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HomeMy WebLinkAboutcoa.cclc.ag.071614 COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITIES MEETING ROOM July 16, 2014 8:30 A.M. 8:30 I. Roll call and approval of minutes —July 29 2014 minutes. II. Public Comments not on the agenda (please limit your comments to 3 minutes) III. Hyman mall — regulations for 2105 IV. Adjourn As of 7/2/14 Hyman Ave Mall (Center) • Total Useable Space: 180 Feet (2340 Sq Ft) • Maximum #of Business: 4 • Maximum Space per Business: 45 Feet (585 SgFt) or less depending on public access thru center Business Space Guidelines Density of Seating: • TBD - comments reflected Max Capacity of 35-40 Guests Electric • Electric is allowed • Business must work with Parks to have cleanly and neatly installed • Must not interfere with pedestrian access to mall • Done at the cost of business and pulls of their own power supply Lighting • Lighting is allowed • Energy efficient/LED lighting • Need to come up with efficiency and light pollution standards • Must be approved by engineering or CCLC is given standards to approve by Heaters • Heaters are allowed • Must be approved by Fire Department and meet code or CCLC is given standards to approve by Tables/Chairs/Infrastructure • Board needs to define "standardization" of these items o What is height, width, size, material, color, etc. • Chairs should be stackable • Umbrellas must meet code. There was talk about an awning or shade that the City would install over entire space. (Recommended) • Should be weatherproof How are Hyman Center Spaces awarded? • Lottery • CCLC Picks • Bidding for Space- highest bids win Lottery • Weighted lottery • Is the business street level, underground, 2nd floor,etc. • Does the business have access to outdoor dining at current location? • Does the business have seated food service already? • Dates of operation (more weight to those who will be open full time) • Multi Year Lease • In order to get investment from businesses they will need to have security in multi years. • Board recommends 3 years • Up-front investment to be part of lottery o Board recommends deposit of 25%-50% of lease. Due Jan 15th with complete plan of space (including table/chairs layout, lighting and heaters for approval) Questions for Board to Answer: • What is the GOAL of the Mall? • Dates mall is open • Specs of infrastructure • Procedure for someone backing out • Procedure for violating terms • Procedure for holding mid season lottery? • How do we make this consistent across all mall leases? • Lottery weights • Music Entity's who need to approve applications: (CCLC can be given guidelines by following entities to make approval on their behalf) • Parks • Fire Dept • Engineering • Code Enforcement • Comm Dev? wreo' Aspen Fire Protection District , Department of Fire Prevention 420 E Hopkins Ave.,Aspen,CO 81611 970-925-5532 PATIO HEATERS OVERVIEW The intent of this document is to provide information to help prevent unwanted fires resulting from the unlawful or unsafe operation and/or storage of portable heating equipment. In addition to specifying the regulations prohibiting the operation and storage of portable heaters, fire safety and precautionary information related to the operation of these devices is provided. Applicable fire codes are from the 2009 International Fire Code(IFC). This document will be updated as needed to remain current with any applicable local and/or municipal codes. NOTE: The 2009 IFC has been adopted by each the City of Aspen and Pitkin County: • City of Aspen: December 2011,amendment to Title 11 of the City Municipal Code. • Pitkin County: February 2012, amending Title 11,of the Pitkin County Buildings and Construction Code. PORTABLE HEATING EQUIPMENT.Portable heating equipment(i.e., portable heaters)may be generally defined as portable,purpose-built equipment designed to safely warm the air in an enclosed area or open area in proximity to the heater. This document specifically addresses Portable Outdoor Gas-fired Heating Appliances(i.e., Patio Heaters) PORTABLE OUTDOOR GAS-FIRED HEATERS(Patio Heaters) Section 603.4 of the International Fire Code specifically regulates portable outdoor gas-fired heating appliances, commonly known as patio heaters. These portable heating appliances are typically configured as a free-standing pole, fashioned with a heater and reflector dome/shield at the top, with a broad base arranged for the storage of a 20-pound propane(LPG)cylinder. Among other designs are patio heaters of a pyramid shape with a square or triangular shaped base. These appliances may also be designed to appear and function as portable outdoor fireplaces or tall patio tables. Appliance Location Restrictions. In accordance with Section 603.4.2.1 of the Fire Prevention Code, portable outdoor gas-fired heating appliances shall be located in accordance with the following regulations: • Clearance to Combustible Materials. Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than 5 feet to combustible decorations, combustible overhangs, awnings, sunshades or similar combustible materials. This includes trees and other vegetation. o IFC Section 308 further addresses Open Flames: • Section 308.1.5 Location near combustibles: Open flames such as from candles, lanterns, kerosene heaters and gas-fired heaters shall not be located on or near decorative material or similar combustible materials. • Section 308.1.6 Open flame devices. Torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon wildfire risk areas, except by a permit in accordance with Section 105.6 secured from the fire code official. • Clearance to Buildings.Portable outdoor gas-fired heating appliances shall be located at least 5 feet from buildings. • Prohibited Storage or Use. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations: 1. Inside of any occupancy when connected to the fuel gas container 2. Inside of tents,canopies and membrane structures 3. On exterior balconies Proximity to Exits.Portable outdoor gas-fired heating appliances shall not be located within 5 feet of exits or exit discharges. Exit Discharge is defined as that area located between the exit and a public way. A public way is the final destination for occupants, and is presumed to be safe from the emergency occurring in the structure, or that it will directly connect to other routes so that occupants can move a distance away from the danger. City of Aspen Requirements: The City of Aspen Mall Lease agreement requires a 6' minimum clear area for pedestrian travel. This area is delineated by the City engineering department. Also,no storage is allowed within 2' of the edge of the curb. Neither of these areas shall be encroached upon. Installation and Operational Requirements.In accordance with Section 603.4.2.2 of the International Fire Code, portable outdoor gas-fired heating appliances shall be installed and operated in accordance with the following regulations: • Listing&Approval. Only listed and approved portable outdoor gas-fired heating appliances utilizing a fuel gas container that is integral to the appliance shall be used. • Installation&Maintenance.Portable outdoor gas-fired heating appliances shall be installed and maintained in accordance with the manufacturer's instructions. • Tip-over Switch Required. Portable outdoor gas-fired heating appliances shall be equipped with a tilt or tip- over switch that automatically shuts off the flow of gas if the appliance is-tilted more than 15 degrees from the vertical. • Guard Against Contact Required. The heating element or combustion chamber of portable outdoor gas- fired heating appliances shall be permanently guarded to prevent accidental contact by persons or material. Fuel Gas Containers.In accordance with Section 603.4.2.3 of the Fire Prevention Code, fuel gas containers for portable outdoor gas-fired heating appliances shall comply with the following: • Approved Containers. Only approved DOTn or ASME gas containers shall be used. • Container Replacement Restriction. Replacement of fuel gas containers in portable outdoor gas-fired heating appliances shall not be conducted while the public is present. • Container Capacity Limitation. The maximum individual capacity of gas containers used in connection with portable outdoor gas-fired heating appliances shall not exceed 20 pounds. • Prohibited Storage of Containers. Gas containers shall not be stored inside of buildings, or in any location near exit access doors,exits, stairways, or areas normally used, or intended to be used, as a means of egress. Containers not connected for use shall not be stored on roofs. • Outside Storage of Containers. Gas containers approved for outside storage shall be located in a manner that minimizes exposure to excessive temperature rise,physical damage, and/or tampering,which includes a lockable, ventilated metal cabinet or other approved enclosure. Commercial Core & Lodging Commission Minutes of July 2, 2014 Vice-chair, Riley Tippet called the meeting to order at 8:30 a.m. Commissioners in attendance were: Bill Dinsmoor, Kiki Raj, Don Sheeley, Siam Castillo, Fred Ayarza and Terry Butler. Hana Pevny was absent. Staff. Dan Nelson, Parks Superintendent Linda Manning, City Clerk Dan said he is super busy prepping for the fourth of July. Dan said the irrigation will be fixed for the roundabout and Mayor Skadron is adding wildflowers for more color planted likely this fall for a spring- bloom: Fred said the floor/grass area during food and wine worked well. Dan said some people didn't like it. Dan said the white vented floor will be rotated like a rug for next year because people want it to look better. Vendors/people would love to see green not white, but the grass needs to breathe so a rotation with the white vented floor is necessary. Riley commented on the success of the new rubber padded separation between Hops and Finnbarr's which gives access to all outdoor areas more easily. Linda provided information on Saturday market. She pointed out how Amber is a 2nd floor business. Kiki pointed out how Amber's building has no first floor and how it's on the Parlor level not the second floor and only 5 steps up. Siam agreed that since Amber's building has no first floor, the "Parlor level" should be considered the first floor to be fair. Kathy clarified the rules through Linda: Stores on Hopkins were allowed to have clear space in front of their shop during the market, but if they wanted to be in market, they had to pay in January to sell from the street and would need to have a tent and a nice looking display. Commercial Core & Lodging Commission Minutes of July 2, 2014 Considering these 3 stores are in violation of the market rules as they are selling from the street, Linda said Kathy offered these options to the board for Sugar, Twinkle and Amber's Consignment store. Denial of selling to Amber's as she's not on street level. Ability for everyone to sell if they pay the market fee like everyone