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HomeMy WebLinkAbout08/31/1972 MINUTES August 31, 1972 The one hundred and 5eventy-second regular meeting of the Wheat Ridge City Council was called to order at 7 40 p.m. by Mayor pro tern Ray C. Pepe at 7390 West 38 Avenue. Other Aldermen attending were Dr. Paul Abramson, Jack Bramble, Joseph Donaldson, Robert Howard and Calvin Hulsey. Others attending were City Clerk Louise F. Turner, City Attorney Maurice Fox, those people involved in and/or interested in a liquor code violation hearing, staff personnel and interested citizens. Citizens' Comments were made by Benjamin Love speaking for the Board of Directors and members of the Chamber of Commerce who stated the Chamber is behind and encourages the Council's efforts to bring business into Wheat Ridge. Alderman Howard who asked that a personnel committee report be allowed later on the Agenda. Alderman Pepe who stated the Liquor Code Violation Hearing decided upon on August 28, 1972 follow immediately after the scheduled decisions. Ronald Weiszmann, candidate for County Commissioner who stated he is leading a petition drive in order to have "County Structural Home Rule" if possible on the November Ballot, or if not possible then, at a Special Election. Don Ruterbories of 3700 Marshall who asked that Council give consideration in the 1973 Budget to storm drainage on Marshall Street south of 38 Avenue. He stated that this has been brought to the attention of Council before, and that a six inch drain is all that serves the whole area. Garv Lewman of 4350 Parfet Street who said that because of increased commercial at 44 Avenue and Ward Road the state "had deemed it necessary" for there to be storm drainage on 44 Avenue. He asked that the Council allow $30,000.00 for construction and $5,000.00 for engineering for this in the 1973 Budget. WZ-72-o3 Rezoning Case came up for decision. Motion by Alderman Abramson "I move that Case WZ-72-03 a change from Agricultural-One to Residential-Two be approved because 1. It is in conformance with the Land Use Plan, 2. Because no citizens appeared in opposition at the Planning Commission Hearing or at our hearing, and 3. It was recommended for approval by the Planning Commission." Motion was seconded by Alderman Hulsey and passed 5-0. WZ-72-17 Rezoning Case came up for decision. Motion by Alderman Hulsey "I move that WZ-72-17 north of 47 Avenue from Miller to Nelson from Agricultural-One to Residential-Two be approved for the following reasons 1. No one appeared here against it. 2. The Planning Commission recommended approval. 3. It conforms to the Land Use Plan." Motion was seconded by Alderman Donaldson and passed 5-0. WZ-72-18 Rezoning Case came up for decision. Motion by Alderman Howard "I move that Rezoning Case WZ-72-18 at 45 Avenue and Routt from present Agricultural-One be approved to proposed Residential-Two for the following reasons This application conforms to the Land Use Plan, and is a continuation of existing Residential-Two to the north" Motion was seconded by Alderman Hulsey and passed 5-0. WZ-72-19 Rezoning Case came up for decision. // ~ , , , , '"'"' MINUTES - August 31, 1972 - Continued -2- Motion by Alderman Bramble "I move that WZ-72-19 be approved for the following Te85on5 1. It conform5 to the Land Use Plan. 2. Planning Commission recommended approval. 3. The plans meet the requirements of the ordinances 4. It is not in the Flood Plain. 5 There was very little opposition at the Hearing. 5. It conforms to the nearby Industrial Plan that was approved a short while ago." Motion was seconded by Alderman Howard. Alderman Bramble stated it was in the area planned for an industrial park, that plans such as the one presented were not easy to come by, that the people of the area were not opposed to an Industrial Park if planned properly and that the Fruitdale people had not presented petitions against it. Alderman Howard asked if a completion time could be required and Attorney Fox said it could but might not be enforceable. Alderman Abramson said he intended to vote "nay" that it was not com- patible with present use or surrounding zoning, that he felt the residents were opposed and that, though he was a resident of another Ward he would vote as the people of the Ward involved wanted. Alderman Pepe agreed with Alderman Bramble that it should be rezoned industrial. Motion by Alderman Donaldson to amend the Motion on the floor by adding "and furthermove that the entire complex be completed in three years." Motion to amend was seconded by Alderman Abramson and passed 5-0. Question was called on the Motion to approve the rezoning and tied 3-3. Aldermen Abramson, Howard, and Hulsey voted "nay." vote of "aye" from Mayor Anderson, read