HomeMy WebLinkAboutminutes.council.19670828640
Special Meeting Aspen City Council August 28, 1967
Special Meeting was called to order at 3:40 p.m. byMayor Robert Barnard with
Councilman Werner Kuster,~Wittiam M~Eache~n, Clyde ctymer,'Attorney Janet Gaylord Hearing
and City Administrator Leon Wurl. Centre of Asp~
Liquor Lic.
Meeting was called for. public h~aring on:liq~o~ violations'Of the:~so ~called "Daisy
Duck" - Centre of Aspen ~-Re§61U~i0~"~o~ tr~h§f~r~funds,~'dump'and proposed budgets.
Mayor Barnard opened the public hearing on l~quor violations of the licensed
premises of the Centre of Aspen located at 611 E. Durant, Aspen, Colorado.
Officer Philpott - State Liq6or I~Spectdr ~Vi01ations brought~forth July 20, 1967
against Aspen Mountain Enterprises doing business as Centre of Aspen at 6L1 East
Durant, Aspen, County of Pitkin, State of Colorado, licensed by the Secretary of
State #G-573. - ~ ~' '
Violation of 75-2-3 (6) selling, malt, vinous, spirituous liquor under an unauthor-
ized trade name. 75-2-3 (8a) selling malt', Vinous, spicit~ous liquor dba""The
Daisy Duck Bar and G~ill". Two violations of'I9 (b) - June 4, 1967 and July'9, 1967.
Pertaining to the unauthorized trade name, I made a routine inspection of the
Aspen Mountain Enterprises - The Centme of Aspen. I talked to the bartender, Dick
Hollars, and told him he would have to notify the State Licensing Authority also the
County Licensing Authority and would have to change the trade name of the Daisy
Duck Bar and Grill. License was issued to the Aspen Mountain Enterprises doing
business as under the trade name of the Centre of Aspen.' This was in May 23, 1967
you will acknowledge this signature at the lower left hand of this paper. On 1:00
p.m., June 26, 1967, I returned tO the Aspen Mountain Enterprises and they were
still conducting business as the Dafsy Duck Bar and Grill advertising as such and
had been since I talked to Mr.'Hollars. July 20, 1967 i had a conference with
members of the Aspen Police Department as to other activities of the Aspen Mountain
Enterprises and at that time I wrote a violation report covering both violation
of '75-2-3 of the~Cotorado--Liquor Code Amende'd. M-alt, vinous and spirituous liquor
selling under unauthorized trade name and also violation of'75-2-3 (8a) selling
malt, vinous, spirituous liquor under the name of the Daisy Duck Bar and Grill and
2 violations of 19b - June 4, 1967 and July 9, :19671 This violation did occur
in Pitkin County, City of Aspen, State of Colorado in th~ year 1967.
Attorney Gaylord - I"think this notice ,that was given to the licensee should be
entered in as Exhibit A for: the City and the return receipt.
Officer Philpott was sworn in by Mayor Ba~nard)
Officer Philpott - As Exhibit B this is State Form #RJ-21 Revis'ed 9/66 State of
Colorado Liquor License Addendum Form, apparently was filled out on a typewriter
July 15, 1967, sent to our office with the corporate name Aspen Mountain Enterprises
Inc. trade name Centre 'of Aspen and/or The Daisy Duck Bar and Grill address 611 East
Durant, Aspen, Colorado, State License ~G-573.
Attorney Gaylord - Mr. Philpott where did you get that form.
Officer Philpott I received this form from our division in Denver.
Attorney Gaylord - Was it requested from the Secretary of State.
Officer Philpott - Not to my knowledge.
Attorney Gaylord It was sent into the liquor licensing authority by the licensee.
Officer Philpott - That is correct.
Attorney Gaylord - What is there on there that pertains to the charge.
Officer Philpott - Mr. Hollars when I co,acted him the first and second time was
shown forms of the type to use and apparently, I don't know why they sent this par-
ticular form in. It is signed by Aspen Mountain Enterprises, Inc. by H. A. Steber,
I believe.
