two (2) persons not elected to office with the highest number of votes for councilman in the municipal election shall appear on the ballot for councilmen. The person receiving the highest number of votes in the run-off election shall be elected for a four year term. In this event, each voter shall be allowed to cast one vote for the office of Councilmember (e) The number of candidates shall be arranged in the same order as they appeared in the municipal election. As soon as the polls are closed after every run-off election, the judges shall determine the number of votes cast for each candidate and make return thereof to the election Page 2 of 5 commission and the candidates receiving the greatest number of votes cast at said election shall be declared elected. As soon as the polls are closed after every run-off election, the judges of election shall immediately lock and seal each voting machine or ballot box against further voting and each such machine or ballot box shall remain so locked and sealed for a period of seven (7) days unless ordered by the court. Section 2• Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to read as follows: Section 3.2 Terms of office for councilmen The terms of office for councilmen shall be for four (4) years. At all municipal elections, the two (2) candidates receiving the highest number of votes shall be elected for a four yeaz term, provided that the candidate receives forty-five percent (45%) plus one vote, or more, of the votes cast for the office ("votes cast for the office" shall be calculate by dividing the sum of all votes cast for all candidates by two (2).) In the event that the number of elected candidates shall be less than the number of vacancies following the municipal election, the run-off election shall be held in accordance with Section 2.7. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Page 3 of 5 This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the special municipal election to be held on November 3, 2009, of the following ballot question: Amendment to Home Rule Charter to require run-off elections Shall Ordinance No. ,Series of 2009, be approved to amend Section 2.7 of the City of Aspen Home Rule Charter to eliminate the current instant run-off election voting procedures and re-adopt the previously used run-off voting procedures for the election of Mayor and members of Council; and, to amend Section 3.2 to require members of Council to be elected by forty-five percent (45%) plus one vote, or more, of the total votes cast for the office? Yes [ ] No [ ] A public hearing on this ordinance shall be held on the , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Section 6: The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a newspaper of general circulation within ten (1) days, or as soon as possible thereafter as possible. INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the day of August 2009. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY adopted, passed and approved this Attest: day of 2007. Page 4 of 5 No Run Off Election ORDINANCE NO. (SERIES OF 2009) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY REPEALING SECTION 2.7 TO ELIMINATE INSTANT RUN-OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL; TO AMEND SECTION 3.2 TO CHANGE THE REQUISITE NUMBER OF VOTES NEEDED BY COUNCIL MEMBERS FOR ELECTION AND THE REQUIREMENT FOR ANY TYPE OF RUN-OFF ELECTION; AND, TO AMEND SECTION 3.3 TO DELETE THE REQUIREMENT FOR ANY TYPE OF RUN-OFF ELECTION FOR THE OFFICE OF MAYOR WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to eliminate all types of run-off elections for the offices of Mayor and members of Council, and; WHEREAS, the City Council desires to amend the City of Aspen City Charter to amend the requisite votes needed to be elected to the office of Mayor and Council Members; and WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as may be enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment, and submission of the proposed amendments to the electorate; and, WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the City Charter in the manner prescribed by the state constitution. WHEREAS, the City Council finds that allowing the voters of the City of Aspen an opportunity to amend their City Charter as described in this Ordinance is an emergency Page 1 of 4 necessary for the promotion of the public health, safety, and welfaze and is necessary to implement immediately to preserve the general well-being of the citizens of the City of Aspen, all in accordance with Section 4.11 of the City of Aspen Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1• Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is hereby deleted in its entirety. Section 2• Section 3.2 of the Home Rule Charter shall be amended to read as follows: Section 3.2 Terms of office for council members. The term of office for