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HomeMy WebLinkAbout05-19-1999 I COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITY ROOM - CITY HALL MAY 19, 1999 8:30 I. Roll call and approval of May 5, 1999 minutes. 8:45 II. Commissioner Commen~ ~ c;J..O- d) 30 - {/~_L3P 7 rn1p'J 9:00 III. Ed Sadler - Asset Manager - Newsrack Design Boulder design. Review of news rack ordinance J " 9:30 IV. Mission statement Mall Leases: Howling Wolf and Acme Bar & Grill 10:00 V. Adjourn , ~ NOTICE OF PUBLIC HEARING CASE: ALL MALL LEASE HOLDERS BEFORE THE CITY OF ASPEN COMMERCIAL CORE & LODGING COMMISSION TO ALL MALL LEASE HOLDERS; ADJACENT PROPERTY OWNERSILESSEES; CONCERNED CITIZENS A public hearing will be held May 19, 1999 in the Sister Cities meeting room of City Hall, 130 S. Galena, Aspen Colorado to approve or deny the following outside dining Mall Leases: Acme Bar & Grill and the Howling Wolf. All persons affected by the proposed Mall Leases are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to the mall leases. The Commercial Core & Lodging Commission will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request. Mall Lease holders must present a descriptive diagram of their tables, entrance, fence umbrellas and square footage at the meeting in order for the Commission to compilate all information and make a determination. Businesses making an application for a mall lease are required to transmit this notice to adjacent property ownersJlessees. Date and Time of Meeting: DATE: May 19, 1999 TIME: 9:30 a.m. The City of Aspen Commercial Core & Lodging Commission 130 S. Galena Street, Aspen, Colorado 81611 Jon Busch, Chairman Kathleen Strickland, Chief Deputy Clerk ". ./ ~ ~ ""..- '''';-<1"""",, - 925-7464 11' ~ --- 0 '" Cl\(\l ~ \ I -t :--\ I'" r-N ""'" ,.... \Ii) "\ ~\ ~ ~'\)~ ~~~ 1 '" "I ~€'\~ '" " '" s: '- .;> t:. f\. "-l - ~7CJ srf+. , ..... , , {/ t ,I ~ .... u, .p , 0 ~~ ..\~m ~ (5 ..p C1\ ";:D O:ll ~:!>~ ::;;1 ~~ "101'" t; c ~ b 424 E. Cooper Aspen, Colorado 81611 -\ 920-4242 I _:_____ c:~~,lrf7 ~L' ,- .t%~~~ ~ . -r.~~~ ~ D-:;z., ~~> ~ D.k.~ ~, p~ The Happy Road Corp. . Ed Adelson. 316 S. Mill St.. Aspen. CO 81611. Phone (970) 925-1795. Fax (970) 925-8359 ~I ASPEN SPORTS ASPEN'SNOWMASS ACME BAR & GRlLL 320 S. MILL STREET ASPEN CO 81611 DEAR TED, PLEASE RECEIVE 1HIS LETER IN RESPONSE TO YOUR REQUEST FOR CONSIDERATION OF EXPANDING YOUR OUTSIDE SEATING ON MILL ST. NEITHER ASPEN SPORTS, NOR THE NORTH FACE SUMMIT SHOP HAS ANY SIGNIFICANT CONCERNS WI1H THE MOVEMENT OF YOUR ENTRANCE GATE 1HREE (3) FEET TO 1HE SOU1H OF ITS PREVIOUS POSITION. WE REALIZE THAT YOU WILL BE PLACING AN ADDITIONAL TABLE ON 1HE WAGNER PARK (WEST) SIDE OF 1HE ENCLOSURE. HOWEVER, WE MUST REQUEST THAT OUR WINDOW AREA BE KEPT TOTALLY CLEAR, AND THAT NO TABLES, CHAIRS OR STANDS BE PLACED AS TO OBSTRUCT 1HE CUSTOMERS VIEW FROM THE WEST. THANK YOU FOR 1HE NOTIFICATION REGARDING THIS CHANGE, AND THE OPPORTUNITY TO COMMUNICATE OUR CONCERNS. BEST WISHES FOR A GREAT SUMMER. REGARDS, ~w~ BRYAN WIGHT ASPEN SPORTS DIVISION MANAGER SKI IT. SHRED IT. JUMP IT. CARVE IT. RIDE IT. CLIMB IT. BlADE IT. CATCH IT. GRIP IT. RENT IT. GET IT. .\~;? :::-J : ~T" 7--: "j.-- at ASPEN SNOWMASS 408 EAST COOPER AVENUE COLORADO 81611 (303) 925-6334 FAX: (303) 925-2755 Ml5 .J'fic ;Juj.tr~n~-e , p E ~ Sunday, April 18, 1999 City of Aspen Attn: Kathy Strickland CitvHall Aspen, CO 81611 To Whom It May Concern: As I will be out of town for the next six weeks, I would like to voice my opinion in case the subject arises while I am away. I live exactly adjacent (behind) the Flying Dog Brew Pub and am totally against another pub, night club, or any establishment that stays open late, plays loud music, and serves liquor. I am one of Ihe few downtown '~sidents that has lasted for thirteen years surrounded by many noisy night clubs and am sternly against the Jwling Wolf moving in next door. I think there are too many night clubs, restaurants and bars in the downtown drea already. Thank you in advance for your attention to this very important matter. Sincere y, ~fttle~ of The Residence Hotel 305 South Galena Street..,., Aspen, Colorado 81611 ..,., Telephone 970.920.6532 ..,., Facsimile 970.925.1125 http://www.aspenlg.com/residence .x> E-mail: residence@sopris.net ORDINANCE NO. -19 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENWOOD SPRINGS, COLORADO, AMENDING THE MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF NEWSRACKS LOCA TEn ONPUBLlC PROPERTY. WHEREAS, the City of Glcnwood Springs OWIlll certain real property, including sidewalks, parking areas, streets and other improvements; and WHEREAS, the primary intended u~e of this property and other publicly owned property is the movement of people, and the City considers these properties and its interest therein to be valuable assets, which it intends to control by regulation and not appropriated by private enterprise; and WHEREAS, the City has an obligation to the public to ensure reasonably unobstructed passage over City-owned and other publicly owned property in a clean, safe and orderly manner; and WHEREAS, the City has an interest ill the aesthetic design of any impruvemenLs on its and other publicly owned properties; and WHERl::AS, inappropriately located or designed newsracks can pose a signifiC<.Ult hazard and annoyance to pedestrians, abutting landowners, vehicles and the maintenance of public imprnvemenL~; and WHEREAS, inappropriately located or designed newsracks can negatively impact the aesthetics of City-owned and other publicly owned property; and WHEREAS, thc uncontrolled construction, placement and maintenance ofnewsrack~ unreasonably interfere~ with the public's right to safe and unobstructed passage and tends to physically and visually clutter thc public rights-or-way and requin:d setbacks; and WHEREAS, such newsrack placemcnt, construction and maintenance must meet certain requirements oflocation and design in relation to the aesthetics and other uses of the City-owncd and publicly owned properties; and WHEREAS, the City's downtown district is a particularly congested and important area that requires both an aesthetically pleasing and functional design, as well as the regulation of the use of City-owned and other publicly owned property; ond WHEREAS, the City clUTcntly regulates the use of downtown area sidewalks by non- motorized traffic in order to provide an orderly and safe area for pedestrians and motorized traffic; and WHERJ::AS, the City has endorsed and contributed heavily to the improvement and beautification of the downtown area to create an acsthctically pleasing and harmonious street scape thaI also timctions safely and efficiently; and WHEREAS, the use of streets for commercial enterprise has historically been striclly limited to preserve the streets for public purposes, regulate aesthetics and efficiency, and 10 avoid the appropriation of public property for private interesl~; and WHEREAS, distribution of newspapers through newsracks has been a l~mited ex.ception allowed in the downtown district in order to accommodate the convenient dissemination of the . news to encourage and inform the citi;renry; and WHEREAS, the City finds that materials distributed through newsracks have other channels of distribution including. but not limited to, home or office distribution, personal delivery, newsstands on private propeny and at retail outlets; and WHEREAS, the City has no intention of regulating the content of publications distributed through newsracks that is protected hy the First Amendment to the United States Constitution and by the Constitution of the State of Colorado; ilml WHEREAS, the City does not intend to impose any prior restraints on materials protected by the First Amendment; IInd WHEREAS, the City believes that certain exiltting newsrack locations outside of the downtown business district and on City-owned or other publicly owned property should be IIllowed to continue in operation and have a period within which to comply with the design guidelines of this urdilWIlce; and WHEREAS, the City finds that ccnain existing ncwsraeks in the downtown business district that do not comply \\ith the provisions Dfthis ordinance and should be removed or brought into compliance within a reasonable time, as appropriate under this ordinance; and WHEREAS, the City finds the following n:guliltiuns of time. place and manner as they relate to ncwscacks on City-owned and other publicly owned propeny to be an appropriate balance of the compelling govenunental interests of public safety, health. aesthetics and public ownership with the competing interests of !Tee speech. NOW, TllliREFORE, BE IT ORDAINED BY THE CITY COUNCIl.. OF THE CITY Of GLENWOOD SPRINGS, COLORADO, THAT: Section 1. A new Article 090.070, entitled "Newsracks", is hereby added to the 2 Glcnwood Springs MWlicipal Code to read as follows: "Article 090.070. New'Tacks. 