Attorney Gaylord - Is this reguired to be filed with the Secretary of State and also
is it required that the change in name to be filed with the Clerk and Recorder of
the County.
Officer Philpott - The addendum form is anytime there is a change in 10% or over in
stock.
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Special Meeting Aspen City CoUncil August 28, 1967
Liquor Heating Attorney Gaylord - Did you check with the Pitkin-County Clerk and Recorder whether
',entre of Aspen a trade name affidavit had been filed.
Officer Philpott - I checked with them this date approximately one hour ago and no
form of such type has been recorded in their office.
Attorney Gaylord - Can you tell us how many times you asked the people at the Centre
of Aspen to file this form.
Officer Philpott - I talked to the bartender Dick Hollars and advised him at least
twice. Mr. Hollars and his partner are managing the Aspen Mountain Enterprises during
the summer.
Attorney Gaylord - Don't you have some proof that they have been doing business
under the name of the Daisy Duck rather than the Centre of Aspen.
Officer Philpott - I have a number of clippings from the local newspaper advertiging.
(Clippings were marked Exhibits C and D by Attoney Gaylord for the City.)
Attorney Gaylord - City offers Exhibits B, C and D. Would like to have Officers
Anticevich, Wall and Day sworn in to testify.
(Officers Anticevich, Wall and Day were sworn in by Mayor Barnard)
Attorney Gaylord - Officer Anticevich did you file a complaint against a person who
created a disturbance at the Daisy Duck B.ar.
Officer Anticevich - Yes
Attorney Gaylord - Was that person later convicted of disturbing peace and being
drunk in a public place.
Officer Anticevich - That is right. ·
Attorney Gaylord - When did all that happen.
Officer Anticevich - It was about 11:30 p.m. on that night in July.
Attorney Gaylord ~- Tell us what you recall. ·
Officer Anticevich - Officer Wall and I were called to go down to the Daisy Duck as there
was a party down there creating a disturbance and tearing things apart. The man
who called, Phil Clark, stated he ~would like an officer and further stated to us
that he would sign a complaint, that was over the phone.
Attorney Gaylord - Did he sign a complaint later.
Officer Anticevich - No, he did not.
Attorney Gaylord - Did he sign a complaint against Mr. Sherwin.
Officer Anticevich - He signed a complaint against Mr. Sherwin. We found out the
next day at 4:00 o'clock in the afternoon that Mr. Sherwin was involved in a
disturbance the same night at the same time but was not on the scene-when we arrived.
Attorney Gaylord - Do you know whether or not Mr. Clark ever prosecuted that complaint.
Officer Anticevich - No.
Attorney Gaylord - What was happening when you got to the scene.
Officer Anticevich - When we got to the scene there was a party out in front, Kenneth
Gering was out at the front door yelling cursing telling people he was going to kill
the people standing inside the door-s~ leading to the Daisy Duck. Officer Wall and
myself tried to get. him to come along and he submitted after the keys were taken off
the vehicle he got into and he was going to run out the vehicle on the left side.
Attorney Gaylord ~ Tell us what happened at the Daisy Duck. M~. Gering testified
to the fact that there was a disturbance inside and he was involved in it.
Attorney Gaylord ~ Didn't he admit that he was d~unk.
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Special Meeting Aspen City Council August 28, 1967
~6rneyf~Ga~tord~ -What did he say about the ifight inside. Who was involved in it. Liq. Hearing
Centre of Aspen
Officer Anticevich - He was and another party, unnamed, at the trial.
Attorney Gaylord - Did he say several.
Officer Anticevich - He said several people were in there. I believe he said it
started out somebody knocked a table over and knocked a beer off, The man at the
table swore it was somebody that was with Mr. Gering. He told us somebody (name
unknown) that he should buy him a beer and it went on and on, table knocked over,
beer glass was broken and there was fighting upstairs. Mr. Gering also contended
Mr. Clark was also involved and that he was thrown down the stairs from the Daisy
Duck through the front door and he tried to go back up into the Daisy Duck. That
was from his statement in court.
