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Home My WebLink Aboutordinance.council.049-91 A.~. ,>.,~1 ~yl \'< "It...... ~t \~, ", .'.'........ ill ".\ ORDINANCE NO. J-/-q (Series of 1991) AN ORDINANCE APPROVING A RENEWED TERM OF OPERATION FOR THE COMMERCIAL CORE AND LODGING COMMISSION UNTIL DECEMBER 31, 1996, DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMIS- SION MEMBERS, THEIR POWERS, AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING COMMISSION AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING COMMISSION IN EXERCISING ITS FUNCTIONS. WHEREAS, the city Council established the Commercial Core and LOdging Commission by Ordinance No. 1 (Series of 1981) which ordinance was amended by Ordinance No. 56 (Series of 1981); and WHEREAS, the Commercial Core and Lodging Commission term was originally set to expire on December 31, 1985, and was extended by Ordinance No. 24 (Series of 1986), to December 31, 1991; and WHEREAS, by Ordinance No.6 (Series of 1988), the Commis- sion's geographic area of concern was changed and an alternate member was added to the composition of the Commission; and WHEREAS, the City Council desires to re-establish the commercial Core and Lodging Commission, and to define and estab- lish the geographic area that the Commercial Core and Lodging Commission should address as that area bounded by Dean Street; Monarch Street; Spring street; the Lodge and Lodge 1 Zones at the base of Aspen Mountain; and that portion of the Ute Avenue area that is primarily devoted to lodging; and WHEREAS, the City Council desires to change the name of the commission to the Commercial Core and Lodging Commission. .' " ~.. ~ ,. -......... ~~ ~.......... N ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Establishment of Commission. That there is hereby established the Commercial Core and Lodging Commission for the city of Aspen, Colorado, for a term ending on December 31, 1996. Nothing herein shall prevent the re-establishment of said commission on or after December 31, 1996, by appropriate action of the city Council at its election. Section 2. Composition; term; aualification. The Commis~ sion shall be constituted as follows: (a) The Commercial Core and Lodging Commission shall con- sist of five (5) members and one alternate who shall serve a term of two (2) years (although there shall be no restraint on the number of terms any members may serve). Alternates shall vote only in the absence of a regular member and when appointed, an alternate shall be designated as acting for the absent member. In order to preserve a balance in the membership profile of the Commission, preference shall be given to appli- cants who would maintain a membership including one representative from the Aspen Lodging Association or Condominium Manager's Association, one representative from the merchant community, one representative from the Aspen Resort Association, one representative from 2 - - ..!.......... ~. the pitkin County Parks Association and one representa- tive "at-large". (b) All original appointments shall be for a period of two (2) years (or the balance of the term. of the Commis- sion, whichever is less), and made by the city Council. Nothing herein shall be construed to constitute an extension of the term of the Commission beyond that provided in section 1 hereof. (c) All members of the Commission shall serve at the plea- sure of the city council and may be removed by a major- ity vote of the whole city council. There shall be no !sa \., restraint upon the number of terms any member of the commission may serve. (d) No member of the city Council, Mayor, City employee, nor any appointed officials shall serve on the Commer- cial Core and Lodging Commission. (e) In order to provide city staff expertise and experience to the Commission and to encourage direct communication with the community, the city Engineer, City/County Planning Director, Parks Director and Police Chief shall serve as ex-officio members of the Commission. Nothing here shall be construed to permit any of the above staff members to vote on matters decided by the commission. ....'-......... 6i v'. "\ 3 ..' "'.-." \. It. 0.:....... ~. ~ e. t.'..t......... V ~ (f) There shall be imposed no age or residency requirement for membership on the Commercial Core and Lodging Commission, nor shall candidates for appointment be required to be qualified electors. section 3. Powers and Duties. The Commercial Core and Lodging Commission shall have the following powers and duties, all of which shall be exercised subject to the laws of the state and municipality, with appropriate conditions and safeguards, and in accordance with the public interest and the most beneficial development of the Aspen Commercial Core and Lodging Area: (a) To advise and recommend further development and imple- mentation of plans and programs for the Commercial Core and Lodging Area such as circulation, parking, side- walks, landscaping, lighting, signing, graphics, alley improvements, public transit, and improvement to exist- ing mall areas; (b) To develop and recommend methods of funding the above plans and programs, by, for example, exploring and considering special assessment districts, local match- ing fund programs, capital improvement fund programs, and sate and federal grant programs; (c) To develop incentives for participation in and imple- mentation of Commercial Core and Lodging Area programs; 4 '_'U" \\ '<. la '\~- ~".!,'-'., It\: -'\, --- -- (d) To develop and review programs that various groups may sponsor to promote the Commercial Core and Lodging Area as a whole; (e) To administer the "Aspen Streetscape Guidelines" and the city ordinance setting up these guidelines; (f) Upon referral by the city Council, to review and recom- mend approval or disapproval of special uses and pro- grams using downtown streets, sidewalks or malls; (g) To recommend to the city council such new legislation as it may deem in harmony with its function and the matters given to it for administration, and also to recommend revisions of existing legislation affecting the Commercial Core and Lodging Area's condition, development and administration, as it shall deem advis- able for the protection of the public health, safety and welfare; (h) To perform such other duties as the city Council may from time to time by ordinance or otherwise impose upon it. section 4. Appeals. Any person aggrieved by any action of the Commercial Core and Lodging Commission may appeal such decision or order to the City Council within thirty (30) days from the date of the decision or order appealed from. An appeal is perfected by filing notice thereof with the city Clerk. Such notice shall contain an appropriate reference to the decision Or 5 E'" \" o , 'a. ~"" ~ ~ , u""m,., i ~ ~ order appealed from, and a duplicate copy of the same shall be forwarded by the city Clerk to the Chairman of the Commercial Core and Lodging Commission. If the City Council fails to provide the remedy prayed for, or any person is otherwise aggrieved by the action of the City Council on appeal, such person may appeal the action within thirty (30) days thereof in a court of record of competent jurisdiction. Review shall not be extended further than to determine whether the Commercial Core and Lodging Commission or City Council has exceeded its jurisdiction or abused its discre- tion. section 5. Rules of Procedure. A quorum for the transac- tion of business of the Commission shall consist of three (3) of the members. The Commission shall establish regular meetings and special meetings may be called by the Secretary of the Commission on the request of the Chairman or any two members, on at least twenty-four (24) hour written notice to each member of the commission provided that a special meeting may be held on shorter notice if all members of the Commission are present or have waived notice thereof. No business shall be transacted at any special meeting unless it has been stated in the notice of such meeting. All regular and special meetings of the Commission shall be open to the public except for executive (closed door) meetings as may be permitted by law. citizens shall have a reasonable oppor- 6 .,,'.',.,.," I \'~ . .- ~, \\ .,~ 6'_ ~. , \\. '<' tunity to be heard and all minutes and other records of actions of the Commission shall be made available to the public. The Commission shall adopt by-laws for the conduct of its business not inconsistent with this ordinance and shall adopt such rules of procedure as it deems necessary. section 6. Severability. 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 remaining portions thereof. section 7. Public Hearing. A public hearing on the ordinance shall be held on the /3~ day of (JZt-ILlU0'i! ' 199,:}., 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 9<:4..... day of )Liu~ , 1991. John ~), (}~ . Bennett, Mayor ATTEST: ,,~ Koch, City Clerk 7 ,.",1".',', [% \ '.. '.' r' ',<- . ';;' .. . . FINALLY adopted, ~~ passed and approved this I~ day of ATTEST: , 199k (jL 7, I}>-<--~ John S. Bennett, Mayor 8