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HomeMy WebLinkAbout12/13/1973 MINUTES December 13, 1973 The tw~ hundred and twenty-third regular meeting of the Wheat Ridge City Cnuncil was called tn order at 7 35 p.m at 7390 West 38 Avenue by May~r Albert E Anderson Aldermen attending were Dr Donaldson and Calvin Hulsey were absent Paul Abrams~n, Mary J~ Cavarra, Joseph Aldermen R~bert Howard and Ray Pepe Alsn attending were Maynr Anders~n, City Clerk Louise F Turner, City Attnrney Maurice Fnx, personnel staff and interested citizens !:jntior:!. by Alderman Donaldson "I m~ve that the Clerk dispense wi th the reading nf the Minutes and that they be approved as presented " Mnti~n was seconded by Alderman Abrams,n and passed 4-0 Alderman Cavarra stated that a portion of Columbia Heights School is not in use and is available for Council to inspect as a possibility for use as a City Hall for a token cost. Finance Officer Walter Grande was asked to present information on this location on December 20, 1973 when he does So on other available locations Alderman Donaldson stated he had seen in the Sentinel that his election expense statement had not been turned in and that he had not been notified that it was due A Public Hearing was held regarding renewal of a 3-wav liquor license for Club Corners Bar Owner H Jim Wurm was present and was represented by Attorney Harold Lutz who stted that by law all that was required was for the applicant to fill out and file forms that the law specified and pay certain fees He stated that this had been done and was prima facie evidence that the license should be renewed and that the Council would have to show good cause why the license should not be renewed He asked if City renewal forms were in proper order. Mayor Anderson stated they were and that the hearing was called by vote of the Council. Mr. Lutz asked if all renewal papers were in such order that barring "some other evidence" the license would be renewed. Mavor Anderson said he beileved so. Mr. Lutz asked if anyone were present to give testimony that would show any reason why the license should not be renewed, that all applications being in order and fees paid that unless there was something else, the license should be renewed City Attorney Fox stated that there was an additional matter in the form of Wheat Ridge Police reports which were to be considered. In answer to Mr. Lutz's question as th whether or not there was other testimony to be considered, Mayor Anderson asked if he had received copies of minutes, transcripts of meetings a year ago and three years police reports He replied he had them and asked if there were other items and Citv Attornev Fox said "No" Mr. Lutz requested that Mayor Anderson rule that all minutes, records and reports prior to the year 1973 be removed from the Council's files and not be considered because it was not proper to rule on something that had been ruled on before and that it was not proper to consider anything from prior to the year in question, and that City Attorney Fox had ruled that it was not proper to do so at a hearing a year ago. MINUTES - December 13, 1973 - Continued -2- Mayor Anderson stated he would rule that the Council not take into ac- count anything that did not relate solely to 1973. Mr Lutz stated that the Minutes of November 29, 1973 stated that Mayor Anderson had requested that reports back to 1970 be made available to the Council and to Mr. Wurm and that consequently 18 irrelevant reports had already been "injected into the record." He asked that the record reflect that it presents a "tough problem to get irrelevant matters in and then ask that they not be considered " Mayor Anderson stated that the Minutes of November 29, 1973 did not accurately reflect his statement They were correct in that he had requested distribution of the items mentioned, but incomplete in that they did not include that he had asked at that meeting that the Council not consider any but those pertaining to 1973. Mr. Lutz added 1 By law the Council can refuse to renew any liquor license "for good cause shown." 2 That the Supreme Court had said "Good cause means you must determine what it means from competent evidence." 3. Police Officers should be present to testify and substantiate that the reports are accurate and be questioned as to whether that evidence was cause to deny the license 4. That a person faced with the possiblity of "losing his livelihood" should be able to question the officer. 5. That the officers were available to the Council but had not been called 6 That last year all five Councilmen who were present agreed that they couldn't act on the basis of such reports. 7 This years reports were in the same condition as last year and were the only thing to be considered, and acting on them wold be legally wrong because it would not be acting on competant evidence 8. That he was prepared to go through each report and point out a few things. 9 That if someone went into a bar and caused trouble and the owner called for assistance, that was not cause for denying him his license. 