Council approves park movie deal

 

■ Outdoor film festival to be staged in Civic Center Park for 30 consecutive nights

 

BY RORY SEEBER

City Council has approved a contract with Massachusetts-based US OpenAir (USOA) to present paid-admission movies in Civic Center Park for 30 consecutive evenings this summer and a similar period in City Park the following two years.
    The approval came with an 8-4 vote Jan. 19 after an approximately 90-minute public hearing followed by about two hours of discussion. Council representatives Jeanne Faatz (District 2), Doug Linkhart (At-Large), Paul López (3) and Judy Montero (9) voted against the contract. District 6 Councilman Charlie Brown was absent.
    Seventy people signed up to testify at the hearing, but only about half of them were able to do so in the time-limited courtesy hearing. Council president and District 10 representative Jeanne Robb noted that 31 people signed up to talk in favor of the ordinance while 39 opposed it.

   In her remarks just before the vote was taken, Councilwoman Robb said that the discussion was “a perfect example of ‘good minds can disagree.’”
    The contract calls for the films to be presented July 14-Aug. 12 this year in Civic Center Park on the “great lawn” directly east of the City & County Building at 14th & Bannock. A grandstand seating 1,400 will be constructed facing east towards the Capitol Building and a three-story screen will be raised each evening. An estimated ten days will be spent both before and after the film series setting up and dismantling the necessary equipment.
    The city will be paid $300 per day by USOA ($15,000 for 50 days each year) as well as $45,000 for restoration of the grounds and the 10% “Seat Tax.” A possible percentage of the sales... 2% or 4% depending on the number of tickets sold... is scheduled to be paid in the last two years of the contract. Admission will be $15 in advance or $20 at the door for each movie.
    The city could earn upwards of $100,000 per year from the event. Half of the revenue from the Seat Tax will be applied to the park that is used and the other 50% will be allocated to capital improvements in all of the city’s parks, primarily for maintenance needs.
    The films will be current, first-run blockbusters, art-house films, and classics celebrating anniversaries. Some of this year’s movies will be associated with the city’s inaugural “Biennial of the Americas” celebration, which will be centered in the McNichols Building at Civic Center Park’s northwest corner.
    That event could also use the grandstand during the day, according to USOA’s managing director Julie Frahm, who spoke both before Council and at a Jan. 13 Capitol Hill United Neighborhoods’ (CHUN) neighborhood assembly.
    Food and drink, including alcohol, will only be available from concessionaires, all of which will be local companies. Frahm said that almost the entire staff for the festival will be hired locally. She characterized the event as “a celebration of the home city.” Denver will be the first US city to host USOA.
    In Civic Center the grandstand will be erected so it prohibits most viewing by anyone who has not purchased a ticket. Bannock will likely be closed in front of the City & County Building during the screenings.
    Arguments raised against the event have included: it’s a bad financial deal; as a lease of a park for more than 30 days it should required a vote of the electorate as some opponents believe is specified in the City Charter; it commercializes the parks; it’s a “special interest” ordinance; it’s elitist because of the pricing; moviegoers will park in residential neighborhoods; the contract may lead to a lawsuit; the proposed Parks & Rec Admission-Based Special Events Policy (ABSEP) should have been finalized before the contract was approved; the grandstand will spoil views along the east-west axes in the parks; it will allow corporate advertising in the parks; the sound levels may be too loud; the area will be fenced; movies are not a “park use”; and the deal sets a bad precedent, among others.
    Several registered neighborhood organizations (RNOs) passed resolutions opposing the contract. They include Inter-Neighborhood Cooperation (INC), the Alamo Placita Neighborhood Association (APNA), Greater Park Hill Community, Inc., the Whittier Neighborhood Association, Friends & Neighbors for Cheesman Park, and the Friends & Neighbors of Washington Park. Colfax on the Hill supports the project.
    Opponents who testified before Council included onetime  Parks & Rec manager Caroline Etter and former City Councilwoman Cathy Donohue.
    Those in favor of the festival have said: it will “activate” the parks, especially Civic Center, in which open drug-dealing is prevalent despite police efforts; it will provide maintenance funds for all of the city’s parks; it will create jobs; it could attract customers to neighboring business districts; the festival could become an “iconic institution” such as the Denver Botanic Gardens’ summer concerts and therefore attract tourists; 30 Dolby speakers will be pointed inward and tests have shown the sound will not violate noise ordinances; there is almost no financial risk to the city; and it is not precedent-setting because Council would have to vote on any similar event, among other arguments.
    Both supporters and critics of the contract have questioned its legality, with opponents saying the City Charter requires a vote on the matter since “no park or any portion of a park” can be sold or leased without prior approval of the majority of voters.
    Assistant City Attorney David Broadwell told Council that no voter approval was necessary according to his interpretation of the same paragraph of the City Charter, since the contract can be considered as a lease to a “concessionaire” for “park purposes.”
    A similar dispute concerning the city’s granting of an exclusive franchise to Mile Hi Cablevision in 1982 eventually led to a court decision that resulted in a special election, in which voters approved the deal.
    “I don’t care what you call it, I think this is a lease,” Councilwoman Faatz commented before the Council vote. “This is an honest disagreement, but it is a huge disagreement.”
    Councilwoman Carla Madison, whose District 8 includes City Park, noted, “No matter how you vote, you’re going to disappoint half the crowd.”
    “The claims that all parks are free and open to the public at all times are not made by people who spend any time in the parks,” Madison stated.
    Architect David Tryba, a supporter of the deal, said to the Council, “I ask you one question: If there were no movies in the park would you ask...your wife, ‘Honey, can we grab the kids and go down to Civic Center tonight?’.”
    Councilman Linkhart said, “I’ve come up with more ‘cons’ than ‘pros.’ The reason USOA wants these places is the same reason I do. It’s because they are sacred places. We have about 100 days of summer and this will use half of them.”
    “We’re desperate for money,” Linkhart added, “but I’m not that desperate. I agree that we should activate Civic Center, but this is only (for) one year.”
    Councilwoman Robb said, “I don’t think this begins the commercialization of our parks. It’s a question of scale.”
    “The negative has been the Parks (& Rec) process,” she noted. “It angers me because it makes our jobs harder. Up until tonight, the process was bad.”
    Parks & Rec manager Kevin Patterson, who was heavily questioned during the nearly four-hour discussion, said, “It’s fair to say that we had a public process that could be improved upon.” He explained that part of the reason for the rush was to allow USOA enough lead time to prepare for this summer.
    Patterson said that he wants to work out the details with neighbors of the parks now that the contract has been approved. Several Council members noted that the relatively short length of the contract made it a good test of the concept. Many said that if the effort is successful, they’d like to see it return to Civic Center.
    “I’m struck by the conflicting images of Civic Center Park with and without this,” District 7 Councilman Chris Nevitt said. “I don’t understand why we wouldn’t give this a crack. It could be that this is decided in the courts at the end of the day, but that’s a decision we want to get.”
    Councilwoman Madison concluded her comments by saying, “People will vote (on this) with their feet and their wallets.”
    For information, contact a council representative, Parks & Rec’s Chantal Unfug at 720-913-0670 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or Jill McGranahan at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or call 311. Details of USOA can be found at usopenair.com.

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Gail Rosiere  - Friend   |71.229.141.xxx |2010-02-18 20:14:40
I am very excited about the coming movies and events in the park this summer. It
will be great. It will get people out and mixing with others.
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