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HomeMy WebLinkAboutcclc.ag.070302 COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITy ROOM - CITY HALL JULY 3, 2002 8:30 am I. Roll call and approval of minutes. II. CommissiOner comments 8:35 III. Joanne Walpole - leather purse. 8:40 IV. Potential changes to the noise ordinance 9:00 V. Discussion on vending / ordinances 9:15 VI. Event Coordinator 9:45 VII. Saturday Market Signup sheet for Saturdays Break down Rain days Music (shelter) Restaurants - finale - Sept 14th MEMORANDUM TO: Commercial Core and Lodging Commission FROM: Lee Cassin, Environmental Health DATE: June 27, 2002 RE: Input from CCLC on Possible Changes to City Noise Ordinance SUMMARY: The City noise ordinance is in need of revision for two reasons: 1) its requirements are at odds with decisions Councils have made in recent years, and 2) it is very difficult to understand. Staff is planning to have a Council work session but wants to get CCLC's inPut and suggestions first. BACKGROUND: Here are examples of issues that come up with the noise ordinance for which we need CCLC direction. · The main issue is amplified music or speakers at various events, from private weddings to Spring Jam. The City noise ordinance, which has been in effect since 1981. prohibits noise this loud, and its intent was to provide peaceful enjoyment of Aspen. and to avoid the physiological stress of loud noise. Right now we can allow an exemption only at a Special Event like Winterskol or Spring Jam. The current law does not allow variances for: wedding bands at private locations. street bands, o Highlands parties, etc. o Hotel weddings and parties Many neighbors complain about repeated events with loud noise, especially in the many areas where commercial events are close to or next to residences. Do we allow a higher number of very loud events than four/year? What about 8/year in a given area? That is how many community concerts are held at Snowmass Village (although neighbors complain). Staff believes any increased number of loud events should not be tied to "Special Event" permits, but should be for any event. However. the intent of the law should be to provide some limits on noise for whoever hears the noise, not for each possible source of noise. So whatever reasonable number of loud evems is decided on would be in a given area. The real problem occurs in the many places where several private properties are within earshot of many people. Each private property should not have 8/year, because that could mean 365 days/year that many residents would have to put up with. An example is the "base of Aspen Mountain" area: the Tippler. Little Nell. Sky Hotel, Alps, etc. are all very close. The area should have an agreed-on amount of noise - not each possible unit. An area 6ould be "base of Aspen Mountain", a park, etc. Loud music is more accepted if it is not late, so such variances could go until, say, 8:30 pm. Hours could be extended if neighbors approve. Should sporting events be exempt (running races, ski races, etc.)? What if they are in the same area as those heavily impacted by the other noise events? Construction noise is limited to 7 am to 7 pm Mort. through Sat. in residential areas. In other areas, construction can happen 7 am to 10 pm 7 days a week. In these areas, nearby residents object. Should construction in all areas be limited to M-S 7 am to 7 pm? · Leaf blowers are a source of repeated complaints and they definitely violate the noise ordinance. Staff recommends that these continue to be prohibited. An important consideration for staff is to make the ordinance as clear and simple as possible to residents will understand exactly what is and is not allowed. officer or other city official of a crime Or other incident within their official concern, when he knows that the crime or incident did not occur. (b) Make a report or intentionally cause the transmission of a report to any law enforcement officer or other city official pretending to furnish information relating to an offense or other incident within their official concern when he knows that he has no such information or knows that the information is false. (Ord. No. 46-1974, § 1: Code i97i} § 13-53) 15.04.320 Using false identification prohibited. It shall be unlawful for any person to offer, use or attempt to offer or use any means, manner, type or kind of paper, document, card, license, or any other evidence of the identification of such person for the purpose of making sales, or purchase of commodities, cashing checks, making other monetary transactions, to gain admission to any place, or for any other purpose whatsoever where such means, manner, type or kind of identification offered or used, or which is attempted to be offered or used, is false, fraudulent, or incorrect in any manner or way, or which misrepresents said person so offering or using the same, or who attempts to offer or use the same, or