HomeMy WebLinkAbout1993-08-02 (Regular) Meeting MinutesI
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
I. Call to Order
Rqular Senion
August 2, 1993
The regular meeting of the Englewc>od City Council was called to order by Mayor Wiggins at
7:35 p.m.
2. lnvoution
The invocation was given by Council Member Bullock .
3. Pledge or Allegiance
The Pledge of Allegiance was led by Mayor Wiggins .
4 . Roll Call
Present :
A quorum was present.
Coun cil Members Hathaway, Saunders, Gulley, Bullock, Habenicht,
Waggoner, Wiggins
Also present: Acting City Manager Hayes
S. Minutes
Assistant City Attorney Brotzman
Assistant City Manager Wedding-Scott
City Clerk Crow
Director Fonda, Utilities
Acting Director Gryglewicz, Financial Services
Director Long, Library
(a) COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECOND£D TO
APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 19, 1993.
Ayes : Cou nci l Members Bullock, Saunders, Hathaway, Habenicht, Wiggins
Nays : None
Abstain : Council Members Waggoner, Gulley
Motion carried .
6. Pre-scheduled Visitors
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(a) Gary Bowman, 3327 West Chenango, representing the Littleton Chorale Society ,
extended an invitatio11 for Council members and citizens of Englewood to attend a performan ce
on August 21, 1993 at 7:30 p.m., Fisher Aud it orium, Englewood High School. Mayor Wiggins
extended his personal appreciation to Mr. Bowman for his efforts in having a performance in
Englewood .
7. Non-scheduled Visitors
(a) Dave Paschal, 2800 South Delaware Street, addressed Council concerning the
proposed general business license . He urged that serious consideration be given to setting the
license fee at SI 00 rather than the $25 proposed, and he suggested it be a multi-use license and
the fee payable monthly or quarterly where applicable .
(b) Rebecca Hiester, 6354 South Higr, Littleton, offered suggestions for the use of
the fairground property . Mayor Wiggins explained that the Planning and Zoning Commis sion is
holding a public hearing Tuesday, August 3, 1993 , concerning this matter . Mayor Wiggins
offered that the most effective way for her to proceed is to share her ideas with South Suburban
Park s and Recreati on District . She was also encouraged , if po ssib le, to share the information with
the Planning and Zoning Commission at its meeting .
8. Communications, Proclamations, and Appointments
(a) COUN CIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED,
TO PROCLAIM AUGUST 3, 1993 AS "NATIONAL NIGHT OUT."
Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht , Waggoner,
Gulley , Wiggins
Nays : None
Motion carried .
(b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED,
TO PROCLAIM THE WEEK OF SEPTEMBER 13 THROUGH 17, 1993, AS
"MIN ORITY ENTERPRISE DEVELOPMENT WEEK" AND THE WEEK OF
SEPTEMBER 27 THROUGH OCTOBER 3, 1993, AS "NATIONAL MINORITY
ENTERPRISE DEVELOPMENT WEEK."
Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht , Waggoner,
Gulley, Wiggins
Nays : None
Motion carried .
9. Public Bearing
There were no public hearings scheduled before City Council.
I 0. Approve on Second Reading
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En&tewood City Council
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COUNCIL MEMBER HA TOA WAY MOVED, AND WAS SECONDED, TO
APPROVE ON SECOND READING AGENDA ITEMS 10 (a), (b), (c) AND (d) AS
FOLLOWS:
(a) ORDINANCE NO . 37, SERIES OF 1993 (COUNCil.. Bill NO . 34,
INTRODUCED BY COUNCil.. MEMBER BULLOCK), ENTITI..ED:
A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE
IMPROVEMENTS MADE IN CONCRETE REPLACEMENT DISTRICT NO . 1992 WITiflN
THE CITY OF ENGLEWOOD, COLORADO ; APPROVING AND CONFIRMING THE
APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN SAID
DISTRICT ; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF
LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF
THE ASSESSMENTS .
(b) ORDINANCE NO . 38, SERIES OF 1993 (COUNCil.. Bll..L NO . 39
INTRODUCED BY COUNCil.. MEMBER BULLOCK), ENTITLED :
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
CHERRY 1-IlLLS Vll.LAGE AND THE CITY OF ENGLEWOOD WHICH SETS FORTH
EACH ENTITY'S COSTS FOR THE MICROSURFACING OF A PORTION OF SOUTH
CLARKSON STREET.
