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.
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21. 34.030 Aoolication for Permit. '" -t F\A J "34 .()so
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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
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., 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
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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
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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.
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Celebratin:;.g tire ARTS for 2S years!
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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
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Steve Sanders
Manager
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.......--.....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.
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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
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