Loading...
HomeMy WebLinkAbout06-02-1999 J. COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITY ROOM - CITY HALL JUNE 2, 1999 8:30 I. Roll call and approval of May 19, 1999 minutes. II. Commissioner Comments and Mission Statement 9:00 III. Newsrack Ordinance - commercial publications - City Attorney Newsrack site-'visit existing areas 10:00 IV. Adjourn Pending Issues Jeff Woods from the parks department will come to the CCLC meeting after Labor Day to discuss the design for Wagner Park. Two members from the committee will be appointed to a task force for the design. No design has been implemented yet. Sketches are floating around but in theory only. DEPP funding for Phase II Council has always wanted to wait until Phase I is completed. There is no money available for Galena Street phase two. 6 to 14 million. ORDINANCE NO. R (Series of _) AN ORDINANCE MAKING IT UNLAWFUL TO PLACE, MAINTAIN OR OPERATE A NEWSRACK IN THE PUBLIC RIGHT-OF-WAY WITHOUT FIRST OBTAINING A PERMIT AND REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT- OF-WAY, BY AMENDING TITLE 21 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADDING CHAPTER 34. 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, WHEREAS, 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 govermnental interest in promoting the aesthetic and enviromnental quality of life in both residential and commercial areas of the City of Aspen; and, WHEREAS, there is a substantial govermnental 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, WHEREAS, there is a substantial govermnental 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 requir~ interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoif~~ ibstruction of sight distance and views of traffic signs and street-crossing pedestrians be~lintinated; 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 right-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 Chapter 34 to Title 21, which said Chapter shall read as follows: CHAPTER 34 NEWSRACKS 21.34.010 Definitions . For purposes of this Article, unless otherwise apparent from the context, certain words and phrases used herein are defmed 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) "Engineering Department" shall mean the Engineering Department of the City of Aspen. 21.34.020 Permit Reauired. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street, right-of-way or sidewalk, or in any other public way or city owned or operated place or facility within the city limits of the City of Aspen, any newsrack without first obtaining a permit from the Engineering Department specifying the exact location of such newsrack. -..-1 .'__...~ 21. 34.030 Aoolication for Permit. '" -t F\A J "34 .()so -z.-1,,;;)<1. '-""to Z. . Application for permit shall be made with the EPfe:~ing Depa on rescribed forms containing the information required by Sectio~ J~ and , and s II state with particularity the exact location of the newsrack. If a dl~i~~~or applies fo more than one newsrack permit, the information required by Sections and I ^ . M 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. 21.34.040 Content of Aoolication 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. 21.34.050 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 or 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 thirty (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 requirement(s), the City Manager or his/her 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 property, 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 property of a person other than the distributor. 21.34.060 Term of Permit. The permit issued pursuant to this Article shall remain in effect until the newsrack is abandoned or impounded. ~-I."~ 21.34.070 Rel!istration Provisions suoercede Encroachment Rel!Ulations. 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 ill of this Chapter relating to excavations in the public right-of-way. 21.34.080 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 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. 21.34.090 Location and Placement of Newsrack. 