council members shall be for four (4) years. At all municipal elections, the two (2) candidates receiving the highest number of votes shall be elected for a four year term. Each voter shall be allowed to vote for two candidates for the office of Councilmember. Section 3: Section 3.3 of the City of Aspen Home Rule Charter shall be amended to read as follows: Section 3.3 Mayor The mayor shall be elected at lazge from the entire city for a term of two (2) yeazs. The candidate receiving the highest number of votes shall be elected mayor. The Mayor shall preside at meetings of the council and shall exercise such powers and perform such other duties as aze or may be conferred and imposed upon him or her by this Charter or the ordinances of the City. He or she shall have all of the powers, rights, privileges and obligations of a council member. He or she shall be recognized as the head of the government for all ceremonial and legal purposes and he or she shall execute and authenticate legal instruments requiring his or her signature as such official. Page 2 of 4 Section 3• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the special municipal election to be held on November 3, 2009, of the following ballot question: Amendment to Home Rule Charter regarding Mayor and Council elections Shall Ordinance No. ,Series of 2009, be approved to repeal Section 2.7 of the City of Aspen Home Rule Charter to eliminate instant run-off voting procedures for the election of Mayor and members of Council; to amend Section 3.2 to change the requisite number of votes needed by council members for election and the requirement for run-off elections; and, to amend Section 3.3 to delete the requirement for run-off elections for the office of Mayor? Yes [ ] No [] A public hearing on this ordinance shall be held on the , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of August 2009. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY adopted, passed and approved this day of Attest: Kathryn S. Koch, City Clerk 2007. Michael C. Ireland, Mayor Page 4 of 4 Publication of Ordinances ORDINANCE NO. (Series of 2009) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY THE ADDITION OF A NEW SECTION 4.16 TO ALLOW FOR THE PUBLICATION OF ORDINANCES ON THE CITY OF ASPEN INTERNET WEBSITE. WHEREAS, the City Council has determined that the Home Rule Charter requirement that ordinances be published in full in a newspaper of general circulation has proven to be an expense to the City of Aspen without providing the best method for informing the public of proposed legislation before the City Council; and WHEREAS, the City Council desires to amend the City of Aspen City Charter to allow the requisite publication of ordinances to be done by posting ordinances on the city of Aspen's Internet website; and, WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as maybe enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment, and submission of the proposed amendments to the electorate; and, WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes amendments to the City Charter in the manner prescribed by the state constitution; and WHEREAS, the City Council finds that allowing the voters of the City of Aspen an opportunity to amend their City Charter as described in this Ordinance is an emergency necessary for the promotion of the public health, safety, and welfare and is necessary to implement immediately to preserve the general well-being of the citizens of the City of Aspen, all in accordance with Section 4.11 of the City of Aspen Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article IV of the City of Aspen Home Rule Charter be amended by the addition of a new Section 4.16 which section shall read as follows: Section 4.16. Publication. Whenever an ordinance is required to be published in full or by title pursuant to sections 4.10 or 4.11, it may be published by posting the ordinance in full on the City of aspen Internet website, www.aspenpitkin.com, or its successor website. Section 2 That this ordinance shall become effective only upon approval of the electorate of the City of Aspen at the special municipal election to beheld on November 3, 2009, of the following ballot question: Amendment to City of Aspen Home Rule Charter -Publication of Ordinances Shall Ordinance No. Series of 2009, be adopted? This ordinance proposes to amend the City of Aspen Home Rule Charter by adding a new section allowing the publication of ordinances by posting them on the City of Aspen Internet website. Yes [ ] No [] Section 3 That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 That this ordinance shall not have any effect on the existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a newspaper of general circulation within ten (1) days, or as soon as possible thereafter as possible. INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the day of August 2009. