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
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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
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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
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