Attorney Gaylord - I know more happened but we are only interested in the Daisy Duck.
Can Officer Wall add anything on that particular incident.
Officer Wall - Yes, I can. Mr. Gering testified, in court that the bartender at
the time, Phil Clark, had been drinking quite a bit that night and got into a
fight there. Mr. Gering testified that he was the bartender at the time.
Attorney Gaylord - Mr. Clark was the bartender.
Officer Wall - Mr. Clark had been drinking and was in the fight at the Daisy Duck
that same night. Mr. Clark the next day signed a complaint against Todd Sherwin.
I called him up last Thursday to come to court and he said he couldn't and
that he would like to drop the charges filed against Todd Sherwin and that Sherwin
had enough trouble. We neededhim as a witness against Ken Gerlng. He had stated
at one time he would sign a complaint against Gering so a subpoena was drawn up
and subpoenaed into court which was served Phil Clark and he f~iled to honor the
subpoena.
Attorney Gaylord - This is all we have of these.two officers if the licensee would
like to cross examine. We do have one more officer.
Stebner - Licensee - I would like to ask him when the subpoena was served against
Phil. :
Officer Wall - When Mr. Gering's case was continued until the 24th ~f August, at
that time, I informed Phil Clark up here that the case was continued until the
24th of August at 2:30 p.m. He advised me that he spent more time up here than
he spent at the Daisy Duck. So at that time, I don't know the exact hour, last
Thursday the day of court, I reminded him this was the time of Sherwin's case
and also Gering's case and.the subpoena was served on Thursday.
Stebner - Mr. Clark tells me that you called about 2:30 or 2:35 for him to come to
court at 3:00. We are supposed to shut our bar down.
Officer Wall - I believe it was served at 2:30. This was after he refused to come
down and testify against these people who he wanted put in jail at the time~
Stebner - Isn't it true that you alwayp tell us, the liquor inspector tells us,
that if we have trouble in a bar that you want the bartender to call.the Police
Department rightaway.
Officer Wall - That is correct. We also like to have people come down and testify
against people that we put in jail.
Stebner - I am sure Phil would have been more than happy to if he wasn't the o~y
bartender on duty..
Attorney Gaylord - Officer Day,did you handle any complaints from the Daisy Duck.
Officer Day - Yes. This is a separate incident. On the 5th of June, 1967
approximately 12 minutes after midnight, I received a radio call to go to the Aspen
Valley Hospital at the result of an emergency patient up there being a little bit
unruly. When I arrived, I contacted ~awrence J. Precino who was suffering from a
laceration on his right thumb. I talked to Mr. Precino and he said that he and his
friend had been sitting at the bar at the Daisy Duck and he dropped a couple of pills .~
with his beer and he didn't know what came over him but suddenly he turned and struck
his friend in the face with a beer glass cutting his friend in the face fairly
severly, however, neither the friend or Mr. Precino wished to press any charges.
Earlier in the evening on the 4th of June, I had beencontacted by Dr. Baxter who had
told me he had cleaned the other fellow up and had taken quite an amount of glass
Special Meeting ~ni~t~. cou~i~ .............. August 28, 1967
Liq. Hearing from his face and put a number, of sutures in the cuts. Mr. Precino was extremely
Center of AspE uncooperative at the hospital as far as having anything done to the thumb. Dr. Barnard
was in attendance. Mr. Precino said he would have no one but Dr. Whitcomb who refused
to come to the hospital.
Attorney Gaylord - Officer Day we areonly interested with what happened at the Daisy
Duck.