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 transportation, or other govermnent 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 part 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 right-of-way. No newsrack shall be located so as to impede reasonable access to a bicycle 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) Newsracks may be placed next to each other provided that no group of newsracks 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 Engineering Department 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 measured from the _"_--"'-'____..__m_____ --1.-_ newsrack that is most northerly of the group, and if all are equally northerly, then from the newsrack that is most westerly. (d) 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. 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 Engineering Department 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 right-of-way: (a) The Aspen pedestrian mall. ~ Zb.4Zo The sidewalk adjoining any structure within thrty limits that has been designated as a Historic Landmark pursuant to 8- ". 9 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 Department, St. Mary's Church, and City Hall with the exception of City Hall along Hopkins Avenue. (b) 21.34.100 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: I (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 Engineering Department for specific locations where line-of-sight or other safety considerations are not a factor. (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 order. (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) (2) (3) (4) (5) (6) (7) 21.34.110 It is reasonably free of dirt and grease. It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon. 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. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading. The structural parts thereof are not broken or unduly misshapen. It is kept free of taped flyers. 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-owned newsracks in the public right-of way or upon private property with the consent of the private property owner. Distributors may use city-owned newsracks or portions thereof; provided, however, that the distributor 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 distributor, including, but not necessarily limited to, the permit provisions of Sections ~J:lfl through--Z/.34. Joo "t.(.~4.03o ,.._..I....-~,~._- Z I ,,34. 0$.'0 ., the indemnification provisions of Section Wi - -~, and the maintenance provisions of Section~ In no event shall a City-owned newsrack or portion thereof be moved without the express written approval of the Engineering Department. '- ;::/. $.( .100 Whenever a City-owned newsrack, or portion thereof, becomes available either through purchase, abandomnent or otherwise, the Engineering Department 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 Engineering Department. If more than one distributor applies for the use of a particular City-owned newsrack, or portion thereof, the Engineering Department shall choose a distributor by way of lottery. 21.34.120 Violations. Upon determination by the Engineering Department that a newsrack has been installed, used or maintained in violation of the provisions of this Article, the Engineering Department 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 holiday) 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 Sectior A~' hereuf, ;t 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 Engineering Department 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 ~ shall commence and begin to run as of the date of the informal meeting. ~~/.~. 1$0 c::/.~ .~ 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. 21.34.130 Aooeals. Any person or entity aggrieved by a fmding, 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 Engineering Department 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 Engineering Department should not be upheld. At such hearing the .1___ appellant shall have the right to examine the evidence upon which the Engineering Department 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 violate any provision of this Chapter. In all cases, the burden of proof shall be upon the appellant to show that there was not evidence to support the action taken by the Engineering Department. At the conclusion of the hearing, the City Council shall make a fmal and conclusive determination. The perfection of an appeal to the City Council shall stay the order for removal of any newsrack until the City Council makes its fmal 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. 