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HomeMy WebLinkAbout01/12/1976 fJJINUTES January 12, 1975 Inauguration of Mayor E18ct Stites and all oth8r 81ected officials and oaths of office was scheduled Mayor Homer Roesener presided. Municipal Judge Anthony Zarlengo was present and administered the Oaths of Office for the following Mayor Frank Stites, City Clerk Elise Brougham, City Treasurer James Malone, Councilmen from Ward I. Joseph Donaldson and Lawarence Merkl, Councilmen from Wal'd II Robert Howard and Calvin Hulsey and Councilmen from Ward III. Mary Jo Cavarra and Louise Turner. An intermission for refreshments was held afterwards The three hundred and thirteenth regular meeting of the City Council was called to order by Mayor Frank Stites in attendance were as cited above. Wheat Ridge Councilmen Also in attendance were City Administrator John Jerman, City Attorney Maurice Fox and interested citizens and staff members. Motion by Councilman Turner "I move the Minutes of January 5, 1975 be approved." Motion was seconded by Councilman Merkl and passed 5-0. Public Comment was made by Gib Greene who spoke on behalf of the Chamber of Commerce and thanked the past Mayor Homer Roesener and the Council for their service and presented Mayor Stites with a large placque made of carnations to thank him for all his past work on the Carnation Festival and other civic projects. Election of Mayor pro tem and Council President was held by secret ballot. Councilman Donaldson received 5 votes and Councilman Hulsey received 1 vote for Mavor pro tem. Councilman Merkl received 5 votes and Councilman Turner received 1 vote for Council President. Motion by Councilman Turner "I move that Maurice Fox be appointed City Attorney." Motion was seconded by Councilman Hulsey and passed 5-0. Motion by Councilman Merkl "I move Anthony Zarlengo be appointed judge of the Municipal Court." Motion was seconded by Councilman Turner and passed 5-1. Councilman Hulsey voted "nay.". Motion by Councilman Howard "I nominate the present judge Harry Carleno for appointment as Municipal Judge." Motion was seconded by Councilman Merkl and passed 5-1 Cbun:ilman Hulsey voted "nay." Application by Kipling 5000 Corp for creation of special assessment district and recommendation for retention of a financial and legal advisor pertaining to this district was scheduled. Mr. Jerman stated a date needsto be set for a Public Hearing and he recommended that financial advisor be Hanifen, Imhoff and Samford Inc and the legal attorney be from the firm of Willson & Lamm He stated there was a letter dated 1/12/75 from Imhoff restricting their services to the Kipling 5000 project, which had not been distributed with the packets. Motion by Councilman Hulsey "I move that the Mayor be authorized to enter into an agreement with the bond counsel of Willson and Lamm at 510 American National Bank Building, Denver, CO and the financial consultants of Hanifen, Imhoff and Samford Inc. at 1524 Tremont Place in accordance with their letter dated 1/12/75 for for counseling and consulting work for Kipling 5000." [Illation was seconded by Councilman Donaldson. Motion by Co~ncilman Merkl "I move this item be tabled one week until Council gets a copy of the letter." Motion was seconded By Councilman Howard and TIED 3-3. Councilmen Merkl, Turner and Howard voted "aye", Councilmen Hulsey, Cavarra and Donaldson voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Question was called on Councilman Hulsey's Motion and TIED 3-3. Councilmen Merkl, Turrler and Howard voted "nay" Mayor Sti tet; MlNUT=.S -1/12/75 - Continued -2- voted "aye" making a vote of 4-3 for approval Citv Attornev Fox ruled the Motion failed because it is authorizing a contract calling for expenditure of funds and it would require a majority of all members of Council. Motion by Councilman Cavarra "I move this matt.er be placed on next week's Agenda for decision." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Turner voted "nay." Dwight Griggs, attorney was representing the applicant, Old Prospector's Ltd., which had applied for a Class D, retail liquor package license. Motion by Councilman Merkl "I move to set the Public Hearing date for a new Class D retail liquor license for Old Prospector's Ltd. Liquor Store at 5012 Kipling Street on February 23, 1975, and that the neighborhood boundary be set at a one mile radius from the site of the proposed store." Motion was seconded by Councilman Turner and passed 5-0. Ordinance No 197 amending Ordinance No. 135 by adding 1% additional use tax was introduced by Councilman Donaldson and the title w s read. City Clerk Brouqham read the following amendment as proposed by the City Attorney "I move that Ordinance No. 197, Series of 1975, be amended by renumbering Sections 3,4,5 