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HomeMy WebLinkAboutordinance.council.060-89 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTIONS 4-401 THROUGH 4-406, OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ADDRESSING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMITTEE. WHEREAS, the Aspen City Council adopted Ordinance 5, Series of 1972, which became effective on April 10, 1972, creating the Aspen Historic Preservation Committee (hereinafter "HPC"); and WHE~, the Aspen HPC adopted By-Laws at that time, and amended said By-Laws in 1974; and WHEREAS, the Aspen HPC has not made revisions to the By-Laws since 1974; and WHE~, the HPC has reviewed said By-Laws during the past year and have recommended revisions to them, including "Purpose", "Committee Member Qualifications" (adopting language from the Certified Local Government manual), "Committees and Project Monitoring", "Meeting Dates" and "Conflict of Interest; and WHEREAS, the HPC feels these revisions more adequately meet the needs of the community by directly addressing those issues that make the Committee and the cityts historic preservation program more effective; and WHEREAS, the HPC has formerly adopted the revised By-Laws through Resolution 89-1, at a public hearing on January 10, 1989; and WHEREAS, City Council reviewed the revised By-Laws on February 27, 1989; and WHEREAS, on September 5, 1989, at a public hearing, the Aspen Planning and Zoning Commission unanimously recommended that City Council adopt an ordinance amending Division 4, Section 4- 401 through 4-406 of the Aspen Land Use Code, revising the HPC By-Laws; and WHEREAS, City Council, having received the recommendations of the HPC and Commission, wishes to amend Chapter 24 of the Municipal Code to formally adopt the revised By-Laws of the Aspen Historic Preservation Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article 4, DECISIONMAKING ADMINISTRATIVE BODIES, Division 4, HISTORIC PRESERVATION COMMITTEE, Sections 4-401 through 4-406, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado is hereby repealed and reenacted to read as follows: DIVISION 4: HISTORIC PRESERVATION COMMITTEE (HPC). Sec. 4-401. Purpose. The purpose of the Aspen Historic Preservation Commission, formerly "Committee", is to recognize, protect and promote the retention and use of landmarks and landmark districts in the city and to promote awareness of Aspen's unique heritage. In addition, the HPC's purpose is to: A. Ensure the preservation of Aspen's character as a 2 historic mining town because of its importance to the economic viability of the community as an international ski resort and cultural center B. Promote the cultural, educational and economic welfare of Aspen through the preservation of historic structures and areas and the preservation of the historic character of the community C. Encourage productive and economically attractive uses of historic structures D. Support the implementation of the Aspen Area Comprehensive Plan Historic Preservation Element Sec. 4-402. Establishment. The City Council of the City of Aspen, Colorado adopted Ordinance #5, Series of 1972, which became effective on April 10, 1972, creating the Aspen Historic Preservation Committee, providing for its members, as revised by Ordinance #36, Series of 1973, to include seven rather than five members, and outlining the Committee's powers and duties. Ordinance 11, Series of 1987, provided the addition of three (3) alternate m-mhers, also to be appointed by City Council. Sec. 4-403. Powers and Duties. The Historic Preservation Commission (HPC) shall have the following powers and duties: A. Recommendation of approval or disapproval to the Commission and the City Council of the designation of H, Historic Overlay District or Historic Landmark, under Art. 7, Div. 7 B. Review and approval, approval with conditions, suspension or disapproval of development with the H, Historic Overlay District or development involving a Historic Landmark, under Art. 7, Div. 6. C. Review and approval, approval with conditions, suspension or disapproval of demolition, partial demolition or relocation involving a Historic Landmark or demolition, partial demolition or relocation of any structure rated as a "4", or a "5" by the HPC in its evaluation of the Inventory of Historic Sites and Structures of the City of Aspen, as periodically amended under Art. 7, Div. 6; D. Periodic evaluation of the ~nventory of ~istoric Bites and ~tructures, under Art. 7, Div. 6; 4 E. Recommendation of approval, approval with conditions, or disapproval to the Board of Adjustments on a request for variance in the H, Historic Overlay District or involving a Historic Landmark, under Art. 7, Div. 6; F. Recommendation of the City Council of Historic District and Historic Landmark _Development ~uidelines under Art. 7, Div. 6; and G. Recommendation to the Commission to initiate amendments to this article. To hear and approve, approve with conditions, or disapprove variations under Art. 7, Div. 6. Sec. 4-404. Oualification for membership. Members of the HPC shall be qualified electors in Aspen and residents for two (2) years prior to appointment. Sec. 4-405. Membership: appointment, removal, term~ and vacancies. A. The HPC shall be composed of seven (7) members and three (3) alternate members, and shall be appointed by the City Council. Nominations for membership shall be presented to the City Council by the Aspen Historical 5 Society and the community-at-large and through personal application,. Each member shall hold office for a terms of (3) years. Alternate members shall attend all meetings and shall be allowed to vote in the absence of a regular member. There shall be no restriction on the number of terms any member may serve, however an application must be submitted for each additional term, which must approved by City Council. When a regular member resigns, the alternate member with the most seniority on HPC shall automatically be appointed by the Chairman in replacement at the next regular meeting, and shall serve out the exiting member's term. e~m%~a~r-e~mme~ee-~e~--~~. The HPC shall be composed of both professional and lay members, all of whom have demonstrated interest, ~owledge, or training