(c) ORDINANCE NO . 39, SERIES OF 1993 (COUNCil.. Bll..L NO . 40,
INTRODUCED BY COUNCil.. MEMBER BULLOCK), ENTITI..ED :
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
ENGLEWOOD , COLORADO, BY AMENDING THE PROVISIONS RELATING TO THE
ADOPTION OF ELECTION LAWS TO COMPLY WITH THE TAXPAYER'S BILL OF
RIGHTS SPECIFJCALL Y THE COORDINATED ELECTION MANDA TE, SO THAT IT IS
LESS COSTLY AND TECHNICALLY MORE CONVENIENT TO HA VE THE CITY'S
ELECTIONS IN CONJUNCTION WITH THE COUNTY'S ELECTION .
(d) ORDINANCE NO . 40, SERIES OF 1993 (COUNCil.. Bll..L NO . 41,
INTRODUCED BY COUNC IL MEMBER HABENICHT), ENTITI..ED :
AN ORDINANCE APPROVING AN JNTERGOVERNMENT AL AGREEMENT BETWEEN
THE CITY OF LITTI..ETON, SOUTH SUBURBAN PARKS AHD RECREATION DISTRICT
AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE FUNDING OF THE
PREPARATION OF THE BIG DRY CREEK BICYCLE TRAil.. MASTER PLAN .
Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht, Waggoner,
Gulley, Wiggins .
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Nays : None
Motion canied.
With regard to Agenda Item 10 {a)(i), a resolution amending certain assessments within Concrete
Replacement District 1992 was considered . The resolution was assigned a number and read by
title :
RESOLUTION NO . 74, SERIES OF 1993
A RESOLlITION AMENDING CERT AlN ASSESSMENTS WITHIN CONCRETE
REPLACEMENT DISTRICT 1992.
COUNCU. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO
APPROVE AGENDA ITEM IO(a)(i) • RESOLUTION NO. 74, SERIES OF 1993.
Ayes : Council Members Bullock, Saunders, Hath away, Habenicht , Waggoner,
Gulley, Wiggins
Nays : None
Motion carried .
11 . Ordinances, Rt1olution1, ud Motions
(a) Director Fonda presented a recommendation from the Utilities Department to
adopt a bill for an ordinance approving the Southgate Sanitation District Supplement No . 121 .
He advised Council that the Water and Sewer Board recommends approval .
The City Clerk was asked to read Council Bill No . 42 , entitled :
COUNCIL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER GULLEY
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 121 TO SOUTHGATE
SANITATION DISTRICTS CONNECTOR'S AGREEMENT WITH THE CITY OF
ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THEm DISTRICT
BOUNDARIES .
COUNCil.. MEMBER GULLEY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM l l(a) -COUNCil.. Bll..L NO. 42.
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Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht , Waggoner, I
Gulley, Wiggins
Nays : None
Motion canied .
(b) Acting Director Gryglewicz presented a recommendation from the Department of
Financial Services to adopt a bill for an ordinance approving changes to Chapter 1 ofTitle IV of
the Englewood Municipal Code 1985 with regard to General Business Licensing . Acting City
Manager Hayes explained the time frame for enactment. She offered information abcut the
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propose..◄ Code' changes to 1'1e MiscelJaneous Business Licenses . Discuuit'n ensued relative to
the occupa.tio r1 tax issue and the various options being considered .
The City Clerk wa.s ask ed to read Council Bill No. 43, entitled :
COUNCIL BILL NO . 43 , lNTRODUCED BY COUNCIL MEMBER HA THAW AV
A BILL FOR AN ORDINANCE AMENDING TITL:€ 5, CHAPTER I, OF THE
ENGLEWOOD MUNICIPAL CODE ADOPTING A GENEl\AL BUSINESS LICENSE FOR
THE CITY OF ENGLEWOOD, COLORADO .
COUNCJl, ~.fEMBER HA TBA WAY MOVED, AND IT W ,ts SECONDED, TO
APPROV.: AGENDA ITEM ll(b) • COUNCIL BILL NO. 0.
