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resolution.council.033-21 CITY OF ASPEN, COLORADO CITY COUNCIL RESOLUTION# 33 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SETTING THE DATE OF APPEAL AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE APPEAL OF THE HISTORIC PRESERVATION COMMISSION'S DETERMINATION OF FEBRUARY 17, 2021. WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, 1020 E. Cooper LLC has timely filed an appeal of the Aspen Historic Preservation Commission denying the application of 1020 E. Cooper LLC,for redevelopment of property located at 1020 E. Cooper Ave, Aspen, Colorado; and WHEREAS,pursuant to Chapter 26.316 of the Aspen Municipal Code,the appeal is heard by the Aspen City Council and is reviewed on the record established by the decision-making body from which the appeal is taken; and WHEREAS, the City Council has determined that it is in the best interest of the City and the parties involved to hear the appeal at a special meeting and to formally set forth specific procedures for the conduct of the appeal applicant's appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1. Pursuant to Section 4.2, of the Aspen Municipal Charter, the City Council hereby directs the City Clerk to call and properly notice a Special Meeting of City Council to be held on April 19, 2021, commencing at 4:00 p.m.,for the purpose of hearing the appeal of the Aspen Historic Preservation Commission ("HPC") determination denying the application of 1020 E. Cooper LLC, for redevelopment of property located at 1020 E. Cooper Ave, Aspen, Colorado. Section 2. Pursuant to Section 26.316.030 of the Aspen Municipal Code and Section XVIII of the Rules and Regulations of the Aspen City Council, the Council hereby adopts the following procedures for the conduct of this appeal: PRELIMINARY PROCEDURES: 1. Video of Hearings of HPC are available at: https://records.ciiyofaspen.com/weblink/O/fol/I 986097/Rowl.aspx\ 2. The record of the hearings of HPC shall be made available to the applicant and the public no later than March 26, 2021. 3. Written Legal Arguments shall be allowed pursuant to the following procedures: (a) Schedule for submission: All legal arguments shall be submitted to the Office of the City Clerk on or before April 9, 2021 at 12:00 noon. Such written arguments can be sent to the Clerk at Nicole.henning@cityofaspen.com or deliver in person or by mail to the City Clerk, 130 S.Galena Street,Aspen,CO 81611,no later than the date and time specified herein. (b) Who may submit: Applicant may submit a written argument in support of its appeal. HPC may submit a written argument in support of its decision. Any other interested party may submit a written argument in support of or in opposition to the application. (c) Requirements of written submissions: Page Limits: Applicant: 10 pages, double spaced, 12 pt. font, including exhibits, 1"margins. HPC: 10 pages, double spaced, 12 pt. font, including exhibits, 1" margins. All other parties: 7 pages, double spaced, 12 pt. font, including exhibits. Content: Anyone submitting a brief should confine their arguments to the facts in the record before the HPC. No additional evidence shall be submitted or considered by Council. The record will be paginated so that references to the facts should contain a reference to the page in the record where the facts were presented. All written arguments must be submitted to the Clerk's Office no later than April 9,2021 at 12:00 noon. CONDUCT OF HEARING: 1. No oral presentation will be made to Council. 2. The Public may attend the meeting through Webex. However, no public comment shall be taken. 3. Any party who has submitted a written argument in support of a position may wish to be available to answer appropriate questions from Council. 4. Council shall review the record and deliberate based on the record and legal positions presented. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23rd day of March 2021. 7XF91 Torre, Mayor I,Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on March 23, 2021. Nicole Henning, Cityle