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HomeMy WebLinkAboutcclc.ag.020415 COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITIES MEETING ROOM February 4, 2015 8:30 A.M. 8:30 I. Roll call and approval of minutes —January 21,2015 minutes. II. Public Comments not on the agenda (please limit your comments to 3 minutes) III. Construction Mitigation — Trish Aragon 9:00 IV. Outside dining encroachment agreement 10:00 V. Adjourn ,i 1�' CONSTRUCTION MITIGATION The City is in the process of revising its construction mitigation rules. As part of the process the City would like input from the business community on the following: • Construction hours (off season vs on season) • Impact vs duration (Ig impact=short duration) • Visual impacts of projects • Further reduce noise impacts • Size and duration of the use of parking and sidewalk areas • Ideas on how to reduce impacts on adjacent businesses/properties RESTAURANT ENCROACHMENT AND OR CITY PROPERTY LEASE AGREEMENT THIS LEASE AGREEMENT made , 2015, at Aspen, Pitkin County Colorado, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation, as Lessor (hereinafter "City"), and Lessee (hereinafter "Lessee") Corporate name Liquor License number Address of business DBA Phone number WITNESSETH: WHEREAS, the City Council of the City of Aspen is desirous of leasing portions of said city property to abutting land owners and/or lessees who wish to use such areas for restaurant and/or liquor sales; and WHEREAS, the Commercial Core and Lodging Commission is supportive of promoting the use of city property. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, it is agreed as follows: I, 1. The City does hereby lease to Lessee approximately square feet of city property, being that portion of the city property abutting the business structure or otherwise designated herein and lot area owned and/or managed by Lessee. Encroachments are not to be considered-to be part of such building and/or lot. The term of this lease shall be for the period of time beginning on May 17, 2015 and terminating on October 11, 2015. Rent shall be calculated at $4.02 per square foot per month. As rent for such area and term, Lessee hereby agrees to pay City the total sum which sum shall be payable in advance on or before July 1, 2015 at the offices of the City Clerk, Aspen City Hall, 130 S. Galena Street, Aspen, Colorado 81611. If the rent payment is not paid in full when due, a penalty in the amount of ten percent (10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue.at the rate of two percent (2%) per month. 2. Lessee agrees to use such area for the sole purpose of selling and dispensing food or beverages to the public. Such area shall be open to the public by 11:00 a.m. Seating shall be stopped by 9:30 and the outside seating shall close at 10:30 p.m. . Food shall be available in the leased area. Lessee further agrees to use the premises for no purpose prohibited by the laws of the United States, the State of Colorado, or ordinances of the City 1 of Aspen. Further, lessee agrees to comply with all reasonable recommendations by the City of Aspen relating to the use of the leased premises. 3. Lessee shall remove any fences, furniture, planters on the leased premises promptly upon expiration of this lease. Failure to remove them within ten (10) days of said expiration shall result in ownership therein transferring to the City of Aspen. 4. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any disorderly conduct or nuisance whatever about said premises which would annoy or damage, either proximate or remote, occurring through or caused by any alteration to said leased premises, or by any injury of accident occurring thereon. Further, Lessee does, by execution of this agreement, indemnify and agree to save harmless the City of Aspen its employees, elected and appointed officials, against any and all claims for damages or personal injuries arising from the use of the premises as herein above described. Further, Lessee agrees to furnish City with certificate(s) of insurance naming the City of Aspen as an additional insured as proof that it has secured and paid for a policy of public liability, insurance covering all public risks related to'the leasing, use, occupancy, maintenance, and operation of location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. The amount of this insurance,without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101, et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. 5. No portion of the Lessee's fixtures shall extend beyond the boundaries of the City-leased premises; this shall be construed to include planters, host podiums, umbrellas while closed or open, any type of lighting fixtures, and any other fixtures. of the Lessee. Flower pots are to be attached to the inside of the fence. Umbrellas with signage other than business name are permitted. 