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HomeMy WebLinkAboutminutes.council.19990827Soecial Meetin~ Asoen City Council August 27, 1999 Mayor Richards called the meeting to order at 9:05 a.m. with Councilmembers Paulson, Markalunas, McCabe and Hershey present. BALLOTLANGUAGE John Worcester, city attorney, reminded Council Resolution #69, Series of 1999, was adopted August 23. After talking to the County Clerk about the advisory questions, she said the county ballot could not have multiple choice questions. Worcester told Council he has researched the statutes and has called the Secretary of State' s office. Worcester said the only reference he could find is that TABOR questions have to be answered yes or no. Worcester noted a home rule city can ask questions the way they want; however, this is a coordinated election and the County Clerk has been designated as the election officer. Worcester said he believes the city has the right to ask the questions any way they want. Worcester presented resolution #75, which repeals Resolution #69 and rewrites the advisory questions so that they can be answered yes or no. Mayor Richards said this might be an opportunity to reconsider the initiated question as well as all the city transportation questions. These questions could be put on the November 2000 ballot in order to gather more information. Councilman McCabe said he has though this over and his committee is not interested in withdrawing their questions. Councilman Hershey moved to table this until he has had an opportunity to read the resolution; seconded by Councilman McCabe. Councilmembers Hershey and McCabe in favor; Councilmembers Paulson, Markalunas and Mayor Richards opposed. Motion NOT carried. Mayor Richards said the first two questions do not discuss rail or bus; they are about the future of the community and will give the electors a chance to tell the Council how they see the community moving forward. Mayor Richards moved to amend the language on (c) on advisory question B to read "make mass transit work valley-wide, using park and ride lots throughout the valley, and no do increase in-town parking"; seconded by Councilman Markalunas. Councilmember Paulson, Markalunas and Mayor Richards in favor; Councilmembers Hershey and McCabe opposed. Motion carried. Soecial Meetin~ Asoen City Council August 27, 1999 Councilman Paulson moved to adopt Resolution #75, Series of 1999, as amended; seconded by Councilman Markalunas. Councilman Hershey quoted from the editorial in August 27 Aspen Times, "Secondly, the question are so loaded as to be an insult even to voters who favor rail. They are in the nature of "Choose one: A. I beat my wife; or, B. I'm in favor of rail." Those who favor putting these questions on the ballot may truly feel they will help 'clear the air' - but if they think that, they are very, ver wrong." Councilman Hershey said he feels the advisory questions are loaded and may so alienate the voters that they will vote in favor of unlimited traffic. Councilman Hershey said he is opposed to the advisory questions and also the way they came about. Mayor Richards said these questions are designed to be simple enough for people to understand and to answer them. The questions will give the city direction; they are not designed to elicit a single response. Mayor Richards noted the first two questions do not mention the type of system, just should the city stay on course in containing traffic. Voters will have a chance to talk about the consequences and costs of the future of the valley. Mayor Richards said the advisory questions are very straight forward and not subject to the level of interpretation that has been going on for the last several years. Councilman Hershey said he feels there will not be a clear answer to these questions. Mayor Richards said the results of the valley-wide CIS comparing the costs of rail versus bus versus no-build will be available in October. Councilman Hershey moved to object to consideration of these questions and that these questions be stricken; seconded by Councilman McCabe. Councilmembers Hershey and McCabe in favor; Councilmembers Paulson, Markalunas and Mayor Richards opposed. Motion NOT carried. Councilman Markalunas said he would prefer a ballot with just advisory question C. Councilman Markalunas said he does not know if the city can get a clear indication from the voters by having 4 choices each on options A and B. Councilman Markalunas said unless advisory questions A and B can be rewritten for only one yes or no vote, he would prefer they be stricken. Councilman Markalunas said it does not serve any purpose to confuse the issue by saying yes to all 4 choices. 2 Soecial Meetin~ Asoen City Council August 27, 1999 Councilman Paulson indicated he feels these are good questions and he would like to know the answers to them. Councilman Paulson said he has been wondering about these questions and they have never been asked. This would be very good information. Councilman McCabe said the questions do not give the voters a chance to tell Council what they think but only what they think about these particular options. Councilman Markalunas said he strongly supports the advisory questions; however, he does not support the technical aspects of questions A and B. Councilman Hershey moved to adopt Resolution #75, Series of 1999, dropping A and B and leave C as only advisory question; seconded by Councilman McCabe. Councilman Markalunas said he would prefer to see advisory question B with a simple yes or no answer. Mayor Richards said she wants to see all of the options on the ballot; this is about where the community wants to go and what outcomes they want to achieve. Roll call vote; Councilmembers Hershey, yes; Paulson, no; McCabe, yes; Markalunas, no; Mayor Richards, no. Motion NOT carried. Mayor Richards moved to pull all advisory questions; seconded by Councilman McCabe. Mayor Richards said she feels these questions all stand alone. Councilman Markalunas said he feels they are technically flawed because people can contradict themselves. Councilman Paulson said he feels each option asks specific questions; 2 percent growth and 4 percent are different answers. Mayor Richards noted each question has a percentage of yes and no, which will show how people feel about each of these questions individually. Councilman Markalunas said he will accept having all advisory questions on the ballot; however, he does not feel the answers will give a sense of clarity. Mayor Richards moved to withdraw her motion. Councilman McCabe said he does not withdraw his second. Roll call vote; Councilmembers Markalunas, no; Paulson, no; Hershey, yes; McCabe, yes; Mayor Richards, no. Motion NOT carried. 3 Soecial Meetin~ Asoen City Council August 27, 1999 Roll call vote; Councilmembers McCabe, no; Paulson, yes; Markalunas, yes; Hershey, no; Mayor Richards, yes. Motion carried. Mayor Richards asked if there is a different funding amount for the bus question that Councilmembers might support. Councilman McCabe said the money for the bus system is for the entire Aspen to Glenwood system. The petitioners' question on rail is only from the airport to Aspen. The two questions do not cover the same territory. Councilman McCabe said if there were a question reflecting what it would take to upgrade the bus system to integrate it into all other components with costs only from Buttermilk to Rubey park, that would be a more equitable comparison. Councilman McCabe said when the petitioners' crafted the ballot language, they tried to make it include rail further outside Aspen, but the petitioners were told they could not do that because this is a city of Aspen vote. The petitioners would have preferred to put it into a valley-wide question. Mayor Richards said there is no funding plan for a busway, there is no consensus on the type of buses, the total costs. Councilman McCabe noted the previous Council did not study the bus system; they were studying a rail system. Mayor Richards said the Corridor Investment Study studies a system that connects valley-wide. Councilman McCabe said the petitioners' ballot question is for the higher of the two choices with the assumption if voters reject the higher dollar amount, the only other option left costs less money, which is the bus option identified in the record of decision. Councilman McCabe said busway will be significantly less than a rail system. Councilman Markalunas moved to adjourn at 10 a.m.; seconded by Mayor Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 4