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HomeMy WebLinkAboutminutes.council.special.20200630 1 SPECIAL MEETING ASPEN CITY COUNCIL JUNE 30, 2020 At 4:00 PM Mayor Torre called the special meeting to order with Councilmember Ward Hauenstein, Councilmember Skippy Mesirow, Councilmember Ann Mullins, Councilmember Rachael Richards via video conference. Ordinance #11, Series of 2020 - Time of Closure for Businesses. Mayor Torre stated that this is a special meeting regarding the first reading of Ordinance #11 and no public comment will be heard. Mayor Torre said the second reading will be the following night after the APCHA meeting. Jim True, City Attorney introduced Ordinance #11. Mr. True outlined the three main points to the emergency ordinance. First being mandatory closure of business at 12:00 AM. The second point outlined face coverings and requirements while in a business. The final point allows the City of Aspen to be able to suspend a liquor license or business license if there is a failure to comply. Mayor Torre suggested the removal of the second sentence in section two referring to times of last seating for restaurants. Councilwoman Mullins asked why they should have a designated time to close the kitchen if they are not serving food. Mr. True stated that there are establishments that could sell right up until 12:00 AM. Mr. True further explained that the ordinance calls for no patrons in the establishment after midnight. Councilwoman Richards stated that she agrees with Councilman Hauenstein and reiterated that the key component to this ordinance is that patrons are out of the establishment by midnight. Councilman Mesirow requested an update about the Board of Health meeting. Mayor Torre stated that the medical advisory team brought forth the information that loading reopening does not pose the same health concerns that bars & restaurants do. Mayor Torre further explained the discussion of restaurant curfew has been talked about for a few weeks. Councilwoman Mullins stated that lodges can help with the education of visitors with our current health policies. Councilwoman Mullins stated that the state has said bars could open up to 25% but the Pitkin County Board of Health decided that was not an option. Councilman Mesirow asked if the curfew was intended to be a substitute for closing bars. Councilwoman Mullins restated that bars are still closed per Pitkin County health order. Councilman Mesirow stated that he does not see the point of the curfew if the ordinance will have enforcement components to it. Councilman Mesirow stated that this decision will also hurt those following the rules. Councilwoman Richards stated that this is a true balancing act for the Aspen community. Councilwoman Richards said after living here for 40 years most restaurants after 12:00 AM turn into night clubs. Councilwoman Richards explained that at a certain point with loud music and 2 SPECIAL MEETING ASPEN CITY COUNCIL JUNE 30, 2020 drinks masks will come off and social distancing won’t be followed. Councilwoman Richards stated that a curfew is far better than a shutdown. Councilman Mesirow stated that he does not understand why the City would tell businesses not to operate rather than educate them to fulfill the five pints of containment and/or risk a loss of business or liquor license. Councilman Hauenstein stated that not all restaurants are complying and morphing into bars and putting the public at risk. Councilman Hauenst ein said that they were elected to govern the City of Aspen and not pass this responsibility to Pitkin County. Councilman Hauenstein further explained that it is their responsibility to keep the economy open and suppress COVID -19. Councilman Hauenstein stated that there has been outreach from restaurants for this measure, and further stated that this will help avoid something catastrophic. Councilman Hauenstein stated that this does not mean people need to be home and lock their rooms at midnight, this only applies to business will be closed by midnight. Councilman Mesirow asked if the curfew applies to the individual person. Mr. True stated as it is written all business must close by midnight. Mayor Torre said the convenience store in town may have reduced hours since. Mayor Torre asked for more information about the locals’ corner convenience store. Councilman Mesirow asked if this ordinance will affect babysitters from watching children after midnight. Mr. True stated how the language is written that locals’ corner and others would be affected. Mr. True said if the council would like to expand and look at the langue this is a possibility. Councilwoman Mullins urged that there needs to be a provision to let kitchens stay open until 11:30. Councilmember Mullis said that this ordinance needs to be as clear and understandable as possible. Mayor Torre stated that this ordinance is not here to dictate the hours one works but when patrons can and cannot be in an establishment. Councilman Hauenstein motioned to have Ordinance #11 read. Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. All in favor. Motion carries City Clerk Nicole Henning read Ordinance #11. Councilman Mesirow asked Police Chief Richard Pryor about his observation of the ordinance. 3 SPECIAL MEETING ASPEN CITY COUNCIL JUNE 30, 2020 Mr. Pryor stated that essentially this would be the same process as closing bars at 2:00 AM. Councilman Mesirow asked at the second reading will the police have a process ready for infractions. Mr. Pryor stated that when an officer makes contact with a check-in there is always a record. Mr. Pryor further explained that the first contact is to educate after that any other infractions is enforcement. Councilman Mesirow asked what challenges the Aspen Police Department will face by implementing a 12:00 AM closure. Mr. Pryor stated that time and the amount of staff will be the main obstacle. Mr. Pryor said that on top of night checks of business there are other obligations the officers have. Mayor Torre moved the conversation to section two stating strengthening the obligation of businesses that are open to the public, not to permit individuals in without masks. Councilwoman Mullins stated that it would be a good idea for the individual businesses to have the option of providing masks to the person if needed. Councilwoman Mullins stated that