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Home My WebLink About1997 Ordinance No. 081-.. ~ . '• ORDINANCE NO. fj_ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 88 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING ORDINANCE NO. 50, SERIES OF 1997 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES . WHEREAS, the Englewood City Council passed Ordinance No. 50, Series of ~997 on June 16, 1997; WHEREAS, in a subsequent Court action by a licensed Temporary Service, the Court found that an immediate cessation of business would cause irreparable harm to those businesses; and WHEREAS, the testimony at the hearings was that it would take from two to twenty- four months to move that place of business; and WHEREAS, the City finds that it is in the best interest of the citizens and businesses of the City to allow some time for the affect ed businesses to close; and WHEREAS, the Engelwood Planning and Zoning Commission and the Englewood City Council have previously determined that temporary employment services are not compatible with B-1 and B-2 uses; and WHEREAS , the Englewood Planning and Zoning Commission and the Englewood City Council have determined that temporary services were uses that were never allowed in the B-1 and B-2 districts and therefore would not be a nonconforming use; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Ordinance No. 50, Series of 1997 by the addition of a new Section 12, changing the effective date of the Ordinance, which shall read as follows : Section 12 . TEMPORARY EMPLOYMENT SERVICES USES MUST BE TERMINATED: Any licens ed T emporary Employment Service in a B-2 District on the effective date of this Ordinance, as amende d, must terminate that use: (i) at the end of the current period of their license, or (ii) within one hundred eighty (180) days from the effective date of this Ordinance, as amended, which.;·;er event occurs first. There is no right to maintain t:!:ie use after that date and said use shall terminate and cease to exist and shall no longer be operated or maintained, unless an extension of the use is granted by the Planning and Zoning Commission . The Planning and Zoning Commission may extend the use for a period of one hundred eighty (180) days upon a showing of unnecessary and substantial hardship by the person requesting the extension. This use may be granted no more than three (3) extensions and these uses must terminate, at the latest, after the initial one hundred eighty (180) day period and three (3) extensions thereof. 10 bi Section 2. The City Council of the City of Englewood, Colorado hereby amends Ordinance No. 50 , Series of 1997 by the addition of a new Section 13 , which shall read as follows : Section 13. No compensation shall be paid to a Temporary Employment Service unless the City of Englewood is ordered to pay such amount by a Court of competent jurisdiction. Introduced, read in full , and passed on first reading on the 6th day of Octob er , 1997 . Published as a Bill for an Ordinance on the 9th day of October, 1997. R ead by title and passed on final reading on the 20th day of October, 1997. Published by title as Ordinance No.fl_, Series ofl997, on the 23rd day of October, 1997. ~ I Thoma J. Burns, Mayor I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy ,.qf the Ordinance passed on fi n al reading and published by title as Ordinance No. '{L, Series of 997 . 2 • ··' MEMORANDUM TO: Mayor Burns FROM : Englewood Council Member/l Dan Brotzman, City Attornj rV~ October 15 , 1997 l DATE: REGARDING: Coun ~il Bill No. 88 -Amended. Changes have been made to C.B. 88 pursuant to the attached letters; however, these changes are technical, not substantive and therefore C.B . 88 may go forward on second reading. Attachment DB/nf 17,\. . ~:{~. Pnnted on Recycled Pape r .~-· SE\T BY:45TH FLOOR ;10 -15 -97 ;I1:44AM DAVIS GRAI"iAM STUBBS~ 762230 0;# 2 ! 3 '·- DAVIS, GHAE:AM & STUBBS LLP A LIMITICD LIAalLITY .... .,. .. 1:111s ... u• SUITt.'. 4700 OAVIO A. HAMMOND 13031 8S2-732.3 tJ•~id.nammond@dg.iaw.t:0m ~70 Sr;vENTEENTH STllfE~ c:11i=:NVE-", eo1...o"'"'oo oozo;: W•lt..lflrtG ADDACSS I~" 19"" STlltEET, ... w. '*A$"0U)TVN, 0 .C . ZDQM TELZl"',.ONI: ZOZ•9H•8880 FAC:SI M U .. £ zo~·••.J .... 79• Via Facswme Daniel L. Brotzman, Esq. City Attomey City of Englewood 3400 S. Elati Street Englewood, CO 80110 POST Ol'l"ICE llOlC 1as Ci:NVl:R, COLOAAOO GOO!Ot-Otes TCLl:IJNONI: ~Q.