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HomeMy WebLinkAbout03/09/1972 MINUTES March 9, 1972 The one hundred and fiftieth regular meeting of the Wheat Ridge City Council was called to order by Mayor Albert E Anderson at 7390 West 38 Avenue at 7 30 p.m Aldermen present were Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray C. Pepe Aldermen Dr Paul Abramson and Jack Bramble were absent Also present were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, applicants and attorneys present for public hearings, staff personnel and interested citizens. Citizen's Comments were made by James Powell of 3505 Kline who stated his rezoning request of WZ-71-32 had been heard by Planning Commission but not yet by Council, a 90 day postponement had been granted and the case rescheduled for Council for April 13, 1972. He pointed out that Residential-Two A zone district had been included in the new Zoning Ordinance and requested he be allowed to take WZ-71-32 back to the Planning Commission before coming to Council Motion by Alderman Pepe "I move that WZ-71-32 be sent back to the Planning Commission and afterwards be sent to the Council for action " Motion was seconded by Alderman Howard and passed 4-0. 3.2 Fermented Malt Beverage Package License for King Soopers at 3400 Youngfield came up for renewal. Don Bergh, store manager and Del W. Green, retail stores' operation supervisor were present. Motion by Alderman Howard "I move that the 3.2 fermented malt beverage package license for King Soopers at 3400 Youngfield be renewed." Motion was seconded by Alderman Hulsey and passed 4-0. Case WZ-71-23 request from Commercial-One and Residential-Three to Planned Unit Development came up for approval of the final plan, the concept having been previously approved by Council. Planning Commission said it approved because it had no choice since the plan meets the necessary criteria but that it sets a precedent that the Commission didn't care to follow in that it allows a greater density to the added units and this raises the density of the overall development. The development presently contains 61 units and an additional 24 are shown in the request. Density will be 23.42 per acre. Parking was discussed and Alderman Howard pointed out the change to Planned Unit Development allowed an increase in the number of units and use of front yard parking. He stated he felt a 25 foot street was not enough street for the number of units Attorney Benjamin Loye stated that applicant Luebke owned of the street and would dedicate that portion of street. directed Mr. Loye to draw up a deed for the dedication. the other side Mr. Luebke Mr. Loye said the plan conforms to what had been presented before, that Council had approved it before and that further evidence would be redundant No one appeared in opposition Motion by Alderman Pepe "I move that WZ-71-23 be taken under advisement for one week until March 15, 1972 for a decision at that time." Motion was seconded by Alderman Hulsey and passed 4-0. WZ-72-02 Rezoning Case was heard. Applicant Denver Publishing Company had requested a change from Agricultural-One to Industrial-Three for offices and warehouse at 48 Avenue and Carr. ~ " -2- The Planning Commission recommended approval because "it is in keeping with the area, it is a good use and will not over-tax the service facilities." Mr Barr of the Planning Department said 1 The Comprehensive Plan shows Public Service for this parcel. 2. It is not in the Flood Plain 3 No additional ROW is required. 4. Parcel is for a less concentrated zoning, (Industrial-Three) than the adjacent andustrial-one) and a large amount of industrial uses are located adjacent to the east and south. Hearing had been scheduled for February 17, 1972 but had been re-set for March 9, 1972 when neither applicant nor attorney was present. Mr. Barr said property is actually surrounded on three sides by agricultural land and explained an error in county maps. There is an agricultural strip on the west side about 50-60 feet, a wider one on the east and a large area to the south. He gave the width of 48 Avenue as 50 feet William Fletcher of 655 Humboldt, Denver, Vice-president of the Denver Publishing Company said ffi prospective purchaser of the property he had requested the change in order that he may use the property and that it would be a better use. He said Denver Publishing Company had gotten the property three years ago in payment of an account. In answer to questions from Council, Robert Barr of the Planning Department stated the case had been presented to the Planning Commission by Jack Cline, realtor who had power of attorney Mr. Fox stated that this was not acceptable to the Council. Mr Tom Sellars of 4784 Carr, who said he would be in opposition until he found out something about it. In answer to his questions Mr. Fox and Mr. Walker explained that if rezoned any Industrial-Three Zone use could be used and read the Agricultural-One and Industrial-Three uses, and Mr. Sellars said with this information he