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HomeMy WebLinkAboutresolution.council.026-24RESOLUTION N0.026 (Series of 2024) A RESOLUTION ADOPTING REVISIONS TO THE PARK RENTAL POLICY AND SPECIAL EVENT POLICY AS DEFINED IN CHAPTER 14.20 OF THE CITY OF ASPEN MUNICIPAL CODE WHEREAS, the City Council recognizes that parks, open spaces, and public rights -of - way have long been regarded as a particular kind of community area that are available, at least to some extent and on a reasonable bases, for groups of citizens to use for activities, expression of ideas, and social events; and WHEREAS, the City Council desires to continue to provide opportunities for citizens and visitors of Aspen to rent parks for personal uses, including small rentals such as a birthday party or a family gathering; and WHEREAS, the City Council also desires to provide opportunities for commercial use of parks for activities, including but not limited to, fitness and yoga classes, catered picnics, and personal training; and WHEREAS, there is a need to establish fair and equitable rules and regulations to ensure the City's parks and open spaces are protected from the impacts from larger private events and commercial uses, and that park rentals for these types of larger private events and commercial uses are adequately managed through rules, regulations, and policies; and WHEREAS, Section 14.20.130 of the City of Aspen Municipal Code authorizes City Council to adopt and amend from time to time via City Council Resolution a Special Event Policy and Parks Rental Policy tailored to adequately manage park rentals and special event permits and make certain that the intent of the Chapter 14.20 is enforceable; and WHEREAS, City Council initially adopted the Special Event Policy and Parks Rental Policy in April of 2023; and WHEREAS, during the course of the last year, the Parks Department and Special Events Department have identified areas that require modified or additional governance, and therefore propose amendments to the Park Rental and Special Event Policy to adapt to emerging uses and trends in park rentals and special events; and WHEREAS, the City Council has determined that the health, safety, and general welfare of the citizens, residents, and visitors of Aspen will be served by this Resolution, which will provide the necessary updates to the Policies so that Aspen parks and public spaces are adequately managed and ensure that special events, park rentals, and other programmed uses are limited and allow spaces for public health and wellbeing, quiet contemplation, and connection to nature. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the Parks Rental Policy and Special Event Policy are each hereby repealed and replaced, in their entirety, with the attached Parks Rental Policy and Special Event dated February 2, 20240 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of February 2024a Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk true and accurate copy of that resolution adopted by the City Colorado, at a meeting held on the day hereinabovc;�stat do certify that the foregoing is a Council of the City of Aspen, Nicole Henning, City 0 2 �I: r l Table of Contents SpecialEvent Policy.......................................................................................................................................3 Definition...................................................................................................................................................3 Special Events Open to the Public.............................................................................................................3 Special Event Calendar and Long-term Historical Events..........................................................................3 ApplicationRequirements...................................................................................................................:.........3 Experience.................................................................................................................................................3 EventFinance............................................................................................................................................3 PlanningResources...................................................................................................................................3 OtherApplication Details..........................................................................................................................4 A Special Event is an active process..........................................................................................................4 Partnerships..............................................................................................................................................4 Sponsorship and Underwriting..................................................................................................................5 EventClassifications..................................................................................................................................5 LevelOne Event.....................................................................................................................................5 LevelTwo Event.....................................................................................................................................5 ApplicationDeadlines................................................................................................................................5 Review by Special Event