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HomeMy WebLinkAbout1981-02-05 (Special) Meeting MinutesSPECIAL MEETING: COURCIL alAMBERS CITY or DCLIWOOD, COLORADO February 5, 1981 The City Council of the City of .Englewood, Arapahoe Count7, Colorado, met in apecial eeeeion on February 5, 1981 1, at 7:00 p.11. Mayor Otia, preaiding, called the meeting to order. The invocation waa fiven by Council Member Thomas Fitzpatrick. The pledge of a legiance was led by Mayor Otis. Maior Oti• aaked for roll call. Upon a call of the roll, the fo lowing were pre•ent: Council Mellber• Rifday, Neal, Fitzpatrick, Keena ·, Bilo, Brad•hav, Ot •· Ab•ent: Rone. The Mayor declared a quorum present. * * * * * * Alao preaent were: City Manager Mccown City Attorney DeWitt Director of Co11111Unity Development Power• Chief of Police Holmes Deputy City Clerk Watkins * * * * * * COURCIL MEMBER llADSRAW ll>VED TO OPEN THE PUBLIC HEAR- ING ICTO CONSIDER THE OIDIRARCE OR FINAL READING AMENDING CHAPTER 22 CONSTITUTING THE COMPIERDSIVE ZONING ORDINANCE FOR THE CITY OF ERGLEWOOD, COLORADO, OIDIIWCCE RO. 26, SERIES OF 1963, AS AMENDED 1, BY ADDING SEcrI01'S 22.4-lOh., 22.4-11 h., 22.4-13 k., 22.14 i', TEMPORARILY PRORIBITIRG THI ESTAILISHMERT IN CERTAIN AREAS OF THE CITY OF ENGLEWOOD, "ADULT IRTIRTAIRMERT" BUSINESS, AS DEFINED HEREIN ARD DECLARING AR EMERCllCY. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote reeulted as follows: Ayee: Haye: Council Member• Higday, Neal, Fitzpatrick•, Keena, Bilo, Brad•&aw, Otis. None. The Mayor declared the motion carried. February 5, 1981 Page 2 COURCIL timMlll FITZPATRICK l«>VED TO RECEIVE THE FINDINGS OF FAcr FROM THI PLAlftflRC MD ZORIRC OOIMISSION CONCERNING THIS MATTER. Council Member lrad•hav ••conded the motion. Upon a call of the roll, the vote re•ulted aa follow•: Ayea: Naya: Council Me11bera Higday, Neal, Fitzpatrick·, Keena, lilo, lrad•&aw, Otis. Rone. The Mayor declared the 110tion carried. Director of ColllUnity Development Powers appeared before Council and fave teatillOfty concernina the proposed amendments. Ms. Powers teati ied the propoaed .-.ndllenta would affect areas which are zoned buain••• and induatrial diatricta and would eliminate non-conforming uaea, apecifically adult entertainment businesses. She testified the propoaed .-.ndllenta would define "adult enter- tainment" buain••••• and would prohibit the establishment of any adult entertainment bu•in••••• within 1,000 feet of: 1) another such eatabliahllent; 2) a reaidentially zoned district; and 3) any church, achool, park playaround or public building. Ma. Powers noted the ordinance waa a temporary ordinance and would be effective for aix llOfttha. Ma. Power• stated it was the re- coaaendation of the Planninf and Zoning Comnisaion that these amendments be approved by C ty Council. Ma. Powers submitted a petition aigned by approxi .. tely 663 Englewood citizens that waa submitted to the Plannina and Zoning Comniaeion'• hearing on January 27, 1911, in oppo•ition to the adult entertainment buaineaa at 4370 South Broadway. Ma. Power• atated if the ordi- nance ia paaaed the buain••• owner would have 180 days to eli- minate inventory or 110ve. Ma. Power• atated the ordinance was compatible with the goal• of the Co11prehenaive Plan. City Attorney DeWitt atated the ordinance addresses the issue of zoning. Mr. DeWitt atated the Planning and Zon- ing Conaiaaion ia concerned about what effect the subject busi- ness would have on a neighborhood. The ordinance deals with certain adult uaag•• which are not compatible with the neigh- borhood. Eatabliahmenta exiating under this ordinance would become non-conforming u••• and prohibited. Mayor Oti• aaked for thoae wishing to speak in favor of the ordinance to come forth. Don Smith, 3165 South Sherman, appeared before Council. Mr. Smith complimented the City