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HomeMy WebLinkAbout11/09/1972 MINUTES November 9, 1972 The one hundred and eighty-first regular meeting of the Wheat Ridge City Council was called to order at 7 35 P m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen present were Hulsey and Ray Pepe. absent. Dr. Paul Abramson, Joseph Donaldson, Calvin Aldermen Jack Bramble and Robert Howard were Also attending were Mayor Anderson, City Clerk Louise F. Turner, City Attorney Maurice Fox, applicants for beer and liquor license renewals, and zoning hearings and staff personnel and interested citizens. Citizens' Comments were made by Richard Kifer of 3572 Garland who asked if Garrison Gardens Subdivision would be heard. He stted it was not on the Agenda, nor in the newspaper and adjacent residents had not received notification. Motion by Alderman Abramson "I move that WS-72-03, Garrison Gardens Subdivision not be heard on tonight's agenda, and that it be rescheduled with proper notification given by the Planning Department." Motion was seconded by Alderman Donaldson. It was determined that the applicant was present and aware of the situation. Council was polled and Motion passed 4-0. Arlyne Plumb, applicant in Case WZ-72-30, scheduled for later on the Agenda, who asked for a continuance or tabling of the case. She asked for time to investigate the possibility of development of her property under its existing Restricted-Commercial Zoning after a negative report from the Planning Commission on what she termed her "requested down-zoning." After comments indicating members of Council didnot consider tabling desirable, Mrs. Plumb stated if it could not be delayed then she would withdraw the application. Motion by Alderman Abramson, seconded by Alderman Donaldson and passed 4-0 "That no continuance be granted in Case WZ-72-30." Mrs. Plumb was directed to see Paul Walker regarding withdrawal of the application. The following 3.2% fermented malt beverage licenses came up for renewal. Safeway Store #234 - Harry Jarvis, manager of the store who resided at 6852 Marion Circle, Littleton was present. No one else appeared in the matter and the police check indicated there had been no violations. Motion was made by Alde-rman Pepe, seconded by Alderman Abramson and passed 4-0 "That the 3.2% fermented malt beverage package license in existence for Safeway Store #234 at 5353 West 38 Avenue be renewed." Tenneco Food Store - Kenneth Grawet, Manager since October 17, 1972 residing at 385 South Kline was present. No one else appeared and the police check indicated no violations. Motion was made by Alderman Pepe, seconded by Alderman Hulsey and passed 4-0 "That the 3.2% fermented malt beverage license for Tenneco Food Store at 12700 West 32 Avenue be renewed." Alderman Pepe stated he intended to introduce an Ordinance requlrlng beer outlets to notify the licensing authority when manager's are changed. MINUTES - November 9, 1972 - Continued -2- Seven-Eleven Store #49 of the Southland Corporation was not heard because the applicant didnot appear and will be rescheduled. The following liqJor licenses came up for renewal. Wheatridge Liquors Company - George Palaze, president of the Corporation was present. No one other than the applicant appeared and the police check indicated a violation and suspension in 1971. Motion by Alderman Donaldson, seconded by Alderman Hulsey and passed 4-0 "That approval be granted for renewal of the package liquor license for Wheatridge Liquors Company at 5808 West 38 Avenue." Village Inn Pancake House - Jim P. Mola of Box 964, Evergreen, owner of the restaurant and lounge was present. No one but the applicant appeared and the police check showed no vUiations. Motion was made by Alderman Donaldson, seconded by Alderman Abramson and passed 4-0 "That the 3-way liquor license be renewed for Jim P. Mola dba Village Inn Pancake House at 4700 Kipling." Vern's - Vernon D. Vohaska residing at 424 South Marshall, president of West 44 Inc. was present. No one other than the applicant appeared and the police check indicated no vkiations. Motion was made by Alderman Pepe, seconded by Alderman Hulsey and passed 4-0 "That the 3-way liquor license for Vern's at 7605 West 44 Avenue with extended hours be renewed " Hobo Inc. dba Port 0' Entree - Dewey Dutton Jr, residing at 12145 Applewood Knolls Drive, president of Hobo Inc. was present. No one else appeared and the police check indicated no violations. Motion was made by Alderman Peps, seconded by Alderman Hulsey and passed 4-0 "That the 3-way liquor license including extended hours for Port O'Entree at 4105 Wadsworth be renewed." Lakeside Liquors - David E. Perry residing at 4015 Ammons Street, owner was present No one else appeared and the police report indicated no violations. Motion was made by Alderman Hulsey, seconded by Alderman Pepe and passed 4-0 "That the package liquor license for Lakeside Liquors at 5820 West 44 Avenue be renewed." House of Lords - Wilbur Varra of 6965 West 47 Place part-owner appeared. Kosmos Lallas also was present. No one other than the owners appeared, and