Loading...
HomeMy WebLinkAbout05/23/1974 MINUTES May 23, 1974 The two hundred and forty-second regular meeting of the W~eat Ridge City Council was called to order by Mayor Paul B. Abramson at 7 30 P m. at 7390 West 38 Avenue. Aldermen present were Joseph Donaldson, Robert Howard, Lsrry Merkl, and Louise Turner. Aldermen Mary Jo Cavarra and Calvin Hulsey were absent. Others attending were City Attorney Willia~ E Treasurer James Malone, Mayor Abramson, City Administrator John Jerman, McCarthy, City Clerk Elise Brougham, City staff and interested citizens. Motion by Alderman Donaldson "I move that we dispense with the read- ing of the Minutes of May 15, 1974 and that the Minutes be approved as printed." Motion was seconded by Alderman Turner and passed 3-1 Alderman Howard voted "nay." The past and present members of the Board of Adjustment and Building Code Advisory Board were honored with paperweight momentoes and letters of appreciation from the Mayor. The following people were present to accept their gifts Ken Alley, Robert Blair, Frank Henderson, James Reynolds, Robert Eckhardt, Edward Mattox, Larry Merkl, Charles Hiltz and James S. Stone. Public Hearing on alleged liquor code violation by West 44th Avenue Inc. dba Vern's at 7605 West 44 Avenue was held. Court Reporter Harve Clements was present and recorded the proceedings. Attorney George Francis of 630 Capital Life Center Bldg. represented the owner of Vern's. City Attorney William McCarthy conducted the hearing. The following people testified Officer Salvatore A. Dimiceli, Mr Jeffrey Sixel who stated his DOB was 11/10/53 and who stated he had bought a glass of beer, Lore Schurr, waitress at Vern's who stated she had served the beer and stated she had not asked for identification, Vern Vohoska owner of Vern's, Julio Zamagni, District Attorney for Jefferson County, and Lorence Hyer of 7155 West 23 Avenue who was a regular customer of Vern's. Attorney George Francis lodged several objections throughout the hearing and moved that the charges be dismissed. Alderman Turner stated that the Council made the following Finding of Fact 1 The liquor violation did occur under Section 75-2-37 of the Colorado Liquor Code 2. Beer was served which was in excess of 3.2 alcohol content (Lab-3.79%) to a minor who was 20 years old. 3 Iden- tification was not requested at the time the sale was made Alderman Turner made the following Motion "I move that the liquor license of West Forty Fourth Avenue Inc. dba Vern's Restaurant and Lounge at 44th and Wadsworth be suspended from Friday, May 24th at 12 00 o'clock noon, until Monday, May 27th, at 12 00 o'clock noon for the reasons that I previously mentioned." Motion was seconded by Alderman Howard and passed 4-0. The complete transcript of Council action is attached to the Official Minutes Renewal of the Police Professional Liability Insurance (False Arrest) premium was brought up. Motion by Alderman Howard "I move that Council approves False Arrest Insurance Policy from Johnson & Higgins Inc term from 3/31/74 to 3/31/75 for a total amount of $4,070 to the following accounts Account 421.11 Account 421.31 Account 421.81 ~otion was seconded bV the Police for the next 50 to be billed $ 71.00 2,353.50 713.00 Alderman Turner Account 421.21 Account 421.51 Account 421 91 and passed 4-0. $ 449.00 355.00 128 00 " There was no appointment to the Mass Transit Committee. MINUTES - May 23, 1974 - Continued -2- Ordinance No. 155 acceptance a quit claim deed from Fruitdale Sanitation District for land to be used for public park lands with an easement for Fruitdale Sanitation waS introduced by Alderman Donaldson and was read. Motion by Alderman Merkl adopted on first reading was seconded by Alderman and Hulsey were absent. "I move that Ordinance No. 155 be and be published ~nd posted." Motion Turner and passed 4-0. Aldermen Cavarra Alderman Howard asked about the Memo from Mayor Abramson interpreting the Motion made by Council regarding curb, gutter and sidewalk as it pertains to the Comprehensive Plan a~d City Attornev McCarthv stated he would give a legal opinion after examinati1n of the Memo etc. Mr. Jerman stated