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HomeMy WebLinkAboutagenda.council.worksession.20161107 CITY COUNCIL WORK SESSION November 07, 2016 5:00 PM, City Council Chambers MEETING AGENDA I. Outdoor dining pedestrian malls II. ACRA Destination Marketing Budget Presentation III. Saturday Market Discussion ACRA IV. Aspen Skiing Company Annual Update - No packet material P1 MEMORANDUM TO: Mayor and City Council FROM: Linda Manning, City Clerk Jessica Garrow, Community Development Director RE: Winter Outdoor Dining MEETING DATE: November 2, 2016 REQUEST OF COUNCIL: City Council met with Staff in April of this year for an initial check in to discuss the possibility of winter outdoor dining for restaurants with private patio space and restaurants located on the Pedestrian Malls. Council requested staff conduct additional work with restaurants interested in the possibilities of winter outdoor dining. This meeting is a follow up, and Council is requested to provide formal direction to staff about winter outdoor dining. BACKGROUND: During the summer season, a number of restaurants located on the Pedestrian Malls received mall leases and used public right-of-way for seating, including Red Onion and Ryno’s on the Cooper Avenue Mall, Bosq, Jimmy’s Bodega, and Maru on the Mill Street Mall, and Hops, Zocalito, and Elina on the Hyman Avenue Mall. Other restaurants not located on the malls, including Mezaluna, the Creperie, Casa Tua, and Hotel Jerome used private patios and/or public right of way for summer outdoor seating. In addition, since that meeting a number of restaurants have closed including Little Annie’s, Aspen Kitchen, Main Street Bakery, and McDonald. Other spaces continue to remain vacant, including Finnbar and Ute City. Nello is no longer in business but soon to be filled by Shlomo’s At The Nell. In July, The Creperie du Village Restaurant requested a temporary use approval for a metal, wood and fabric shade structure for their patio that was granted through the summer season. At the time, the Community Development Department recommended against the request because it impacts the ability to see access to the space, as well as the fact the design is not entirely consistent with the city’s adopted design standards. This is the type of request and additional seating that could be accommodated via winter outdoor dining. While the Creperie approval was valid through October and the structures have been removed, the owners are interested in continuing outdoor dining in the winter, or providing a coering for patrons waiting for a seat inside. P2 I. Other restaurants that have expressed interest in a winter outdoor dining enclosure include Casa Tua, Mi Chola and Grey Lady. The Hotel Jerome participated in the summer outdoor dining for the first time this year and it was very successful for them. They would like to continue it this winter with just the use of the picnic tables they utilized this summer. They have a heated sidewalk and do not feel that snow removal will be an issue. This brings up a separate issue since that space is not private and is leased from the City. SUMMARY: In the past, temporary outdoor dining has involved tent-like coverings, and have been reviewed as temporary uses, which exempts them from affordable housing mitigation and design review. A temporary use of up to 14 days can be approved administratively. Longer temporary uses are reviewed by City Council. Due to code amendments that took effect after the last winter season, any seasonal enclosure that is erected for longer than 7 days in a 12-month period is subject to affordable housing mitigation. A calculation of this mitigation requirement is included in Exhibit B. The CCLC has expressed interest in allowing winter outdoor dining in an effort to bring some of the vibrancy of the summer dining to the winter season and gain back some of the lost restaurant seating. The Community Development Department and the Historic Preservation Commission continue to have concerns about enclosures for outdoor dining due to their visual impact on the historic district (note that all of the restaurants who have expressed interest in outdoor dining are located in the city’s Historic Districts). Additionally, for this season, reviewing each request individually places some pressure on staff given other City Council priorities related to completing work on the moratorium. QUESTIONS FOR COUNCIL: Some issues that were raised at the