HomeMy WebLinkAboutagenda.council.worksession.20160816
CITY COUNCIL WORK SESSION
August 16, 2016
4:00 PM, City Council Chambers
MEETING AGENDA
I. Site Visit: Aspen Alps 4:00
II. Revised plan for the use of Parks and City Owned Facilities for Special Events
III. Development of a City of Aspen Public Arts Policy
P1
Page 1 of 4
MEMORANDUM
TO: Mayor and City Council
FROM: Teresa Hackbarth, Parks Office Manager
Nancy Lesley, Director of Special Events
THRU: Jeff Woods, Manager Parks and Recreation
Tom Rubel, Director of Parks and Open Space
DATE OF MEMO: August 12, 2016
MEETING DATE: August 16, 2016
RE: Revised plan for the Use of Parks and City Owned Facilities
for Special Events
REQUEST OF COUNCIL: Staff is providing Council with an updated plan regarding the use
of city parks and facilities for special events and fundraisers, which is based on the original plan
that the Parks Department presented to a previous Council in 2009. This current request is due to
the increased interest in holding special events within the City of Aspen’s parks and facilities.
This plan and matrix would also clarify the procedure and reduce the number of appeals. Staff’s
new plan is focused primarily on Wagner Park, Rio Grande Park, Paepcke Park, the Mall and the
Aspen Golf and Tennis Club but the plan will not be limited to these facilities.
Staff feels that the Aspen Ice Garden and the Aspen Recreation Center (ARC) should continue to
operate under their current use agreements and therefore these facilities would be excluded from
this plan. Staff is also requesting permission from City Council to allow open space properties
such as Cozy Point or Marolt to possibly be used as event sites contingent upon the limitations of
applicable open space policies and/or conservation easements subject to that property. Staff is
requesting that City Council provide staff with guidance and permission at this time to pursue a
new plan referred to as the “Plan for the Use of Parks and City Owned Facilities for Special
Events”. Staff will provide Council with periodic updates as the project progresses.
PREVIOUS COUNCIL ACTION: In September 2009, Council agreed with the Parks and
Open Space Department’s plan and “2009 Matrix” for use of the city owned facilities which was
designed to balance event impacts with the sustainability of parks, facilities and opens space and
with the general public’s open use of parks and city owned facilities.
DISCUSSION: To date, city staff is constantly fielding requests pertaining to the use of
Wagner, Rio Grande, Paepcke Park, the Mall, and the Aspen Golf and Tennis Club. These
requests are generally from non-profit organizations that want to use these spaces for fundraisers
or community events and other types of organizations wanting to use these spaces for private
P2
II.
Page 2 of 4
events. Currently in place is a good, streamlined, special events application process which clearly
defines the steps for holding a special event. This process includes allowing an applicant to
appeal a decision by staff to deny a special event application during the special event review
process. The current policy further allows the applicant to appeal to the City Manager’s office
and if they uphold the decision to deny, then the applicant can go to City Council for a final
decision. Within the last few years, staff has seen this booking trend to continue to grow
significantly thus creating the need for an updated plan and policy. The new plan would ensure
that existing repeat events would be granted grandfather status and not be subject to the details of
the new plan.
The new plan in progress for the “Use of Parks and City Owned Facilities for Special Events”
would include the following concepts as well as include an updated event matrix such as the one
attached (see Exhibit A - entitled 2016 Parks and City Owned Facilities Special Event Use
Matrix):
1. The most important aspect of this program and one of staff’s primary goals with this plan
is to ensure that the general public has substantial access to park and public facilities.
This is the highest priority to staff.
2. The calendar of events would include certain blackout dates or would include the option
to pay double the projected income for that date if that date was highly desired by a
group. Blackout dates would include June 23rd of each year through the first week in
August. These dates were chosen as they are the busiest occupancy time for Aspen and
there are currently historical events on the calendar that use the parks during this time.
