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HomeMy WebLinkAboutagenda.council.worksession.202208011 AGENDA CITY COUNCIL WORK SESSION August 1, 2022 4:00 PM, City Council Chambers 427 Rio Grande Place Aspen, CO 81611 ZOOM MEETING INSTRUCTIONS Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/87149390102?pwd=M3ZxeDJzaFEzajRTVlZhQVFtakVndz09 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 871 4939 0102 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kekiDOvuDz I.WORK SESSION I.A.Parks and Open Space Sales Tax Renewal I.B.Parks Special Use Policy and Fees I.C.Living Lab Discussion 1 MEMORANDUM TO:Mayor and City Council FROM: Austin Weiss, Director of Parks and Recreation Matt Kuhn, Parks and Open Space Director THROUGH:Diane Foster, Assistant City Manager Sara Ott, City Manager MEMO DATE:July 25, 2022 MEETING DATE:August 1, 2022 RE:0.5% Open Space Sales Tax Re-authorization REQUEST OF COUNCIL: Parks and Recreation staff would like to continue discussions with City Council to formalize ballot language for re-authorization of the 0.5% Open Space Sales Tax (commonly referred to as the Half Cent sales tax), in preparation for the November 8th general election. SUMMARY AND BACKGROUND: In the late 1990’s, a group of citizens, elected officials, and City staff began coalescing various Parks, Open Space and Recreation needs and interests for improvements at the time. Notably, needed improvements to the Moore Pool evolved into the concept and support for a new Recreation Center. A golf clubhouse was needed at the Aspen Golf Course, as well as traffic calming and a multi-use trail along Cemetery Lane from Stein Park to Highway 82. Other community needs that could be funded by an additional tax were the construction of a new ballfield complex, open space acquisitions on Smuggler Mountain, and a trail to Aspen Highlands. With these diverse needs in mind, Aspen voters approved an additional 0.5% Open Space Sales Tax in November 2000, with 63% of the Aspen voters in favor of the question. The tax imposed an additional half cent (0.5%) tax on all sales tax as well as allowing an additional 38 million dollars in debt bonding authority. This tax will sunset on December 31 st, 2025 and provides roughly one-third of the Parks and Open Space revenue which is used for operational and capital expenses. The Parks and Open Space program is also funded by a 1.0% sales tax that was originally passed by voters in 1970 with 76% of voters in support of the taxat that time. The original 1.0% sales tax included 2 provisions for the reimbursement of food tax as well as for the acquisitions of real property including open space and for the expenses related to the “expenditures necessary to protect such property…”. Twenty years later, Aspen voters revised the 1970 Sixth Penny Sales Tax to be limited for Parks, Trails, and Open Space Uses. Question No. 2 from February 1990 allows City Council to expend the 1.0% sales tax funds “solely for the acquisition of parks, trails, and open space real property, for the construction of improvements on any real property, owned or purchased by the City for parks, trails and open space purposes, ….for maintenance….of parks, trails and open space, and for payment of indebtedness incurred for acquisition or improvements…” Unique to the 0.5% sales tax is that it allows for additional recreation uses and states, “For the purpose of buying, improving and maintaining trail, recreational and open space properties, and ancillary facilities.” The inclusion of recreation within the authorizing language has allowed for the construction of the Aspen Recreation Center, and has been used for support of incidental operation and maintenance expenses for both golf and recreation programs. Over the last 20 years, many of the largest open space acquisitions, multi-use trail projects, recreation facilities and parks have been realized utilizing this revenue source. Examples of projects funded by the Half Cent Tax include: Aspen Recreation Center Smuggler Mountain Open Space Golf Pro-shop (Nordic Center and restaurant) Iselin and Rotary Ballfield Complex Tiehack Bridge Rio Grande Park and John Denver Sanctuary Moore Playing Fields Sky Mountain Park Dolinsek property Skateboard Park Cemetery Lane Trail and Bridge Highlands Trail East of Aspen Trail Rio Grande Trail (Surfacing, bridges) Old Stage Trail Castle Creek Bridge Underpass Harmony Park Upper and Lower Promontory Parks DISCUSSION:   At a Work Session with Council last November, staff received direction to continue to plan for a fall 2022 ballot question. Since that time, staff has continued to work with our various advisory boards, stakeholders and interested community members to lay the groundwork to go back to the voters during the fall 2022 election. As staff spoke about during this Work Session, one of the fundamental needs of the Parks and Open Space program is to have the financial resources to take care of and maintain the numerous facilities that have been developed in the past 22 years along with the resources to provide the proper stewardship for the numerous open space properties that have been acquired using the 0.5 % Open Space Sales Tax funds. Given these fundamental maintenance and operational needs, staff is recommending a permanent re-authorization instead of a 25 year renewal, so that the current high standards can be maintained. As previously mentioned, Staff have also identified numerous large capital projects that would likely benefit from the Half Cent renewal. When looking at the next 10 years and beyond, there are several very significant recreation facility capital projects that would require funding provided by the 0.5% Sales 3 Tax. Notably, concepts for an expanded recreation center and improved fitness amenities, as well as a much-needed remodel of the Aspen Ice Garden, could be funded wholly or partially following a reauthorization of the Half Cent. Without a reauthorization of the Half Cent, the 1.0% Sales Tax language would preclude funding, and consideration of these projects would likely fall within the General Fund, or other funding mechanisms. Additionally, Parks and Recreation staff are already working on several large projects and have identified others that we can anticipate in the next 10 years. Maroon Creek Road Trail Lift One Corridor and Park Pedestrian Mall Renovation AABC to Brush Creek Park and Ride Trail ARC Expansion Aspen Ice Garden Remodel Cozy Point Ranch Facilities and Housing Parks Campus Upgrades and Housing Election Timing: Over the past year and a half, staff had facilitated numerous discussions the Open Space and Trails and ARC Advisory Boards, along with other various community stakeholders including Pitkin County Open Space and Trails, the Aspen Valley Land Trust and the Trust for Public Lands. Given the relatively few other anticipated tax related questions, staff has concluded that this fall’s general election is likely the best opportunity for this ballot question. Returning to the voters for a renewal before the anticipated sunset of the tax in 2025 is also important as it allows staff additional time to prepare for other elections or other funding alternatives is the question is defeated. Community Poling In early June, staff contracted with Keith Fredrick Poling Services to conduct a community survey with the goal of testing the community’s support for an extension of the 0.5% Open Space Tax. Specifically, staff was interested in whether or not the community would be willing to consider an extension in perpetuity that would solidify the long-term funding for our many Parks and Recreation assets, and would position the City to continue to acquire critical open space properties when those opportunities come along. Survey Findings • Aspen voters are extremely supportive of continuing the Parks & Recreation sales tax -- 86% vote YES to continue the tax permanently. • This trails, recreation and open space program connects directly to the city's high quality of life; which 88% rate positively. • The 13% voting NO on sales tax renewal are firm opponents. None of them would switch to a YES vote if the tax renewal was for a 25-year sunset instead of being made a permanent tax. 4 • Open end comments by the YES voters show a strong connection between the projects this tax funds and the essence of the high quality of life in Aspen... outdoor enjoyment, beauty, clean environment, recreational activities, healthy lifestyle, connection to nature and wildlife, mental well-being, preservation, and well-maintained facilities. The depth of comments means the resounding YES vote is well grounded and based on communitywide experiences and feelings that are likely to hold up through the November ballot vote. • Responses to a series of Positive and Negative messages about the sales tax renewal ballot indicate that core support in high end is around 75% and core opposition could be around 25%. • The five strongest Pro-Ballot messages that score in a range of 72% to 76% as "very strong reason to vote YES" are: Since this program began, this money has helped Aspen expand and maintain over 22 miles of trails. Continuing it means being able to both maintain existing trails and add new ones. (76%) As use of Aspen bike paths and trails continues to grow, keeping this funding in place will help both maintain trail conditions and expand trails to reduce overcrowding. (75%) This sales tax has provided funding to purchase hundreds of acres of local public open space that not only help the environment and provide wildlife habitat