by Mayor pro tem Pepe the tie and passed the rezoning 4-3. vote A written broke Ivan Hawn requested a ruling from City Attorney Msurice Fox as th whether or not a 3/4 vote was necessary in order to pass this rezoning. Attornev Fox read the Statute to Council and explained that the rule applied to owners of 20% of the land adajcent to the front and rear and extending 100 feet therefrom, and did not apply to the owners of all of the surrounding lands. He also said the Service Road appeared to be the frontage side. Alderman Abramson questioned Attorney Fox's interpretation of the wording of the Statute. Attorney Fox stated that Council would have to make a Finding of Fact by Motion on both the interpretation and the frontage. Motion by Alderman Bramble "I move we accept the interpretation of the City Attorney." Motion was seconded by Alderman Pepe and passed 4-2 with Aldermen Abramson and Howard voting "nay." Motion by Alderman Abramson "I move that Robb Street be considered the frontage street for this development." Motion was seconded by Alderman Howard and died in a 3-3 tie vote. Aldermen Bramble, Donaldson and Pepe voted "nay." After discussion Alderman Abramson stated the petition did not constitute 20% and made the folloWing Motion "I move we find that owners of less than 20% of the land in the rear thereto within 100 feet have protested against this and there has been no protest from people immediately opposite thereto within 100 feet." Motion was seconded by Alderman Bramble and passed 5-0. / / / ~ MINUTES - August 31, 1972 - Continued -3- Case W5-7Z-oZ was brought up for decision. Alderman Abramson asked Robert Barr of the Planning Department if he had checked on the curvature of the intersection as it adjoined the lots and asked Frank Callahan if he would put singles on the two lots in question or go to the Board of Adjustment. Frank Callahan, applicant stated that his engineer had said this was considered part of the lot. Mr. Barr concurred. Motion by Alderman Abramson "I move that Case WS-72-o2 - Fruitdale Vista Subdivision at 47 Avenue from Miller to Nelson Street be approved for the following reasons It follows the Land Use Plan and was approved by the Planning Commission." Motion was seconded by Alderman Hulsey and passed 5-0. A Public Hearing to consider a violation of the Liquor Code by Prk-N-Pik Liquors at 9345 West 44 Avenue was held. Present were Mr. and Mrs. William Poltera of Prk-N-Pik Liquors, George A. Holley, attorney for Prk-N-Pik Liquors, Howard Jaquay, Officer of the Wheat Ridge Police Department, Michael Lewis Leist and Dominic J. Di Clementi. Officer Jaquay stated 1. That he saw the vehicle occupied by Michael Leist and another young man named Patterson when it left Prk-N-Pik Liquors and stopped it ~h blocks from the outlet. 2. That Michael Leist had purchased 5 quarts of beer and had not been asked for proof of age. 3. That the seller was Dominic J. Di Clementi of 3595 Teller who said Leist looked 21 and he hadn't asked his age. Michael Leist Donaldson and 1. That 2. That asked for ID. 3. That 4. That 5 That 5 That 7. That 8. That 9. That 10. That at any time. 11 That he didn't have a license showing him to 12. That he had a step-brother who was 21 but he 13. That he had just gotten his Colorado license returned from California on June 5, 1972. 14. That he had had and believed he still had at home a California license with a picture. 15. That his birth date was January 19, 1954 and that he was willing to submit to a polygraph test. stated Howard he was he had in answer to questions from Attorney Fox, Aldermen and Attorney Holley the following born January 19, 1954. made purchases there before, that he had not been previous purchases were beer. he had not carried someone else's ID. he had just pushed his hair back and combed it. there were persons in his home 21 or over. there was no one with him OVer 21 years. he had 2 step or half-brothers over 21 years. he had not used their's or other's ID. he had not presented a license showing him to be 21 years be 21 years. was in California. because he had Mr. Holley stated 1. That he had represented Barnes Investment Company, owner of Prk-N-Pik Liquors for ~Yz years. 2. That Mr. Poltera had been in a shoe company, had had back trouble and had bought the liquor company and had had someone else run it. 3. That Mr. Poltera lives on Dudley Street in Wheat Ridge, and that Mr. Poltera has had only two notices in ~Yz years. 