Due to existing heavy use during this time, staff feels that additional use should be
limited so that the parks can be used for general public enjoyment.
3. Major holidays would be non-negotiable as blackout dates as the town is already at
maximum capacity on these dates and cannot absorb further use. In addition to the
parameters mentioned in this memo, all holidays would be event free except for the 4th of
July, and all current park special events would be grandfathered in with the option for
staff to rotate parks as they see fit.
4. Staff would have the authority to give priority status to short term (defined as lasting two
days or less including setup/breakdown), local events in regards to determining
scheduling and location within facilities and parks. Long standing local community
events such as Ducky Derby and Motherlode would be grandfathered in and would not
necessarily be subject to all the rules of the new plan.
5. Priority would also be given to community events involving locals gathering together in
enjoyment of the parks as opposed to corporate sponsored events. Events that are good
for the community, or have a community benefit, or community health impact would also
more priority.
6. Local low impact events for non-profit groups would not be charged any parks use permit
fees unless they request exclusive use of the park.
7. Terms such as exclusive use or non-exclusive use would be more clearly defined.
8. Staff would be in charge of determining which events best meet the public’s needs, which
parks work best for an event, and how to best protect the sustainability of each park.
P3
II.
Page 3 of 4
9. Staff would have the authority to determine which part of the park would work best for an
event.
10. Anytime a park is impacted for more than four days, city council approval would be
required.
11. The city would continue to approve all events through the usual special event process.
Another important component of this new plan would be to address the increased request from
businesses that want to rent parking places in front of their stores for event purposes. Parking is
open except for the holiday blackout dates. As part of the new plan, Staff is recommending that
the following parameters be implemented in order to address renting parking places:
1. Blackout dates would include all dates through Labor Day weekend (so the option to
reserve spaces would only be available after Labor Day) and all holidays.
2. This option would not be available to restaurants and a front door or window must be
facing the requested parking spaces
3. No food or alcohol would be allowed outside
4. Available space would be limited to 2 adjacent parking spaces
5. Events could not last more than 3 hours and week days and evenings would be preferred
6. All outside displays must be a sampling of what the store sells and contain full
merchandise displays or racks
Additionally, Staff would also like to include in this request that open space properties such as
Cozy Point and Marolt be considered separately from parks and other city owned facilities in
regards to hosting special events. Future management plans currently under development for
open spaces such as Cozy Point will address special event use in more detail in that management
plan. All special event requests related to open spaces would require the review and approval of
Staff, the special event committee, the City of Aspen Open Space & Trails Board (OSTB) and
Aspen Valley Land Trust (AVLT) when appropriate.
The Aspen Golf Club has its own plan for allowing special events which includes date
restrictions for fund raising events that start the last week in June and go through the Labor Day
weekend. These blackout dates are most favorable for generating revenue at the golf course and
would only be considered if the golf course was compensated at 100% of their projected revenue
at that time of year. In other words, the golf course would need to be fully supported for that day
by the event while still allowing some public access. In addition to this high season, these events
would also be limited in number so as to be considerate of pass holder’s access to the golf
course. Shoulder seasons which include April 1st through the last week in June, are favorable for
holding fund raising events and would be considered. Currently, the Golf Course has the
following grandfathered in events at the Aspen Golf Course: the Aspen High School Football
fundraiser held in mid-May, the Aspen Junior Golf Fundraiser which is a one day event and is
held sometime between mid-July to mid-August. In the fall, the following fund raising events are
held: the Elks Tournament for Shining Stars, the Sterling Cup for Aspen Junior Hockey, and the
Mayors Cup for the Audubon Cooperative Sanctuary Program.
P4
II.
Page 4 of 4
Staff would also like to propose utilizing all events held on city property as possible marketing
opportunities which could be used to gain more exposure for the City of Aspen. Many special
events have either national or international exposure and the city should capitalize on this
opportunity whenever possible. The subject of car companies providing sponsorships for events
will also be evaluated.
