HomeMy WebLinkAbout1982-01-18 (Regular) Meeting Agenda•
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City Council Meeting-Regular
January 18, 1982
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CITY COUNCIL MEETING
J anuar _ _lh..l?...::.8=2 _______ _
RESOLUTION I .3, , Y: , 7,
ORDINANCE I 3 , 4, 5, 6, 7
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REGULAR MEETING:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
January 4, 1982
(o-
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on January 4, 1982, at
7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Council Member Thomas
Fitzpatrick. The pledge of allegiance was led by Boy Scout
Troop #92.
Mayor Otis asked for roll call. Upon a call of the
roll , the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Absen t: None.
The Mayor declared the motion carried.
* * * * * *
Also present were : City Manager McCown
Assistant City Manager Wanush
City Attorney DeWitt
Deputy City Clerk Watkins
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Council M mber Bradshaw noted corrections to the minutes
regul r meeting of December 21, 1981. Ms. Bradsh w noted
them ting djourned at 8 :50p.m. not 8 :40p.m.; and that substi-
tut pag 16 w received corr cting the first par gr ph, first
lin rom "Assi tant City Man ger McCown" to"Asslstant City M nager
Wanush ".
COU CIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE
REG ULAR MEETl G OF DECEMBER 21, 1981, AS AMENDED. Council M mber
Fitzp tr ck econd d the motion. Upon a c 11 of th roll, th vot
r ult d • ollow
Ay
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Council M mbers Higday, N al, Fitzpatrick,
Bilo, Bradshaw, Otis.
Non •
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January 4, 1982
Page 2
Abstain :
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Council Member Keena.
The Mayor declared the motion carried,
* * * * * *
Council Member Keena gave comments before leaving her
position on City Council. Ms. Keena thanked the citizens for
demonstrating interest and concern for their neighborhood; the
Englewood Coal i tion , in particular Bob Brundage, for encouraging
her t o run fo r Coun ci l ; the press for good coverage; the City
staff for confirming the good work she knew they would do; and
fellow Council members for both individual support and concern
for a better community. Ms. Keena wished the new Council well
and stated it was an honor to serve the City and its citizens.
* * * * * *
Deputy City Clerk Watkins read the names of eligible
newly-elected Council Members who were John Neal -District II ;
Robert Weist -District IV ; and Joe Bilo -At Large.
City Atto rney DeWitt introduced the Honorable George B.
Lee, Arapahoe Co un ty District Court Judge, who then administered
the o ath o f o f fice to J ohn Neal -District II; Robert Weist -Dis-
tr ict I V; J oe Bilo -At Larg e ; and to Louis Parkinson, Municipal
Cou r t Judge -elect . Tem p o r a r y s e ats were assumed.
* * * * * *
Mayor Otis asked for ro l l ca ll. Upon a call of the
roll, the following were present :
Counc i l Members Higday, Nea l , Fitzpatrick , We i s t ,
Bilo , Bradshaw , Otis .
Absent : None.
The May o r declared a quorum present .
* • * * • *
Ma yor Otis asked for nomi nations for May or .
COUNCIL MEMBE R HIGD AY MOV ED TO NOMINATE EUGE NE OTIS AS
MAYOR TO SE RVE FO R THE REMA I ND ER OF HIS PRESENT TE RM. Council
M mber Bilo se co nded the motion .
Th r w r no furth r no minations •
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January 4, 1982
Page 3
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal , Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
Mayor Otis declared the motion carried and resumed the
position of Mayor for the City of Englewood.
* * * * * *
Mayor Otis asked for nominations for Mayor Pro Tem.
COUNCIL MEMBER FITZPATRICK MOVED TO NOMINATE BEVERLY
BRADSHAW AS MAYOR PRO TEM. Council Member Higday seconded the
motion.
There were no further nominations.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo , Bradshaw, Otis.
None.
The Mayor declared the motion carried and Ms. Bradshaw
resumed her position as Mayor Pro Tem.
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The Council assumed permanent seating assignments.
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Mayor Otis presented a plaque to Council Member Keena
as a token of appreciation for serving on the Council.
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Council Members recognized their families and /or friends
in the audience. Council Member Neal's family was absent due to
illness.
tiona.
Muni cipal Court Judge Parkinson declined to make re cogni-
Mayor Otis recognized former Mayors Taylor and Senti who
wer in the udienc •
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January 4, 1982
Page 4
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Mayor Otis declared a recess at 7:55 p.m. for the pur-
pose of allowing people in the audience time to visit with the
old and new members of Council.
