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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. 64-1 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. 642 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