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HomeMy WebLinkAbout06/28/1973 MINUTES June 28, 1973 The two hundred and seventh regular meeting of the Wheat Ridge City Council was called to order at 7 40 p.m. at 7390 West 38 Avenue by Mayor Albert E Anderson Aldermen attending were Donaldson and Ray Pepe. Robert Howard was absent Dr. Paul Abramson, Mary Jo Cavarra, Joseph Calvin Hulsey arrived later, and Alderman Others attending were Mayor Albert Anderson City Clerk Louise Turner, City Treasurer James Malone, City Attorney Maurice Fox, and interested citizens. Motion by Alderman Donaldson "I move that the Clerk dispense with the reading of the Minutes and that they be approved as written " Motion was seconded by Alderman Abramson and passed 3-1. Alderman Pepe voted "nay." A Public Hearing was held for change of corporate officers of Barnes Investment Company dba Prk N Pik Liquors. Purchasers Joseph and Jenny Lee Gasperetti and Clyde and Phylis Badger were present and were represented by Attorney Paul Beacom Georqe Hol~, attorney stated that William B. Poltera, sole owner was present and favored approval of the sale. No one else was present who indicated he wanted to speak. Motion by Alderman Abramson "I move that the transfer of ownership of stock in the Barnes Investment Company dba Prk N Pik Liquors from William B Poltera to Joseph C. and Jenny Lee Gasperetti and Clyde and Phylis Badger be approved." Motion was seconded by Alderman Cavarra and passed 4-0 Minor Subdivision No. 10 was considered. was present with Engineer Emmett Lane who approved by Brian Moss of Public Works to Applicant Dr. Clarence Jacobson presented a drainage report the Council. Alderman Cavarra stated the Motion to table the case on May 31, 1973 had requested the approval of the Public Works Director. Mr. Lane stated Mr. Taylor had been present when the plan was discussed and approved at Public Works. Motion by Alderman Cavarra "I move that Minor Subdivision No. 10 be approved and the proper signatures be attached to the papers." Motion was seconded by Alderman Donaldson and passed 3-1. Alderman Pepe voted "nay " Darrell Skelton, attorney of 4380 Harlan Street appeared on behalf of the Walt Flanagan Company which owns the property to the north of, and across Clear Creek from Johnson Park. He stated 1 He had been made aware of the City's request for a parking lot on the north side of Clear Creek to connect with a foot bridge which would cross to the park 2 That the property desired for ROW was between properties owned by Flanagan and Schmidt Construction Company. 3. That a small building owned by Schmidt whom he also represented would be moved. 4. That the appraised value of the property was $15,750 DO. 5 That his clients instead of an outright purchase by the City for $15,750.00 would prefer $6,000.00 plus a water line extension including a two inch tap on the Walt Flanagan property. MINUTES - June 28, 1973 - Continued -2- City Attorney Maurice Fox stated he would like to table the matter because the Johnson Park property is involved in a controversy presently before the Supreme Court. He explained that one of the heirs has claimed that conditions imposed by Judge Johnson had not been met and that the property should revert to him Attorney Fox advised that the matter be tabled until the question of reverting no longer existed. Motion by Alderman Pepe "I move this matter be tabled." Motion was seconded by Alderman Donaldson and passed 4-0. Mayor Anderson announced that the traffic signal contract would be tabled until the study session and that the use tax ordinance would be tabled because a bill allowing such action had not yet been signed by the Governor. Ordinance No. 133 repealing t,he city cigarette tax was brought up for second consideration and the title read Motion by Alderman Donaldson "I move that the title having been read, the Clerk dispense with reading the Ordinance" Motion was seconded by Alderman Pepe and passed 3-1 Alderman Abramson voted "nay." Motion by Alderman Donaldson "I move that Ordinance No 133 be amended as follows Delete Section 3 as presented, and add Section 3. Refund The City Treasurer is authorized to make refunds for prepaid cigarette tax provided that no refund shall be made for any decal or stamp which has been placed upon any pack or carton under the provisions of Ordinance No 1. Section 4. Emergency Clause. The provisions of this Ordinance are necessary to prevent excessive taxation on cigarettes within the City of Wheat Ridge for the following reasons 1. A statewide tax on cigarettes becomes effective on July 1st, 1973. 2. Wheat Ridge will be ineligible to receive the benefits of this statewide tax so long as Wheat Ridge has its own tax in effect. Section 5. Effective Date. This Ordinance shall take effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three-fourths (3/4) of the members of the City Council, otherwise said Ordinance shall take effect thirty (30) days after publication following final passage." Motion was seconded by Alderman Pepe. It was clarified by Treasurer James Malone that refunds could be made for stamps not placed on packs and unused units on meters. Motion to amend the Ordinance passed 3-1. Alderman Abramson voted "nay." Motion by Alderman Pepe "I move that Ordinance No. 133 be passed on second reading as amended and be ordered published and posted" Motion was seconded by Alderman Donaldson and passed 4-0. Aldermen Howard and Hulsey were absent Resolution No. 233 pertaining to the repeal of the city's cigarette tax was introduced by Alderman Abramson and read. Motion by Alderman Abramson "I move we adopt Resolution No. 233." Motion was seconded by Alderman Donaldson and passed 4-0. Motion by Alderman Abramson "I move that a Public Hearing for a 3-way liquor license for Wheatridge Lanes be held on July 12, 1973 with the neighborhood set at one mile from the site subject to information presented at the hearing" Motion was seconded by Alderman Cavarra and passed 4-0. Mr. A F. Williams, Vice Chairman of the Park and Recreation Commission ap- peared on behalf of the Commission regarding the Johnson Park problem. He stated there had been a clause in the will stipulating that a 50 foot road was to run through the park and was intended at the time to provide access to other Johnson property to the west. Mr. Williams stated the Commission MINUTES - June 28, 1973 - Continued -3- f88l5 r85triction5 are no longer valid and has suggested that the City "condemn out" that strip of land, so that future interests would be condemned out. City Attorney Fox concurred that the city "should attempt to condemn it out", and added that if the provision had been prompted by an interest in land, it could be ruled out. Ordinance No 132 pertaining to Director's pay was brought up for second consideration and the title read. Motion by Alderman Pepe, seconded by Alderman Abramson and passed 4-0 "that the Clerk dispense with reading the Ordinance, the title having been read " Motion by Alderman Abramson "I move that Ordinance No. 132 on second reading and be ordered and published and posted." was seconded by Alderman Donaldson and passed 5-0. Alderman was absent be passed Motion Howard Motion by Alderman Abramson "I negotiate with the candidate for salaries imposed by Ordinance No Cavarra. move that Mr. Stewart be authorized to Planning Director up to the limits of 132." Motion was seconded by Alderman Discussion followed pertaining to the candidate's qualifications and request for moving expenses. Motion passed 4-1. Alderman Peps voted "nay." City Attornev Fox stated that after July 1, 1973 he would not be preparing and presenting zoning cases to Council because of the legal work load. He recommended that Mrs. Waterman begin presenting them and said he would assist her. He recommended that Council hire another person on the current planner level and an additional engineer in Public Works. Leland Stewart of the Planning Commission stated the Commission felt the new director should determine what he needs. He added the new director, if and when hired would formulate a comprehensive plan in seven months. Meeting was adjourned at 10 15 p.m. Louise F. Turner City Clerk ....-y/ ? t~~ ~