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY adopted, passed and approved this day of 2007. RESOLUTION NO. _ (Series of 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 3, 2009, SPECIAL ELECTION AN ADVISORY QUESTIONS REGARDING INSTANT RUNOFF VOTING. WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen Home Rule Charter to, on its own motion, submit questions to a vote of the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question relating to Instant Runoff Voting shall be placed on the ballot at the November 3, 2009 election: Shall the City of Aspen Retain Instant Runoff Voting Procedures for the Election of Mayor and City Council Members? Yes: No: INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of August, 2009. Michael C. Ireland, Mayor RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 3, 2009, SPECIAL ELECTION AN ADVISORY QUESTIONS REGARDING INSTANT RUNOFF VOTING. WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen Home Rule Charter to, on its own motion, submit questions to a vote of the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question relating to Instant Runoff Voting shall be placed on the ballot at the November 3, 2009 election: Do you support the retention of Instant Runoff Voting Procedures for the Election of Mayor and City Council Members? Yes: No: INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of August, 2009. Michael C. Ireland, Mayor MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR CC: JONATHAN GODES, DEPUTY DIRECTOR OF RECREATION JEFF WOODS, MANAGER OF PARKS & RECREATION ARC ADVISORY COMMITTEE MEETING DATE: AUGUST 18, 2009 RE: SPARC Agreement and Advisory Committee Charge, Recreation Business Plan, Cost Recovery Model, Event Flooring, Wireless Internet Access at the ARC Summary: The ARC Citizen Advisory Committee and staff wish to meet with Council for the purpose of introducing themselves and reviewing the SPARC agreement included as part of this memo. In addition the Advisory Committee and staff wish to gain general direction from Council on the following items. 1. Review of the Recreation Division Business Plan, specifically the facility improvements (see attachment "A") 2. A review of a cost recovery model for Recreation and what goals Council would like to see accomplished (see attachment "B") 3. Events in Ice Facilities and the need for flooring (see attachment „C„) 4. Wireless Internet Access at the ARC The Advisory Committee and Staff would like to visit each of these items in order to get a feel for the direction and goals Council would like to achieve. The Questions we ask of Council today are: 1. What steps would Council like to see taken in order to pursue improvements identified in the Recreation Division Business Plan? 2. Is a cost recovery of 57% for Recreation Programs and Facilities sufficient or would Council like to see this improve? 3. Is Council supportive of events taking place in the Ice facilities? 4. Is Council supportive of Wireless Internet within the ARC and how would they like to pursue this? In the body of this memo and the attachments staff has presented scenarios/options for each of the topics of discussion. At the end of this work session the Advisory Committee and staff hope to have some direction from Council as to how they would like to see staff and the Advisory Committee proceed in achieving these goals if in fact Council wishes to pursue these items at this time. Discussion: Recreation Business Plan; Future Improvements: If Council will refer to attachment "A", this is a page from the 2004 Recreation Division Business Plan. Council will notice that the top two items which citizens identified in the survey that needed to be added to the ARC were: 1) an outdoors rimaaiug-pont;..2) a fitne` ss room. These remain the most often requested items or questions as to when we will add these improved features by citizens using the ARC. • The ARC Advisory Committee would like to know where Council stands on future improvements to recreational facilities. • How would Council like for the Advisory Committee and/or staff to act regarding these requests? • And, what further information would Council like to see presented, if any, regarding the addition/improvement of recreational facilities? Cost Recovery: Council will find attachment "B" within this packet. This sheet represents a thorough cost analysis and breakdown of revenues and expenses associated with Recreation Facilities and Programs. The Advisory Committee and the recreation staff along with the Finance Department worked on this analysis to identify where recreation was in its recovery of expenses. Staff arrived at these recovery percentages by calculating staff time allocated to programs and facilities, allocations of administrative costs, and allocations of maintenance costs versus revenues