Dillon resumes discussion of amphitheater-use policy after hiring new attorney
The Dillon Town Council is considering opening up the Dillon Amphitheater to private rentals, including commercial businesses, nonprofits and churches
After hiring a new town attorney, the Dillon Town Council has resumed its discussion of a formal policy that would outline what groups can use the Dillon Amphitheater.
The Town Council was joined by its new town attorney Erica Romberg when it discussed the amphitheater-use policy at a work session Tuesday, Sept. 10. The Town Council’s previous town attorney had resigned following a discussion over the policy earlier this year.
“We’re really looking for staff to consider adopting a formal, written policy for amphitheater uses,” Dillon events and recreation director Jessie Klehfoth said during the work session. “Where we left off was the Council was open to opening up the amphitheater for all types of rentals: nonprofit, commercial, private rentals.”
The Dillon Town Council began discussing a formal amphitheater-use policy back in April, when town staff raised legal concerns that a longstanding informal policy to allow a local church to hold services at the venue could violate the U.S. Constitution’s First Amendment.
Dillon’s former town attorney Kathleen Kelly, of Kelly PC, announced her resignation following a June meeting where the Town Council went against her advice and voted to temporarily allow the church to continue to use the amphitheater. It later reversed that vote.
During the last discussion of the amphitheater-use policy in July, the Town Council signaled interest in opening the amphitheater up to all private rentals, including nonprofits and churches, rather than restrict it to only town-sponsored events. The policy discussion was held up for several weeks this summer as the town looked to hire a new town attorney.
With the new attorney present, the Town Council last week discussed whether to allow half-day rentals for private groups at the venue.
“For the last five years, they’ve been doing two events on Sundays without any problems,” Council member Dana Christiansen said. “I would like to see that change to allow half-day events.”
Council member Renee Imamura also said that she would like to see “half-day events that accommodate some of the nonprofits.”
But Klehfoth told the Town Council that the lineup of paid artists who come to the Dillon Amphitheater don’t want an event taking place at the venue the same day as their show because they often start setting up as early as 10 or 11 a.m.
Klehfoth mentioned that before launching the Mountain Music Mondays series in 2023, the town held its free concerts on Sundays, which made it easier for the church to use the amphitheater those mornings. But Sunday night shows have proved to be a moneymaker for the town, with three Sunday night paid shows netting the town $300,000 in revenue in 2023 and five paid Sunday shows bringing in $430,000 this year, she said.
Town Council member Oliver Luck said, “It seems to me that the priority should be big events. That’s what it’s built for.”
Klehfoth also raised concerns about staffing the amphitheater for private rentals. She said that even events like yoga at the amphitheater can require several town staff members due to the need to secure entrances and exits and cleanup.
“Running into issues where we just don’t have staff would be a concern of mine because we can’t necessarily anticipate what kind of half-day rentals will be asked for,” Klehfoth said.
Mayor Carolyn Skowyra suggested that a “middle ground” might be to allow half-day rentals but only on days when there is not a paid concert. Skowyra also discussed whether half-day rentals might only be allowed on free concert nights.
Dillon Town Manager Nathan Johnson said, “We can do this,” referring to half-day rentals, “but I just want to be crystal clear … there are days that are just going to be off limits, right?”
Johnson said, as an example, that it might not be possible for a group to get a half-day rental of the amphitheater on a Sunday morning, but it might be possible for them to get that rental on a Wednesday afternoon.
Klehfoth said that by May 1 each year the town should have most of the paid concerts lined up for the summer, but it is possible that more concerts could be announced later. She suggested going live May 15 with accepting applications for private rentals from corporations, nonprofits and churches, closing applications May 31 and notifying the selected groups by June 15.
Some council members suggested moving those dates back so that private renters would have more notice.
Skowyra suggested a first-come-first-served system. Johnson said a first-come-first-served policy could prevent the town from having to choose between outside groups.
“I think the only way to do it is: ‘Here’s one registration block; Whoever gets it, gets it,” Johnson said. “Because I don’t want to pick one group over another.”
Christiansen suggested that the town include language in the agreement with private renters that if the town gets a paid concert, then the other group could be bumped from their slot.
Skowyra said that she would like to allow Dillon residents to weigh in on the vision for the amphitheater, since it is a town facility. She clarified that she is against private rentals at the amphitheater.
“I’m going to vote against doing any type of private rental at the amphitheater,” Skowyra said, “because I don’t think that’s what we told the people we’d be doing. Until we engage with them … and ask if this is OK for the town of Dillon, I’m not in favor of renting out the amphitheater for any sort of private use.”
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