HomeMy WebLinkAboutresolution.council.016-75RECORD OF PROCEEDINGS
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RESOLUTION NO.
(Series of 1975)
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
WHEREAS,
commission:
"(e)
Section 4(e) of said ordinance authorizes the
After review, to make recommendations to
the City Council relative to construction,
alteration, remodeling or other actions pro-
Dosed 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 restaurant extension applicants when proposals are
made for expansion of restaurants on to Aspen Pedestrian Mall,
and
WHEREAS, the Mall Commission and City Council have deter-
mined that efficiency and fairness in reviewing extension applic-
ations will be achieved if both bodies establish identical basic
criteria in their review, and if they announce and publish the
same in a joint resolution,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND
MALL COMMISSION OF THE CITY OF ASPEN, COLORADO:
I. ?hat all owners of restaurants 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 enumberated below and approval of the Mall
commission and city Council; provided that nothing herein
shall qualify the right of
tension at its discretion,
withstanding.
the city Council to deny an ex-
compliance with the following not-
That all applicants must:
(a) Avoid establishing structural boundaries to
define the extended restaurant area, but in
lieu thereof, define the limits of the
restaurant extension with changes in surface
material, noveable planters and objects, and
(b)
changes in terrain.
Establish a restaurant
greater than one-third
area (i)not
(1/3) of the existing
food service seating capacity of the restaurant
extended, (ii) not wider than the mall frontage
of the restaurant extended, and (iii) with-
out creating an island except that an island
may be created if a minimum public access of
not less than six (6) feet in width is maintain-
ed between the front property line of the
restaurant and the nearest point of the island
created.
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(c)
(d)
(e)
(f)
Be open to the public at least seven (7) hours
per day between the hours of 10 A.M. and 8 P.M.
or, in the alternative, if the applicant cannot
provide seven (7) hours of food service per
day, the applicant must agree to remove all
furniture and food service/facilities/equipment
during all hours when the business is not open.
Must make one-half (1/2) of their gross receipts
from the sale of food.
Design an extension (i) without fences, (ii) with
furniture, fixtures and planter boxes consistent
Planning office
(in the determination of the city Council/and
Mall Commission) with the general design guide-
lines of the Mall, (iii) clearly defining a
convenient transitional walkway from one side of
the restaurant area, around the restaurant area,
and back to an existing sidewalk, and (iv) retain-
ing all service facilities, bus trays, hot plates,
water dispensing equipment and dish storage in
areas enclosed on three (3) sides and top when in
use, and totally enclosed when not in use.
Agree to maintain and manage the extended pre-
mises twenty-four (24) hours per day.
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 equal to Three ($3.00) Dollars
per square foot of rental area per year (in ad-
vance), (ii) indemnify and hold harmless the
city of Aspen and to provide acceptable insur-
ance at the election of the ctiy 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
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at the expiration of the lease period 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 sub-
let 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 trans-
fer of ownership of the restaurant.
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: /~ . /3 / /~5- /--/----~_.,~ .... _~__ -~_. _
~. / S~a~ ~ano£ey III, M~
I, ~athryn Hauter, duly appoi~ed and acting cit~-Cyerk,
certify that the foregoing is a tr~e and accurate copy of a
resolution adopted by the City Council at its meeting held
Kathryn ~ter, City Clerk
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Chairman
Aspen Mall Commission
I, Susan B. Smith, do hereby certify that the foregoing
resolution was adopted by the Aspen Mall commission at its
meeting held -~.~ ~ , 1975.
Susan B. Smith
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