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HomeMy WebLinkAbout1992-01-06 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 6, 1992 I. Ca 11 to Order The regular meet i ng of the Englewood City Council wa s called to or der by Mayor Wiggins at 7 :33 p.m. 2 . Invocation The in vocat i on was given by Cou ncil Member Bullock. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wigg i ns. 4 . Roll Call Present: Absent: A quorum was present. Also present : 5 . Ni nutes Council Heinbers Hathaway, Van Dyke , Gulley , Bu ll ock, Habenicht, Waggoner, Wiggins None Deputy City Manager Mart i n City Attorney DeWitt Deputy City Clerk Ellis Executive Officer Olson , Safety Serv ices Director W1nush, Community Development Director Esterly, Publ ic Works Management Anal yst Reid , City Manager 's Off i ce (a) COUNCIL NENBER BULLOCK NOVED, ANO IT WAS SECONDED, TO APPROVE THE HINUTES OF THE REGULAR MEETING OF DECEMBER 16, 1991. Ay e s: Counc i l Mem bers Bu ll ock , Van Dyke , Hathawa y, Wa ggo ne r, Gulley , Wiggins Nays : No ne Abs t a in: Counc il Mem ber Hab en ich t Mo ti on c ar r ied . 5. Pre-schedu l ed Visi tors Englewood City Council Minutes January 6, 1992 -Page 2 (a) James A. Beckwith, attorney for Bob's Auto Serv ice, pro t es t ed awarding the tow i ng contract to Hi nson Towing . He prov i ded cop ies of a memo- r andum addressing purported discrepancies for Council's review . Mr. Beckwith co ntended that Hin son Towing does not have the necessary r ange of towing I equipment; that the City has not agreed to allow subcontracting for that ser- vice ; and th at Hins on does not identify the subcontractor, and rate, for heavy equipme nt movements . He ask ed that Council reevaluate the Hi nson Towing con - tract and award the contract to Bob 's Auto Service as "it is the only bidding party who meets all of the bid specifications .• He reviewed bidding price comp ari sons for standard and optional services . He requested, if City Cou nci l should decide to re-bid the contract, that the traditional rotationa l towing sys tem be used until the contract Is awarded. COUNCIL MEMBER HATHAWAY MOVED, AHO IT WAS SECONDED, TO BRING FORWARD AGENDA ITEM ll(a). Ayes : Nays: Mott on carried. CJuncil Members Bullock, Van Habenicht, Waggoner, Gulley, Wiggins None Dyke , Hathaway , Council Member Bullock requested confirmation from Bob Hinson Towi ng Specialists and Bob's Auto Service as to their business addresses . Executive Officer Olson presented a reconrnendat ion from t he Department of Safety Services to approve by 1110tion a contract for vehicle wrecker and towing services to Bob Hinson Towing Specialists, 4343 South Santa Fe Drl'.le. Mr . Olson noted they have served in this capacity for the last two years, staff has been satisfied with their level of service, and they submitted the lowest bid . He noted actual costs are substant ia l l y less than the worst case scenar- io proposed in the bid specifications. Council Member Habenicht questioned whether the request for bid precluded any contracting out on the part of the bidder. Hr. Olson stated that during the bid process Hr. Clothier , owner of Bob's Auto Service, stated his concern with that issue. As a result , an addendum was mailed to all bi dd ers that had re- quested bi d packages specifying that heavy duty tow ing could be sub • contracted. He felt this was not a major is sue as i t is rare for the City to use this type of specialized heavy duty towing . ~ouncil Membe r Habenicht questioned City Attorney OeWitt on the leg itimac y of adding an addendum to a bid proposal that has alre ady been distributed, based on a question from one of the people bidding . Mr. DeW itt noted the bid pro - posal is used to clarify the bid speci f icati ons. Discu ss ion ensued . Cou ncil Member Ha thaway