HomeMy WebLinkAbout1993-04-05 (Regular) Meeting MinutesI
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£rsCLEWOOD CITY COUNCIL
ENGLEWOO[,, ARAPAHOE COUNTY, COLORADO
Re;.'lllar Saaloa
April 5, 1993
Call lo Onlu
The regular m=ing of the Englewood City Coluicil was called lo order by Mayor Wiggins at 7:33 p.m.
2. In,-ocadoe
The invocation was gh-cn by Council Member Bullock.
3. Piede, o( Allepanct
Tbc Pledge of AllcgiaDcc was led by Ma),,r Wiggins.
4. RollCall
Present:
Absent
A quorum was present
Council Members H•lhaway, Saunders . Gulley, ,Bullock. Habeni ch t,
Waggoner. Wiggins ·
Nooe
Also present: Ci ty Manager Fraser
S. Minutes
City -.UOmcy DtWitt
AlliJllllt City Manager Reid
,\suaul City Manager Wcdding-Scoll
Oq,aty City Clerk Ellis
Dircd« Ellcrty l'llblic Works
Director Hayes Financial Strviccs
Extcutivc Director Merkel Englewood Urban Renewal Authority
Director Fonda Utilities
(a) COUNCIL ME MB GULLEY MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR MEETIJIIG OF MARCH 15, 1993.
Motion carried.
Ayes : Council Member Bullock, Saunders. Hathaway, Habcnichl
Waggooer, Gulley, Wiggins
Nays : Non,
6. P~Y-isiton
(a) Dtonis Price. Operator at the Littleton/Englewood Wast""~ler Treatment Planl was
honored as the City of Englewood's Emp!O)·cc of the Month for April.
7. Non-1<b<duled Y-isilon
Enckwood City c .... u
April S, 1993
Paael
TI1crc l\'Cf'C no non•schcdulcd vi5iton.
8. Communlcatlolla, Proclaaatloll1 -Appol■-11
(a)
consi dered.
A proclamation declaring the wock of April 12-16, 1993 as Building Safety Weck was
COUNCil, MEMBER GULLEY MOVED, AND IT WAS SECONDF.D, TO PROCLAIM THE
WEEK OF APRIL 12·16, 1993 AS BUILDING SAFETY WEEK
Motion carried.
Ayes : Council Member Bullock, Saundcn, Hathaway, Habcnichl
Waggoner. Gulley, Wiggins
Nays : None
(b) A proclamation declaring April 20, 1993 as National Youth Scni ct Day 1993 was
considered.
COUNCil, MEMBER BULLOCK MOV,~D. AND IT WAS SECONDED, TO PROCLAIM APRIL
20, 1993 AS NATIONAL YOUTH SERVl•CE DAY 1993.
Motion carried.
(c)
c..o nsidcrcd.
Ayes : Counc,J Member Bullock, S.1unders, Hathaway. llabcnichl
Waggoner. Gulley, Wiggins
Nays : None
A proclamation declaring April 28 , 1993 as Amor Day in the City of Englewood was
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO PROCLAIM
APRIL 28, 1993 AS ARBOR DAY lN THE CITY OF ENGLZWOOD .
Ayes: Council Member Bullock, Saundcn. Hathaway. Habenicht .
Waggoner, Gulley, Wiggins
Nays : None
Motion carried.
9. l'llblic Bearing
(a) COUNCU. MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC HEAJUNG TO GA1.UER CITIZEN INPUT ON PROPOSED PAVlNG
DISTRICT NO. 36.
Ayes : Council Member Bullock, Saunders. Hathawa y, Habe nicht.
Waggoner, Gulley, Wiggins
Nays : None
Motion carried and the public hearing Ol)Cncd.
Mayor Wiggins SlJlted that the pul'J'-OSC of the public bearing is to consider the proposed Paving District
No. 36 .
