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HomeMy WebLinkAbout08-04-1999 ~_<<_~ _~__~~.. -...-1 COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITY ROOM - CITY HALL AUGUST 4, 1999 8:30 I. Roll call and approval of July 7st minutes 8:45 II. Sculpture program, funding, postage, brochure, insurance 9:00 III. Ordinance #29,1999 - Delivery Vehicles City Council Continued Public Hearing will be August 23, 1999 10:00 IV. Adjourn ",.._._-..~ Delivery vehicle ordinance - define delivery vehicles; changing non-delivery time from 8:00 p.m. to 9:00 p.m. Deal with exemption problems Independence Bldg. - The air conditioners have been on the building forever. Pending Issues Jeff Woods from the parks department will come to the CCLC meeting after Labor Day to discuss the design for Wagner Park. Two members from the committee will be appointed to a task force for the design. No design has been implemented yet. Sketches are floating around but in theory only. DEPP funding for Phase II Council has always wanted to wait until Phase I is completed. There is no money available for Galena Street phase two. 6 to 14 million. ~ -- +u 9 Il UD ~V\~ ~~ cLJ; V~J5 Ll.X C~~ COMMERCIAL CORE AND LODGING COMMISSIO ~. 5\ Q DAVID HOEFER, ASSISTANT CITY ATTORNE~ MEMORANDUM TO: MAYOR AND COUNCIL THRU: AMY MARGERUM, CITY MANAGER THRU: JOHN WORCESTER, CITY ATTORNEY THRU: FROM: DATE: . JULY 15, 1999 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE BY THE ADDITION OF A CHAPTER REGULATING "DELIVERY VEHICLES." RE: SUMMARY: The Commercial Core and Lodging Commission (CCLC) of the City of Aspen has heard complaints and conducted public meetings on the issue of when commercial deliveries should be pennitted in the commercial core of the City of Aspen. The CCLC thereby detennined that deliveries between the hours of 8:00 p.m. and 5:00 a.m. are disruptive to the citizens and tourists residing in and near the commercial core. The CCLC further determined that deliveries conducted from the streets of Aspen between the hours of 10:00 a.m. and 8:00 p.m. are disruptive to the traffic flow of the Commercial Core. Therefore, the CCLC is proposing restrictions on deliveries as follows: 8:00 p.m. to 5:00 a.m.: Between the hours of 8:00 p.m. and 5:00 a.m., no deliveries may be made in the City of Aspen. 5:00 a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., deliveries may be conducted from a legally parked vehicle on a street, alleyway, or truck loading zone in the City of Aspen. 10:00 a.m. to 8:00 p.m.: Between the hours of 10:00 a.m. and 8:00 p.m., deliveries may be conducted only from the alleyways or truck loading zones of the City of Aspen. An exemption in the ordinance is provided for newspaper and fast food deliveries. Enforcement may be done by any sworn enforcement officer of the City of Aspen. The decision as to which City department or departments would over-see enforcement ~__.J_ is an administrative decision, and it need 'not be designated in the ordinance. The two main grocery stores (City Market and Clark's Market) are not in the commercial core and will not be affected by this ordinance. In addition, the reasonable exemption of delivery vehicles from certain parking limitations and reasonable regulations on deli very vehicles would be established by the ordinance. An effective date of October I, 1999, is provided for in the ordinance to give businesses a period of time to adjust to the proposed delivery schedules. Council may wish to shorten or lengthen this time frame. DISCUSSION: The Commercial Core and Lodging Commission believes that adoption of this proposed ordinance will be a benefit to the citizens and tourists living in and . visiting the commercial core and that the ordinance will create a more consistent environment for the orderly delivery of goods, merchandise, freight, and passengers in the Commercial Core. FINANCIAL IMPLICATIONS: There are no financial implications to the City. RECOMMENDATION: CCLC recommends adoption of the proposed ordinance. PROPOSED MOTION: "I move to approve Ordinance No. _, Series of 1999, amending the Aspen Municipal Code by the addition of a chapter regulating "delivery vehicles. II II CITY MANAGER COMMENTS: . -~.I..._- ORDINANCE NO. _, SERIES OF 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A CHAPTER REGULATING "DELIVERY VEHICLES." WHEREAS, the Commercial Core and Lodging Commission (the "CCLC") of the City of Aspen has heard complaints and conducted public meetings on the issue of when commercial deliveries should be permitted in the City of Aspen, and WHEREAS, the CCLC has determined that deliveries between the hours of 8:00 p.m. and 5:00 a.m. are disruptive to the citizens and tourists residing in and near the Commercial Core, and WHEREAS, the CCLC has determined that deliveries conducted from the streets are disruptive to the traffic flow in the Commercial Core between the hours of 10:00 a.m. and 8:00 p.m., and WHEREAS, the CCLC has determined that deliveries in the Commercial Core may be conducted subject to certain conditions from a legally parked vehicle in a street, alleyway, or truck loading zone between the hours of 5:00 a.m. and 10:00 a.m., and WHEREAS, the CCLC believes that it is in the best interests of the health, welfare, and safety of the citizens of Aspen to amend the Aspen Municipal Code by the addition of a chapter to be entitled "Delivery Vehicles," and WHEREAS, the City Council concurs with the CCLC and desires to adopt for the benefit of the