HomeMy WebLinkAboutagenda.council.worksession.20100301ASPEN CITY COUNCIL
WORK SESSION
MONDAY, MARCH 1, 2010
5:00 P.M.
CITY COUNCIL CHAMBERS
I. Possible Expansion of the Saturday market in the 500 block of East Hyman
II. Information only on the Special Vending Locations
MEMORANDUM
TO: City of Aspen City Council
FROM: Drew Alexander, Interim Zoning Officer n ~'
THROUGH: Chris Bendon, Community Development Director' 1 y~
S ecial Vending Locations IIIJJJ~VV iii
RE: p
MEETING DATE: March 1, 2010
SUMMARY:
At a Council work session held in September of 2009, Community Development (Staff) was
directed to make changes to the Temporary Outdoor Food Vending section of the Land Use
Code (26.470.050.7). While Staff was drafting changes to this section, a somewhat random
discovery revealed a prevalence of special vending locations on public property in similar resort
towns (Telluride, Jackson Hole, and Crested Butte). Staff felt that the discussion was worth
having to decide whether or not special vending locations were appropriate for Aspen.
Staff has become aware of high levels of apprehension and concern in the community. Food
carts on public property potentially represent more competition for those businesses already
paying high rent. Staff would like to make it clear that a primary concern during this process has
been maintaining fairness within the market.
The main goal of the March 1 work session was to receive further direction from Council as to
whether or not this was an idea worth pursuing. If the idea didn't work due to a lack of
responsible implementation, the City would simply continue to allow food carts only on private
property. However, in the event that the City Council favored the idea behind special vending
locations, Staff was hoping to determine those principles and policy measures that will make the
program fair and reasonable. This direction would have shaped the program before Staff
developed an official proposal.
With the lack of consensus in the community and concern from local businesses, the work
session item was postponed. Perhaps at another time after there has been further input by the
community, City Council could revisit the idea.
PREVIOUS ACTION:
During a work session held on September 19`h, 2009 the City Council reviewed current
regulations for Signage, Outdoor Merchandising, and Temporary Outdoor Food Vending.
Council gave Staff the direction to re-examine the Temporary Outdoor Food Vending section to
allow for more options and flexibility.
ATTACHMENTS:
Exhibit A.1 - A.15 Public Comment received in response to ACRA email
/j , ~ Page 1 of 1
Kathryn Koch
From: Wes Fleming & Barbara Menendez [bigwrap@rof.net]
Sent: Sunday, February 21, 2010 2:55 PM
To: Kathryn Koch
Subject: Fw: food carts
-----Original Message -----
From: Wes Fleming & Barbara Menendez
To: eklanderud@asoenchamber org
Cc: brvanpacificaCcilyahoo com
Sent: Sunday, February 21, 2010 2:54 PM
Subject: food carts
Hi Eric
Thanks for sending out the email concerning downtown food carts.
As the owner/ operator of The Big Wrap I am opposed to any vending of food or goods outside a leased commercial
space (four walls, a ceiling and a front door) I do not feel this adds to the "vitality" of Aspen I have several reasons why I
oppose this idea:
- unfair competition (The vendors by not paying rent are able to sell items at lower prices because they do not have the
overhead associated with downtown leases)
I have just recently signed a new lease that puts my garden level space at nearly 100K a year for 680 square feet. I
signed this lease knowing who my competition is and what it would take for a future competitor to fill a downtown
commercial space.
- I believe that by putting carts on the street we are basically "opening up a can of worms".If we start with two carts where
do we stop? How do you regulate a night time operation that starts at 10PM? What next jewelry carts, souvenir carts?
Lets fill the empty spaces in town with year round tenants. Nobody will take these spaces knowing that there is a
possibility that someone else may come along and be able to do business at a lower cost right out in front of their space.
-I don't believe that selling a hot dog on the street to an Aspen visitor adds vitality I think it is the activities and events that
will provide the Aspen guest with a great experience.
Thank you for the opportunity to express my opinion
Sincerely,
Barbara Menendez
2/22/2010
A _ eL Page 1 of 1
Kathryn Koch
From: Mary Lynn Casper [mlcasperaspen@yahoo.com]
Sent: Sunday, February 21, 2010 5:11 PM
To: Kathryn Koch
Subject: food carts
I understand that the city would like to introduce foodcarts on the mall and in parks. As a
restaurant operator of 19 years, I am completely opposed to this idea. At a time when all of us
are struggling to make ends meet or simply to stay open, it is unfair to allow food carts to take
away any of our business. All the restaurants have very expensive rents and to have someone
with a cart that does not pay rent just does not seem right.