Director Esterly advised that Council originally included the proposed section of South Platte River Drive
East in Pavin g District No. 34 , 1991. At thal time, the Resolution Trust Corporation owned the propcny
and they were exempt from any public improvement fees . Subscqucn~y. the propcny wa.s excluded from
the District . The propcny has changed hands and the current cn.11er of the propcny has requested that the
Easiew-,1 Clty Ceucll
AprtlS, 1''3
Pagel
roadway adjacelll to the properly be Included in a .. ving impn,Yemcnt dillrlct. Mr. Ellaly DOied that on
March I, 1993 Council approved a raolution al inlClll to form Special ~ Diltrief. ;.;.,_ 36. He
provid<d proof al notice of public hearing which wu published in the l!oglewood Herald on March 4,
March 11 , and March 18, 1993 . swrhu estimated that SU,100 will be oecdcd for the improvements .
$40 ,000 ,,..mains IYllilable from pn:vi0111 appropriations in the PIP. An additional appre:,,;.tion or
$48 ,000 will be required rron, the PIF balance to fully fund the project. The......-total for the
d,,velope,'s portion of the impr,--cmcnu II estimated to be !16, 100. Mr. Esterly pointtd out that then: is
only one :,roperty owner invc!,,:d in this project.
There were oo citm:os pn:sent who wished to addn:a City Council concerning the~ Paving
District No. 36 .
Then: bcirig no one ,l sc pn:scnt to speak to the issue, Mayor Wiggin, aslccd for a motion to close the
public bc11rin g.
COUNCIL ~[EMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE
PUBLIC BEARING.
Ai-cs: Council Member Bullock, Saunders, Hathawa y, Habeni cht ,
W111:oncr, Gulley, Wiggin<
Na)~: None
Motion carried and the public bearing closed.
(b) Director Esterly 11n:scnted a r=mmcndation from the Dcpartmonl of Public Works to
adopt a bill for an ordinance creating Special lmpm-cment District No. 36 .
The Deputy Cil)' Clerlt wu asked to n:ad Council Bill No. 15, entitled :
COUNCil. Bll.L NO . 15, INl1lOOUCEO BY COUNC!L MEMBER BULLOCK
A Bll.L FOR AN ORDINANCE CREATING SPECIAL IMPROVEMEITT DISTRICT NO. 36, IN nm
CITY OF ENGLEWOOD , COLORADO; ORDERING nm CONSTRUCTION AND INSTALLATION
OF STllEET PA YING, CURB . GlTITER, SIDEW ALIC. AND STORM DRAINAGE IMPROVl!MENTS,
TOGETHER wrrn NECESSARY INCIDENTALS. AND SIIT,llNG FOR.TII 01llER DETAILS IN
CONNECTION wrrn nm DISTRICT.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM NO. 9 (b) -COUNCil. BD .L NO . 15.
Motion carried .
Ayes : Council Member Bullock, Saunders. Hathawa y, Habcni ch~
Waggoner. Gulley, Wiggins
Nays : None
10. Appro.-al oa S«ond R,ading
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED , TO APPROVE ON
SECOND READING AGENDA ITEMS 10 (a) THROUGH (c) AS FOLLOWS:
(a) ORDINANCE NO. 14, SERIES OF 1993 (COUNCIL Bll.L NO . 10, INTRODUCED
BY COUNCIL MEMBER BULLOCK), ENTITLED :
AN ORDINANCE APPROVING AN rNTERGOVERNMENTAL AGREEMENT BETWEEN nm CITY
OF ENGLEWOOD . COLORADO AND BOARD OF COUNTY COMMISSIONERS COUNTY OF
11:a~ City CCNl■cU
Apri15, 1'93
Paae4
ARJ.PAHOI! IMPU!MBNTING 1lil! ARAPAHOE COUNTY SHBRJFFS DEPAR'IMl!NT PROVISION
OF lvWOll CRIMI! SCBNE AND CRIMI! LABORATORY SBRVICBS TO 11fl! ENGLE!WOOD
DBl'AR'JMENT OF SAFl!TY SBRVICBS .