21.34.140 Abandomnent. 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 1- ; for newsrack in violation of the provisions of this Chapter. Section 2 All newsracks resting in whole or in part upon or on any portion of a public right-of- way or which project 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 not limited to, the permit provisions of Section 1'I;a;i:7 through ~, the indemnification provision of Section '1 . T, and the maintenance provision of Section III I ^ 1 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 Iii ~r. Section 3 The City Council hereby fmds, deterntines 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, comfort and convenience of the City of Aspen and the inhabitants 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. I _~~__,.. Section 5 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement 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 court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. A public hearing on the ordinance shall be held on the day of 1999, 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 , 1999. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of 1999. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk EAA..Q6101f99.\\~commons\asp<lttorne)'\john\word\agr\ord no 24-newsrack.doc ..- ..I.~ 1:-: I Jun-01-99 02:45pm From-REO BR I CK HI6 ., ,...-,..,.. ., '" ...... .. ",.. .... , " " .., . .. . .. . . ,... . . . .. ......... ... . ..., . . ., .."... . ., ....A~;"'^-~..:.. ':~~f9l-:lH.~~s':.:': ....-., . ...." .... : ' ~io:a:"H~:$t..:s~~ 11s::: .. A9peQ" Colora.do 81611 Phons:(97Q)920.14771 (800)9S1.z?8i Par(970)920.S700 ~ut@tofQflr -JIllPlNRll.Q'i B<MIU> OF TRUS'IllES JlU!:le[GllA'oog.~Jidllll[ PI.~ fi'1llin, vice 'Preh4coc N ~ey LovcndUll, Secntaq B~aaed, Tl.'lIuw:cr bbettltJ1er1 DcbbieAyenl DIIlII.Codn JohnH..Gn,..j, Cuolinc !-Iic:k:s Me.. my Humphlef Cwmaino Lo~e .Mdy Mod.cU RDbyn Mylet CcokieNri GailSa.cilsQn Sb=a~ L~. Thielen JlkoVickety SENIOR BOAllll ]amos:Bakollr Bob c.mp Molly Campbell MAgie DeWol" . "~mne PUVet be-aHll.mo .x.chHodges Joanne LyOl:l JuliIlManh.dl JillUcs MENmEaOa~ZATIONS AnOlltsClllo R.mda..'\ttll C<<LQlt J\.5petlMMU6'll1IIn hip.. Ba!kt Company & Scheol .'\.spllSl OIl1.pel aallory Aspen OlanJ Society Npen Community &; lnslitubl Ccmmtwll .faliipaa CotlllQUlJiEy ThelUR Aspi!'ll1 DAD.ce CoDIIOetiaP ^"p.wtPiImien Alpon Hi"tosical Soei<<y .~pllrl.IosIiN[' J\ip8l'l. Musil: FIlSD:Val & Sehoal NpcnS!:IlF hlpen Theat:o in dill Put. hlplln Wnll!lr!l' POUrlG&Q,an 5ualtG.aJ1e.Iy Olepili. CtJStalGUa:r~Gallet'Y 2attb Voice' Gtv-I!I1InsDtublo1''lheU'niv_iryofColorado Gl'II.Illl\oO\li TtUviaOD Nllt9/0d:. Hill', ''''pen. GlIUecy otPbotogn.phy :rn"'auQonal De5i(!p Contmen.c. ~ hlpen JI2Z Np.-a Saowm.u~ KAJ:(, ^,pen Pul:lli.c Radio ~F""""'(Somh_O_"""") Masicbol1Fia.eNcGillllty Spcllbindan Wheeler N1loci&tcs Woody Creek Le&.mirlg CommuW,fY: 'W7'Y Community hftlj CcnCllt 'XHCUllVIi DIIlECTOR .itl.dllGecOatic:h ';.-;.- 9709205700 POllOI T-m ASPEN/SNOWMASS COUNCIL FOR THE ARTS MEMORANDUM TO: Cathy Strickland - CCLC /1 FAX#: 920-5197 C/flP-5.J/7 FROM: Linda Gerdenich FAX #: 920-5700 PHONE #: 920-7477 RE: Selling AAP's on Mall DATE: 6/1/99 Per your request, ASCA would like to sell Amazing Arts Passes (2-for-1 tickets or discounts to member organizations) on the Mall on the following dates: June 9,10,11,15.16,17 from 11am-2pm This is the only fundraising endeavor by ASCA. The Amazing Arts Pass sells for $75 ($60 to ACRA, SVRA members and purchasers before 6/21). Thank you for your consideration and please have an Artful Summer. , . /'VL--() j}CiLl~~ ~~ ~ 13t{J!j~~ Celebratin:;.g tire ARTS for 2S years! I :, ;j i ~ ~ ~ - ~ IU ~ o ~[J '7 ----- ~ ~ ."\. -.J .~ '2 G) ~ -J \' ~ ~ V) ? o rt uJ ~ <( \j / A /~?IJ I QQ 1 Cj --..J \ r-" . ~ ) \ . '_I'; \ \ '" c{'i 01 () (): , , ~ Ll) 81 d. \JJI 2'! ~t \ / / / \ !:, ,/ J '. /~ \ ~ ., 1'1 ~~. CJ .---> ----------... -<:: .- "- '\ \ ! i . / , / / . \ I I ------ --" w lfJ ~ ~ \. I, e 'r ~ . J\ !., \ ~ ./ .. ~.--- " / / ------- 0\ ~ --- II I t r 0 -.3 VI r6 --l- LI ~ V1 .---/ " --- ----i'" ----' C) '-S r- ~ <::J J <d1 J1 - ~ ~ i >0 ~ --- > 'oS -' >- .-- ")' :=( --t' ~ .->" ,"!. ".J e;., J () o 0 <,. -3 ~ { 3 .? 