generated. While the allocations are somewhat subjective in the approach, they are well thought out. Council will notice that the overall recovery for Recreation is 57%. While the recovery varies from facility to facility Council will find the ARC and the Aspen Ice Garden to be fairly consistent. One reason for the Recreation Programs to be identified as a lower recovery is due to the mass amount of youth programming that is offered through that arm of Recreation which offers lower fees and requires larger amounts of staffing. If Council wishes to see the recovery percentage of revenues over expenses in recreation increase the following calculation would identify possible scenarios which need to take place: • Each 1% increase to the Recovery of expenditures through revenues would mean a 1.76% increase in fees barring any increases to expenditures. • In order to get to a 60% recovery percentage for recreation overall, fees would need to increase across the board by 6%. • To bring Recreation in line with the other venues at a 60% recovery rate, you would need a 26% increase in recreation program fees. Staff realizes that further cuts to expenditures could also help increase the recovery percentage for recreation programs and facilities, but staff also feels that further cuts would require major service level changes to the operation of programs and facilities. In addition, staff continues to look for ways to increase revenues through new programming ideas (such as events being held at ice facilities as discussed later in this memo). Council will also find attachment "D" which identified the subsidy levels which the Recreation Division has achieved over the years. In 2002 Council identified a goal of an additional $300,000 in subsidy with the addition of the ARC. The ARC opened in April of 2003 with numbers being lower than projected. Staff made major cuts to the expenditure budget at the ARC in 2004 which brought us much closer to the goal. In 2005 pricing was examined to include the entire valley as locals and marketing to the guest was a focus. You can see the immense improvement to meeting the goal by this time. Over the years the Recreation Division has worked on meeting the subsidy goals and had met and even exceeded the goal in these difficult economic times. Events/Flooring: This past summer the Aspen Ice Garden hosted a 3 day Antique Fair following the removal of the ice for maintenance of that facility. The 3 day event brought $20,000 in additional revenue to the Ice Garden. We now have other groups/events wishing to use the Ice Garden. Council will find in attachment "C" a pro forma for the purchase and rental of flooring such that the ice facilities could host more events in the future. Vail provides the use of the Dobson Ice Arena for $3,800.00/day. Their cost for set up and take down is similar to what is identified in the attached pro forma. The issue with renting the ice facilities for events is that they may in some cases displace users in that specific facility. Now, with that being said, staff does not feel the ice facilities could reasonably host an event during the months of November through February when local users are at their highest demand for ice time. In the other months we always have enough ice time available to accommodate all user group needs, but in some cases they may have to move to another facility or use a different time slot to get the ice they require. In the summer months; for example, the Ice Garden could host events beginning on Friday afternoons through Sunday night without displacing any groups. This is the market staff would target the most so we don't disrupt the regular scheduling of local users. Wireless Internet at the ARC: Currently staff is pursing through a bid process, a company who might be interested in providing the wireless Internet Service to the ARC. We will seek a party who will pick up all cost to install and maintain wireless Internet service within the building. If we find that there are no interested parties in providing this service the next step would be a ballot question asking the public if they would like to see wireless Internet brought into the ARC and operated by the City of Aspen? This would involve the City paying for the set up cost of the wireless system (approximately $10,000) and then a monthly access charge of about $300. Staff would consider recouping the investment through charging users at the ARC to use the system or consider it an element of customer service. The question to Council at this time is; would Council be willing to place this question on a fall ballot if there are no interested parties for the installation of wireless Internet at the ARC? Staff and the ARC Advisory Committee look forward to a discussion of these items with Council on the 18`h of August. SPARC ~cEet~ RESOLUTION NO. 5c2i Series of 2003 