but also limit growth by restricting development boundaries. (74%) Voting to continue this program means NO TAX increase, but the continued benefit of open space expansion and great outdoor recreation opportunities. (73%) This program, which has been in place for over 20 years, is really a vital part of what makes Aspen a wonderful place to live and experience. Keeping it in place just makes sense (72%) • On the anti-ballot side, the three messages tested range from 20% to 26% as "strong reasons to vote NO" with just one, "forever is just too long" the only one scoring over 50% (barely) as either a "very" or "somewhat" strong reason to vote NO. Survey Summary As Keith Fredrick summarized in his report, “This sales tax has become an integral part of what voters in Aspen like, and even love, about their city. The programs funded by the revenues are valued, utilized, and part of everyday life -- a very high quality of life. Aspen voters appear poised to renew authority to collect the sales tax revenue as long as focus remains on the trails, recreation and open space benefits of the program.” With 86% of respondents indicating support for the reauthorization, we seemed to be positioned well for a fall 2022 ballot question. Ballot Language As indicated previously, staff recommends a simple reauthorization of the existing tax. Likely ballot language would include, “For the permanent extension of the 2000, voter approved 0.5 % Open Space 5 Sales Tax, which was “For the purpose of buying, improving and maintaining trail, recreational and open space properties, and ancillary facilities.” RECOMENDATION Staff recommends moving forward with the 0.5 % Open Space Sales Tax question for this fall’s general election on November 8th. At this time, we feel a simple re-authorization that focuses on the extension of the tax in perpetuity allows for the greatest chance of success. If significant capital projects or land acquisitions require additional funding beyond the capacity of the fund, then staff would return to the voters to ask for additional bonding authority at that time. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A –POLL RESULTS: Aspen Voters’ Opinions on Renewal of Parks and Recreation Sales Tax 6 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 1 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 A. Registered to Vote/Party. Democrat 120 47% Republican 40 16% Independent 97 38% 1. First, how would you rate the overall quality of life in Aspen - excellent, good, not so good, or poor? Excellent 99 39% Good 127 50% Not so good 27 10% Poor 4 2% DK/Refused 0 0% Total Positive 226 88% Total Negative 31 12% 2. As you may know, the city of Aspen currently collects a half-cent sales tax to pay for buying, improving, and maintaining open space, parks, trail, and recreation facilities. This local half-cent sales tax was approved by Aspen voters in 2001 and will expire in 2025. If you had to vote today on reauthorizing this half cent sales tax, would you vote? YES, to CONTINUE this half cent sales tax permanently. 221 86% NO, to DO AWAY with it. 33 13% DK/Refused 3 1% 4. IF NO, DO AWAY WITH IT: If instead of making this sales tax permanent, voters were asked to approve another 25-year extension of this tax, would you vote? YES, to CONTINUE for another 25 years. 0 0% NO, to GET RID of it. 33 100% DK/Refused 0 0% 7 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 2 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 Next, a few statements by supporters of CONTINUING this half-cent sales tax permanently. Rate each as a Very strong reason to vote YES, to continue this sales tax program, a Somewhat strong reason to vote Yes, or a Weak reason. Here is the first one. 5. This sales tax has provided funding to purchase hundreds of acres of local public open space that not only help the environment and provide wildlife habitat but also limit growth by restricting development boundaries. Very Strong Reason to vote YES 191 74% Somewhat Strong Reason 41 16% Weak Reason 25 10% DK/Refused 0 0% Total Strong Reason 232 90% 6. This program funds Aspen's parks and sports fields including Wagner and Rio Grande Park plus, the pedestrian malls that enhance residents- quality of life. Very Strong Reason to vote YES 176 69% Somewhat Strong Reason 56 22% Weak Reason 25 10% DK/Refused 0 0% Total Strong Reason 232 90% 7. Since this program began, this money has helped Aspen expand and maintain over 22 miles of trails. Continuing it means being able to both maintain existing trails and add new ones. Very Strong Reason to vote YES 194 76% Somewhat Strong Reason 43 17% Weak Reason 20 8% DK/Refused 0 0% Total Strong Reason 237 92% 8 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 3 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 8. Voting to continue this program means NO TAX increase, but the continued benefit of open space expansion and great outdoor recreation opportunities. Very Strong Reason to vote YES 187 73% Somewhat Strong Reason 44 17% Weak Reason 27 10% DK/Refused 0 0% Total Strong Reason 230 90% 9. As use of Aspen bike paths and trails continues to grow, keeping this funding in place will help both maintain trail conditions and expand trails to reduce overcrowding. Very Strong Reason to vote YES 192 75% Somewhat Strong Reason 37 14% Weak Reason 28 11% DK/Refused 0 0% Total Strong Reason 229 89% 10. As a sales tax, a large share of the money that benefits Aspen residents comes from tourists. As tourism continues strong, this funding for our parks, trails, and open space will only grow. Very Strong Reason to vote YES 168 65% Somewhat Strong Reason 48 19% Weak Reason 41 16% DK/Refused 0 0% Total Strong Reason 216 84% 9 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 4 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 11. Having this revenue means the City Parks Department can be adequately staffed with the proper equipment to maintain our fields, parks and trails in the most environmentally-friendly way that preserves the natural beauty and clean water and air around us. Very Strong Reason to vote YES 183 71% Somewhat Strong Reason 50 19% Weak Reason 25 10% DK/Refused 0 0% Total Strong Reason 232 90% 12. This program, which has been in place for over 20 years, is really a vital part of what makes Aspen a wonderful place to live and experience. Keeping it in place just makes sense. Very Strong Reason to vote YES 185 72% Somewhat Strong Reason 41 16% Weak Reason 32 12% DK/Refused 0 0% Total Strong Reason 225 88% 13. Since this tax generates between 3.5 and 5 million dollars a year that is used to maintain trails and recreational facilities already in place, if this extension is voted down, replacing this lost revenue means other taxes might have to be raised or other services reduced. Very Strong Reason to vote YES 158 61% Somewhat Strong Reason 56 22% Weak Reason 43 17% DK/Refused 0 0% Total Strong Reason 214 83% 10 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 5 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 Lastly, a few statements by opponents to this ballot issue. Rate if you think each is a very strong reason for vote NO and DO AWAY with the half-cent sales tax, a somewhat strong reason to vote NO, or a weak reason. Here is the first one. 14. Taxes are too high. Ending this half-cent sales tax will help make Aspen more livable, especially in this time of rising housing, food, and gas prices. Very Strong Reason to vote NO 58 23% Somewhat Strong Reason 55 21% Weak Reason 142 55% DK/Refused 2 1% Total Strong Reason 113 44% 15. In the 25-year life of this tax, Aspen will have done pretty much all it can to build trails, parks, and open space. We just don't need to keep this money coming in anymore. Very Strong Reason to vote NO 52 20% Somewhat Strong Reason 42 17% Weak Reason 161 63% DK/Refused 1 0% Total Strong Reason 95 37% 16. Continuing this tax FOREVER is just too long and wrong. It is better to vote this permanent extension down and have the city come back again with another temporary extension so voters have the chance later to judge if it is still needed or not. Very Strong Reason to vote NO 66 26% Somewhat Strong Reason 69 27% Weak Reason 121 47% DK/Refused 1 0% Total Strong Reason 135 53% 11 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 6 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 17. Having heard all of this information, if you had to vote today on reauthorizing this half-cent sales tax for trails, recreation, and open space, would you vote? YES, to CONTINUE this half cent sales tax permanently. 221 86% NO, to DO AWAY with it. 34 13% DK/Refused 2 1% D1. Age. 18-39 65 25% 40-64 126 49% 65-Up 65 25% Refused 0 0% D2. How long have you lived in Aspen? 