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HomeMy WebLinkAboutminutes.council.20180904Special Meeting Aspen City Council September 4, 2018 1 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 2 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