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HomeMy WebLinkAbout06/27/1994 CrTY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 27, 1994 The City Council Meeting was calle1 to order by Mayor Wilde at 7 00 p m Councilmembers prAsent Rae Je3n Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and rlaudia Worth Also present ~ity rlerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder, Director of P'lblic Works, Bob Goebel, Director of Planning, Glen Gijley, Director of Parks, Gary wardle, Chief of POlice, Jack Hurst, staff, anrl interested citizens PROCLAMATIONS AND CEREMONIES Mayor Wilde presented Proclamation for Jack Prose to Jack Prose, who is retiring from the City He was the Chief Building rnspector He was also presented with a Resolution from the Wheat Ridge Fire Protection District CITIZENS' RIGHTS TO SPEAK Mayor Wilde read a statement prepared by a majority of ~ity Council addressing the citizens on W 38th Avenue between Cojy and Kipling and the entire community We have ~eard the message you have given us regar1ing the road widening You want the road constructed as soon as possible, preferably in 1994, you have a concern for your safety and safety for those in your community who use 38t~ Avenue, you have a high level of concern of the impact of 38th widening on your neighborhood and your individual properties, you are very frustrated that the project has been delayed immediately prior to the bid advertisement and the project has taken so long to complete You are concerned with the increased cost associ3ted with building 38th Avenue to a 44 ft width in the event that is the outcome of t~e vote We have heard and understanj your concerns We don't discount your concerns, they 1eserve to be addressej The City Council also heard from a great many people that prefer the road width at 44 ft They also have a high concern for safety, impact on the community, sufficient flexibility for future needs These concerns are equally as valid and legitimate as your concerns we are not deciding to select either 36 or 44 ft designs, but to let the citizens deci1e the issue once and for all The following speakers were sworn in by Mayor Wilde Jeanell Ondrusek, 4075 Holland Street, questioned why Wheat Ridge needed a collector street, why do we honor an invalid petition, is the Comprehensive Plan laid in concrete, never to be changed, why do we pay top dollars to engineers if we ignore their advice CITY COUNCIL MINUT~S June 27, 1994 Page -c- John Powers, 2615 Upham Street, read a letter from W~eat Riige United Neighborhoods, asking that 38th Avenue be constructed at 36 ft Ken Lewis, 3840 Wright Street, asked that Council and staff read the City Charter in its entirety, has problems getting his questions answered in a timelv manner, maybe this whole City should be investigated by the Jefferson County Grand Jury, what are the time limits we must wait to get answers on the ESTrp program, what are the time limits on the open record law Karen Thiessen, 9560 W 38t~ Avenue, thanked everybody who participated in the 38th Avenue walk and for the return ~f the easpments and rights-of-entry, wondered if Mr Solano woulj feel differently if he lived on their street, publicly expressed her admiration and respect for Councilmembers Edwards, Fields, and Worth Ron Selstad, 2890 Lamar Street, spoke regarding a case heard by t~e Board of Adjustment, he was the broker for the property in question, the application was for a variance on a duplex, he complained that papers he had made available to staff were not made part of the record and were not given to BOA, BOA approved the request, the property owner had been told by Mr Giiley to present the case himself and not to ~ave Mr Selstad present the case, Mr Middaugh had been suggesting the same thing He feels this was inappropriate interference, misleading information had been given to BOA, legal action is being considered Tom Taylo~, 9801 W 38th Avenue, refused to swear to tell the truth in spite of Mayor Wilde's repeated requests ~ayor Wilde called for Chief Hurst, Mr Edwards moved to appeal the Mayor's directive, seconded by Mrs Worth Mr Taylor stated then he would tell the truth Mr Edwards insisted that a vote be taken anyway Motion failed 4-3 wit~ Councilmembers Edwards, Fields and Worth voting yes, Mr Solano abstaining Mr Taylor stated it is his intention to tell the truth tonight, he pointed out that the Wheat Ridge Public Works Department convinced him that 36 ft were preferable to 44 ft and that is why he signed his easements Speaking for Neighbors