6. The rules of mall lease are: o Horizontal clear area for pedestrian travel is a minimum of 6% this clear area will be marked by the engineering department and must be adhered to; o Amplified music must comply with the city code. 7a.m to 11 pm 65 decibles. o No structures, as defined in the City of Aspen Municipal Code, Section "26.104.100 are permitted. Structure definition: Anything constructed, installed or erected which requires location on the ground or is attached/supported by something on the ground, inclusive of buildings, 2 signs, roads, walkways, berms, fences and/or walls greater than six feet (6) in height". o One menu board is permitted and must either be mounted to the outside of the fence or the outside of the building. Allowable size for each menu board is four square feet; o Blinking lights are not permitted; exterior lighting must be approved by the community development department; o Portable wait stations, defined as areas for the storage of service items, i.e. silverware and water pitchers, are permitted within leased premises; o Wait stations must be taken in at night for wildlife.protection; o No food or ice to.be dispensed from wait station; o Trash receptacles are to be taken in at night; o NO dumping of drinks; o Do not use grass areas as ingress and egress for your leased space o During inclement weather tents with no sides are permitted but must be taken down at night. o Patio heaters to be approved by the Fire Department. 7: Lessee agrees to permit agents of the City to enter upon the premises at any time to inspect and make any necessary repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City may deem necessary or proper for the safety, improvement, maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major structural changes to city property which may affect any structures placed within the city property by the Lessee that the Lessee, by execution of this agreement, hereby waives any and all right make any claim for damages to the improvements (or to its leasehold interest) and agrees to remove any structures necessary during such construction periods. City agrees to rebate all rents in the event it undertakes major structural changes to city property during the lease period. 8. The City of Aspen by this demise hereby conveys no rights or interest in the public way except the right to the uses on such terms and conditions as are above described, and retains all title thereto. 9. Lessee agrees not to sublet any portion of the leased remises, not to assign the lease. 10. Lessee hereby affirms that Lessee is the owner and/or lessee of the abutting property and agrees that on sale or other transfer of such ownership interest, Lessee will so notify the City of the transfer in interest, and all right and interest under this lease shall terminate. 3 11. Lessee agrees to surrender and deliver up the possession of the leased premises .promptly upon the,expiration_of this lease, or upon five (5) days' written notice in the case of the termination of this lease by City by reason of a breach in any provisions hereof. 12. If legal action is taken by either party hereto to enforce any of the provisions of this lease, the prevailing party in any legal action shall be entitled to recover from the other party all of its cost, including reasonable attorney's fees. 13. It is further agreed that no assent, expressed or implied,to any breach of any one or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any other breach. 14. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the leased premises and its use. In performing under the lease,Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public because of race, color,creed,religion, ancestry,national origin, sex, age,marital status, physical handicap, status or sexual orientation, family responsibility or political affiliation, or otherwise commit an unfair employment practice. 15. Lessee and City agree that all correspondence concerning the Lease shall be in writing, and either hand delivered or mailed by first class certified mail to the following parties: City of Aspen CITY OF ASPEN, COLORADO 130 South Galena Street Aspen, Colorado 81611 By City Manager, Steve Barwick Lessee EXAMPLE: The mall lease fee for 2015 is $4.02 a square foot Calculation: $4.02 x 855 sq.ft. _ $3,437.10. x 12 = $41,245.20 ./. 365 = $113. a day x 122 days = 4 City of Aspen Guidelines for Restaurant Encroachments The following guidelines have been established by the City of Aspen Engineering Department to ensure that citizens and visitors to*Aspen are provided safe, clear, and accessible routes around outdoor dining areas. These guidelines shall be met by all restaurateurs and illustrated within the Right-of-Way Encroachment permit application. The illustration may come in the form of photographs, artist renderings, or any other clear means of documentation. All conditions will be verified by the City of Aspen Engineering Department. All renderings, plans, applications, and pertinent information must be submitted on or prior to scheduled liquor board hearings which pertain to the subject establishment. Within the Commercial Core all outdoor dining areas shall demonstrate that: The horizontal clear area for pedestrian travel is a minimum of six feet (6') in width. This measurement is to be taken from the edge of the encroachment to the edge of the walking surface. The walking surface must be solely within the City Right of Way and shall not include landscape areas, metal tree grates, or other areas that are accessory to the sidewalk area. The vertical clear area for pedestrian travel is a minimum of seven feet (7') in height. This measurement will be taken from the natural grade (sidewalk)to the base of the lowest feature that penetrates the City of Aspen Right of Way. This shall include awnings, flower baskets, or other signage that may penetrate the Right of Way. If alcohol is intended to be served within the outdoor dining area the applicant must clearly state this intent and shall define the area which will be used to serve patrons alcohol on City property. Six feet clear space m m _ d N 'C 