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Home My WebLink Aboutminutes.council.20100824Continued Meeting Aspen City Council August 24, 2010 RESOLUTION 1167, SERIES OF 2010 — Ballot Question Lodging Tax ........................... 2 RESOLUTION #70, SERIES OF 2010 — Ballot Question Charter Amendment June Runoff.................................................................................................. ............................... 2 RESOLUTION #71, SERIES OF 2010 - Ballot Question Charter Amendment No Runoff .............................................................................................................. ............................... 3 RESOLUTION #72, SERIES OF 2010 — Amending MOU with CU Given Institution.... 5 RESOLUTION #73, SERIES OF 2010 — Ballot Question Given Institution .................... 5 GIVEN INSTITUTE ORDINANCE #48 NEGOTIATION ................ ............................... 5 1 Continued Meeting Aspen City Council August 24, 2010 Mayor Ireland called the continued meeting to order at 4:10 p.m. with Councilmembers Torre, Johnson, Skadron and Romero present. RESOLUTION #67, SERIES OF 2010 — Ballot Question Lodging Tax City Attorney, John Worcester, told Council he made minor changes in the ballot question which would allow the city greater flexibility to whom they will give the money with the intent to give it to ACRA but it could be some other entity. Mayor Ireland stated he supports the 1% tax on lodges as a way to help the community redirect to a sustainable tourist track and also to ask all citizens to support this lodging tax. Mayor Ireland moved to approve Resolution #67, Series of 2010, a I% Lodging Tax; seconded by Councilman Romero. Debbie Braun, ACRA, said this is referred to a tourism promotion tax or a visitor benefit tax and she requested it be called a lodging tax. Mayor Ireland moved to amend Resolution #67, Series of 2010 to refer to this as a lodging tax; seconded by Councilman Romero. Councilman Skadron said when voters look at this question, it will appear that taxes are being increased. Mayor Ireland noted the TABOR amendment specifies how language reads for tax increase. Ms. Braun said there will be an information campaign to let voters know this tax is on accommodations only. Councilman Johnson asked if this will affect the current contract with ACRA. Worcester said the existing contract will continue until termination and if this passes, Council will decide to amend the contract to add this 1% or in the future to combine the contract and the revenues. Council discussed changing the name to tourist lodging tax; however, this tax would apply to anyone staying in a lodge whether they are tourists or not. All in favor, motion carried. RESOLUTION #70, SERIES OF 2010 — Ballot Question Charter Amendment June Runoff Mayor Ireland noted recommendations from the Election Commission at last night's meeting were to go back to 50% for the Mayor and 45% for Council seats. Councilman Skadron asked whether it is 45% or 45% plus 1. Worcester said it is 45% plus 1. Councilman Skadron asked if that is necessary. Worcester said it is not but that is the terminology that has been used. Worcester noted he would prefer 45% or more. Council agreed the language for Mayor should be 50% plus 1 but that is a majority and 45% or more for Council. Worcester said if the "plus 1" is for Mayor, it should be used in both. Council requested a final sentence, "If neither question is approved, then instant runoff voting will be retained ". Continued Meeting Aspen City Council Aueust 24, 2010 Mayor Ireland moved to adopt Resolution #70, Series of 2010, with the amendment in the first whereas to reflect 50% and to add a sentence at the end, If neither question is approved, then instant runoff voting will be retained; seconded by Councilman Johnson. Worcester pointed out the final paragraph is only necessary if both questions are on the ballot. Marilyn Marks said she would prefer to see just one question on the ballot to revert back to 45% and 50% plus one and to have a June runoff. Ms. Marks asked if each ballot question will have its own denominator to create a majority number. Worcester said that is correct and it is not the percentages that count; it is the number of affirmative votes. In determining if both questions pass, one would look at the total number of votes each received. Ms. Marks said a small number of people could vote on one ballot measure and determine which voting method the city will use. Mayor Ireland said the greater number of affirmative votes determines which question wins. Ms. Marks said this is confusing and voter education will be impossible. A no vote does not mean no to IRV, just no to something. Ms. Marks said a simple question would be best. Councilman Skadron agreed the language is not clear and the city should err on the side of simplicity and one question would serve better. Councilman Skadron said he would like to know how the voters feel about winner take all but two questions may not serve the best interest. Councilman Skadron stated