the police report indicated no violations. Motion was passed 3-0 Kipling be made by Alderman Pepe, seconded by Alderman Donaldson and "That the 3-way liquor license for House of Lords at 4111 renewed." Alderman Abramson was temporarily absent. Disabled American Veterans Post #22 - Harley Strauhman of 1696 Tabor, who was the manager was present. There had been no vliiations and no one else appeared. Motion by Alderman Hulsey, seconded by Alderman Abramson and passed 4-0 "That the 3-way liquor license for DAV #22 located at 4901 Marshall be renewed." Cuqino's Italian Restaurant - Ernest Pietrafeso of 10560 West 63 Avenue Arvada, part-owner was present. No one else appeared and the police record indicated no violations. Motion by Alderman Donaldson, seconded by Alderman Abramson and passed 4-0 "That renewal of a Class F, beer and wine license for Cugino's Italian Restaurant at 5807 West 38 Avenue be approved." MINUTES - November 9, 1972 - Continued -3- Prk-N-Pik Liquor5 - William POltera of 3BBO Dudley, president Barnes Invsstmsnt Company was present. No one else appeared. Report indicated two violations, one in March 1972 and one in of Police August 1972. Motion by Alderman Pepe Prk-N-Pik Liquor5 at 9345 by Alderman Donaldson and "I move that the package liquor license for We5t 44 Avenue be renewed." Motion was seconded passed 3-1. Alderman Abramson voted "nay" Jenny's Italian Restaurant - Pasqual Aiello of 2550 West 40 Avenue, Denver, secretary-treasurer of J and E Corporation was present. Motion by Alderman Donaldson, seconded by Alderman Hulsey and passed 4-0 "That the 3-way liquor license for J & E Corporation dba Jenny's Italian Restaurant at 6995 West 38 Avenue be renewed." Motion by Alderman Hulsey, seconded by Alderman Abramson and passed 4-0 "That since the proposed expansion meets the plans submitted, that it meets all criteria and has been approved by the Building Inspector, approval of the expansion of Jenny's Italian Restaurant be granted." Jolly Jacks - Jack L. Farrer Jr. of 1692 South Valentine Court, part- owner appeared. Jack L. Farrer Sr. was also present. No one else appeared and the police report indicated no violations. Motion by Alderman Pepe, seconded by Alderman Hulsey and passed 4-0 "That Jolly Jack's package liquor license at 4141 Kipling be renewed." A Preliminary Hearing for the transfer of ownership of a 3-way liquor license for the Venetian Restaurant from Frank Lombardi to Wayne Steuert was held. Mr. Steuert was present and stated the sale had taken place on July 31, 1972. Motion by Alderman Abramson "I move that a Public Hearing for transfer of a 3-way liquor license for the Venetian Restaurant at 10051 West 1-70 Service Road (north) be established for the Meeting of December 14, 1972." Motion was seconded by Alderman Donaldson and passed 4-0. City Attorney Maurice Fox stated that the former owner, Frank Lombardi should attend the Public Hearing. A Public Hearing for a change of location for Applejack Liquor from 3450 Youngfield to 3320 Youngfield Street was heard. The applicant Herbert Becker was present and was represented by Attorney Conrad Gardner. Edward Sullivan of 2430 Harlan who conducted an impartial poll on behalf of the City stated out of 100 people contacted, 81 were for approval, 8 were opposed and 11 had no opinion. His petitions were presented for the record. He stated there were no other package liquor stores within the one mile radius. Mr. Gardner presented 12 pages of names of people who had signed petitions on the premises of Applejack in favor of the transfer of location. Mr. Gardner pointed out that the time of moving, if granted, would depend upon the completion of construction and a renewal of either the new or the old license might be needed. Mayor Anderson on advice from Attorney Fox ruled the matter of renewal could be considered as late as December28, 1972 and a renewal hearing would be scheduled for it. It was stated by Mr. Gardner and Mr. Becker that should the new license take effect before the end of 1972 the old one would be surrendered No one appeared in opposition. Complete proceedings were recorded by Court Reporter Harve Clements. Motion by Alderman Abramson "I move that the transfer of location of Applejack from 3450 Youngfield to 3320 Youngfield be tabled until November 14, 1972 for a decision to be rendered during the normal course of the meeting." Motion was seconded by Alderman Hulsey and passed 4-0. MINUTES - November 9, 1972 - Continued -4- Rezoning Case WZ-72-2B was heard. Applicant David K. Rice Jr. reqJested a change from Agricultural-One to Residential-One A for .47 acres at 4330 Jellison for single family dwellings. Robert_Barr of the Planning Department stated the Planning Commission had unanimously recommended approval because it was not in the flood plain, ~t would not place undue burden on the schools and it would upgrade and compliment the area. Mr. Barr said the publication and posting had been proper and that one person, Mrs. Ella Stowell had spoken at the Planning Commission hearing, not in opposition but to inquire as to obligations of the applicant in regard to street improvements. David K. Rice Jr., the applicant stated 1. The property is 242 feet deep. 2. A 10 foot easement would be given on Jellison Street. 