HomeMy WebLinkAboutresolution.council.003-77RECORD OF PROCEEDINGS
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RESOLUTION NO. ~
(Series of 1977)
JOINT RESOLUTION OF CITY COUNCIL AND MALL cOMMITTEE
OF THE CITY OF ASPEN, COLORADO
WHEREAS, the City Council and the Mall Committee have
determined that certain criteria should be applied for review
of applications for expansion of restaurants and liquor licensed
premises on the Aspen Pedestrian Mall, and
WHEREAS, the City Council and the Mall Committee have
determined that efficiency and fairness in reviewing such extension
applications will be achieved if both bodies established identical
basic criteria in their review, and if they announce and publish
the same in a joint resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
AND MALL COMMITTEE OF THE CITY OF ASPEN, COLORADO:
1. That all owners of restaurants and liquor licensed
premises abutting the Aspen Pedestrian Mall (as it exists or
may be modified or enlarged) shall be eligible for extension
subject to compliance with the criteria enumerated below and
approval of the Mall Committee and City Council; provided that
nothing herein shall qualify the right of the City Council to
deny an extension at its discretion, compliance with the following
notwithstanding:
2. That all applicants must:
(a) Post extension applications upon the premises
in a conspicuous place for a minimum of one
week prior to the hearing on the application.
(b) Establish an extension area (i) not wider than
the mall frontage of the business extended,
(ii) without creating an island, (iii) extending
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not further than ten (10) feet from the property
line, and (iv) with the perimeters of the extension
boundary being angled at 45 on the outside corners,
with a minimum of 4' (ft.) dimensions on the legs
of the angles.
(c) Be open to the public at least seven (7) hours per
day between the hours of 9:00 A.M. and 8:00 P.M.,
but in no event shall food and beverage service be
extended beyond 10:00 P.M.
(d) Make food available in the leased area during all
business hours.
(e) Design an extension consistent (in the determination
of the :City Council, Planning Office and Mall Com-
mittee) with the general design guidelines and
design criteria of the mall and with all service
facilities, bus trays, hot plates, water dispensing
equipment and dish storage located indoors and not
on City leased premises.
(f) Agree to maintain and manage the extended premises and
to remove all structures, fixtures and equipment
by 10:00 P.M. each day and not replace such structures
fixtures and equipment until 9:00 A.M. of the followin~
day.
(g) Agree to (i) enter into a lease agreement with the
City of Aspen for a term of no more than one year
and pay a rental in advance equal to One (1) Dollar
per month per square foot of rental area per year
(it being understood that actual occupancy of the
rental area will be only dirng such months as weather
permits use) said lease may be renewed at the sole
option of the City for up to five additional
one year terms with
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rentals to increase at the rate of 6% at the
time of each such renewal), (ii) indemnify and
hold harmless the City of Aspen and to provide
acceptable insurance at the election of the
City Council, (iii) limit the use of the premises
to the sale of food and alcoholic beverages,
(iv) remove, at its expense, any structures
constructed on the leased premises on or before
October 1 of each year or in the event the
City of Aspen shall determine to make major
changes to the Aspen Pedestrian Mall which may
effect any structures placed on the mall by
the applicant, (v) permit the agents of the
City to enter upon the premises at any time
to inspect and make any repairs or alterations
to the sidewalks, curbs, gutters, streets,
utility poles, or other public facilities,
(vi) not sublet or assign the leased premises
without the prior written consent of the City
of Aspen, and (vii) notify the City of any
sale or other transfer of ownership of the
restaurant or liquor licensed premises.
(h) Comply with all local ordinances and applicable
state statutes including those regulating
liquor licenses.
3. That the City Council and Mall Committee reserve the
right to withdraw permission to extend or terminate any mall
extension lease on failure to continue to abide by the above
criteria or other conditions that may~po 'sed/~/~ther such
body.
Dated:
I, Kathryn S. ~iauter, duly appointed an--d~ actin~City
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Clerk, certify that the foregoing is a true and accurate copy
of a resolution adopted by the City Council at its meeting
held
, 1977.
Kathryn S.~iauter, City Clerk
Dated:
Chairman
Aspen Mall Committee
I, Ellen L. Atkins, do hereby certify that the fore-
going resolution was adopted by the Aspen Mall Committee at its
meeting held , 1977.
Ellen L. Atkins, Secretary
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