City of Aspen the following code amendments, to be effective October 1, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new chapter, 24.20 Delivery Vehicles, which shall read as follows: ...J._ ...,. Chapter 24.20 Delivery Vehicles 24.20.010 Definitions. For purposes of this chapter, the following definitions shall apply: Commercial core shaIn! defined as the CC zone district of the City of Aspen, which may be amended from time to time by City Council. This currently includes all property within the area bordered by Durant to the south, Monarch to the west, Main Street to the north, and Spring to the east, plus all properties that abut Main Street on the north side of that street. Deliveries are defined as the necessary and expeditious loading and unloading of goods, merchandise, freight,o<(ltI"'~Oif Delivery vehicles are defined as vehicles used to make regular deliveries, as defined herein, to businesses in Aspen and which may be issued a permit allowing parking in loading zones. 24.20.020 Restrictions on deliveries. Except for vehicles delivering newspapers or fast food, such as pizza and sandwiches, the following time restrictions shall apply to deliveries made in the commercial core of the City of Aspen: A.ff.OO p.m. to 5:00 a.m.: Between the hours of':OO p.m. and 5:00 a.m., no deliveries may be made in the City of Aspen. B. 5:00 a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., deliveries may be conducted from a legally parked vehicle on a street, alleyway, or truck loading zone in the City of Aspen. C. 10:00 a.m. to ':00 p.m.: Between the hours of 10:00 a.m. and 8:00 p.m., deliveries may be conducted only from the alleyways or truck loading zones of the City of Aspen. 24.20.030 Exemption of delivery vehicles from certain parking limitations. A. Delivery vehicles which met the requirements of this Chapter, including Section 24.20.020 above, are exempt from certain parking limitations in Aspen's Commercial Core and in surrounding Residential Parking Zones. 1. In the Commercial Core a delivery vehicle shall be allowed to use all truck loading zones and alleys while the driver is completing a delivery. ;;. 2 2. In the Residential Parking Zones surrounding the Commercial Core, a delivery vehicle shall be exempt from the two-hour limitation while the driver is completing a delivery. 3. A vehicle will qualify as a delivery vehicle for purposes of the exemptions if the regulations set forth in Section 24.20.040 are met. 24.20.040 Regulations on delivery vehicles. A. Operators of delivery vehicles shall cooperate with City personnel regarding snow removal and street cleaning operations. ((9 0 rJnt*;~ B. Delivery vehicles shall comply with the idle ordinance and other relevant City of Aspen ordinances, including but not limited to the Model Traffic Code. o business using a delivery vehicle shall possess a valid City of Aspen business licepse or be exempted from the requirement by the City of Aspen Finance Department. \~ ~1.\\'fo(.L D. A delivery vehicle shall either be conspicuously marked as a delivery vehicle with plain and legible identification including the business name and phone number affixed permanently to the side of the vehicle or the vehicle shall display a valid delivery permit issued by the City of Aspen Transportation and Parking Department. E. The use of a delivery vehicle shall be required due to (I) the bulk of the items being delivered or (2) the need for repeated and frequent trips to load or unload the vehicle. F. The vehicle must be actively involved in a delivery for the entire period of any exemption granted. Specifically, the exempted status does not cover time taken for personal business, business not specifically involving the delivery, and break periods. 24.20.050 Violations and penalties. A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment, as set forth in section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that a violation of the provisions of this code occurs or continues unabated. Section 2 This ordinance shall not be effective until October I, 1999. 3 Section 3 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any other ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4 A public hearing on the ordinance shall be held on the _ day of , 1999, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the _ day of , 1999. Rachel E. Richards, Mayor ATTEST: Kathryn S. Koch, City Clerk 4 FINALLY adopted, passed, and approved this _ day of ,1999. Rachel E. Richards, Mayor ATTEST: Kathryn S. Koch, City Clerk 5 ..I COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 4, 1999 Chairperson Jon Busch called the meeting to order at 8:30 a.m. Commissioners in attendance were Bill Dinsoor, Terry Butler and John Star. Don Swells was excused. MOTION: Jon moved to approve the minutes of July 7, 1999; second by Terry. All infavor, motion carried. Board requested Sara Oats to come to the next CCLC meeting. Issues of Aspen Sports and bikes out on the mall. Enforcement In and out house chairs in the public right-of-way. Terry thanked all the commissioners for coming to the council meeting. Without the commission behind the ordinance it would not have passed. John brought up the issue of the newsrack settlement with the Post Office which was in the paper. The postmaster relayed that it was an engineering problem for access to the space for newsracks. A concrete pad was to be poured by the city for the newsracks. Staff was directed to contact the Engineering Dept. about the issues. List of issues that CCLC should work on. Expansion of the commercial core to include the post office. To be discussed at a future CCLC meeting. Delivery Vehicle Ordinance Move the hours from 8:00 to 9:00 Liz's linens owned by Liz Barbatelli. Rents a parking spot behind Boogies. Her issue is getting her car into the parking spot. She is blocked by trucks. She has the spot to be close to her store. Ice Cream truck and Alliance truck block the alley. She gets into arguments from the Parking employees. She has had the parking spot for two years. Everyone has to be trustworthy and she is not trying to get out of paying the ticket. Possibly register her car with the Parking Department in order for everyone to know who has cars parked there. Electrical and .....