else, provided they clean up their display and make things look nice and there is enough room for everyone. Bill pointed out that the stores are not exercising an approved use of the clear space as they have not applied to sell from the street. Kiki pointed out that Amber is splitting many hairs: She was allowed display only, no application to sell; no owner selling; no employee selling and not a nice looking display. Siam said she would like to allow the stores to pay now and sell for the summer if they wish to. Michelle from Twinkle said she wishes to sell from the street and is struggling, she is willing to pay the market fee if needed, but it would be a strain. The board saw photos of the 3 stores "display" areas and Fred felt it looked too "garage sale" for the market. Siam felt Amber's and Twinkle looked ok, but Sugar's messy tee shirt table was unacceptable. Fred said the rules are the rules and anyone who wishes to sell needs to apply and pay in January like everyone else. Siam and Fred wished Kathy was present to comment on the comprehension of the details of the rules of these stores. Siam and Fred mentioned they both walked around with Kathy Saturday and heard about the infractions. Siam said she believes the stores most likely didn't understand the exact details of the limitations of their selling rights and didn't necessarily break the rules intentionally. The board decided to keep things "status quo" meantime and to allow Sugar, Twinkle and Amber to keep things "as is" until we can meet and discuss Commercial Core & Lodging Commission Minutes of July 2, 2014 things directly with Kathy, provided they clean things up and make them look nice, until we can make a firm decision on how to solve this problem. Riley walked the outdoor mall space with Steve Barwick in an effort to improve the arrangement for next year. Riley commented on the effectiveness of the new walkway through to reach the restaurants more directly and the maximum space is 170'. Fred mentioned Escobar had a TV outside and they were told not to and it may have returned. Riley said a new walkway is going through to make the mall function better. Riley said there is 585 square feet for each Restaurant for next year allowing a maximum of four restaurants. Kiki said we should create an overall density maximum of seats for each restaurant. Kiki said Hops operated within the rules. They are a good example of a need to set limits as they super packed their area with chairs and no board members like the look. Riley found that because of the space limit in the Hyman mall, our maximum business allowance for next year would be four restaurants only. Riley and Kiki believe the restaurant general guide referencing maximum occupancy is important to use but the exact number is yet to be determined. Dan said the businesses on the mall are running cords from their own power outlets and have worked with the Parks Dept. to run the cords under brick to supply the power. Dan said this is a quick fix, but unfortunately the big electrical redo on the mall has been tabled by City Council. CCLC agreed the mall leases should continue to allow lighting. Kiki said she wants the lighting to be standardized. Bill and Fred agreed this just makes sense. Bill said we should have a rule of maximum lumens per square foot. Commercial Core & Lodging Commission Minutes of July 2, 2014 Kiki said we shouldn't allow up lighting at all in order to preserve the dark skies. Riley recommended we speak to Engineering to find what the limits are, Kiki thinks we should allow less than is allowed. Dan mentioned there is still an issue with watering the Hops patrons twice a day with the sprinklers and he's getting complaints. Dan said he no longer has to climb over patrons to water because it's July and thankfully spring has passed. The board decided it's ok to have outdoor heaters and Dan pointed out they need to be on a flat brick surface and free of tree branches. We are waiting to hear back from the Fire Dept. regarding approval standards. Bill said there are some basic guidelines we can use regarding tables and chairs. No wood, metal or plastic and they need to be stackable and have rules for table height and size. The CCLC feels the bar size is fine to allow restaurants to decide themselves. The board discussed getting umbrellas standardized also. Perhaps the City should invest in a big sail umbrella. Riley mentioned the mall change ideas regarding standardizing chairs; umbrellas; tables etc. are vast and would be a big project. Riley asked how we should determine which restaurants are allowed on the mall for next year. Kiki recommended a weighted lottery allowing for basement restaurants. The board feels whomever wins the lottery space, should have to use it themselves, they can't sell it or transfer it on and it will not carry over if the business closes. Terry felt the lottery should rotate in fairness to allow for whomever didn't win the year before. Commercial Core & Lodging Commission Minutes of July 2, 2014 Riley said this may not work as the lease should be for 3 years if they are to invest in all the furniture. Kiki said another way we can structure is first come first serve. Creating a sign up a year before at midnight for example. Bill asked what would happen if people wanted less space, Kiki and Siam felt no one would want less than allowed. MOTION: Don moved to adjourn, second by Fred. All in favor, motion carried. Meeting adjourned at 10:00 a.m. "25