Council, City staff and Planning and Zoning Conaiaaion for approaching the problem and putting efforts into preparing an ordinance that baa legal precedence. February 5, 1981 Page 3 Mr. Smith asked if the "non-conforming use" provision was addressed in the ordinance, which waa the 180 day termination. City Attorney DeWitt stated at the present time it was not addressed in the ordinance. Mr. DeWitt stated the provision was part of the package that Council would be considering. Mr. Smith atated he waa the spokesperson for several people who supported the ordinance. Mr. Smith expreaaed hie concerns about the length of time involved in enforcing the buaineee owner to vacate if the 180 day non-confor11in1 uae proviaion is not included. Mr. Smith stated without the proviaion it could be conceivable that the buaineaa owner could take up to a year to vacate. Mr. Smith suggested making the vacation imnediate. At thia time Mayor Oti• aaked for those people for whom Mr. Smith was speaking to come forward, state their names and ad- dressee and state whether or not they agreed with Mr. Smith's com- ments. The following people atated they agreed with Mr. Smith: NAME Mabel Goodrich Lola Metaker Leana J amiaon Mra. M. M. Suimera Scott Schaffer Bob Bell Betty Bryant Violet Cutler Rufue Bryant Glady• Travia Iaabelle Kreia•r Conrad ltreiaer Melly Johnaon Mra. G. R. Stroll Ethel Paria Myrtle Hardina Adrian Hou•• David Grullin Lynn Glenn Pat Glenn Bryan SUllller Jo Ann Witiker Paul Witiker Betty Holland Betty Jane Alexander ADDIE SS 4765 South Huron 3876 South Delaware 3202 South Cherokee 3140 South Delaware 3065 South Delaware 245 Eaat Girard 3103 South Bannock 147 W. Dartmouth Ave. 3103 South Bannock 3333 South Lincoln 4120 South Elati 4120 South Elati 3333 South Lincoln 3025 South Corona 3333 South Lincoln 3333 South Lincoln 3190 South Grant (business) 3190 South Grant (business) 4090 South Pearl 4090 South Pearl 3368 South Pennsylvania 4500 South Galapago 4500 South Galapago 3140 West Saratoga 6342 West Rowland Circle February 5, 1981 Page 4 NAME ADDRESS (cont'd) Olin Schuster 4536 South Sherman I Mary Schuster 4536 South Sherman Mary Ellen Bowman 4524 South Sherman Kenneth Bowman 4524 South Sherman Elizabeth Anderaon 3221 South Galapago Stewart Anderaon 3221 South Galapago Betty Acker 3140 South Delaware Barbara Blair 4409 South Bannock Don Blair 4409 South Bannock Shirley Hudaon 4783 South Bannock Judy McGruder 4660 South Galapago Debby Blombera 4527 South Lincoln Harlan Schrader 3826 South Lincoln Bryon Bauth 3103 South Downing Harry McCrtm 4730 South Washington Bill Kavalia 4565 South Galapago Lee Fowler 3926 South Pennaylvania Rope Da,oon 2875 South Sherman Barbara urget 4108 South Inca Wayne Burget 4108 South Inca Helen Lorenz 4525 South Pearl David Meahahi 3311 South Broadway (business) (In reaponae to Council Member Real'• question, Mr. Meahahi 1tated the 1ubject e1tabli1hment is a threat to bu1ine11e1 in the Enflewood and in terma of zoning it would have a detrimenta effect on the rest of the busi- neaaea in Englewood) Shi Derick 3245 South Downing Virginia Smith 3165 South Sherman Lawrence Willia 3012 South Broadway (business) Bill Taylor 4350 South Pennsylvania Council Member Ri,daJ aaked City Attorney DeWitt to ex- plain the implication• of 1 0 aay clause that Don Smith referred to earlier. City Attorney DeWitt atated Mr. Smith indicated the 180 day non-conforming te1'11ination clau1e would effectively terminate on the day that t&e ordinance terminated. There might be another running of the 180 day• fr011 then on which would be a year period for the non-conforming ter11inating clauae to be effective. Mayor Otia atated he waa looking to a permanent ordinance to be put before Council in 90 day• which would be well before the 180 day period ha• paaaed. Mayor Otia aaked for the next