A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF ASPEN, COLORAAO,, ESTABLISHII~IG AN ASPEN RECREATION CENTER ADVISORY COMMITTEE, DESCRIBING ITS DUTIES; DESCRIBTNG.THE COMMITTEE'S COMPOSITION, TERMS AND QUALIFICATIONS FOR ITS MEMBERS, AND ES'T'ABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COIvIMITTEE. WHEREAS, the citizens of Aspen have caused to be constructed a modern recreation facility Imown as the Aspen Recreation Center ("ARC") for the benefit of its residents and guests; and WHEREAS, Friends for the Aspen Spoits and Recreation Complex, a Colorado nonprofit corporation commonly lmown as SPARC, was formed by prominent members of the community to create, maintain, and enhance quality recreational oppommities for the youth, citizens, and visitors of Aspen and the Roaring Fork Valley; and WHEREAS, SPARC raised $8,000,000 in cash and pledges from private donations for the construction of the ice azena facilityportion of the ARC, including the ice azena's allocated share of the common costs associated with the ARC; and WHEREAS, the City Council recognizes that SPARC and other user groups have a particular, interest in the efficient and economical operation of pmgtams and services offered at the Aspen Recreation Center, and have a desire to participate in the formulation and implementation of operating guidelines, policies and procedure for said programs and services; and WHEREAS, as an inducement to SPARC and its private donors to raise funds sufficient to complete the construction of the ARC, the City Council, upon the adoption of Resolution No. 95, Series of 2000, and Resolution No. 68, Series of 2001, made certain commitments to SPARC with respect to the creation of an advisory boazd; to wit: 1 "The City recognizes that most if not all ofthe capital costs of constructing the ice arena facility will be raised from private donations, and appreciates that such donors have the right to expect that then contributions will be .spent in support of a high quality facility in both function and appearance, as well as a facility that operates economically and efficiently, In order to ensure that City operates the ice arena facility and. the remainder of the Recreation Center in the best possible manner, consistent with any budgetary constraints that City may encounter in the future, from and a#ter the date of this Agreement City agrees to consult in advance and on a continuing basis with SPARC and/or with an Advisory Boazd established by SPARC (individually and collecfively the "Advisory Boazd") on all matters relating to the use and operation of the ice arena facility 'and of the Recreation complex (including the associated parking areas and other amenities), including without limitation the following. matters: (i) The formulation and implementation of operating guidelines, policies and procedures; (ii) the programming and scheduling of all uses.of the ice aeena facility, and any related fee schedule, and the coordination of such grogrammingand-scheduling with the uses of the Aspen Ice Gazden; (iii) the hiring, performance review and termination of employees of the ice aeena facility and of the remainder of the Recreation Center complex; and (iv) the' annual operating budgets for both the ice arena facility and the remainder of the Recreation Center complex, appropriate ,reserves, and the capital improvement maintenance programs. `$efore`making any decisions or adopting any policies with respect to any such matters, City agrees to give full and careful consideration to the views.and recommendations of the ?dvisory Board, . It is the mutual intention and understanding of the parties that the Advisory Boazd shall be an independent, functional and influential entity, and City agrees not . to do anything that impairs or diminishes the role or authority of the- Advisory Board. The Advisory Board shall be appointed and removed from time to time by the Board of Directors of SPARC, for such terms and pursuant to such procedures as may be adopted from time to time by the SPARC Boazd. In the event of the dissolution or other termination of the existence of SPARC, the final Boazd of Directors of SPARC shall establish an on-going procedure for the appointment and removal,of the members of the Advisory Board." ;and WHEREAS, the City Council desires to establish, an Advisory Committee composed of citizens of the City of Aspen to assist the City Council and its professional staff in the use, operation and maintenance of the physical plant, and the efficient operation of programs and services offered within the Aspen Recreation Center and the coordination thereof with the existing . City ofAspen Ice Garden; and 2 WHEREAS, the City Council desires to execute. an Agreement, in substantially the form as appended hereto as Exhibit A, with SPARC that clapfies and. incorporates prior commitments to