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Home My WebLink About03/22/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 22, 1993 The rity Council Meeting was called to order by t~e Mayor at 7 30 p m rouncilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony Flasco, Ron Selstad, and Bill Shanley Also present City Clerk, ~anda Sang, City Administrator, Robert Middaugh, Acting City Attorney, Lee Phillips, Chief of Police, Jack Hurst, Director of Public Works, Bob Goebel, staff, and interested citizens PROCLAMATIONS AND CEREMONIES Scout Den 667 posted colors, Scout Den 240 observed APPROVAL OF MINUTES of March 8, 1993 Notion by Mr Eafanti for the approval of the Minutes of March 8, 1993, seconded by Mr Davis, carried 8-0 CITIZENS' RIGHTS TO SPEAK William Fallert, 9463 W 47th Avenue, was sworn in by t~e Mayor, he complained about excessive noise from the Boat House and problems brought about by t~at business, t~ey are out of business now and he asked rouncil for land restrictions so t~at a similar business won't open there Eva Kay Stalie, 3525 Estes Street, was sworn in by t~e Mayor, she asked what it would take to get DARE Officers for Junior Highs (Chief Hurst is working on this) Carl SChiele, 7101 W 38th Avenue, Principal of Wheat Ridge Middle School, 7101 W 38t~ Avenue, home address 7032 Quail Street, Arvada, was sworn in by they Mayor, he thanked rouncil and Police rhief Hurst for the DARE program in elementary schools, it is ~is opinion that young people in Middle Schools need a continued DARE program, asked that rouncil and Police implement this program in both Middle Schools in Wheat Ridge PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 5 - An Ordinance providing for the disconnection of a parcel of land 1 Jcaterl within the rity ~f Wheat Ridge Motion by Mr Flasco to table this item until we can get more information frolo staff about the possiole annexation problem, seconded by Phil Edwards, carried 5-3 with rounuil~embers Selstad, Vance Edwards, and Brougham voting no CITY COUNCIL MINUTES Marc'! 22, 1993 Pag!') -2- Item 2 Council Bill 6 - An Oriinance amending Section 16-110 of the W'Ip.at Ridge Municipal Gode to expand the definition of Family or llol.lsehol i l'lember in thp. Domestic Violence Ordinance rouncil Bill 6 was introducp.d on sp.cood reading bv Mr Davis, title read by the Clerk, Ordinance No 922 assigned Mot ion by ~lr secon ded by r~r Davis for the adoption of Souncil Bill 6 (Ordinance 92?), Shanley, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 3 Motion to bring funding for election mail-out off the table (Summaries must be in Clerk's Office by April 4) Acting City Attorney, Lp.e Phillips, explained that they were informed this afternoon that the rourt ruled that the ~iay 4 City Election was not to take place and that this mail-out was no longer necessary Motion by Mr Davis to table this item, seconded by P'Iil Edwards, carried 8-0 Motion by Mr Davis to hold an Exp.cutive Session under Section 5 7(b)(1) of the rharter, sp.conded by Mr Shanley, carried 6-2 with Mr Flasco and Phil Edwards voting no EXECUTIVE SESSION WAS HELD. Motion by Mr Davis to remove Item 3 from t'le table, seconded by Mr Shanley, carried 8-0 Motion by Mr Davis that the rity of Wheat our options with Mr Phillips on the Court t'le decision at this time, seconded by Mr rouncilmembers Selstad, Vance Edward~ ani Ridgp., after discussion of decision today, not appeal Shanley, carried 5-3 with Brougham voting no Motion by !vir Davis to remove Item 3 from the Agenda, seconiei by Mr FIasco, carried b-2 with Mr Selstad and Vance Edwards voting no Item 4 Condemnation Resolutions for Properties on W 38th Avenue A B ,., '/ Resolution Resolution Resolution 1344 - 1345 13/j6 8060 West 38th Avenue 3802 Allison Street 78~3-7837 and 7853-78b7 W 38th Ave Mr Middaugh explained that these propp.rties are associated with the construction of W 38th Avp.nue from Wadsworth to Cody Negotiations are still going on with the property owners, but to keep t'le construction on schedule, it is necessary to proceed with these Resolutions A Resol!.ltion Clerk tviotion seconded by tvir 1344 was introduced by !vir Shanley, title read by the by Mr Shanley for the approval of Resolution 1344, Davi'3, carried 8-0 CITY COUNCIL MINUTES Harch 22,1993 Page -3- B Resolution 1345 wa~ introduced by Nr Shanley, title read by the rlerk Motion by Mr Shanley for the approval of Resolution 1345, seconded by Mr. Davis, carried 8-0. C Resolution rlerk Motion ~econ:ie:i by Mr 1346 was introduced by Mr Shanley, title read by the by Mr Shanley for the approval of Resolution 1346, Davi~, carrie:i 8-0 Item 5. Municipal Smoking Policy Mr Middaugh explained that the E P A has recently concluded that secondary smoke from cigarettes represents a hazard to those exposed and has been the cause of deaths in a certain amount of documented instances Several employees have expressed concern because of this and the personnel commission has recommended revisions to the rity's smoking policy It is recommended to provide a space for smokers on the east side of the building for approximately $2,000, which would include a space heater Petitions from employees are inclujed in rouncil 's packet rurrently, employees can smoke in private offices and the lunch room Motion by Vance Edwards to accept the new smoking policy, but that no funds whatsoever be used for an outside facility, seconded by Mr FIasco Motion by Mr Flasco to amenj to incluje under Section B "Public Place" "including all City property, including vehicles", seconded by Mrs Brougham, failed 4-4 Councilmembers Selstad, FIasco, Vance Edwards, and Brougham voting yes Mayor Winger broke the tie by voting yes Motion carried 5-4 Motion by Mr FIasco to amend the Smoking Policy by eliminating Section D in its entirety, seconded by Mr Sel~tad, carried 5-3 with Councilmembers Shanley, Phil Edwards, and Davis voting No Original motion as amendei failed 4-4 with Brougham, Flasco, Vance Edwards voting yes by voting yes Motion carried 5-4 rouncilmembers Selstad, Mayor Winger broke the tie Item 6 Salary Review for Robert r Middaugh, rity Administrator Mrs Brougham requested an Executive Session under Section 5 7(b)(2) of the Charter Acting City Attorney, Lee Phillips, read from the Charter that no Executive Session shall be held to consider any Personnel Matter that concerns the rity Administrator unle~s the matter concerns another matter covered under another subsection Motion by Mr Shanley that Robert C Middaugh's salary be increased to $70,000 annually, effective April 1,1993, and the increase of $4,100 be taken out of ~cct No 01-102-795, City rouncil Contingency, and transferred to Acct No 106-602, seconded by Vance Edwards CITY COUNCIL MINUTES March 22, 1993 Page -4- Mr FIasco will vot~ against this motion because this salary increase brings Mr Middaugh's total salary package with all benefits to $86,990 00 Mrs Brougham will vote against this motion Mr Middaugh has only been here one year, this salary is outrageous Mr Davis will vote no becau~e this is coming out of Council Unallocated and should come out of anut~er source Mr Selstad asked if the Mayor could break the tie on this vote, if necessary Mr Phillips stated that under Section 3 2 of the rharter he cannot Motion carried 5-3 with rouncilmembers Davis, Flasco and Brougham voting no Item 7 Pager Rental for Calendar Year 1993 Motion by Phil Edwards that $3,103 82 be paid to Interlink Communications of Colorado for Pager Rental and that the costs be charged to Acct No 01-210-758, Rentals and Leases, seconded by Mr Shanley, carried 8-0 Item 8 1993 Fleet Replacements Motion by Mr Shanley that the expenditure of $312,645 56 be approved for the recommended 1993 equipment fund acquisitions and that all costs be charged to the Equipment Fund (Fund 57), seconded by Mr Selstad Motion by Mr FIasco to table this Item until it can be re-bid under the police car section, seconded by Mrs Brougham, failed 2-6 with Mrs Brougham and Mr Flasco voting yes Motion carried 6-2 with rouncilmembers Brougham and FIasco voting no Item 9 Mission Statem~nt and Management Principles Mr Middaugh explained how and why this document was created Motion by Vance Edwards to adopt the Mission Statement and Management Principles as recommended, seconded by Phil Edwards, carried 8-0 Item 10 GanglYouth Activities Policy Mr Middaugh gave background information and outlined specific recommendations and course of action for consideration by members of rity Council Motion by Vance Edwards that the GanglYouth Task Force Statement of Policy regarding youth activities and recommendation to form a youth board be adopted as suggested and to make it specifically clear that this is to be an ad hoc committee, seconded by Mr Davis, carried 7-1 with Mr Flasco voting no GITY CUUNGIL MINUTES t~arch 22,1993 Page -5- CITY ADMINISTRATOR'S MATTERS Mr Middaugh referred to the Jetter from Trl proviiei to Council as Information in this packet rity Newsletter will be going Olt in mid-April, he plans to provide copies of article~ to Council next week and they can be discussei at the April 5 Study Session ELECTED OFFICIALS' MATTERS Kent Davis asked that staff look into an Ordinance restricting the number of animals in apartment buildings Elise Brougham asked if hiring freez~ was on or off Mr Middaugh stated that there i~ no policy in place now, but each job opening is evaluated before b~ing filled Motion by Mr Shanley for adjournment, seconded by Mr Davis, carried 8-0 Meeting adjoupnej at ] 55 p m ~/. _,,-,--c... l vlanda Sang, City flerk~------- ~PPROVED BY CITY COUNCIL ON APRIL 12, 1993 BY A VOTE OF "<, TO~_ (-~\j"\ '-';- '.....,; 1___ t.-,,)~. j ..,~.) .........~..., Ron Selstad, Council President