FINANCIAL/BUDGET IMPACTS: The approval of this new plan would help minimalize
negative impacts on parks and facilities from over use by special events that are currently causing
impacts on departmental budgets (such as the cost of re-sodding, the cost of increased staffing).
Through this action, the city of Aspen could also gain valuable marketing related exposure from
special events as opposed to only gaining additional revenue through fees.
RECOMMENDED ACTION: Staff is requesting that Council provide general guidance and
permission to staff to pursue creating and designing a new Plan for the Use of Parks and City
Owned Facilities for Special Events.
ALTERNATIVES: If Council does not approve this request to implement the new Plan for the
Use of Parks and City Owned Facilities for Special Events, then the process would remain as is
and impacts on parks, facilities, staff, resources and finances could continue to increase.
ATTACHMENTS: Exhibit A entitled - 2016 Parks & City Owned Facilities Special Event Use
Matrix
P5
II.
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P6
II.
Page 1 of 4
MEMORANDUM
TO: Mayor and City Council
FROM: Tom Rubel, Manager Parks and Recreation
Teresa Hackbarth, Parks Office Manager
THRU: Jeff Woods, Manager Parks and Recreation
DATE OF MEMO: August 12, 2016
MEETING DATE: August 16, 2016
RE: Development of a City of Aspen Public Arts Policy
REQUEST OF COUNCIL: Staff is requesting that Council provide guidance and permission
for the Parks and Open Space Department and city staff to pursue the creation of a “Policy for
Public Art in Aspen” for parks and city owned properties based on the concepts presented in this
memo.
PREVIOUS COUNCIL ACTION: In November 2015, a city of Aspen intern conducted a
study of this subject and some of the facts of that study are included in this presentation.
However, this information was not presented to Council as it was still under development.
DISCUSSION: The City of Aspen and the Parks Department does not currently have a Public
Art Policy to address the placement of art in city owned parks and facilities. A Public Art Policy
would provide the City with a framework for receiving public art within city properties, public
spaces and area parks. This policy would help enhance public art throughout the city, streamline
the process for determining which art is most appropriate for each space, provide support systems
for local artists, and celebrate Aspen’s unique character, history, and vitality through a range of
donated art projects. Currently, city staff receives requests to place art several times a year.
Because of the dynamic arts community found in Aspen and the generosity of donations of art
pieces, the area could potentially become over whelmed and saturated thus distracting from the
natural beautify found in this area. Therefore, it is important to have a well-defined art policy to
assist the community with this issue and the ultimate goal of this policy is to enhance public
spaces for all.
The current process for requests from donors begins with the City of Aspen receiving an art
placement request which staff then presents during a City Council work session. At this work
session, the prospective art donor presents their project and explains the logistics, maintenance,
future ownership of that art, and staff provides their input. It is then up to City Council to decide
if the art is appropriate for placement on public property or in a public park and to ask questions
about the logistics of the project. At this work session typically Parks staff and/or other city staff
P7
III.
Page 2 of 4
is asked to comment on any issues that might arise related to maintenance, responsibility, liability
for the art, and to give their opinion. The City of Aspen currently has art work located on the
Mall, along some core street areas, and in a few of the public parks such as Rio Grande and
Pioneer Park. (See photos of existing publically placed donated art below.)
Nail Bear – Hyman Mall Flowing woman - Pioneer Park Steel buffalo - Rio Grande Park
Many Colorado communities similar to Aspen have existing art policy programs and staff
researched 7 different places in Colorado when preparing this information. A brief summary of
three of these community’s policies (including Carbondale, Breckenridge, and Fort Collins, CO)
are included in Exhibit A in order to help council, staff and the City develop a public arts policy
that meets the needs of their community. Each of these communities has a program that benefits
public art that the City of Aspen could utilize to create their own policy.