For A Safer Community, he thanked t~ose Councilmembers who walked along 38th Avenue and spoke to the neighbors He then spoke in favor of the 36 ft design Ron Patera, 4125 Pierce Street, applied various editiorials and court decisions he had read about to the width of W 38th Avenue Teri Dalbec, 3810 Garrison Street, spoke about phantom petitions and phantom signers, let's get on with 36 ft on 38th Ave Monica Gregorson, 4389 Garland Street, presented petitions asking that the 1994 Colorado Division of Wildlife Roundup of Canadian Geese anj other waterfowl at Prospect Park be stopped, cancelled, recalled, and halted We appreciate the waterfowl and do not want them moved or destroyed She asked that Council stop the roundup CITY COUNcrL MrNUT~S June 27, 1994 Pagp -3- Mr Edwards made a point of order He stated that Mayor Wilde's comments at the beginning of Public Comment were not appropriate The chair was only allowpd to reslJond to public comment, but no comment had been made at that time This was not according to the Council Rules The statements read by the Mayor may ~ave been his comments and approved by a majority of City Council, but he certainly was not aware of them and he didn't think Mrs Worth and Mrs Fields were consulted either PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Approval for an amendment to a Final Development Plan for the Applewood Shopping Center Planned Commercial Development (Case No WZ-94-4) (General Management Company) (Continued from June 13, 1994) Mr Middaugh stated t~is was a continuation from June 13 and additional information that had been requested was provided tonight Ken Lewis, 3840 Wright Street, was sworn in by the Mayor, he stated Council had no jurisdiction to hear t~e case at this time, the sign posting was not adequate, signs were down at certain times, questioned if neighbors had been notified by registered letter, (Mr Gidley stated that certified letters, return receipt requested, had been mailed to npighbors) last week nobody from the staff was sworn in before they gave testimony, including the Mayor, last week's meeting was invalid Ralph Santangelo, 3801 Wright Court, was sworn in by the Mayor, thanked Council for their approval of the Capital rmprovernents on 38th Avenue last week, hopes when the addition to the Center is complete, all the infrastructure will also be complete Tony FIasco, 4440 Reed Street, was sworn in by the Mayor, reminded Council of procedures on how to amend a Development Plan and read from the Code of Laws Tony Ficco, 12425 W 38th Avenue, was sworn in by the Mayor, felt it was difficult to give citizen input since not enough information was provided by the City Many questions are left unanswered Motion by Mr Edwards that this process bp tabled until this can go back to the public hearing process through Planning Commission and establish an ordinance and go through first and second reading of City Council, seconded by Mrs Worth, carried 6-2 with Mr Solano and Mr Hall voting no Motion by Mr Solano to hold an Executivp Session under Section 5 7(8)(1) of the Charter, secondpd by Mr Eafanti, carried 8-0 EXECUTIVE SESSION WAS HELD. CITY COUN~rL MINUT~S June 27, 1994 Page _L~_ Motion by Mr Siler to bring the Motion to table rtem 1 off the Table, seconded by Mrs Behm, carried 6-2 with Mrs Worth and Mr Edwards voting no rtem 1 was introduced by Mrs Behm, title read by the Clerk Mr Hall asked that Mr Middaugh go through the information that he had prepared for Council to answer some of the citizens' questions Mr Middaugh and Mr Gidley presented the information Motion by Mrs Behm that C~se No WZ-94-4, a request by General Management Company for approval of an amendment to a Final Development Plan for the Applewood Shopping Center Planned Commercial Development be approved, based upon the following findings and conditions as stated Findings 1 There is jurisdiction for t~e City to consider this request, 2 All agencies indicate that t~ey can serve the proposal, and 3 All requirements of the Zoning ordinance have been met, or will be met based upon the conditions recommended Conditions 1 That the developer be required and staff be directed and authorized to enter into a development agreement which at a minimum shall specify a That the developer is obligated to construct storm drainage improvements consistent with a conceptual plan submitted to the City rouncil on June 27, 1994, and as finally approved by the City's Engineering Division b That drainage improvements be constructed as part of the City's contract for drainage on W 38th