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HomeMy WebLinkAbout11/23/1971 MINUTES November 23, 1971 The one hundred and thirty-fifth regular meeting of the Wheat Ridge City Council was called to order at 7 30 P m by Mayor pro tem Dana Bowling at 7390 West 38 Avenue Other Aldermen attending were Jack Bramble, Robert Howard, Calvin Hulsey and Ray Pepe, and Joseph Donaldson. Also attending were City Clerk Louise Turner, City Attorney Maurice Fox, persons applying for liquor license renewals, and Flood Plain Exception permits, staff personnel and interested citizens. Public Hearing was held in regard to a Liquor Code Violation for Wheatridge Liquors Company at 5808 West 38 Avenue George Palaze, Annette Palaze and Salvatore DeCarlo - owners and directors of the corporation were present and were represented by Howard Miller, attorney. Mr Miller stated that the notices of summary suspension and of the hearing had been received, that the store had been closed at and had remained closed since noon on November 19, 1971, that the charge was sale of beer to an 18 year old, that this period of being closed had been a burden financially, that the "custom and universal practice" of Wheatridge Liquors Co was to inspect the identification of anyone who appeared under age and to refuse to make a sale to anyone who was too young George Palaze, the one who had made the sale said the person looked older and was not a regular customer. Ronald White of Wheat Ridge Police Department stated the person "could pass for 21." Three persons Dewey Dutton of 12145 Applewood Knolls Drive, Ron Wright of 3280 Ingalls and Ravmond Weiland of Weiland Greenhouses at 33 Avenue and Harlan testified they had been present in the store at times when identifications had been asked for and sales refused. Alderman Pepe stated he felt further suspension would be too harsh and made the following Motion "I move that the suspension of the license of Wheatridge Liquors Company be lifted as of midnight tonight, November 23, 1971." Motion was seconded by Alderman Donaldson and passed 6-0. The following liquor licenses came up for renewal 1 Wheatridge Liquors Company, package liquor store license. Motion by Alderman Hulsey "I move that the package liquor license of Wheatridge Liquors Company at 5805 West 38 Avenue be renewed." Motion was seconded by Alderman Donaldson and passed 6-0. 2 HollV West at 3490 Youngfield, hotel and restaurant license George Apostolakis was present and was asked to explain an instance described in a police report which stated cars were in the parking lot and people in the establishment after 3 00 a.m , and that police were not admitted until the dispatcher phoned to tell occupants that police were at the door Phone had been answered by someone claiming to be a "sheriff s officer" Mr Apostalakis said that cars are often left in the parking lot by persons who go elsewhere, that answering as a "sheriff's officer" was a joke because he thought someone else was calling, that the owners, bartender and some waitresses had stayed late that night because they were waiting for a clean-up crew which was new, that a clean-up crew comes each night but it is not necessary to wait for it other than when it is a new one because the crew has its own door&alarm keys - alarm is a century alarm, that normally owners et al stay long enough to total food checks and this may be up to half an hour during the week and 35-40 minutes on weekends. --- , -2- Lt Wallace said 5 or 6 cars were in the lot Motion by Alderman Pepe "I move that the license renewal for Capa Inc : dba Holly West be tabled for two weeks for further study and conslder renewal on December 16, 1971." Motion was seconded by Alderman Hulsey and passed 6-0 3. Ridge Drug Company, drug store liquor license, Calvin F. Johnson was present. Motion by Alderman Donaldson, seconded by Alderman Howard and passed 6-0 "that the drug store liquor license for Calvin F and Barbara A. Johnson - Ridge Drug Company at 5395 West 38 Avenue be renewed." 4 Caravan West, hotel and restaurant license, Harry Sigman manager was present. Motion by Alderman Howard "I move renewal of this license be tabled until one of the owners can be present." Motion died for lack of a second In answer to questions, Mr. Sigman stated there were floodlights in the rear but can't invest in lights to the east because he doesn't have a lease on that lot,also that the place is for sale Motion by Alderman Hulsey "I move the 3-way, hotel and restaurant license be renewed for Caravan West at 11221 West 44 Avenue." Motion was seconded by Alderman Bowling and passed 4-1 with Alderman Howard voting "nay" and Alderman Pepe abstaining because he had been out of the room during the discussion. 5 Club Corner Bar and Nite Club at 6551 West 44 Avenue, hotel and restaurant license, Jim Wurm, owner and manager was present. Mr. Wurm was questioned regarding piice report that said a beer bottle found on a person in Tops Restaurant was said to have come from Club Corner. Mr. Wurm stated the man involved was a musician and that he is no longer working at Club Corner Alderman Bramble stated too many reports come from Club Corner and better control is needed Motion by Alderman Hulsey "I move that the Club Corner license renewal be tabled for two weeks to the 16th of December, 1971." Motion was seconded by Alderman Bramble and passed 5-0 with Alderman Donaldson not present. 6. Lost Knight Lounge, hotel and restaurant license, Joan Padian Shaw, owner was present Motion by Alderman Pepe "I move that the hotel and restaurant license for the Lost Knight Lounge at 3270 Youngfield be renewed " Motion was seconded by Alderman Hulsey and passed 5-0 with Alderman Donaldson abstaining because be had not been present during the discussion. 