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO AMEND
THE FEE OF THE GENERAL BUSINESS LICENSE FROM S25 TO S100; SECTION 51-
BA OF COUNCIL BILL NO. 43 TO READ AS FOLWWS:
"A. GENERAL BUSINESS LICENSE. THE ANNUAL NON-REFUNDABLE
LICTNSE FEE OF THE GENERAL BUSINESS LICENSE SHALL BE
S100.00, SUCH FEE TO BE PAID AT "£HE TIME OF FILING AN
APPLICATION. A REPLACEMENT OF A LOST OR DAMAGED
LICENSE SHA.LL BE ISSU.ED UPON PAYMENT OF S10 .00."
Council Member Bullock stated he would be in opposition to the amendment as the fee ofSI00
would be considered excessive by the business community . He did not believe the timing is
appropriate in light of the possibility of the occupation tax question .
Council Member Habenicht stated she too would vote in opposition to the amendment. She
stressed that she believes the General Business License is a viable idea, one which will identify ail
businesses within the City and provide valuable infonnation which can be of service to the
comm unity . She stated the fee of $2S is appropriate but she disagreed with increasing that fee to
$100 .
Vote results on amendment to Council Bill No . 43 :
Ayes : Council Members Hathaway, Waggoner, Gulley, Wiggins
Nays : Council Members Bullock, s~unders, Habenicht
, Motion carried .
Council Member Hathaway stated that her original intention several years ago was to eliminate
the numerous 'linlc licenses' within the community and that one license for all types of businesses
is preferable . Acting City Manager Hayes clarified that only a few licenses arc being
recommended for eli mination in the proposed changes to the Miscellaneous Business l icenses .
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It was strongly sugested that information garnered from the General Business Licenses be
compiled and shared with the busineu community.
Vote results on approval on first reading of Council Bill No . 43, u amended :
Ayes : Council Members Hathaway, Waggoner, Gulley, Wiggins
Nays : Council Members Bullock, Saunders, Habenicht
Motion carried .
( c) Acting City Manager Hayes presented a recommendation from the Department of
Financial Services to amend sections of the Englewood Municipal Code 1985 pertaining to
supplemental disability benefits for qualifying Englewood Police Officers and Firefighters . Three
separate bills were proposed . Ms. Hayes stated the proposed ordinances would serve to clarify
that the benefit currently available -the 20"/o supplemental disability pension -is a benefit which is
available to all police cfficers regardless of hire date or pension plan, provided the criteria of
complete disablement i~ met; it would establish the City of Englewood Self-Insurance Fund as the
means through which the City finances this benefit rather than through the Old Hire Police
Pension Plan; and it would amend the Old Hire Police Pension Plan accordingly .
(i) The City Clerk was asked to read Council Bill No . 21 , ent itled :
COUNCIL BILL NO. 21 , SERIES OF 1993 , INTRODUCED BY COUNCIL ME~IBER
BULLOCK
A BILL FOR AN ORDINANCE AMENDING TffiE 3, CHAPTER 7, SECTIONS I AND 2,
OF THE ENGLEWOOD MUNICIPAL CODE 1985 , ESTABLISHING THE SELF-
INSURANCE FUND FOR PAYMENT OF 20"/o SUPPLEMENT AL DISABILITY BENEFITS
FOR QUALIFYING ENGLEWOOD POLICE OFFICERS .
COUNCIL MEMBER BULWCK MOVED, AND IT WAS SEC('NDED, TO APl'ROVE
AGENDA ITEM ll(c)(i)-COUNCIL BILL NO. 21.
Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht , Waggoner ,
Gulley, Wiggins
Nays : None
Motion carried .
(ii) The City Clerk was asked to read Council Bill No . 22 , entitled :
COUNCIL BlLL NO . 22, SERIES OF 1993 , INTRODUCED BY COUNCIL MEMBER
BULLOCK
A BILL FOR AN ORDINANCE MfENDING ARTICLE V, SECTION 5, OF THE POLICE
PENSION PLAN TO REQUIRE THE 20% SUPPLEMENT AL DISABILITY PAYMENTS TO
BE PAID BY 'WE SELF INSURANCE FUND OF THE CITY OF ENGLEWOOD RATHER
THAN FROM THE POLICE PENSION FUNDS .
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COUNCIL MEMBER BULWCK MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 1 l(c)(U) • COUNCIL BILL NO. 22.
Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht, Wuggoner,
Gulley, Wiggins
Nays : None
Motion carried .