Some reoccurring themes in each of these community’s programs detailed in Exhibit A that may
translate to the design of an Aspen Public Arts Policy are:
1. Written agreements/or contracts are essential: The city shall establish a written
agreement between all art donors and the city or town which addresses important aspects
of art placement which may include but are not limited to things such as who owns the
art, how long will the art remains on the site, who will pay for maintenance of the art,
who will be responsible for removing the art, and any other pertinent issues.
2. A Public Arts Commission or a Public Arts Board should be established: A formal
board will help set criteria for how public art is selected, maintained, funded and
returned. This commission or committee should be appointed by City Council based upon
an application process and have a predetermined limited staggered term on how long each
member can serve. All appointed commission members will be volunteers. Participants
will need to submit an application, go through an interview process and then they will be
selected. The commission should consist of a small group of appointed members, one
council liaison, one Parks Department liaison and one other city department liaison.
Overall, commission members should be generally interested in the arts, passionate,
collaborative and committed to the arts. The City of Aspen could modify or use similar
rules from local boards such as the City of Aspen’s Open Space and Trails Board in
regards to appointing members.
P8
III.
Page 3 of 4
3. The commission or boards duties shall be well defined – the duties of the committee
may be limited to supporting the policy regulations and rules as opposed to supporting or
promoting the arts by looking for new art installations.
4. The process of selecting art from donors needs to be well defined: This is important
so that it is clear as to how the art is chosen (as one man’s Picasso is another man’s
graffiti.) Staff is continuing to research how other communities have handled this part of
the process whether it’s through advisory relationships with other entities in the
community such as art museums, galleries, art teachers or through other avenues such as
letting the public vote for art pieces on line.
• For instance, the City of Loveland has a process of consideration which requires
that the donor submits an application, provides images of the work, includes a
cover letter explaining why it’s being offered to the city, provide their resume or
biography and a sampling of work, provides a current estimate of value, and
provides a conservation assessment describing condition and a maintenance plan,
(plus any additional information the committee requests).
5. There should be a limited time period for donation requests to be submitted: Gift
requests might be reviewed twice per calendar year or as the committee sees fit so as to
minimize the time spent by the committee and staff on requests and streamline the
process.
6. Donors should be 100% responsible for all costs related to the art: Including the cost
of the creation of the art, creating an installation plan with direction from staff, preparing
and paying for site placement with direction from staff of the art piece, maintaining the
art piece on an annual basis or as needed, retrieving the art once its placement period is
over, paying for the removal of the art and restoration of the site if applicable once the art
is removed (such as in a park), and for any and all liability related issued (including
providing the city with certificates of insurance based on the value of the art).
7. Ownership of the donated art should be defined: It should be clearly defined as to who
owns each piece of art once it is donated and who has the authority to remove and give
away a piece of art once the city is done displaying the art (is it on loan in perpetuity to
the city or does the city become the lawful owner of this piece of property?)
8. A clear “deaccessioning process” (removal process) needs to be addressed – this will
include details on several things including date of removal, notification to artist, process
for removal, costs of removal, liability of removal, what will happen to the art once it is
removed, etc.
• Certain areas within parks and city owned facilities should be designated –
these sites should be selected by city staff as appropriate for placement of art work
and placement should not occur outside of these predesignated areas. Rotation
schedules for these sites will also be established by the staff. Sites where public
art is displayed should be fairly and equitably distributed throughout Aspen so that
it enhances and activates public spaces. Public art should be displayed in areas
with high levels of pedestrian traffic, be a part of the city’s circulation paths, be
easily visible, serve to activate the surrounding sites, enhance the environment and
pedestrian streetscape experience, and help create a place of activity. Potential
sites could include: Galena Plaza, Aspen Fire Station, public transit stops Mall
areas, large screen/retaining walls, public parks, trails, and landmarks.
P9
III.
Page 4 of 4
9. Appropriating budget money – city departments such as Parks may need to have some
money appropriated in their annual budgets in order to address unexpected costs that may
arise related to art placement, maintenance, and removal.