questioned the advisab ility of reinstating a rota to n- al system between Bobs Auto Serv ice and Bob Hinso n Tow ing Spec ia l ·s s. Dis - cus si on ensued. Ci y Attorney DeW i t questioned Mr. Olson regarding curl'en s pecif i ca i ons for t o1aing of hea vy equipment. I I I Englewood C1ty Council Minutes January 6, 1992 -Page 3 Counc il Member Habenicht questioned the accuracy of bidding price com par i sons as set forth in the memorandum from Mr. Beckwith dated January 6 , 1992 . Dis- cussion ensued. Bo b Hinson spoke on behalf of Bob Hinson Towing Special ists. He stated there have been four requests for tractor and trailer semi's In the last tw o and a a 1f years, wh i ch they handled . He maintained he would stand on his past rec ord with Englewood, Cherry Hills Vi l lage, and Greenwood Village. He noted he has letters on file from two of the largest towing companies In town stat - i ng they would back him on any police request for heavy duty eq uipmen t . Co uncil Member Hathaway expressed her concern over the discrepancies in the information presented on this issue. She requested additional information on the rotational .system, heavy duty tows and cost differential. Althoug h, an interim agreement w1s discussed, Mr. DeWitt reconwnended they Issue a notice to continue the current contract, with alternative emergency measure s to be con- sidered if disagreements arise. COUNCIL MEIIBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEN ll(a) TO THE RHUW CITY COUNCIL NEETING JANUARY 20, H92. Ayes: Council Hetnbers Van Dyke, Hathaway, Waggoner, Gulley, Wiggins Nays: Council Members Bullock, Habenicht Hotton carried. (b) tlons to Mayor Wiggins presented, on behalf of the City, the 1992 contribu- the following agencies : Colorado Special Olympics Interfaith Task Force Town of Littleton Cares/Hea l s on Wheels Arapahoe Mental Health Center Gateway Battered Women 's Shelter Court House Inc . S 400 15,000 3,000 2,000 2,500 2,500. (c) Dan Clayton, 958 East Cornell Avenue, stated he has been asked to represent the United States at t-,o Junior Wor l d Cup Fencing Competitions in Paris, France and Frankfurt, Germany. He estimated the cost of the trip at Sl600 and the equipment at $400 . He requested a contribution from Council to assist with his expenses. Council Member Bullock noted t hat Hr . Clayton has Olympic potential. HEHBER VAN DYKE MOVED, AND IT WAS SECONDED, TO APPROVE A $150.00 CONTRIBUTION TO DAN CLAYTON. COUNCIL MEMBER BULLOCK MOVED TO APPROVE A $200 CONTRIBUTION TO OAN CLAYTON. The vote results on original motion (SJSO): Aye s: Counc i 1 Membe rs Van Dyke, Ha th away, Hab en i cht. \·Jag • goner. Gulley, Wiggins Nays : Bullock Mot i on carr i ed . Englewood City Council Minutes January 6, 1992 -Page 4 Coun,; il Hember Hathaway encouraged con111un1ty Involvement in his effort, as she was aware he is training for the Olympics. She suggested he contact th e South He tr,i Chamber of Co11111erce and the Greater Englewood Chamber of Convnerce. Council Hember Habenicht offered her congratula t i ons to Mr . Clayton and re-I quested that he and his representatl ve be given a Ci ty T-shirt. It was agr eed to pr ov i de a book bag, pins , etc. Coun ci l Member Gulley confirmed that the Greater Englewood Cham ber of Comm erce had approved a contribut i on of Sl,000. 7 . Non-scheduled Visitors Ken Haraldsen, 3018 South Wasllington, invited Council to attend the upcomi ng Colo r ado Cowboy Poetry gathering at the Arvada Arts Center , as he will be a participant . He noted on January 21, 1992, so me of the participants wil l be performing at the Englewood Public Library . Hr. Hara l dsen suggested Council record various convention meetings in order to share information at the study sessions. It was noted that occasionally tapes can be purchased. City Attorney DeWitt stated that in some instances taping i s s11ec i fically prohibited, as some programs are copyrighted or otherwise pro- tected. Discuss i on ensued. 