090.070.010. New'Tacb re~ulatcd. It shall be unlawful to place or maintain a newsrack on property owned by the City of Glenwood Springs or on othcrpublicly owned sidewalks without complying with the provisions oflhis article regulating size, color, maintenance. location. and liability. 090.070,015. Definition. For the purpose of this article, "nc:wsrack" means any outdoor sel f-service or coin- oper4ted container, rack or structure used or maintained for the distribution of newspapers, news periodicals or other printed material. 090.070.020. Newsraeks allowed only in specified areas. A. Newsracks on eity-owned property or on publicly-owned sidewalks shall he lawful within thc general improvement district ("GID"), as it i.~ defined and amended by ordinance from time to time, at the six (6) locatiDns cunently in use on the elTective date of this ordinance and in the size and color specified herein. Such locations are as follows: L 9th Street and Colorado (Post Office); 2. 9th Street and Grand Avenue (Northeast comer); 3. 8th Street and Colorado (County Building); 4. 8th Street and Grand Avenue (Southwest comer); 5. 8th Street and Cooper Avenue (Northwest comer); and 6. 10th Street and Grand A venue (Southeast comer). B. Outside the GID. those existing newsracks lhal substantially conform to the provisions of this chapter may remain in their present IDeations subjecttll other relevant provisions of this chapter. 090.070.025. Ncwsraek !ITleeilieations. Anyone desiring to use, operate, place or maintain newsrneks on city-owned property or publicly-owned sidewalks located in the City's Gill shall provide, at his expense. an adequate number of K-4916 or K-I 00 modular rolCks with pedestals to house his publications. All such racks shall be beige in color only. All uther new~T4cks lucated outside the OlD and on eity- owned property or publicly-owned sidewalks may continue without restriction. 3 090.070,030. Maintenance ofnewsraclcs. Anyone using, opI.T"ting, placing or maintains a newsrack on city-owned prop"tty or publicly-owned sidewalks shall be responsible for the maintenance and upkeep of hislher respective racks. Such maintenance shall include, but nDt be limited to, painting, disposing of trash and debri.~ in the vicinity of the newsrack, working operatiDIl, and adequate anchorage. Failure to adequately maintain any ncwsrack resulting in failure to comply with the aesthctic intentions and goals oflhis ordinance shall subject the affected newsrdCk(s) to removal by the City. 090.070.035. Hold harmless. Anyone owning, maintaining. placing, using or leasing a newsrack on city-owned property or publicly-owned sidewalks shall indemnify, defend and hold the City and its o11icers and employees harmless lor any loss or damage, including attorneys' fces, arising oul or the use, placement, maintenance, or leasing Df such newsrack(s). 090.070.040. Insurance reauirement~_ Anyone owning, placing, Icasing, using or maintaining a newsrack on city-owned prOpt:rLy or publicly-owned sidewalks shall maintain liability insurance with a company insuring against all liability thatlhe owner, leSlior, or user of the newsrack may incur by virtue ofthc placement, care, use, operation and existence ofthe newsrack. Such insurance shall have limits as required by the Colorado Govenmll.:ntallmmunity Act to protect the City from any and all liability associated therewith. The insurance shall name the City as an additional insured and shall not be cancelable without thirty (30) days prior wiiUen notice to the City. In lieu of such insUlllllce, a waiver of such insurance may be obtained from the director of community development upon a showing. acceptable to the city attorney. that such person has sufficient unencumbered assets available for attachment and execution to satisfy any judgment that wDuld be rendered against it up to and includini $300.000. Evidence of insurance or evidence of sufficient assets, as thc case may be, shall be provided to the director of community development on an annual basis. Failure to comply with this provision of the ordinance will subject the newsrack to immediate removal by the City. 090.070.045. Location restrictions. No newsrack shall be located adjacent tll any mailbox, po~"t, pille, W<lter feature, an or monument. or adjacent to or within any raiscd plantcr. except when pedestrian circulation space between such items and the newsrack is not needed and sufficient space for maintenance of such ilems and new~1'7l.cks is provided or in a manner that WlSafely: I. impedcs or interfcres with the reasonable use of a crosswalk, display window or building entrance; 4 ....,.1- 2. impc:<ks or intaferC::i wilh lhl: n:WiOnabll: use of any bench, trash receptacle, bicycle rack, driveway, alley, or hus shelter; 3. interferes with the reasonable use of any fire hydrant. trallie signal box. or other emergency facility; 4. impairs or interferes with pedestrian traffic; 5. interferes with or impairs the vision of operdtors of vehicles at streel intersections; 6. reduces the clear. unimpeded sidewalk width to: (a) ten (10) feet on sidewalks over lwelve (12) feet in width; Or (b) less than thrce-quarters (3/4) orthe width of the sidewalk on sidewalks less than twelve (12) feet, with a folD' (4) foot minimum. In determining an unimpede:d sidewalk, features such as fire hydrants or similar structures shall be considered. 090,070.050. Location cham!l:s. So long as the provisions of this chapteT an: complied with, newsracks may be allowed at additionalloealions within the GlD upon the approval (lfthe City lIlId after considering the safe:ty aspeets of sueh m:w lucalion outlined in prior sections herein. Should the: City fail to approve any new location request, it shall inform the requestor of its decision in writing giving the specific reasons for such non-approval, 090.070.055. RiQhts !!rllJlted. The: approval of any location for use as a newsrdCk shall not be construed as granting the uSt..,. any right or interest to or in the property owned by the City. The: right, l.'Tllnted by this chapter arc merely a license to use the property for permitted p1l1poses, su~iect to the provisions ofthiscbapter. 090.070.060. Anehorl\lle ofnewsraeks. Newsracks shall be anchored with bolts to the sidewalk at their respective siles. Newsracks may not be anchored to trees, posts or poles with chains. rope, cable or otherwise:. The permittee shall be responsible for any damage: or rCJTdies caused or necessitated by the removal or installation of any ne:wsrack to bring the site to its original condition, ordinary wc:ar and tear excepted. 090.070.065. Non-emerl!encv newsraek removal. A. Notice. If at IIIIY time it is determined by the City that a ncw~Tack is not in complianeewilh the requin:ment~ of this chapter, a "Notice oflntcnt to Remove" shall he issued, 5 1-.