(b) ORDJNANCB NO. IS, SBRll!S OF 1993 (COUNCIL llllJ. NO. 11 , IN"iRODUCl!D
BY COUNCIL MBMBER BULLOCK), ENTITLBD :
AN ORDINANCE APPROVING AN AMENDMENT TO 11fl! AOREEMl!NT FOR DBVELOPMENl',
MAINTENANCE AND CONVEYANCE OP REAL PROPERTY KNOWN AS CENTENNIAL PARK
BETWEEN ARAPAHOE COUNTY AND 11fl! CITY OF ENGLEWOOD, COLORADO.
(cl ORDINANCE NO. 16, SERIES OF 1993 (COUNCIL BllJ.. NO. 12, INTRODUCED
BY COUJ-1-':IL MEMBER GIJLLEY), ENTITLBD :
AN ORD !l-lANCE APPROVING 1liE SALE OF FOUR PROPERTIBS WHICH WERE DEVELOPED
FOR l'iE "BUILD" PROJECT TO BE SOlD ON TIIE OPEN MARKET.
Motion carried.
Ayes : Council Mcmbcn Bullock. Saundm. Hathaway. Habcnich~
Waggoner, Gulley, Wiggins
Nays : None
11. Onlinuces, llanhdionl aad Modou
(a) Diroctor Hayes prescntal a r<commcndation from the Dcpanment orFinancial Services
to apprm'C by motion amcodmoDl5 to tlllo City's hM:olmeal Policy. She adviled thal most of the pn,post:d
changes could be classified as "bouadtceping" mcaswes. The amendments remove aU references to the
FSLIC which is no longer in exislcncc. Ms. Hayes DOied tllat the pn,p<a c:hangcs will allow for
minimal fluctuations in the inlcrcst rates and c:apitali2ation requiml for various collatcral amngcmcnts.
changes in reporting arrangement<, and bcllcr dcfUICS the safekeeping banks of our securities.
COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO ACCl:PT TIDt
RECOMMENDATION FROM FINANCIAL SERVICES APPROVING AMENDMENTS TO THE
CITY'S INVESTMENT POLICY.
Motion carried .
Ayes : Council Members Bullock, Saunders, Hathaway, Habcnicb~
Waggoner, Gulley, Wiggins
Nays: None
(b) Dirtetor Hayes presented a r<commcndatioo from the Department orFinancial Scr\iccs
to adopt a r=lution amending the 1993 Annual Budget to finance Paving District No. 36 . She concurml
"ith Diroctor Esterly's previous presentation regarding the financial impact of the formati on of this
District.
n,c r=lution was assigned a number and read by tiUc :
RESOLUTI ON NO. 36, SERIES OF 1993
A RESOLUTION APPROPRIATING FUNDS FROM TIIE CITY OF ENGLEWOOD PUBLIC
IMPROVEMENT FUND , FOR PA YMENl' OF TIIE INSTALLATION AND CONSTRUCTION OF
IMPROVEMENTS WlTI!IN SPECIAL IMPROVEMENT DISTRICT NO . 36 .
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1:a.......,.01Jc-c11
April~)',9]
Pqe5
COUNCIL MEMBER GULU:Y MOVED, AND IT WAS SJ:CONDED, TO APPllOVE AGENDA
ITEM I I (b) -RESOLUTION NO. J6.
Motion carried.
Ayes : Councll Mcmbcn llullock. Saunders , Hathaway, Hab:-.nichl ,
Wagoner, Oallcy, Wiggins
Nays: None
(c) COUNCIL MEMBER BULLOCIC MOVED, AND IT WAS SECONDED, TO
TABLE AGENDA ITEM II (t)-COUNCll, BILL NO. 17.
Motion carried.
Aya: Council Members Bullock. Saunders, Halhaway, Habcnich~
Waggoner, Gull<)·, Wiggins
Nays : None
· (d) Dirtclor Merkel presented a ,....,,..,__,alioo from lhc Englewood Urban Renewal
Aulhority to adnpl a bill for an ordinance approving a lease for lhc parking lot in lhc 3400 block of Soulh
Acoma. He noted !his is a lease for propcny owned by the Engl°"1lod Urban Renewal Authority and !here
arc no r<dc\-clnpmcnl proposals. The proposal is to n:ncw lhc lease for one year .