Committee.........................................................................................................5 Compliance................................................................................................................................................6 ApplicationFees........................................................................................................................................6 Special Event Policy � 2 C,ITY OF ASPEN Special Event Policy Definition A Special Event is an organized activity that occurs upon public property, for entertainment, commercial or social purposes and requires a special event permit. (see Sec. 14.20.010 for detailed definition). Special Events Open to the Public The City requires a special event to be open to the public. A special event may be a ticketed event, but shall not limit or exclude members of the community from participation or attendance. The City of Aspen will not accept applications for private special events. Special Event Calendar and Long-term Historical Events The City of Aspen has an established calendar of long-standing events, which occupy many prime weekends during the calendar year. Limited opportunities for additional events exist, and the City values applications for new events that are free and open to the public or invigorate economic vitality, or bring cultural, educational and entertainment opportunities to the community. The Special Events Department has the discretion to deny an application for any event that is not in the best interest of the City of Aspen. Criteria that are considered include but are not limited to ticket price, scale of infrastructure proposed to support the event, the time of year requested, displacement of public or other recreational uses, and/or the length of the event including cumulative setup and teardown of event. Special events that are for purposes of vending, including the displaying for sale or solicitating the sale of goods or services, and do not have a vending agreement pursuant to Section 15.04.350 of the City of Aspen Municipal Code, shall be prohibited. Events that create a public safety risk and, in the opinion of the Aspen Police Department, such risk cannot be adequately mitigated may be deemed not in the best interests of the City of Aspen shall also be prohibited. The City prefers that special events use local suppliers to the extent reasonable. Application Requirements Experience New special event applicants must demonstrate capacity and experience to carry out the proposed event. The City may ask for examples and/or solicit references regarding previous events that the applicant has hosted of similar nature. Event Finance The City may require special event applicants to demonstrate they have the financial resources necessary to carry out their event successfully. This may include requiring a bond if there is risk of potential damages to City infrastructure related to the event. Planning Resources The City requires that upon initial submittal, applicant must provide a comprehensive plan that includes appropriate steps to mitigate any potential harm, impacts on essential public services and liability associated with their event. Special Event Policy � 3 Other Application Details Details to be addressed include but are not limited to. o Provide a comprehensive plan and map of the event. o Provide adequate insurance and bonding for the events. o Provide adequate planning for event logistics, security services, emergency services, transportation services and other services and precautions necessary to support a safe event with minimal negative impacts upon the community. A Special Event is an interactive process The City's Special Event Permit is an active process between staff and the event organizer, from the concept level, through after -action review following the event. Staff are available to discuss pre - application level questions, however the process formally begins once an application is submitted. Upon receipt of an application, staff will review the application for completeness. Acceptance of the application initiates a multi -departmental, and community stakeholder process that will continue until permit issuance. Applications under review do not imply the process is complete, nor should initial application submission be construed as final consent or approval of any event. During this time, the City Special Events Department serves as a liaison between city departments, event producers, and members of the community to ensure that the impacts of the event, and necessary event planning are prepared for accordingly. At the sole discretion of the Permit Coordinator, written amendments to the initial application may be authorized. The Special Event permit will outline any other necessary permits (such as building, fire, liquor, etc.) that will be needed for the event, and the permit will not be issued* until all requirements are met. The permit may require participation in after -action review following the event. *It is at the applicants risk and discretion to advertise and publish the event without an approved permit for the special event. Partnerships Event A Partnership Event is an event that the City supports and collaborates with the applicant to produce a successful event. When the City, at its sole discretion, agrees to partner for the purposes of a special event, the City may waive some or all fees associated with the special event permit and long-standing events may be given calendar prioritization. These events have contributed (or will contribute) to the community and economic vitality for many