-- in writing, and affixed to the affected newsrack_ Such nOlice wi 1\ slale the violation or violations that constitute the basis of thc proposed removal. The nOlice shall contain the date, time and place for hearing 10 be held before removal. B. Hearing. The hearing shall be held not less than ten (10) days aller the date of service of notice. Prior to the hearing, the newsrack owner or user may me a written response to the notice specifically setting forth the reason or reasons the newsrack should not be remDvcd. At the hearing, the director of community developmenl or his designee shall determine whether the newsrack complies with the provisions of Ihis chapter. Tn the event the director of community development or his designee determines the newsrack is not in compliance with this chapter. the ncwsrack shall be removed by tbe owner or user within ten (10) days or otherwise brought into compliance. If the newsrack is not removed, as required, the City may consider the newsrack abandoned, remove the newsrack, and dispose ofiL as it would other surplus property of the City. C. Appeal. Any decision or order may be appealed to the Board of Adjustmenls and Appeals. Any appeal shall be filed in writing within ten (10) days after the decision of the director of communily development or his designee and shall specify the basis fDr the appeal. The Board shall consider the aP}'leal based on Ihe written submissions only. 090.070.070. Emenzeney newsrack removal. A, RemovaL In the event that it is determined by the City that the location or opcrdtion of the ncwsrack constitutes an immediate physical threat to public life, safety or health, the newsrack may be removed by the City immediately without any prior notice or hearing. This provision shall not be enforeed in any way relaled Lo the eonlenl or expressions of the material distributed by the newsrack. B. Notice and hearing. In the event of such an emergency removal, the City shall immediately contal..1 the newsrack's owner or user, if known. and inform the representative of the removal and the reason(s) therefor. Ifrequested by the representative, the City shall hold an inunedillte hearing before the director of community development or his designee to determine whethCT or nOllhe removed new~'Tack constituted an inunediale threat to the public's life, safety and health. In the evenl thallhe direcLor or community development lIr his designee determines Ihallhe newsrack did nol constitute such an inunediate threaL.lhe City shall immediately. at its own expense, replace the newsrack 1.0 its original localion. In the event thaL no immediate hearing is requested by the newT'<lck's owner .or user, II hearing as provided in Section 090.070.065 above shall be held, C. Appeal. Any decision or order may be appealed to the Board of Adjustment and Appeals. Any appeal shall be filed in writing within ten (10) days after the decision of the director of eommwlity development or his designee and shall specify the basis for the appeal. The Board shall consider the appeal based on the written submissions only. 6 .1- 090.070.075. Unauthori....ed ncwsracks. Any newsrack Dll city-owned properLy or publicly-owned sidewalks. except those that comply with the regulations of this chapter, shall be impuunded by the City without prior notice or hearing. The City shall take rClL~onable efforts to dClcrmine the owner of tbe newsrack and shall notify the owner of the impoundment. The uwner of any impounded newsr<lck shall be responsible for the expense of removal and storage of such newsrack. If the owners fails to reclaim the impounded newsrack and pay the expenses ofremDval and storage within thirty (30) . days after notice of impuundment, the newsrack may be deemed unclaimed property and may be disposed of in the same manner as other unclaimed or surplus City property. 090.070.080. Non-complving desilms within the Gene....! Tmnmvc=ent OisLrict. Newsracks located or to be located in the GID must comply with the provisions of this llrdinanee no later than SepLember 1, 1998. Failure Lo comply by this date will result in the immediate removal and disposal of any non-complying ncwsrack by the City_" Section 1. If any section, subsel.1ion, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisiDn shall not al1ect the validity ofthc remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance. and each section. subsection, sentence, clause, and phrase hereo r, irrespective of the fact that anyone or more of the sections, subsectiuns, sentences, clauses, or phrases hereDf be declared invalid or unconstitutional. INTRODUCED, READ AND PASSED ON FTRST READING, ORDERED PUBLISHED IN FULL TmS~DAY OF ....lJ::1~ ,1998. CITY OFGLF.NWOOn SPRINGS, COLORAOO ~ am kramstad, Mayor f ATTEST: r'/'~1-- ~~~R ~C7~ RO~ S. Clemons, City Clerk 7 INTRODUCRD, READ ON SECOND READING, APPROVED, AND ORDERED PUBUSHED BY TITLE ONLY TO BE~FFECTIVE TEN DAYS FOLLOWING THF. DATE OF SF.COND PUBUCA110N THIS 'f - DAY 01' ~ UN€.. _._' 1998 CITY OF GLENWOOD SPRINGS. COLORADO ~~ A TrEST: ~~':I/:~~ .OC~~- Robin'S. clcn1on:>, City Clerk c~~~-- {~'h1 A- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF NEWSRACKS LOCATED ON PUBLIC PROPERTY WHEREAS, the City of Aspen, Colorado, owns certain real property, including sidewalks, parking areas, streets, and other improvements, and WHEREAS, the primary use of this property is the movement of people, and the City considers these properties and its interest therein to be valuable assets, which are intended to be controlled by appropriate regulations and which are not intended to be appropriated by private enterprise, and WHEREAS, the City has a responsibility to the public to ensure reasonably unobstructed passage over City and publicly owned property in a clean, safe, and orderly manner, and WHEREAS, the City has an interest in the aesthetic design of any improvements on City and publicly owned properties, and WHEREAS, inappropriately located or designed newsracks can pose a significant hazard and annoyance to pedestrians, abutting landowners, vehicles, and maintenance crews of the public improvements, and WHEREAS, inappropriately located or designed newsracks can negatively impact the aesthetics of City and publicly owned property, and WHEREAS, the uncontrolled construction, placement, and maintenance of newsracks unreasonably interferes with the public's right to safe and unobstructed passage and tends to physically and visually clutter the public rights-of-way and required setbacks, and WHEREAS, such newsrack placement, construction, and maintenance must meet certain requirements of location and design in relation to the aesthetics and other uses of the City and publicly properties, and WHEREAS, the City's downtown district is a particularly congested and significant area that requires both an aesthetically pleasing and functional design, as well as the regulation of the use of City and publicly owned property, and WHEREAS, the City currently regulates the use of commercial core sidewalks by non- motorized traffic in order to provide an orderly and safe area for pedestrians and motorized traffic, and WHEREAS, the City has endorsed and contributed heavily to the improvement and beautification of the downtown area to create an aesthetically pleasing and harmonious "-""'c:i:;"f'l;;;i~ ;1 VV4h~-t\ fJ1~ JlzJ WHEREAS, the use of streets for commercial enterprise has historically been limited to preserve the streets for public purposes, to regulate aesthetics and efficiency, and to avoid the appropriation of public property for private interests, and WHEREAS, the distribution of newspapers through newsracks has been a limited exception allowed in the downtown district in order to accommodate the convenient dissemination of the news to encourage and inform citizens, and WHEREAS, the City finds that materials distributed through newsracks have other channels of distribution, including home or office distribution, personal delivery, newsstands on private property and through retail outlets, and WHEREAS, it is not the intent of the City to regulate the content of publications distributed through newsracks, which is protected by the First Amendment to the United States Constitution and by the Constitution of the State of Colorado, and WHEREAS, the City does not intend to impose any prior restraints on materials protected by the First Amendment, and WHEREAS, the City finds that certain existing newsrack locations in the commercial core do not comply with the provisions of this ordinance and should be removed or brought into compliance within a reasonable time, as outlined in the ordinance, and WHEREAS, the City believes that existing newsrack locations outside of the commercial core, which are located on City or other publicly owned property, should be allowed to continue in operation and have a specified period of time within which to comply with the design guidelines of this ordinance, and WHEREAS, the City finds that the following regulations of time, place, and manner relating to newsracks on City owned and other publicly owned property are an appropriate balance of the compelling governmental interests of public safety, health, aesthetics, and public ownership and the competing interests of free speech. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section I. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new chapter, 21.36 Newsrack Regulations, which shall read as follows: 21.36 Newsrack Regulations 2 Anyone desiring to use, operate, place r maintain newsracks on City or publicly owned property or sidewalks located in th ommercial core shall provide, at hislhet own VI ~ expense, an adequate number of -. ~) modular racks.w.ith p-f80IM~ to........... I r< 0\ . house hislher publications. All such racks sir all be (c or;) in color only. All other ) 1 \ newsracks located outside the commercial core and loc ted on City or publicly owned property or sidewalks may continue without restriction. (Do you want CCLC approval before installation or an annual license arrangement?) U-flz(Z /i -/6' k l 21.36.010 Newsracks regulated. __ ~ ,y \ rAr--- .~ I'1Czl [t shall be unlawful to place or maintain a newsrack on property owned by the City of Aspen or on other publicly owned sidewalks without complying with the provisions of this chapter regulating size, color, maintenance, location, and liability. 21.36.020 Definition. For the purpose of this chapter, "newsrack" is defined as any outdoor self-service or coin-operated container, rack, or structure used or mainta\Qed .~or the distribution of newspapers, news periodicals, or other printed material. : at> UlZ.t /~ /26-z.c l' J Ilc~ ~ 21.36.030 Newsracks allowed only in specified areas. A. Newsracks on city or publicly owned property or sidewalks shall be lawful within the commercial core, as is defined and amended by ordinance from time to time, at the locations and in the size and color specified herein. Specifically, the locations are as follows: (Insert specific locations here) B. Outside the commercial core, the existing newsracks that substantially conform to the provisions of this chapter may remain in their present locations subject to the other relevant provisions of this chapter. (Note: you may want to make specific locations). 1pff'vff'-f/ 21.36.040 Newsrack specifications. to 21.36.050 Maintenance of newsracks. Anyone using, operating, placing or maintaining a newsrack on City or publicly owned property or sidewalks shall be responsible for the maintenance and upkeep of hislher respective racks. Such maintenance shall include painting, disposing of trash and debris in and around the newsrack, keeping the newsrack in a working condition, and adequate anchorage. Failure to adequately maintain any newsrack, which results in a failure to meet the aesthetic intentions and goals of this ordinance, shall subject the affected newsrack(s) to removal by the City. 3 21.36.060 Hold harmless. Anyone owning, maintaining, placing, using, or leasing a newsrack on City or publicly owned property and sidewalks shall indemnify, defend, and hold the City and its officers and employees harmless from any loss or damage, including attorneys' fees, arising out of the use, placement, maintenance, or leasing of such newsrack(s). 21.36.070 Insurance reqUirements'~-f/ Anyone owning, placing, leasing, using, or maintaining a newsrack on City or publicly owned property or sidewalks shall maintain liability insurance covering all liability that the owner, lessor, or user of the newsrack may incur by virtue of the placement, care, use, operation, and existence of the newsrack. Such insurance shall have limits as required by the Colorado Governmental Immunity Act to protect the City from any and all liability associated therewith. The insurance shall name the City as an additional insured and shall not be cancelable without thirty (30) days prior written notice to the City. Evidence of insurance shall be provided to the City Clerk's Office on an annual basis. Failure to comply with this provision shall subject the newsrack to immediate removal by the City. (Note the Glenwood ordinance allows a waiver of this provision if the owner has sufficient assets to execute against. I believe simply requiring insurance, which should not be that expensive, is a better approach.) 21.36.080 Location restrictions. No newsrack shall be located adjacent to any mailbox, post, pole, water feature, art, or monument, or adjacent to or within any raised planter, except when pedestrian circulation space between such items and the newsrack is not needed and sufficient space for maintenance of such items and newsracks is provided. No newsrack shall be located in such a manner that it unsafely: A. Impedes or interferes with the reasonable use of a crosswalk, display window, or building entrance, or B. Impedes or interferes ..yith the reasonable use of any bench, trash receptacle, bicycle rack, driveway, alley, or bus shelter, or C. Interferes with the reasonable use of any fire hydrant, traffic signal box, or other emergency facility, or D. Impairs or interferes with pedestrian traffic, or E. Interferes with or impairs the vision of operators of vehicles at street intersections, or F. Reduces the clear, unimpeded sidewalktINi1ItI.. (J-:~ I C!;i~~ "- 1. Ten (10e .id(.",alks o'/er~el,;p (l~}fe~~th, or ~ 4 0."" In determining an unimpeded sidewalk, features such as fire hydrants and bus shelters shall be considered. 21.36.090 Location changes. As long as the provisions of this chapter are complied with, newsracks may be allowed in additional locations within the commercial core upon the approval of the City (or the CCLC) and after consideration of the safety aspects of such new locations. Should the City deny approval for a new location, the applicant shall be informed in writing of the specific reasons for the decision. 21.36.100 Rights granted. The approval of any location for use as a newsrack shall not be construed as a grant to the user of any right or interest to or in the property owned by the City or the public. Rights granted pursuant to this chapter merely constitute a license to use the property for the permitted purposes of this chapter. 21.36.110 Anchorage of newsracks. Newsracks shall be anchored with bolts to the sidewalk at their respective sites. Newsracks may not be anchored to trees, posts, or poles with chains, rope, cable, or otherwise. The permittee shall be responsible for any damage or repairs caused or necessitated by the removal or installation of any newsrack and shall be responsible to bring the site back into its original condition, ordinary wear and tear excepted. 