0-10 years 50 19% 11-20 years 54 21% 21-30 years 64 25% 30+ years/Born here/native 89 34% DK/Refused 0 0% D3. Gender. Men 128 50% Women 126 49% Non-binary/Other 1 1% Refused 1 1% D4. How often do you walk, run, or bike on a trail in the city of Aspen? Every day 98 38% Most days 122 47% Once in a while 34 13% Never 3 1% DK/Refused 0 0% 12 Toplines June 2022 City of Aspen Job 3177 Actual sample: 257 7 FrederickPolls 350 South 200 East, #722 (703) 801-9506 Salt Lake City, UT 84111 D5. How often do you visit an Aspen Park or Open Space? Every day 65 25% Most days 129 50% Once in a while 61 24% Never 1 0% DK/Refused 0 0% D6. Do you have any children or grandchildren who currently or previously played youth sports in Aspen? Yes 93 36% No 164 64% DK/Refused 0 0% Survey Online 235 91% Phone 22 9% Vote Frequency 1 - lowest 21 8% 2 22 9% 3 44 17% 4 37 15% 5 42 16% 6 43 17% 7 27 11% 8 - highest 16 6% No vote 5 2% 13 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? Absolutely After 21 years, people probably don't realize they're paying it, yet it probably generates significant revenue. All All of above All of the above All three make our community a better place to live. Amenities for all, quality of life improvement An important asset! The money Laundering in this town sucks. No questions asked about money sunk into 10, 20M properties. We are allowing money laundering on a grand scale! Wake up! Who's watching the hen house? We're surrounded by wolfs and Aspen open spaces are critical to Aspen quality of life. Because these things increase quality of life in Aspen Because all of those mentioned are important as it relates to quality of life in Aspen Because I enjoy using the trails and recreation facilities and think they are well maintained Because I like them Because I think Aspen used to have nice parks and this sales tax would help with the improvement of them again. Because I think that open spaces and nature are important to mental health Because I think the open spaces are important for the community, the community guests as well by helping the animals and the environment. Because I use all of those often Because I use the trails Because I value the trails and parks so much!! Safe trails and upkeep really makes our quality of life go up, especially when our indoor living space is small. We rely on the outdoors for peace of mind. We are so grateful for what we have! Because I work in recreation and I know that the tax has a positive impact on the parks and recreations, this way they help keep the community healthy. Because it’s beautiful who can’t afford a half a cent Because open space and trails are what makes this place special Because open space is important and a half cent is worth less than half of that now. Should be 2 cents Because open space is the reason that Aspen is Aspen. Because our city council isn’t capable of budgeting the funding, so we must… and we must preserve and maintain these spaces Because outdoor recreation is why we live here 14 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? Because the parks and recreation are the true soul of the community lest no one forget. There would be no real further reason for this place to continue to charge as much as it does for any other ludicrous hedonistic pleasure of this town. Because these things are what make our community a great place to live Because they are important to maintain. Because to maintain Aspen is a vital part of the town and it seems the trails safe for visitors and locals and the open above needs to be preserved. Because trails and open spaces are more important than reducing taxes and have become very important for citizens of Aspen. Because trails, recreation and open space are a big reason I choose to live in Aspen Because trails, recreation, and open space is an integral part of our quality of life in Aspen. Because you can’t buy open space without money and you need money to maintain the trails. Best use of tax $$$ Better quality of outside activities City needs to continue to maintain the outdoorsy atmosphere Critical to preserve open space, this is what makes Aspen great Dry important art of Pitkin County Effectively managed parks and open spaces greatly benefit the well-being of the community. Environmental priority Everything For service continuing Good for everyone. Should increase it a bit! Good for our town Good for the community Good program Good purpose for tax. It’s a “ Sales” tax, not a property tax, so most revenue is generated by tourism. Great benefit for the community and visitors Great opportunity. Contributed to good life I appreciate the open space. Sales tax also allows for town to collect revenue from tourist I appreciate the system and believe the tax is sufficient to cover its ongoing maintenance and other needs. I enjoy our parks, trails and open spaces I like open space I live here for the outdoors 15 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? I love the trails and recreation in Aspen. It’s one of our best features! I will always vote and chip in to continue to protect the beauty and sacredness of our community which comes from nature. We need more green and less buildings. I see where our taxes go. I think Aspen’s open space is a huge factor in the great quality of life here I think is a good idea to upkeep the city, to keep it looking nice I think is worth it, because we need to keep the open spaces that we already have I think it’s a good idea I think it’s important to maintain keep our parks trails and open space in good condition and be able to do more for it I think it’s very important to keep our open space and trails I think that trails, recreation and open space are some of the most important things that are offered by living in Aspen. I understand that preserving these spaces cost money and more than happy to help with my tax dollars. I think trails are important to our economy and locals as well I think trails, recreation and open space are really important. I think that we need to preserve our places that make Aspen as great as it is. I use all the above and would like to continue to do so. I use the trail system and open space regularly. They very much add to the quality of life here in the Aspen area I use the trails every day I use the trails, and recreation. I love the open space. It's a big reason why I continue to live here. It definitely helps my mental health to have these amenities. I use the trails, etc. and I believe they’re an important part of living in Aspen and for visitors visiting Aspen. And preserving the natural environment. I use them and love them plus it adds value - both economic and quality-of-life - to the town. I value our trails and open space. I would like to see them maintained. I value those. I’m a big hiker, nature lover If developers get their hands on more land there won't be anything left to enjoy, much less tax. If it had a sunset Is because supports the maintenance of parks and trails. It gives me quality of life It is a good investment in quality of life and environment 16 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? It is a pillar for our quality of life and environment. Keeping up with this improves mental, emotional physical and spiritual health. Many of us live in tiny and expensive rentals. Inspiration to incorporate the outdoors into our living s is vital. It is a very important thing for our community because we need open spaces and tails and someone needs to take care of. It is minimal and for a items I use frequently It is the main reason I am here…beautiful outdoors and somewhat clean air. It makes sense It our sanity It will continue to increase quality of life It will help to keep thing going. It’s good to have these amenities. It’s important to our overall quality of life here in Aspen It’s so needed, it should be raised It’s the most important factor in our quality of life and makes Aspen so special. It’ll never get cheaper It’s a good idea. It’s important to keep our trails and parks etc. in great shape It’s important to our lifestyle It’s minimal and supports what we love so much about our town It’s my favorite part of living in Aspen It’s necessary Keep Aspen looking nice Keep trails & open space well maintained Keep up with things don’t fall behind Love trails Maintaining continues to cost money Make the tourists pay for nice amenities Makes pour community better Minimal impact, I support Aspen Parks and Rec. Mountains heart and soul of Aspen Necessary! Needed Needs even more funding- raise it!! 17 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? Not opposed to it. Of no consequence to me and if it give Aspen a great benefit it’s worth doing. Open space is important to our community Open space is valuable to the community and our health Open space is very important Open space is vital to the local population for recreation, solitude, and general well-being. The threat of losing open space to developers, real estate agents, or venture capitalists is unthinkable. Open spaces are one of our most valuable assets! OST is a valuable department for Pitkin County OST is important Otherwise Aspen will be just a theme park for billionaires Our trails and open space not only draw tons of visitors and outdoor enthusiasts to the area, but it is something the locals can enjoy as well without feeling squeezed out because of costs or social status. Our outdoor spaces are for anyone and enjoy Out open spaces are important to our quality of life Part of the reason quality of life is so high is the EXCELLENT work done by parks, rec and open trails. Singling out one person is very unfair to the many, but Chris Peterson’s work on the Rio Grande this winter made my ski pass-less winter way bet Part of what makes life excellent here are our phenomenal trails and recreational opportunities. These are enjoyed by residents like myself and numerous visitors. Everyone who visits me here in Aspen comments on how excellent our parks, trails are. Preservation of wildlife and outdoor activities Preserving them is important Quality LIFE!! Quality of life Quality of life, enjoy having community of having nice trails. Raise the tax! Our quality of life is directly correlated to tax income. I do see a future where some parks must go to other community needs i.e., housing and affordable commerce. Recreation is what makes Aspen so special and the access to trails