which does not belong to such person, or which is altered, forged, defaced or changed in any respect, except such changes as are required or authorized by law. (Ord. No. 46- 1974, § 1: Code 1971, § 13-55) 15.04.330 Occupying or sleeping in certain places and in vehicles prohibited. (a) It shall be unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop or other building or structure without owning the same or without peninssion of the owner or person entitled to the possession of the same, or sleep in any vacant lot or any public place whatsoever during the hours of darkness. (b) It is unlawful for any person to occupy any vehicle upon any city street, alley, way or other public area if the purpose for such occupation is the use of the vehicle as a permanent or temporary residence. (Ord. No. 46-1974, § i: Code 19711 § 13257) 15.04.340 Peddlers and solicitors prohibited from going onto private residences; exception. (a) It shall be unlawful for solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise to go in or upon private residences in the city, not having been requested or invited so to do by the o~vner or occupant of such private residences, for the pUrPose of soliciting orders for the sale of goods, wares, and merchandise, or for the purpose of disposing of or peddling or hawking the same, subject to the exceptions stated in subsection Co). Such action is deemed an offense and is punishable as a violation of this code. (b) Subsection (a) above shall not be applicable to persons representing charitable, recreational, or civic enterprises. (Ord. No. 46-1974, § I: Code 197i, § 13-59) 15.04.350 Vending on public parks and rights-of-way prohibited. (a) Vending Agreements. 1. No person shall use or occupy any street, alley, mall, golf course, park or parkway (whether in or on a vehicle, structure, building or otherwise) for th~ storage, display, or sale of goods or services, wares, or merchandise, to solicit the sale ora service, or to place or permit portable display signs on any street, alley, mall, golf course, park or parkway within the City of Aspen; provided, however, that the prohibition of this section shall not apply to any person who has entered into a vending agreement with the city to provide any such vending services and paid a processing fee equal to the special event fee for minor events set forth at section 14.20.070 of this code. The City Manager or her designee shall be authorized to execute and approve said vending agreements on behalf of the city after considering: (A) The public need for such services; (B) The availability of existing services; (C) The availability of non-public property upon which to conduct the requested activity; (D) The costs of policing and administering the proposed vending service; (E) The revenues which can be reasonably expected to accrue to the city by virtue of the vending services proposed; and, (F) Whether the vendor applying for such vending agreement will best serve the public interest. (2) Any applicant aggrieved of a decision by the City Manager concerning the denial or terms of a vending agreement may seek an appeal of same to the City Council. Ail appeals must be submitted in writing to the City Manager within ten (10) days of the decision appealed from and set forth the grounds for the appeal. The City Manager shall promptly add the appeal to the next reasonably available regular City Council meeting agenda. City Council shall conduct a hearing on the appeal at which time the applicant shall be heard and a decision rendered. Such decision need not be reduced to writing. (b) Vending Agreements for Farmers' Markets. Farmers' markets are permitted in any downtown street in the Commercial Core (CC), Commercial (C-I), Neighborhood Commercial (NC), or Service/Commercial/Industrial (S/C/I) Zone districts provided a Vending Agreement is approved by the City Council. Streets that form the border between the Commercial Core (cc) and Office (O) zone districts, or the Commercial (C-I) and Office (O) zone districts, such as South Monarch and South Spring, respectively, shall be eligible for consideration. Streets alongside any area zoned Public (PUB) or Park (P) but within the traditional downtown, such as South Monarch between Durant and Hyman, shall also be eligible for consideration. (1) Minimum Requirements. The Community Development Director shall promulgate rules and regulations for the establislunent and operation of farmers' markets. The City Council shall incorporate such rules and regulations which it deems appropriate in vending agreements. (2) Procedure. Pursuant to section 26.52.020, the applicant shall conduct a pre-application conference with staff of the Community Development Department. As a result of the conference, the planner shall prepare a pre-application summary providing the appropriate application packet including the submission requirements and any other pertinent land use material, enumerate