We used to have very strict rules about everything, down to how many inches our signage
was. Now the pendulum seems to have swung the other way. Bad, uncared for signs litter the
walkways and malls. Sale items that axe75% off are on racks everywhere. It looks like a
discount mall. And the latest outdoor seating of Mustangs was very unattrative, disruptive and
not very clean.
If we need more vitality, we should direct our attention to more events, more people and
therefore more business. Please take this into consideration. Sincerely, Mary Lynn Casper
2/22/2010
,L,, 3 Page 1 of 1
Kathryn Koch
From: Terrance McGuire [tmaggiedonovan@yahoo.com]
Sent: Sunday, February 21, 2010 8:59 AM
To: Kathryn Koch
Subject: food carts
I think its a good idea if the carts are to be stationary. If they are allowed to roam and set up where they want I
see problems, when restaurants are lucky enough to have made it here, and are now struggling to pay rent, to
have some new cart set up near you on city property and start selling...........On arelated note, it would be great
to see the popcorn wagon open for business again, it just sits there dark. Someone from the city/ACRA should
contact Stanford University(property owners) to see if there's some way to get it open without having to re-open
D19 also, just a thought, I have some ideas if anyone seems interested. Thanks, Terrance McGuire, (Johnny
McGuires)
2/22/2010
~,~ Page 1 oft
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:36 AM
To: Kathryn Koch
Subject: FW: Temporary Food Cart Applications
Kathryn,
Here is a copy of the letter Bryan Nelson and the Chamber sent out.
From: bryanpacifica@yahoo.com [mailto:bryanpacifica@yahoo.com]
Sent: Wednesday, February 17, 2010 5:14 PM
To: Erik Klanderud
Subject: Temporary Food Cart Applications
Dear Chamber Restaurant Members,
Please be advised that on March 1, 2010 the City of Aspen Community Development Department will be presenting a
proposal to Ciry Council to provide for temporary food cart applications.
Please review the details below and reply to me with any feedback you may have so that I can bring your comments to
the ACRA board meeting on Feb. 23rd.
In 2009 the City of Aspen re-visited the Land Use Code to address the increasing number of requests for temporary food
carts independent from restaurant and property owners.
The City of Aspen Community Development Department, and the Commercial Core and Lodging Commission's (CCLC)
primary objective is to increase vitality and pedestrian traffic on the Cooper Avenue Mall similar to the Hyman Avenue Mall
and Mill Street area by the fountain.
The proposal currently being drafted
Two Food Carts 2 separate locations
1. Rubey Park
2. Koch Park
The months of operation and hours of operation have not been decided. The CCLC will review the RFP's and make
recommendations to the Community Development Department and City Council.
The timeline for submitting feedback and attending the City Council work session on the Food Cart proposal is as follows:
February 23 -Aspen Chamber Resort Association Board Meeting
February 25 -Last day to submit comments into public record; emails, notes, etc. please sent to
kathrvn kCc~ci. aspen. co.. us
March 1 -City Council Work Session, please attend if you can to make your comments in person
Bryan Nelson
Aspen Chamber Resort Association Board Member
Restaurant Representative
bryanoacifica@yahoo com
2/24/2010
,~ Page 2 of 2
Erik Klanderud
Director of Membership
Aspen Chamber Resort Association
970-920-7149
eklanderud@asoenchamber org
2/24/2010
~, 5 Page 1 of 1
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:38 AM
To: Kathryn Koch
Subject: FW: Re: Food Cart Proposal Feedback
--- On Thu, 2/18/10, rjhoff63@aol.com <rjhoff63@nol.com> wrote:
From: rjhoff63@aol.com <rjhoff63@aol.com>
Subject: Re: Food Cart Proposal
To: bryanpacifica@yahoo.com
Date: Thursday, February 18, 2010, 10:24 AM
Bryan,
I feel that this proposal is giving outsiders the right to roll in, use our streets, add a strain to the public services,( police and
trash), and not pay all of the rent and taxes that a current business does.
We as Pacifca need to generate more revenue during 8 mos of the year, vs anon-tourist city, and this will hurt all of us. I
feel existing restaurants should have the option for this only.
Of course we feel that we can benefit from more foot traffic, but not if the existing business' are being passed by.
The locations of these carts are surrounding us which we completely object....the only acceptable compromise is to
operate the carts from midnight to Sam.
