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Home My WebLink About03-18-1998 _c_~__1 C__<< ..__... , COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITY ROOM - CITY HALL March 18, 1998 8:30 1. Roll call 9:00 II. Encroachment - Red Onion alley United Waste Nick Adeh - Engineering Department Head 10:00 III. Trash Ordinance - Commission follow-up of comments __C' I -____..._. ME~IORANDUM TO: MAYOR AND COl~CIL THRU: AcWY MARGERU~I, CITY MANAG1j:R THRU: JOHN WORCESTER, CITY ATTORNEY FROM: COMMERCIAL CORE AND LODGING COMMISSION DAVID HOEFER, ASSISTANT CITY ATTORNEY.QJ THRU: DATE: JANUARY 21, 1998 RE: A.L~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 12.04.020 AND 12.04.030 OF THE ASPEN MUNICIPAL CODE PERTAINING TO THE "DEPOSITING OF GARBAGE, TRA.SH, AND ASHES" Ac~D THE "AREA AROUND DUMPSTERS MAINTAINED FREE OF TRASH, GARBAGE." SUMMARY: Section 12.04.020 of the Aspen Municipal Code currently requires that all garbage, trash, and ashes be deposited in (1) animal-proof, fly-tight, covered< containers or in (2) dumpsters approved by the environmental health department. The Commercial Core and Lodging Commission believes that it is in the best interests of the citizens of the City of Aspen to amend said section by requiring< the exclusive use of trash compactors (or similar devices approved by the environmental health department) in the CC (Commercial Core). The ordinance would not become effective until July I, 1999, so that owners and occupants of premises in the CC zone would have a reasonable period of time to convert to compactors. Section 12.04.030 (Area Around Dumpsters Maintained Free of Trash, Garbage) would be amended by requiring the .area around trash compactors to also be maintained free of trash and garbage. . DISCUSSION: The Commercial Core and Lodging Commission believes that adoption of this proposed ordinance will cause the alleys in the Commercial Core of the City of Aspen to be maintained in a cleaner appearing and healthier manner, which will benefit all residents and tourists of the city. -...1.... FINANCIAL IMPLICATIONS: There are no financi;i! implications to the City. Owners of premises in the COIDmercial Core would contract with private trash compactor companies. RECOMMENDATION: CCLC recommends adoption of the proposed ordinance. PROPOSED MOTION: "I move to approve Ordinance No. S, Series of 1998, amending sections 12.04.020 and 12.04.030 of the Aspen Municipal Code, pertaining to the "depositing of garbage, trash. and ashes" and the "area around dumpsters maintained free of trash and garbage." CITY MAc~AGER COMMENTS: . --1-'" ".'"-~._'-~"--_____.~_____..~_____,._~w_ ORDINAc~CE NO. S , SERIES OF 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Al"lENDING SECTIONS 12.04.020 AND 12.04.030 OF THE ASPEN MUNICIPAL CODE PERTAINING TO THE "DEPOSITING OF GARBAGE, TR\SH, AND ASHES" cAl~D THE "AREA AROUND DUMPSTERS MAINTAINED FREE OF TRASH, GARBAGE." 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 Section 12.04.030, entitled "Area Around Dumpsters Maintained Free of Trash. Garbage." and WHEREAS, the Commercial Core and Lodging Commission believes that it is in the best interests of the citizens of the City of Aspen to amend said sections by . requiring the exclusive use of trash compactors or similar devices (approved by the . environmental health department) in the CC (Commercial Core), and . WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen the following code amendments, to be effective July 1, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Sections 12.04.020 and 12.04.030 of the Aspen Municipal Code are hereby repealed in their entirety and are re-enacted to read as follows: 12.04.020 Depositing of garbage, trash and ashes. . (a) Every owner or occupant of premises in the CC (Commercial Core) of the city shall deposit and cause to be deposited all garbage, trash and ashes which accumulate thereon in a trash 'compactor or similar d;:vice approved by the environmental health department. in which case garbage and trash shall be secured in a manner that it is not blown or scattered about or allowed to become a nuisance to the neighbors or the area. The location of all compactors encroaching upon a city alley or right-of-way shall be approved by the city engineering department. 