21.36.120 Non-emergency newsrack removal. A. Notice. If the City determines that a newsrack is not in compliance with the requirements of this chapter, a written "notice of intent to remove" shall be issued and affixed to the newsrack. Such notice shall specifically detail the violation or violations that constitute the basis of the non-compliance. The notice shall contain the date, time, and place for a removal hearing. B. Hearing. A hearing shall be held not less than ten (10) days after the date of the service of the notice. Prior to the hearing, the newsrack owner or user may file a written response to the "notice of intent to remove" specifically setting forth the reason or reasons that the newsrack should not be removed. At the hearing the director of community development or his/her designee teeLe, 6iiJi.n~ shall determine whether the newsrack complies with the provisions of this chapter. If it is determined that the newsrack is not in compliance with this chapter, the newsrack shall 5 be removed by the owner or user within ten (10) days or otherwise brought into compliance. If the newsrack is not removed, as required, the City may consider the newsrack abandoned, remove the newsrack, and dispose of it as it would other surplus property of the City without compensation to the owner. C. Appeal. Any decision or order may be appealed to the Board of Adjustment. An appeal shall be filed in writing within ten (10) days after the decision of the director of community development or his/her designee and shall specify the basis for the appeal. The Board of Adjustment shall consider the appeal based on the written submission only. 21.36.130 Emergency newsrack removal. A. Removal. In the event that it is determined by the City that the location or operation of a newsrack constitutes an immediate physical threat to public health or safety, the newsrack may be immediately removed by the City without any prior notice or hearing. This provision may not be enforced for the purpose of regulating content or expressions of the material distributed by the newsrack. B. Notice and hearing. In the event of an emergency removal, the City shall promptly contact and inform the newsrack's owner or user, if known, of the removal and the reason(s) therefor. If requested by the owner or user, the City shall schedule a hearing before the director of community development or his/her designee to determine whether or not the removed newsrack constituted an immediate threat to public health or safety. In the event that it is determined that the newsrack did not constitute such an immediate threat, the City shall promptly replace the newsrack to its original location. If an expedited hearing is not requested by the newsrack owner or user, a hearing as provided in Section 21.36.120 shall be held. C. Appeal. Any decision or order may be appealed to the Board of Adjustment. Any appeal shall be filed in writing within ten (10) days after the decision of the director of community development or his designee and shall specify the basis for the appeal. The Board shall consider the appeal based on the written submission only. 21.36.140 Unauthorized newsracks. With the exception of those that comply with the regulations set forth in this chapter, any newsrack on city or publicly owned property or sidewalks shall be impounded by the City without prior notice or hearing. The City shall take reasonable efforts to determine the owner of the newsrack and shall notify the owner of the impoundment. The owner of the impounded newsrack shall be responsible for the expense of removal and storage of the newsrack. If the owner fails to reclaim the impounded newsrack and pay the expenses of removal and storage within thirty (30) days after notice of impoundment, the newsrack shall be deemed unclaimed property and may be disposed of in the same manner as other unclaimed or surplus City property. 21.36.150 Non-complying designs within the Commercial Core. 6 /#k 11. 16 (.( --vJ(; 1,-,,<___ CPU{OulJ) Newsracks located or to be located in the rlmmerCial Core shall comply with the provisions of this ordinance no later than ~{sert date). Failure to comply by the effective date shall result in the immediate removal and disposal of any non-complying newsrack by the City. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any other ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4. A public hearing on the ordinance shall be held on the _ day of ,1998, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the _ day of ,1998. In)..;" Kennp~ayor ATTEST: Kathryn S. Koch, City Clerk 7 FINALLY adopted, passed, and approved this _ day of ,1998. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 8 ,ORDINANCE NO. 2-4 (Series of 1991) AN ORDINANCE MAKING IT UNLAWFUL TO PLACE, MAINTAIN OR OPERATE A NEWS RACK IN THE PUBLIC RIGHT-OF- WAY WITHOUT FIRST OBTAINING A PERMIT AND REGULATING THE PLACEMENT OF NEWS RACKS IN PUBLIC RIGHT-OF-WAY, BY AMENDING CHAPTER 19 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADDING ARTICLE IX, SECTION 19-185 THROUGH SEcrION 19-198. WHEREAS, a necessary predicate to freedom of speech and freedom of press is the freedom to disseminate ideas, information and newspapers in public places; and, WHEREAS, the distribution of newspapers through newsracks is protected under the Bill of Rights of the Constitution of the State of Colorado and under the First Amendment to the United States Constitution; and, WHEREAS, the protection of the right of the people to a free press is properly the subject of municipal regulation; and, \VHEREAS, the freedom of newspaper publishers to decide where on public property they wish to place newsracks is properly the subject of municipal regulation; provided the regulation is content neutral, is tailored to serve significant municipal interests, and leave open ample alternative channels of communication; and, WHEREAS, there is a substantial governmental interest in promoting the aesthetic and environmental quality of life in both residential and commercial areas of the City of Aspen; and, WHEREAS, there is a substantial govemmental interest in promoting the public health, safety, welfare and convenience by ensuring that persons may reasonably use the public streets, sidewalks, right-of-way, and other public property without interference with such use; and, .Jy~~- - ~c... G.~~<n,^ '7 '''-o~,,~'A.~'k, - '(, ~~ <.;r,~ tt \/o~ ~.\-- - ~&~U'~ -~ ~\n ~ -"""""es,c. ~.- ~u.:> -tp "'-m~~ ~ ~(s)? - o'='C -rOM.-Q..,." '\ ~( _\-.0....>.-\0 ~'" <:.oc,"-",t~'c - <:..ole (' Q . -n= ~~ -~~~ Cc.\...(,7 . WHEREAS, there is a substantial governmental interest in promoting the public health, safety and welfare by ensuring that newsracks placed in the public right-of-way do not create hazardous conditions; and, WHEREAS, newspaper vending within the public right-of-way and other public property can be accomplished without unreasonably interfering with the normal and reasonable use of these areas by the public; and, WHEREAS, the public health, safety, welfare and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage done to sidewalks be minimized and repaired; the good appearance of the public streets and grounds be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; ingress and egress from properties adjoining the public rights-of-way be protected; the uniquely historic nature of certain structures within the City of Aspen be preserved; and, that the aesthetic beauty of the City of Aspen be preserved and protected. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding Article 9, Sections 19-185 through 19-198, which said Sections shall read as follows: 2 ,~ ~~~~ .I) y.. ~f) ~~, "Sec. 19-185. Definitions. FDr purposes of this Aniele, unless otherwise apparent from the context, certain words and phrases used herein are defined as follows: (a) "Distributor" shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way. (b) "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for displaying and dispensing, for free or for sale, newspapers or other news periodicals. (c) "Director of Public Works" shall mean the Director of Public Works for the City of Aspen or his designee. <:;,.,~ ~ >. Sec. 19-186. Permit Required. ~~? ~, ~ It shall be unlawful for any person, firm or corporati to erect, place, maintain or operate, on any public street, right-of-wa or sidewalk, 0 in any other public way or city owned or operated place or facilit '. 