SPARC and its private donors. NOW, WHEREFORE, BE TT RESOLVED BY THE CTTY COUNCIL OF THE CITY.OR ASPEN, COLORADO, THAT Section 1. Establishment of Ashen Recreation Center Advisory Committee. There is hereby established the Aspen Recreation Center Advisory Committee (the "ARC Advisory Committee") as hereinafter set forth: Section 2. Comoosition• Term- Qualifications of Members. The ARC Advisory Committee shall be constituted as follows: (a) The ARC Advisory Committee shall consist of seven ('n members. (i) Four (4) members shall be appointed by Friends for the Aspen Sports and Recreation Complex ("SPARC'~ (ii) One member shall be appointed by the Aspen Youth Center Board of Directors to represent the interests and concerns of the Aspen Youth Center. facilities at the ARC. (iii) One member-shall be appointed by the City Council to represent the interests of the users of the swimming facilities at the ARC. (iv) One member shall be appointed by the City Council to represent the general .public .interests and.concerns relative to the entire ARC facilities, including the ice skating rink, swimming facilities, youth center operations viithin the ARC, climbing wall and other recreational amenities within the ARC and 3 immediate surrounding areas, concession facilities, and all. common areas of the ARC. (b) All members of the ARC Advisory Committee shall, be appointed for a period of two (2) yeazs, provided that with respect to the four members initially appointed by SPARC, 2 members shall serve 1 yeaz terms and 2 members shall serve 2 year terms, as designated by SPARC, in order to stagger such terms. Thereafter, all SPARC -appointed members shall serve 2-yeaz terms. Members appointed,by SPARC shall serve at the pleasure of the SPARC Boazd of Directors. The member appointed by the Youth Center shall serve at the pleasure of the Youth Center Board of Directors. The two members .appointed by the City Council shall serve at the pleasure of the City Council. There shall be no restraint on the number of terms that members may serve on the ARC Advisory Committee. (c) All members of tke ARC Advisory Committee, at the time of their appointment, shall be residents of Pitldn County for a period of no less than one (1) yeaz. At least two (2) members appointed by the 5PARC Boazd of Directors shall be residents of the City of Aspen at the time of their appointment and during their term as members of the ARC Advisory Committee. Members shall continue to be residents of Pitldn County during their term as members of the ARC Advisory Committee. Residence for purposes of this section shall mean having, a principal residence in the City of Aspen or Pitldn County, as appropriate, with only occasional absences from the City of Aspen or Pitkin County not exceeding 3 months in any calendaz year. (d) No member of the City Council, Mayor, city employee, or any appointed officials shall be eligible to serve on the ARC Advisory Committee. 4 Section 3. Powers and Duties. The ARC Advisory Committee shall have the following powers and duties, all of which shall be exercised subject to-the laws of the State of Colorado, including, but not limited to, the Open Meetings Laws, (Sections 24-6-4DI, et seq.), and in accordance with the public interest: (a) To consider, advise and recommend to the' City Council and the City's professional staff on matters relating to the following: * The formulation and implementation of guidelines, policies and procedures . relating to the use and operation of the Lewis Ice Arena, the ARC, and associated parking areas and amenities. * The programming and scheduling of all uses of.the ice arena facility, the aquatic facilities, the climbing wall and other amenities within the ARC, the space occupied by the Youth Center and all azeas surrounding the ARC, and ' the coordination of such ice azena progra*nmi.,g and scheduling with the uses of the Aspen Ice Gazden. It is the City Council's philosophy with respect to scheduling at the ARC to prioritize usage as follows: (1) youth activities and youth sports events (e.g. Aspen Junior Hockey and figure skating), (2) public usage, (3) adult programs, and (4) special events. Adult club sports and ice only parties should be primarily scheduled at the Aspen Ice Garden. Subject to demand at the Lewis Ice Arena, locker areas should be primarily made available to youth club sports starting no later than 6:00 am. * All fee schedules for public or private use of facilities within the ARC and Aspen' Ice Garden should be ,adopted by.tihe City Council as part of its annual budgeting process and incorporated , in the City's annual fee ordinance, following consideration and advice 'and recommendation of the ARC Advisory Committee. The fee schedules adopted should be properly allocated between youth activities, persons' abilities to pay, availability of facilities, and