8 . COl'nuntcat1ons, Procl1111ations and Appointments There were no Conwnunlcat1ons, Proclamations or Appointments to co ns ider . 9 . Publ ic Hearing No public hearing was scheduled before Counc i l . 10 . Approval on Second Reading COUNCIL MEMBER VAN DYKE MOVED, AND IT W~ SECONDED, TO APPROVE ON SECOND READ- ING A6ENOA ITEMS 10 {a) THROUGH (b) AS FOLLOWS: (a) ORDINANCE NO. 1, SERIES OF 1992 (COUNCIL BI LL NO. 80 , INTRO DUC ED BY COUNCIL HEHBER HATHAWAY), ENTITLED: IIN ORDINANCE GRANTING TO TRIDENT PROPERTIES, LTD. A RIGHT TO USE MUNI CIPAL RIGHT-OF -WA Y. (b) OR DI NAN CE NO. 2, SERIES OF 1992 (COU~C I L BI LL NO. 82. I NTRODUCED BY COUNCIL HEMBER GULLEY), ENTIT LED : ~N ORDI NANCE AMENDING TITLE 7, CHAPTER 6F , BY THE ADDITI ON OF A NEW SEC TION I, ANO AMENDI NG TITLE 15, CHAP TER 6, BY THE ADDITION OF rm, SECT ION S 7 AND 8 , TO THE ENGLE WOOD MUN ICIPA L CODE 1985 REG AR DI NG GRAFF IT I. Ayes: Counc i l Me mbers Bull ock, Va n Dyk e . Hath away, Haben i ch t, Waggon er, Gu l ley, Wi ggin s I I I Englewood City Council Minutes January 6, 1992 -Page 5 Nay s: None Motion carried. 11 . Ordinances, Resolutions and Motions (a) This item was moved for wa rd -see Ag enda I te m 6(a) -pages 2 and 3. (b) Director Wanush presented a re co mmen dat io n from th e Department of Comm unity Development to adopt a bi ll for an ordinance r evising sections of the Englewood Munic ipal Code relating to Zone Dis tr ict Regulat ions an d set a Publ ic He aring for February 3, 1992 at 7:30 p .m . He stated t he Plann i ng an d Zontng Commission had held a Public Hearing rega rdi ng this change. He ex- plained that essentially It would al l ow the rear 25 feet of residential zones, that abut the 8-2 Broadway zone district, to be used for parking . He note d th i s request is in response to concerns expressed by businesses, residential property owners and tenants, and this option 111eets the needs of the bus i ne ss community with minimal Impact on the residential nature of Acoma Street an d Lincoln Street . Hr. W1nu~h responded to questions from Council. The Deput y City Clerk was asked to read Council 8111 No . I, entitled: COUNCIL BILL NO . I, INTRODUCED ~y COUNCIL HEHBER HABENICHT A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION SN , BY ADDING A NEW SUBSECTION (5), ENTITLED PARKING AREA; TITLE 16 , CHAPTER FOUR, SECTION 6M BY ADDING A NEW SUBSECTION (5), ENTITLED PARKING AREA; ANO AMENDING TITLE 16 , CHAPTER 4, SECTION 9, C, OF THE ENGLEWOOD MUNICIPAL CODE IN ORDER TO ALLOW DEVELOPMENT OF COMMERCIAL PARKING LOTS AT THE REAR 12,000 SQUARE FEET OF SOUTH BROADWAY BUSINESSES. City Attorney DeW itt adv ised that the Public Hearing is set for February 3 . 1992 at 7:30 p.~. in Section 4 of the Council Bi ll. COUNCIL ME"BER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11(8) -COUNCIL BILL NO. 1. Ayes: Council Members Bullock, Van Dyke, Hathaway , Habenicht , Waggone r, Gulley , Wigg i ns Nays : None Mo tion carried . (c) Director Esterly presented a recomm end a t ion fr om the Dep ar me nt of Pu bl ic Wor ks to appro ve by motio n the 1992 Custo di al cont r act o Ainerica n Maid . He no t ed the City has had contractual cu s tod i al serv ice s cont inuou sly since 1981 . Mr . Esterly adv is ed that the l owe st bid de r. Asp en Ma i nte nan c , wi thdrew their bid due to i nterna l financial prob lems. The ne xt l owe s b idder was J anit •,nic s, which has contracted with the City co nti nuously s i nce 1989 . However , t.."ring the la st year the i r performa nce ha s been very errat i c par ti c u- larly at the Recreation Cente r. Mr . Esterly con firmed the unsatisfactory per- form ance