years and the City values and embraces the continuation of these events. Examples of current partnership events include the Ducky Derby and Food and Wine. Partnership Events may have requirements included in the permit that require placement of the City Logo, or other benefits to the City designated within the permit process. New Partnership Events may be discussed with staff, and a proposal may betaken to the Special Event Committee for recommendation starting in January 2024. The Special Event Committee and the City Manager will have the final determination on which events receive a Partnership Event status. Special Event Policy � 4 ti /04,��'► `;ICI CITY OF ASPEN Sponsorship and Underwriting An event that seeks financial contributions or underwriting from the City of Aspen shall first work with City staff on the event application. City staff will facilitate the request and timing for necessary approvals, which may include the City Manager or City Council. At a minimum, events receiving financial contributions, shall embrace the City of Aspen at a formalized sponsorship level that may include logo placement, commercials, or other means of recognition. Event Classifications Special Events are classified generally by their impacts on the community and public resources. Level One Event (must check all criteria) 1. No alcohol sales 2. No street closures 3. Less than 250 people 4. Limited infrastructure 5. Same day duration Level Two Event (any one of these criteria) 1. Sale of Alcohol 2. Street or park closures 3. Greater than one day 4. Significant infrastructure 5. More than 250 people (including staff, vendors and volunteers) Application Deadlines A Level One Event Application (complete application) must be submitted a minimum of 90 days prior to the event. A Level Two Application must be submitted a minimum of 6 months (complete application) prior to the event. Applications submitted with 40% of the application marked as "TBD" or any other terminology that depicts anything other than details will not be considered submitted. Review by Special Event Committee The Special Event Committee during the review process may determine the event is too impactful with infrastructure, street closures, parking and/or general impacts. The Committee may also deny a permit application if it is not in the City's best interests or is contrary to the City of Aspen Municipal Code or City policy. During the review of an application, staff maintains the ability to recommend or require the event to make modifications which may include modifications to the location, (street or park) or dates. The Committee may consider which parks or streets work best for an event, and how to best protect the sustainability of each park or vitality of the businesses or homes in the area. The Committee may also place conditions on, requirements for, or not approve all venue areas and/or activities requested in the Special Event Application. Special Event Policy � 5 Compliance Failure to comply with the terms of a special event permit may result in the immediate cancellation of the event. When an event violates the terms of their permit, the Special Event Committee and/or Public Safety may also take any of the following enforcement actions: o Ticket and fine based on current ordinances o Take any action necessary to ensure public safety o Double fees on future applications (City Manager decision) o Deny any future application for a period of 3 years (City Manager decision) Application Fees Fees shall be assessed in accordance with Sec. 2.12.080 of the City of Aspen Municipal Code. . Special Event Policy � 6 Park Rental Policy Version: February 2, 2024 Table of Contents ParkUse Policy. M 9 P 4 a 9 a a D 0 d 0 a a 0 a 0 0 2 a a 0 a 0 M 0 0 a a a a a a * a a * a 0 5 a a a a a a a a a a ff 5 a a 0 a a a a 0 a a a 0 a 4 * 8 a 8 0 a a a 8 0 8 0 a a 0 a a 0 a w 6 0 w 0 M a M a a a a w 0 a a a * a 0 a 0 a a 0 a 0 0 a 0 0 2 a a 0 0 a a a 0 a 9 9 a 0 0 a 0 8 0 8 a 0 0 d 63 ParkRental:...............................................................................................................................................3 RentalHours..............................................................................................................................................3 AmplifiedSound or Music.........................................................................................................................3 Foodand Waste........................................................................................................................................3 HolidayRentals..........................................................................................................................................3 CommercialRental:...................................................................................................................................4 AthleticUses:.............................................................................................................................................4 Tents.......................................................................................................................................................... 