The Dcpcty City Clerk was asked lo read Cowx:i1 Bill 110. 16, cntiUed :
COUNCIL BILL NO. 16, INffiODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING A LEASE FOR REAL PROPERTY IN THE 3400
BLOCK OF SO!Jlll ACOMA (PARKING LOT) IIE1WEEN THE ENOLEWCXlD URBAN RENEW AL
AlJll!ORITY AND THE CITY OF ENGLEWOOD, COLORADO .
COUNCll. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM NO. 11 (d)-COUNCIL BILL NO. 16.
Motion carried.
Aya: Council Mcmbcn Bullock. Saunders, Halhaway, Habcnich~
Waggoocr, Gdlcy, Wiggins
Nays : None
(e) nirtc1or Fonda presented• n:cornnroclatioo from the Utilities Department 10 adopt a
bill for an ordinance approving Engl°"1lod's propo,<el Stormwatcr Enterprise Fund and 10 sci a public
hearing prior to second reading. He advised that the fees will be addressed specifically in a separate
ordinance . Discussion ensued.
Th Deputy City Clerk was asked to read Council Bill No. 13, cntiUed :
COUNCIL BILL NO. 13 , INffiODUCED BY COUNCIL MEMBER BULLOCK
A Bill FOR AN ORDINANCE CREATING A STORM WATER ENTERPRISE FUND FOR THE CITY
OF ENGLEWOOD, COLORADO. THE PURPOSE OF nns ORDINANCE JS TO PROTECT THE
PUBLIC HEAL TI!, SAFETY AND WELFARE AND TO COMP!. Y wrrn ALL APPLICABLE
FEDERAL AND STATE LAWS WlilCH REGUU.TE THE DISO!ARGE OF STORM WATER INTO
THE WATERS Of THE UNITED STATES OR WATERS OFTIIE STATE OF COLORADO BY
REQUIRING THAT PROPERTY OWNERS IN THE CITY PAY FOR A SHARE OF TIIE COST OF
TIIE FACILITIES AND PROGRAMS NECESSARY TO MANAGE STORM WATER RUN-OFF, BY
CREATING IN Tm..E 12, A NEW CHAPTER S -STORM WATER FEES .
Ea ......... Ol)'C-U
April 5, l"l
P1r,,,6
COUNCIL MDOI.R BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (•) -COUNCIL BILL NO. IJ.
City Attorney DeWit~ in rtSpODSC to Council Mnnbcr Habalich~ lblled that the proix-i council bill
docs 1101 conflict with Amendment I.
Motion carried.
Ayes : Council Mcmbcn Bullock, Saundcn, liathaMty, Habenicht,
Waggoner, Gulley. Wiggins
Nays : None
COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO SET A PUBLIC
HEARING FOR 7:30 P.M. MAY 3, 1993 TO CONSIDER COUNCll. Bll,L NO. 13.
Motion carried.
Ayes : Council -.i Bullock, Saunders, HathaMty, Habcnich~
Waggoocr, Gulley, Wiggins
Nays: None
(I) Dir<etor Fonda prescnlcd a m:ommcndatioo from the Utilities Dcpanmcnt to approve
by motion the award of a conllact for rdlabilitalion of the Z&mi WIier Sloragc Tank 10 Maguire Iron, Inc .
in the amount of $96 ,606 . Hr. informed Council that an inspection of the tank in 1992 rc,'Caled
substantial conosioo. lo July 1992 bids were IOlicilcd. The budget process was c:ompldcd before the City
became a..-are that the low bidder was unable 10 provide proper insurance and bonding documents .
co......-iy, the project was re-bid. Mr. Fonda advised that this project was DOC included in the 1993
budget. bul sallicieot mooies exist in the WIier 1!o1apri1c Fund cash raenu to fund this project.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO AWARD THE BID
TO MAGUIRE IRON, INC. IN nu: AMOUNT OF 5",'06 FOR THE RJ:ILUJUTA 110N OF
THE ZUNI WATER STORAGE TANK.