last work session include esthetics, affordable housing mitigation on a prorated basis, a trial period of somewhere more than 10 days but less than a whole season, pedestrian comfort and changing the character of the malls. Staff requests direction from Council on the following questions: 1. Does Council support unenclosed outdoor dining on private restaurant space during winter months? If so, for what period of time and in what locations? P3 I. 2. Does Council support enclosed outdoor dining on private restaurant space during winter months? If so, for what period of time, in what locations, and would Council wish to waive or reduce affordable housing mitigation requirements? 3. Does Council support enclosed or unenclosed winter outdoor dining on the Pedestrian Malls? 4. Does Council support a winter dining model as suggested by the Hotel Jerome on City property with no enclosure? ATTACHMENTS: A. Notes from April work session B. Affordable Housing Mitigation example P4 I. Notes from the April 19, 2016 Council work session Jessica Garrow said the HPC perspective is a concern related to design and character to downtown and character to mall. Less visually impactful. Ryan Chadwick said they did this last season for 10 days and want to start the process early this year. Vitality with outdoor dining can work. Esthetic can work. Open air in the day. Try for one season and can work. One concern was 28 tents in the mall. Testing this for one season or a month. Showed examples. Jessica – initial check in with council. Timeframe Christmas through New Year’s. We have had temporary enclosures that paid prorated mitigation. There is precedent there. What are other communities doing through an esthetic perspective. What direction does Council want to go? Councilman Frisch – great mini check in. Stand by idea of trying this. Supportive of trying this over the nutty holiday season with guests in town and the holiday season. Appreciate esthetics may take a hit. Something not two stringent or 2x4s and saran wrap. Try for 10 days and reassess. Mitigate on a prorated basis. Try this winter and see what it is like. Don’t try the grand tasting tent but appreciate CCLCs comment. Let people know now and try over the holidays. Reassess in February. Ryan- these are expensive. Maybe 10 days are a little short. Frisch – try for one season, more than 10 days but less than the whole season. Let’s see the response from the restaurants and guests. Appreciate in theory the longer we do it the more the investment. Short duration. Think we ought to explore it Councilman Daily – agree with Adam. Think it is a very worth wile experiment. Sensible trial period. Perhaps 30 days is where we ought to land. May or may not pay off. Like to give a reasonable opportunity. Comfortable with 30 days to get started. Real opportunity for economic vitality. Sense of additional excitement and additional use. Esthetics are important. Need a way of putting some minimum design standard on what we would allow. Not sure how we regulate an attractive appearance. Supportive. Good for 30 days. Councilman Myrin – some restaurants have rented restaurants that don’t have a private patio and paying rent and don’t have an opportunity to participate in this. Not ready to commit to this yet. They might be at a disadvantage. Flip side is this might extend the lifespan of existing buildings without going into the landfill. Advantage of having tents. Goal to address short peaks and not be a year round thing. Gets to the conversation of carrying capacity. Concern is restaurants are not the highest and best use for restaurants anymore. Would it enable restaurants to get a space that might go to retail instead. Jessica – there is that potential there. Myrin - concerned with community having fewer and fewer restaurants being displaced by other uses. Like to honor CCLCs intent by open umbrella piece and tent in the middle. Like to have their goals rather than end result discussed. FAR on AH mitigation is not important for experiment, but may be a conversation for long term. Lot of vitality in restaurant in the commercial core. The long term may be important. P5 I. Councilwoman Mullins – no question that outdoor use in summer is vibrant, dynamic and fun and would be great to continue in winter but disagrees with how to do it. The downtown is dense development and if you start adding tents and overhead on the mall it may not be comfortable for the pedestrians and