5 Wedding Ceremonies and Receptions......................................................................................................5 Fitness Equipment limitations...................................................................................................................5 OtherFacility Rentals....................................................................................................................................5 Stein Park Commercial Rafting..................................................................................................................5 DayCare Use.............................................................................................................................................5 SummerDay Camps..................................................................................................................................5 Skate Park Commercial Use........ send *some BOONOM06 COMPLIANCE AND ENFORCEMENT...............................................................................................................6 Appendix A —Park Rental Cumulative Hourly Target....................................................................................7 Appendix B — 2024 Parks Department fees, related to Park Rentals and Special Events .............................5 Park Rental Policy � 2 ;ti>�ll� 1�► CIT Y OF ASPEN Park Use Policy Park Renta A Park Rental is defined as any organized gathering of more than 25 people and less than 100 people that utilizes a park space for athletics, fitness, educational offering, picnics, parties, small gatherings, or other activities. Not all public parks are available for Park Rental Permits, and the table in AppendixA defines those parks and the availability of these public spaces for certain uses. A Park Rental is limited to the following conditions: 1. Duration must be less than 4 hours 2. Limited infrastructure* i.e. items such as mats typically used for fitness or yoga, folding chairs, or standard 10'x10' pop up tents a. Bouncy houses, or similar activations and structures are not permitted 3. May not exceed 100 people 4. Park Rental applications will be accepted starting January 1st for the forthcoming calendar year. a. Rental applications must be submitted at least three business days prior to the rental. Rental Hours Rentals may not exceed 4 hours, including any required set-up or teardown of tents, tables, athletic equipment, etc. Rentals shall be limited to the time between dawn and dusk. Amplified Sound or Music Amplified music shall be limited to small and/or portable wireless speakers. Amplified sound or music during a rental shall comply with section 18.04.040 of the City of Aspen Municipal Code ("Code"). Please be respectful of other park users, and limit volume to a minimum. Food and Waste We welcome food being brought into our pari<s for park rentals. Charcoal, electric, gas, and other types A grills and cooking devices are prohibited in the City's parks. Please do not bring your own grill, or other cooking devices into the park. Small amounts of waste generated during a park rental may be deposited in park trash cans. If you find that the park trash can is full from your rental's waste, please be prepared to haul your own trash away from the park. Do not overfill trash cans or leave waste outside of the bear -proof trash cans. Please plan ahead and limit bringing anything into the park that generates unnecessary waste during the rental. Commercial rentals shall be responsible for all waste removal. Holiday Rentals Park rentals may be limited during the Memorial Day, Labor Day, and 4t" ofJuly holidays. Park Rental Policy � 3 Commercial Rental: Commercial shall mean any use of a park that results in, or is intended to, make a profit or where the exchange of money occurs. Fitness and yoga classes, catered picnics, or guided nature activities are examples of commercial rentals in parks. These rentals must follow the four rental conditions, and must aISO: 1. Have a valid City of Aspen business license. 2. Provide proof of insurance pursuant to section 14.20.090 of the Code. 3. Pay the application fee (one-time or reoccurring) 4. Pay the base park rental hourly rate plus daily commercial fee. Athletic Uses: The City of Aspen maintains six parks that are used for athletics. Rentals of athletic fields for athletics are managed by the Recreation Department, and due to high demand, a tiered system is employed to prioritize and balance demand: Tier 1- City of Aspen Programming Tier 2- Aspen School District - In accordance with an agreement between the City and the Aspen School District, the Aspen School District has second priority on field usage. Tier 3- Club User Groups/®ther -Criteria used by the City of Aspen Parks and Recreation Department to determine allocation of field reservations are as follows: • Which sport is "In -Season" • Resident (81611) organizations will take priority. • Higher participation counts in the activity are a factor. • Economic impact to the City of Aspen. • Rental history and past compliance with Parks and Recreation requirements. Parl< Rentals Permits for athletics are billed by the hour in addition to the Athletic Field Prep fee. Parks and Recreation staff will line and prepare the field at the start of the season. For each additional lining of the field, a fee will be applied to offset the staff time and material cost for this service. See Appendix B for Current Fees (2023) or refer to Sec. 2.12.080. Parks Department fees of the Municipal Code. Park Rental Policy � 4 4�,r► �► PAO CITYOFASPEN Athletic use requests must be made seasonally (spring, summer, fall). The application for athletic uses is made according to this schedule: Season Submission Deadline Field Schedules Set Spring January 31 February 13 Summer April 15 May 1 Fall July 15 August 1 Tents A park use permit allows a maximum of four 10'x10' pop-up style tents (or two 10'x20') and must be anchored by weights for wind protection; no staking of tents allowed. Wedding