Avenue and that appropriate costs be borne by the developer for the on-site dr~inage improvements c That adequate soil and erosion control measures are provided for construction activities associate with the Applewood Shopping Center expansion d That a temporary Certificate of Occupancy be granted allowing Walmart to occupy and use t~e Walmart building upon completion of expansion e That a final Certificate of Occupancy not be granted until the developer has completed their part of the drainage project for 38th Avenue and Young field and has tied in with the drainage plan previously approved by City Council 2 That the staff and the owner continue to work on solving traffic circulation problems for the shopping center to W 32nd Avenue 3 The exterior incorporate gables as presented in the Council Meeting on June 27, 1994, seconded by Mr Siler Mr Solano asked for an amendment to Section e completion date attached to the Certificate of the words "to be completed by June 27, 1995" friendly amendment Motion carried 5-3 with Councilmembers Worth, Edwards, and Fields voting no Mr Edwards does not feel the proper procedure has been followed that we have specific Occupancy That we add This was accepted as a Item 2 Council Bill 59 - amending the City-adopted Model Traffic Code of the City of Wheat Ridge, Colorado, to modify the basic rule regarding speed limits wit~in the rity Council Bill 59 was introduced on second reading by Mr Edwards, title read by t~e vlerk, Ordinance No 965 assigned CITY COUNCIL MINUTES June 27, 1994 Page -5- Motion by Mr Edwards for the adoption of Council Bill 59 (Ordinance No 965), seconded by Mrs Fields Tony FIasco, 4440 Reed the Model Traffic Code by lowering the speed Street, voiced concern about lowering speed below He thinks City is just trying to raise revenue to 25 mph Motion carried 8-0 ORDINANCES ON FIRST READING Item 3 Council Bill 61 - An Ordinance repealing Section 21A-8 (B), and Section 21A-22, and repealing and reenacting Spction 21A-14 of the Code of Laws of the City of Wheat Ridge, Colorado to establish Customer Service Requirements for the operation of Cable Systems within the City pursuant to Section 522 of Title 47 of the United States Code Council Bill b1 was introduced bv Mr Edwards on first reading, title read by the Clerk Motion by Mr Edwards that Council Bill bl be approved on first reading, ordered published, public hearing be set for Monday, July 26, 1994 at 7 00 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Solano, carried 8-0 DECISIONS, RESOLUTrONS, AND MOTIONS Item 4 Appeal from Ballistic Vidpo Arcade (Continued from June 13, 1994) The Appeal from Ballistic was withdrawn this afternoon They will close the Arcade Motion by Mr Hall not to take action on this appeal, seconded by Mr Solano, carried 8-0 Item 5. Vacation of various easements on W 38th Avenue Motion by Mr Edwards for the approval of Resolution 1408 - Linnpa C Thompson, seconded by Mrs Behm, carried 8-0 Motion by Mr Edwards for the approval of Resolution 1409 - T~omas W Taylor, seconded by Mrs Fields, carried 8-0 Motion by Mr Edwards for the approval of Resolution 1410 - Frank Wand June K Weibe, seconded by Mr Solano, carried 8-0 Motion by Mr Edwards for the approval of Resolution 1411 - Thomas w Taylor, seconded by Mrs Fields, carried 8-0 Motion by Mr Edwards for the approval of Resolution 1412 - Belaire rmprovement Association, seconded by Mr Solano, carried 8-0 CITY ~OUNCIL MINUTES J un p 27, 1994 Page -6- Item~ Bid Award for Landscape Design, Wheat Ridge Park Motion by Mr Siler that Coover-Clark & Associ3tes be awarded the contract to complete the design for the Wheat Ridge Park Landscape Improvements, in the amount of thpir fee of $7, 52U 00, and that all costs be charged to account #32-601-800-857 and that t~e funds be encumbered for the lengt~ of the project which expressly allows the expenditure of funds in 1995 for this proje8t in accordance with Ordinance No 787, 1989 series, seconded Mr Eafanti, carried 8-0 Item 7 Acceptance of Right-of-Way Deeds for rndependpnce Street Project Item Seven was introduced by Mr Hall, Clerk read the title Mr Ball stated that all of the easements concern the school sidewalk projpct at Pennington School Motion by Mr Ball that the City of Wheat Ridge accept a Quit Claim Deed for right-of-way purposps as presented and that $1,500 00 be transferred from ~apital rmprovewent Fund, Account No 30-607-795, Unallocated Reserve to Capital rmprovement Fund Account No 80-303-841, School Sidewalks Program, and that t~e sum of $1,500 00 be paid for the