and parks all over town. I would say that Aspen needs a plan for what they would use the sales tax funds for. There has been minimal expansion of bike trails and parks recently. Recreation should be the lifeblood of this town. It’s what brings the rich and normal people together. Saving open space is critical to quality of life in Aspen She will like to know more about this program. Is very important for the city to keep it. Small tax for a BIG reason So important to the quality of life & Aspen residents can afford 18 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? So we can keep our open spaces Support future generations and restoration That’s why we live here The downtown experience is fun, but the REAL VALUE of Aspen is in our access to the natural world. Preserving and increasing our open spaces and our access to them is paramount. I would not only vote to maintain the tax, I would support increasing it The outdoor environment is a vital part of Aspen. The parks and trails add value to the city The parks and trails of Aspen and Pitkin County are a large part of what make it so wonderful to live here. This investment in and care of the public spaces make it possible to get out of our cars and away from a strip-mall existence. The Splendor, protection from development. the trails and open spaces are important to the community. there important to me There was no option for not sure or tell me more so lean Yes. would like to understand more. Seems hassle to collect 1/2 cent….RE transfer tax coffers are overflowing, especially for arts, etc. couldn’t/shouldn’t park be funded through this tax? These are the foundations of what makes living here good These are the most important spaces in our town for well-being, character, exercise, beauty, and more! These are the most important spaces to preserve in our community. Everything is more expensive these days; improvements and maintenance will never end. These public assets are important to maintaining our quality of outdoor enjoyment. These things support tourism. They can help pay for it They all need up keep They are important. They are kept nice and visible They’re an integral part of life in Aspen They’re one of the primary reasons for living there in Aspen This element of Aspen is a major reason we live here. This is one of the best parts of our town Those are our most important community assets Those are worthy assets. Important part of living in Aspen. Those thing are one of the big draws here To continue to maintain and protect the land. To maintain open spaces 19 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? To maintain the beauty of Aspen To make improvements and continue to improve the quality of life in Aspen To preserve the lifestyle and keep our quality of life high To protect, save and acquire more open space To support trails, recreation, and open space Trails Trails , recreation and open spaces are key core values of Aspen. Let’s continue to protect them for generations to come Trails and open space are vital Trails and outdoor recreation is probably the number 1 reason most of us live there Trails and recreation is a financially accessible way to enjoy Aspen Trails are one of the best things we still have. Trails are one of the most important features of the area IMO, especially with town becoming so inaccessible to locals. Trails are the most valuable thing in Aspen Trails in open spaces are an integral part of what makes Aspen great Trails, Rec, and open space are THE reason we all live and recreate here in Aspen. Our natural resources and connection to the outdoors is essential to our quality of life and economy. Trails, recreation & open space are what makes Aspen beautiful. I think the tax should be higher to pay for clean-up of the increasing litter by tourists. There’s trash everywhere! Trails, recreation and open space are a big reason people live and visit here Trails, recreation and open space are VERY, VERY important to me. Collect more if needed. Trails, recreation, and open space are a major part of my lifestyle and I'm sure the same can be said for most of Aspen's residents. Tues things are of great value and thankfully NOT for sale Upkeep Use trails all time, value open space Use trails extensively We all love the outdoors and more than ever now we need to protect it We all use the trails We have nice things, keep them nice We have the most beautiful parks and we can only get better! We need “playgrounds” for the locals to play in. We need more regulatory enforcement out there 20 3A. Why would you vote to CONTINUE this sales tax for trails, recreation, and open space? We need more trails, recreation and open space We need the financial support We need the trails We need the trails and recreation. We need them We need this now more than ever considering the rest of the building and potential overdevelopment We need to maintain as well as fire mitigation ! We want our beautiful parks it top condition Why permanently? Work is not free. We need to maintain our places and this tax is carried by local and visitors alike Worthwhile cause. Yes Yes Yes Yes yes Yes Yes Yes 21 3B. What benefits does it bring? A beautiful city Ability to enjoy the outdoors and quality of life Access and keeping the wide open feel of the area Access to great outdoor areas Access to outdoors, fields for kids sports, community gathering, preserving open space Access to outside Access to the nature we still have & safe exercise Access to the outdoors improves mental health and general quality of life Aiding guest and locals interact with the urban wilderness interface An example is the mitigation of overuse on Stillwater An outdoor lifestyle An outlet to escape small living spaces. Connection with nature. A place to bring our child to also enjoy and explore nature (year round-when trails are maintained). Appreciation for the outdoors, keeps our outdoors pure even with higher numbers of visitors As I just said, we need our spaces to be maintained Aspen values an active lifestyle and outdoor oriented community Beautification of our city and great for the Aspen locals and visitors. Beauty Beauty, nature, peace Beauty. Connection to all that is good. Easy access to the natural world. There are no words sufficient to succinctly answer this question. better facilities Better health Better on environment and a place where anyone can be or go without having to pay. Better parks and recreation Better trails and more open space. Better usage for locals/tourists Breathing room, public transportation, good things which capitalism won’t provide By improving the parks we get Aspen higher on the ranking of cities. Clean air, wildlife habitat, carbon absorption, recreational benefits Clean air. Noise abatement. Mental health Clean trails, good trails Community enjoyment / quality of life / help to our environment 22 3B. What benefits does it bring? Continued recreation Continuity in maintaining our community Cost of living is very high, so affording a large space is hard. Because of this, we spend a lot of time outside. Does it truly prevent over development? I wish there were dog free places. Most open spaces are dog toilets E we need to keep everything clean Education in all aspects. Embraces the outdoor lifestyle Enhanced outdoor enjoyment And beauty for citizens Enhancement of outdoor life with in the city. Enjoying the outdoors in many ways Enjoyment Enjoyment, peace, recreation Exercise Exercise and meditation Explained previously Fabulous life Free amenities Free outdoor activity. Fire mitigation. Keeping area undeveloped. Fresh air, happiness, activities, balance lifestyle, and Much more friendly and a happy space for locals Funds to buy, maintain and improve them gets people outside in a safe place Getting outside Go gg Having open spaces for mass consumption. Health Health Health and happiness Health, both physically and mentally. Health, community, nature Health, exercise, appreciation for nature 23 3B. What benefits does it bring? Health, getting outdoors, mental health Health, room to live, fun Health, sanity, peace, lots Health; Mental and physical. Healthy body, positive outlook, grateful and humbled by God’s creation, love walking and biking the trails… Healthy lifestyle Healthy lifestyle choices - mind, body & spirit. Healthy living Healthy living minus the bad fire air Helps save the planet Helps to maintain Hopefully what it's supposed to do! i can go and use the trails and facilities. I just knows it keeps the city and open spaces looking good, I would think improving and maintaining the various facilities it's used for. I’m outdoor all the time. It’s where I find peace and happiness. Improve community well-being. Increased space for activities. It benefits us all it brings parks It helps to keep open space open, building new trails, maintaining the existing ones and also maintaining lawns. It is a huge component of why people both live and visit here. It moderates development and maintains the mountain town feel that Aspen is primarily about. It keeps Aspen beautiful and wildlife safe, while setting expectations high for visitors and those who live here full-time It keeps Aspen looking beautiful and special compared to other places and it’s our biggest asset and saving our open space is key. These funds make this possible It makes me happy It spaces people out and helps people value nature. It why we live here It's beneficial to secure the open spaces of the community, by maintaining the open space which makes the overall community more likable. 