10 That the reports contain 2 alleged liquor violations one was filed in municipal court and one in county court and both were dismissed for insufficient evidence Motion by Alderman Hulsey "I move that the license, type G - beer, wine and liquor and SG - extended hours for H. Jim Wurm dba Club Corners Bar at 6551 West 44 Avenue in Wheat Ridge be renewed for 1974." Motion was seconded by Alderman Abramson. Alderman Hulsey said he realized there were problems at this type of estab- lishment but ~at the owner is trying to do something about them. Alderman Abramson said he had asked before that police reports be given to the people involved as they occur Motion to renew passed 4-0 Complete procedings were recorded by Court Reporter Randy York Renewal of a 3-Wav Liquor License for Caravan West at 11221 West 44 Avenue came up for decision Motion by Alderman Donaldson "I move that a type G and SG license for Caravan West Inc. dba Caravan West be renewed." Motion was seconded by Alderman Hulsey and passed 4-0 A Public Hearing was held to determine if a liquor code and regulations violation had occurred in the transfer of 100% of the stock of Venetian West Inc from Francis Lynch to Joe Horan without filing of proper notification 10 days prior to transfer. MINUTES - December 13, 1973 - Continued -3- Mr Horan and Mr. Lvnch were present and were represented by Attorney Dale Helm who stated 1 That the proper papers had since November 29, 1973 been filed with the City Clerk. 2. That the problem apparently was that the original application for Venetian West Inc. showed Francis Lynch as owning 100% of the stock and the renewal addendum showed Mr. Horan as owning 100% of the stock. 3. That the purpose of filing the forms Wffi for the local licensing authority to be able to ascertain if the new owner had good moral character, had had no felonies and had no ownership in other licenses Also, in this case, Mr Horan as the manager had been previously finger- printed and approved by the police department in May 1973. 4 That he (Mr Helm) had assumed the renewal addendum was ade- quate notice, that information on the two forms is the same, that he did not handle other liquor licenses and was not well informed as to the type of notice required by the City and he had not known there was a problem until Mr Horan had called him after his appearance before the Council on November 29, 1973 He stated it would be unfortunate to penalize Mr. Horan for his (Mr. Helm'~ error. 5 That supplying copies of the stock and minutes of the action was required and couldn't be done unless the action had taken place 6 This stock had been signed only on the back of the stock, not transferred on the records 7. Mr Lynch had come to his office on September 28, 1973 and had stated he wished to resign as an officer and signed his stock. Detective Ron White of the Wheat Ridge police Department was sworn in and verified he had written the letter he had submitted stating that Mr. Lynch had told him he had signed over his stock to Mr Horan. In answer to questions from Aldermen Hulsev and C~ arra, City Attornev Fox stated 1. Regulation 17 which requires that notification of stock transfers be given 10 days prior to such transfer is intended to provide the same clearance for new owners of stock w~en the license remains in the owner- ship of a corporation as would be required of a new owner of a license 2 That the relevant matter is the character of the new stock owner 3. That Mr. Horan had been cleared as manager. 4. That a special form is required. 5. That this form has now been filed since November 29, 1973 6. That the form is specified in Regulation 17. 7. That Council heard a similar transfer in the case of the Lost Knight just recently. Francis Lvnch was sworn in and stated in answer to questions that he had told Detective White he had transferred the stock to Mr. Horan, but found out afterwards that he had "just signed it back to the corporation." Joseph Horan was sworn in and stated 1. He was notified the stock had been signed the latter part of October 2 In answer to a question, he stated he did not recall that this type of situation had ever come up in his 5~ years with the Arvada City Government. 3. He had never intended or wanted to be a bar owner. His interest was in the service end of it, i.e. food, talent etc 4. There had been no intent to do anything illegal, that he had been a successful businessman for 12 years, and ~ld have no reason to do anything illegal. 5 That he had been totally unable to form a rapport with professional ball players in regard to the Venetian, partly because of vicious rumors that had been prevalent, perhaps from political enemies. 6 He outlined his recent political past and listed rumors regarding his personal life and the Venetian so that Council could know what had been said and take into consideration if it chose. rvJII\IUTES - December '13, 1973 - Continued -4- Alderman Hulsev stated Council was interested only in the possibility of improper procedure as to the transfer of stock and that even though he agreed it was an oversight on a technicality, Council wanted to make sure everything was legal. Mr. Horan added 7. That he had been working on a concept of being a "service development company' for establishments separate from Venetian owned by others. 