Russell Hoffberger
Owner-Pacifica Seafood and Raw Bar
2/24/2010
Page 1 of 1
f} .
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:39 AM
To: Kathryn Koch
Subject: FW: RE: Temporary Food Cart Applications Feedback
--- On Thu, 2/18/10, Scott Brasington <scott~aJcenichirestaurants.com> wrote:
From: Scott Brasington <scott@kenichirestaurants.com>
Subject: 12E: Temporary Food Cart Applications
To: bryanpacifica@yahoo.com
Date: Thursday, February 18, 2010, 2:03 PM
Bryan - I will submit comments to Kathryn's office when I return to town. Did this email go to all restaurant owners and
managers? This will directly affect any with lunch service restaurants. Especially Pacifica with the Ruby Park location.
Thanks, sb
Scott Brasington
Kenichi Restaurants
970.379.0148
2/24/2010
Page 1 of 1
~•7
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:48 AM
To: Kathryn Koch
Subject: FW: Temporary Food Cart Applications Feedback Mustang
From: ccagreg@aol.com [mailto:ccagreg@aol.com]
Sent: Thursday, February 18, 2010 4:41 PM
To: Erik Klanderud
Subject: Re: Temporary Food Cart Applications
I really don't like the idea and think it's unfair to the rent paying tenants trying to make a living. After talking with other
restaurants that seems to be the consensus.
Hope that helps, Greg
The Mustang
Erik Klanderud ~ Director Membership and Guest Services ~ Aspen Chamber Resort Association ~ 425 Rio Grande Place, Aspen, CO
81611 ~ tel. 970.920.7149 fax 970.920.1173 ~www aspenchamber orq
`~ Please consider the environment before printing this e-mail
2/24/2010
Page 1 of 1
q.8
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:48 AM
To: Kathryn Koch
Subject: FW: food carts Feedback
From: Bryan Nelson [mailto:bryanpacifica@yahoo.com]
Sent: Friday, February 19, 2010 4:48 PM
To: Erik Klanderud
Subject: Fw: food carts
--- On Fri, 2/19/10, Paula Brodin <paulab@sopris.net> wrote:
From: Paula Brodin <paulab@sopris.net>
Subject: food carts
To: bryanpacifica@yahoo.com
Date: Friday, February 19, 2010, 3:55 PM
my name is Paula brodin, i own mountain management of aspen, maintenance and management of commercial property.
we take care of 15 commercial buildings.
i strongly oppose the food cart idea for the commercial core. we have superlative restaurants here, and in this tough
economy, we need to preserve what we have and not have food carts in the commerical core. it does not fit aspen it is
hard enough for people to make it now, and to have a cart with free rent on public property is not an assest to our
community.
Paula brodin
2/24/2010
Page 1 of 1
~,5
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:53 AM
To: Kathryn Koch
Subject: FW: Temporary Food Carts Feedback
From: Debbie Roberts [mailto:queen@theaspencastle.com]
Sent: Tuesday, February 23, 2010 12:56 PM
To: kathrynk@ci.aspen.co.us
Cc: Erik Klanderud; bryanpacifica@yahoo.com; bigwrap@rof.net
Subject: Temporary Food Carts
Gentlemen:
With regard to the proposed two food carts, while it seems that it might enhance vibrancy, it is really a problem for the
existing restaurants in this Town. As you are well aware, everyone is struggling with the economy. To put something in
place for prime time (the summer months) and allow them to sell food, it takes business from the existing restaurants.
We don't think this is a good idea.
M & W Properties, therefore, does not support this proposal.
Tony Mazza and Frank Woods
Debbie P. Roberts
205 South Mill Sheet
Ste. 301A
Aspen, CO 81611
970.925.8032 -Office
970.925.6995 -Fax
2/24/2010
Page 1 of 1
f}, to
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:48 AM
To: Kathryn Koch
Subject: FW: Food Carts -Koch Park Feedback
From: mandy Horton [mailto:mandybnorton@yahoo.com]
Sent: Saturday, February 20, 2010 2:43 PM
To: bryanpacifica@yahoo.com; Erik Klanderud
Subject: Food Carts -Koch Park
Dear Erik and Bryan,
I leave in a building directly across from Koch Park and would like to give you my feedback on the topic of a
food cart being implemented at that park.