there was need for a janitorial service for cleaning the restrooms at the Parks and Recreation Administration Bldg , the Albert E. Anderson Community Building and the Public Works Administration Bldg. Also, these restrooms are to be painted and the floors covered with asphalt tile for hygenic purposes Motion by Alderman Howard "I move that Council authorize a one year contract with J & L Janitorial Service for the regular cleaning of 6 restrooms - 2 in Parks and Recreation Bldg., 2 in in Public Works, and 2 in the Anderson Community Bldg., the cost to be charged to each department on a pro rata basis with th3 total cost not to exceed $100.00." Motion was seconded by Alderman Turner and passed 4-0. City Administrator John Jerman presented two proposals for the Public Works Building for additions to be built one approximately 12X30 tc' enlarge the present rlQrts ~oom, and an extension northward approximately 18 feet enlarging the present Planning Department to allow for 8 graduate students. $10,000.00 is budgeted in the Public Works Department w~ich would pay for the shell and City crews would finish the inside Alderman Turner recommended leasing office for the students at the building at 44 Avenue and Owens, and Mayor Abramson recommended waiting to see if the school bond election passes. Alderman Merkl stated the room is badly needed for the parts room and the Planning Department has a commitment to the Master Plan. Motion by Alderman Merkl and that we authorize the construction of the shell "I move the City Council approves the addition City Administrator to go out for bids for " THERE WAS NO SECOND AND MOTION DIED Motion by Alderman Merkl "I move that the City Administrator be author- ized to go out for bids for the addition of a parts room in the shop area to be rough IV 12X40 in size." THERE WAS NO SECOND AND MOTION DIED It was suggested that the possibility of using the Park and Recreation room for the students be looked into and that the subject of the additions be put on the June 5th Study Session Mr. Jerman presented two proposed Urban System Project Application Forms to the Denver Regional Council of Governments for the following Pierce Street improvements from West 32 to West 38 Avenue, a~d West 38 Avenue from Wadswath Blvd. to Pierce Street This would be for the existing width of the street with 73% funding if approved. Motion by Alderman Merkl "I move that the words 'consistent with pro- jected demands' be deleted from the Pierce Street application and that the words be added 'on existing pavement width. '" Motion wac seconded by Alderman Donaldson Mr. Jerman recommended that the word 'overlay' be changed on the applications to 'improvements' Question was called and Motion passed 4-0. Aldermen Cavarra and Hulsey were absent MINUTES - May 23, 1974 - Continued -3- Motion by Alderman Merkl "I move that the City adopts these two plan applications pertaining to Denver Regional Council of Governments Urba~ System Project funding for the following Pierce Street Improvements from West 32 Avenue to West 38 Avenue, and West 38th Improvements from Wadsworth Blvd. to Pierce Street." Motion was seconded by Alderman Donaldson and passed 4-0. A temporary easement from Mr. Charles F Potuzak for construction of the bridge on 44 Avenue and Clear Creek was presented for approval. Motion by Alderman Donaldson "I move that the temporary easement from Mr. Charles F. Potuzak for the bridge construction on 44th and Clear Creek be approved as written." Motion was seconded by Alderman Turner and passed 3-1. Alderman Howard voted "nay." Mr. Jerman brought up the subject of w~o is authorized to make expenditure out of the Council Expense Account Motion by Alderman Turner "I move that for expenditure about which there is no controversy, that we authorize the City Administrator to make expenditure from Council's Account." Motion was seconded by Alderman Donaldson and passed 4-0 Motion by Alderman Merkl "I move the Rules be suspended so that the rest of the Agenda and Mr. Malone's report can be heard" Motion was seconded by Alderman Turner and passed 4-0 The paving projects previously approved by