(iii) The City Clerk was asked to read Council Bill No . 24, entitled :
COUNCIL BILL NO . 24, SERIES OF 1993, INTRODUCED BY COUNCIL MEMBER
BULLOCK
A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, SECTION 7, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 , ESTABLISHING THE SELF-INSURANCE FUND
FOR PAYMENT OF TIIE 20% SUPPLEMENT AL DISABILITY BENEFITS FOR
QUALIFYING ENGLEWOOD POLICE OFFICERS AND FIREFIGHTERS .
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM ll(c)(iii) -COUNCIL BILL NO. 24.
Ayes : Council Members Bullock, Saunders, Hathaway, Habenicht , Waggoner,
Gulley, Wiggins
Nays : None
Motion carried. Ms . Hayes advised that the Old Hire Firefighters Pension Board is working on
similar amendments which will be presented to Council for consideration when completed .
12 . General Discussion
(a) l:~iyor's Choice
(i) Mayor Wiggins complained about the lack of upkeep on the Larry Sw tt
property at 293 I South Franlclin Street . He requested that the City Manager make certain the
upkeep is taken care of.
(ii) Mayor Wiggins proposed a resolution agreeing to negotiate the
conveyance of certain real property to a site for relocation of the Englewood Railroad Station and
establishing additional terms of the transaction .
The resolution was assigned a number and read by title :
RESOLUTION NO . 75 , SERIES OF 1993
A RESOLUTION AGREEING TC1 NEGOTIATE THE CONVEYANCE OF CERT A1N REAL
PROPERTY TO A SITE FOR REI .OCA TION OF THE ENGLEWOOD RAILROAD
STATION AND ESTABLISHING ADDITIONAL TERMS OF THE TRANSACTION .
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MAYOR WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 75, SERIES OF 1993.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND
ITEM 2 ON PAGE 2 TO READ:
2. A BOND SHALL BE POSTED TO INSURE COMPLETION OF THE
EXTERIOR OF THE DEPOT BUU.DING TO ACCEPTABLE
STANDARDS AND WITHIN NINE (9) MONTHS OF TUE DA TE THE
ENGLEWOOD RAILROAD STATION IS PLACED ON THE SITE. THE
BOND SHALL BE FILED WITH THE CITY BEFORE THE MOVE ONTO
TBESITE.
Vote results on amendment to Resolution No . 7S :
Ayes : Council Members Hathaway, Habenicht, Waggoner, Gulley. Wiggin s
Nays : Council Members Bullock, Saunder,
Motion carried .
Vote results on Resolution No . 7S u :.mended :
Ayes : Council Merr.oers Hathaway, Habenicht, Waggoner, Gulley
Nays : Council Members Bullock, Saunden, Wiggins
Motion carried.
fill) Mayor Wiggins expressed concern about complaints he had received
concerning the public parking lot at Floyd Avenue and Broadway. The complaints in dicat e that
cars are being stored on the property, some people are parking there everyday, and the lot is not
available for public use .
(iv) Mayor Wiggins requested that more credence be given his and Council
Memb,:< Waggoner's request for additional flashing yellow lights . He specifically mentioned
Logan S!reet at Chenango , Quincy, Tufts, Oxford , Mansfield, Floyd, and Lehigh .
(v) He requested that staff investigate the selling and storage of cars in the
5000 block of South Delaware by Mr. Callahan. He would like to see enforce ment of the City
ordinance which prohibits this activity.
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(vi) He commented upon cars parking in the parks, specifically ·E:CftleMiftl. Park,
after 11 :00 p.m. He requested that the police enforce the Parks' rules and regulations which
prohibit parking after that hour.
(b) Council Memben' Choice
(i) COU1'1CIL MEMBER BA TBA WAY MOVE D, AND IT WAS
SECONDED, TO TABLE .,GENOA ITEM 12(b)(i)-A RESOLUTION CONCERNING
THE TRAIN DEPOT.
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Ayes :
Nays :
Motion carried .
Council Memben Bullock, Saunders, Hathaway, Habenicht, Waggoner,
' ey, Wiggins
1'.or.r
(ii) Cou . ·i i Member Bullock :
I . l le , uested that Acting City Manager Hayes follow up on the
concrete poured in the Scenic View area .
2. He spoke in favor of honoring Paul Meyer, a citizen of Englewood who
devotes much of his time to collecting aluminum cans throughout the City and donating the
monies received to various charities .
3. He requested that the City Attorney's office incorporate "sunrise/sunset"
provisions in the Council Bill concerning the proposed occupation tax . He emphasized the need
for these provisions. Ducussion ensued.