Din:ctor Fonda ~oded to questions regarding the original bid, status ofMaguiR Iron lnc.'s bonding
and insurnncc, and time facton involved in corrosion proa:ss, escalating or de-cscalaling.
Motion earned.
Ayes : Council Memben BulJock, Saunders, Hathaway, Habenicht ,
Waggoner, Gulley, Wiggins
Nays: Nooe
(g) Dir<etor Esterly presented a m:ommcodation from the Department of Public Works 10
approve by motion the award of a contract for rq,laccmeot of the cooling tower II the Englewood
Police/Fire Complex to Trautman and Shreve in the IDIOUDI of$32,985 .00. He explained that three bids
were n:«:i ,'Cd for tllis project. Also, that this project was identified and approved in the 1993 budget
process. In ~nsc to Council Member Habenich~ Mr. Esterly explained that the exceptions have been
rc,i°"'Cd and do DOC impact the cost or quality olthe proj,,:t.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO AW ARD THE
BID TO TRAUTMAN AND SBREVE IN THE AMOUNT OF $32,915.00 FOR REPLACEMENT
OF mE COOLING TOWER AT mE ENGLEWOOD POLICE/FIRE COMPLEX TO
TRAUTMAN AND SHJtJ:VI..
Ayes :
Nays :
Council Mcmbcn BuJJock. Saundcn, Hathawa y, llabcnicht , ·
Waggoner , Gulley, Wiggins
None
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lallewood City c-u
April5,1'9J , ... ,
Madon c:arricd.
(h) Director Esterly p,.....ted a I000llllDCDdalion from the Depanment of Public Works to
adopl a bill for an ordinance updating the Cily's EICClrical Code lo 1993 National Elcclrical Code
standards. He noted in March 1993 the State adopted the 1993 National Electric Code making it the
minimum requirement state-wide for all electrical cnolllCIOrl thnt.,. licensed by the State. Mr. Esterly
cxplai.ocd that the Cily's revisions lo the 1990 code are port of this proposal and l1l05I of the changes .,.
•housck.ccping• in nature.
The Deputy City Cieri< was asked to read Council Bill No. 14, entitled :
COUNCU. Bll.L NO. 14, INTRODUCED BY COUNCU. MEMBER GUlLEY
A Bll.L FOR AN ORDINANCE AMENDING TlTIJ! I, CHAPTER 2, ARTICLED OF 1llE
ENGLEWOOD MUNICIPAL COOE 1985 BY ADOPTION OF TIIE NATIONAL ELECTRICAL
CODE, 1993 EDITION, INCLUDING APPENDICES AND 1llE UNIFORM ADMINlSTRATIVE
CODE PROVISIONS FOR TIIE NATIONAL ELECTRIC CODE, SUBJECT TO CERT AlN
EXCEPTIONS , MODIFICATIONS AND AMENDMENTS .
COUNCll. MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM NO. 11 (I,)· COUNCll. Bll.L NO, 14.
Motion canied.
Ayca : Council MombcB llllllqck, Saunders, Hatha"~Y, Habcnicb~
Waggoner, Oullcy, Wigiu
Nays : Nooe
(i) City Attorney DcWin presented a rccommcndation from the City Anomcy's Office to
adopt a resolution authorizing the City to co-in WIJa Court proceedings . He explained the
imponance of ewlualing each case to dclcrminc if the City's waler rights arc affected.
The resolution was assigned a number and read by title :
RESOLUTION NO. 37, SERIES OF 1993
A RESOLUTION AUTIIORIZING 1lIB CITY TO ENGAGE IN WATER COURT PROCEEDINGS .
COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM ll(l) • RESOLUTION NO. 37.
Motion canicd.
Ayes : Council MombcB Bullock, Saunders, Hathaway, Habenicht ,
Waggoner, Gulley, Wiggins
Nays : None
12 . Genenl Ditcuuioo
(a) Mayo(s Choice
(i) Mayor Wiggins stated he had n,ccivcd a letter of thanks from Mr. Barnes
rc gnrdi ng Continental Airlines . It was confinncd lhat Council had not taken a stand oo the issue or sent a
lcucr .