blocks the view and changes the character of the mall. The esthetics, never seen a temporary tent that is attractive but open to seeing images. Does not think anything is in character with the downtown. Thinks you could do it with the umbrellas and the heaters, but would use massive energy. Would support umbrellas and heater, no tents. Temporary test, very expensive and not sure people would be willing to pay for it. Willing to look at it though. Not saying no to outdoor dining. Mayor Skadron - shares similar concern. Not sure what way he will go on this. Some support for an experimental period 10 - 30 days. Some support for umbrellas and heaters. Ryan – esthetic options for the restaurants that are interested. Jessica – important to move quickly so restaurants can move quickly. Fall would be a good time. No tent down middle of the mall. P6 I. Example Affordable Housing Mitigation Calculation If an 800 square foot tent was proposed to be up for a third of the year (or 4 months), the code calculation for employee housing mitigation due would be $167,750.14. This is outlined below. If Council desired to consider building life span, which is not typically included in the City’s mitigation calculations, a mitigation of $4,193.75 would be due. This is also calculated below. Inputs: • Estimated example tent size: 800 sq ft located at grade • Employee generation is calculated by FTEs per 1,000 sq ft of net leasable area • In the CC zone, 4.7 FTEs are generated per 1,000 sq ft of net leasable area • Mitigation for new commercial space is required at a Category 4 level, which is $223,072 per FTE • Mitigation is required at 60% of the FTEs generated • Tent will be on site for approximately 1/3 of a year Methodology: 800 sq ft / 1,000 sq ft = .8 sq ft .8 sq ft * 4.7FTEs = 3.76 FTEs generated 3.76FTEs *60% = 2.256 FTEs to be mitigated if tent in use 100% of year 2.256/3 = 0.752 FTEs to be mitigated for use of the tent 1/3 of the year 0.752 * $223,072 = $167,750.14 Assuming 40 year building life span: $167,750.14/40 years = $4,193.75 P7 I. P 8 I I . P 9 I I . P 1 0 I I . P 1 1 I I . P 1 2 I I . P 1 3 I I . P 1 4 I I . P 1 5 I I . P 1 6 I I . P 1 7 I I . P 1 8 I I . P 1 9 I I . P 2 0 I I . P 2 1 I I . P 2 2 I I . P 2 3 I I . P 2 4 I I . P 2 5 I I . P 2 6 I I . P 2 7 I I . P 2 8 I I . P 2 9 I I . P 3 0 I I . P 3 1 I I . P 3 2 I I . P 3 3 I I . P 3 4 I I . P 3 5 I I . P 3 6 I I . P 3 7 I I . P 3 8 I I . P 3 9 I I . P 4 0 I I . P 4 1 I I . To: Randy Ready and Aspen City Council From: Debbie Braun, president ACRA Re: Saturday Market Feedback Date: November 3, 2016 BACKGROUND: Below is a timeline of Luxury Retailers activity since early September and ACRA response to their issues. • 9/12: Paula Damaso, owner of Palaso, Ricki McHugh owner of McHugh Gallery and Becky Dumeresque owner of Chequers attended the city council meeting, and during public comment Paula provided a list of 19 retailers who share her concerns over the growing number of pop ups and trunk shows. Council recommended that she reach out to the ACRA for direction. Paula did follow up the next day and sent over the list of concerned retailers which was forwarded to Kenny Smith and Lisa LeMay, ACRA retail representatives. • 9/13 Paula, Ricki McHugh owner of McHugh Gallery, Becky Dumeresque owner of Chequers and Tony Mazza who leases to approximately 100 retailers attended the CCLC Meeting. Tony spoke on behalf of the group and expressed growing concerns about the retail mix of the Saturday Market, they feel there are too many jewelers and artist that directly compete with many of the luxury stores. There is also a concern over the number of pop ups and trunk shows, specifically the one held throughout the summer in the Library at the Hotel Jerome. • Quoting David Fleisher longtime owner of Pitkin County Dry Goods “Please note my comments. Don't take them lightly. The things I hear from locals and 2nd homeowners are overwhelmingly negative. I have become very frustrated with Saturday business. I am also frustrated as a longtime local that I no longer want to be downtown myself and for the first time have avoided going to the market.” • 9/27 Paula attends the ACRA board meeting and is introduced. Paula and Debbie will co-chair a retail task force to look into the retail issues and make recommendations to council and ACRA board. • 10/18 Retail task force meets to discuss luxury retail issues. The meeting was focused on Saturday Market, Trunk Shows and