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COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
February 15, 2017
Kiki Raj called the meeting to order at 8:43 a.m.
Commissioners in Attendance: Kiki Raj, Bill Guth, Bill Dinsmoor, Steve Fante,
Charles Cunniffe, Terry Butler and absent was Fred Ayarza.
Staff in attendance: Linda Manning; City Clerk, Nicole Henning; Deputy City Clerk,
Dan Nelson; Downtown Coordinator
Ms. Butler started off the meeting by complimenting Mr. Nelson and the Core’s
tree lighting saying they are festive and not just for the holidays. Mr. Cunniffe
commented that they are a symbol of vitality, happiness and optimism and for
celebrating the Core.
Ms. Raj started the conversation on the potential retail ban in Aspen and said that
chains and retail stores are down nationally. Ms. Butler said that 25% of people
that stay in her hotel are shoppers and not skiers. Ms. Manning explained to the
board that we had a Council work session regarding the retail shops on the 6th of
February and that 40 other cities around the US, have some sort of formula retail
ban. A conditional use review is being proposed for Planning & Zoning to review
formula retail. Formula retail consists of eleven or more businesses (chains)
worldwide. This consists also of businesses which have their employees wearing
uniforms, dressing the same, merchandising, logos, etc.
Mr. Guth stated that there is a very easy way around this rule and completely
disagreed with the idea. He said a trademark can be tweaked just a little bit, for
example, J Crew On the Mountain.
Ms. Raj commented that the idea is stupid, low quality and not well thought out.
Mr. Guth agreed that this was not well thought out and something like this cannot
be policed. Ms. Manning said that Planning & Zoning will decide who is accepted
and that certain places will be grandfathered in and if the building already exists,
the formula can come in and that this only pertains to new buildings/spaces. Mr.
Guth said that all this is, is a gift to existing landlords in the core and Ms. Manning
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said that there could be a possible rush of applications for remodel before this
goes into effect. Ms. Butler stated that she was in Odd Molly the other day
looking at ski gear and was told that only two of their locations have ski gear;
Aspen being one of them, so is that considered a chain? Mr. Guth replied saying
that there are so many potential loop holes and that we should not try and
regulate- but instead stimulate. He suggested a “shop local” campaign like many
other cities are doing. Mr. Cunniffe stated that Aspen never approaches an issue
with a carrot, but instead, always with a stick. Ms. Raj asked Ms. Manning if this is
really happening, in which, Ms. Manning replied that yes, this is a proposed
ordinance initiated by a citizen committee spearheaded by Jerry and Gina
Murdoch to have this on the ballot in May and it would have gotten approved in
original format, which was much stricter, until the City got involved.
Mr. Cunniffe stated that this is yet another abuse of staff’s time and Mr.
Dinsmoor agreed saying that staff will once again be burdened by crap.
Ms. Manning let everyone know that the Murdoch group will be having a public
outreach meeting next week, which Nicole will send an email about. They will be
coming back to Council on the 27th for the first reading at 5:00 p.m. She reminded
everyone to go to aspencommunityvoice.com to leave comments as well.
Ms. Raj asked if this included pop ups as well and Ms. Manning answered no, that
this is a separate issue and they are still working on the pop ups.
Mr. Guth stated that CCLC should make an official statement to Council regarding
the fact that you can’t punish newcomers and that there are so many loop holes.
Ms. Raj said she doesn’t think it will matter if that is said. Mr. Cunniffe replied
that we have to say it.
Mr. Dinsmoor asked if there is a benefit and Mr. Fante responded that it’s a
balance of power and an issue of regulating culture. Mr. Guth asked if this is
about punishing landlords and Mr. Fante asked how we can regulate it and that
it’s a cultural issue. Ms. Raj stated that this type of environment would require a
change to the culture of Aspen. Ms. Butler commented that it’s the internet
taking away the local businesses, not retail. Mr. Fante suggested that the local
population wants to take the power back. Mr. Guth suggested that a lot of
people think that it will affect rental rates, but it won’t and Ms. Manning agreed
and said it doesn’t restrict what you can sell. Mr. Guth said it comes down to
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supply and demand and that we need to stimulate local business instead of
punishing retail business. It’s just not going to work. “Carrots” said Mr. Cunniffe.
Mr. Dinsmoor suggested we have a mission statement to issue to Council.
Mr. Cunniffe suggested the following, “This looks to us that it will be very difficult
to enforce and instead should have incentives to encourage local business”.
Mr. Dinsmoor commented that we should focus on the corollary.
Mr. Fante suggested, “we’re concerned that it won’t have much effect and is just
going to put more stress on the city staff”.
Ms. Butler stated that it is just going to cause legal matter after legal matter with
big corporate lawyers.
Mr. Guth suggested the terms, “stimulating and encouraging instead of targeting”
with something such as, “CCLC understands the concerns of the community and
the reasons behind this; however, we find that the current attempt is rife with
loopholes and work-arounds and will always be. Encourage, stimulate and
incentivize to thrive and be here”.
Mr. Dinsmoor suggested that we give special bus passes or better parking
arrangements to local business owners and said we need to start talking about
opportunities to give incentive. Ms. Raj said that clearly this is a significant issue
that is emerging since 40 other cities are also involved and Mr. Fante agreed that
there must be some legal basis for it if all these other cities are enforcing it. Ms.
Butler brought up the fur ban from the late 80’s, early 90’s with the headlines,
“don’t wear your fur in Aspen” and she said that we don’t need a “don’t go to
Aspen if you want to shop” headline. We don’t need more negative headlines
and need to watch that as it won’t help any of the businesses as a whole. She
stated that we survived 9/11, 2008 and the fur ban so we don’t need another
negative time brought upon us unnecessarily. Mr. Fante said that winter is the
lower season here and summer is the bigger season and asked what is driving
this. It’s too expensive to be here in the winter? It’s because Vail is a powerful
marketing force? He thinks we are losing people and there are other alternatives
taking away our business already.
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Ms. Manning stated that the next item to be dealt with is in reference to the “mall
team” working on the changes to the mall plan and there will be a meeting in
April that they will want CCLC input. Mr. Cunniffe suggested that the mall team
make a presentation to CCLC as a review group. Ms. Manning agreed and said
that can be set up.
Mr. Cunniffe mentioned that there will be a memorial for Don Sheeley on
Thursday at the Jerome from 4-6 pm.
Ms. Manning mentioned that we have spots to fill on this board with interviews
being in June and that if the board knows of anyone interested to please let her
know. There should be seven members with one alternate. There was a
discussion amongst the group regarding which business area the next person
should come from whether it be lodging, retail, hospitality, realty or marijuana.
Mr. Guth asked about mall leases and Ms. Manning responded that it is still being
discussed, but hope to have a meeting about it sometime in March. Mr. Guth
suggested that we need to discuss the issue ASAP and get the application form
done and distributed so business owners have ample time.
Ms. Raj motioned to approve the minutes from February 1st, Mr. Fante seconded.
All in favor, motion carried.
Off the record commentary.
Nomination discussion – Mr. Dinsmoor nominated Ms. Raj for Chair. Ms. Raj
nominated Mr. Fante for Vice Chair. Ms. Raj asked Mr. Guth if he would be
interested. Mr. Dinsmoor nominated Mr. Guth, Ms. Butler seconded. Mr. Guth is
Chair and Mr. Fante is Vice Chair. All in favor, motion carried.
Meeting adjourned at 10:00 a.m.
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Nicole Henning, Deputy City Clerk
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