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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. 1 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 2 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. 3 Continued Meetin As en Cit Council Jul 5 1988 Kathryn S Koch, City Clerk