HomeMy WebLinkAboutminutes.council.20180904Special Meeting Aspen City Council September 4, 2018
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At 4:00 p.m. Mayor Skadron called the special meeting to order with Councilmembers Myrin,
Hauenstein, Mullins and Frisch present.
Jim True, city attorney, said Resolution #133 approves a settlement agreement in the two cases involving
city offices at the Rio Grande property pursuant to Ordinance 4. There are two separate cases. We have
worked with the attorney for the litigants and the settlement agreement is attached to Resolution #133.
The agreement sets forth the agreement on the ballot issue in Resolution #132. The final language is
included in the settlement agreement. It also requires that the litigation be stayed until the completion of
the election and the end of the due diligence period to purchase the property at 517 and 204. If the stay is
lifted the parties will be in the same position then, as they are today. During the stay there will be an
election. The settlement agreement sets for the alternatives as a result of the election. If option A,
purchase of 517 and 204 receives the most votes, then ultimately the council will vacate Ordinance 4 and
the litigation will be terminated. There is a provision that recognizes there may be circumstances beyond
city control where the contract may be terminated prior to December 3, 2018 where the litigation stay
may be lifted and we are in the same place we are now. If option B, Rio Grande receives more votes,
then the litigation will be dismissed, with prejudice and there will be no further litigation regarding
Ordinance 4. We have negotiated these terms in good faith. The agreement has been signed. If you
adopt Resolution #133 then it will set these matters in motion. The settlement agreement will be entered.
Resolution #132 sets the ballot language and sets the matter on the ballot.
We believe this settlement agreement is appropriate at this time which could resolve the litigation once
and for all. If not, it stays it for a period of time and we would be in the same place in December as we
are now.
Ms. Kronberg has raised a question about the ballot language I thought we resolved. I would not support
any kind of modification without Goldenberg and Goshorn here.
Toni Kronberg said the best option out of this is we are going to have new city offices and the voters will
decide where they are. Both Option A and Option B are identical. The difference is A says it is under
contract but does not say the resolution number. Option B says Ordinance 4.
Mr. True said this was brought up early in the discussion. I suggested the reason we didn’t want to put
111 because it was amended by 130. To get a full grasp you would have to refer to both and I think there
was a third. I suggested to the attorney it would just be more words in the question. I understand her
point but at some point, you refer to the original contract and the amendment.
Mayor Skadron said it seems like it complicates an already complicated issue.
Councilman Hauenstein said we are on the third contract with Hunt.
Mayor Skadron closed public comment.
Councilwoman Mullins said she needs more details. We started with two lawsuits. If we put this on the
ballot, if Ordinance 4 wins the lawsuits are dropped after the election. Mr. True said the stipulations are
not dropped until after the results are certified. Soon after the election, if Ordinance 4 gets the most votes
then the stipulation of dismissal will be filled for both cases. This agreement provides a waiver of any
rights for these three litigants to state any claim against the city to delay it or otherwise state a claim
against the city. We believe we’ve got a very through and broad prevention from that kind of scenario if
4 gets the most votes. Councilwoman Mullins said if the Daily News building wins it is not as clear cut.
Mr. True said this is why the litigation is just stayed. It does involve some continued negotiation with
Hunt. There are circumstances with those discussions and moving forward with that contract where the
contract could fall apart. What we felt was not appropriate was to agree to something that could blow up
outside the control of council and then not have any option. We suggested to stay the litigation then if it
did blow up prior to December 3 then the stay is lifted then none of this happened. Councilwoman
Special Meeting Aspen City Council September 4, 2018
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Mullins said if Option A wins and something happens we have no control over it’s as if nothing happens.
If we go ahead what are the chances someone litigates over 517. Mr. True said something like that could
happen. It’s hard to fashion what the basis of litigation on the Hunt contract would be. It is clearly just
and administration function. The chances of that and risk seem to be slim. I think some of that would
have to come up now and between December 3. HPC did grant a preliminary approval for an essential
public facility. It will come to council eventually and there is a theory that it could lead to litigation. I
can’t guarantee something won’t happen that is bad.
Councilman Hauenstein said if it happens after December 3 the lawsuits go away. Mr. True said but
we’ve vacated Ordinance 4. It doesn’t mean we can’t go back and do another approval on that property.
We are trying to make sure we get this as strong as possible by December 3 and move forward. It’s
almost no difference if Hunt wins and we stay with the contract and a new council gets elected and wants
to start all over.
Councilman Hauenstein said if Ordinance 4 is rescinded is the land use void as well. Mr. True replied
yes.
Councilman Hauenstein moved to adopt Resolution #133, Series of 2018; seconded by Councilman
Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Hauenstein, yes; Mayor
Skadron, yes. Motion carried.
Mr. True said Resolution #132 adopts the ballot language that will be submitted to the county clerk. It
has the same language that is in the settlement agreement.
Councilman Hauenstein moved to adopt Resolution #132, Series of 2018; seconded by Councilwoman
Mullins. Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mullins, yes; Myrin, yes; Mayor
Skadron; yes. Motion carried.
At 4:50 p.m. Councilman Frisch moved to adjourn; seconded by Councilman Hauenstein. All in favor,
motion carried.
Linda Manning
City Clerk