7. Los Panchos, beer and wine license, Mrs. Juarez and Mrs. Sepulveda were present. Motion by Alderman Pepe "I move that the beer and wine license for Los Panchos at 6351 West 44 Avenue be renewed." Motion was seconded by Alderman Howard and passed 6-0 8. The Twentv's Restaurant, hotel and restaurant license, Norman Markel, owner, was present. Motion by Alderman Pepe "I move that the 3-way liquor license for the Twenty's Restaurant at 10151 West 26 Avenue be renewed." Motion was seconded by Alderman Hulsey and passed 6-0 Rezoning Case WZ-71-19 a request for Planned Unit Development for apartments came up for second consideration Concept of the plan had been approved at the first hearing Location is 4885 Garrison Street and present zoning is Agricultural-One. -3- Mr. Barr of the Planning Department said that the Comprehensive Plan shows this area to be low density residential, that general discussion is appropriate, that the Planning Department recommends approval, and ~hat the Planning Commission had accepted the final plan as submltted Also, that the Arvada Fire Department idicated approval and the Valley Water and Clear Creek Sanitation District had said the services were available. Density is to be 21 85 units per acre Maximum density for Residential-Three is 21.78 units per acre. He added there were to be 108 parking spaces for 54 units Alderman Howard questioned a statement written on the plans which said the date of occupancy would be completion of the entire project. Attorney Fox said this is not necessarily binding Anqelo LaPorta, applicant, said only minor changes had been made since the preliminary plan changing from square to rectangle allowed more open space, also, a game room and sauna had been added Motion by Alderman Pepe "I move we table Case WZ-71-19 a request of Angelo LaPorta for a rezoning from present Agricultural-One to proposed Planned Unit Development for a decision at the next Council Meeting on December 9, 1971." Motion was seconded by Alderman Howard and passed 4-0 with Alderman Donaldson abstaining and Alderman Bramble not present. WF-71-0~ Flood Plain was heard. Case was Tri-Consultants, Inc Special Exception Request of Kenneth Gantenbein presented by Daniel S. Aberle, engineer with Applicant Kenneth Gantenbein was also present. Request was for seven buildings, one for which the location was given as being in the cross-flow area on the property originally shown for WF-71-o4 when a previous request for five apartment houses was granted. Elevation was given as two feet above the flood elevation The other six were to be on a recently purchased "L" shaped piece of property one end of which abuts the first piece of property Part of the additional piece is in the cross-flow and part in the flood channel. In response to aq~stion as to his background, Mr. Aberle said he was a graduate of S Dakota School of Technology in Civil Engineering, he had been in the Corps of Engineers, he had worked with Burns and McDonald on flood plain, sewer and water analysis, he had spent 5 years with Engineering Consultants Inc. in hydraulogical research working on river studies in Thailand, Pakistan and Ceylon as a junior and senior designer and eventually as a professional engineer. He had also worked on Colorado River basin projects. He said he was the first one to present a request in the flood plain. He stated that the foundation of the buildings, previously approved were 5412 feet elevation, two feet above the 100 year flood elevation of 5410 feet. These were verified by running a level line from a temporary bench mark, known as BMU3911 at 38 Avenue and Kipling where the elevation is 5397.40 In answer to the question of whether or not additlimal building and fill might raise the water on properties to the west, Mr. Aberle said that water seeks its own level and this "might push it faster." He said the ground at the existing structures is only raised for fifteen feet around the structures The rest of the ground is undisturbed and likewise in the proposed buildings dirt from the crawl spaces would be feathered out and the rest of the ground level would not be disturbed. He was again asked if this would cause the water level to rise and replied that "a 100 year flood does not mean one every 100 years, but rather a 1% chance in one year. That it will be slow and shallow a~d not be everywhere and the elevation of the water "would not measurably rise " -.,,--~.-.-.__._~._-.- C-- , -4- In answer to questions as to elevations, he said the elevation at 38 Avenue and Quail was 5412 54 and the invert elevation of the stream bed was 5,408 feet and that the cross flow area shown in yellow could be surrounded and not get wet. Mr Aberle summarized 1 That elevations have been placed on the buildings. 