Officer Day~-~In talking with Mr.~Preeino he_stated that on any number of occasions he
had gone to the Daisy Duck and dropped pills while he drank beer. Further, in regards
to this particular incident we received no notification what so ever from the DaVy
Duck in regards to a disturbance at the Daisy Duck and because it was not reported
to us, because the incident, at the hospital was outside the City limits and neigher
of the parties wished to press charges against the other one, there was no prosecution
what so ever.
Attorney Gaylord - That is the extent of the Cities evidence Mr. Mayor.
Mayor Barnard - Mr. Stebner would you like to state your case and present any facts
that you might have.
(Mrs. Stebner was sworn in,by Mayor Barnard)
Stebner - Yes Sir. In the first place I believe that all our advertising says Daisy
Duck Bar at the~Centre of~'~Aspen. I don't think we are fuging at all when we say we
could call it the Blue Room, Pink Room. I think there are several other bars in town
that. are opemating with one or two rooms with differ~mt names with the same ownership.
As I said before, they alwayp tell us to call the police. This particular incident
mentioning dropping pills, I don't know what you mean. The guy was taking dope is that
what you are. trying to'say~
Officer Day - I. don'p~thin~.I was~trying ~o~say anything.
Stebner - Was it aspirin or what.
Officer Day - I don't think it~was aspirin. He didn'~ testify what kind of pills he
was dropping, however, we would assume it was yellow jackets or red jackets.
Stebner - This could have happened at the Coterie. He could have been taking aspirin
or anything.
Mayor Barnard - I would like to have this one point - when you say dropping what do
you mean dropping on the floor or dropping them into drink.
Officer Day - The normal routine is that a party can get a better kick out of
beer when you drop a sleeping pill or some other type of dmngerous drug or perscription
drug into a glass of beer and thereby increasing the amount of jolt he gets from a
glass of beer.
Mayor Barnard - Do you thin~ this is true.
Officer Day - Mr. Precino said it was.
Mayor Barnard But he did not tell you what was in the pill.
Officer Day - He did not tell me.
Mayor Barnard - It could be most anything.
Officer Day - He told me it was a yellow jacket, I can only assume.
Mayor Barnard - Tell us what a yellow jacket is you got to stick to the facts.
Officer Day I could not give you the pharmaceutical name for a yellow jacket, however,
it is classified a nameless drug. I wouldhave to look it up.
Stebner - As I said a minute ago Phil told me that he was notified at 2:45 to appear
as a subpoena witness, surely if you told him a month ago and he forgot it that is
something else again~.
Mayor Barnard - Who was it that was served and didn't show up.
Stebner - Phil Clark who made the original complaint.
Special Meeting Aspen C_~ty Council August 28, 1967
Mayor Barnard- Then he was requested to come to the trial. Liq. Hearing
........ ~-~ - ' ' Centre-of Aspen
Stebner - Yes. I would like to seethe piece,of paper'that yon.say is the addendum
that is floating around that I apparently signed.
Attorney Gaylord - That is Exhibit B;_
Stebner - It was about that time that the State wrote me from Denver and informed
me that they wanted a copy of the managers contract. Is this what this is about.
Officer Philpott -.That is-the'.addendum,~form.
Stebner - Was this at the time, we putin for the midnight-closing on Sunday. Is
this what this is about. ~,, ~ - . . -
Officer Philpott - I could not say.
Stebner - In other words, we should have filed a form just to change the name.
Officer Philpott - Well Sir, there is a certainprocedure.
Stebner - I understand that, but I am just trying to understand the form that they
sent us when we went to the 12:00 o'clock license or was this the form they sent
me when they asked:~fo~ my managers contract. I must confess, when I get something
from the State and they .say .fill it-out,~l fill it out to the best of my ability.
Officer Philpott - This addendum form is used when there is a'change in the stock-
holders of over 10%. .~_ ~
Stebner - There has been no change in the stockholders holding over 10%.
Officer Philpott - You have had your special'license since J~ly-15, 196.7 have you'not.
Stebner - Do you have the form we signed for extended hours.