'n the cit Ifrmts-of the-'Cify-of-A.!pen, any newsrack without first obtaining a permit from the Director 0 Publ1c W ofks specifying the exact location of such newsrack. Sec. 19-187. Application for Permit. Application for permit shall be made with the Director of Public Works on prescribed forms containing the information required by Sections 19-188 and 19-189, and shall state with particularity the exact location of the newsrack. If a distributor applies for more than one newsrack permit, the information required by Sections 19-188 and 19-189 may be provided by incorporating by reference to a previously filed application form that contains the required information. No fee or bond shall be required for the newsrack permit. Sec. 19-188. Content of Application Form. The newsrack permit application form shall state the name, address and telephone number of those responsible for placing and maintaining the newsrack subject to the permit. 3 Sec. 19-189. Insurance and Indemnification. As part of a registration under this Article, the applicant, or his}her authorized representative shall furnish to the City a certificate of insurance as proof that it has secured and paid for a policy of public insurance covering all public risks related to the use, maintenance, operation Dr location of a newsrack. The insurance shall be procured from a company authorized to do business in the State of Colorado. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101 et seq., as amended. The distributor shall provide and keep in force that policy of public liability insurance during such time as it continues to locate any newsrack under the terms of this Article. The evidence of insurance filed with the City shall include a statement by the insurance carrier that thiny (30) days unconditional notice will be given to the City before any cancellation. If a distributor presents credible evidence demonstrating an inability to comply in good faith with any of the foregoing insurance requirements, the City Manager or his designee shall waive the subject insurance requirement(s). In addition, the applicant shall execute a written agreement to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage, or cost sustained by any person or propeny, to the extent any such loss, liability, damage or cost rises from the installation, operation, maintenance or lack thereof, or use of such newsrack; provided, however, that such obligation to indemnify and hold harmless the City, its officers and employees shall not extend to any loss, liability, damage or cost resulting from the acts, failure to act, or propeny of a person other than the distributor. Section. 19-190. Term of Permit.. The permit issued pursuant to this Anicle shall remain in effect until the newsrack is abandoned or impounded. Sec. 19-191. Registration Provisions Supercede Encroachment Regulations. The provisions of this Article shall supercede the provisions of Section 19-5 relating to encroachments except to the extent specifically incorporated or referenced herein. The provisions of this Article shall not supercede Article III of this Chapter relating to excavations in the public right-of-way. Sec. 19-192. Identification. Every newsrack distributor shall permanently affix to each newsrack, in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the current 4 name, address and telephone number of the distributor so that malfunctions may be reported; refunds secured in the event of a malfunction of the coin return mechanism; or to give the notices provided for in this Article. Section 19-193. Location and Placement of Newsracks. No newsrack shall be installed, used, or maintained in any location upon public property within the public right-of-way, or within a public easement adjacent to streets where such installation, use, or maintenance endangers the safety of persons or property, or interferes with public utility, public transponation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicycle, wheelchair, or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signs or signals, or hydrants. Without limitation of the foregoing, the following specific standards apply: (a) No newsrack shall be used or maintained which projects onto, into, or over any pan of the roadway of any public street. (b) No newsrack shall be chained, bolted, or otherwise attached or affixed to any municipally-owned fixture, including, but not limited to, bicycle or ski racks, light posts, traffic control devices, or decorative railings and posts located in the public ~ght-of-way. No newsrack shall be located so as to impede reasonable access to aI;iCylcle or ski rack located in the public right-of-way. Newsracks may be chained, bolted or otherwise attached to other newsracks or privately-owned fixtures so long as such placement otherwise complies with this Chapter and provided that permission for such connection has been obtained from the owner of the other newsracks or fixture. ~ ~\.~ (c) (d) Newsracks may be placed next to each other provided that no group of news racks shall extend for a distance of more than ten (10) feet along a curb, and a space of not less than three (3) feet shall separate each group of newsracks. The Director of Public Works may waive the three-foot separation requirement. Whenever it shall become necessary to create a three (3) foot space between newsracks to come into compliance with this subsection, the ten (10) foot distance shall be mea- sured from the newsrack that is most northerly of the group, and if all are equally nonherly, then from the newsrack that is most westerly. No newsrack shall be placed, installed, used or maintained: 1. Within three (3) feet of any marked crosswalk. 2. Within twelve (12) feet of any curb return.s 5 3. Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility. 4. Within five (5) feet of any driveway. 5. At any location whereby the clear space for the passageway of pedestrians is reduced to less than eight (8) feet unless such passageway is already restricted by the placement of permanent utility pole or other similar permanent fixture and the attachment of the newsrack to that fixture or placement of the newsrack adjacent to that fixture will not reduce the remaining clear space available for pedestrian passage and the Director of Public Works approves the proposed placement. 6. Within eight (8) feet of or on any public area improved with flowers, shrubs, trees or other landscaping. 7. Within the limits of a handicap ramp. 8. Within the limits of the following public right-of-way: (a) The Aspen pedestrian mall. (b) The sidewalk adjoining any structure within the city limits that has been designated as an Historic Landmark pursuant to Sec. 24-7-709 of the Municipal Code of the City of Aspen; including, but not necessarily limited to, the Wheeler Opera House, the Hotel Jerome, the Pitkin County Court House, the Aspen Volunteer Fire Depart- ment, St. Mary's Church, and City Hall with the exception of City Hall along Hopkins Avenue. Sec. 19-194. Standards for Maintenance and Installation. Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall comply with the following standards: (a) No individual single-unit newsrack shall exceed fifty (50) inches in height, measured from street grade, thirty-two (32) inches in width, or two (2) feet in depth. The height and width limitations may be waived by the Director of Public Works for specific locations where line-of-sight or other safety considerations are not a factor. 