parcel segment and that this sum be taken from Capital rmprovement Fund Account No 30-30-841 Property owned by Earl J Belding and Esther Belding located at 4590 Independence St , Wheat Ridge, Colorado, seconded Mr Eafanti, carried 8-0 Motion by Mr Hall that the City of Wheat Ridge accept the Quit Claim Deed for right-of-way purposes as presented, property owned by Technicraft Autobody rnc ' located at 9695 West 44th Avpnue, Wheat Ridge, Colorado, that $3,312 00 be transferred from Capital rmprovement Fund Account No 30-607-795, Unallocated Reserve to Capital rmprovement Fund Account No 80-303-841, School Sidewalks Program, and that the sum of $3,312 00 be paid for the parcel segment and that this sum be taken from Capital rmprovement Fund Account No 30-30-841, seconded Mr Eafanti, carried 8-0 Motion by Mr Edwards that the City of Wheat Ridge accept the Quit ~laim Deed for right-of-way purposes as presented, property owned by William Yost and Sandra Reno-Yost, located at 4440 rndependence Street, that $1,215 00 be transferred from Capital rmprovement Fund Account No 30-607-795, Unallocated Reserve to Capital Improvement Fund Account No 80-303-841, School Sidewalks Program, and that the sum of $1,215 00 be paid for the parcel segment and that this sum be taken from ~apital Improvement Fund Account No 30-30-841, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES ,JUNE 27, 1994 Page -7- Motion by Mr Edwards that the City of Wheat Ridge accept the Quit Claim Deed for rig~t-of-way purposes as presented, property owned by Sally Jo Button, located at 4585 rndependence Street, Wheat Ridge, Colorado, that $1,350 00 be transferrej from Capital rmprovement Fund Account No 30-607-795, Unallocated Reserve to Capital rmprovement Fund Account No 80-303-841, School 3idew~lks Program, and that the sum of $1,350 00 bp paid for the parcel segment and that this sum be taken from rapital rmprovement Fund Account No 30-30-841, seconded by Mr Solano, carried 8-0 Motion by Mr Edwards that t~e City of Wheat Ridge accept the Quit Claim Deed for rig~t-of-way purposes as presented, proper tv owned by Emil F Oswald, Jr , located at 4615 rndependence Street, Wheat Ridge, Colorado, that $1,500 00 be transferred from Capital rmprovement Fund Account No 30-607-795, Unallocated Reserve to Capital rmprov~ment Fund Account No 80-303-841, School Sidewalks Program, and that the sum of $1,500 00 be paid for the parcel segment and that this sum be taken from Capital rmprovement Fund Account No 30-30-841, seconded by Mr Solano, carried 8-0 Motion by Mr Edwards that the City of Wheat Rijge accept the Quit Claim Deed for rig~t-of-way purposes as presented, property owned by Paul E Buchannan and Billy Jean Buchannan located at 4575 rndependence Street, Wheat Ridge, Colorado, that $1,125 00 be transferrej from C~pital rmprovement Fund Account No 30-607-795, Unallocated Reserve to Capital rmprovements Fund Account No 80-303-841, School Sidewalks Programs, and that the sum of $1,125 00 be paij from the parcel segment and that the sum be taken from Capital rmlJrovement Fund Account No 30-30-841, seconded by Mr Solano, carried 8-0 Motion by Mr Edwards that the Quit ~laim Deeds for right-of-way owned by Alice L Burry and Alice L Burry and Wallace L Burry be continued to the next City Council keeting, seconded by Mr Solano, carried 8-0 Motion by Ml' Edwards that the City of Wheat Ridge accept the Quit Claim Deed for right-of-way purposes as presented, property owned by Cynthia L Shoemaker located at 4460 rndependence Street, Wheat Ridge, Colorado, that the sum of $1,215 00 be paid for the parcel segment and that this sum be taken from Capital Improvement Fund Account No 30-30-841, seconded by Mr Solano, carried 8-0 Mr Edwards stated that the next item is for Quit Claim Deeds from Jefferson County School District No R-l and for Wheat Ridge Middle School Motion by Mr Edwards that the City of Wheat Ridge accept the Quit Claim Deeds from Jefferson County School District for rig~t-of-way purposes as presented, seconded by Mrs Fields, carried 8-0 CITY COUNCIL MrNUTES JUNE 27, 1994 Page -8- Item 8 CONSENT AGENDA A Bid Award for Tennis & Basketball Resurfacing Project B Resolution 1414 - vacating permanent easement to Jefferson County Schools C Purchase of Portable Radios for the Police Department D Payment of Family Adolescent Crisis Team usage Fee for 1993 E Payment to Wheat Ridge Carnation festival for 1994 F Resolution 1415 - authorizing use of t~e Public Right-of-Way by the Wheat Ridge Carnation Festival, Inc to post signs exempt from regulation advertising the Wheat Rijge Carnation Festival Mr Worth asked that Item D be pulled to be considered separately Motion by Mr Siler for approval of rtems A, B, C, E, & F of the Consent Agenda and rtem D be pulled for consideration separately, seconded by Mr Edwards, carried 8-0 Mrs Worth stated regarding the two-way radios, that she talked to Cellular One about their new Cellular telephones that can be hooked into the lap computers and you don't have to read the awful written report Cellular One will be contacting Jack Hurst to discuss it Motion by Mr Siler that the Family Adolescent Crisis Team usage fee for 1993 be paid to the Jefferson County Department of Human Services in the amount budgeted of $3,400 and that all costs will be charged to account number 01-202-704, seconded by Mr Edwards, carried 8-0 CITY ADMrNISTRATOR'S MATTERS Mr Middaugh stated that Councilmembers have received a copy of the City's Annual Audit He asked if Council would like to meet with the external auditor, Grant Thornton, about the audit so they can answer any questions Councilmembers may ~ave Mr Edwards requested that it be a Study Session agenda item CITY ATTORNEY'S MATTERS Kathryn Schroeder statej that you will recall that we have been discussing quite at length the responsibilities of this Council as part of the title to be set as to the many ballot issues that are brought before this board by the citizens through Initiative and Referendum and also we ~ave been discussing whether or not if this particular Council comes up with a ballot issues whether they have to submit it to themselves essentially as the Title Board CITY COUNCIL MINUTES June 27, 1994 Page -9- We ~ave requested an opinion from the Attorney General's Office clarifying this ~nd are tolj by CML that all cities are looking for the same answers We have not yet heard anything from the Attorney General's office and our time to speak to it and figure it out is running, really, really short As a result of that r ~ave prepared and will be filing a Declaratory Judgment Action in the District Court with the Wheat Ridge City Council as Plaintiffs and as the wheat Ridge Title Board as Defendants rt is my intent to ask for the Court to basically make three quick rulings Motion by Mr Solano that Kathryn Schroeder, City Attorney, file in the District Court, County of Jefferson, a Complaint for Declaratory Judgment pursuant to Sections 13-51-101, Et Seq C R Sand C R 57, seconded by Mr Siler, carried b-2 with Mr Edwards anj hrs Fields voting No ELECTED OFFICIALS' MATTERS Mrs Worth re4uested that the bedding plants at Historic Park be watered Also she stated that she is not in favor Jf the Geese roundup that is to occur at Prospect Park The roundup was never brought to the Animal Control Commission for discussion Mr Wardle explained that the roundup and relocating the geese is only a management tool to maintain the local population of Canadian Geese Motion by Mr Solano that an audit be done of all the ESTIP programs t~at are in place now, the three programs, before the City allocates ~ny more money under the ESTIP program, seconded by Mr Edwards, carried 8-0 Mr Hall questioned how the audit is going on the Applewood Shopping Center ESTIP program Mr Middaugh statej that Jim Malone is performing the work, ~nd is going through a variety of documents and receipts that have been presented anj is working to have it completed very soon Mr Siler reminded ~ouncil to submit their comments concerning RTD He will meet July 6th, with a final meeting July 20th and a final vote, with the Denver Regional Council of Governments Motion by Mrs Fields that any statements, documents, information of any kind, -including discussions, that are given to any member of this Council be given to all eight ~ouncilmembers, seconded by Mrs Worth, failed 3-5 with Councilmembers Worth, Edwards, and Fields voting yes Motion by Mrs Behm to adjourn, seconded by Mr Eafanti, carried 5-0 Meeting adjourned at 12 10 am, June 28, 1994 ( W~:~~~~:;Ci t:{ ~,{;;~\._---- " \ APPROVED_.BY CrTY COUN~rL ON JULY 11, 1994 BY A VOTE OF ______ TO~_ \ , +-., ..~ \ \" '(.'