frequency of uses of the facilities. In addition, the fee schedule should reflect usage by local residents and non-residents. Bulk wholesale rates for usage at the two ice skating facilities should be discussed by the City's professional staff and the ARC Operating. Committee as part of the process of recommending fee structures. '~ Coordination of all scheduled activities within. the City of Aspen that may impact the efficient and economic use of the ARC; * The hiring, performance and temunation of the City's professional staff employed to operate and maintain the ARC; 5 * The annual budgets of all programs, facilities and offered services within the ARC, including appropriate receives and appropriate capital improvement/ maintenance programs; * The rental of space within the ARC for concessionaires and special events, including the use of space by non-profit organizations; and * Any other issues, concerns, suggestions or recommendations determined by the ARC Advisory Committee to be related to efficient and economical use, operation and maintenance of the physical plant or progranunirig within the ARC and Aspen Ice, Garden, or any other matters referred to the ARC Advisory Committee by the City Council or professional staff. (b) Recognizing that the Youth Center Boazd is a separate non-profit organization and a lessee of the space occupied by them within the ARC, and notwithstanding the expansive list of matters set forth above upon which the ARC Advisory Cbnunittee , shall consider, advise and make recommendations to the City Council and professional staff .nothing in this resolution is intended to permit or shall be construed to permit or authorize the ARC Advisory Committee to interfere in the internal affairs of the Youth Center Boazd, including such matters as the user fees they may collect, their budget, hours of operation, personnel matters, etc. It is the intention of this resolution, however, that all users and providers of services will be able to discuss matters of mutual concern for the efficient and economical use of the ARC. Section 4. Rules of Procedure. The ARC Advisory Committee shall establish such rules of procedure as it deems necessary and appropriate not inconsistent with this resolution, including the following: (a) A quorum for the transaction of business shall consist of no less than four (4) members, at least one of whom must be a member,not appointed by SPARC. If a quorum is present the affirmative act of a majority of the members present shall be the act of the ARC Advisory Committee: 6 (b) The ARC Advisory Committee shall. establish ,regular meetings and special meetings may be called by the Chair of the ARC Advisory Committee on at least twenty four (24) hours notice to all members; provided, however; that special meetings may be held on shorter notice if all members of the ARC Advisory Committee are present or have waived notice thereof. (c) All regulaz meetings of the ARC Advisory Committee shall be publicly noticed by posting a notice in a prominent location within the ARC at least 5 days prior to the date of the meeting. Special meetings shall be noticed as soon as is prac#icable. (d) The City's professional staff shall lie notified of all regular and special meetings. Notice to the City's professional staff shall be accomplished by providing written notice to the City's Director of Recreational Services. (e) All special and regular meetings of the ARC Advisory Committee shall be open to the public except duly authorized executive sessions called in accordance with the State of Colorado Open Meetings Law (Sections 24-6-401, et seq.) Citizens shall be given a reasonable opportunity to be heazd during a portion of all public meetings. (f) To assist the ARC Advisory Committee. and the City's professional staff to establish operational policies, and other matters consistent with,this resolution, the following decision making process shall, be followed: (i) The Cit}~s professional staff shall prepaze operating policies and procedures for all activities offered at the ARC and Aspen Ice Garden. Said policies and procedures shall include, but not necessarily be limited to, personnel policies and procedures, operational policies and procedures, fee schedules, and event scheduling. Before any such operating policies and procedures aze implemented or amended,"the City's professional staff shall forwazd the same to the ARC Advisory Committee for its review and approval. (ii) In the event that the ARC Advisory Committee does not approve a particulaz policy' or procedure, in whole or in part, it shall meet with the City's professional staff in an effort to reach consensus on the particular policy or procedure not approved by the ARC Advisory Committee. (iii). ' In'the event that the ARC Advisory Committee and the City's professional staff aze not able to reach agreement