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HomeMy WebLinkAboutminutes.council.19891106CITY a- ASPEN 130 ~opth g~ltgx street asps; eetor~do '81611 303-X25-2020 November 4, 1989 NOTICE OF SPECIAL MEETING At the request of Mayor Stirling, there will be a special City Council meeting Monday, November 6, 1989, at 7:00 p.m. in the City Council Chambers, 130 South Galena, Aspen, Colorado. The purpose of this meeting will be to propose that Council go into executive session as per rules and regulations of the City Council of Aspen, Colorado, regarding litigation to discuss with the city attorney the recent ruling of District Court Judge Ossola regarding an approval granted by resolution to Hadid Aspen Holding in September 1988. Kathryn ~. Ko City Clerk Notices delivered to: Mayor Stirling Councilmembers Michael Gassman Frank Peters Steve Crockett Bill Tuite City Manager Anderson City Attorney Special Meeting Aspen Citv Council November 6, 198.9 Mayor Stirling called the meeting to order at 7:15 p.m. with Councilmembers Peters, Crockett, Gassman and Tuite present. Mayor Stirling said he called for the special meeting as provided for in the Charter. City Clerk Kathryn Koch reported the written notices were delivered at least 24 hours before the meeting. Mayor Stirling said he requested this special meeting because of the recent ruling of Judge Ossola and the potential liability for the city. Councilman Gassman moved to go into executive session to discuss Judge Ossola's ruling and the potential liability to the city; seconded by Councilman Crockett. Sandy Stuller, city attorney's office, recommended Council go into executive session. This is one of the recognized exceptions to the open meeting requirements, that the Council may consult with their attorney about matters relating to litigation. Ms. Stuller said she would not feel comfortable discussing the pros and cons of alternatives in an open session. Bob Hughes, representing Savanah Ltd., told Council they do not object to Council meeting in executive session. Hughes said they assume whatever comes out of that session, Savanah will be given the opportunity to discuss in an open forum. Mayor Stirling pointed out no decisions can be made in executive session. Bil Dunaway strongly objected to a public body going into executive session to discuss a public matter, which is the ruling of the district judge. Dunaway said Council is a public body and the public wants to know what their attorney has to say about past Council actions and about the recent ruling. Dunaway said this should not be done in private. Dunaway said Council's thought processes in making decisions are important to the public. Councilman Peters said the city is a named defendant in a law suit, so there_is present litigation. Councilman Peters said he is concerned about protecting the city's interest in litigation. Richie Cohen said where the city is being challenged for its actions and the responsibilities and consequences of that challenge is going to be something that is going to make the entire city subject to. Cohen said it is only right that the Council as an extension of the city make any discussions and background informa- tion available to everyone. Hughes said since his clients are co-defendants in the lawsuit, it might be appropriate for him to sit in on the meeting. Ms. Stuller said the city, as any private individual, enjoys attorney-client privilege. Ms. Stuller said this request for executive session is clearly within the bounds of the exceptions created by the court and by the city ordinance. Ms. Stuller pointed out this decision 1 Special Meeting Aspen Citv Council November 6, 1989 did not constitute the end of the litigation; there is on-going litigation. The ruling is now being challenged by Savanah. Ms. Stuller pointed out there are outstanding claims based on estoppel and vested rights, which may result in damage claims against the city of Aspen. Ms. Stuller said Council has to act accordingly to protect the city against these damages. Ms. Stuller requested Council decline that the co-defendants sit in the executive session. The co-defendants have made claims for vested rights and estoppel. Hughes reminded Council about 18 months ago, his clients met with Council who said if Savanah reduced the mass and room count of the hotel and get into the process, they will have a Ritz Carlton approval. Hughes said the applicants spent six months with Council and did that. Hughes said the applicants did their job, and the Council did not do theirs. Hughes recommended Council correct the technical error that was made in the process. All in favor, motion carried. Council went into executive session at 7:35 p.m. Council recon- vened at 8:35. Councilman Peters moved to continue the special meeting to Wednesday November 8, 1989, at 3:00 p.m.; seconded by Councilman Tuite. All in favor, motion carried. Council adjourned at 8:37 p.m. ~~ Kathryn Koc City Clerk 2 Continued Meeting Aspen City Council.. November 8, 1989 Mayor Stirling called the meeting to order at 3:05 p.m. with Counilmembers Gassman, Tuite, Crockett and Peters present. Mayor Stirling asked the representatives of Savanah Ltd. if they were rather have these discussions in private or public. John Sarpa, representing Savanah Ltd., said they understood this meeting to be a discussion between co-defendants on a litigation matter. Sarpa said this would be appropriate to have this discussion and to have it in a way in which Council and Savanah would be free to discuss all the options. Councilman Gassman moved to go into executive session with representatives of Hadid Aspen Holdings to discuss the facts of Judge Ossola's ruling; seconded by Councilman Crockett. Sandy Stuller, city attorney's office, said there is no question that Council is entitled to go into executive session. Bil Dunaway said Council's press release states they are meeting with represen- tatives of Hadid Aspen Holdings to determine what can be resolved by negotiations. Dunaway said it is wrong to negotiate land use matters in secret. Dunaway said negotiating with the applicant his land use application in executive session is contrary to the judge's ruling and the city's ordinance. Bob Hughes, representing the applicant, said his understanding of this meeting was that the co-defendants could discuss issues relative to the existing lawsuit. Hughes told Council he would not let his clients meet other than in an executive session because it could have great implications on existing litigation. Hal Clifford said the city and Hadid are at odds on what should happen on the property and will not only be speaking as co-defendants. Clifford said Council will be talking about negotiation and land use development. Dunaway said rather than negotiate with a developer, it is better not to meet at all. Councilman Peters said he wants to gather information that has to do with the land use issue. Councilman Peters said one implication of Ossola's opinion is that land use issues must be carried out in a public process. That public process will happen notwithstanding this executive session. The people will have the last say in land use issues. Dunaway questioned Council going into an executive session to get information. Ms. Stuller said as a matter of law, any parties to litigation to settle a land use matter in the form of an agreement adopted by a court in the form of a consent decree, that decree would override any existing regulations in that municipality. Ms. Stuller said the reason for the meeting is to see whether the two parties can negotiate a resolution to the litigation that is on-going. Ms. Stuller said it will be a long term investment, public and private, 1 Continued Meeting Aspen City Council November 8, 1989 if this cannot be resolved. Ms. Stuller said she is not suggesting there be any elimination of any public process in this. Sarpa said his organization has shown a lot of acceptance and trust in the public process. Ms. Stuller noted the courts know that unless people have an opportunity to talk frankly with each, the discus- sions will not happen. That is why immunities are created. This is afforded to everyone in litigation. Hughes agreed and said the applicant cannot talk in a public format without prejudicing litigation strategies. Mayor Stirling pointed out the Council cannot make any decisions in an executive session. All in favor, motion carried. Council went into executive session at 3:25 p.m. Kathryn S. Koch, City clerk 2