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HomeMy WebLinkAboutcclc.ag.021903 COMMERCIAL CORE & LODGING COMMISSION SPECIAL MEETING SISTER CITY ROOM L CiTY HALL February 19, 2003 8:30 am I. Roll call and approval of February 5, 2003 minutes. II. Commissioner comments III. City Manager/alfresco dining Banners over Main Street 9:30 IV. Saturday Market V. Review of dumpster ordinance VI. Adjourn CITY OF ASPEN BANNER POLICY AND PROCEDURE 2001 The City of Aspen provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community, events. be it for Arts Organizations or Non-Profits and/or Not-For-Profit Organizations. These six spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November lST for the' following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. The City Manager's Office will facilitate the hanging of banners across Main Street in accordance with Municipal Code 26.510.030 (B)(3), which states, ~'any such temporary sign which extends over or onto a public right-of-way shall be erected and maintained in such a manner as to not interfere with or obstruct access, activity, or vision albng any such public right-of-way, and shall be subject to the written approval of the City Manager." The following criteria and procedures shall apply to ail requests for banner placement over Main Street: L A Main Street Banner Application and Banner Policy and Procedure form must be obtained from the City manager's Office and completed by the party making the request and returned to the City Manager's Office no less than thirty (30) days prior to the date requested to hang the banner. 2. The exact legend of the bauner must be indicated in writing (see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple; i.e., event, date, organization and logo. 3. No commercial advertising will be allowed, except in cases where a sponsoring entity's name is part of the name of the event. In such cases the organization promoting the evem may not construct the banner such that sponsoring entity's commercial rmme is the most overwhelming aspect of the banner. 4. Political advertising on or located in the public right-of-way on public property (even by a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120 IC)(2)(b)(2). 5. Bmmers must consist of the following specifications: a) any type of durable material; b) semi-circa[ar wind holes in banner; c) metal rivets at all comers, and every 24 inches along the top and bottom of the banner; and d) size will be twelve (12) feet in length and three (3) feet in width. e) For a local banner vendor, please contact the Yellow Pages under '~Banners" 6. A fee of $50 per one-sided banner or $100 per double-sided balmer, per week, must accompany the application form and be reviewed in the City Manager's Office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, accordingly. 7. One banner, per event, may be hung for a-maximum of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Banner approvals are not guaranteed and will only be hnng upon availability of the Electhc Department staff. The length of time that a banner is to be hung is not guaranteed, and may be shortened at the discretion of the City. Based on his/her judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same rime period. 8. All banners should be delivered directly to the City Electric Department, which is located in back of the post office at 219 Puppy Smith Road, by noon the previous Friday prior to the Monday hang date. Any banner not delivered by noon the previous Friday is subject to an additional $50 charge. 9. Please pick up the barmer from the Electr/c Department within 30 days after the display week(s). The City of Aspen assumes no responsibility for banners and any banners left more than 30 days may be discarded. If you have any questions regarding this procedure or policy, please call the City Manager's office at (970) 920-5212. Approved by Aspen City Council on July 24, 2000 G:rnisc/bannerpolicy&proc~dure MEMORANDUM TO: MAYOR AND COUNCI/_ THRU: STEVE BARWICK, CITY MANAGER THRU: JOHN WORCESTER, CITY ATTORNEY THRU: COMMERCIAL CORE AND LODGING COMMISSION THRU: LEE CASSIN, DIRECTOR ENVIRONMENTAL HEALTH THRU: ED SADLER, ASSISTANT CITY MANAGER THRU: NICK ADEH, CITY ENGINEER FROM: DAVID HOEFER, ASSISTANT CITY ATTORNEY DATE: FEBRUARY 12, 2003 RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 12.04.020 OF THE ASPEN MUNICIPAL CODE PERTAINING TO THE "DEPOSITING OF GARBAGE, TRASH, AND ASHES," BY REQUIRING THE USE OF TRASH COMPACTORS IN AREAS DESIGNATED AS THE "TRASH COMPACTOR ZONE." SUMMARY: The Commercial Core and Lodging Commission believes that it is in the best interests of the citizens of the City of Aspen to amend Section 12.04.020 by requiring the use of trash compactors in designated downtown areas of Aspen, which shall be known as the "trash compactor zone." The Commercial Core and Lodging Commission finds that the conversion of dumpsrers to compactors in the trash compactor zone will benefit the City in the following ways: - By providing for the free flow of delivery trucks in the alleys, By permitting emergency vehicles to access the alleys in an easier fashion, By reducing or eliminating noise, By eliminating unsightly dumpsters and the unpleasant smells associated with them, By reducing trash pick-up times from seven days a week to once a week, By making the alleys cleaner for pedestrians, and By freeing up truck loading zones for paid parking. CCLC believes that eighteen (18) months would be a reasonable amount of time to allow for the conversion from dumps~ers or animal proof containers ro compac[or8. A map of the proposed "trash compactor zone" is attached for your review. The remainder of the code section would remain unchanged from its present form. A violation of the code provisions would be