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HomeMy WebLinkAboutordinance.council.057-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~l (Series of 1974) AN ORDINANCE ESTABLISHING THE ASPEN MALL COMMISSION; DESCRIBING THE COMPOSITION OF THE COMMISSION, THE TERMS AND QUALIFICATIONS OF ITS MEMBERS; LISTING THE POWERS AND DUTIES OF THE COMMISSION; ALLOWING APPEAL OF COMMISSION DETERMINATIONS BY PERSONS AGGRIEVED BY THE SAME; AND PRESCRIBING GENERAL RULES OF PROCE- DURE FOR THE COMMISSION. WHEREAS, the Aspen City Council in its Ordinance 20, Series of 1973, did establish a Mall Committee to offer recommendations to the City Council for the design, maintenance and operation of the Aspen Pedestrian Mall, and WHEREAS, the City Council wishes to expand the perogatives of the Committee by establishing a Mall Commission to exercise functions other than as a reviewing and recommending agency, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Establishment of Commission There is hereby established a Mall Commission for the City of Aspen, Colorado, which enactment shall supercede all provisions of Section 7 of Ordinance 20, Series of 1973, inconsistent herewith. Section 2. Composition; of the City of Aspen, term; (~ualifications The Commission shall be composed as follows: (a) The Mall Commission shall consist of ten (10) members, at least five (5) of which shall be owners or lessees of commercial property abutting the pedestrian mall, as it shall exist at any given time. RECORD OF PROCEEDINGS 100 Leaves (b) Ail appointments of two (2) Council. contrary, shall be for a period years and made by the City Nothing stated herein to the initial appointments shall be made so that five (5) members shall serve for an initial term of one (1) year and five (5) for a term of two (2) years so that members' terms shall be overlapping. Thereafter, each member shall be appointed to serve a term of two (2) years. (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) All members of the Commission shall have been residents of the City for at least two (2) years and shall be qualified electors, and no member of the City Council, Mayor, city employee, nor any appointed city official shall serve on the Mall Commission. 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 Pedestrian Malls; (a) To recommend to the City Council such new legislation as it may deem in harmony with -2- RECORD OF PROCEEDINGS 100 Leaves (b) (c) (d) its functions and the matters given to it for administration, and also to recommend such new legislation affecting the pedes- trian malls, their expansion, reduction, or regulation, as it shall deem advisable for the protection of the public health, safety and welfare; To request funds, make a budget therefore, and, upon adoption of appropriations by the City Council, to make expenditures as provided for in its budget; To appoint a Mall Coordinator to exercise such functions and authorities as the Commission may establish, provided that there shall be no unlawful delegation by the Commission of its duties and powers as herein contained; 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 or to constitute a grant of authority already vested in the City Council, City Manager, administrative officials, or other person, agency or Commission. It is intended by this grant that the Commission be the permit granting authority determining which public acitivi- ties are most appropriate for the pedes- trian malls but not to supercede any existing limitations or prohibitions otherwise provided by law; -3- RECORD OF PROCEEDINGS 100 Leaves (e) To permit occupation, 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 construction without full compliance with existing municipal and state regulations nor to permit occupation of City rights- of-way without prior approval of the City Council; (f) To administer the construciton, reconstruction, repair, remodeling, design, redesign and maintenance of the Malls and to expend appropriations to do the same; (g) To grant franchises for commercial vending within the mall upon terms as the Commission shall deem appropriate provided such activity is not otherwise prohibited by law; and (h) To perform such other duties as the City Council may by ordinance from time to time 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, as -4- RECORD OF PROCEEDINGS 100 Leaves 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 within 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 exceeded its jursidiction or abused its discretion. Section 5. Rules of procedure, generally A quorum for the transaction of business of the Commission shall consist of five (5) 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 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 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 -5- RECORD OF PROCEEDINGS 100 Leaves and shall adopt such rules of procedure as it deems necessary. Section 6. Severabilit¥ 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 applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 7. Public Hearing A public hearing on this ordinance shall be held in the City Council Chambers, City Hall, Aspen, Colorado, on , 1974 at 5 P.M. INTRODUCED, -.READ, APPROVED AND ORDERED PUBLISHED by the Aspen City Council at its regular meeting held , 1974. ATTEST: Stacy Standley III Mayor Lorraine E. Graves City Clerk RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED ~D APPROVED on the day of , 1974. ATTEST: Stacy Standley III Mayor Lorraine E. Graves City Clerk