8. In answer to a question from Alderman Abramson, he said that Mr. Lynch was able to own 100% of the stock without having any monetary interest because only 5 shares of stock Wffi ever issued 9 The business was purchased with borrowed money and the corpor- ation would carry the financing. 10. That the corporation did not own the real estate, that it was owned by Mr. Lombardi and mortgaged 11 That Arvada State Bank had loaned $15,000.00 and the loan had been made while Mr. Horan was employed at the bank. 12. That the corporation owned the fixtures and license. 13. That it was an "oversimplification" to say the corporation was put together to save the bank investment as was suggested by Alderman Abramson because they had hoped to accomplish more than that. Mr. Helm added 1. That as Mr. Horan had said, only 5 shares of stock at $1.00 per share were issued and not 5,000 as the minutes of a corporate meeting indicated. This was an error in the record and should be corrected. 2. That the corporation was indebted to the Arvada State Bank and to Mr. Lombardi and (in answer to a question) that he recollected some connection between Mr. Lombardi and the Cal-bar Corporation. Motion by Alderman Donaldson "I move for a continuation of the matter (license renewal and violation) for decision to be rendered next week." Mr Helm stated that if negative action were taken the applicants would expect to be entitled to another hearing. Motion to continue passed 4-0. Complete procedings were recorded by Court Reporter Randy York. A hearing on a possible liquor violation at HollV West was held George Apostalakis was present. Owner A Police Report indicated that at 2 02 a.m. an officer had entered and glasses with drinks were not yet cleared. City Attornev Fox stated the matter was extremely minor and trivial. City Attorney Fox and Aldermen Cavarra and Abramson indicated that a reprimand to the owner would be sufficient. Motion by Alderman Cavarra "I move that a reprimand be issued." Motion was seconded by Alderman Donaldson and was defeated 3-1. Aldermen Abramson, Donaldson and Hulsey voted "nay." Matter was dismissed with no action. A Hearing was held regarding a New 3.2% fermented malt beverage license for National Convenience Stores dba Shop 1\1 Go Markets at 38 Avenue and Harlan. Applicants were represented by Edward Towey, attorney. City Report given by Edward Sullivan indicated that out of 108 people contacted for an opinion, 74 had signed in favor, 25 signed in opposition and 9 had no opinion. Mr. Sullivan said publication had been made and the premises had been properly posted and that there were 6 existing package beer licenses within the one mile radius. MINUTES - December 13, 1973 - Continued -5- Mr Towev submitted the following applicants' exhibits 1 Copy of publication. 2. Maps 3 Annual report of National Convenience Stores. 4 Architect's drawing. 5. Picture of store. 6. Pictures of dairy and beer cases. He called Richard Millican of 3243 South Parker Road, District Manager of National Convenience Stores who said 1. National Convenience Stores does business as Shop N Go. 2 It has 650 stores around the country and three in Colorado. 3 97-98% of them carry beer. 4 It considers % mile as a business radius per store. Mr. Towey presented Exhibit 7 - petitions with 919 signatures of people favoring granting of the license and asked those who passed them to stand and indicate each had done so and had witnessed the signatures. He asked that the plans be made part of the record Mr. Towey called James Zak, a law associate residing at 13005 Lowell who identified Exhibit 8 a population study, Exhibit 9 a traffic count map, and Exhibit 10 outlet study showing 1 outlet per % mile. No one else was present to present evidence in favor or in opposition Motion by Alderman Abramson "I move that a retail 3.2% beer license for Shop N Go at 38 Avenue and Harlan be granted." There was no second and the Motion died. Motion by Alderman Hulsey "I move that the matter of a package beer license for Shop N Go be tabled one week for a decision." Motion was seconded by Alderman Donaldson and passed 3-1. Alderman Abramson voted "nay." Complete procedings were recorded by Court Reporter Randy York A Public Hearinq was held for a new 3-wav liquor license for Inc. dba La Fonda Mexican Restaurant at 5750 West 38 Avenue. were present and were represented by Ben 5loskV. attorney. La Fonda Applicants City Report given by Edward Sullivan indicated 1 That publication and posting had been proper. 2~ That there were 3 outlets in the mile radius in Wheat Ridge as well as others outside the City limits 3 That out of 101 persons contacted for an opinion, 57 favored the license, 24 opposed and 20 had no opinion. Attornev Ben Sloskv presented a copy of the publication as Applicant's Exhibit No.1 and established that the drawings submitted with the ap- plication were part of the record. He called Enrique Garcia Jr., manager of LaFonda at 5750 West 38 Avenue and officer and stockholder who stated 1. La Fonda was a restaurant serving mexican food 2 It was patronized by businessmen at noon and by families at night. 