4. That his present employees are allover 25 years and married. All have responsible jobs, all have taken polygraph tests and all have been instructed to check ID's. 5. That tha person selling the beer had checked the ID on the buyer 3 times before, that each time it had showed him to be 21 years and on this occassion when it was after 11 00 p.m. he, knowing the buyer, had not asked for ID at that time. /7/ _J/ //"7-.. MINUTES - August 31, 1972 - Continued -4- 5. That Mr. Poltera was not in the establishment at the time of the sale. William Poltera of 3880 Dudley who said 1 That after the first violation in March he had hired someone to stand at the door and check ID's in order to establish the reputation that an under age person coundn't even get in the door, and that this person was no longer there. 2. That he owned 100% of the stock of Barnes Investment Company. 3. That he felt this would not only discourage underage people but that it would also impress employees. 4. That he had, one manager and 5 part-time employees. 5. That the employee who made the sale had worked for him at least 5 months, that he was an electronics student, who was married and who had previously worked for 7-11 Stores, that he was the most experienced of his employees and conscious of the need to check ID's. 5. That this employee worked on Fridays and Saturdays. 7. That at the time of the violation the manager was on vacation. 8. That this was only the second violation in 11 years. 9. That he had always had a manager. 10. That he didn't know of another liquor store that had hired a checker. 11. That there were 50 times as many attempts of underage persons to buy as previously. 1~. That all persons where there is any doubt whereAperson is obviously older (50-50 years) they 13. With Mr. Leist, who would be a borderline checked. 14. again. 15. That with beards and present dress it is more difficult to determine age today. 15. That a driver's license is preferred and if it is not available and no other ID with a picture is available, two kinds of ID are required. ID's are are not. case, he checked, would have After a person is checked 2-3 times and is ok, he is not checked Alderman Hulsey said he remembered at the time of the renewal of the license last year, that Mr Poltera had said a temporary driver's license was not acceptable. City Attorney Fox asked Mr. Poltera if Dominic DiClementi were an employee and if he were denying that Mr. DiClementi made an illegal sale. Mr. Holley interrupted saying he objected to the specific question, that he objected to Mr. Fox's asking Mr. Poltera to admit to the commission of a crime of which he, himself had no knowledge. Dominic Di Clementi was sworn in by Mayor pro tern Ray Pepe. In answer to questions by Attorney Holley and others Mr. Di Clementi stated 1. That he lived at 3559 Teller. 2. That he had been employed since December 1971 and had worked at Prk-N-Pik Liquors for about 9 months. 3. That prior to that time he had worked for 2 years for Tenneco at 9251 Garrison which sold 3.2 beer. 4. That he was 25 years and married and that he had taken a polygraph test before he had been hired. 5. That before he graduated he worked three days a week and since graduation he worked Fridays 5 00 p.m. to 12 00 a.m. and Saturdays either 11 00 a.m. to 6 00 p.m. or 5 00 p.m. to 12 midnight. 5. That the owner was Mr. Poltera and the manager's first name was Irv. 7. That the policy was if there were any reasonable doubt to check that he was told this by both the owner and manager. 8. That a driver's license waspreferred and that if a person didn't have one with a picture (and ~e added many state's licenses don't have a picture) that he required three items of ID which were consistent with one or another and that he asked for things such as tickets that are not nor- mally carried by persons using false ID. ~ 7 / ~ MINUTES - August 31, 1972 - Continued -5- 9. That he had been told if a man had a beard or long hair to "check 'em and check 'em good" but ~hat at 50 even with a beard you can tell that a man's old enough." 10. That the buyer had showed to him a pictured driver's license showing his age as 21 years on three previous occasions and normally he would not have checked him again, regardless of the hour. 11. That the other person in the store was Howard Huss, 42 years old who had been employed 2+ years and that when both were there Mr Huss was in charge, and that Mr. Huss is a counselor in a school system. 12. That he (Mr. Di Clementi) had made the sale to Michael Leist. 13. That the officer has said Leist was 20 years 14. That he himself had bought liquor in other stores and had not been asked his age since he was 18 years old. 15. That he had taken a polygraph test and would be Willing to do so again. 15. That he could identify Leist, that Leist's ID, used previously showed him to be just 21 years and the information on it had seemed proper. 