in fields closely related to historic prese~ation, such as histo~, architecture, landscape architecture, architectural histo~, archaeol~, planning, or other historic prese~ation related disciplines such as the building trades, cultural geography, cultural anthropolo~, real estate or law. Info~ation on the 6 credentials of the co-~ission members must be kept on file and available to the public. C. At least three members shall be professionals in preservation related disciplines such as architecture, architectural history, archaeoloqy, history, planninq or other historic preservation related disciplines such a s urban pl anninq, American studies, American civilization, cultural qeoqraphy or cultural anthropoloqy. If the professionals are not available in the community, and if it can be demonstrated that a ~ood faith effort was made to locate and appoint such professionals, this requirement can be waived, provided that the HPC is capable of carryinq out the responsibilities assiqned to it. D. When the discipline of architecture, history, architectural history or archaeology is not represented in the HPC membership, the HPC shall seek additional expertise in the appropriate areas when considering National Register nominations and any other deleqated actions that will effect that discipline. E. Members shall serve in accordance with the laws of Colorado and may be removed before the expiration of their appointment, by a majority vote of the City Council. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the City Council shall terminate the appointment of such person as a member of the HPC. F. Members shall serve without compensation. G. At the first regular meeting in August, the member of the HPC shall elect one (1) of their members as Chairperson and one (1) as Vice-Chairperson. In the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson and shall have all powers of the Chairperson. The Chairperson shall be elected for one (1) year and shall be eligible for re-election. H. The Chairperson of the HPC shall administer oaths, be in charge of all proceedings before the HPC, decide all points of order on procedure, transmit reports and recommendations of the HPC and take such action as shall be necessary to preserve order and the integrity of all proceedings before the HPC. I. The Secretary of the HPC shall be the City Clerk or the City Clerk's designee. The Secretary shall keep the minutes, shall mail notices of regular meetings to members no less than three (3) days in advance and for special meetings shall either mail notice, serve personally or leave notice at a member's usual place of residence no less than two (2) days in advance, and maintain the files of all studies, plans, reports and recommendations made by the HPC. J. Any member of the HPC who has six (6) or more absences from regular meetings during the calendar year may be subject to removal by the City Council. It shall be the responsibility of the Secretary of the HPC t~ notify the Chairman and City Council of such absences. K. Members of the HPC shall serve pursuant to Ordinance 50, Series of 1979, the Conflict of Interest ordinance with the exception that Commission members shall be allowed to appear before the City Council. Additionally, any member or associate of the member's firm bringing business before the HPC shall give written notice in the form of the submitted application which is the subject of the conflict or through verbal disclosure at a Public Hearing held by the HPC. Disclosure shall be made as soon as reasonably possible after the interest has arisen. That member shall thereafter not discuss the matter 9 with another member of the HPC. If members of the HPC find that any member has brought an excessive number of projects before the HPC, the matter may be reviewed by the HPC for recommendation to City Council. Sec. 4-406. Staff. The Planning Office ~&mmbmT-&~-Be~e~e~mem~-Aele~ey shall be the professional staff of the HPC. A representative of the Planning Office and a representative of the Building Department shall be available at all meetings to provide advice to the HPC. Sec. 4-407. Ouorum and necessary vote. No meeting of the HPC shall be called to order within a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority of the members of the HPC then present and voting. Sec. 4-408. Meetings, hearings and procedure. A. Regular meetings of the HPC shall be held on the second 10 and fourth Wednesdays ~es~&~ of each month. Special meetings may be called by the Chairman or a majority of members. B. Ail meetings and hearings of the HPC shall be open to the public. C. Public hearing shall be set for a date and time certain. Sec. 4-409. Committees and project monitoring. A. The Historic Preservation Commission may establish such committees as it deems advisable and assign each committee specific duties or functions. B. The Chairman may designate the members of each committee and may name the Chairman of each committee. The C~airman may fill vacancies on committees as they are created. C. Each development project shall have a HPC member assigned to it as a "Project Monitor". The duties of the monitor are to report at each meeting on the progress of the assigned project, keep current on the project's status through staff and the applicant, and 11 be available to confer with staff and the applicant on the project, if necessary. D. Time during "Communicationsm in each meeting will be dedicated to project monitoring reports. Section 4. That Article 7, Section 701, Purpose. of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and all subsequent sections in this Division renumbered accordingly. Section 3 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 portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued or concluded under such prior ordinances. 12 Section 5 A public hearing on the Ordinance shall be held on the /~ day of ~/~c4~_~ , 1989 at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once 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 ~ day of William L Stirling, Mayor v ATTEST: Kat~~ch, City Clerk FINALLY adopted, passed and approved this /~W~ day of ~ , 1989. William L. Stirl~ng, Mayor A.I~fE S T: Kathryn~. Koch, City Clerk ord.hpc.bylaws.2 13