01 <D Outside dining Infraction Complaint Date of infraction: Type of infraction: Complaining party signature. NOTICE TO VENDOR OF COMPLAINT OUTSIDE DINING LEASE Date of Complaint: Date of Alleged Infraction: Description of Alleged Infraction: PLEASE TAKE NOTICE THAT you are required to attend a hearing before the CCLC on the alleged infraction that is described above on the day of 1201. IF YOU DO NOT ATTEND THE HEARING,YOUR RIGHT TO CONTINUE AS A MALL LEASE HOLDER MAY BE TERMINATED PURSUANT TO THE TERMS OF YOUR AGREEMENT WITH THE CITY. If a written complaint was provided to the CCLC,a copy is attached. Please signify your receipt of the notice and acknowledgement of the date of hearing by signing below. City Clerk's office By: Name: Title: Vendor Acknowledgement: Vendor Date 2 Aspen Fire Protection.District Department of Fire Prevention 420 E Hopkins Ave.,Aspen,CO 81611 C7 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). NOTE: The 2009 IFC has been adopted respectively by each the CifAspen and Pitkin County: • City of Aspen: December 2011 amendment to Title I llouthe ­i "Municipal Code. • Pitkin County: February 2012, amending Title 11, of4.the'Pitkm County Buildings and Construction Code. PORTABLE HEATING EQUIPMENT. Portable heating.equipment(i.e., portableheaters) may be generally defined as portable, purpose-built equipment designed to 3 fely warm the air in an en se area or open area in proximity to the heater. This document specifically addresses'Portable y utdoor Gas-fre�dylIeating Appliances (i.e., Patio Heaters) � ; PORTABLE OUTDOOR GAS-FIRED HEA�T­ERS�(Patio Heaters) Section 603.4 of the International Fire Code specj ica lly�regulates po�i`t ble outdoor gas-fired heating appliances, commonly known as patio heaters. These portable�heatingTappliances arextypically configured as a free-standing pole, fashioned with a heater andxreflector dome/shield at the topwith a bro �base arranged for the storage of a ON; i, % ec 20-pound propane(LPG)cylinder/,H<Am /g other designs e pa�o"heaatteerrs of a"pyramid shape with a square or was triangular shaped base. These3appliancesemay also be d`6sigried'to appe4 and function as portable outdoor WIN fireplaces or tall patio tables���� X10 Appliance Location<Restrictions"In�accord1 11ance�w,ith Section�603.4.2.1 of the Fire Prevention Code, portable outdoor gas fir"ed1heatinglapphances shalllbe locatedffi��;accordance with the following regulations: Per • Clearance to CombustibleI.Materials Portable outdoor gas-fired heating appliances shall not be located beneA r.closer than 5 feefilto combustible decorations combustible overhangs, awnings, sunshades or similar combustible materials�� This includes trees and other vegetation. o IFC Section'1308""" further addresses Open Flames: ■ Section 3081,.S Locationnear combustibles: Open flames such as from candles, /19 lanterns, kerosene he%aters%� and gas-fired heaters shall not be located on or near . decorative materia molar 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 2.1 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. A%% Installation and Operational Requirements.In accordance with Se03.4.2.2 of the International Fire Code, portable outdoor gas-fired heating appliances shall be installed and ope aced in accordance with the following regulations: jj 1 • tconrthat is integral tothe appliance piOl. Only sdand dport Ushall shall' gas' heating appliances utilizing a fuel gas • Installation&Maintenance.Portable outdoor as fired heating appliances sli llibe installed and maintained in accordance with the manufacturer's instructionOs, 1A • Tip-over Switch Required. Portable,outdoor gas-fired heatngiappliances shall be equipped with a tilt or tip- A y ° over switch that automatically shuts off, 6flow of gas if tl e appliance is tilted more than 15 degrees from Oi x the vertical. !p V 11 • Guard Against Contact Required. The heating elefnentor combustion chamber of portable outdoor gas- fired heating appliances shallbe permanently/guarded to prevent accidental contact by persons or material. //�� /�O� t/ %tea,%!/�r ✓oma PON / � � . 1 i W ° v Fuel Gas Containers. In accordance withlSection 603`4'�2��3of the Fire Prevention Code, fuel gas containers for portable outdoor gas-fired heating,appliancONhall comply with the following: On/e n. r • A roved ontamers Onl approve"�OTn or ASME gas containers shall be used. • Cont4iner/Replacemenf4Restriction Replacement of fuel as containers in portable outdoor as-fired • ��ilii/� l�o� %�,. g p g heatmg,appliances shalllknot.be conducted while theFpublic is present. iii,. chi, //" h ;s • Container;.Capacity Limitafiori The maximum individual capacity of gas containers used in connection with portable� utdoor gas-fired/heating appliances shall not exceed 20 pounds. • Prohibited Stora geof Containers:�Gas containers shall not be stored inside of buildings, or in any location near exit access do'orslp9exits stairways, or areas normally used, or intended to be used, as a means of egress. Containers not/connectedsfor use shall not be stored on roofs. ON • 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. • Outside Storage/Use Permit. Where more than 200 cubic feet NTP of liquefied petroleum gas (LPG) is stored and/or used outside, a Fire Prevention Code Permit(FPCP) is required. Reference: IFC Table 105.6.8. Note: A quantity of 200113 of propane would be equivalent to 23.5 pounds. Note: May require changing temporary heat permit to include patio heaters. And permit required to be posted.