24 3B. What benefits does it bring? It’s a quality of life issue. Once open space is gone it’s impossible to get back Jobs Jobs, Clean town Joy, mental health, freedom Just to enjoy the land and recreation. Keeping our town clean Keeping those areas clean Keeps everything running smoothly Keeps it clean and nice Less development Less development, more/easier access to outdoors Less issues Less people Local enjoyment Looks great here Lots Maintain great trail system Maintaining the resources all of us enjoy Maintains our incredible quality of life Maintenance and acquisition of public trails and open space. It’s an inherent benefit Maintenance of our trails and open space Maintenance of public spaces benefits everyone. Makes life pleasant in town Many Many Meditation, recreation, mental health Mental and physical well being Mental health Mental health benefits to residents, increased tourism with more hiking/biking trails. mental health, awareness of earth importance, nature and connection to nature Mobility and access to outdoor places Money to Aspen More activities 25 3B. What benefits does it bring? More MTB More outdoor opportunities Natural beauty and well-being Nature Nature, physical health and mental well being Nature. Need to keep up with the open space Noise reduction and getting away from the overcrowding in aspen Obvious Obvious Obvious Obviously great for biking, hiking, and tourism as well Open space Open space = less big ass houses, tails to get away from cars Open space and recreation Open space is one of our best assets Organized beautiful areas, people staying on maintained trails so erosion does not occur in other areas, recreation for everyone to enjoy and be healthy and an pristine environment. Our community is based on outside recreation; trails connect our towns, parks provide recreation and green space, and open spaces preserves our wildlife, access to nature and national forest access. Outdoor activities are a balancing force. Outdoor activities, pursuit of wellness and not taking for granted the beauty we are still so fortunate to have and behold every day. Outdoor fun Outdoor recreation Parks Parks and trails improve our quality of life Parks are a big attraction. And there isn’t the graft like the employee housing benefits that aren’t for current employees Parks paid for by tourists buying expensive hats and fur coats Pays bills Peace of mind Peace of mind Peace of mind, enjoyment of life in aspen 26 3B. What benefits does it bring? Physical and mental health Physical and mental health benefits, tourism, benefits locals, benefits wildlife and nature preservation Physical health, mental well-being, emotional healing, spiritual growth… I can give you thousands of studies concerning the benefits of nature starting with plants in children’s classrooms. Places for outdoor recreation provides mental health Places to be outside easily accessible, places to gather and enjoy our beautiful landscape, recreational opportunities, agricultural uses, preventing every scrap of land from having a mansion built on it Positive mental health Preservation for the future Preservation of our beautiful land, maintenance of public spaces used by many members of the community. Preservation of wildlife and nature Preservation to existing trails and open space Preserve excellent quality of life; preservation of open space and natural resources should be a high priority for communities, cities, governments public health benefits. Quality of life Quality of life Quality of life Quality of life Quality of life Quality of life Quality of life Quality of life, beauty gatherings Quality of life, economy via tourist dollars Quality of life, encourages outdoor activity Quality of life, environmental protection Quality of life, places to recreate, mental health benefits.. etc Quality of life, safety, Quality trails, protected open space, good recreation facilities Recreation Recreation and environmental improvements Recreation and exercise Recreation outdoor enjoyment peace of mind 27 3B. What benefits does it bring? Recreation, beauty, lessens environmental impact Recreational opportunities, enhanced mental well being Regular upkeep Relaxation, exercise, beauty Safely comfortably getting out. Sanity Serenity Since he used the trails every day. Slow growth Solitude, a venue for togetherness with family and friends, havens for living things, an escape from the pressures of modern life, a reassurance that such places will exist for those who follow. The fact is for the open space The great outdoors The open outdoor spaces are healthy for our community The town can purchase more open space The use and access to our valley To maintain and keep spotless. Tourism and healthy way of life Trails for Billionaires! The New Aspen Sucks!!! Trails for outdoor use and open spaces for enjoyment Upkeep of aspen Varied We are able to get out of our cars more and enjoy the wonderful western slope climate more, Also meeting and talking to other people who are out doing the same thing,which we would never be able to do otherwise, fosters a sense of community. We’ll was, fitness & tourism draw. Well-being and quality of life, preserving what we live about our town Well maintained parks & trails Well maintained trials and parks are so beautiful and we enjoy using them Well-maintained trails, recreation and open space You don't have to walk on the streets.- 28 MEMORANDUM TO: Mayor and City Council FROM: Steve Barr, Parks Operations Manager Matt Kuhn, Parks and Open Space Director Nancy Lesley, Special Events Director THROUGH: Sara Ott, City Manager Diane Foster, Assistant City Manager Austin Weiss, Director of Parks and Recreation MEETING DATE: August 1, 2022 RE: Parks Uses and Special Event Policy REQUEST OF COUNCIL: The City of Aspen Parks and Open Space, as well as the Special Events Departments are seeking Council feedback regarding potential revisions to the Park Uses and Special Event Policy and related Municipal Code. Staff are seeking guidance from Council on three key policy questions: 1. Proceed with a guiding philosophy for future decision making. 2. Establish a formal park framework establishing maximum size of events, type of events and frequency of events. 3. Shall a community engagement process occur regarding public space and whether parks should be used for commercial uses, and/or in lieu of brick and mortar business locations. Staff anticipate that a subsequent work session may be planned for further discussion prior to consideration of an Ordinance making updates to municipal code. SUMMARY / BACKGROUND: Existing Policy The City of Aspen Parks and Special Events teams receive and coordinate a wide range of requests each year. Requests for special uses in the parks are extremely varied, and these include birthday parties, weddings, class reunions, company picnics, non-profit fundraisers, and athletic tournaments, to name a few. The City Municipal Code Chapter 14.20 Special Event Permits (Attachment A) provides guidelines on larger events, and this code provides a general set of criteria to define a Special Event and guide the permitting process. The Parks Department Fees (Sec. 2.12.080. - Parks Department fees) also align closely with the Special Event Code. Generally, an event permit is used when: infrastructure needs increase, are commercial in nature, extended facility occupancy, alcohol, food preparation, and or when there are public safety concerns. 29 While the Code covers a variety of for-profit and non-profit events, there are a number of park uses that do not easily fall into a given definition or classification. Increasingly the special event permit process is used for weddings, larger picnics, or commercial uses. This approach helps coordinate the process across departments and ensures that the impacts to the community for these uses are minimized. While this approach works for larger events, a policy gap exists for smaller events that may still have significant impacts on parks and public spaces, or on adjacent residents and neighbors. This is one of the factors leading staff to consider changes to policy and code. Current guidelines regarding frequency and type of events The current guidelines that staff uses to review and consider each of these applications allows staff discretion to review the proposed use and weigh it against established guidelines and precedent. We currently give increased weight and consideration to requests that are open to community participation or stimulate the community vitality. Staff utilize their experience and knowledge to advise on the appropriate frequency of events and aim to minimize the impacts to the public. Historically, there has been very limited allowance of new corporate or private events such as the American Express picnic that is held at Herron Park during Food and Wine. We generally avoid full closures or exclusive use of parks, with the exception of long-standing community events such as Food and Wine, or the AVSC Picnic. Fees The revenue received annually from event related fees are a nominal portion of the Parks Fund (100) budget and comprise on average less than 1% of annual revenue. The Current Municipal Code for Fees associated with events also has aged and does not correlate to the types of uses and events that are currently occurring in the parks. Specifically, fees are assessed by number of participants, and there is not clarity of whether these fees should be applied per event or per day. By labelling events by non- profit, or for-profit, questions also exist to