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HomeMy WebLinkAboutminutes.council.20060613 Reeular Meetine Aspen City Council June 13. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards and Johnson present. REPORT ON PROCUREMENT HEARING WHEELER SEATING CONTRACT John Worcester, city attorney, told Council the procurement appeals board consisting of Councilmembers DeVilbiss and Torre met, heard testimony from city staff and from the appellant. The board found the decision of staff to grant the contract to C. Y. Young should be upheld. The board did not find that staff had violated any rules or regulations of the municipal code. Worcester told Council this was a unanimous decision. Councilman Torre noted this was an open and shut decision in what the board was to evaluate. Councilman Torre noted the appellant had a good bid and had good reasons that they could have been awarded the contract. Councilman Torre said there was no wrongdoing by the city staff. Councilman Torre stated he supports staff s decision as well as the process. Councilwoman Richards moved to approve Resolution #43, Series of 2006, Wheeler Seat Replacement Contract to CY Young group; seconded by Councilman Johnson. All in favor, motion carried. CALL UP OF HPC DECISION - 434 East Cooper Councilwoman Richards said she would like to discuss the demolition permit approved by HPC within the 30-day period allowed for that discussion. Amy Guthrie, community development department, told Council HPC received an application requesting demolition of the building at 434 East Cooper, which is in the historic district. Ms. Guthrie noted the building is not designated historic but designation has been discussed. Ms. Guthrie told Council the application is for such a significant remodel that it would have been close to demolition. Ms. Guthrie told Council HPC had two work sessions with testimony from historic experts and also a public hearing. Staff recommended not to allow the demolition. HPC approved the applicant's request 3 to 2. Councilwoman Richards said she is concerned that the 30-day time period has started and Council needs to address this. Councilwoman Richards noted there was a split vote at HPC and staff recommended against this and for these reasons, Council should discuss this. John Worcester, city attorney, reminded Council when they call a project up, it is reviewed as an appeal, the overall project is not judged, but whether HPC abused their discretion or violated the applicant's due process. Worcester reiterated Council will not be judging whether the building should be demolished. Councilman Johnson said he read the HPC packet material and he has questions about the internal material. Councilman Johnson said with the packet material, his understanding of the history of the building and the history of the architecture, he would support calling up the decision. Councilwoman Richards said she feels this is a historic structure in the downtown core and needs to be reviewed by Council. Councilwoman Richards noted every review ofHPC where demolition might occur is subject to call up by Council. 1 Reeular Meetine Aspen City Council June 13. 2006 Worcester noted the development order is held up 30 days for the call up period. Worcester pointed out a condition of approval states the applicants cannot get their demolition approval until a development application is submitted. Worcester asked if the code triggers a process when one files for demolition whether it is historic. Ms. Guthrie said the staff has to make findings that a building has no significance. Worcester reiterated if Council calls this up, they will be reviewing HPC's decision; it is not a review to determine whether a building should be torn down. Council will be determining whether HPC's decision was made correctly or if there is a fault in the decision making process. Worcester said this is not the first call up by Council. Councilwoman Richards moved to call up the Bidwell building Historic Preservation Commission's allowance for a demolition permit; seconded by Councilman Torre. Councilman Johnson said if this provision were not in the code, he would have an issue. Councilman Johnson said this seems to be safeguarding the process and acting on behalf of the citizens. All in favor, with the exception of Mayor Klanderud. Motion carried. Councilman Torre moved to adjourn at 5:20 p.m.; seconded by Councilman Johnson. All in favor, motion carried. ~. tic ;/ <2/ 7<-~ ~- K~ hryn S. K ch, City Clerk \ 2