HomeMy WebLinkAboutminutes.council.19880705Continued Meeting Aspen City Council- July 5, 1988
Mayor Stirling called the meeting to order at 7:00 p.m. with
Councilmembers Isaac, Fallin, Tuite and Gassman present.
INITIATIVE PETITIONS
City Clerk Kathryn Koch told Council the required 504 signatures
have not been met. Ms. Koch told Council she has certified 433
signatures out of the 680 presented, using the voter registration
list, list of inactive voters, and registrations in the last two
weeks. Ms. Koch said she only discounted signatures of people
who did not live in the city or did not put a complete address.
Ms. Koch told Council there were 9 people who did not print their
names and their signatures could not be deciphered to be cer-
tif ied.
Joe Edwards, representing the petitioners, told Council they are
lacking 69 signatures, some of which could be certified by the
morning because of lack of address or indecipherable signature.
Edwards said the normal procedure when the city clerk certifies
that a petition is insufficient, there is a two day period in
which the petitioners have to respond. The petitioners then have
a 10 day period within which to make the supplementation.
Edwards suggested the city clerk certify the petition as insuffi-
_ cient, the petitioners committee will immediately file the notice
of intent to supplement. Edwards said he feels they could have
the signatures in two days and will help in the certification of
these signatures. Edwards said by Friday evening, the city would
have a sufficient petition. This is within the 30 days prior to
the August 9 election. Edwards said this would require another
continuation of this meeting. Edwards said if this is not able
to get on the August 9 election, there is an uncertainty hanging
over the minds of the community, the developers, the Council etc.
Edwards said this will go to the electorate at some time, even if
it is a referendum on an ordinance approving the hotel. Edwards
said it seems cost effective to put this on an election that is
already scheduled. It is also cost effective from the com-
munity's stand point to get this issue over. Edwards said there
are 435 voters who are asking for another extension of this
meeting in the same kind of consideration that has been given the
developers of this project.
Ms. Koch told Council the procedure is for her to send the
petitioners' committee a registered letter indicating the
petition is insufficient. The committee has two days to notify
the city they want to amend the petition. The petitioners'
committee has 10 days to amend the petition, and the city clerk
has 5 days after that to certify the supplemented petition.
Councilman Tuite said he does not want to make an exception for
this group that the city would make for any other group.
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Continued Meeting Aspen City Council _ July 5, 1988
Councilman Tuite said he is willing to put this to another
election. Councilman Isaac said he would prefer to have this
election after Council has had a chance to evaluate the applica-
tion of the Aspen Mountain Lodge. Councilman Isaac pointed out
Council has not looked at the amended PUD. Councilman Isaac said
his inclination would not be to extend this meeting.
Councilwoman Fallin said if a citizen's group does a petition and
gets enough certified signatures, every effort should be made for
that petition to go to a vote. Councilwoman Fallin said she will
put this to a vote of the people as soon as all the signatures
could be certified. Councilman Gassman said it is clear there is
a strong core of support for having a vote on this issue.
Councilman Gassman said he does not see what is gained from
putting this off. Councilman Tuite said the Council called a
special meeting. Mayor Stirling asked if any other petitions
have been turned down in the same manner. Ms. Koch reported a
Charter amendment and initiative petition in the past has been
certified insufficient and were amended. Ms. Koch said the
Council did not have special meetings for these petitions.
Councilman Isaac asked what is the hurry to have this election in
August. Edwards said scheduling a special election would cost
more taxpayers money. Another reason is a quick resolution of
the community's feeling about this project is of v alue to
everyone. Councilman Isaac said he would like to get the facts
before there is an election.
Councilman Gassman moved to extend the Council meeting to Friday,
July 8, 1988; seconded by Mayor Stirling. All in favor, with the
exception of Councilmembers Tuite, Fallin, and Isaac. Motion NOT
carried.
Bil Dunaway said it has not been resolved that this petition
applies to the Aspen Mountain Lodge application. Dunaway asked
if the city has a legal opinion that says what happens if this
ordinance is adopted by the public. City Attorney Taddune told
Council the petitioners' committee's position is that this
ordinance would not effect the approved Roberts design but it
would effect any amendment in process. Taddune said the question
is whether the approved Roberts' design is vested.
John Sarpa, representing the Aspen Mountain Lodge project, said
there has been debate on the PUD and on this petition. Sarpa
said the applicants have had a flood of people approach them an
apologize for having signed this petition because of the con-
fusion on how it was presented. Sarpa said he feels the appli-
cants worked effectively to come up with an agreement with the
Council. This agreement was that between May 5 and September 12,
the applicants would work as hard as they could to go through the
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Continued Meeting Aspen City Council July 5, 1988
process. Sarpa said their concern is to cut this process off.
Sarpa said they have no problem with taking this to the vote, but
it should be done with the signatures and within the right time.
Sarpa said the people should know what they are voting on.
Eloise Ilgen told Council when she signed the petition, she asked
the circulator if it would affect Hadid's hotel or anything in
the works. The circulator answered absolutely not. Ms. Ilgen
said there is a problem with the petition; it should be thrown
out and started over. Mary Martin told Council the affirmative
action committee is ready to challenge the signatures. Ms.
Martin suggested the city clerk may need an independent group to
review the signatures. Ms. Martin told Council she has 17
petitions out being signed with 500 signatures in support of the
project. Ms. Roch told Council she had calls from 4 people
asking that their name be taken off the petition because they
felt they were mislead. Paul Hamwi said since there has been
some confusion about what people have been signing, it may be in
the community's interest to re-word the petition and re-present
to the electorate.
RESOLUTION #17 SERIES OF 1988 - Ballot Questions
Mayor Stirling suggested in question #7 on the Zoline property it
be clarified that the retained uses for trails be for both summer
and winter use. Mayor Stirling moved to add the words "all
season" between the words retain and uses; seconded by Councilman
Isaac. All in favor, motion carried.
Councilman Tuite said asked if there is to be a description for
the employee housing at the Red Roof. Mayor Stirling said his
assumption has been it would be east of the existing facility.
Chuck Vidal pointed out the existing building would screen
construction to the north. City Attorney Taddune pointed out the
Red Roof property is not currently in use for open space. Mayor
Stirling suggested adding a direction in the Koch lumber question
also. The city cannot infringe on the golf course at the Red
Roof because it is a separate piece of property.
Mayor Stirling moved on question #6 add the work "southerly" to
replace the word "rear", and on question #5 add "expansion in a
northerly or easterly direction"; seconded by Councilwoman
Fallin. All in favor, motion carried.
Councilwoman Fallin moved to adopt Resolution #17, Series of
1988; seconded by Councilman Isaac. All in favor, with the
exception of Councilman Gassman. Motion carried.
The meeting was adjourned at 7:40 p.m.
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Continued Meetin As en Cit Council Jul 5 1988
Kathryn S Koch, City Clerk