I am 100% AGAINST the idea of any kind of food cart in this park for the following reasons:
1. It causes noise in a quiet residential area, which is why we bought a home across from a peaceful park
2. It creates debris and trash around the park and residential area
3. It will take business away from the restaurants that have been suffering the in the last two years from the
recession, which is the last thing we want to do
Please let me know any questions.
Best,
Mandy Norton
2/24/2010
q ~ 1 Page 1 of 2
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:50 AM
To: Kathryn Koch
Subject: FW: Food Carts at Koch Park Feedback
From: Bryan Nelson [mailto:bryanpacifica@yahoo.com]
Sent: Monday, February 22, 2010 12:29 PM
To: Erik Klanderud
Subject: Fw: Food Carts at Koch Park
--- On Mon, 2/22/10, Frank Cohen <fcinvest(a)}nsn.com> wrote
From: Frank Cohen <fcinvest@msn.com>
Subject: Food Carts at Koch Park
To: eklanderud@aspenchamber.org, bryanpacifica@yahoo.com
Cc: "joanne" <joanne@sternhale.com>
Date: Monday, February 22, 2010, 8:52 AM
Dear Bryan and Erik,
I agree 100% with Joanne.
Frank Cohen
104 West Cooper Avenue #2
From: Joanne Stern <joamie%u~sternhale.com>
Date: Sun, Feb 21, 2010 at 12:46 PM
Subject: food carts
To: eklauderudt'asnenchamber.ora, brvanoacifica~~vahoo com
Dear Bryan and Erik,
We are very opposed to having a food cart in Koch Park across the street from Aspen West Condos. We think it
is very inappropriate for the following reasons:
2/24/2010
Page 2 of 2
I. Our restaurants already pay outrageously high rents to be able to operate food and beverage businesses in our
city. They have struggled through two years of recession to stay in business and provide our locals and guests
with outstanding restaurant options. In addition, they donate to local charities and provide food for local
festivals and civic events. It is unfair and inappropriate to compete with them for food dollars with people who
provide no significant employment, don't belong to or support the chamber, have no significant overhead and
hire no one to lean and maintain their premises.
2. Residents in our building and neighborhood have paid the price to live in a quiet and serene residential area.
It was an intentional decision and a unique benefit to live across the street from a beautiful, residential park. We
did not- and would not-buy into an area with a food court facing us. This type of venture belongs in a
different cultural environment-not in Aspen, Colorado. Just as you would not want a food cart in front of your
home, we don't either.
3. We already have appropriately zoned areas for commercial food service. We also have residential zoning
which has long been held inappropriate for commercial use. Please don't mix the two.
4. The additional noise and commotion is unfair to the residents, and the additional trash and food smells can
cause an increased bear nuisance-especially as they already come directly down from the mountain into the
park for their nightly cruises.
Thank you for letting us give you our very strong opinions about this idea. If you have questions we would be
eager to talk with you in person.
Best Regards,
Joanne Stern and Terry Hale
Residents at Aspen West Condos
104 W Cooper #3
2/24/2010
Page 1 of 1
~. ~a
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:49 AM
To: Kathryn Koch
Subject: FW: food cart app Feedback RFTA
From: Rick Holtr [mailto:rholtr@rfta.com]
Sent: Sunday, February 21, 2010 3:53 PM
To: bryanpacifica@yahoo.com
Cc: Erik Klanderud
Subject: food cart app
Gentlemen,
My name is Eric Holtr. I am a supervisor at RFTA. This winter I am the night road supervisor on Saturdays, which
means I spend a good deal of my shift at Rubey Park. If either of you would like to come to Rubey between 10:OOp.m. and
2:OOa.m. to see what goes on, I would appreciate it. Late nights at Rubey Park consist of intoxicated individuals behaving
belligerently and often sick and vomiting around Rubey and on the buses. The vending machines cause a lot of trash
around Rubey and on the buses and vomiting by drunk passengers is a big problem. If a food cart was in place at Rubey,
I would strongly suggest, it doesn't operate past 8:00 p.m.
Thank You, Eric Holtz, RFTA Supervisor
2/24/2010
Page 1 of 1
~, tj
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:51 AM
To: Kathryn Koch
Subject: FW: Temporary Food Cart Applications Feedback Grateful Deli
Attachments: untitled-[2]
From: Grateful Deli [mailto:gratefuldeli@gmail.com]
Sent: Tuesday, February 23, 2010 8:33 AM
To: Erik Klanderud
Subject: Temporary Food Cart Applications
Erik:
We are the owners of Grateful Deli located at 233 East Main Street. We have concern about the city allowing temporary
food carts for a variety of reasons.