peraon wishing to speak in favor of the propoaed ordinance. February 5, 1981 Page 5 Marjorie Becker, 644 I. Yale Place, appeared before Council. Mra. Becker aave teatillOfty in that ehe agreed with Mr. Smith'• earlier co enta. She urged Council to act expedi- tioualy gettina a permanent ordinance againat adult entertain- ment buaine••••· Reverend S•ith, Pirat laptiat Church, 3170 South Broad- way, appeared before Council. leverend Smith gave testimony that the buaineaa had a detrimental effect on the neighborhood and re- lated aeveral incidence• that happened at the church eince the buaineee moved in. Reverend Smith atated he agreed with Don Smith and urged Council not to delay action on this matter. Tim Arabahl, buaineaa owner at 4509 South Broadway, ap- peared before Council. Mr. Arabahl gave testimony that the since the adult entertain-.nt buaineaa moved in the area hae gone down- hill and cautioned there would be a continuous downgrade trend if the bueine•• waa allow to atay. Ja .. • Copeland, buaineaa owner at 4595 South Broadway, appeared before Council. Mr. Copeland gave testimony that he underatood the City Attorney'• poaition but felt Council should aeeert itaelf and 10 with what the citizens believe in and not with legialation tiat they think will go through. Mr. Copeland deecribed how the ahopa and people who work in the area have be- come frightened. Ji• Jeff era, owner of Lock & Key, 4371 South Broadway ', appeared before Council. Mr. Jeffera gave teetimony that his buain••• waa located aero•• frOll the adult entertainment busi- ne•• and that pel"lliaaion to allow the book atore to remain was juat aaking for people to put bare on buaineaeea and homes. Geora• Hall, 4291 South Pearl, appeared before Coun- cil. Mr. Hall gave teatillOfty that he agreed with Don Smith and auggeated looking into the vreckina yard ordinance for research purpo•••· Adrian Rouae, Firat Chriatian Church, 3190 South Grant ', afpeared before Council. Mr. Houae gave teatimony coDIDending the C ty Council for their cOllllllnity concern in this effort. Mr. House atated the adult entertainment buain••• waa not conducive to a family coallllnity and there waa no proven reaaon of any social value for it• existence. Barbara Blair, 4409 South Bannock, appeared before Council. Mre. Blair gave teatimony expreaeing appreciation for Council'• effort• for thia legialation. Ma. Blair stated she February 5, 1981 Page 6 felt Englewood ie a good neighborhood to raise her children and to allow the adult entertain .. nt buaineas to remain would pro- mote vandalism and other crime. Judy McGruder, 4660 South Galapago, appeared before Council. Mrs. McGruder teatified that ahe waa appauled that few parent• were at the meeting and, further, that teenagers were hard enough to raise, let alone having adult book store influence nearby. Debbie Blomberg, 4527 South Lincoln, appeared before Council. Mrs. Blomberg teatified that ahe felt people who visited the adult book •tore would leave magazine• and paraphernalia in the neighborhood parka, like they leave newapapers. Mrs. Blomberg stated that the 1,000 feet prOllixity for the location of the book store to a church and achool waa too clo••· Council Member Higday aaked Police Chief Holmes if he had increased the patrol in the vicinity of the book store. Police Chief Robert Holme• appeared before Council. The Chief testified that patrol had increaaed and further testified to the legislation under which he can enforce policing in this area. Chief Holme• atated it had been hie experience that in every sex-related caae that he or hi• officers have investigated 1, that the perpetrator ha• been ati1Mllated by pornography. However', if the pornography waa not available, he did not know if the crime would have been co1111itted. Chief Holmea continued to state how strongly he felt the