Attorney Gaylord I don't know that this.makes any~differenc'e, the problem is if a
trade name has bean filed which is the violation with the Secretary of State and ~
County Clerk and Recorder.
Officer Philpott - This is the routine form that was adopted by the State Liquor
Control ~ivision for your extended hours under a special license.
Stebner - Now, I am still trying to figure, out in my own mind, if this isn't the
piece of paper I signed and what my managers contract would be.
Officer Philpott --I'd'on't know Sir,_%-couldn~'t tell you.
Stebner - In other words, this must have been sent to me for a particular reason
and I amsure that I sent them a copy of my managers contract.
Officer Philpott - They are also available downstairs in the Clerks office.
Stebner - I did not know that. Also I don't understand exactly what the problem is.
Officer Philpott - Is this your signature.
Stebner - Yes
Officer Philpott - Is that your corporate seal.
$tebner - Yes that is my corporate seal.
Attorney Gaylord - Mr. Stebner has not filed a trade name affidavit doing business
under the name of the Daisy Duck.
Stebner - No, we have not. I think Dick Hollars can tell you more about that than
I can.
(Mrs. Hollars was sworn in by Mayor Barnard)
645
~pecial M~e_~_ng- ....... Aspen City Council
Liq. Hearing Hollars- The first time, I think it was about or on May 23rd, Mr. Philpott came into
Centre of Aspen the bar and notified me that we were in vi&lation by using the name Daisy Duck, about
~ that time I asked him how to correct it. He said to notify the State. This we did.
We did notify the.State on our Sunday License. We put it right down there. I thought
that was good enough. Then the second time he came in approximately July 26th he said
that h~ewas going to write out a viotatinn because we hadn't changed the name and I
said that we had notified the State. He asked what forms we used. I said you didn't
say anyting about forms on your first trip. So I said what forms do we use. So he
gave me a number of forms that was' on the 26~h and I have the forms. I received them
about the 28th. The forms are to notify the State of a complete withdrawl of a trade
name, it is not a change in trade name as far as % can see, but a withdrawl of a
trade name. This just didn't seem like the necessary forms. So I was waiting for Mr.
Philpott to come back in so we could get some more help on it. In the meantime, I heard
that he had filed a complaint which lead to this hearing. At that time Idid call
Denver and talked to Mr. Buck Wilson who is connected with the liquor control division.
I told him what our problem was, told him Philpott had called a special hearing and I
wanted to know if we could do anyting to correct this. He said he did not know any-
thin~ about how to do this, it was completely new to him. I also told him when he
found out the information to please call me, and he said-he would. ~That is: as far
as I know about the trade name. I would like to say a few things about the disturbances.
Firstof all, I don't know what a yellow jacket is either. I don't know if the man
had a heart condition and took pills~or what. But if someone puts something in their
mouth~at the bar it is not normal to go up and jerk it.,out or ask tham what they
are taking, it is their business. I certainly will not allow any LSD or anything
that I can see or know go on at the bar. So I have no idea what that pill was.
Another thin~ evidently Ken Gering testified in court from Steve's testimony
that Phil had been drinking on the night that he was thrown out. I don't know if he was
drinking or not but you have to have proof that a man was drinking. We did ask
Todd Sherwin to leave,'we asked him several times to leave. Told him flat out when
he came back to town he would not be served in the bar even so much as a coke.
He refused to listen to us and kept coming back in and we kept asking him to leave.
Finally that is why we signed-a complaint against him to keep himout of our bar. We
wanted nothing to do with him there. We also sigmed a complaint against, if you look
into the record I don't have a copy but I believe Phil Clark did sign a complaint,
again.st Ken Gering,. There is:one thing I would like to,clear here. The City Officials.
