HomeMy WebLinkAboutminutes.council.19680821Special Meetin8 .. Ap~en ci~..Cp.unqi~ August 21~ 1968
Special meeting was called to order by Mayor Robert Barnard at 11:15 a.m. with Council-
men Carl Bergman, Werner Kuster, Clyde Clymer and Assitant City Administrator Richard
Flewelling.
Meeting called to consider appeal of the decision of Francis Whitaker vs City of Aspen Sales Tax Suit
Sales Tax.
The Findings and Judgement of Civil Action No. 3900 was read by Mayor Barnardo Mayor
Barnard stated the decision was made by Judge Fulgum on t~e 16th, City was not notified
of the decision until the 20th.
Council agreed they felt fair treatment had not been received from District Court on thl
case and it should be appealed.
819
S~ial Meeting Aspen City Council August 21, 1968
Mayor Barnard pointed out the City should explore all the possibilities before making
appeal Sales Tax
any changes in the financial structure of the City.
Suit
Councilman Clymer made a motion to instruct City Administrator Wurl to confer with
Attorney Roan ,and proceed with appeal of Civil Action No. 3900 to the Colorado Supreme
Court. Secondedby Councilman Bergman. Roll call vote Councilmen Kuster aye;
Bergman aye; Clymer aye.
Mr. FleWelling reported without the sales tax would need $139,000 of revenue to replace
it. Would require increasing the ad valorum to 23 mills or an additional 17 mills from
what we are paying now. '
Councilman Kuster made a motion to instruct Administrator Wurl to look into the
avenues of getting an emergency Session together to replace the sales tax revenue with
ad valorem. Seconded by CouncilmanClymer.
Mr. Flewelling reported one of the first things to go would be the City's participation
in the Chamber. Would have to cut down on recCeation, beautification projects, just
cut back to bare necessities.
It was reported if the ~d valorem is increased, the City would not receive this addition-
al revenue until 1970.
Discussed the gross receipts tax which was found to be constitutional by the Supreme
Court for 2nd Class Cities as an alternative.
Roll call vote - Councilmen Bergman aye; Kuster aye; Clymer aye.
Mr. Flewelling reported the City's attorney stated the City continue collecting
the tax as they have been until a decision is reached on the appeal.
U. S, District Court - Mr. FlewS}ling stated Administrator Wurl had called from Denver
Hippie Suit and gave the following comments on the case. The Judge had made the following comments
concerning the case:
Judge agreed there was a class of people called hippies.
Hippies are in excess in Aspen this year.
Hippies are a source of irritation to the businessmen in Aspen.
Guido Meyer :had an adversion to this class 0f people and he acted more as a businessman
than~as a~Magistrate.
In certain cases the Police Department acted over zealous in certain cases.
Judge had his doubts as to the constitutionality of the vagrancy law.
PraiSed the City on removing Guido Meyer and hiring an attorney.
Denied that there was any prejudice,on the City's part.
Councilman Kuster made a motion to adjourn at 11:55 a.m., seconded by Councilman Clymer.
Ail in favor, meeting adjourned.