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HomeMy WebLinkAboutordinance.council.029-04ORDINANCE NO. ~q (SERIES OF 2004) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO C~PT'ER 26.220.030 AND 26.220.050 OF THE CITY OF ASPEN MUNICIPAL CODE, TO REDUCE THE MEMBERSHIP OF THE HISTORIC PRESERVATION COMMISSION AND TO REDUCE THE QUORUM WHEREAS,-the Director of the CommUnity Development Department has proposed amendments to the Land Use Code related to the membership of the Historic Preservation Commission due to a lack of applications to fill vacant seats on the board for an extended period of time. The vacancies have resulted in problems attaining a quorum and conducting the business of the commission; and, WHEREAS, the amendments requested relate to Sections 26.220.030 and 26.220.050. Historic Preservation Commission, of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code may be approved by City Council by adoption of an Ordinance; and, WHEREAS, the Community Development Director recommended adoption of the amendments, as described herein, to the aforementioned sections for the purpose of promoting the goals of the'Aspen Area Community Plan and protecting the public health, welfare, and safety; and, WHEREAS, the City Council reviewed and considered the recommendation from the Community Development Director and comments from members of the public; and, WHEREAS, the City Council finds that the amendments, as hereinafter described, meet or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare and should be adopted as an emergency Ordinance pursuant to Section 4.11 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Section 26.220.030 of the Municipal Code of the City of Aspen, Colorado, which section defines the "Membership- Appointment, Removal, Terms and Vacancies" for the Historic Preservation Commission, shall hereby be amended to read as follows: 26.220.030 Membership--Appointment, removal, terms and vacancies. A. The commission shall be composed of five (5) members and shall be appointed by the City Council. The City Council shall also appoint one (1) alternate member to the commission. The alternate member shall vote only in the absence of one (1) or more regular members. When a professional member as defined in "subsection I" resigns, that member shall be replaced with another professional member. If a qualified professional member cannot be located after a good faith effort or when a regular lay member resigns, the alternate member shall automatically be appointed as a regular member in replacement. B. All members serve at the pleasure of the City Council and may be removed for cause prior to the expiration of their appointment by a majority vote of the City Council. Cause may include, but is not limited to, the following: the commission member has four (4) or more absences from regular meetings during the calendar year, the member is no longer a . qualified elector, or the member while in office is convicted of a felony or an offense involving moral turpitude. C. All members, including the alternate, shall serve a term of four (4) years. There shall be no restraint on the number of terms any member of the commission may serve. D. When a member or alternate member is appointed to fill out the term of a departing member or alternate member, that person's term shall end at the time the departing person's term would have ended. E. At the first regular meeting in January, the members of the commission 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. F. The chairperson of any meeting of the commission may administer oaths, shall be in charge of all proceedings before the commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the commission. G. The secretary' of the commission shall be the City Clerk or the City Clerk's designee. The secretary shall keep the minutes, shall notify commission members of regular and special meetings, and shall maintain the files of all studies, plans, reports, recommendations and development decisions of the commission. H. The Historic Preservation Commission shall be composed of both professional and lay members, all of whom have demonstrated interest, knowledge, or training in fields closely related to historic preservation, such as history, architecture, landscape architecture, architectural history, archaeology, planning, or other historic preservation related disciplines such as the building trades, cultural geography, cultural anthropology, real estate or law. Information on the credentials of the commission members must be kept on file and available to the public. I. At least three (3) members shall be professionals in preservation related disciplines such as architecture, architectural history, archaeology, history, planning or other historic preservation related disciplines such as urban planning, American studies, American civilization, cultural geography or cultural anthropology. If the professionals are not available in the community, and if it can be demonstrated that a good faith effort was made to locate and appoint such professionals, this requirement can be waived, provided that the Historic Preservation Commission is capable of carrying out the responsibilities assigned to it. J. When the discipline of architecture, history, architectural history or archaeology is not represented in the Historic Preservation Commission membership, the Historic Preservation Commission shall seek additional expertise in the appropriate areas when considering National Register nominations and any other delegated actions that will effect that discipline. K. Members of the commission shall serve without compensation. Section 2: Section 26.220.050 of the Municipal Code of the City of Aspen, Colorado, which section defines the "Quorum and necessary vote" for the Historic Preservation Commission, shall hereby be amended to read as follows: 26.220.050 Quorum and necessary vote. No meeting of the commission shall be' called to order without a quorum consisting of at least three (3) members being presem. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agen'da items to a date certain. All actions shall require the concurring vote of no less than three (3) members of the commission then present and voting. Section 3: The City Council hereby finds that an emergency exists consistent with Section 4.11 of the City Charter in that the adoption of this ordinance as an emergency ordinance is necessary 'to preserve the health, peace or safety of the public. Accordingly, this ordinance shall become effective immediately. Section 4: This Ordinance shall not effect any 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 conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, p'tu'ase, 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 shall not affect the validity of the remaining portions thereof. Section 6: That the City Clerk is directed, upon the adoption, of this Ordinance, to record a copy of this Ordinance in the office of the Pitldn Cotmty Clerk and Recorder. INTRODUCED, READ AND APPROVED ON FIRST READING AS AN EMERGENCY ORDINANCE by the City Council of the City of Aspen on the 23rd day of August, 2004. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved as an emergency ordinance this 24th day of August, 2004. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney