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
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APPROVED_.BY CrTY COUN~rL ON JULY 11, 1994 BY A VOTE OF ______ TO~_
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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