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HomeMy WebLinkAboutordinance.council.043-07 ORDINANCE NO. tf3 (Series of 2007) AN ORDINANCE CREATING THE COMMERCIAL CORE AND LODGING COMMISSION, DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS, THEIR POWERS, AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING COMMISSION AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING COMMISSION IN EXERCISING IT'S FUNCTIONS. WHEREAS, the City Council established the Commercial Core and Lodging Commission by Ordinance No.1 (Series of 1981) which was amended by Ordinance No. 56 (Series of 1981) reducing the quorum from 4 to 3. WHEREAS, the Commercial Core and Lodging Commission term was originally set to expire on December 31, 1985, and was extended by Ordinance No. 24 (Series of 1986), to December31,1991. WHEREAS, by Ordinance No.6 (Series of 1988), the Commission's geographic area of concern was changed and an alternate member was added to the composition of the Commission; and WHEREAS, the Commercial Core and Lodging Commission term was further extended by Ordinance 49 (Series of 1991); and Ordinance No. 40 (Series of2001) to December 31, 2006. WHEREAS, staff and Board recommend making this a permanent board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. That the City of Aspen Commercial Core & Lodging Commission is hereby established as follows: Section 2. as follows: (a) The Commercial Core and Lodging Commission shall consist of seven (7) members and (1) alternate who shall serve a term of four (4) years (although there Composition; Term; Oualification. The Commission shall be constituted shall be no restraint on the number ofterms any members may serve). Alternates shall vote only in the absence of a regular member. H:cclc core ordinance (b) All original appointments shall be for a period offour (4) years and made by the City Council. (c) All members of the Commission shall serve at the pleasure of the City Council and may be removed by a majority vote of the whole City Council. There shall be no restraint upon the number of terms any member ofthe commission may serve. (d) No member of the City Council, Mayor, City Employee, not any appointed officials shall serve on the Commercial Core and Lodging Commission. (e) There shall be imposed no age or residency requirement for membership on the Commercial Core and Lodging Commission, nor shall candidates for appointment be required to be qualified electors. Section 3. Powers and Duties. The Commercial Core and Lodging Commission shall have tile following powers and duties, all of which shall be exercised subject to the laws of the state and municipality, with appropriate conditions and safeguards, and in accordance with the public interest and the most beneficial development of the Aspen Commercial Core and Lodging Area: (a) To advise and recommend further development and implementation of plans and programs for the Commercial Core and Lodging Area such as circulation, parking, sidewalks, landscaping, lighting, signing, graphics, alley improvements, public transit, and improvement to existing mall areas; (b) To develop and recommend methods of funding the above plans and programs, by, for example, exploring and considering special assessment districts, local matching fund programs, capital improvement fund programs and state and federal grant programs; (c) To develop and review programs that various groups may sponsor to promote the Commercial Core and Lodging Area as a whole; (d) To recommend to the City Council such new legislation as it may deem in harmony with its function and the matters given to it for administration, and also to recommend revisions of existing legislation affecting the Commercial Core and Lodging Area's condition, development and administration, as it shall deem advisable for the protection of the public health, safety and welfare; (e) To manage the operation of the Aspen Saturday Market and to advise and H:cclc coreordinance recommend possible future development of future community programs and events in the spirit of the Aspen Saturday Market; (f) To provide a liaison with existing community events and programs and to advise on what efforts might be undertaken to maintain and/or enhance such events and programs; (g) To perform such other duties as the City Council may form time to time by ordinance or otherwise impose upon it. Section 4. Appeals. Any person aggrieved by any action of the Commercial Core and Lodging Commission may appeal such decision or order to the City Council with thirty (30) days from the date ofthe decision or order appealed from. An appeal is perfected by filing notice thereof with the City Clerk. Such notice shall contain an appropriate reverence to the decision or order appealed from, and duplicate copy of the same shall be forwarded by the City Clerk to the Chairman of the Commercial Core and Lodging Commission. If the City Council fails to provide the remedy prayed for, or any person is otherwise aggrieved by the action of the City Council on appeal, such person may appeal the action within thirty (30) days thereof in a court of record of competent jurisdiction. Review shall not be extended further than to determine whether the Commercial Core and Lodging Commission or City Council has exceeded its jurisdiction or abused its discretion. Section 5. Rules of Procedure. A quorum for the transaction of business of the Commission shall consist offour (4) of the members. The Commission shall establish regular meetings and special meetings may be called by the Secretary of the Commission on the request of the Chairman or any two members, on at least twenty-four (24) hours written notice to each member of the Commission provided that a special meeting may be held on shorter notice if all members of the Commission are present or have waived notice thereof. No business shall be transacted at any special meeting unless it has been stated in the notice of such meeting. All regular and special meetings of the Commission shall be open to the public except for executive (closed door) meetings as may be permitted by law. Section 6. Severabilitv. 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 portion shall be deemed a separate, distinct and independent provision and H:cclc coreordinance shall not affect the validity of the remaining portion thereof. Section 7. Public Hearing. A public hearing on the ordinance shall be held on the Z'2 day of~6frc..2007 at a meeting of the Aspen City Council commencing at 5:00 p,m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, seven days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the r day of rJC::tDWL ,2007. Ak .Jk FINALLY adopted, passed and approved this Zz day of H:cclc coreordinance