everyone in the police are always telling us if we have any trouble or disturbance
~ to call us right now. So you call them and then they alwa~ try to get you to sign
a complaint~and~they:use the.teehnique,,welt it is us, we a~e the ones that are to
fault. If you don't sign a complaint and this is there story. Well if you sign
a complaint the State receives notice that you have a complaint, whether it-was
for or against the bar, i~ is just a matter that it was a complaint. So then you have
a black mark with the State, one group tells you to do one thing and jeopardizes you on
the other end. So~I~can see.where_it might be~a very valuable thing to hold your
license by not signing a complaint, if the State takes this attitude. What kind of place
are you running, we ha~e. atl:~these::compiaints~
About the advertising, if we are wrong we ~ould certainly like some help to change
the trade name. Liquor Control Board in Denverzknows~e wanthelp, Mr~ Philpott
knows we want help. We~have not set a precedent in this name thing. I have a lot,
thereare severai bars~in ~own tha.t the name on their license is no.t necessarily the
name tt~ey~are~doing~ busines~ under.~ ~or one thing I~amnot.~certain the-Golden. Barrel
~ on~their:~license~ I did not have gime ~to w~ite down~all their names. I'R Like
to tell the City Council' this. At the Copper Kettle their license reads Ke~tl~
Corporation dba as Copper Kettle, have you ever heard of the ~ippler. At the Aspen
Alps Club their license on the wall reads Aspen Alps Club, Inc. dba Aspen Alps, have
you ever heard of the Coterie. Matthew Drug Store license reads Carl R. and Katherine
Bergman dba Matthew Drug, have you ever heard of the Wine Cellar, they advertise it.
In my sea=ch I~went to one pta~e tha~ ~idn't have a license on the wall~ I'll te~i
you find that one out.
Stebner ~:~I will~.say again~ that we are more than happy to change the name because
as far as I am concerned it is my bar and my. licem~e an~ we will name it whatever
you want. We try not to violate the law and if this is a violation we are more than
happy to do something abo~t it.
Officer Philpott - When was this information sent to you Mr. Hollars.
Hollars ~iWbat information.
Officer Philpott - The forms the State sent you~
Holters - Have. them right here.
646
..................... ~pecial Meeting_ Aspen City Council August 28, 1967
Officer Philpott - May I see them please. (reviewed by Philpott) When were they sent Liq. Hearing
to you Centre of Aspen
Hollars - They weremailed from Denver July 28th, no June 28th, 1967.
Officer Philpott - Mr. Hollars then you did not fill out these forms and send them
to the State.
Hollars - That form says withdrawl of trade name, that is all they are for. There is
no provision for change in. trade.name. ~ ~ -_~
Officer Philpott - What was the date you talked to Mr. Wilson.
Hollars - 2§th of July. That was almost a month aftem~I.received the forms.
Mayor Barnard - Mr. 'Philpott exactly what.is the charge~against~the Centre of Aspen
license. '
Officer Philpott - I'd rather have the attorney do it Sir.
Attorney Gaylord - Mr. Philpott.~made the charges, the notice that was sent to the licen-
see also included copies of police violation reports. That wms one of the charges
that there was disturbances there. Two violations that Mr. Philpott charged, report
to the Council, involved doing business under another name other thanthat which was
licensed.
Mayor Barnard - Is there any other evidence to be offered.
Hollars - On those police violations those are complaints signed by the manager of the
Daisy Duck.
Mayor Barnard - We have all this information. I just wanted to clarify this. Any
other information, (Mr. Clark was sworn in by Mayor Barnard).
Phil Clark - First of all this Ken Gering case and the reason I was not in court.
