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HomeMy WebLinkAboutresolution.council.025-01 RESOLUTION NO. ~L%~ (SERIES OF 2001) A RESOLUTION OF THE ASPEN CITY COUNCIL RECOMMENDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS ALLOW FOR THE CONTINUED NIGHTTIME USE OF THE ASPEN MOUNTAIN GONDOLA AND SUNDECK. WHEREAS, the Aspen Mountain Master Plan was approved by the Pitkin County Board of County Commissioners pursuant to BOCC Resolution 98-80 and such approval permitted nighttime use of the Aspen Mountain Gondola and Sundeck for a three-year period and subject to certain limitations; and, WHEREAS, the nighttime use of the Aspen Mountain Gondola and Sundeck requires an annual review of the operation by the Pitkin County Board of County Commissioners after considering an annual report submitted by the operator and referral comments provided by the Aspen City Council; and, WHEREAS, the City of Aspen received no complaints concerning nighttime use of the Gondola and the operation has proceeded in a responsible manner; and, WHEREAS, the Aspen City Council has reviewed the nighttime operation annual report submitted by Eric Calderon, Vice President and General Manager of the Little Nell, and finds the operation ha compliance with the expectations of the City of Aspen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: The Pitkin County Board of County Commissioners should allow for the continued nighttime use of the Aspen Mountain Gondola and Sundeck, as currently permitted pursuant to BOCC Resolution 98-80. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 remaining portions thereof. Resolution No,~ Series of 2001 Page I FINALLY, adopted, passed and approved this~ 12th day of March, 2001. Approved as to form: Approved as to content: Raeh{el E. Richards, Mayor Attest: ~athryn S' K~, City-Clerk C:Lhome\Chris\CASES\NightGondolaL200l CC RESO.doc Resolution No.__, Series of 2001 Page 2