3 Large numbers of customers had requested beer or cocktails with their meals There would be no separate bar. Drinks would be served at tables with food 4. There was one other mexican restaurant in the mile radius and it had a beer and wine license rather than a 3-way license. 5. Seating would be increased to 105. 6. That 550+ had signed petitions (Which were Exhibit No 2) and 150 of them lived within the mile radius He had witnessed all but two pages which were signed in another restaurant MINUTES - December 13, 1973 - Continued -6- Two citizens Robert C. Winger and Robert H. Schulhoff stated they were regular customers and ~ld enjoy the additional services that the li- cense would provide. No one else appeared to present evidence either in favor or in opposition. Motion by Alderman Donaldson "I move that the request for a 3-way liquor license for LaFond a at 5750 West 38 Avenue be tabled for one week for a decision" Motion was seconded by Alderman Hulsey and passed 3-1. Alderman Abramson voted "nay " Mr. Slosky asked that the license, if granted, be effective on January 1, 1974 Motion by Alderman Donaldson "I move that the following licenses _ package 3.2% fermented malt beverage licenses for Safeway Stores at 10050 West 38 Avenue and Ridgeview ~arket at 9005 West 44 Avenue and an on premises 3.2% fermented malt beverage license for Paramount Lanes at 2625 Kipling be renewed" Motion was seconded by Alderman Hulsey. The Police Report indicated there had been no problems at any of the three locations and no one was present to object to the license renewals. Motion passed 4-0. Ordinance No 148 pertaining to Planning Commission appointments was introduced by Alderman Donaldson and read. Alderman Abramson said he thought it was not proper for the present Council to act on the Ordinance, that it should be saved for the next term City Attorney Fox ruled that 4 votes were needed to pass an ordinance only when it related to the appropriation of money. Motion by Alderman Abramson "I move that Ordinance No 148 be tabled and be considered on first reading on January 17, 1974 as read." Motion was seconded by Alderman Donaldson and passed 4-0 Ordinance No. 144 setting the salary of the City Treasurer for 1974 was brought up for second consideration and the title read. Motion by Alderman Abramson "I move that Ordinance No. on second reading and be ordered published and posted " seconded by Alderman Donaldson and passed 4-0 Aldermen Pepe were absent. 144 be Motion Howard adopted was and Ordinance No. 146 setting the salary of the City Clerk was brought up for second consideration and read. Motion by Alderman Hulsey "I move that Ordinance No. 146 be amended by adding Section 4 'The City clerk shall be prohibited from receiving any salary other than that established by this Ordinance for work or services performed for the City. '" Motion was seconded by Alderman Donaldson and passed 4-0 Motion by Alderman Abramson "I move that Ordinance No. 146 as amended be passed on second reading and be published and posted." Motion was seconded by Alderman Donaldson and passed 4-0. Aldermen Howard and Pepe were absent The Citv Attornev's Budget and immediate needs were discussed Motion by Alderman Abramson "I move that the City Council authorize the Personnel Department to begin process to hire a secretary for the City Attorney to start January 1st, 1974 out of the $45,000 00 established and authorize the purchasing agent to get a typewriter and other needed equipment out of the funds available " The Motion was not accepted. MINUTES - December 13, 1973 - Continued -7- Mayor Anderson said that the Personnel Department can begin interviews and a Budget Resolution could be drawn up for action next week City Attorney Maurice Fox presented deeds for acceptance by Council. Motion by Alderman Donaldson accepted No. 80 from Gary T. and Norman P. Sanders, No. 82 from Robb Street Investments, Frank P. Callahan and James D Ferguson No 84 from No 87 from No. 88 from and Emil Gimeno No. 89 from Roland K and Rita E Weller" Motion was seconded by Alderman Hulsey and passed 4-0 "I move that the following deeds be Dale Dean Devries Louis J. Ficco, Anthony Ficco and Anthony M. Ficco. Ambassador Seventy Development Corp. by Max G. Crum Resolution No 258 pertaining to support of the Council for the petitions asking for a constitutional change regarding annexation to be on the ballot in November 1974 was introduced by Alderman Hulsey and read. Motion by Alderman Hulsey "I move we adopt Resolution No. 258 " Motion was seconded by Alderman Donaldson and passed 4-0 Alderman Howard and Pepe were absent. Snow plows were discussed. Motion by Alderman Abramson "I move that the Treasurer be authorized to purchase two 'Colorado Special' snow plows from International Harvester Co. at the state bid of $2,995.00 each installed, total amount not to exceed $5,990 00 from Account No. 431.44" Motion was seconded by Alderman Hulsey and passed 4-0. Resolution No. 259 pertaining to appropriations adjustments-Budget Resolution was introduced by Alderman Abramson and read. Motion by Alderman Abramson "I move the adoption of Resolution No. 259." Motion was seconded by Alderman Donaldson and passed 4-0. Meeting was adjourned at 23 15 a.m. ~~ \<~~ ~C:; c7~<)/YU<1 Louise F. Turner City Clerk -<!<"'i ?.;ft: .{. t- /J /' -' / / /"j~ //j'/-Y 7 -, ~ J.