6 . ~ ~--I (b) The front panels of newsracks may be used to advertise the sale Of the newspapers or periodicals sold therein. Newsracks may not be used for any other type of advertising. (c) Where applicable, each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanism shall be maintained in good working Drder. (d) Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that: (1) It is reasonably free of dirt and grease. (2) It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof. (3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon. (4) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration. (5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading. (6) The structural parts thereof are not broken or unduly misshapen. (7) It is kept free of taped flyers. Sec. 19-195. City-owned and installed newsracks. The City may from time to time, in its sole discretion, purchase and install individual single unit or multi-unit newsracks or portions thereof to facilitate the installation of privatelY-Dwned newsracks in the public right-of-way or upon private property with the consent of the private property owner. Disnibutors may use City-owned newsracks or portions thereof; provided, however, that the disnibutor so utilizing a City-owned newsrack shall comply with all sections of this Article to the same extent as if the newsrack was owned and installed by the disnibutor, including, but not necessarily limited to, the permit provisions of Sections 19-188 through 19-190, the indemnification provisions of Section 19-192, and the maintenance provisions of Section 19-194. In no 7 ...........1.._ event shall a City-owned newsrack or portion thereof be moved without the express written approval of the Director of Public Works. Whenever a City-owned newsrack, or portion thereof, becomes available either through purchase, abandonment or otherwise, the Director of Public Works shall cause to be placed in the newsrack a clearly visible notice indicating that the newsrack shall become available for use on a date certain and application for its use can be made with the Director of Public work:('lf more than one distributor applies for the use of a particular ( ? City-owned newsrack, o"?--portion thereof, the Director of Public Works shall choose a distributor by way of lottery~ . Sec. 19-196. Violations. Upon determination by the Director of Public Works that a newsrack has been installed, used or maintained in violation of the provisions of this Article, the Director of Public Works shall issue an order directed to the offending distributor requiring the correction of the offending condition within seven (7) days from the date of the order. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order to said distributor. The order shall specifically describe the offending condition and shall specify the action necessary to correct the condition. The failure of the distributor to correct the offending condition within seven (7) days (excluding Saturdays, Sundays, and legal holid- ay) after the mailing date of the order shall result in the offending newsrack being removed and processed as lost and confiscated property in accordance with Section 13-87 of this Code. If the offending newsrack is not properly identified as to ownership under the provisions of Section 19-192 hereof, it shall be removed immediately and processed as lost and confiscated property in according with Section 13-87 of this Code. Within seven (7) days of said notice the distributor may request an informal meeting with the Director of Public Works with regard to a resolution of the order referred to herein in which case the informal meeting shall be held within five (5) working days from the date of said request and the appeal time referred to in Section 19-197 shall commence and begin to run as of the date of the informal meeting. Violations of any provision of this Article shall not constitute an offense subject to the general penalty provisions of Section 1-8 of the Municipal Code. 8 Sec. 19-197. Appeals. \) \:' {, r:: ^(J Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this Article may appeal and shall be appraised of his right to appeal to the City Council. An appeal must be perfected within seven (7) days after receipt of notice of any protested decision or action by filing with the Director of Public Works a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than thirty (30) days after receipt of the letter of appeal. Appellant shall be given at least ten (10) days notice of the time and place of the hearing. The City Council shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the Director of Public Works should not be upheld. At such hearing the appellant shall have the right to examine the evidence upon which the Director of Public Works or designated agent acted, . to cross examine any witnesses who may have appeared before him and to offer any evidence which may tend to show that the subject newsrack does not viDlate any provision of this Chapter. In all such cases, the burden of proof shall be upon the appel- lant to show that there was not evidence to support the action taken by the Director of Public Works. At the conclusion of the hearing, the City Council shall make a final and conclusive determination. tJ The perfection of an appeal to the City Council shall stay the order for removal of any newsrack until the City Council makes its final determination unless said newsrack presents a clear and present danger of imminent personal injury or property damage. Nothing contained in this Chapter shall be interpreted to limit or impair the exercise by the City of its police power, in the event of an emergency, to remove any newsrack. Section 19-198. Abandonment. In the event a newsrack remains empty for a period of thirty (30) continuous days, or the distributor appears to have abandoned the newsrack by virtue of dated materials not having been replenished for a period of thirty (30) continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in Section 19-196 for newsracks in violation of the provisions of this Chapter. Section 2 All newsracks resting in whole or in part upon or Dn any portion of a public right-of-way or which projects onto, into or over any part of a public right-of-way, as of the effective date of this ordinance, shall be brought into compliance with the terms of this ordinance including, but 9 not limited to, the permit provisions of Sections 19-187 through 19-190, the indemnification provision of Section 19-189, and the maintenance provision of Section 19-194 no later than thirty (30) days following adoption of this ordinance. Any newsrack not found to be in compliance with the requirements of this ordinance as of such date shall be subject to Section 19-196. Section 3 The City Council hereby finds, determines and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, preserve the aesthetic beauty, improve the order, comfon and convenience of the City of Aspen and the in- habitants thereof. Section 4 Except as specifically amended hereby, the City of Aspen Municipal Code, and the various secondary codes adopted by reference therein, shall continue in full force and effect. Section 5 This ordinance shall not have any effect on existing litigation and shall not operate as an abalement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 6 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such ponion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 10 I,m~_ A public hearing on the ordinance shall be held on the _ day of 1991, 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 on the day of , 1991. John S. Bennett, Mayor A TrEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this , 1991. day of John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 11 . . <. 1..-1'17 --\1'1 VG J lJ OO\~II J::::::l ~ lU7lng ONINlOrOV nJ.IM 77VM NOWWOJ M "1,,,~O.9L '" C. '" ;.l7J. "Sl ~,,', ~~,Z ~ ',. . ..;................. '" '\~'''.~.. ~~~.. ..'. ~ :..,........ ~. ....' "". Q" ~.~''':' ..,......... '<,. l.' :....:...:..., '," ~:,....:... " \l:l "..........._". _....,'. '... I .."'.)...."'~~..........~\......:.~, ~ "''''''~~'''.~~..'.'''.~:~.~~., ,/ 9~'9"" ~~" '.' ,. .J!"/Ho.gu: '~,. .,>::- ~"'. -.:....,'~ . ....\. ". " . "'~'''. \, ''';''' .~, ':--;.. '\,' '\~, vI ,.",.. ;,: ...."....0 ~ \, l..~..''