0--r \ J -.) ~ --- J .J )). ~ ~~~ LL-- --< ( :, ,~ 0 .,J ~ ~ 2-~ April 14, 1999 To the City of Aspen: I am writing this on behalf of Cameron's Kitchen. It has come to my attention that Cameron wishes to open an outdoor patio on the Hyman Mall for the summer. Being an Aspen merchant, and also being geographically located next to the aforementioned restaurant; I feel the outdoor patio/cafe would be a wonderful addition to the mall. I, and everyone at Club Chelsea support this idea wholeheartedly and wish Cameron all the best. Sincerely, L /)00 Steve Sanders Manager 411) 1'. ti,-man A~enue . Asoon. {;() SU311 . (~7()) ~~().()()tJtJ .......--.....1....-.-___ COMMERCIAL CORE & LODGING COMMISSION MINUTES OF JUNE 2, 1999 \ Chairperson Jon Busch called the meeting to order at 8:30 a.m. Commissioners in attendance were Don Swales and Bill Dinsmoor. Terry Butler and John Starr were excused. ASPEN/SNOWMASS COUNCIL FOR THE ARTS Amazing Arts Pass. The council is requesting to sell the pass on the mall 1ur seven days: June 9' 10,11,15,16, 17th. 11 :00 a.m. to 2:00 p.m. MOTION: Don moved to approve a table on the mall for the sale of tickets for the art pass; second by Bill All in favor, motion carried MISSION STATEMENT To ensure that the character and ambiance of the commercial core area remains a safe and attractive environment for the enjoyment of visitors, pedestrians and residents. To maintain compatibility and harmony between business and public uses of the commercial core. COMMISSIONER COMMENTS Bill asked the board about the expansion of the commercial core area. An area of concern is the housing project on 7th and Main and the idea of a convenience store at that location. Mixing housing and commercial is not appropriate. Jon said that idea will be a different kind of blight. It is a 711 coming to Aspen. The issues of trash and deliveries and more employees is not addressed. There are great reservations about the impact and in the immediate future the whole notion of dispersion of the commercial core and dillusion. Right across the street there is a business that could accommodates this and more, the Hickory House. .,-,".~..,"..~ ,-~..I.."-.+ COMMERCIAL CORE & LODGING COMMISSION MINUTES OF JUNE 2, 1999 The board thought it was not thought out thoroughly. Staff was directed to invite those involved to the next meeting. The Board feels that particular component should be addressed at the next meeting. Don stated that Acme Bar & Grill's mall lease is angled wrong. The Board is to site visit. Staff informed the board that the attorney is revising the penalty percentage for unpaid mall leases. NEWSRACK ORDINANCE John Worcester, City Attorney Cannot control commercialization of realestate magazines. Jon: Come up with a way to put small advertising in the corral. John Worcester relayed that the lottery system could be used in determining which papers will go in the corral. Jon: Big Wrap flyer menu requires advertising space. Jon said the idea is to get rid of individual racks around town. Newsrack will be identification with a tag. A permit will be required with the use of a number system. The Engineering Dept. will look at the existing sites with the CCLC. John Worcester stated that the intent is to have the ordinance uncomprecious and unarbritory. The design of the corral is to be reviewed by HPC and that will addressed June 23rd. First reading of the ordinance is scheduled for June 28th. 2 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF JUNE 2, 1999 CCLC felt that they should do a pre-view for all the permits that go to the Engineering Dept. Staff was requested to ask the city manager if they want CCLC to go the brown bag. Staff was directed to talk to Ed Saddler regarding the newsrack inserts and advertising pamphlets and the design properties that would hold those pamphlets. Bill Dinsmoor stated that he feels a container is available that would hold at least four advertising items. CAMERON'S KITCHEN - MALL LEASE Bill moved to approve Cameron's Kitchen as drawn 250 square feet with the condition that a letter be presented to the Clerk's office from the property owner. The drawn diagram was entered into the record. Motion second by Don. All in favor, motion carried. MOTION: Don moved to approve the minutes; second by Bill. All infavor, motion carried. MOTION: Don moved to adjourn; second by Bill. All infavor, motion carried. Meeting adjourned at 10:30 P.M. Kathleen J. Strickland, Chief Deputy Clerk 3