17. That he often asks date of birth but hadn't this time. Attornev Hollev stated that he didn't think a person could find any liquor store in Colorado more strictly or carefully run than Prk-N-Pik Liquors. Also, that closing is a death knell to a business. He pointed out that both Mr. and Mrs. Poltera were present and that Dominic DiClementi was the only witness who had been sworn. In answer to questions Attorney Fox stated he didn't know of any case where polygraph tests had been acceptable, that the person who hires is responsible for actions of employees and that Council could suspend a license up to 5 months. Motion by Alderman Bramble "I move that a polygraph test be given to both Michael Leist and Dominic Di Clementi and from those a decision be made as to the violation." Motion died for lack of a second. Motion by Alderman Howard "I move that the liquor license of Prk-N-Pik Liquors at 9345 West 44 Avenue be suspended from 8 00 a.m. on September 1, 1972 to B 00 a.m. on September 11, 1972." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Bramble voted "nay." The Hearing was recorded on tape which is filed in the office of the Mayor's secretary. A Personnel Committee Report was given by Rocco Gioso. He said the proposed position and pay Ordinance contained some new positions, that not all positions need to be filled, that the Committee recommended promoting from within and recommended interviews for new positions open to anyone in the department as well as others. Ordinance No. 115 was introduced by Alderman Hulsey and read. Motion by Alderman Donaldson "I move that Ordinance No. 115 (Amending Ordinance No. 88 - Police Pay and Positions) be passed on first reading and be ordered published and posted." Motion was seconded by Alderman Abramson and passed 5-0. Ordinance No. 115 was brought up for second consideration and read. Motion by Alderman Donaldson "I move that Ordinance No. 115 (repealing Ordinance No 57) be passed on second reading and be published and posted." Motion was seconded by Alderman Hulsey and passed 5-0. Walter Johnson Director of Administrative Services reported that EEA Funding had ceased and asked that the three employees hired on EEA be transferred to the City payroll. / '7 / /,j MINUTES - August 31, 1972 - Continued -6- Motion by Alderman Hulsey "I move that the three EEA personnel be tran~ferrsd on 5eptember 1, 1972 from EEA to the City payroll." Motion was seconded by AldermaQb and passed 6-0. J-l ramson Resolution No. 181 pertaining to the addition of a second Mechanic I position was introduced by Alderman Abramson and read. Motion by Alderman Abramson "I move that Resolution No. 181 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. George Hunter, Street Superintendent requested Council approval of a slope mower for Public Works. Motion by Alderman Bramble "I move the Purchasing Agent be authorized to purchase one 1955 Tractor - mounted Astron Slope Mower from Western States Machinery at a cost not to exceed $3,450.00. The funds to be drawn from Account No. 431.44." Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Howard and Pepe voted "nay." Finance Officer Walter Grande presented to Council the proposed 1973 Budget. He stated that no raise in taxes is proposed and Wheat Ridge will have the lowest tax structure in the Denver area. One percent sales tax and 4.9 mills will be the base, and will still allow ~ for capital projects He asked that Council call a Public Hearing for consideration of the proposed Budgst. He stated that copiss of the Budget are available in the City Clerk's and City Treasurer's officss. Motion by Alderman Donaldson "I move a Public Hearing for consideration of the Budget be held on September 21, 1972 at 8 00 p.m. in these chambers." Motion was seconded by Alderman Abramson and passed 5-0. The CitV Clerk requested permission to correct an error, pointed out by Planning Director Paul Walker, in the Minutes of the August 24, 1972 meeting approved earlier in the evening. She stated the figures of $29,000.00 and $21,000.00 should be $2,900.00 and $2,100.00 on Page 5 numbers 5 and 5 of Mr Barr's comments. Motion by Alderman Abramson "I move the figures be changed in the August 24, 1972 Minutes to reflect the proper amounts." Motion was seconded by Alderman Donaldson and passed 5-0. Meeting was adjourned at 11 20 p.m. ~-) -/ / Zt:?~{-r: Tu~e~~' ,A~~ City Clerk ?'///f;z ,0 ~ -/ ~-" ' - ., I r: ..... / 7' , / / /.".-.L- / /' , LOUISE F TUR'NER CLERK ALBERT E. ANDERSON MAYOR JAMES 0 MALON E TREASURER au" of 'kJlteai RuJr;e ALDERMEN RAY C PEPE JOSEPH M. DONALDSON ROBERT G HOWARD CALVIN 0 HULSEY PAUL B ABRAMSON JACK W BRAMBLE 7470 W 38TH AVE, P 0 80 X 610 WHEAT RIDGE COLORADO 80033 PHONE 421 8480 August 31, 1972 I VOTE FOR APPROVAL OF RE-ZoNING CASE NO. WZ-72-19. / / ( / ! f / I I il Vi , I \ I I Albert E. Anderson Mavor