\. b. \,:' .,~~"\:. ~ ''"'... ',,:.', ~ .>.. . ."-" . ,~... ... ~.~ ~3,,~ ',1"~ .,~. '::..,\~ ':';~:" . ~. '," '" .."\'. " ." '. "- ~~ "> '. . .\, .::.~ ~ ". :~~ ':'.;s. -qJ I.. 1 .1.07 In{1 : IJ. 9lCxDOll I , :, :\ A ::1.., -.I.":','" , J I I L.O'h .'c.' .~~ ...::1 ~ '110 . \II ~(J) .. !II 0 :::t: :i 0- t III tJ ~ ?J ._-- >I .1.07 ';1l ~ ~ ,!. ~ tI\ ~ ~ ~ ~ ..... I' " I )t'lr.lo:tn~ 80'1'" ~ ./I.60.fU. S .lq~~ .~ ~~~~ll 7 V . ::V :-:aol".'o~c::~ :Iv trGT t.t' ~lnr r,1o~t',!, ,1rfrt'l;,:s. ._.4"___ , ,.f. o Jl\ (J C; . ='l :u 8'0 n/lo DNI07tnUl ," 1lI !:; o\i ,,~ 'On "0 :-<", ~ '-- dn sJl,JJ; ~'OT' ""nn "CIo'I'\T^", " COMMERCIAL CORE & LODGING COMMISSION MINUTES OF May 19. 1999 Chairperson Jon Busch called the meeting to order at 8:30 a.m. Commissioners in attendance were Don Swales, John Starr and Bill Dinsmoor. Terry was excused. Introduction of Ed Saddler, Asset Manager and discussion of News rack design to be incorporated in Phase I of the DEPP project The design presented by Richard Shaw from Design Workshop is not appropriate. Jon Busch met with Richard to explain the concerns of the design from a maintenance standpoint a year ago and nothing in the design has changed. People can put advertising or handbills on the corral design. Ed said his thought about the design was to put wood behind the railings to make it solid so that you are not looking through them seeing the magazine rack. John felt that a solid back would be more appropriate. He also said the Board should use existing racks that are available. There are practical concerns about the design. There are durability issues due to cars hitting the side of the rack. A design should be done that discourages handbills and flyers and things being affixed to it. Aspen Times vendor stated that the design should allow each box to be mounted internally or self mounted, The Newsracks should not be bolted to each other. The concern of CCLC is how do the design changes get incorporated in Phase I. Bill suggested that metal posts combined with brick should be the design of the Newsrack and it should have a small pedestal in order that snow melt COMMERCIAL CORE & LODGING COMMISSION MINUTES OF May 19. 1999 occur and so that people do not have to get on the ground for a paper. The area at the Wheeler with the Newsracks on the brick was an example of maintenance problems etc. The brick ties in historically and the Board felt that HPC would like that concept in some dimension. The brickJmetal post design should be solid on three sides. The maximum height for business owners in front of their businesses should be looked into in order not to block their views into their windows. Boulder is using the pedestal rack with double stacked Newsracks. Their intention is to purchase and maintain the system and rent it out to the newspapers. ASPEN BUDDY PROGRAM Mary Ellen Sheridan, Executive Director of the Aspen Buddy Program requested that the Landrover be placed in the mall from June 18th through July 2rd as a fund raiser raffle for the program. All the children are from the ages of five through eighteen. They work with the guidance counselors of the Aspen School District and Pitkin County Social Services, They have served the Aspen Community for 26 years providing mentors. Mentoring has a positive effect on youth and drug and alcohol use, school dropout rate and teen pregnancy and youth violence. The Aspen School district has a 15% school drop out rate and members of the Aspen Buddy program have a zero percent dropout. The goal is to take care of children until the age of 18. The program is 100% scholarship. The Landrover will be raffled off on a two year lease. In the past, the car was situated by Bananna Republic. There will be no advertising on the car. MOTION: Jon moved to approve the placement of the Landrover and small card table on the mall by Bananna Republic for the rajjle benefit of the 2 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF May 19, 1999 Aspen Buddy Program from June 17th through July 2nd; second by Don. All infavor, motion carried. ACME BAR & GRILL Ted Swigert, part owner of Acme Bar & Grill presented the amendment to the mall lease requesting an additional 36 inches vertically on the existing fence that runs north and south. A site visit was done and the Engineering Dept. will determine the square footage. Don stated that the width of the area is not changing only the length. Staff informed the Board that the Parks Department had no problem with the additional space as long as it was not horizontal. Don made the motion to approve the mall lease amended for an additional 36 inches as represented on the drawing, John second. The condition is subject to receipt of a letter from Ed Adelson, adjacent property owner. All in favor, motion carried. (Letter received after the meeting was over.) HOWLING WOLF Paul Levine, manager requested a mall lease the same as last year with the elimination of the wait station on the mall. Paul said they got signatures from Mountain and Streams and Ute City Brokers. Curious George owned by Tom Y ouder did not sign the notice. Jon's concern is the Independence Square hotel and the possible noise that could occur after the mall area closes. Paul stated his concern is the amplified music from inside the building that will be a concern to him and they might have to install air-conditioning. 3 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF May 19. 1999 The Board felt that there should be more unplugged music in the valley. John reminded Paul that individuals will be all over the building and that he should be aware of that and supervise the area. Staff informed the applicant that the mall lease is strict and it should be reviewed thoroughly. Paul stated that he intends not to have any problems. When the volume goes up the stores in that area are closed. The only other issue is to keep the property clean. A bus station could be put in the landing in the stairwell. Terry Butler is opposed to the mall lease and a letter was entered into the records to reflect that. John reminded Paul that Euphorium with young children is behind the building and the alley is there and Paul and Staff need to be aware of the situations that exist around the property. Paul stated that he wants to be a good neighbor and do well at the space. Jon said fundamentally council wants restaurants to have mall space. The community value exceeds the neighbors concerns. He also reminded Paul that in the summer that comer is very noisy. MOTION: John moved to approve the mall lease for the Howling Wolf, second by Don. All in favor, motion carried. NEWSRACK ORDINANCE The choice ofthe Newsrack insert should not be the spring type. The design from DEPP should be off the ground for snow removal etc. at a minimal height. HPC will review their design. The board made changes to be presented to the City Attorney. John added the permit section to the ordinance. 4 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF May 19. 1999 The Board will site visit the areas at the next meeting. Individuals delivering papers will be involved in the decision making process. John asked the attorney to address the additional areas of the Post OfficeJPuppy Smith area and City Market. Each area with a corral needs identified as to specific size. DEPP FUNDING Phase two should go to council for funding. It should be in the budget process now. It is the first phase that went through the complete process and should continue on track for next year. If opposition is of great enough volume let that opposition set a referendum question. The complete program needs to go forward. CCLC wants to involve DEPP etc. ifthis does not occur. They have been working with this DEPP program for two years. COMMISSIONER COMMENTS Jon brought up the issue of air conditioners on historic buildings. Wagner Park design must be reviewed by the CCLC. Jeff Woods next meeting. Kathleen J. Strickland, Chief Deputy Clerk 5