2 That some dirt has been stockpiled until it can be haJled away. 3 That the dam of Maple Grove Reservoir will retard the flow from 52 to 38 cubic feet per seco~d 4. That there are provisions to build in the Flood Plain and that these provisions have been met 5 That Mr Gantenbein's intent is to meet the limitations and that this has been done Speaking in opposition was Dr. David T. Snow of 11568 West 39 Avenue who questioned such things as the absence of elevations in the new area, the absence of reference to the ground and reference to the difference in needs in the cross- flow and the flood channel and in view of these and other omissions found the report "questionable" He also felt performance on the first area did not meet what was safe a~d/or what had been specified and required He said the intent of the ordinance is to protect buyers who might build in a flood plain and also those already in an area who might be damaged by new buildings. In answer to a question regarding depriving an owner of the use of his land, Dr. Snow said not to use the land may be the intent of the Ordinance, or at least not to use it for human habitation and instead to find proper uses He referred to Europe where after centuries of experience and rebuilding, beneficial uses other than buildings have been found for areas in floodways He indicated that speculation in a floodway is not wise. He added that in view of the fact that the Corps of Engineers report had been done several years ago and that major changes had been made since, that it would not be unreasonable to expect an engineer to do a complete report on the area from Vivian Street to Kipling as it exists now, and that when one is proposing a development worth hundreds of thousands of dollars, such a study would not be prohibitive. Additional comments are in the general file under WF-71-04. Dr Paul Abramson of 3042 Mtn. Shadows Drive speaking neither in favor nor in opposition said that if and when this matter is tabled the Planning Department should be authorized to hire an engineer competent in open flow hydraulics Attorney Fox stated that notice had been too short for the Planning Department to prepare a finding of fact. Motion by Alderman Pepe "I move that Flood Plain Exception Request WF-71-04 of Kenneth Gantenbein at 37 Avenue and Quail be tabled until December 9, 1971 for a finding of fact and a decision to be rendered at that time." Motion was seconded by Alderman Donaldson and passed 5-0 with Alderman Bramble absent Two additional liquor licenses ca~e up for renewal Paramount Pharmacy, drug store license, Mr. Harkness was present. Motion by Alderman Pepe "I move that the drug store liquor license for Paramount Pharmacy, owner Tom Harkness, at 10041 West 26 Avenue be renewed" Motion was seconded by Alderman Howard and passed 5-0 Alderman Bramble was absent. Ridgeview Inn, hotel and restaurant license, Peter Hellerman, owner was present Motion by Alderman Howard "I move that the hotel and restaurant license for Ridgeview Inn at 4465 Garrison Street be renewed." Motion was seconded by Alderman Hulsey and passed 5-0 -5- Walter Grande, finance officer, presented proposed costs for a traffic signal at 32 Avenue and Teller Street Major expense would be ap- proximately $2,600 00 for econolite controllers Poles removed from site of and replaced by a topics project would be utilized Alderman Donaldson inquired as to the cost and possible adequacy of 4-way stop signs. Brian Moss, traffic technician, for Public Works stated that 5500 cars travel 32 Avenue per day and a 4-way stop would delay them and that no authorities would recognize a 4-way stop sign The following points were brought out Alderman Hulsev stated that school children use the crossing and it's a matter of safety. Alderman Bowling stated that trees are part of the problem. Alderman Pepe stated that living trees need to be preserved Alderman Donaldson stated that the tree limbs piled up on dangerous intersections should be removed promptly Motion by Alderman Pepe "I move that the purchasing agent be authorized to purchase signal materials and contract installation of same at a cost not to exceed $4,920.40 as per estimate attached to the request and amount be charged to account #462" Motion was seconded by Alderman Hulsey and passed 5-0 A proposal for the moving of a Uniroyal Sign at 44 Avenue and Harlan was presented by Brian Moss. Mr Fox stated it must be done by December 1, 1971 and that moving it fifteen feet would probably be less objectionable than removing it entirely. That $11,800.00 has been authorized and $6,800 00 has been spent con- demning the property. Motion by Alderman Hulsey "I move that Brian Moss be authorized to take verbal quotes regarding sign removal at a cost not to exceed $1,500 00 at 44 Avenue and Harlan" Motion was seconded by Alderman Pepe and passed 5-0 Mr Barr of the Planning Department explained to Council that Wheat Ridge had been discussing with representatives of the town of Lakeside the possibility of negotiating for an easement which would allow to Wheat Ridge control of vehicular and pedestrian traffic on the northeast corner of 44 Avenue and Harlan. He stated that Wheat Ridge would like a sidewalk for access to a control button for a crosswalk and that the plans have been approved in a topics program That the project would be paid for by state funds going through Wheat Ridge. Motion by Alderman Hulsey "I move that Mayor Anderson or his designated representative be authorized to enter into an agreement with the town of Lakeside in regard to negotiating for an easement in regard to the northeast corner of 44 Avenue and Harlan." Motion was seconded by Alderman Pepe and passed 5-0 Past paving bills were brought up for discussion Motion by Alderman Howard "I move that the Treasurer be authorized to pay the three outstanding invoices at a total of $4,054 04 from Account #461." Motion was seconded by Alderman Donaldson and passed 3-2 with Aldermen Bowling and Pepe voting "nay." Alderman Bowling explained that he voted "nay" because he would like an explanation of the bill for curb and gutter Alderman Hulsev asked to go on record as requesting an explanation from the Mayor of the curb and gutter expense at 32 Avenue and Sheridan Blvd. Ordinance No. 98 was discussed and it was stated that perhaps it could be read on December 16, 1971. Meeting was adjourned at 11 45 P m \') ,) I ) / -7' -/ ~:-~ :7 v c-- ~;l- 7LC",-, Ilouise F. Turner, City Clerk