HomeMy WebLinkAboutminutes.council.special.20200701
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SPECIAL MEETING ASPEN CITY COUNCIL JULY 1, 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.
Jim True City of Aspen Attorney reintroduced Ordinance #11-2020, Mandatory Closing Time
for Business, for the second reading. Mr. True reviewed the amendments council had requested
for the ordinance.
Councilman Hauenstein asked for clarification on when the ordinance will take effect.
Mr. True stated that the ordinance will take effect immediately if four councilmembers vote in
favor. He pointed out that each section could start at different times if the council see that
necessary.
Councilman Hauenstein suggested this go into effect the morning of July 2nd, so individuals are
not caught off guard.
Mayor Torre stated that the council will discuss each section, starting with section one.
Mayor Torre asked Chief of Police Richard Pryor about what the enforcement side of this
ordinance will look like.
Mr. Pryor stated that this will be a bright line and will be easier to see if a business is breaking
this rule and to document. He further said that the 12:00 AM checks will look like our 2:00 AM
checks prior to COVID times. Mr. Pryor said the officers have their body cameras recording to
document every encounter.
PUBLIC COMMENT: None
Councilman Mesirow stated that there is a path for council to support all the measures with a
small alteration. He said that he was in support of sections 2 and 3 of the ordinances and liked
focusing on the accountability aspect. Councilman Mesirow stated that he questioned section 1
about curfews and said this will do harm to some business. He raised questions about the box-it-
in strategy and where is and isn’t being enforced hotels, bars, social gatherings. Councilman
Mesirow stated that he spoke to the hospital about the matrix that is used to determine the level
of emergency in relation to COVID-19. He further explained that with rising cases in Aspen, the
matrix is moving from a comfort level to a cautions level. Councilman Mesirow stated he would
be in favor of a one-month curfew with an appeal option for those businesses that are doing no
harm and practicing the box it in strategy.
Councilwoman Mullins suggested that the ordinance take effect the morning of July 2nd. She
said that she has gotten numerous emails from restaurants in support. She said she likes an end
date, so the council can go back and reevaluate to extend or expirer. She stated that we can
review mid-August. Councilwoman Mullins reiterated that she supports the curfew to take effect
the morning of July 2nd and in effect till mid-August.
Councilman Hauenstein stated that there needs to be some clarification on some of the language.
He said he is in support of the suggested edits that Mr. True put forth. He stated his support for
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SPECIAL MEETING ASPEN CITY COUNCIL JULY 1, 2020
the start date beginning July 3rd and suggested the order goes to September 9th. Councilman
Hauenstein said that restaurants need to help enforce the wearing of masks, this is not a political
issue but a public health issue. He asked that gross negligence should be added to section 3
paragraph A.
Mayor Torre asked Councilman Hauenstein what about the businesses that are being safe and
complying in reference to extending this through the summer.
Councilman Hauenstein said it becomes a slippery slope when you start saying these businesses
need to follow curfew and these businesses do not. He thinks that it should apply to all
businesses.
Councilwoman Richards stated that the United States in general has done a poor job in response
to this pandemic. She said it has been announced that US citizens cannot travel to Europe now.
She said think of how this will affect our ski industry. She stated that we cannot separate the
good behaviors from the bad behaviors we are one community and one bad behavior can bleed
over to others and negate all our efforts. She said we are so focused on the economic recovery,
but we’re not prepared as a community for reopening. She stated that 80% of the community is
complying, but not our guests, and we cannot let a group of bad apples ruin the bunch. She stated
that she agrees with Councilman Hauenstein’s analogy about cigarette smoking in the
restaurants. She said she agrees with closing date Councilwoman Mullins suggested, it is a
compromise between Councilman Mesirow and Councilmember Hauenstein.
Mayor Torre asked Councilman Mesirow to explain a little bit further about the appeals process
he is referring to.
Councilman Mesirow stated that this will be an exception from early closing for certain
businesses if the 5 commitments are met. He said there are many other businesses we have not
thought of yet and doesn’t want to punish unnecessarily. He said the appeals process will help
these businesses continue operations safely.
Councilwoman Richards asked what if that doesn’t work. She said that this is a risk she’s not
willing to take. She stated that if a babysitter exemption needs to be put into this ordinance, she
will do it. She doesn’t feel that there are a bunch of other examples.
Councilwoman Mullins thanked Councilmember Richards for her comments and stating that
they are right on. She said we’re doing what we were elected to do, working for the health and
safety of our community. Councilwoman Mullins stated that we are in a real crisis right now. She
said people are coming here because Aspen is safe, but they are going to make it unsafe for us.
She stated that she does not want to begin to think about whether we are going to overwhelm the
healthcare system or not, she further stated that we need to be incredibly strict and stringent.
Councilwoman Mullins stated that she can’t support an appeals process. She said that the
community is concerned about enforcement and how to enforce it. She said that it is time to be
black and white and not cut corners and stands by August 25th.
Councilman Hauenstein stated that this is the time to take action and protect Aspen. He said he
does not support an appeals process and is willing to add an amendment for babysitters. He said
that he agrees with Mr. True's suggestion of the time change for businesses to open back up at
5:00 AM. Councilman Hauenstein stated that he would prefer this ordinance to go through
September 9th.
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SPECIAL MEETING ASPEN CITY COUNCIL JULY 1, 2020
Councilman Hauenstein moved to adopt Ordinance #11, Series of 2020 with a start date of July
3rd through September 9th, 2020. Councilwoman Mullins seconded the motion.
Councilman Mesirow stated that he supports August 17th for his end date choice.
Mayor Torre said August 17th is 6 weeks away and Councilmember Mullins’ date is 8 weeks
away.
Councilwoman Richards stated that this conversation is getting too narrowly focused on our city
limits and there needs to be more focus on the national level where our visitors are coming from.
She said that this dissection boils down to two hours, where there is no food being served and
drinks are being served and masks come down. She stated that it’s important to have some
consistency so the public can follow. She stated that she is ok with an August 25th end date.
Councilwoman Richards asked Councilman Hauenstein if he would accept a friendly amendment
to change the end date to August 25th,2020. Councilman Hauenstein accepted the friendly
amendment, and Councilwoman Mullins seconded.
Councilman Mesirow asked Councilman Hauenstein if he would accept a friendly amendment to
split this ordinance into two. Councilman Hauenstein did not accept the friendly amendment.
Mayor Torre asked if a business gets a first offense is it immediately subjugated to losing their
license.
Mr. True stated that it will be up to the City Manager’s discretion on how to proceed.
Councilman Mesirow asked if food delivery would be affected by the ordinance.
Mr. True stated that yes it will since that is a function of the restaurant.
Councilman Mesirow asked Councilman Hauenstein if he would accept a friendly amendment to
add the exception for a hotel food delivery to a hotel room. Councilman Hauenstein accepted the
friendly amendment, and Councilwoman Mullins seconded.
Mr. True outlined the amendments that have been made for Ordinance #11
Mayor Torre stated that this is an ongoing conversation and that council needs to be prepared to
discuss this topic again and again.
Mayor Torre called for a roll call vote for Ordinance #11-2020
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes 5-0, motion carried.
Councilwoman Richards 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.
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SPECIAL MEETING ASPEN CITY COUNCIL JULY 1, 2020
______________________
Nicole Henning, City Clerk