'I ~---- (b) Every owner or occupant of premises within the city, not located in the CC (Commercial Core) shall deposit and cause to be deposited all garbage, trash and ashes which accumulate thereon in (1) animal-proof, fly-tight, covered containers, or (2) dumpsters approved by the environmental health department, in which case garbage and trash shall be secured in throwaway containers or in a manner that it is not blown or scattered about or allowed to become a nuisance to the neighbors or the area. 12.04.030 Area around dumpsters and compactors maintained free of trash, garbage. Evel)! owner or occupant of premises within the city using an approved dumpster, compactor; or similar device shall keep the area within ten (10) feet of that dumpster, compactor, or similar device free of garbage. trash, and ashes. Section 2 This ordinance shall not be effective until July I, 1999. Existing Sections 12.04.020 and 12.04.030 shall remain in full force and effect until July 1,1999. Section 3 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 4 If any section, subsection, sentence, 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 provision and shall not affect the validity of the remai~ng portions thereof. 2 .....-........, Section 5 A public hearing on the ordinance shall be held on the _ day of ,1998, 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 ,1997. John S. Bennett, Mayor ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, passed and approved this _ day of ,1998. John S. Bennett, Mayor ATTEST: Kathryn S. Koch City Clerk 3 I ........ .... February 9,1998 - Kuhn project - 303 E. Main - John Worcester the city attorney indicated that the final CO will be resolved by the Engineering Dept. and Health Dept. as CCLC is an advisory board. January 8, 1998 - Dust Inhibitor - The Streets Dept. is using less inhibitor due to the lack of snow, not more. It is noticeable due to the lack of snow as snow dilutes it out. Dec.17, 1997 meeting - request for information on the Little Nell/gondola plaza. Stan Clauson reported that free coffee and cookies can be given out on the plaza. The Audi car display and things like lighting for the 24 hours of Aspen goes under a special events permit handled by Kathryn Koch. More permanent installations, such as the Bertolucci clock and the 10th mountain statue have been handled as insubstantial amendments to the SPA with a Planning Director sign- off Oct. 16th meeting - City Manager - enforcement i.e. E.Health receives trash reports; Eng. for Encroachments. Pending: Site-visit News racks for abandoned rack after Labor Day. Take photos. 2nd light in alley. NOTE: Working with Eng. on the red rags for dumpster etc. encroachments in to the alleys. NOTE: Placement of planters is a violation and all areas should be reported to Engineering. NOTE: Striping done. NOTE: Letter should be drafted to owners of the vacant news rack boxes. Please let me know the location etc. NOTE: Jack Reid report - Hunter street repaved 1998 same as Spring and Aspen S. Mill, Hyman loop 1998 ~ 1999. Galena and Aspen will be done in conjunction with the Sanitation and Trolley. NOTE: CCLC - Art plaques for sculpture program. NOTE: Light above the compactor - DONE NOTE: Parks Dept. policy request, no trucks larger than a pick-up on Cooper or Hyman malls. Anything larger breaks branches on the trees. NOTE: Environmental Health is discussing compactors at their staff meeting; i.e. plans check off list. Isis does not have a permit in yet. NOTE: The Assistant City attorney felt that the private sector (trash haulers) should send a notice out to customers regarding trash left around the compactor and charge for that service. Delivery truck issues - Letter sent to all liquor license holders and businesses. Bikes around town (UPDATE - ACRA is spear heading this program and at some point will do a presentation to CCLC) They are requesting a CCLC representative. Street Performers - ordinance Promote parking garage - Upgrading lighting. Parking garage signs on all floors advertising the Galena Shuttle, rates etc. Reduced rates for businesses and restaurant employees. Brochure promoting the shuttle. Spring of 1997. Art Sculpture - Ins. Underwriters want photographs and written description of piece and stated value for 1997. 8-07-96 -Aspen Manor extension of sidewalk - SIDEWALK IS COMPLETED Oct. 1996 Future issues to address. HBO - 1998 - Did not go to business owners for approval Hob lost a $7,000. sale. The advertising did not mention Aspen. Street closed and was recommended that it not be closed due to bus route. Joe Lang Charge for parking officers. 8-7-96 - Red Onion alley - trash, compactor too small etc. - Board to site visit for cardboard recycling. 7-29-96 - Ducky Derby - selling ofT-shirts inappropriate although not effecting business. Duck out too long. Heavily propositioned. 07-17-96 Art project - businesses be represented in the selection and placement decision. 08-07 -96 - Widening and upgrading Grill/W agner Park pathway budget 1997. Goes to Ped Committee and Stan Clauson and then approved by the AMP Committee and if approved will be handled by the Eng. Dept. CCLC members need to attend the AMP meeting. 1997 - Ute Mountaineer - review commercialization - Hard Rock Cafe - precedent setting table in front of bldg. - Pomeroy sports - van with bikes. -I _....._-- NOTE: 1st amendment rights - OK for petition but not on table in mall