HomeMy WebLinkAboutminutes.council.20100608Continued Meeting Aspen Citv Council June 8, 2010
Mayor Pro Tem Skadron called the continued meeting to order at 4:20 p.m. with
Councilmembers Torre and Romero present.
ORDINANCE #9. SERIES OF 2010 -Land Use Code Amendments
Drew Alexander, community development department, reminded Council this ordinance
amends 3 different sections of the land use code. The first is banners on flag poles on
Main street. This amendment would allow the city clerk to approve these under certain
criteria without Council approval. Alexander noted no review standards have been
changed.
The next section is outdoor merchandising. Council requested staff get more feedback on
this amendment. Alexander told Council staff has received no feedback from ACRA or
its members. Alexander suggested an amendment to 9(c) to add parameters to control the
size of outdoor merchandising. Staff is suggesting that outdoor clothing sales not exceed
8 linear feet, either one rack or one table. Alexander said "all other merchandise"
addresses bike sales, ladders, snow blowers, on private property. Chris Bendon,
community development department, noted there are more complaints received on racks
and displays of clothes and few, if any, complaints about bikes, ladders, etc.
Bendon told Council there is a zoning enforcement officer on staff and the engineering
department has construction mitigation officers who can also help in checking out
complaints. Alexander pointed out there is no language in the code that would allow
racks or displays on public property. Staff will make an effort to do footwork in the
commercial core to explain the code and what is allowed. Councilman Romero said he
would prefer 2 racks or 2 display tables. Bendon suggested the code section read 12
lineaz feet of outdoor merchandising on private property. Council agreed.
Mayor Pro Tem Skadron opened the public hearing on these two section amendments.
There were no public comments. Mayor Pro Tem Skadron closed the public hearing.
Alexander said the third amendment is temporary outdoor food vending. Staff discussed
limiting the number of temporary outdoor food vending carts and a valid land use
application approved by community development director. Alexander said with a limit
on the number, it is easily enforceable.
Councilman Romero said it is appropriate to have a limit on the number of vending carts
in the downtown core. Councilman Torre said he thought there would be an outdoor food
vending application that would include hours of operation, the proposed business plan.
Councilman Tone said this information should be available when a vendor goes to
adjacent businesses to get their approval. Councilman Torre noted without business plan
and hours of operation, the existing hot dog cart has not been limited to hot dogs and has
turned into a lunch stand. Councilman Tone said he is not trying to limit business but
eliminate the bad effects a temporary food vending cart would have on existing
businesses that pay rent and that have been in the community for years.
Continued Meeting Aspen City Council June 8, 2010
Councilman Torre said the current hot dog cart vendor received permission from the
owners of the building as well as the tenants. Bendon said types of products and hours of
operation should be included when the vendor gets sign off from the adjacent businesses.
Bendon noted that it is important that staff does not become a venue for squabbles
between businesses or to try and manage competition in town.
Councilman Tone said temporary outdoor vending has been in the land use code for at
least 6 yeazs. Councilman Torre said there is no oversight on quality or public safety
issues. Councilman Torre said he would like the flexibility of allowing appropriate carts;
however, Aspen's downtown may not be able to handle that. Councilman Torre noted
last year a cart was abandoned and sat there empty the entire summer. Councilman Torre
said permits for carts are minimal while other restaurant businesses pay exorbitant rents.
Councilman Romero said carts probably pay their landowner some rent.
Councilman Romero said the public safety and equity and fairness for the community are
important issues. Councilman Romero said the issue is whether outdoor vending, food or
otherwise, should be allowed in the commercial core. Councilman Torre pointed out in
the summer, spots of downtown are extremely vital without outdoor vending.
Councilman Torre said plopping carts in the downtown core where there are already
businesses is inappropriate.
Councilman Romero said he feels limiting the total number of carts allowed will give
greater discretion on where vending occurs. Submitting a business plan and hours of
operation will also give more control. Deviating from an approved plan should give the
city some way to regulate these. Councilman Tone said there will be an application for a
food vending cart from the lessee of the Silver Circle who just wants to get started while
his space is being renovated. Councilman Torre said he has no problem with a vendor
who will be temporazy. Councilman Torre pointed out there aze no food vendors in the
azea of the Silver Circle ice rink. Councilman Torre said he would like the city to tighten
up the process behind applications for food carts. Councilman Torre said he would like
to see more mobility in vending carts. Councilman Torre said he does not feel this time
is appropriate to be expanding on temporary food carts.
Councilman Romero agreed the city should strive to be good stewards of the community
and keep a balance around carts that should be healthy, attractive and a fun place to be.
Councilman Romero said he is fine with limiting the number of vending cars/yeaz.
Councilman Torre said he feels the possibilities for this should be very limited; one year
may be too long for a permit. Bendon said the changes could be more specific about the
business plan; products being vend should be vetted; hours of operation should be
included. Bendon said there can be language about good maintenance of the cart and
area. In renewals, the environmental health record, the police deparhnent record and
responsiveness to the city should all be considered. Bendon suggested all permits come
in at the same time, renewals and new, and these can be reviewed and a limited number
of permits given out.
Mayor Pro Tem Skadron opened the public hearing on this section
Continued Meeting Aspen City Council June 8, 2010
Wendy, Dark Horse Alley, said her business is not covered by temporary food vending.
Alexander reminded Council a temporary use permit was granted by Council to allow the
Dazk Horse Alley to operate in the azcade of the Ute Banque building. Alexander said if
the interior arcades are not approved, the Dazk House Alley cart will have to re-locate.
Councilman Torre stated he has no problems with allowing carts in interior arcades.
Councilman Romero and Mayor Pro Tem Skadron agreed. Councilman Torre noted that
does not have the same impact as outdoor vendors and interior arcades can be left in the
code amendment.
Alexander listed the amendments he has heard from Council; drop all new locations,
gondola plaza, CL zone; allow for interior arcades in the CC. Councilman Torre said
vending carts in CL in interior arcades should be allowed. Alexander said he can add
clarifying language about business plan and hours of operation. Mayor Pro Tem Skadron
said the issues important to him are equity, vitality and opportunity. Mayor Pro Tem
Skadron said accessibility of lower costs restaurants has been addressed with some new
restaurants. Councilman Torre agreed this code amendment should not adversely affect
the current business climate and at the same time, try not to stymie young enterprises.
Councilman Romero said the food cart vending section should be eliminated, going back
to the existing code, limiting the number of food cart applicants to 4; adopt refinements to
the application process, including a business plan and hours of operation. Council can
look at this before next summer.
Councilman Torre moved to adopt Ordinance #9 including sections 2 and 3, amending
outdoor merchandising to allow clothes outdoor merchandising up to 121ineaz feet;
seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes; Tone,
yes; Mayor Pro Tem Skadron, yes. Motion carried.
Councilman Tone moved to continue Ordinance #9-B, Series of 2010, Section 1, to June
28`h; seconded by Councilman Romero. All in favor, motion carried.
Councilman Romero moved to adjourn at 5:30 p.m.; seconded by Councilman Torre.
All in favor, motion carried.
Kathr S. Koch, City Clerk