Arts Festivals. (Saturday Market notes are attached.) P42 III. • 10/26 ACRA staff reviews Saturday market feedback from retailers and sends out survey to all membership regarding the market. • 11/2 ACRA shares all Saturday market information they have acquired with City staff and council for discussion on 11/7. RECOMMENDATIONS: After reviewing the luxury retail task force notes, along with the ACRA Market Survey, the Chamber is prepared to make the following recommendations to Aspen City Council regarding changes to the market. This takes into account all feedback and is targeted to actions we believe can be accomplished. In moving forward with the Saturday market we recommend the following: 1. We are requesting the Saturday Market do economic impact surveys twice a year through a reputable survey company. There seems to be no actual information about the markets success except antidotal. This is a problem as no one group as a clear idea of the markets economic or social impact to the community. Having solid data is the best way to understand the concerns of the luxury retails to see if they have merit or not. 2. A better centralized communication forum – i.e. Website. There is a Facebook page, ACRA web page, City page – each with different messages and information. It would be helpful to have forms/rules and regulations along with contact information in one simple place. 3. We would request the market look at the ratio of produce to craft vendors, survey indicated members like the “farmers market” aspect more than the crafts. 4. We also suggest taking a hard look at the rules and regulations for getting and staying in the market. Seems like some “gray space” vendors are able to get in. Example: Furs. 5. We would like the Market to print out and distribute a small map of the core area highlighting retail and dining throughout the term of the market. We believe this will help push business to our local retail and restaurant establishments and works in unison with the market. 6. ACRA will promote a SHOP ASPEN campaign to correspond with the market – promoting local retail “best finds” on Saturdays. Thank you for reviewing these recommendations and please review all the feedback from the retailers and membership as it might spark some of your own conversation. Thanks. P43 III. Retail Task Force Meeting Notes October 18th, 2016 Community Banks Attendance: Debbie Braun, Cristal Logan, Donnie Lee, Becky Dumeresque David Cook, Erik Klanderud, Kenny Smith, Lisa LeMay, Jeff Bay, Jessica Garrow, Chris Bendon and Don Taylor. (Paula called in after the meeting and shared the luxury retail feedback which is included in the below notes. The meeting was broken down into three sections, these notes represent the feedback on the Saturday market only. Saturday Market: -Give artists a chance to engage with Aspen. We need to make Aspen artistic with actual artists! -How many produce sales, local non produce sales, out of town sales? -Vendors really regional? How are they monitored? -Percentage agricultural vendors vs. Arts/Crafts? -Brick & Mortar get discount for tent space? – If all agricultural, there will be less draw for guests. The diverse nature of products is part of what people find exciting and fun. -Unfortunately, I feel the “trend” towards more “high end” shopping at the market is creating an “idea” that the Saturday Market is the time to shop during an Aspen visit is hurting other local retail businesses. -Love the Market! -In general I feel the market is positive for the town. -The market brings incredible vitality to the town. A balance of agriculture, food and retail is needed. -Like the current mix in the market -Love the idea that a local upstart can get into the Saturday Market. -I believe the Saturday Market is a tremendous way for independent local vendors to introduce their products to the marketplace. -Yes, I support overall. Generally hear positive feedback from visitors. -How many people per week come to the market -Surveys -Limit the dollar value of what can be sold? -Limit vendors to people that don’t also have brick & mortar. -There needs to be a much more stringent “vetting” process to be sure the process is fair to year round retail businesses. -A good time to re-structure and re-visit a stringent set of rules of inclusion to be sure the market stays the course of what was originally intended. -There needs to be more turnover of market vendors. There are artists and jewelers who