10. All agreements should be in writing before any art is donated - All agreements
between the art donor and the city shall be in writing and shall be approved by the art
commission, the city attorney, and city council if appropriate.
11. Past art donations may need to be reviewed – staff and the arts commission or board
may need to look at past art donations and review any previous paperwork related to that
donation. Then amendments to those agreements may need to be addressed in order to
reflect current policy.
FINANCIAL/BUDGET IMPACTS: The approval of this new plan would help minimalize
negative impacts on parks, public areas, mall spaces, and other city owned facilities such as
having too much art on display thus distracting from the natural beauty of Aspen. This plan
would also minimalize the cost of maintenance from city staff such as hand trimming around
artwork. Additional costs may include
RECOMMENDED ACTION: Staff is recommending that Council approve staff’s request to
further define and implement the City of Aspen’s Public Arts Policy or Program. Staff will come
back with a more formalized, detailed, written policy for further council review in the near
future.
ALTERNATIVES: If Council does not approve this request to design and implement a new
public art policy, then the process would remain as is and impacts on parks, facilities, staff,
resources and finances would continue to increase not to mention the city’s liability in relation to
the artwork. Plus the area may become saturated and natural beauty destroyed with undesirable
artwork as donations increase and accumulate through the years.
P10
III.
Exhibit A – Summary of the public art policies from three nearby communities (a total of 7
different communities were studied):
Carbondale, CO – The Carbondale Public Arts Commission is responsible for evaluating the
sites within the Town of Carbondale that would be appropriate for public art. Their policy was
established in 2003. They established a One Percent for the Arts program and the Art aRound
Town program through a resolution in 2014 which serves to enhance the environment of public
spaces, buildings and properties by creating a more visually pleasing area through art. Once the
resolution was adopted, the commission was established. The ordinance authorizes the allocation
of funds for art in town capital improvement projects, provides a framework for the art selection
process and separates 1% for the arts fund. The Art aRound Town program was created to bring
sculptures to the downtown core through an application process. Their commission consists of 11
appointed members, one staff liaison and one board of trustee’s liaison. They are part of a bigger
plan developed in 2015 called the Carbondale Creative District. They are a Colorado certified
creative district. More information can be found at: http://www.carbondalegov.org.
Breckenridge, CO – Breckenridge created the Breckenridge Creative Arts/Breck Create council
with is a non-profit organization that helps support and promote arts, culture and creative
experiences throughout the town. The BCA obtains its public art. The organization partners with
institutional funders to create educational programs and outreach initiatives. Corporate support
and funding from foundations and government agencies helps bring in arts and culture to
Breckenridge through education and cultural events and public art displays. The Town of
Breckenridge supports the art programs by helping fund projects near prominent public buildings
and outdoor spaces. The Art in Public Places donor program allows the Public Art Advisory
Committee to grow the town’s collection. BCA also welcomes corporate donations and in-kind
contributions that support the cultural programs and art operations. The Breckenridge Public Arts
Commission (BPAC) helps select donations budgets for installations, and monitors maintenance
of public art. Their commission consists of 11 appointed members, one staff member, and a 13
person paid panel of managers. They are a Colorado certified creative district. More information
can be found at: http://www.breckcreate.org/about/
Fort Collins, CO - The Fort Collins Art in Public Places program was created in 1995 to
encourage and enhance artistic expression and appreciation and to add value to the community.
This program is composed of three tiers related to project costs plus they have a purely donation
procedure in place. Their board consists of three board members plus one city council liaison.
The Art in Public Places Board advises and makes recommendations to the City Council
regarding incorporation of works of art into construction projects; advises and makes
recommendations to the City Council regarding the acceptance of offers to donate art to be
placed in public areas; and advises and makes recommendations to the Executive Director of
Culture, Parks, Recreation and Environment Services Unit and the City Council as to rules,
regulations, guidelines, policy, administrative, and budgetary matters pertaining to the Art in
Public Places Program. More information can be found at: http://www.fcgov.com/artspublic/
P11
III.