-......--j. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 4, 1999 Plumbing vehicles block the alley. She stated that the ordinance doesn't address delivery vehicles totally blocking the alley. Those who have businesses in the alley need to be addressed. Add: Access to any private drive should not be blocked. 24.20.040 A. C. Add if required. Change hours from 8:00 to 9:00. Tim said the CCLC has to be very careful with the exemptions. Motion: John moved to change the time from 8:00 to 9:00, second by Bill. All in favor, motion carried. Terry voted but she wanted it noted in the records that she felt the time should be 7:00 a.m. in the morning rather than 5:00 a.m. Linda, Aspen Florist has a shop at the ABC. Ifthe delivery trucks can't come in early morning 3:30 to 5:00 without wholesalers they can't get serviced. Tim Ware relayed that the floral truck is actually delivering the flowers. Those vehicles are allowed to park at metered spaces. Add flow chart to the ordinance. John Starr stated that the importance of the residence in the commercial core has to be weighed with the deliveries. Large trucks are still not allowed in the commercial core before 5 :00. An idea would be to bring in small vans. Find another area of commercial core area to park. Bill Dinsmoor relayed that some businesses will do their deliveries in Basalt first and then come to Aspen. Help other deliveries with combined deliveries in smaller vehicles. An idea would be to deliver in a different time sequence. 2 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 4, 1999 Definition of delivery vehicle. Tim stated that it is defined as a regular delivery vehicle. Larger vehicles and smaller vehicles their business depends on that delivery to happen. If tickets are issued the question is asked what were the delivery vehicles options. (Was a parking space open, was the alley open etc.) If there is no other option the officer is to stay with the vehicle while the delivery is being made. Expeditious delivery and unloading is the key. . Tim: Defining vehicles is difficult due to issues such as hydraulic loading, diesel, refrigeration, noise, size, steel loading ramps. Jon: The intent ofthis ordinance is to keep the quiet hours quiet in the core. Mike Husaleck: What definition of a vehicle would be appropriate for the parking division to administrate. Daytime deliveries can make any kind of noise. There was discussion of length. The board agreed to stripe passenger under deliveries. Bill relayed that extenuating circumstances such as weather etc. can be worked out. Mike: United Stationers is doing a test run to deliver after 5:00 a.m. John stated the theory is that there are two different categories one for nighttime and daytime. The nighttime would be changed to 15 foot or under vehicle. Tim said deliveries may be made during this time frame that are 15 feet in length or under that and do not have a refrigeration unit, diesel or automatic lift gates or vehicles that cause undo noise or disturbance. Tim said he would put the language together. 3 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 4, 1999 Bill stated in 20.020 first paragraph add vehicles that have permits by the City of Aspen. Adam Walton relayed that some lift gates are not hydraulic they are electric. Tim: Permitted vehicles are really 24.20.020 C. Mike relayed that the delivery company is putting on a smaller truck and smaller route in order to get it back to Denver for daytime use. They are willing to do a test. Bill: What are the issues that would get into their way. What would slow them down. Road construction and weather. Mike doesn't like the fact that merchandise is sitting on the dock nor the fact that he gets deliveries at 3 :00 a.m. Tim relayed that exemptions should fall under vehicle size. Mike: Five skids will take hours if they are delivered at Hyman. Particular circumstance: snow, weather conditions, road closure. Emergency deliveries. Appeal process. Quasi-judicial procedure. CCLC should take ownership to the ordinance. Clear guidelines need to be in the ordinance. Board reiterated 9:00 vehicle 15 feet, no diesel,no refrigeration, no lifts. Check on c1 zone. Explanation of cc zone. Use a physical description. Mechanism to plea of case. Night time vs daytime for size delivery. Explanation added to ordinance. Flow chart added to the ordinance. 4 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 4, 1999 Issues for future meetings: Walk through with Newspaper Vendors and Engineering regarding the newsrack ordinance September 15th MOTION: John moved to adjourn; second by Terry. All infavor, motion carried. Meeting adjourned at 11 :30 a.m. Kathleen J. Strickland, Chief Deputy Clerk 5