he favors one question on the ballot. Si Coleman said winner take all was the way Aspen voted for many years and it should be one option presented to the voters. Coleman said many voters may resent not being able to vote on that option. Councilman Torre said he feels the way Aspen gets the best representation on Council is through election dialogues and winner take all does not offer that. Councilman Torre said runoff also gives the community time to realize the makeup of the Council and the benefit of voter input to get a Council that represents the broad base of the community. Coleman said winner take all allows a shot at various points of view and the runoff causes more middle of the road candidates winning. Councilman Torre said the community can get positive or negative results from either of these systems. Andrew Kole said the point of an election is not creating diversity. Kole said it will be more difficult to explain to voters why two questions. Kole said he favors one question for runoffs. Mayor Ireland said he does not buy the argument that two questions would be too complicated. Worcester pointed out the second paragraph will not be in this question unless there are two Charter amendment election questions. All in favor, motion carried. RESOLUTION #71, SERIES OF 2010 - Ballot Question Charter Amendment No Runoff Mayor Ireland moved to approve Resolution #71, Series of 2010, with the addition of the sentence as above; seconded by Councilman Johnson. Continued Meetine Aspen City Council Aueust 24, 2010 Neil Siegel noted some changes to the whereas paragraph to eliminate reference to runoff. Siegel suggested in these ballot questions to put the last paragraph first as it is an introduction and may help eliminate some confusion and inform the voter there are two questions. City Attorney, John Worcester, pointed out state statutes require the submission clause be framed so that it can be answered with a yes or no response. Siegel said this paragraph would give guidance. Councilman Skadron said his priority is to make sure it is clear to the voters what they are voting on; after voting on one question, a second one appears asking a similar question and what impact will yes or no have on the second yes or no vote. Jim True, special counsel, said that is the purpose of the clarifying second paragraph so that it is clear there are two ballot questions. Councilman Skadron said the fact that clarifying language is required is enough to conclude that the process is not clear. Mayor Ireland said he trusts the public enough to give them choices. Councilman Romero and Mayor Ireland in favor, Councilmembers Skadron, Johnson and Torre opposed. Motion NOT carried. Councilman Skadron moved to reconsider Ordinance #21, Series of 2010; seconded by Councilman Johnson. All in favor, motion carried. Councilman Torre moved to adopt Ordinance #21, Series of 2010; seconded by Councilman Johnson. Roll call vote; Johnson, no; Skadron, no; Romero, yes; Torre, no; Mayor Ireland, yes. Motion NOT carried. Mayor Ireland moved to amend ordinance #20, Series of 2010, to conform to the ballot question as adopted in Resolution #71, Series of 2010; seconded by Councilman Johnson. Roll call vote; Torre, yes; Skadron, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to go into executive session at 5:15 p.m. pursuant to C.R.S. 24-6 - 402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; seconded by Councilman Romero All in favor, motion carried. Mayor Ireland moved to come out of executive session at 5:55 p.m.; seconded by Councilman Romero. All in favor, motion carried. Mayor Ireland moved to go back into executive session at 5:58 p.m. pursuant to C.R.S. 24- 6- 402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to come out of executive session at 6:20 p.m.; seconded by Councilman Romero. All in favor, motion carved. 0 Continued Meeting Aspen City Council August 24, 2010 RESOLUTION #72, SERIES OF 2010 — Amending MOU with CU Given Institution Mayor Ireland moved to table Resolution 472, Series of 20010; seconded by Councilman Romero. Mayor Ireland said there is inadequate protection for the citizens of Aspen in this proposed MOU amendment. Councilman Torre said he would prefer to deny this Resolution. Mayor Ireland withdrew his motion. Councilman Torre moved to approve Resolution 972, Series of 2010. Motion DIES for lack of a second. RESOLUTION #73, SERIES OF 2010 —Ballot Question Given Institution Mayor Ireland said he does not think there is anything to offer the voters. No motions were forthcoming. GIVEN INSTITUTE ORDINANCE #48 NEGOTIATION Amy Guthrie, community development department, told Council the Given Institute has until September 22 on this issue and requested Council continue this until the next meeting. Councilman Johnson moved to continue the Ordinance #48 negotiation for the Given Institute until September 13; seconded by Councilman Romero. All in favor, motion carried. Councilman Johnson moved to adjourn at 6:30 PM; seconded by Councilman Romero. All in favor, motion carried. C./ Kattli S. Koch, City Cler