have been in the market for 10 + years. - P44 III. I think there is a rotating local retailer booth. Is there a way to encourage more local brick & mortar shops to use a space? Should the market require a certain number of spaces to be brick & mortar businesses? -Perhaps establish rules and limits for certain uses: limit number of years or weeks per summer season. limit certain goods or costs. -Increase ACRA presence with larger number of allowed booths 1-4 for additional marketing of small retailers to offset traffic challenges. -There should be a cascade of priority from farmers to local retail to outside retail. Should be monitored -I agree there could be some freshening and more opportunities for new vendors. -Repeating the brick & mortar stores in the market is not a goal for me. -Review the process to be allowed to have Saturday Market booth and categories of product -Challenge the use of long term vendors (is there a time limit?) that are non-food vendors. -Review the process of how to handle the use of booths when vendor does NOT SHOW UP and allow others to utilize the space -Why are the Saturday Market vendors not ACRA members? They have 17 booths every summer for $550 – cheapest rent in town. -I believe that all types of products should be allowed to participate, however as with all sharing economy businesses, sufficient regulations and guidelines should be in place to ensure adherence to rules, proper rotation of vendors and products. -I think that term limits on vendors to eliminate creating a permanent sales location for vendors and ability for other vendors to participate. A broad spectrum of products and services that benefit locals and tourists and an opportunity for local businesses to benefit from the gathering of customers. -Course correct regulations to limit/restrict loop holes and restore intent of regional produced products. -Saturday morning & early afternoon businesses is considerably slower than any other business day during summer season -Customers of brick & mortars have a limited amount of time and money and the 8-3 dilutes the business of brick & mortars -Prefer 2 blocks -I think it’s great to review the mix and guidelines and tighten up the loopholes. Brainstorm ways to promote local arts & crafts. In other words, use it as a way for artists and craftsmen to show case their work who would not normally have access to a store front. -Also the 18 week run may be an opportunity to get more vendors but at a shorter (9 weeks) run. This could add more vitality & keep people coming back if there are different offerings throughout. -Perhaps calculate needs to recruit more agriculture, artists and craftspeople. -I like the Palisade map idea. -More produce -We believe the original intent of the market was for food/produce and named a farmers market to drive traffic to the town 8:30 – 10:00 and then allow customers to visit and traffic current brick & mortar retailers. The farmers market renamed Saturday Market has concentrated traffic over several blocks deterring traffic to other key retailing streets. P45 III. -We would like to see the Saturday Market to return to a farmers market. -Get back to basics – what is the purpose of the farmer’s/Saturday market? -Expanded market on Hyman, is it still necessary or should the market cut back and focus more on agriculture? -Sounds like evaluation or effort to change up vendors and stress produce/agricultural offerings -Like as a food market – Produce -Regulations – initial idea as a Farmer’s Market – provides vitality within itself -Sympathize with Kenny and the brick & mortars. I think we need to protect those local businesses. That said, getting the vitality into downtown with produce, flowers, kettle corn and items that don’t compete with brick & mortar is great. P46 III. Executive Summary: Aspen Saturday Market Survey November 2, 2016 On October 26, an invitation to a 6 question survey on Aspen’s Saturday Market was sent to 655 ACRA members. The Aspen Chamber wished to assess our constituency’s sentiments towards the Market, to then use this information to make a recommendation to the City concerning the Market’s future. In addition to the six multiple choice survey questions, ACRA provided a space to leave comments. Question Analysis: As of November 2, 2016, the survey had 132 responses. Market visits broke down as follows: 41% of these respondents visit the market 3 – 6 times per season, 30% visit 7 – 12 times per season, 14% visit more than 12 times per season, and 14% visit less than 2 times per season. The top reason for attending the Aspen Saturday Market was for fresh produce (45%), while 36% attend for the atmosphere, crafts, produce & prepared foods. 