Ceremonies The City of Aspen does not offer a dedicated wedding venue and all requests for wedding ceremonies are considered alongside all other park rental requests, and should be consistent with the Park Rental Permit conditions. Fitness Equipment limitations Park Rental Permits allow the use of portable, non -motorized fitness equipment that has little impact and will not damage the park such as mats or light weights (less than 5 pounds). Playground structures shall not be used for fitness equipment. Fitness equipment that requires attachment to a tree or structure, such as a slackline or hammock, is prohibited (Newbury Park has slackline infrastructure available). Swimming or wading pools are also prohibited. Other Facility Rentals Stein Park Commercial Rafting Commercial rafting operators shall acquire an annual permit for the use of Stein Park as a put -in to the Roaring Fork River. Please contact the permit coordinator for the application and further regulations related to the use of Stein Park. Day Care Use The City of Aspen Park system may be used for incidental and irregular use by day care operators within the community. Regular use of park spaces for day care activities, including the use of parks as adrop- off and pick-up location are subject to a rental fee and permit requirements. Conditions 1. and 2. of the commercial rental requirements may be required. "Permit application, a $90 reoccurring park rental administration fee, and insurance requirements will be required in 2024. Summer Day Camps Summer Day Camp usage is generally a supported use of City Parks. Demand is high for the use of these park spaces for summer camps, and in order to maintain and balance the various organizations, entity's or individuals using the park in association with a Summer Day Camp program shall obtain a permit . As a condition of the permit, camp usage at certain high -use parks such as Herron and Rio Grande Park shall be limited to 2 hours or less per day, and Herron and Rio Grande Park shall not be used as a drop- Parl< Rental Policy � 5 oI f and pick-up locations. Picnic tables may not be occupied for more than two (2) hours at any given park, or used as a staging area for the day camp over an entire day. Please contact the permit coordinator to discuss requested park usage, frequency, and locations. Day camps may not bring activities into the park that generate foam, large buckets of bubbles, confetti, or any other kind of micro -trash or liquid waste that must be dumped. Park benches and picnic tables may not be used for arts and crafts. SI<ate Park Commercial Use The use of the Aspen Skate Park at Rio Grande is subject to a daily commercial usage fee. Additionally, the operator of any summer camps, skate lessons, or similar commercial activities shall provide the City with a certificate of insurance listing the City as additionally insured. Please contact our permit coordinator for more information and to begin the permit process. COMPLIANCE AND ENFORCEMENT Failure to obtain a Park Rental Permit or comply with the terms of the Park Rental Permit and Park Rental Policies may result in the immediate termination of the Park Rental, and the City may also take the following enforcement actions: 1. Issuance of a summons and complaint for violation of the City of Aspen Municipal Code 2. Double fees for the permit 3. Denial of future Park Rental applications Park Rental Policy � 6 S��i �'► `�►�A► C:17 Y OF ASPEN Appendix A — Park Rental Cumulative Hourly Target Park Name Acceptable Uses Cumulative Weekly Maximum* (hours) Cumulative Monthly Maximum (hours) Ajax Park Park Use 4 8 Galena Plaza Herron Park Park Use 12 24 Iselin Field Athletic Use 56 224 John Denver Sanctuary Park Use 4 8 Koch Park Park, Athletic 8 16 Mollie Gibson Park Park Use 8 32 Paepcke Park Park Use 8 32 Newbury Park Park Use 4 8 Rotary Field Athletic Use 24 96 Rio Grande Park Park, Athletic 24 96 Tot Lot Park Park Use 4 12 Triangle Park Park Use 4 12 Upper and Lower Moore Fields Athletic Use 24 96 Yellow Brick Park Park Use 8 32 Wagner Park Athletic Use 4 16 *The above cumulative hourly targets are intended to guide the proper amount of weekly and monthly Park use permits, however these may also be used to help determine the feasibility or suitability of proposed special event applications. It is at the Director of Parks and Recreation discretion to exceed these state targets. Park Rental Policy � 7 Appendix B — 2024 Parks Department fees, related to Park Rentals and Special Events Parks Use and Special Event Fees Administration Fee One-time Park Rental $22000 Reoccurring Park Rental $90800 Special Event Permit $180000 Business License Up to 7 days $50.00 Park Rental Fee Base rate (hourly) $32600 Athletic Field Prep (per athletic season) $100000 Add -on fee: Additional requested athletic paint or prep fee (per day) $45800 Add -on fee: Commercial fee (per day, less than 5 total participants $10000 Add -on fee: Commercial fee (per day, 5 or more total participants) $35600 Special Event Fees (per day) Daily Rate (per park, per day) $768800 Skate Park Commercial Fee (per day) $50 Commercial Rafting Put -in Fee (per season) $300 Paragliding Fees Landing zone fee (per year) $50.00 Paragliding Commercial Landing Fee (per paid client) $2000 Flags and Banners Flags on Main Street (per flag) $18.00 Banners on Main Street/Banner $18000 Mall Space Leasing Price per Square Foot (per month) $4.43 Filming (per day) 3-10 People $155.00 11-30 People: Still $255.00 11-30 People: Video $360.00 31-49 People: Still $360.00 31-49 People: Video $460000 50 and Over People $870.00 Park Rental Policy � 8