would not be opposed. Motion by Alderman Donaldson "I move Case WZ-72-02 be tabled for one week and a decision be rendered at that time." Motion was seconded by Alderman Hulsey and passed 4-0. A Hearinq was held for considering a Liquor Code Violation at Prk-N-Pik Liquors at 9345 West 44 Avenue The license had been summarily suspended at noon (12 01 p.m ) on March 7, 1972 by order of the City Council Present were the follOWing Mr. and Mrs. William Poltera, owners and their attorney, Michael Villano. Mr Poltera stated That he had had this store for eleven years - that it was his only business, That he had been in the retail business for 45 years, That normally he works during the Friday and Saturday evening rush hours (as well as day time), but on this date he was ill That he had made every effort to have a good, clean, honest business and that in eleven years, them had never heen a violation or a disturbance of any kind. That more attempts are made now by underage people, That determining age is more difficult with long hair and beards, That employees are continually reminded of the importance of checking identification, That this sale had been made by an employee, during rush hour, who had neglected to check for an ID, during a time when he (Mr. Poltera) was not there. That his life savings were in the business and that every day was important -3- That his business is closed. That in most instances past record and intent are considered. Alderman Howard referred to a phone call to Det. White in which a mother had said billing on a business credit card showed her son, age 17 years, had purchased liquor at Prk-N-Pik. He asked Det. White if the 17 year old apprehended was that 17 year old. The answer was "no" He asked if Mr. Poltera knew the ones apprehended and the answer was "no. " Detective White said the 17 year old knsw the employee by his first name and that the 17 year old said he had made purchases there before. Attornev Villano said he had by accident been present for the hearing March 6, 1972 and that he felt Council's consideration should be only on the case in question that the phone call etc. amounted really to "hearsay about three times removed." He said the charge would have been fsr more serious, if Mr. Polters had done it but that it had been done by an employee in Mr. Poltera's absence and that it was a mistake Over which he had no control. Also, he stated that any suspension is harsh and asked that Council consider Mr. Poltera's background and the background of his business and lift the suspension Motion by Alderman Pepe until 8 00 a.m. on March was seconded by Alderman voting "nay" and stating not be continued another "I move that the suspension be continued 11, 1972 and be lifted at that time" Motion Howard and passed 3-1 with Alderman HUlsev he felt the penalty was sufficient and should day. A Preliminary Hearinq for a 2-way liquor license (beer & wine only) for Cuginos Restaurant was held. Attorney Richard Bangert was present. Motion by Alderman Howard "I move that a Public Hearing for consideration of a 2-way liquor license for Cugino's Restaurant be held on April 13, 1972 and that the tentative boundary be set at a one mile radius." Motion was seconded by Alderman Hulsey and passed 4-0. Ordinance No. 108 repealing Ordinances No. 68 and 80 and establishing a new Flood Plain Ordinance was introduced by Alderman Donaldson and read. It was stated by Mr. Walker that changes from the other ordinances Were that the preliminary portion allows Council to adopt the Ordinance, that requests go to the Zoning Administrator and if he cannot grant them, they would go to the Board of Adjustment. Alderman Howard suggested that a fee of $25.00 be charged as in other Board of Adjustment cases. Alderman Hulsey said Council might be shirking its responsibility in turning these cases to someone else. Dr. David Snow of 11568 West 39 Avenue said that the changes are not substantial, that the only change is delegating the responsibility to another governing body. He said three engineers had pointed out the dangers and responsibilities, but that the advice of a party with lessor qualifications was taken by Council which advice was to put it in the hands of an administrator. He said it doesn't make sense to delegate a matter which has been difficult for Council to a lesser body, and that publication money might better be spent on getting help of qualified engineers. -4- Garv Lewman of 4350 Parfet who said if changing the administrative body is the only chang~ it would be wiser to save publication costs and work out the problems. Motion by Alderman Pepe "I move that typographical corrections as listed by Mr. Walker be made." Motion was seconded by Alderman Donaldson and passed 4-0. Motion by Alderman Pepe "I move Ordinance No. 108 be adopted on first reading and be published and posted." Motion was seconded by Ald- erman Howard and passed 3-1 with Alderman Hulsey voting "nay." Meeting was adjourned at 10 55 p.m. Louise F. Turner City Clerk l. ~ ;H'~ VPi;"'