was documented . Di scus sion ensued. He stated the contract ha s been modi fie d to allow a fine t o be imposed fo r services that are not ren dered pr oper ly . He noted that during t he cou rse of es tablishing t he ne s, con rac hey had req ues ted r ec ommendat ions from a ll (i y de pa r t ment5 . Englewood City Council Minutes January 6, 1992 -Page 6 COUNCIL NENBER HATHAWAY IIOVED, AHD IT WAS SECONDED, TO AWARD THE 1992 CUSTODIAL CONTRACT TO AMERICAN HAID FOR ONE YEAR IN THE AHOUHT OF $111,900.00 . Ayes : Nays: Moti on carried. Council Members Bullock, Van Dyke, Hathaway, Habenicht, Waggoner, Gulley, Wiggins None (d) Director Esterly presented a reconvnendation from the Department of Public Works to approve a resolution declaring the intent of City Council to create Special Improvement District No. 1992 . He noted, t hat during the for- mation of Paving District No . 1991, it was determined t he Santa Fe Circ l e project should be removed because it was a developer project; and that this particular project would hive a negative impact on bond rates, resulting in higher costs for other district llll!mbers. He advised that this district In- cludes water, sewer, engineering , and paving . Council Member Waggoner ques - tioned the fin ancial 1rran9ement. Hr. Esterly explained it would be financed with the City's reserve funds. Discussion ensued. Council Member Waggoner wondered if the City anticipated another pav i ng district. Mr. Esterly advised of possibly two more paving districts this year. Discu~~ion ensued. The resolution was assigned a number and read by title: RESOLUTION NO. 1, SERIES OF 1992 A RESOLUTION DECLARING TH[ INTENTION OF THE CITV COUNCIL OF ENGLEWOOD , COLORA- DO, TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 1992 -ECIC, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, ANO DI RECTING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRICT. COUNCIL NENBER HATHAWAY MOVED, AND IT WAS ECONDED, TO APPROVE RESOLUTION NO. 1, SERIES Of 1992, Ayes: Nays: otlon carried. Counc i l Members Bullock, Van Habenicht, Waggoner, Gulley, Wiggins None Dyk e, Hat ha way, (e) Deputy Ci ty Manager Martin recommended that Council Bill No . 2 be tabled , as Arapahoe County Transportation Services has indicated they would l ike clarification of s ome sections of the agreement. I Counci l Member Hathaway expres sed concer11 for citizens requ i ring tra nsporta-I lion assistance in the i nter im. Council Member Hab enicht expressed concern with disrupting the serv ice for peo ple who depend on it. Staff was instruc ted to prepa r e an interim agreement for Council to review if the concer ns voiced by the Arapahoe County Transportation Serv ic es have no t been ironed out by th e J anuary 20, 1992 City Counc il Meeting. Discussion ensued regarding alterna- tive res olu tions . COUNC IL 11EHBER HATHAWAY NOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 11 (e). I I Englewood City Council "1nutes January 6, 1992 -Page 7 Ayes; Nays : Council Members Bull ock, Van Dyke, Hathawa y . Haben icht, Waggoner, Gu ll ey, Wiggins None Mot i on carri ed . { f) City Attorney DeWitt presented a recommendation from the City At - torney's Office to approve republishing a bill for an or di nance concerning water rights. He advised that this ordinance doe s not repeal the 1985 or - dinance , it elaborates specH1cal1y on certa i n aspects of t hat ordinan ce and pr ov i des for an unusual publ i shi ng sequence to bring It into co mpliance with a specific State Statute . Council Member Waggoner questioned the status of property that ca me in to the City after January 1, 1985 . Discussion ensued . COUNCIL "E"BER VAN DYKE "°VED, AN> IT WAS SECONDED, TO APPROVE PUBLICATION OF AGENDA lTDI ll(f) AS A COI.IICIL BILL THREE Tl"ES AND TO BRING IT BACK TO COUN- CIL FEBRUARY 3, 1992, Ayes : Nays: Motion carried. 