(ill) Council Member Saunders recommended caution in the complete 'sunset"
provisions of the occupation tax, stating the City is in need of broadening its tax base in order not
to be so dependent upon sales tax in the future .
(iv) Council Member Hathaway :
I. Ms . Hathaway offered her insights with regard to "sunset" provisions in
light of Amendment One.
2 .. She requested , on behalf of the Orchard Place re ;;idents, an update of
the properties across the street on Sherman .
3. She requested the City Manager to respond to calls from the
Womeldorffs concerning police procedures . Ms. Hayes assured her she would contact them
regarding their complaints.
(v) Council Member Habenicht:
I. She asked about the scheduling of discussion concerning the proposed
or.cupation tax . Acting City Manager Hayes advised that the subject is scheduled for discussion
at the August 9 study session, and that time will be scheduled for discussion of proposed ballot
questions at the August 16 study session .
2 . Ms. Habenicht complimented staff on the latest issue of The Englewood
Qtimi. She found it very informative and helpful.
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3. She commented 11111 she ho pa it i1 undentood tha I lier letter
concerning the orcupation tax is from her as a council person and is not intended to be on behalf
of the City Council .
4 . She expressed appreciation to Mayor Wiggins for being given th e
opportunity to altend Governor Romer's meeting regarding gangs and his efforts to call a special I
session of the Legislature . She discussed certain aspects of the meeting, and will share cop ies of
the Governor's' 14 point plan .•
S. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS
SECONDED, TO SET A PUBUC HEARING FOR SEPTEMBER 7, 1993, 7:30 P.M ., TO
RECEIVE CITIZEN INPUT RELA T1VE TO THE GENERAL BUSINESS UCENSL
Ayes : Council Members Bu ll ock, Saundcn, Habenicht, Waggoner, Gulley
Nays : Coun cil Members Hathaway, Wiggins
Motion carried .
(vi) Council Memt-er Waggoner urged that City Council commence the process
of select ing a city manager. Discussion ensued . Acting City Manager Hayes agreed to provide
Council with the information requested by Mr. W1311oncr.
(vii) Council Member Gulley suggested that council members give thought to
the real reason for establishing the proposed occupation tax . She mentioned the burden such a
tax would mean to the business community . Discussion ensued .
13 . City Mana1er'1 Report
{a) Acting City Manager Hayes provided information concerning City-owned property
at 2931 South Franklin Street, based upon the recommendation of the Parks and Recreation
Commission concerning the rental of the property .
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO
UPHOLD COUNCD...'S PREVIOUS MOTION TO RENT THE PROPERTY AT 2931
SOUTH FRANKLIN STREET FOR THE BENEITT OF THE PARKS AND
RECREATION DEPARTMENT AS BENEFICIARY OF THE SCOTT PROPERTY.
Ayes :
Nays :
Motion carried .
Council Members Saunders, Hathaway, Habenicht, Waggoner, Gulley
Wiggins
Council Member Bullock
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(b ) A unanimously signed I ell er of endorsement nominating Hanle Long as Colorado
Librarian of the Y car was discussed . Director Long was present and commended for his efforts
on behalf of the community . He expressed appreciation to City Council and Act ing City Manager
Hayes for th e nomination honor.
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(c) Ms . Hayes reported on the City's negotiations for the Cooke property u
previously directed by City Council at the public hearing on West Caspi1111 Place . She .1 dviscd that
the estimated total costs will be $68 ,250 .
(d) She asked for direction from City Council concerning the proposed merger for
Police Communication .
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO SET A
PUBLIC HEARING FOR SEPTEMBER 7, 1993, 7:30 P.M. TO RECEIVE CITIZEN
INPUT CONCERNING THE PROPOSED MERGER FOR POLICE
COMMUNICATIONS.
Ayes :
Nays :
Motion carried .
Council Members Bullock, Saunders, Hathaway, Habenicht, Waggoner,
Gulley, Wiggins
None
(e) Act ing City Manager Hayes reported on distribution of flyers by the Englewood
Firefighters Association . Discussic-n ensued .
14 . City Attorney's Report
Assistant City Attorney Brotzman did not have any issues to bri ng before Ci ty Council.
15 . Adjournment
COUNCIL MEMBER HA TBA WAY MOVED TO ADJOURN. The meeting adjourned at
9:05 p.m ..
~#flef
CITY CLERK