17% said they attend for the atmosphere only. Over half of respondents said that the Market is the main reason they visit town on Saturdays (55%). When asked if the Market has caused the respondent to shop at local businesses or restaurants more frequently, 52% said yes, and 48% said no. Over three quarters (88%) of respondents agreed or strongly agreed that the market was a good use of public space, and 81% agreed or strongly agreed that the Market runs for an appropriate amount of time. Comment Analysis – 69 comments received Of the total responses, 32 people said they love the Aspen Saturday Market, and felt that it is an asset to the city. These responses mention the value of the Market to the visitor and the local, and appreciate the weekly community event it creates. They believe it is vital to the vibrancy of an Aspen summer. In addition, 36 people made recommendations for improvements to the Market. The most frequent comment concerned the ratio of produce to craft vendors. Respondents would like to see more produce in the market. They think there are too many craft/jewelry vendors, and feel that political and real estate booths do not fit in a farmer’s market. They would like to see vendor turn over, and the possibility for guest vendors or vendors who cannot commit to the entire season. They would like the City to “curate a more balanced market.” The cost of goods in the Market was frequently mentioned. Many feel that the arts & crafts, as well as produce are over-priced, and a few mention attending the Basalt and Carbondale Markets to purchase the same or similar goods for less cost. They’d like the goods at the Market to be available at a price congruent with the local shopper, as well as the visitor. Last, a few respondents would also like the Market to be held on streets that are not retail oriented. They feel that the current location blocks access to local business. P47 III. 13.64%18 40.91%54 29.55%39 14.39%19 1.52%2 Q1 How often do you attend the Aspen Saturday Market? Answered: 132 Skipped: 0 Total 132 Rarely (1x to 2x per season) Occasionally? (3x to 6x pe... Often? (7x to 12x per season) Frequently? (more than 1... Never? 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Rarely (1x to 2x per season) Occasionally? (3x to 6x per season) Often? (7x to 12x per season) Frequently? (more than 12x per season) Never? 1 / 7 Aspen Saturday Market Survey P48 III. 44.62%58 0.77%1 1.54%2 16.92%22 36.15%47 Q2 What is the primary reason you attend the Aspen Saturday Market? Answered: 130 Skipped: 2 Total 130 Fresh produce? Arts and Crafts? Prepared foods? Atmosphere? All of the above? 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Fresh produce? Arts and Crafts? Prepared foods? Atmosphere? All of the above? 2 / 7 Aspen Saturday Market Survey P49 III. 55.30%73 44.70%59 Q3 Is the Aspen Saturday Market the main reason you visit downtown on Saturday's? Answered: 132 Skipped: 0 Total 132 Yes? No? 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Yes? No? 3 / 7 Aspen Saturday Market Survey P50 III. 51.54%67 48.46%63 Q4 Has shopping at the Aspen Saturday Market caused you to shop at local businesses and restaurants more? Answered: 130 Skipped: 2 Total 130 Yes? No? 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Yes? No? 4 / 7 Aspen Saturday Market Survey P51 III. 65.91%87 21.97%29 9.09%12 1.52%2 3.03%4 Q5 Is the Aspen Saturday Market a good use of public space? Answered: 132 Skipped: 0 Total Respondents: 132 Strongly Agree Agree Neutral Disagree Strongly Disagree 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Strongly Agree Agree Neutral Disagree Strongly Disagree 5 / 7 Aspen Saturday Market Survey P52 III. 46.97%62 34.09%45 13.64%18 3.79%5 1.52%2 Q6 The Aspen Saturday Market runs 18 consecutive Saturday's starting in June and ending in October. Is this an appropriate length? Answered: 132 Skipped: 0 Total 132 Strongly agree Agree Neutral Disagree Strongly Disagree 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Strongly agree Agree Neutral Disagree Strongly Disagree 6 / 7 Aspen Saturday Market Survey P53 III. Q7 Additional Comments about the Aspen Saturday Market. Answered: 69 Skipped: 63 7 / 7 Aspen Saturday Market Survey P54 III.