I had signed a complaint at the same time I signed a complaint against Todd. Todd's
disturbance was of a less violate.nature.but-he was in fact disturbing my peace and
everybody elses in the bar just by being there. We asked him about 20 times to stay
out and he would not. That. is why I signed that complaint. The other complaint
I didn't want to sign because it was over after the police came and took Gering
away, then the whele thing was set~led and done with. So it just seemed to me that
is what the Police are for, if there is a disturbance, they quiet the disturbance
I am not going to try and do it, because I am liable to,get killed. So they
ixx~xxhim
called me up, no sent someone to my house and asked me to come down and sign a
complaint. I went down the next day and under their advisement, of the police,
I signed a complaint for both. When it~came~up~in court, I~sat there for 4 hours
till the. meeting was all over and it never even came up because the defendent didn't
show up. So they continued it for him for 2 weeks. Two weeks later I spen~ 3 hours
they then told me it was going to be continued again. I was not sure of the date they
said it was next month, Gary Wall had to go to sUmmer camp, so approximately a month
away. I completely lost track of it. Thursday Gary called me about 2:00 in the
afternoon and said today is the day of Todd~Sherwin's trial. He did not mention any-
thing about Gering. So I said Todds probably got enough trouble, for me to close
down the bar and come over there and give him more trouble, was not worth it, just
drop the charges. He has plenty of time to spend in jail without a little disturbing
the peace problem. So that is all I heard about it. So at 10 minutes to 3:00 Steve
came in with a subpoena for me to be in court at 3:00. I was the only one in the
bar, or running the bar. I just couldn't c~sedown, the bar was full of customers
and I asked him if he would tell the people in court that I am~rry but I have to have
longer notice than 10 minutes in order to close down the bar, or to find someone to
work for me. The first two times I came, I found someone to work for me.and had to
pay them and spent my time uselessly here.
The night of the Gering incident, I was not drinking and I was not even tending bar.
I just happened to be in there when the whole thing happened. 'Disturbance stated and
ended just as quickly except Gering wanted to keep it going, so we kicked him outside
and he wanted to come back in, so I called the Police. I don't want this guy in here
and don't want to ~and here holding the door to keep him from ~oming in, so please
take him away. What happened after that, I have no idea. The Police were not in the
bar so all they know was what they heard from Geying.
647
Liq. Hearing Hollars - As part of~the record, Mr. Philpott is employed by the State and is
Centre of Aspen working for the people of this State. I think his job is to help us as much as
~.~ he can. I think the same-of'the Police Department of the City-and it is'their job
to help us. Not to try to put us out of business, but help us to stay in business.
Help us with problems that are a great deal important than closing the door down.
Mayor Barnard - I would like to take this opportunity to assure everybody in the room
that it is not a bad thing to call the Police Department if you think you need them
and I will flat guarantee you that you!will not get a black mark or anything when
,you do this. Where you gotthe idea this is a black mark against you in the~State,
it is certainly not true in the City; If you need help, call them.
Hollars - I got the idea right there - 2 violations that is 2 reasons why this hearing
is being held. The 2 complaints that we signed,
Mayor Barnard - What prompted Mr. Philpott to bring these 2 particular complaints up,
I don'tfrankly know. I just want to tell you from th~ Cities standpoint calling
the Police is not a point or anything else against you. We are just trying to get
the facts. Is there any~further evidence.
No further comments. Council agreed to take this under advisement at this time.
Public Hearing was closed by Mayor Barnard,
The following:Rea~lution:was read in full by Mayor Barnard:
:::~ ~. : ~ :R E:-~__ --------O~L~U'T~'I'O N~:
No. 21, Series 1967
Transfer of
Fund WHEREAS:~ the Cit~:'Co~ncil nf the~:City of Aspe.n,~:Coiorado
desires to pay certain:amounts that are now due from the General
Fund of the City, and~ finds that t~ere~ iS~not.~uf-f~cie~ money ~
available in the General Fund currently to affect such payments;
AND-~ WHEREAS,: the::City Council finds~that~it is in the ·
best interests:of the City to make such payments, and desires
to transfer the sum of $16,215.72 from the Street Improvement
~'~ Fund 67-1 to the General Fund, and $10,000.00 from the Water
Operating Fund to the General Fund, to meet necessary expenses;
:: : NOW,~T'HEREFORE, B~IT P~ESOL~:.:: .:: :~ ~ .~ ' '
' 1~ ~That :the:City:Clerk .and:the;.Cit,y:Tre~surer are~ :
I .. hereby authorized and directed to transfer the sum of $16,215,72
from the Street, Improvement Fundn67-1 to the ~General Fund and to
also transfer $10,000.00 from the Water Operating Fund to. the'
General Fund.