where an event such as a wedding or family reunion picnic should fall. Further, there is no definition of what exclusive use of parks allows, and this proposed fee is counter to the current philosophy that we should not close a park to public use. Sec. 2.12.080. Parks Department fees. Event Fees Application Fee For Profit $145.00 Non-Profit $56.00 Business License Up to 7 days $50.00 Event Fees - Non-Profit Under 50 People $56.00 50—100 People $224.00 101—200 People $337.00 201—500 People $561.00 Over 500 People $1,683.00 Event Fees - For Profit Under 50 People $197.00 50—100 People $449.00 101—200 People $673.00 201—500 People $3,927.00 Over 500 People $5,610.00 Exclusive Use of Park $8,415.00 Athletic Camps 30 Local (per hour) $29.00 Non-Local (per hour) $45.00 Athletic Tournaments/Event $842.00 Sports Classes/Day Care Local (per hour) $29.00 Non-Local (per hour) $45.00 Paragliding Commercial Landing Fee $2.00 Flags on Main Street/Flag $18.00 Banners on Main Street/Banner $18.00 New Trends in Events The requests for hosting weddings, rehearsal dinners, and other wedding gatherings have been increasing over the last several years. Staff have also noticed an increasing level of complexity associated with event logistics. Examples include large tents, significant catering infrastructure for food and beverage, entertainment offerings such as mechanical bulls, as well as bathroom trailers and special restroom tents. These logistic-heavy events often reserve the park space 24 hours before the event in order to construct the infrastructure, and these buildouts often require parks staff to be present in order to ensure that park infrastructure is not damaged, and that the space is managed appropriately. Over the last several years, we’ve also had increasing interest in using park spaces for yoga and fitness classes. During the pandemic, staff informally allowed parks to be used for this purpose recognizing the challenges associated with gatherings int traditional studio spaces. In 2022, staff rescinded this use due to declining COVID restrictions. Another trend is the use of parks for small catered picnics, where small tables, blankets, and food are delivered to a park so that a small party may enjoy the park with more amenities. And personal trainers have frequently utilized park and trail spaces for one-to-one fitness classes and coaching, with increased use noted at Iselin Field over the last several years. The Park and Event Departments have seen a general increase in each category, with larger private events showing the most increase. With this noticeable increase in requests staff has concern for the impacts to facility health, community accessibility and adjacent residential spaces. Staff also recognize that equity between various uses within the parks needs to be considered, especially for uses that are semi-commercial in nature. DISCUSSION: Over the last six months, an internal team from Parks and Open Space, Special Events, and the Recreation Departments have started working on revisions to the structure and policy for park Special Uses and Special Events. Staff have developed three guiding questions to check in with Council on to ensure that as we proceed through the forthcoming process, that we are aligned with Council and the community. 4. Proceed with staff proposed guiding philosophy: a. The City of Aspen Parks are natural environments that are first and foremost available for the community to enjoy. The City of Aspen Parks supports requests that maintain community access, support non-profit groups, provide educational/cultural benefit and bolster community vitality. Any organized gathering within is subject to a special use permit or special event permit. 5. Establish formal park maximums for size of events, type of events and frequency. 31 b. Size i. Proposal: The Park and Event Departments create a reference (see Attachment B) for each park and public space which will outlines facility occupancy limits and infrastructure limits ii. Current practices: An older park capacity matrix exists but needs updating to reflect current trends and uses. c. Type i. Proposal: Establish three categories for types of events: 1. Community gatherings less than 25 participants such as birthday parties, reunions, memorials and graduation parties that wish to occupy a location without need for exclusive use and are self-contained shall be allowed without permit. 2. Special Uses: A permit for non-commercial, non-exclusive, and low- impact activities that demonstrate beneficial use of a community park or public space that exceed 25 participants. 3. Special Events: A permit for large events and generally consistent with current Municipal Code Chapter 14.20. Small revisions may be considered as staff progress through the upcoming process. ii. Current practices: We have recognized that current guidelines, fee’s and codes are broken down by group size, and the lower limit is 1-50. Staff recognize that this structure essentially requires any gathering to seek a permit, which seems unnecessary for small informal gatherings, and leaves out key details for the proposed Special Use category. d. Frequency i. Proposal: Building on the proposed updated park capacity matrix, staff seek Council support to limit the frequency that certain parks may be used for park special uses or events. ii. Current practices: There are currently no formal definitions for appropriate special uses and events in public parks. 6. Engage in a community survey regarding public space and parks to be used in lieu of brick and mortar business locations e. Proposal: Opening the City’s parks to commercial use is a balancing act, and staff propose to open a community survey that seeks feedback regarding the use of parks for personal trainers, picnic companies, and yoga studios, to name a few. Staff need to gauge Council sentiment, and public sentiment, before further definitions, allowances, or prohibitions are discussed. f. Current Practice: We have currently allowed limited access to Iselin Field for personal trainers between 8 and 11am, Monday through Friday, and have applied the defined fee of $29/hr for this use. Staff have declined regular and reoccurring use of parks for yoga and fitness classes, due to equity and frequency concerns. Staff currently allows hosted picnics if a for-profit fee of $197 is paid for the day of the picnic. Summary and Council Discussion: An update to the policy and code for special events and park uses is overdue, and staff have initiated a thoughtful approach to start the discussion. We anticipate that a follow-up work session or informational memo will occur in the next two months. Following that, staff anticipate bringing an 32 ordinance to Council to update those section of the municipal code that guide special events and park uses. This will likely coincide with changes to the parks fee code, so that all relevant codes are aligned. FINANCIAL/BUDGET IMPACTS: Staff are performing this work as time allows, and at this time no contractors or consultants are needed to complete the updated policy and code changes. The current approach to park fees does not take into account cost recovery or revenue generation. Staff generally believe that fees should not be used to discourage or incentivize uses, however Council could direct staff to incorporate cost recovery or other factors into the fee component of future discussions. ENVIRONMENTAL IMPACTS: Park uses and special events can have both positive and negative impacts to the environment. Staff approach the allowance and permitting of events with a focus on reducing event impacts, and especially during the robust special event permit process, strategies about waste reduction and composting are required. If limitations are placed on frequency and size of park uses and events, inherent impacts are reduced, which can trickle down to less staff time, vehicle trips, and irrigation water needed to restore park spaces following events. ALTERNATIVES: Staff welcome further discussion on alternative priorities and approaches during the work session. CITY MANAGER COMMENTS: 33 Attachment A: Current Municipal Code for Special Events Chapter 14.20. SPECIAL EVENT PERMITS Sec. 14.20.010. Definitions. For purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used herein are defined as follows: Applicant shall mean the person, group organization or entity that applies for a permit and the permittee whose name shall appear on the permit issued pursuant to this Chapter. City Manager shall mean the City Manager of the City or the person designated by the City Manager to perform the duties of the City Manager set forth at Sections 14.20.040 and 14.20.050 below of this Chapter. Expressive activity shall mean a parade, assembly, meeting or similar gathering conducted for the purpose of exercising free speech activity protected by either the First Amendment to the United States Constitution or Article II, Section 10 of the Colorado Constitution. Special event shall mean any festive, educational, sporting, artistic or commercial enterprise or activity upon public property for a limited period of time which is sponsored by a for -profit or nonprofit group organization or entity and at which any of the following shall apply: (a) The expenditure of City resources is contemplated or is deemed necessary by City personnel to maintain public health, safety and welfare; (b) The event will be conducted on land requiring a temporary land use approval pursuant to Section 26.450.040 of the Code; or (c) The event is expected