the fees associated with the review(s), and explain the review process in general. After the pre-application conference summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the City Council, respectively. In order to proceed with additional reviews or obtain a development order, the City Council shall, at a public hearing, find the submitted land use application consistent with the provisions, requirements and standards of this section. Notice of the public hearing shall be in accordance with the requirements of section 26.52.060(E)(3)(a), as well as any other form(s) of notice required by the Community Development Director. City Council may approve; approve with conditions, or deny any application for a farmers' market by resolution. An ordinance is not required, and the signed resolution shall serve as the vending agreement. (3) Application. An application for approval of new or modified farmers' markets shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.52, Common Development Review Procedures, and Chapter 26.60, Conditional Uses, of the Aspen Municipal Code. Also, farmers' market vending agreement applications shall contain any other additional information identified in the pre-application conference summary. (4) Applicant. Applications for or from individual vendors will not be accepted. Applications for vending agreements for farmers' markets must be submitted on behalf of an organization encompassing all vendors that would participate in the particular market. The organization will need to select one or two persons to represent the market in dealings with the city. The applicant/organization will be responsible for governance of the market and maintaining compliance with the rules and regulations contained in this section and in any conditions assigned to the approval of a vending agreement, (Ord. No. 46-I974, § 1; Ord. No. 54-1975, § I; Ord. 51-1992, § I; Ord. No. 13-1998, § 3: Code 1971, § 13-61) 15.04.360 Vendors not to obstruct public ways. It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise, to make any unnecessary sound or noise, to obstruct any sidewalk or other place of a public nature, or to disturb or impede other persons. (Ord. No. 46-1974, § 1: Code 1971, § 13-63) TO: FROM: Commercial Core and Lodging Commission RE: Event and Sponsorship Director When it appeared that Aspen might be losing the U,S. Comedy Arts Festival for Winter 2002, ou~ Commission became concerned. We began to explore who or what agencies in Aspen had the charter to "oversee" and care for such events. Our research concluded that Aspen and all of its constituencies (housing, retail, Ski Co. etC.) would be benefited from an Event and Sponsorship Directtor. The mission is to protect our existing events, but also to create additional ones that would shape the future of Aspen (not unlike what the Music Festival has done, as a summer component, since 1949). We believe it is very likely that events create more long term impact than other forms.of marketing. The two attached pages reflect our thoughts on a beginning. The first page includes a potential job description, some skills required, and a salary proposal; The second page gives an example of an event we might wish to explore. EVENT AND SPONSORSHIP DIRECTOR JOB DESCRIPTION Maintaining and Enhancing Events To generate national sponsorships and media exposure for events hosted in Aspen · Understand how to coordinate effort with ACRA, SKICO, Stayaspensnowmass, MAA and other entities · Quantify profitability/success of events · Expand existing events Create Sponsorship Package for Events to Sell Aspen · Create marketing package forAspen · What distinguishes Aspen from other markets New Events · Develop list of possible sponsors · Develop list of potential events · Market Aspen to PR Companies, Ad agencies and Event companies as site for events Create Business Plan · Create funding for position · Quantify profitability/success of position · Explore benefit of hiring special events company SKILLS REQUIRED Communication Computer · Public Speaking Excel · Writing Skill Power Point · Press Relations Word Marketing · Familiarity with Aspen and local market · Sales · Fundraising · Promotion · Market Aspen to PR companies, Ad agencies, etc. SALARY PROPOSAL · Independent consultant/contractor · Part time position, approximately 40 hrs per month for the remainder of 2002. Convert to full-time in 2003 · Salary $30,000 plus bonus for remainder of 2002; Salary of $60,000 plus bonus for 2003 · Provides own office space and office expenses; ACRA support possible · Must report bi-monthlyto CCLC ONE EXAMPLE OF AN EVENT WITH SPONSORSHIP: "Nike Summer Camp"...For Kids of all ages · 9 one week camps running concurrently with Music Festival · Uses all of our great recreational facilities · Multiple sponsorship possibiiities (NHL, PGA, etc.) · Introduces yoUth toAspen · Parents "bring" youth not just "send "youth (double marketing effort)