2; A copy of th'e'.Resolution shall be delivered to the ~
City Clerk and the City Treasurer as authority :to effect-said>
transfer.
Councilman McEachern made a motion to adopt the foregoing Resolution. Seconded by
Councilman Kuster, Roil cail vote - Councilmen McEachern aye; Kuster aye; Clymer aye.
Dump Dump - Administrator Wurl reported due to many requests would like to keep the dump
open on Wednesdays - 7 days a week - and during day light savings time open an hour
later in the evening. Would cost the City and County each $80.00 additional per
month. Commissioners have agreed to this. Council agreed to have the dump open on
Wednesday and open one hour later in evenings during daylight savings time.
Budgets - Council reviewed the remaining proposed department head budgets.
Budgets
Letter from Attorney Gaylord was read by Mayor Barnard relating to non-acceptance
of monies as special counsel for statements for April, May, June and July.
Mayor Barnard questioned Mrs. Gaylord if she would accept the position as City
City Attorney Attorney under the new ordinance.
Mrs. Gaylord stated they did not have the power to ask this since she is presently
the City Attorney.
Councilman Kuster stated a motion was made to pay Mrs. Gaylord as special counsel
and there was no bad faith involved. Mrs. Gaylord refused to accept payment as
special counsel.
648
Mrs. Gaylord reported the Council. has ~heTpower to force, the Mayor to sign~the check.
Two budgets were prepared for the City Attorney department- one by Administrator
Wurl and one by Mrs.gaylord ........
Council agreed to go along gm the basis of the budget as prepared by Administrator
Wurl. _ ~ _
Tourism Department - Discussed due to the l~dk of available funds, increasing the Budgets
bed tax or chafing for the service.of:.the computer. -Council.agreed to meet with the
Board of Directors of the Chamber and the Lodging:Assoeiation'to-di~euss~ this
problem.
Finance Department - Wurl reported theyhad budgeted for a new business machine,
present machine outdated for our use.
Streets - Wurl reported sweeper has-been budgeted, present sweeper outdated.
Mayor Barnard reported there is a possibility the Hotel Jerome will-be offered to
the City on an outright sale basis. Proposed this be Dut on the November ballot. Hotel Jerome
Discussed using the Hotel Jerome as a City Hall and Conference Center and including
other capital outlays on this referendumon.~the:ballo~.
Councilman Kuster made a motion~to authorize%eon Wurl to. check into the procedure
for putting the Hotel Jerome and other capital improvement expenditures on the
November ballot. Seconded by Councilman McEachern. Roll call vote - Councilmen
Clymer aye; McEachern aye; Kuster aye
Mayor Barnard reported the election, committee for the North Side-Annexation included N.S.A.ElectiOn
Joel Hartmeister, Tam Scott'-and Louise Berg.. Court appointment:.Tam Scott is not
represented in the area to be annexed, replaced by Yvon Tache.
Sales Tax Amendments ~ Mrs. Gaylord reported the State has_not checked over the Sales Tax
ordinance, due to the man who is working on this problem being on vaction.
Council went into executive session.at 6:25 p.m.
Council reconvened at 6:55 p.m. into regular:session. Councilman McEachern made Retaining
a motion that Charles Stewart be retained::as~special'counsel to,.:make~the City of Attorney C.
Aspen sales tax ordinance conform to the State sales tax and AdministratorWurl~to Stewart
so inform Mrs. Gaylord. _Seconded by Councilman Kuster. Roll call vote - Councilmen
McEachern aye; Kuster aye; Clymer aye.
Councilman Kuster made a motion to adjourn at 7:00 p.m., seconded by Councilman
McEachern. Ail in favor, meeting adjourned.
..... ~ ~ Lorraine Graves, City Clerk