and 5 to read Sections 4,5,b and '7 respectively. And I move that Ordinance No. 197, Seriss of 1975, be amended by adding a new Section which shall be numbered as Section 3, and which shall read Section Four of Ordinance No. 135, Series of 1973, of the City of Wheat Ridge, Colorado, shall be and hereby is amended to read as follows Should a dispute arise as to the value of conSxuction or building materials under the provisions of Section 2, or the application for a credit to be applied against the use tax as provided in Section 1, the person applying for the permit shall nevertheless pay the tax under the provisions of Section 4. He may then apply to the City Treasurer, stating the basis of his claim on forms provided by the City Treasurer It shall then be the duty of the City Treasurer to dtermine the question of adjustment, and make such adjustments as the Treasurer deems necessary. And I move that Sectlon 2 of Ordinance No. 197, Series of 1975, be a~ended to read The collection of use tax relating to motor or other vehicles shall be collected as set out in 39-25-208 C.R S 1973 The collection of use tax for all other items allowed in Section 1 of this ordinance shall be administered by the City Treasurer and shall be collected at the time permits are issued for building and construction by the City Building Department. The person applying for the applicable permit shall be responsible for payment of the tax. Any credits claimed by applicant under the provisions of Section 1 above must be made by applicant in writing with documentar.ion to support the claim. For the purpose of this section, forty (40%) percent of the valuation of the imporvement as stated on the permit shall be deemed to be the sale value of the construction and building materials stored, used or consumed therein and subject to the provisions of Section 4 of this Ordinance. Motion by Councilman Cavarra "I move the amendmen~ as read by the City Clerk be approved." Motion was seconded by Councilman Donaldson and passed 5-0. Motion by Councilman Cavarra "I move that Ordinance No. 197 as amended be approved on second reading and be published." Motion was seconded by Councilman Hulsey and passed 5-1 Councilman Turner voted "nay." MINUTlS - 1/12/76 - Continued -3- Ordinance No 19B adopting the flood plain map as prepared by Wright McLaughlin and amending Ordinance No. 108 was introduced by Councilman Merkl on first reading and was rEad in full. 3391 Vivian Mr Zwagerman stated some residents in the area had concerns regarding this new map in the area of Vivian and West 34 Avenue and Union which puts their area out of the Flood Plain and which had previously been in the Corps of Engineers map Some of these residents present were Drive, Mr. Paul Dennis of 3384 Vivian Drive and Norm Speak of 3382 Vivian Drive. They presented pictures of ~he area when it has been under water. Mr.Hillen- berg Motion by Councilman Turner "1 move that this Council meet with Wright-McLaughlin Engineers to discuss problems which appear to have arisen regarding the revised flood plain map, and thai~ the ordinance adopting the new map be tabled until after such meeting." Motion was seconded by Councilman Merkl and passed 6-0. Mr. Jerman reported that when Urabn Systems monies are involved, with matching portions from cities, expenditures from Special Improvement Districts can be counted. Councioman HulseV asked the City Administrator what priority the walkway on W. 32 Avenue had on the state funding list, how it got there and where the funding for the engineering work had come from in the budget. It was stated the 32 Avenue walkway had been a 1975 budgeted item and that there had been additional money appropriated. Mr. Jerman is to research the records on this and bring it into Council. Motion by Councilman Hulsey "I move that Betty Day be appointed to the Park and Recreation Commission." Motion was seconded by Councilman Merkl and passed 6-0. The following Agenda items were acknowledged 1 Announcement of 2 vacancies on the Mass Transit Committee and the expiration of Mr. Dennis Floyd's term of office on 2/21/75 on same committee. 2 Notice of expiration of terms of office of Mrs. June Suttie and Mrs. H B. Manning on the Animal Control Commission on 2/7/76. 3 Letter of resignation from A.F. Bud Williams from the Park and Recreation Commission. Meeting was adjourned at 9 30 p.m b ~ I i APPROVED 1:- ,. ~ T~ I ~ /'? Q) en "C .- a: .... 0_ ~('Q .- Q) U.c Ql:> ~> ,.) C) r,) ;-:) -", ~:s ~f I ~I u .. (-) ,) ~---~~-.,--." :<: w f- o O::\lJ o..r:-- '- o::N O<r >-'- C(<r :<:f- lL. 2 ' OW o 2H o [J] l' H W.', f-O::c' U 0....:, W () --.J --.J.: W H 'J lJ 0:: 2' O::J LL 0 f._ lJ [J] .. f- 0 ~ 02 --.J C( . --.J C( m "- c-. -+-c c ~ a ''''';'' -+-c C r- ~ ;--.; t- -ry- panu1+uoJ - 9LI2~/~ - S31nNIW