in the language of section two references bars and should be taken out since bars are not permitted to be open. Councilwoman Mullins asked what side of ten minutes does this order fall on less than or more than, referencing the time limit of the congregation of individuals without masks. Mayor Torre stated that it is the same as the Pitkin County Health Order, more than 10 minutes. Mr. True stated that under state and county rule any business with a tavern license is considered a bar and can be open if it has the ability and does serve food. Councilwoman Richards stated that language for bars should be put in place so when they do open, they are immediately covered. Councilman Hauenstein said he agreed with Councilwoman Richards and further stated that the language is fine as it stands and will cover bars once they are allowed to open. Mayor Torre said he doesn’t want anyone to get the wrong impression and further stating that the goal is not to increase the burden on these businesses but to support them and strengthen the business through the compliance of their patrons. Councilwoman Richards stated that adding a clear and clean definition of what makes a mask will be helpful, that there are a lot of interpretations like using socklet that is given when trying on shoes. Councilman Mesirow stated that he is in favor of section two. 4 SPECIAL MEETING ASPEN CITY COUNCIL JUNE 30, 2020 Mayor Torre stated that the Aspen Chamber Resort Association has begun helping with outreach to businesses and restaurants for the input and commits in preparation for the second reading. Councilman Hauenstein stated that he would like to see the language change that mask will stay in place until City Council deems it ok to remove mandate. Councilman Hauenstein said the re-upping every 30 days takes away the gravity and seriousness of the situation. Mayor Torre moved the discussion on to section three. Mr. True stated that section three allows the City of Aspen to access both liquor and business licenses and gives the power to the City Manager to suspend a license up to 15 days. Mr. True further explained that a hearing before the City Council, which shall be at the earliest possible date following notice of suspension will conclude termination of the suspension, extension of the suspension, or revocation of the license of the business. Councilman Mesirow stated that he is in support of this section and asked that the City Manager meets with the Chief of Police to discuss how this process will come forward. Councilman Hauenstein stated that the language used makes it very difficult or even impossible for the City to prove that there was a d eliberate and willful violation of the health order. Councilman Hauenstein further explained that this language gives City Council judicial duties. Councilman Hauenstein asked if these keywords could be taken out. Councilman Hauenstein stated that he would like the langue added about the individual business ability to have an appeal process. Mr. True stated that there is an avenue for the individual to go to court if they believe they were not fairly heard by the council. Mr. True explained that the council will be stepping into a quasi-judicial role. Mr. True addressed the concern about the language stating that this language helps meet the legal requirements and that all steps are properly being taken and that all evidence is in place. Councilwoman Mullins stated that the deliberate and willful violation language is needed, or the council will see unattended violations cases and that is not needed. Councilman Hauenstein asked if individual amendments need to happen during the first reading or will they be accepted at the second reading. Mr. True stated that amendments can be accepted during the first reading. Councilman Hauenstein motioned to adopt Ordinance #11 with the amendment to section one striking sentence two. Councilwoman Richards seconded. Councilwoman Mullins asked Councilman Hauenstein if he would accept a friendly amendment of the insertion of coworkers in section three. Councilwoman Richards asked Councilman Hauenstein if he would accept a 5 SPECIAL MEETING ASPEN CITY COUNCIL JUNE 30, 2020 friendly amendment of the insertion of the language about handing out fresh masks in section two. Councilwoman Richards asked Councilman Hauenstein if he would accept a friendly amendment stating that section four does not get repealed with other sections and becomes part of the City of Aspen’s code. Councilman Mesirow stated that he does not want to leave this discussion about masks and public health open-ended, rather a constant everchanging and growing discussion. Councilman Mesirow asked staff for more information about the box-it-in program. Councilman Mesirow stated that he would like to see the city ramp up the mask program with more effective masks like an N95 style for the public and asked staff to investigate this and come back with an update. City Manager Sara Ott stated that the masks that the city has been handing out are within CDC guidelines for face coverings. Ms. Ott said that she is still waiting for an update about the box - it-in program from the county and will update soon. Councilman Mesirow restated that he would like to see the City of Aspen provides a more efficient mask that well help in public health rather than a cloth buff. Councilwoman Richards stated that she would like to see a definition of who should be getting these provided masks, is it locals, guests, or a mix. Councilwoman Richards said that there is a need for clear face shields that could be given out for those hard of hearing and need to read lips. Ms. Ott pointed out that the face shields do not meet the public health order that the council passed. Mayor Torre called for a roll call vote for Ordinance #11 first read. Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. 5-0, motion carried. Councilmember Hauenstein motioned for second reading for Ordinance #11 for July 1st, 2020. Councilwoman Mullins seconded the motion. Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes 5-0, motion carried. Councilwoman Mullins motioned to adjourn. Councilmember Hauenstein seconded Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. 5-0, motion carried. 6 SPECIAL MEETING ASPEN CITY COUNCIL JUNE 30, 2020 ______________________ Nicole Henning, City Clerk