need for public protection in this matter. Council. Lee W. Fowler, 3926 South Pennaylvania, appeared before Mr. Fowler gave teatimony in aupport of the ordinance. Mayor Otia declared a rec••• at 8:25 p.m. The Council reconvened at 8:40 p.m. Maior Oti• aaked for roll call. Upon a call of the roll, the fol owing were present: Council Member• Hifday, Real, Fitzpatrick, Keena ·, Bilo, Bradahaw, Ot •· Absent: None. The Mayor declared a quorwn preaent. Mayor Otis aaked for further co1111ente from the audience who wished to speak in aupport of the ordinance. Ellen Veleaquez, 80 Eaat Tufte Ave., appeared before Council. Mre. Velesquez gave teatimony that ahe felt the child- ren would learn enough frOll the "atreet•" without going to a February 5, 1981 Page 7 adult book store. She atated ahe waa afraid to walk home from work which waa only a block away. She hoped the ordinance would be made permanent and that no more adult book stores would be permitted. Bill Taylor, 4350 South Pennsylvania, appeared before Council. Mr. Taylor gave teatimony that he waa appearing on behalf of hia daughter. He told of an incident in which someone tried to break into and enter hie houae and conmended the police for the swift reaponae to hia call. Mr. Taylor asked Council to keep the adult entertainment buaineaaea from coming into the City. There were no further conments from the audience in support of the ordinance. Mayor Otis asked if anyone wanted to speak against the ordinance. No one responded. Council Member Higday entered into the record letters from Cindy Rausch -no address, and Nancy Conklin, 4795 South Kalamath, both in support of the ordinance and protesting the existing adult book store. COUNCIL MEMBER BRADSHAW !l>VED TO CLOSE THE PUBLIC HEAR- ING. Council Member Bilo aeconded the motion. Upon a call of the roll, the vote reeulted aa followa: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradahaw, Otis. Rone. The Mayor declared the motion carried. ORDINANCE RO. 21 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 20 IRTIODUCED BY COUNCIL MEMBER BRADSHAW AN ORDIRARCE AMDDIRC alAPTll 22 CORSTITUTIRG THE COMPREHENSIVE ZONING OIDI1'ARC! POI THI CITY or DCLIYOOD, COLORADO, ORDINANCE RO. 26, SERIES or 1963, AS AMIRDED, BY ADDI1'C SECTIONS 22.4-10 h.~ 22.4-11 h., 22.4-13 k., 22.14 i., TEMPORARILY PROHIBITING THE ESTABLISHMERT IR C!RTA11' AUAS or THE CITY OF ENGLEWOOD "ADULT ENTERTAIRMERT" BUSIRESS AS DlrlRED HEREIN ARD DECLARING AN EMERGENCY. February 5, 1981 Page 8 COUNCIL MEMBER BRADSHAW l«>VED TO PASS COUNCIL BILL RO. 20, SERIES OF 1981, OR FIRAL READIRG. Council Member tceena seconded the motion. COUNCIL MEMBER FITZPATRICK ll>VED TO AMEND THE MOTION BY ADDING TO THE ORDINARCE 22.6-11 ''ROR-COBFOIMING USES TO TERMI- NATE 180 DAYS" AS SECTIOR 10. Council Member tceena seconded the motion. Upon a call of the roll, the vote on the amendment re- •ulted a• follow•: Aye•: Nay•: Council Members Higday, Neal, Fitzpatrick, Keena, lilo, lrad•haw, Otis. Rone. The Mayor declared the motion carried. City Attorney DeWitt comnented on the rationale behind the City'• effort• to make the propo•ed amendments responsible and effective legislation that would pa•• in Court. The temporary or- dinance wa• a "•top gag" measure to provide research time to pre- pare a permanent and successful ordinance. Mr. DeWitt spoke on what other cities throughout the United States have done along this line. Mayor Otia called for a vote on the orifinal motion. Upon a call of the roll, the vote re•ulted aa fol owe: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick1, tceena, lilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * Council thanked the people for coming to the meeting and expreaaing their opinion•. COUNCIL MEMBER HIGDAY l«>VED TO ADJOURN THE MEETING. Mayor Otia adjourned the meeting without a vote at 9:05 p.m.