>-882-9400 TEL&X 411,1.1.2_.: U<)e DY .. UD P'AC:SIMIU: l0l-il~·IJ79 C:A1141C QAVOllfA•, DENVCa October 15, 1997 Re: Peak!oa£i Inc. of America. et al, v. City of Englewood. Colorado. et aL District Court. Arapahoe County, Case No. 97CVI668, Division 3 Dear Dan :· This will advise you that Peakload Inc. and J.H. Dowdy Land Partnership will not object to the passage of the amended ordinance if: (i) the changes requested below whic h yo u and I discussed on Friday are made; and (ii) Peakload's temporary employment service li.:ense is renewed ~d extended until May 23, 1998 before the City Council passes the amended ordinance.· following :. Please delete the first sentence of the new Section 12 and replace it with the Any fo:;cus,;;cl Temporary Employment Service in a B-2 District on the effective date of tbis Ordinance, as amended, must tcmiinate that use: (i) at the end of the , SE\T BY:45TH FLOOR ; 10-15-97 ; 11 :44AM ; DAVIS GRAHAM STUBBS-. 7622300;# 3 / 3 . October I?, 1997 Page2 current period of its license or (ii) within one hundred eighty (180) days from the effective date of this Ordinance, as amended, whichever is later. Very truly yours. D~}!J~ for DA VIS, GRAHAM & STUBBS llP ' DRH:pj cc: Thomas M. Dunn, Esq. (via facsimile) DILL DILL O\RR STONBRAKER & HUTCHINGS (l.m·~ w . CJ1, )oiw> ). C:...-s H. Ali• Oil Rat.rt A. OiU n........M Oum ~liwt A HlllCll"'l;S October 15, 1997 Daniel L. Brotzman, Esq. A PROFESSIONAL CORPORATION l'.TIORNEYS AT l.AW VIA FAX Fax No. 762-2331 Confirming Hard Copy To Follow City Attorney -City of EngJewood 3400 So. Elati St. Englewood, CO 80110 RE: Printers Personnel, Carlene Walker And Merritt Bigelow 2911 South Broadway, Englewood, CO Dear Dan: l~•~ ~lnc'.11 l<..iyi·• F~y M M.11\.,.~•··· uwyPa~ 1on Sconb«llT.T Cri1; f\ 51<..,. .. f'llnck o. r,~·ry LOn 1\nn Y. ru~I f have had the opportunity to review the proposed ordinance on temporary employment services with my client. You have indicated that the City is agreeable to the language as proposed by David Hammond wherein the amortization time period will extend to the end of the current license period or within one hundred eighty ( 180) days from the effective date of the ordinance, "whichever is later". This, then, will extend the time period for my client to operate her employment service up to May 23, 1998. You aJso indicated that the City of Englewood would grant a new license to my client to authorize her to operate a temporary employment agency up to t he date of May 23, 1998. Similar to Peakload, it is our request that Printers Personnel Temporary Employment Service's license be renewed and extend ed until May 23, 1998 before the City Council passes the amended ordinance . With that understanding, we will not object to the new ordinance . Ple as e contact me immedjatefy if this letter misstates the proposed changes to t h e proposed ordinance. Very truly yours, Jl01LPA-7A · A}u,__,_ /re. Thomas M. Dunn TMD:ve cc: Carlene Walker (DICTATED BUT NOT READ AND SIGHE D IN HIS ABSENCE TO AVOID DELAY IN DELIVERY) 455 Sf1ERMr\N STREET, SUITE .mo I DENVER , COLORADO 80203 I r-AX (3 03) 777-3823 I 1303) 777·37"37 E·~il : dlllndill@.al.c:om TOTAL P.02 \ • COUNCIL COMMUNICATION Date Agenda Item Subject October 6, 1997 C.B. 88 -A Bill for an Ordinance amending 10 a v Ordinance No. 50, 1997. Initiated By Staff Source City Attorney City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood City Council passed Ordinance No. 50, Series of 1997 on June 16, 1997. In a Court action by a licensed temporary service , the Court found that an immediate cessation of business would cause irreparable harm to those businesses. The testimony at the hearings was that it would take from two to twenty-four months to move this type of business. The Engelwood Planning and Zoning Commission and the Englewood City Council have previously determined that temporary employment services are not compatible with B-1 and B-2 uses. The Englewood Planning and Zoning Commission and the Englewood City Council have determined that temporary services were uses that were never allowed in the B-1 and B-2 districts and therefore would not be a nonconforming use. The City finds that it is in the best interest of the citizens and businesses of the City to allow some time for the affected businesses to close. RECOMMENDED ACTION Adoption of a Bill for an Ordinance adding an amortization period to Ordinance No. 50, Series of 1997. FINANCIAL IMPACT Should eliminate claims of action and current litigation. IJST OF ATTACHMENTS Bill for an Ordinance