HomeMy WebLinkAboutresolution.council.015-76RECORD OF PROCEEDINGS
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RESOLUtiON NO.
(Series of 19~6)
JOINT RESOLUTION OF CITY COUNCIL AND MALL COMMISSION
OF THE CITY OF ASPEN, COLORADO
WHEREAS, the City Council by its Ordinance Number 8,
Series of 1975, established the Aspen Mall commission as a
temporary commission, and enumerated certain powers and duties
of the commission, and
Section 4(e) of said ordinance authorizes
WHEREAS,
the commission:
"(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," and
WHEREAS, the Mall Commission has promulgated criteria
for its review of extension applicants when proposals are made
for expansion of restaurants and liquor licensed premises on
to Aspen Pedestrian Mall, and
WHEREAS, the Mall Commission and City Council have
determined that efficiency and fairness in reviewing 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 COMMISSION 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
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below and approval of the Mall commission 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) Avoid establishing structural boundaries to
define the extended restaurant area or liquor
licensed premises, but in lieu thereof, define the
limits of the extension with one or more of the
following methods:
1. Change in surface material
2. Moveable planters and objects
3. Any other non-permanent method that conforms
to the design criteria established by the mall
architects.
(b) Establish an extension area (i) not larger than
one-third (1/3) of the existing food service seating
capacity of the business extended, (ii) not wider
than the mall frontage of the business extended,
(iii) without creating an island, and (iv) extending
not further than ten (10) feet from the property line;
provided, however, applicants may extend up to twelve
feet with the approval of the Aspen Fire Marshall.
(c) Be open to the public at least seven (7) hours
per day between the hours of 10 A.M. and 8 P.M.,
but in no event shall food and beverage service be
extended beyond 10 P.M.
(d) Make food available in the leased area during
all business hours.
(e) Design an extension (i)
and planter boxes consistent
the City Council,
with furniture, fixtures,
(in the determination of
Planning office and Mall Commission)
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with the general design guidelines of the mall,
(ii) 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 twenty-four (24) hours per day.
(g) Agree to (i) enter into a lease agreement with
the City of Aspen for a term of not more than one
year and pay a rental in advance equal to Three
($3.00) Dollars per square foot of rental area per
year (which lease may be renewed for up to five
additional one-year terms with 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 at the expiration of the lease
period or in the event the City of Aspen shall deter-
mine 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
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or liquor licensed premises.
3. That the City Council and Mall Commission 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 be imposed by either
such body. ~
Dated: ~i~ ~ /~ ' Stacy~a ~ ~ /
~'Stacy andley II Mayor
I, Kathryn Hauter, duly appointed and acting City
Clerk, certify that the foregoing is a true and accurate copy
of a resolution adopted by the City Council at its meeting
held ~~ , 1976.
K~thryn ~. Hauter, City Clerk
Dated:
Chairman
Aspen Mall Commission
I, Ellen L. Atkins, do hereby certify that the fore-
going resolution was adopted by the Aspen Mall Commission at
its meeting held , 1976.
Ell'en L. Atkins, Secretary
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