12. General Discussion Counc i l Members Bu l lock , Van Dyke , Habenicht, Waggoner, Gulley, Wiggins None (a) Mayor's Choice Hathaway, (I ) "ayer ~lgglns noted the Chamber of Comme rce would be hosting a Valent ino Day get-together on February 14, 1992 . (II) He inquired as to whether t he inform at i on on pol Ice patrol vehicles had been submitted to Council Member Waggoner , pe r hi s pr evious request. Deputy City Manager Hartin confirmed she had responded to his i nq ul ry . (b) Council Member's Choice (i ) A r esolution approving a compensation plan for 1992 for the City Manager was cons i dered. The r es oluti on was assigned a number and read by title: 1 RESOLUT ION NO. 2, SERIE S OF 1992 A RESOLUTION ESTABLISH ING THE ANNUA L SALARY FOR THE CI TY MAN AGE R FOR TH F CAL- EN DAR YEAR 199 2 . COUNCIL MEMBER VAN DYKE MOVED, AND IT WAS SECONDED, TO APPR OVE RESOLUTION NO. 2, SERIES OF 1992. Ayes : Nays : Motion carri ed. Co unc il Members Bullock . Van Habe nicht, Waggoner. Gulley. Wi ggin s No ne Dyke. Ha t lla Nay, Englewood C1ty Counc11 "1nutes January 6, 1992 -Page 8 {ii) A resolution approving a co mpens ati on plan fo r 19 92 for th e Ci ty Attorney was considered. The resolution was assi gned I nu mber and r ead by tit 1 e : RESOLUTION NO. 3 , SERIES OF 1992 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR TH E CITY ATT ORNEY FOR THE CAL - ENDAR YEAR 1992. COUNCIL NEN8EA BULLOCK IIOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 3, SERIES OF 1992. Ayes: Nays: Hollon carried. Council Members Bul l ock , Va n Habeni c ht, Waggoner, Gulley, Wigg i ns None Dyk e, Ha th away , (Iii) A resolution approving a compensation plan for 1992 for the Mu ni cipal Court Judge was considered . The resol ut i on was assigned ·1 num ber and read by title: RlSOLUTION NO . 4, SERIES OF 1992 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICI PAL COURT JUDGE FOR THE CALENDAR VEAR 1992 . COUNCIL N~BER GULLEY "DYED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 4, SERIES OF 1992. Ayes: Nays : Motion carried, Council Members Bullock , Van Habenicht, Waggoner, Gulley, Wiggins None (iv) Counc i l Member Gulley : Dyke , Hathaway, I . She suggested thut the Parks and Recreation Co1T111issi on inv i te the Eng l e- wood Soccer As s ociation Board to attend their next meeting to di scus s use of fields . Discussion ensued . 2. She requested Council schedu l e a City/School meeting to discu ss i s sues that concern both entitles , such as the graffiti ordina nce and tra f fi c prob - l ems we may encounter a s a result of th e scho ols cont r ac t with t he profe s- sional s occer team, Colorad o Fox es . {v) Coun c il Membe r Waggoner : I. He st ated a citizen had quest :one d wh y t he City d id r.ot requi re a lidi l iff t o be present at controve .-sial or po te nt ia lly vola t i e board and com,n i ss io n nee t i ngs. Di scu ss ion ens ued. l. He ques tioned the st a tus of the pil ot re cycli ng p•·og,·am. ·Is. Mar in no 1- ed an an alys is of t he pro gra m would be co mpleted th is spring. Co uncil M ~hr Wagg oner s tated he would li ke t he ha uler s l o con inue o p ick t•Jl recycl ahl s. I I I I Englewood City Council M1nut<s January&, 1992 -Page 9 e en though the p;lot program has ended. Council Member Va n Dy ke concurred , owever, she understood that Waste Management would be contacting citi zen s o offer l'ecycllng services . She noted th e transition from t he Ci1y 's p i o t recycling program to Waste Management's recycling program would tak e a lit t le time . Dts1.uss Ion ensued . Counc 11 Member Van Dyke agreed to me et with Waste Mana gement and discuss Counc i l's concerns. 