to have a visual, noise or other environmental impact upon the immediate vicinity or surrounding area of the event. Special events coordinator shall mean the City Manager or the person designated by the City Manager to perform the duties of the special events coordinator as outlined in this Chapter. (Code 1971, § 12-101; Ord. No. 27-1992, § 3 ) Sec. 14.20.020. Special event permit. Application for a permit authorizing a special event shall be made on a form prepared and made available by the Special Events Coordinator. The application shall be made with the Special Events Coordinator at least thirty (30) days prior to the scheduled date of the special event. (Code 1971, § 12-102) Sec. 14.20.030. Review by Special Events Coordinator. The Special Events Coordinator shall review the application for a special event permit and from the information supplied, take the following actions: (a) Determine whether the applicant will need to apply for and obtain one (1) or more of the following additional licenses or permits: (1) Parade permit from the Chief of Police pursuant to Section 14.20.040 below of this Code; (2) Park use permit from the Director of Recreation pursuant to Section 14.20.050 below of this Code; 34 Created: 2022-07-19 14:49:29 [EST] (Supp. No. 3, Update 3) Page 7 of 12 (3) Special events liquor license from City Council pursuant to C.R.S. § 12-48-101 et seq. (4) Vending agreement from City Council pursuant to Section 15.04.350 of this Code; (5) Permit to occupy a city right-of-way from the City Engineer pursuant to Section 21.04.050 of this Code; (6) Temporary land use approval from City Council pursuant to Section 26.450.040 of this Code; (7) Fireworks, loudspeaker or other noise permit from the Aspen/Pitkin Environmental Health Department pursuant to Title 18 of this Code; (8) Right-of-way construction permit from the City Engineer pursuant to Section 21.04.060 of this Code; (9) Sign permit from the City Manager pursuant to Section 26.510.050 of this Code; (10) License to occupy City-owned property or facility from the Facilities Manager; (11) Trash accumulation permit from the City Manager pursuant to Title 26 of this Code; and (12) Business license from the Finance Department pursuant to Section 14.08.010, et seq., of this Code. (b) Determine whether the applicant's special event constitutes expressive activity within the meaning of this Chapter. If the applicant asserts that the proposed event constitutes expressive activity within the meaning of this Chapter, the special events coordinator shall not make a negative d etermination in this respect without first conferring with the City Attorney. (c) Refer the application to other relevant City departments and citizen advisory boards to solicit their comments, suggestions for conditions of approval and estimate of fees for the rental of City equipment or services requested by the applicant or suggested as a condition of approval for the special event. (d) Determine whether the special event requires City Council approval prior to the issuance of a permit. In making this determination, the following criteria shall be considered by the special events coordinator: (1) Whether the applicant will need to obtain City Council approval for another permit or license related to the special event. (For example, a special events liquor license, vending agreement or temporary land use approval). (2) Whether the special event has been approved by the City Council in the past. (3) Whether the special events coordinator, City Manager or any member of Council deem it advisable for Council to consider and approve the application. (e) Assist the applicant in determining what City-owned equipment (barricades, traffic cones, etc.) and/or City services (law enforcement officers, clean-up crews, etc.) shall be required as a condition of approval to maintain public order and protect the public health, safety and welfare. (f) Impose such conditions as deemed necessary to protect the integrity of the site and the surrounding uses and structures in the neighborhood in which the special event is to take place and to minimize or mitigate any impacts the special event may have upon the health, safety and welfare of the citizens and guests of the City. This may include, but is not limited to, setting requirements for or imposing restrictions upon, size, bulk, location, open space, buffering, screening, noise, signage, parking, traffic control, security, clean up, maintenance, operations, hours of operation, set-backs, building materials and requiring such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the site of the special event to its original use or condition. 35 Created: 2022-07-19 14:49:29 [EST] (Supp. No. 3, Update 3) Page 8 of 12 In determining whether to require financial responsibility guarantees or insurance policies, the special events coordinator shall consider the nature of the proposed use of public property and the adaptability of the sa me to the proposed use, the number of persons expected to use the public property, the past experience of the City and other governmental subdivisions with similar special events and the effect such event would likely have on the neighborhood surrounding the subject property. (Code 1971, § 12-103) Sec. 14.20.040. Parade permit. (a) Application for a permit authorizing a parade by fifty (50) or more persons in or upon any public street, right - of-way, sidewalk or in any other public way or City owned or operated place or facility within the City shall be made on a form prepared and made available by the City Manager and submitte d to the City Manager no less than thirty (30) days prior to the scheduled parade. The City Manager may require any additional information from the applicant which is reasonably necessary to a fair determination as to whether a permit should issue. The application form shall contain a description of the standards to be used by the City Manager in deciding to approve, deny or approve with conditions parade permit applications. (b) If the proposed parade does not comply with rules and regulations for parades promulgated by the City Manager, the City Manager may present alternative locations, times, routes or other conditions that will comply. The applicant can either accept the changes or submit a new application no less than twenty (20) days prior to the date of the parade that does comply with the issues raised by the City Manager. (Code 1971, § 12-104; Ord. No. 27-1992, § 3 ) Sec. 14.20.050. Park use permit. (a) Application for a permit authorizing a person, group or organization exclusive use of all or a portion of a City - owned park or facility, for a limited period of time, shall be made on a form prepared and made available by the City Manager and submitted to the City Manager no less than thirty (30) days prior to the scheduled use of the park or facility. The City Manager may require any additional information from the applicant which is reasonably necessary to a fair determination as to whether a permit should issue. (b) If the proposed use of the park does not comply with rules and regulations for park use promulgated by the City Manager, the City Manager may present alternative locations, uses or conditions that will comply. The applicant can either accept the changes or submit a new application no less than twenty (20) days prior to the date of the park use that does comply with the issues raised by the City Manager. (c) The City Manager may require the applicant to execute a license agreement, approved as to form by the City Attorney, to occupy the park or portion or facility thereto. ( Ord. No. 27-1992, § 3 : Code 1971, § 12-105) Sec. 14.20.060. Expressive activity. Whenever an applicant for a permit pursuant to this Chapter asserts that the proposed event constitutes expressive activity within the meaning of this Chapter and the Special Events Coordinator so determines, the following procedures shall apply: (a) Notwithstanding any provision of this Code to the contrary, the Special Events Coordinator shall not impose additional conditions upon the issuance of a parade or park use permit not required by the City Manager. 36 Created: 2022-07-19 14:49:29 [EST] (Supp. No. 3, Update 3) Page 9 of 12 (b) Notwithstanding Sections 14.20.040(a) and 14.20.050(a) to the contrary, an application for a parade or park use permit shall be made no less than four (4) days prior to the date of the expressive activity. (c) Notwithstanding Subsections 14.20.040(b) and 14.20.050(b) to the contrary, the resu bmittal of an application incorporating suggested changes by the City Manager shall be submitted no less than two (2) days prior to the date of the proposed expressive activity. (d) Notwithstanding any provision of this Code to the contrary or suggested condition imposed by the Special Events Coordinator or any other agent of the City, the applicant shall not be required to procure or maintain insurance, post a bond or pay any fee or charge which is not nominal and intended solely to recover the costs of processing applications for permits or licenses. Nothing in this Subsection is intended to relieve the applicant from paying all bills and charges for the use of City equipment or services requested by the applicant, to make repairs or to reimburse for damages incurred or caused by the applicant or other responsible person while engaged in the permitted activity. (Code 1971, § 12-106; Ord. No. 27-1992, § 3 ) Sec. 14.20.070. Fees. Prior to the issuance of a special event permit pursuant to this Chapter, the applicant shall pay the permit processing fee set forth in Title 2 and, in addition to the processing fees, all estimated charges for City services, property and equipment requested by the applicant or determined to be a requisite condition of approval by the Special Events Coordinator. (Code 1971, § 12-107; Ord. No. 27-1992, § 3 ; Ord. No. 45-1999, § 14 ) Sec. 14.20.080. Waiver of fees. The fees and charges imposed by this Chapter shall not be waived except as provided herein. Application for the waiver of all or a portion of the fees and charges imposed by this Chapter shall be made on a form prepared and made available by the Special Events Coordinator and submitted to the City Manager no less than three (3) days after the filing of the permit application. The City Manager may waive all or a part of the fees and charges as she, in her discretion, deems to be in the best interests of the City. The City Manager may take into consideration whether the applicant is as a nonprofit organization, the extent and nature of the applicant's financial resources, the revenues expected to be raised by the special event and any other information deemed relevant by the City Manager. All waivers shall be made in writing. (Code 1971, § 12-108; Ord. No. 27-1992, § 3 ) Sec. 14.20.090. Indemnification. Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the applicant shall execute a written agreement to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage or cost sustained by any person or property, to the extent any such loss, liability, damage or cost rises from any activity associated with the special event or use of City-owned equipment, supplies or property. (Code 1971, § 12-109; Ord. No. 27-1992, § 3 ) 37 Created: 2022-07-19 14:49:29 [EST] (Supp. No. 3, Update 3) Page 10 of 12 Sec. 14.20.100. Insurance. Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the applicant shall procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands and other obligations assumed by the applicant pursuant to Section 14.20.090 above. Such coverages shall be procured and maintained with forms and insurers acceptable to the City. Public liability insurance coverage shall, at a minimum, be in amounts equal to the monetary limitations provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as from time to time amended. The policy shall be endorsed to include the City and its officers and employees as additional insureds and shall provide primary insurance. The applicant shall present a certificate of insurance to the Special Events Coordinator completed by the applicant's insurance agent as evidence that policies providing the required coverages, conditions and minimum limits are in full force and effect prior to the date of the event. The certificate shall identify the special event and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days' prior written notice has been given to the City. Failure to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute sufficient grounds for immediate revocation of a permit issued pursuant to this Chapter. (Code 1971, § 12-110; O rd. No. 27-1992, § 3 ) Sec. 14.20.110. Bonds. Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the applicant shall provide the City with a guarantee to ensure financial responsibility for the payment of all bills, repairs, damages and otherwise ensure performance of all conditions of approval. The guarantee shall be in the form of a cash escrow with the City or a bank or savings and loans association or an irrevocable sight draft or letter of credit from a financially responsible lender and shall give the City the unconditional right upon demand to withdraw funds to pay any outstanding bills, including obligations to the City, make repairs, reimburse for damages incurred and perform all conditions of approval. (Code 1971, § 12-111; Ord. No. 27-1992, § 3 ) Sec. 14.20.120. Term of permit. A permit issued pursuant to this Chapter shall remain in effect only during the time stated in the permit and shall not be transferable to any other entity without the prior written consent of the City. (Code 1971, § 12-112; Ord. No. 27-1992, § 3 ) 38 Sec. 14.20.130. Appeals. Any person not satisfied with the action taken by a person designated by the City Manager to perform the duties of the City Manager set forth at Sections 14.20.040 and 14.20.050 above, by the Special Events Coordinator or any other City staff person with regard to an application pursuant to this Chapter shall have the right to take successive appeals, first to the City Manager and then to the City Council. An appeal to the City Manager shall be taken by filing with the City Clerk a signed statement that the applicant desires to appeal to the City Manager, along with a copy of the application and the written denial or the permit objected to. An appeal of a decision by the City Manager to the City Council shall be taken by filing with the City Clerk copies of the application, denial or permit and the written decision issued by the City Manager, along with a sign ed statement that the applicant desires to appeal to the City Council. Each appeal shall be filed within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the decision appealed from. A hearing shall precede a decision by either the City Manager or City Council and advance notice of the hearing shall be provided to the applicant and the City official whose decision is being appealed as soon as is practicable. The right to appeal an adverse decision by the City Manager to City Council shall be contingent upon City Council's regular meeting schedule. If City Council does not meet prior to the time of the scheduled special event, the City Manager's decision shall be final. (Code 1971, § 12-113; Ord. No. 27-1992, § 3 ) 39 Attachment B: Example Draft Facility Matrix The following example table is an illustration showing how a site matrix may exist. This example is illustrative only, and does not represent actual considerations, occupancy, restrictions, et cetera. Large Special Event and SportsMax Occupancy Frequency Limit Other Notes or Restrictions Community Events Recreation Programs Other Gatherings Wedding events Music and Amplified Music Tents (>400 sq. ft. requires permit) Koch Park 250 2 (New) Special Events per Year No Back to Back Weekends Yes Yes Yes Yes Yes Yes Paepcke Park 500 1 Special Event per Month Yes Yes No No Yes Yes Rio Grande Park 5000 Committee Review Yes Yes No No Yes Yes Wagner Park 5000 Committee Review Yes Yes No No Yes Yes Ajax Park 200 1 Special Use per Month Limited parking, consider neighbor impacts Yes Yes Yes Yes Yes Yes Moore Fields 1000 Recreation Use Only Committee Review Yes Yes No No No No Rotary Field 500 Committee Review Yes Yes No No No Yes Iselin Field 300 Recreation Use Only No Yes No No No No Theatre Aspen (Secondary Lease Area)110 8 Events Per Year, Managed by Theatre Aspen Yes No Yes Yes Yes No Pedestrian Mall and Downtown Core 1000 Committee Review Yes No No No Yes No Galena Plaza 500 Committee Review No infrastructure or vehicles Yes No No No Yes No John Denver Sanctuary 250 Committee Review Yes No Yes No Yes No Willoughby Park 250 Committee Review Yes Yes Yes No Yes No Special Usage and Small Events Frequency Restriction Community Events Other Gatherings Wedding events Recreation and Athletic Programs* (*exempt from Day Camps* (*exempt from frequency) One-to-one Training (Personal, Yoga, etc.) Drop-off/Pick-up location* (*exempt from frequency) Tents or other infrastructure Koch Park 100 1 total non-special event per month*Yes Yes Yes 2 per week 3 days/week No 1 org/day Max Two 10'x20' (no stakes) Paepcke Park 100 2 Special Uses per Month Yes Yes Yes Yes 1 org/day No 1 org/day Max Two 10'x20' (no stakes) Ajax Park 100 2 Special Use per Month Yes Yes Yes No No Yes No Max Two 10'x20' (no stakes) Bugsy Barnard Park 75 1 Special Use per Month Yes Yes No No 1 org/day No 1 org/day Max Two 10'x20' (no stakes) Galena Plaza 100 Committee Review Priority for Pitkin, Library, and City Yes No No No No No No Max Two 10'x20' (no stakes) Harmony Park 100 2 Special Uses per Month No Yes No No 1 org/day No No Max One 10'x20' (no stakes) Henry Stein Park 75 Staff Review AVLT owned, City managed Yes No No No 1 org/day No No Max Two 10'x20' (no stakes) Herron Park 100 Staff Review 2 per week 2 per summer No No No No Max Two 10'x20' (no stakes) John Denver Sanctuary 100 2 Special Uses per Month * No Infrastructure or Food, *Subject to Theatre Aspen Scheduling Yes Yes Yes No No No No No Molly Gibson Park 50 1 per month 2 per week 1 per month No No No No Max One 10'x20' (no stakes) Newbury Park 100 1 Special Use per Month Eagles has priority, walk- in only Yes Yes Yes Yes 1 org/day Yes No Max Two 10'x20' (no stakes) Red Brick Park (east and west)100 Red Brick Programming has priority.Yes Yes No Yes 1 org/day No 1 org/day (internal)Max Two 10'x20' (no stakes) Tot Lot Park 50 1 Special Use per Month Yes Yes Yes Yes 1 org/day Yes No Max Two 10'x20' (no stakes) Triangle Park 50 1 Special Use per Month Yes Yes No No No No No Max Two 10'x20' (no stakes) Yellow Brick 100 Staff Review Yes Yes No Yes No No No Max Two 10'x20' (no stakes) Dolinsek Gardens 100 1 Special Use per Month Yes Yes Yes No No No Under Construction Rio Grande Park 150 Recreation has first choice Yes Yes No Yes Yes Yes No Max Two 10'x20' (no Wagner Park 150 Rotary Field 150 Recreation has first choice Yes Yes Yes Yes Yes Iselin Field 150 Recreation has first choice Yes Yes Yes Yes Yes (8am-11am), 3 concurrent rentals Yes Moore Fields 150 Recreation has first choice Yes Yes Yes Yes Yes 40