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Home My WebLink Aboutordinance.council.057-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 57 (Series of 1977) AN ORDINANCE ESTABLISHING A TEMPORARY MALL COMMISSION PENDING THE FINAL DISPOSITION OF THE MALL OR DECEMBER 31, 1980, WHICHEVER OCCURS FIRST; DESCRIBING THE COMPOSITION, TE~ AND QUALIFICATIONS OF COMMISSION MEMBERS; ~HEIR POWERS AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE MALL COMMISSION; AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE MALL COMMISSION IN EXERCISING ITS FUNCTIONS WHEREAS, the City Council wishes to define and constitute a Mall Commission making it a temporary commission to make eligible for appointment persons who need not be residents but who, by their interest in and concern for Aspen's pedestrian malls, present the most viable condidates for mall commission appointment, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Establishment of Temporary Commission. ?hat there is hereby established the Aspen Mall Commission for the City of Aspen, Colorado, for a term pending the final disposition of the Aspen Pedestrian Mall (as determined by the City Council) or December 31, 1980, whichever shall first occur. Nothing herein shall prevent the re-establishment of said Commission on or after December 31, 1980, by appropriate action of the City Council at its election. Section 2. Composition; Term; Qualifications. The Commission shall be constituted as follows: (a) The Mall Commission shall consist of seven (7) members. (b) All original one (1) year the commission, whichever is less), and made by the City Council. Nothing herein shall be construed to constitute an extension of the appointments shall be for a period of (or the balance of the term of RECORD OF PROCEEDINGS 100 Leaves term of the Commission beyond that provided in Section 1 hereof. (c) All members of the Commission shall serve at the pleasure of the City Council and may be removed by a majority vote of the whole City Council. There shall be no 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 City official shall serve on the Mall Commission. (e) There shall be imposed no age or residency requirement for membership on the Mall Commission, nor shall candidates for appointment be required to be qualified electors. Section 3. Powers and Duties. The Aspen Mall 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 Pedestrial Mall; (a) 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 adminis- tration, and also to recommend such new legislation affecting the pedestrian malls, their expansion, or regulation, as it shall deem advisable for the protection of the public health, safety and welfare; (b) To recommend to the City Council a budget for the maintenance, regulation, expansion and operation of the mall as it shall deem advisable for the protection of the public health, safety --2-- RECORD OF PROCEEDINGS 100 Leaves and welfare. (c) To issue permits for public social activities to take place upon the pedestrian malls, provided that nothing herein shall be construed to allow activities otherwise prohibited by law to con- stitute a grant of authority already vested in the City Council, City Manager, administrative officials, or other person, agency or Commission as determined by the City Council. It is intended by this grant that the Commission be the permit granting authority determining which public activities are most appropriate for the pedestrian malls but not to supercede any existing limita- tions or prohibitions otherwise provided by law; (d) To permit or deny use and occupation of a period of time less than seventy-three (73) hours in duration, on such terms as the Commission shall deem equitable, of the malls by private persons after review of any intended construction, alteration, remodeling or other action to be taken by the applicant, provided that nothing herein shall be construed to permit any such occupation without full compliance with existing municipal and state regulations; (e) After review, to make recommendations to the City Council relative to construction, alteration, remodeling or other actions proposed by private persons where such proposals would require occupation of City rights-of-way for a period of time exceeding seventy-two (72) hours duration; -3- RECORD OF PROCEEDINGS 100 Leaves (f) TO recommend to the City Council plans for the construction, reconstruction, repair, remodeling, design, and redesign of the Malls and recommend expenditures of appropriations to do the same; (g) 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 Mall 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 order appealed from, and a duplicate copy of the same shall be forwarded by the City Clerk to the Chairman of the Mall 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 with- in thirty (30) days thereof in a court of record of competent jurisdiction. Review shall not be extended further than to determine whether the Mall Commission or City Council has ex- ceeded its jurisdiction or abused its discretion. Section 5. Rules of Procedure, Generally. A quorum for the transaction of business of the Commission shall consist of four (4) 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 -4- RECORD OF PROCEEDINGS 100 Leaves 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 are permitted by law. Citizens shall have a reasonable opportunity 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 procedures as it deems necessary. Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 7. Public Hearing. A public hearing on the ordinance shall be held on ~~-L~ /~ , 1977, at 1:00 P.M. 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, Colorado, at its / regular meeting held at the City of Aspen on the~ day of ATTEST: Kathryn S ~Hau%er City Clerk -5- RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved on the , 1977. day of ATTEST: ~tt~rcY~eSr~ Hauter Stacy Stand~ey III Mayor RECORD OF PROCEEDINGS 100.'Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on ~C~L~J ~,~, 197~_, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its ~ ~ c~ , 197 ?, and was finally adopted issue of and approved at a regular meeting of the city Council on ~ /~, 197 ~, and ordered published as Ordinance No. ~____, Series of 197~....., of said City, as provided by law. IN WIT~SS W~P~OF, I have hereunto set my hand and the seal of said City of Aspem, Colorado, this~/~ day of ~, 1977 . Kathryn S.~auter, City Clerk