3. Two houses in the $20,000.00-$22,000.00 range would be built, one facing Jellison and one facirg Iris Street. 4 The area which is less than Yz acre limits or precludes agricultural use. 5. This ~ld be a minor subdivision. No one appeared other than the applicant. Motion by Alderman Abramson "I move that Case WZ-72-2B request for a change from Agricultural-One to Residential-One A at 4330 Jellison be tabled to November 14, 1972 for a decision during the normal course of the meeting." Motion was seconded by Alderman Pepe and passed 4-0. WZ-72-34 Rezoning Request for a change from Industrial to an "Industrial Development Plan" for the purpose of industrial development on 20.5 acres at 10619 West 50 Avenue Applicant LDL Investment Company was represented by Jack La Follette of 6600 East Amhearst, general partner in LDL Company. Mr Barr stated that the Planning Commission by a vote of 5-0 had recommended "That Case WZ-72-34 be accepted in its preliminary plan subject to installation of landscaping before the final plat is submitted." Mr. Barr said Gerald Birney and Ivan Hawn had spoken at the hearing, that Mr. Birney had expressed appreciation for the fact that the Fruitdale Civic Association had been invited to the hearing, and Mr. Hawn had said the construction would reduce noise and that perhaps if it were prestressed concrete it would further reduce it. Mr. Barr added that this is 20.5 acres, that it is the Columbine Glass property, that the container corporation has been excluded from the plan which is for physical development but not landscaping, that it is for partial development and that the total plan will go to the Planning Commission for approval. Applicant spokesman Jack La Follette, a general partner in LDL said 1. A general development plan will be turned in. 2. That the request is to house the present crusher for the Coors glass recycling program. 3. That formerly one truckload per day was received but now four per day are received. 4 That a shed for protection is needed for people and for storage, now unprotected. 5. The decible level of the crusher itself Wit~aR~el~~e~M8 BO% but since it comprises only 2 to 3% of the total, the^OeClbre Level of the total operation will not be significant. 6. Increase mayor may not happen when the facility is completed. 7. Traffic is not significant, i.e. 4 trucks per day. B. Some utility lines have been changed. 9. A meeting with the Commission is set for November 20, 1972. 10. This facility was proposed to serve the Denver area. MINUTES - November 9, 1972 - Continued -5- John Kettle, Director of Administration who resides at 8111 West 72 Pl<lce st<lted. 1. Plans are not always predictable in the future because they are somewhat predicated by the "whim of Coors", that the present urgency was related to the commitment of him and Coors to take back glass and the fact a good deal is being warehoused by Coors for them. 2. That they might have to come in again sometime under pressure for similar reasons. No one else appeared. In answer to question by Alderman Hulsev, Paul Walker of the Planning Department said a specific planning meeting had been requested for the 13th of November 1972. Alderman Abramson commended the applicant for working with the residents of the area. Motion by Alderman Abramson "I move that Case WZ-72-34, a preliminary development plan for LDL at 10619 West 50 Avenue be approved for the follOWing reasons 1. It is in conformity with the neighborhood. 2. It is in conformity with the use, and 3. The residents of the area are in agreement wi th this particular phase of development." Motion was seconded by Alderman Hulsey and passed 3-1. Alderman Pepe voted "nay" saying he felt the Case should be taken under advisement for one week and that he felt the applicants would be coming in again in the future with a proposal for action in a hurry. Ordinance No. 118 was brought up for second consideration and the title read. Motion by Alderman Pepe, seconded by Alderman Hulsey and passed 4-0 "That the Clerk dispense with reading the balance of the Ordinance." William The applicant, Mr.A Knipp and his attorney were present. Motion by Alderman Abramson "I move that Ordinance No. 118 (pertaining to vacation of a walkway at 11878 West 36 Avenu~ be passed on second reading and be ordered published and posted." Motion was seconded by Alderman Hulsey and passed 4-0. Aldermen Howard and Bramble were absent. Renewal of a drugstore liquor license for Wadsworth Drug was considered. Mr. and Mrs. William Hartman of 9463 West 37 Place were present. Police report indicated no violations. No one appeared other than the applicants. Motion by Alderman Pepe "I move that Wadsworth Drug at 7397 West 44 Avenue by Alderman Donaldson and passed 4-0. the drugstore liquor license for be renewed." Motion was seconded Meeting was adjourned at 10 50 p.m. / ,. ..... \.. C 2-c...~.-{ 7' r T ,-co, -/ . J J L: L--- ~6uise F. Turner- City Clerk ~..