Council for Wheat Ridge Park and Harlan Street needed corrections in the amounts to provide for the contingency funds. Motion by Alderman Merkl "I move that The approval for paving the parking lot in Wheat Ridge Park made on April 25th be amended to include a contingency and that the total amount for the project be $19,158.27 from Account 452 15, and the approval for paving Harlan Street made on April 25th be amended to include a contingency and that the total amount for the project be $13,288 44 from Account 431.3 " Motion was seconded by Alderman Turner and passed 4-0. A request for Walter Rybkowski, Planning Director to attend a Land Use Seminar in place of City Attorney McCarthy who cannot attend was brought up Motion by Alderman Merkl "I move that Mr. Rybkowski attend the Land Use Seminar in Chicago (June 7-9)." Motion was seconded bV Alderman Turner and tied 2-2 Aldermen Donaldson and Howard voted "Nay." Mayor Abramson voted "Nay" and MOTION WAS DEFEATED 3-2 City Administrator John Jerman announced he was leaving for California on Saturday and would be back Tuesday City Treasurer Ja~es Malone stated he had contacted several banks for their interest rates for a Certificate of Deposit a~d that Jefferson Bank and Trust was the highest with 10 3/4%. Resolution No. 311 authorizing purchase of a Certificate of Deposit was introduced by Alderman Donaldson and was read. Motion by Alderman Howard "I move that Resolution No 311 be approved" Motion was seconded by Alderman Merkl and passed 4-0 The Budget and Appropriations Report was presented by Mr Malone and he stated he was still projecting a yearend shortage of 2.71%. It was announced there was to be a joint meeting on Discussion on Planninq Boundaries between Council and Planning Commission on May 29, 1974 at 7 3D p.m., and Council agreed to attend Alderman Turner recommended that the Lena Gulch Study be presented again before the Board of Adjustment, Planning Commission, Parks etc. Mayor Abramson suggested a Saturday meet in Meeting was adjourned at 11 30.p m. -f) g ((:, J!.,-, ~,~:<' t'z/ 0 (( ":..l- i's C _C:{. 1'L_ -4- MINUTES TRANSCRIPT May 23, 1974 Regarding Decision by Wheat Ridge City Council pertaining to Vern s Restaurant and Lounge ALDERMAN TURNER Yes, ~r Mayor, I think this Council appreciates the difficulties that are associated with identification ages in young people, long hair the looking ulder and the whole bit. I also think we find it's admirable that Mr Vohoska has gone 29 years with no violation of any kind. However, in all fairness we have established the ftilowing Finding of Fact The liquor violation did oc~runder Section 75-2-37 of the Colorado Liquor Code. Liquor was serveD or rather beer which was in excess of of 3.2 alcrhol content was served to a minor, to a person who was 20 years old Identification was not requested at the time the sale was made, the service was made I would move that the Liquor License at VernIs Restaurant and Lounge at 44th and Wadsu'orth be suspended from Friday, May 24th at 12 00 o'clock noon, until Monday, May 27th, at 12 00 o'clock noon MAYOR ABRAMSON NOul, let me get this clear This is a Motion that the liquor license held by West forth Fourth Avenue Inc. dba Vern's ALDERMAN TURNER Doing business as Vern's Restaurant and Lounge. MAYOR ABRAMSON Ok, ... the Motion is that the liquor license held by West Forty Fourth Avenue Incorporation doing business as Vern's 7605 West 44th Avenue be suspended from noon Friday May 24th, to noon Monday, May 27th because of the violation of Section 75- TURNER ALDERMAN 75-~-37, Colorado Liquor Code, for the reasons that I previously mentioned. MAYOR ABRAMSON Is there a second to that Motion? ALDERMAN HOWARD I'll second it MAYOR ABRAMSON Seconded by Alderman Howard. Poll the Council. CITY CLERK ELISE BROUGHAM Alderman Donaldson "Aye", Alderman Howard "Aye", Alderman Merkl "Aye", Alderman Turner "Aye". MAYOR ABRAMSON Unanimous that the liquor license will be suspended from noon Friday the 24th of May until noon Monday the 27th of May. Mr Mc Carthy the City Clerk will carry out the suspension? IS that correct? CITY ATTORNEY MC CARTHY Yes, your honor