As you know, the cost of rent in Aspen is considerable and allowing a competitor to operate without paying rent would be
unfair. There are also other costs besides rent that are incurred by local restaurant owners -trash removal, recycling,
utilities, maintaining sidewalks, etc. All these costs factor into what we can charge for our product. How can we
compete with a food cart that doesn't incur these costs?
How would the food carts be monitored by the health department? There will be issues to consider such as hand washing,
insects, trash removal, recycling, bear-proofing, etc. Restaurants are required to have a grease trap. Where will these
food carts wash their dishes?
Obviously these food carts will directly compete with our business. We have put in a lot of hours and continue to work
very hard to stay competitive by giving locals and tourists an inexpensive place to eat. [t's no surprise that every
restaurant in town will disapprove of these food carts -especially the locally owned businesses without deep pockets. We
encourage vitality in town but wonder if there are better ways to go about it.
I was forwarded your email by another locally owned restaurant. Grateful Deli is a member of ACRA and we would
appreciate it if you could add our email address to your database.
1 would also appreciate it if you could confirm that you received this email.
Please feel free to contact us if you have any questions or would like additional information. We look forward to
remaining a vital business in the beautiful city of Aspen!
Sincerely,
Joe Freeman and Krista Eddy
Owners
Grateful Deli
233 E. Main Street
Aspen, CO 81611
970-925-6647 (phone)
970-925-1046 (fax)
Check out our full menu on Facebook or at www.eataspen.com
2/24/2010
Page 1 of 1
A-l~f'
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:54 AM
To: Kathryn Koch
Subject: FW: Food Cart Application Support
From: Bryan Nelson [mailto:bryanpacifica@yahoo.com]
Sent: Tuesday, February 23, 2010 3:05 PM
To: Erik Klanderud
Subject: Fw: Food Cart Application
--- On Tue, 2/23/10, bootleg barritos <boot[egburritos@gmail.com> wrote
From: bootleg burritos <bootlegbutritos@gmaiLcom>
Subject: Food Cart Application
To: bryanpacifica@yahoo.com
Date: Tuesday, February 23, 2010, 7:18 AM
Hi Bryan,
Gretta from European Caterers forwarded me the email that you sent to the members of the ACRA board. 1 recently
founded a small food service company, Bootleg Burritos, and have been trying to open a food cart in Aspen since this
past summer. Myself and my business partner have been attempting to do so through the sponsorship of local businesses
and landlords as per the stipulations of the Land Use Department. Thus far, complications have prevented us from
fulfilling the requirements of that particular application. However, we are very interested in applying as a potential food
cart vendor for the CCLC's community revitalization project.
We are a small startup, founded by two young women who are experienced and passionate about food. "Bootleg
Burritos" are in fact gourmet wraps inspired by street food from around the world, wrapped in delicious, locally-produced
flour tortillas. We are fully insured and have been operating as a (very small) business at the Willits Town Center
Farmers' Market throughout the winter season as we continue to pursue our permits. We already have a cart and rent
kitchen space at Conundrum Catering, and are therefore entirely ready to serve the under-served niche market of late
night pedestrian traffic in Aspen.
Please let me know what we can do to voice our interest and enter our company in the consideration of Aspen's street
vendors. I plan to meet with Drew Alexander today to discuss this as well.
Thank you!
Jennie Levitt
bootleg burritos
jennie levitt+ jenna harris
602.499.0606 / 513.368.6044
bootlegburritos(c~gmai Lcom
2/24/2010
Page 1 of 1
P,. i s
Kathryn Koch
From: Erik Klanderud [eklanderud@aspenchamber.org]
Sent: Wednesday, February 24, 2010 10:50 AM
To: Kathryn Koch
Subject: FW: carts on the mall Feedback Zocalito
From: Mike Beary [mailto:beary@zocalito.com]
Sent: Monday, February 22, 2010 1127 AM
To: Erik Klanderud
Subject: carts on the mall
Erik,
I own Zocalito on the Hyman mall and pay a very expensive rent. I think if your" primary objective is to increase vitality
and pedestrian traffic" why don't you consider entertainment and not vendors that aren't paying rent and are direct
competition forme. If you did some research, I think you would find, as in the city center square in Oaxaca city that
people are attracted to events and entertainment not vendors. Vendors should be considered a guest convenience and
the malls are filled with vendors paying rent. I think the city should step to the plate and start paying for entertainment
on the malls like other cities.
Best
Michael Beary
2/24/2010