E■&iewoN Cly C""""I
April 5, l"l
Pace I
(ii) Mayor Wiggins n,qucstcd offica1 monitor ice cn:am trucks to ensun: tl,cy arc
licensed and •~ or the noix ordinance.
(b) Council Mcmbct's Choice
(i) Council Member Gulley:
She advised she had nr,ivcd a complaint rqarding the condition of the backyard of a home at
u , comer rf Oxford and Shcmi31l . Ms . Gulley rtqueslcd Code Enforcement review the situation.
2. She noted the Englewood Chanlbcr of Commerce has expressed concern over the status of
Cinderella City and suggcslcd Council consider conducting public hearings in the matter.
City Manager Fraser stattd llall'1 pooition ii thal this should be a public process as much as poCSiolc . He
encouraged Council to consider public bcariJlp a wdJ u Olhcr suggestions at the April 12, 1993 Study
Session, 11 which time they, ill be apprual of various 000llotllic C:C--clopmcnt Slralcgics .
J . She old\iscd that Interfaith Task Force has made changes pursuant to their annual fund raising.
Thcf "ill be conducting a sponsored race. ,.;th all spoosors contributing $500 .00 or more listed on a t-
shirt.
COUNCIL MEMBER GULLEY MOVED, AND IT WAS SECONDED, FOR THE CITY OF
ENGLEWOOD TO BECOIIIE A SPONSOR FOR THI'. INTERFAITH TASK FORCE RACE IN
THE AIIIOUNT OF $500.00.
Discussion ensued.
Motion carried.
Ayes: Council Members Bullock, Saunders. Hathaway, Habcnichl
Waggoner, Gulley, Wiggins
Nays : None
(ii) Council Member Waggoner questioned the status of the home under
construction on the SCIUtheast comer or Downing and Floyd. Discussion ensued.
(iii) Council Member Habenicht:
I. She mentioned a number of people have C0f lactcd her regllding the 5¾ across the board cul,
specifically the cuts relating to the boolancbilc, and sbc believes Council ,.;u be bearing more on the
issue .
2. She a<hi.cd she has ,cccived a number of calJs regarding the public forum on the proposed trash
removal issue . She requested a li st of the number of residences in Englewood with alleys and the number
wi thout.
(iv) Council Member Hathaway:
I. She encouraged Council to anend the public forum April 13 , 1993 at 7:00 p.m. on the trash
hauling issue. However. she requested those who arc unable to ancnd advise her or concerns and
questions .
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Ea----OIJ c..adl April!,.,,, ...
2. SIie inviled everyone to liltcnd and pulicipotc In the Clean, GfflCII, and Proud Commission's 4th
Annual Bag-A-lboo on May I, 1993, 9:00 a.m. at Dry Cru:k Plu.a.
3. SIie adviJod that the Greater Englc"""'1 Chamber ol'C.imrncn:e and the Englc"""'1 Historical
Society ba\-c formed a new committee. the ROOlin', Toolin', Mavin' Committee CR™C>-The committee
ad\'Otales moving the Englewood train dcpo( IJI the comer ofEngic"""'1 Paricway and Broadway. She
asked that the issue be addI<SSCd al a study ICSlion.
13 . Cily MUIKCr'1 Choice
Mr. Fr.ua did not ha,-c any matters to bri ng before Council .
14 . City A1tonacy'1 Choice
i•) Mr . DeWitt advised that U.S. District Court Judge Malsch has ruled against the City or
EnglC"'-ood. stating we cannot enfon:c the conditional use and adult l>wncss ordinance, ,.;th respect 10
Santa Fe Adult Videos. Upon r=ipl of the judges ruling a rccommc,ldation ,.;u bc made to Council.
15 . Adjournment
COUNOL MEMBER HATHAWAY MOVl:D TO ADJOUIIN. The .-ing adjourned at 8:18 p.m.
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~·" (,U(.&/.__
Deputy Ci ty Clerk