HomeMy WebLinkAboutminutes.council.19900511Continued Meeting Aspen City Council Mav 11, 1990
Mayor Stirling called the meeting to order at 4:05 p.m. with
Councilmembers Pendleton, Peters and Gassman present.
CHARTER AMENDMENT
S~/ Coleman told Council his group submitted a Charter amendment
p tition containing 650 signatures to the City Clerk this morning.
Coleman told Council they gathered these signatures in 3-1/2 days.
Kathryn Koch, city clerk, told Council a Charter amendment petition
requires signatures of 10 percent of the registered voters on the
day the affidavit of petitioners committee was filed. This was
4,652 registered voters and 465 signatures were required. Ms. Koch
told Council she and her staff certified over 500 signatures today.
Jed Caswall, city attorney, read to Council the provisions covering
Charter amendments from the city's Charter and the C.R.S. 31-2-201.
Councilman Gassman moved to adopt Resolution #18, Series of 1990,
calling for a special municipal election July 10, 1990; seconded
by Councilman Peters.
Coleman told Council due to the various laws on when an election
can be held, the only days they could circulate the petition was
May 7 to May 11. Coleman told Council they received tremendous
support , from the public on this Charter amendment, which is to move
the municipal elections back to May and to eliminate the primary.
Coleman reminded Council the League of Women Voters did a study
which showed the first week in November has the same number of
voters in town as the first week in May.
Mary Martin told Council she has been told by the Secretary of
State's office that the city's home rule Charter does not come
under state rule in election issues. Ms. Martin reminded Council
they chose to put the original Charter amendment on the ballot last
May to change the election from May to November including the
language that a Council person does not take office until June.
Ms. Martin said this amendment has not been given a chance. Ms.
Martin said she would like a chance to review the signatures on the
petitions. Ms. Martin said the glitch can be resolved by Council
members resigning six months early. Ms. Martin said the reason for
a November election is to have a one-time election period. Ms.
Martin said Council seems to be aiding and abetting this process.
Ms. Martin said the city clerk has never certified a petition in
half a day before. Ms. Martin said she thought amendments had to
be filed under the initiative process rather than the Charter
amendment process, which would require signatures of 15 percent of
the registered voters. Ms. Martin said Council should honor the
citizens' votes.
Caswall told Council the state cannot impose upon a home rule city
certain procedures to follow for amending its Charter. This does
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Continued Meeting Aspen City Council May 11, 1990
not mean a home rule city cannot accept procedures adopted by the
state legislature for amending the Charter. Caswall pointed out
Section 13.10 of the Charter points out how the Charter is to be
amended, as provided by the Colorado Constitution. Caswall said
there is a procedure in C.R.S. 13-2-201 for cities to follow to
amend their Charter. This is not an initiative and referendum
under Aspen's Charter. Caswall said this procedure is within the
letter of the law as well as the intent and spirit of the Constitu-
tion and the statutes. Caswall noted Council has no discretion in
accepting petitions. Under state statutes, the Council shall set
the election date as asked for by the petitioners, which is July
10, 1990.
Eve Homeyer explained the home rule committee chose elections in
May rather than in November because that is budget time. Council
would be campaigning and well as working on the budget. A new
Council would be in office with having no say about the adopted
budget. Jon Busch said having a primary and general election may
intimidate qualified people who do not have a lot of money to spend
on campaigns. Busch said having an election during budget process
may give incumbents a tendency to look favorably upon special
interest groups. Busch objected to having an election campaign
going on during budget process. Rachel Richards told Council she
helped circulate the petitions. People were not aware there would
be a lame duck period of over 6 months. Ms. Richard said people
have indicated they would like to have more discussion of this
Charter amendment; this is going to the voters. The amendment will
not be decided by the petition or by the Council without going to
the electorate.
Bill Martin pointed out for this special election, the voters will
only have the choice to leave it like it was voted a year ago or
vote to put the elections to May. Martin said this is unfair to
the voters. Martin said the right thing for Council to go would
be to put two questions on the ballot one of which corrects the
glitch in the November election. Coleman said Council does not
have that option because it was not in the petition. Jim Curtis
said he would like to see this not evolve into a controversial
situation but a simple issue for the community.
Mick Ireland said his main concern with the process is that
elections in Aspen are becoming big-city spending affairs. If
there is a November election, the city candidates will be compet-
ing against county, state and national offices. The candidates
with the most money will get the most attention. In May a
candidate with few funds can still capture the public's attention.
Richard Compton agreed having the election in May allows the
candidates and the citizens to devote more attention to the issues .
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Continued Meeting Aspen City Council May 11, 1990
Councilwoman Pendleton said the lame duck period does not do any
good for Council or for the public. Something has to be done about
it. Councilwoman Pendleton said Council has been presented with
a petition. If the citizens wanted to change the swearing in
dates, they too would have to do a petition and there is no time
left. Councilman Peters said the petitioners' committee obtained
the signatures and these have been verified. Council has to set
an election. Mayor Stirling said Council has to consider what is
in the long range best interests of the citizens of Aspen. This
group has met all the legal criteria. Mayor Stirling pointed out
Council did accommodate PRO last year in getting this issue on the
ballot and gave the benefit of the doubt between staff and citizens
to the citizens.
All in favor, motion carried.
Mayor Stirling moved to direct the city clerk to public notice of
the election within the next 30 days; seconded by Councilwoman
Pendleton. All in favor, motion carried.
Council adjourned at 4:55 p.m.
Kathryn Koch, City Clerk
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