on a particular policy or procedure, the dispute shall be forwarded to the City Council for resolution at the eazliest opportunity. Both the ARC Advisory Committee and the City's staff. shall have an opportunity to address the matter in front of City Council. City Council's decision in such disputes shall be final. (g) The City shall.provide a meeting space for all duly noticed meetings of the ARC Advisory Committee, and shall provide .all reasonably related adminishative services for the proper function of'the Cormittee. If and to the extent requested by the ARC Advisory Committee, a member of the City's professional staff shall attend duly noticed meetings of the ARC Advisory Committee, and shall keep records and minutes of the meetings so attended. Section 5. The City Manager is hereby authorized, on behalf of the City of Aspen, to execute an Agreement with SPARC in substantially the form as the Agreement appended.hereto as Exhibit A. ., ~.. Dated: ~ % 3 , 2003. Helen Kahn Kl erud, ayor I, Kathryn S. Koch, duly appointed and acting City Clerk do cerfify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held 2003 Kathryn S. K ,City Clerk JPW-08/11/2003-G:\j oha\word\re90s\SPARC-Final, resO.DOC \\ 4 ~tk4ac~.r..,~~ Aspen Recreation Division Operations Audit and Business Plan Development Final Report Section 8 -Possibilities for ARC Expansion As an additional level of facility assessment, the Consulting Team evaluated if any expansions of the ARC were warranted on a short-term and long-term basis. In addition, the Consulting Team prepared a Facility Assessment (Section 4) that identified improvements related to operations and efficiencies. Longer term opportunities were evaluated in this Section to include specific expansion priorities, operational implications and whether the expansion would increase cost of operations or revenue generation. A summary of key findings and the opportuni ties include: 3 ~~ a ps ~/o , i Pi's i g: i As presented earlier in Section 4 -Facility Assessment, the ARC can effectively serve the community needs for a long time. However, it could better support the changing market needs and trends with more flexible programming space, enhancing operations with pl Va7srt.~a 45 consulting The ARC layout and design has limited flexibility and expansion opportunities and present certain operational constraints related to access and control and limited programming space outside of pool, ice, one meeting room, fitness room and climbing wall activities. tC~~ Y~4 ----- piG - $359,630 $591,848 61% 15% Adult $223,500 $344,291 65% 58% Youth $136,130 $247,557 56% 42% ARC $1,358,000 $2,286,408 59% 59% Adult $523,600 $470,639 111% 21% YOUth $834,400 $1,815,769 46% 79% Recreation $459,950 $970,668 47% 25% Adult $123,000 $375,962 33% 39% Youth $336,950 $594,706 67% 61% Grand Total $2,177,580 $3,848,924 57% 100% '; ..:., i wr.. Adult $870,100 $1,190,892 73% 31% Youth $1,307,480 $2,658,032 49% 69% Grand Total $2,177,580 $3,848,924 57% 100% pIG ____~ $359,630 $591,848 61% 15% Ice $359,630 $591,848 61% 100% ARC $1,358,000 $2,286,408 59% 69% Fitness/Climbing $268,500 $54,390 494% 2% Ice $504,000 $452,061 111% 20% Other $50,000 $1,321,603 4% 68% Pool $535,500 $458,355 117% 20% Recreation $459,950 $970,668 47% 25% Fitness/Climbing $91,400 $185,192 49% 19% Other $201,938 21% Recreation $368,550 $583,538 63% 60% Grand Total $2,177,580 $3,848,924 57% 100% A m ~ o v ° ' m ;~ 0 - m ~ 3 1p N ~ K ~ A c d O ~~. ~ d -i r~~ M O ~ 'O '* , ::~ : t1 fD - O .e V1 r+ 7r A n pp ~ ~ .-r S A d ; ~ .+ d C .O O C 7 am v. 3 < ~> n~ N g o °1 O ^ N ~y- A W 0 0 K '111. °o < F '' c ~ in ~ n ° m o v, o c o Q .+ o m o . ° o „ O O- '4~- -~' d ,~ O O V tT :Fy ~ ~ . r C + m N -E` N ~ Q1 01 01 ~ .:p O_ ~ r r N , M ~ ~ Q v m G ? ~^ ~ O O ~ II m m rn 1 o C fD ,y ~ ~ S O' ~F iR i/~ ~ ' . ~ Q 7 ~ ,.~ ( ~ ~ ~ C :m: N O O T rt ~ ~ d N S aN:: ' (p S 'y" F- S S 7 m N O O h ~_ *~:.. S C C C S ~ II II ' a v i N p p II V V e {rt N N . S -I F!` A 0 0 ~ S O O N N O O ~ ~ "~'c''. O V O d ~ O p O O C .; O_ ~ ci N e' i r ~ ~; ~"c ia' ~$.` ~~: 'x~ ` ~;" ; x y , ~~ . ~ ~ "; ~// 7 WI' f x n 0 c n d a v l 0 d d 3 d a a ~: 0 3 d N w 0 0 0 O C 6 N d C O 3 0 v m 3 ao .+ 3 tc D z n m a d m a .~ S d 'r N C 6 Od m m 3 O 00 O Q 3 0 fD .* d d O a v N O 'O m d ti 0 3 d J d d J c a T O n o~ ~ ~ O O O O O O O O O O lD 00 V Ol V7 A W N N m ~, v> in x c~ Q. rt W W A W W W W W ~ ~ C ~ ~ fD A F-+ ~ A N O ~ 01 01 N A ~ w O V ~ V O N 1'I C A O O O ~ ~ ~ N C 3 C ~ {!1 i!> i/T V? i/> {A fD N 1 N N N N N I- N O N N ~ Q1 01 A W 00 A Q 1 O J O W O ~ U'i N O 00 W V ~ ~ ~ n r+ C Q1 lD ~ O ~ O V V ~ V i O 01 N V ~ W N F~ 00 `G V V A A O l!7 V ~ ~ ~ ~ O O N V N O C d 0! O ~ A W O O N W ~ A 0 0 0 0 0 0 0 0 ~ N 0 f m ~ N N N N N N N N N m ~ V ~ A c 01 01 l7 ( Q 1 0 0 O N '7 U 00 N N A Q1 N N 61 W A ? ~ v 0 W J < 00 ~ W O Q1 1I ( O O Ut Cn N N 00 O V 00 lD `t f G