punishable by a $1000 line and/or imprisonment in jail for up to one year. Each day ora violation would constitute a separate offense. FINANCIAL IMPLICATIONS: There are no financial implications to the City. Owners of premises in the trash compactor zone may have financial costs related to the conversion fi.om dumpsters to compactors. RECOMMENDATION: CCLC recommends adoption of the proposed ordinance. PROPOSED MOTION: "I move to approve Ordinance No... , Series of 2003, amending secnon 12.04.020 of the Aspen Municipal Code, pertaining to the "depositing of garbage, trash, and ashes." CITY MANAGER COMMENTS: ORDINANCE NO. , SERIES OF 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 12.04.020 OF TIlE ASPEN MUNICIPAL CODE PERTAINING TO TIlE "DEPOSITING OF GARBAGE, TRASII, AND ASHES," BY REQUIRING TIlE USE OF TRASH COMPACTORS IN AREAS DESIGNATED AS TIlE "TRASII COMPACTOR ZONE." WHEREAS, the City Council of the City of Aspen previously adopted Municipal Code Section 12.04.020, entitled "Depositing of Garbage, Trash, and Ashes," and WHEREAS, the Commercial Core and Lodt~ng Commission believes that it is in the best interests of the citizens of the City of Aspen to amend said sections by requiring the use of trash compactors in designated downtown areas of Aspen. which would be known as the "trash compactor zone," and WHEREAS, the Commercial Core and Lodging Commission finds that the conversion of dumpsters to compactors in the trash compactor zone will benefit the City in the following ways: ~ By providing for the flee flow of delivery trucks in the alleys, - By permitting emergency vehicles to access the alleys in an easier fashion, - By reducing or eliminating noise, - By eliminating unsightly dumpsters and the unpleasant smells associated with them, - By reducing trash pick-up times from seven days a week ro once a week, - By making the alleys cleaner for pedestrians, - By freeing up truck loading zones for paid parking, and WHEREAS, CCLC believes that eighteen (18) months would be a reasonable amount of time to allow for the conversion from dumpsters to compactors, and WHEREAS, the City Council desires to adop[ for the benefit of the City of Aspen the following code amendments. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OE ASPEN, COLORADO, THAT: Section 1 Section 12.04.020 of the Aspen Municipal Code is hereby repealed in its entirety and is re-enacted to read as follows: 12.04.020 Depositing of garbage, trash and ashes. (a) Except as set forth in subsection (b) below, every owner or occupant of premises within the city shall deposit and cause to be deposited all garbage, trash, and ashes which accumulate thereon in (1) animal-proof, fly-tight, covered containers, (2) dumpsters approved by the environmental health department, or (3) a trash compactor (or other trash-containing device) approved by the environmental health department. Garbage and trash shall be secured in throwaway containers or in such a manner that it is not blown or scattered about or allowed to become a nuisance to the neighbors or the area. If permitted, the city engineering department shall approve the location of all dumpsters. trash compactors, or other trash-containing devices encroaching upon a city alley or right-of-way. (b) In the city areas designated as the "trash compactor zone," every owner or occupant of premises shall deposit and canse to be deposited all garbage, trash, and ashes which accumulate thereon m a trash compactor approved by the environmental health department. Garbage and trash shall be deposited in the trash compactor in such a manner that it is not blown or scattered about or allowed to become a nmsance to the neighbors or the area. Where permitted, the city engineering department shall approve the location of all trash compactors encroaching upon a city alley or right-of-way. A map of the "trash compactor zone," which may be a~mended administratively from time to time by the City, shall be maintained and available for public inspection in the city engineering department. Owners and occupants of premises in the trash compactor zone shall have eighteen (18) months from the effective date of this ordinance to convert from the use of animal proof containers or dumpsters to trash compactors. (c) Every applicant for a business license shall provide the city finance department with the name of his/her/its trash service provider. Failure to provide the name of the trash service provider shall be cause for the non-issuance of the license. (d) A "trash-containing device" shalI be defined as a container approved by the environmental health department that is of adequate size and construction to contain the trash generated by the user(s). (e) In addition to other enforcement remedies available to the city, the city engineering department may ~ssue a letter of warning to the owner or occupant of premises within the city or to the trash service company for non-compliance with a provision of this section and may revoke an encroachment license. Service from another trash service company may then be solicited. Section 2 This ordinance, when effective, shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding then pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3 If any section, subsection, semence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall'be deemed a separate, distinct and independent pro~sion and shall not affect the validity of the rema/ning portions thereof. Section 4 A pnblic hearing on the ordinance shall be held on the day of ,2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by -the City Council of the City of Aspen on the day of ., 2003. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, passed and approved this day of ,2003. Helen Kalin Klandernd, Mayor ATTEST: Kathryn S. Koch City Clerk