3 . He Inquired as to the status of the sale or lease of the Fed eral Fire St at i on . Ms . Hartin advised the property was posted , adverti ;emcnt s wer e placed I n the Dally Journal and £nglewood Herald , and a b i d ope ni ng is scheduled for February 4, 1992. (vi) Council Member Habe n icht commented on the signif ica nc e of the first resolutions of the new year . (vii) Council Member Hathaway noted coordinators of the 10 ,000 Tre es Project would be approaching Council with their presentation. She in - quired as to whether the City would 1 Ike to put together a te~m again for planting a site, as she would like to coordinate the effort with Outdoor Colorado. Deputy City Manager Hartin agreed to mention it to staff and adv i se Council. Ms. Hathaway requested staff prepare a chronological h istory of f u nding and relmburse11111nts. (viii) Council Meniber Bullock uked if the Ci ty has insurance to cov er those people sentenced to connunity service by the Municipal Court . He ~t ated he understood tha~ technically they were not eligible for Workers ' Com · pe ,; t ,on. City Attorney DeWitt provided an update on the issue. 13. City Manager's Report (a) Deputy City Manager Martin transmitted a draft of the current pro- posal for the citizen survey which ;s conducted every other year . She re - quested c-nts fr011 Council by January 13th, to enable staff to process the survey I n a timely ma.nner. The responses will be tabulated pri or to Council establishing goals for 1993. Council Member Habenicht asked i f the questions were consistent with the last survey. Hs . Hartin noted that all q uest ion s providing substantive Information, •hat can be used for tracking , have been r et~i ned. Counc il He:mber Van Dyke s t ated she would 1 ike to see an ad dendum to e su rvey regard ing recycling . Manageme nt Analy s t Re I d ad vised that th ey o u ld be s urveying all the people who par t icipat e d in t he recycling progr am, B well as an equa l n um ber of peop le in the p il ot area ,-,ho ch ose not t o a r ti c ipate. (b) She noted th at a s of December 31, 199 1 Ph il De wi ng i s no longer e "'pl oye d by the City. He was charged wit h the deli ve ry o f co un cil pa c ke s . ·s cu ssio n ensued . CO UNCIL H£HBER VAN DYKE MOVED, ANO IT WAS SECONOEO, TO CONTINUE TO UTILIZE PH IL DEWING'S SERVICES AT THE FEE OF $12.50 EACH TIME HE DELIVERS COUNCIL PACKETS, THE COST TO BE CHARGED TO COUNCIL 'S BUDGET. Ayes: Council Members Bullock , Va n Dyke , Ha ha ,,,ay . Habenicht, Waggo ner, Gu lley . Wi gg ins Englewood City Council "1nutes January 6, 199Z -P19e 10 Nays: None Mol ion carried . (c) She noted they would be hosting Littleton City Council January 13 , 1992 and asked for suggestions for a meeting place. Council supported me eti ng at Fratell i's i f possible , with Woody 's as a second choice. Council Member Bullock advised that his NLC Report had been subm it ted t1• the City Manager 's Office. Mayor Wiggins noted Council Members Habenicht and Gul- ley had also prepared reports to share with Council. 14. City Attorney's Report (a) Hr. DeWitt praised Ph11 Dewing for his assistance during the tran- sition to private process service. Council Member Habenicht thanked staff for timely and complete council packets. (b) He provided copies of correspondence from the Career Service Soard regarding the policy decision making process. (c) He noted the EPA is uncertain as to how they would like to handle a mun le I pal sett lenient policy, however he would keep Counci 1 apprised of the situation. (d) He stated Council would be rece i ving a confidential opinion on the Fiber Optic Cables . Council Member Van Dyke requested an update on the Densel Ragland case . Hr. DeWitt stated Career Service has not supported her position and she has filed a notice of claim . 15. Adjourrwent COUNCIL "EMBER HATHAWAY MOVED TO ADJOURN. The meeting adjourned at 9 :14 p.m. I