. ---""- "'.......... D ennlsll a 1 1-,-'(;0 u n cTf-p res ide nt;""- " I - I t' 'I ,\, f (( I ~ c. I J I)v\ "C' ! v Transcript of Tom Taylor's appearance before ~ity Council June 27, 1994 Mavor - Tom Tavlor please---- Mr Tavlor-- hv nama is Tom Taylor ~avor--- Your adjress please, Mr Taylor-- Mr Taylor--I live at 9bOl ~est 3bt~ Ava Mayor--Do vou affirm to tell the truth, t~e whole truth and nothing but the truth? Mr Tavlor--hr recognize there that question ~ilde, T~ank you for asking me that honored question is a long standing behind asking the public to answer r Mavor-- Mr Taylor, all r neej is a yas or no and then you can go on wit~ vour presentation Mr Taylor--I'm giving you an answar Mavor--yes or no Mr Tavlor-- Non the less, r've founj that tradition anj t~e trut~ are ,often mistaken-- havor--Mr Hurst pleasa JtjI - Taylor continuej talking, but the narration was not audible because of the Mavor and Mr Edwards talking at the same tima ) hr Edwards-- I will appeal that decision--If you're going to Mayor--You don't ~ave to go into it-- Mr Edwarjs--I want to appeal the decision Mavor--You don't have to go into a lengt~v dissertation Mr Edwards-- r'm going to appeal hr ~ilje's decision to throw a citizen out of their own ~ity ~ouncil chambers Mayor--He hasn't been thrown out-- Mr Edwarjs-- Not yet with vour five rubber stamps Mavor-- Vote please-- Mrs Fieljs-- W~ats t~a vote-- IJ! I -/ Mr Edwards--yes to appeal it, no to agrep with it Mrs Sang-- Is there a second? Mrs Worth-- Well r'll second that Mrs Schroeder-- ~r kayar, r don't understand whats being appealed, what did you do that's being appealed Mayor--I asked Mr Hurst to interject with Mr Taylor-- Mr Edwards-- and r'm appealing that decision-- Mayor-- He ended about that time, and did not give me a yes or no Ms Schroeder-- 0 K Mayor-- Mr Solano-- Mr Solano-- Mr Taylor, can r ask you just to answer yes or no--with out making this big problem here related to this Mr Taylor-- Mr Solano thats the question r asked Mr Wilde last week and he ref'lsej anv answer, r ~ave an answer and r believe its quite a respectable answer Mr Solano-- r don't believe its unreasonable for Mr Wilde to ask vou to answer ves or no, related to t~is question Ms Worth--Well, Mr Mayor this is all for naught anywav, people are allowed to speak under citizens right to speak uh, I don't think under the constitution they have to tell the truth if they don't want to T~ey have come 'lp under our agenLia on citizens right to speak, they should not even be sworn in at this point, the only point that they s~ould be sworn in on is on legislative matters, we're talking no action, or on 4uasi-judicial matters rt is completely out of order to ask any citizen to swear to tell the tr'lth just address us r' ve let it go for a long time, Mayor-- you sure ~ave Mrs Worth-- This has not always been the case where we ask the citizens to be sworn in Mrs Behm-- May r ask Ms Schroeder a question please? Kathryn, would you render vour legal opinion? rs it not right t~at we ask each and everv person who walks up here to be sworn in? Ms Schroeder-- r'm going to look at the rules, there's nothing to prohibit it, if thats what the question is T~ere's certainly nothing illegal abollt swearing people in r believe therps somet~ing in your rules that says anvone who is proviiing any kind of testimony to t~e r:Y city council will be sworn in rt will take me a minute to find it Ms Behm-- Mr Taylor, is there a reason that you cannot answer yes or no and then go into whatever you have to say? Mr Tavlor-- yes r will tell the truth Mayor-- Thank you Mr Taylor-- Which r would have got to Mayor-- Mr Edwards do you want to go through with t~e vote? Mr Edwards-- vote, because c~ambers hell actually r think r would rather go through with the vour decision was to throw somebody out of council Ms Behm-- Mr ji,j was say Mr anvbody out? Mavor, r don't believe that you made a r mean all you Hurst Dij you actually state that yOU wanted to t~row Mayor-- No Ms Behm-- Then r'm sorry, rf we have to put this to a vote, and not~ing against you Mr Taylor, r do ~ave to vote with the chair Mayor--Mr Hall-- Mr Hall-- Kathrvn, rt seems to me that the question of the appeal of the Mayor's ruling is now moot, given the fact that the the person at t~e podium has now said yes so r don't believe there is any reason to appeal, r t~ink we should let t~is man get on with his statement and r t~ink that the vote shouldn't be taken tvis Schroeder--r agree that the subject is moot, it's up to you if VOIl want to have a vote or not, r agree the issue is no longer relevant Mr Hurst jid not throw this gentleman out, there was no action taken that really needs to be appealed, there was a comment that that was all that happened, r'm not sure that thats an action that needs to be appealej But it's up to YOIl Mavor-- Poll the Council please-- Ms Sang--Motion fails 4-3, with Mr Solano abstaining, Mrs Wort~. Mr Edwards and Mrs Fields voting yes Mayor-- Proceed Mr Tavlor please