Council reconvened at 8 :10 p.m. Mayor Otis asked for
roll call. Upon a call of the roll, the following were present :
Council Members Higday, Neal, Fitzpatrick, Weist,
Bilo, Bradshaw, Otis,
Absent : None.
The Mayor declared a quorum present.
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO DESIGNATE THE ENGLEWOOD
SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Council
Member Neal seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Weis t, Bilo, Bradshaw, Otis,
Nays : None.
The Mayor de clared the motion carried.
* * * * * *
Mayor Otis read the names of Council Membe rs appointments
to Boards and Commissions:
Englewood Downtown Development
Firemen's Pension Board
Housing Authority
Parks & Recreation Commission
Authority -John Ne al
Mayo r Otis
Mayor Pro Tem Bradshaw
Mayor Pro Tem Bradshaw
James Higday
Polic m n's Pension Bo rd Mayor Otis
Non-Em rgency Employees Retirement Bd. John Neal
Mr. Ne al stated he had served on this board for approximately
4 years. He asked to withdraw due to the number of meetings
h would be required to attend with the EDDA.
Urb n Ren wal Authority Thom s Fitzpatrick
Water & Sewer Board Thomas Fitzpatrick
Mayor Otis
School & City Joint Committe
James Higday
Joseph Bilo I • •
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January 4, 1982
Page 5
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COUNCIL MEMBER HIGDAY MOVED TO APPOINT JOHN NEAL AS THE
COUNCIL DESIGNATE TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY.
Council Member Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes :
Nays :
Abstain:
Council Members Higday, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
Council Member Neal.
The Mayor declared the motion carried.
COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT JOSEPH BILO
TO THE SCHOOL & CITY JOINT COMMITTEE. Council Member Higday sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
COUNCIL MEMBER BRADSHAW MOVED TO APPOINT JOSEPH BILO
AS THE DESIGNATE FOR DENVER REGIONAL COUNCIL OF GOVERNMENTS.
Council Member Neal seconded the motion. Upon a call of the
roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weis t, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried .
COUNCIL MEMBER BRADSHAW MOVED TO APPOIN T ROB ERT WEIST
AS THE ALTERNATE DESIGNATE FOR THE DENVER REGIONA L COU NCIL OF
GOVERNMENTS. Council M mb r Fitzpatrick second d the motion.
Upon a call of th roll, th vote resulted as follows:
Aye Council M mbers Higday, N al, Fitzpatrick,
W ist, Bilo, Bradsh a w, Ot is .
Nay Non •
Th Mayor declar d the motion carried • I • •
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January , 1982
Pa e
COUNCIL MEMB ER BILO MOVED TO APPOINT ROBERT WEIST TO
THE NO -EMERGENCY EMPLOYEES RETIREMENT BOARD REPLACING JOHN NEAL.
Council Member Neal s econded the motion. Upon a call of the
roll, h vote resulted a s fo llows :
were :
Ayes :
Nays :
Co uncil Members Higday, Neal, Fitzpatrick,
Weist , Bilo , Bradshaw, Otis.
None.
The Ma yor declar e d the motion carried,
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Th er e were no pr e-scheduled visitors .
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Th er e we r e no other visitors at this time.
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"Communications -No Action Recommended" on the agenda
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Minutes of the Board of Career Service Com-
miss i oners meeting of November 19 , 1981.
Minu t es of the Liquor License Authority meeting
of De c ember 2, 1981.
Minu te s of the Public Library Board meeting
of Decemb er 8 , 1981.
Minutes of the Water and Se wer Bo a rd me e ting
of December 8, 19 81.
Minute of the Do wn town Development Authority
mec ing of D c mber 9, 1981.
M mor ndum from Councilman Fitzpatrick to
Members of City Council concerning his at-
tend nee at the National League of Cities
Conf r nc •
M mor ndum from Mayor Pro Tern Bradsh w to
M mber of City Co uncil concerning her t-
t ndanc t the National Leagu of Citi s
Confer nc . I • •
January 4, 1982
Page 7
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City Manager McCown stated "Communications -No Action
Recommended" (d) was misplaced and required Council action. Mr.
McCown stated Assistant City Manager Wanush had information on this
item.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS-
NO ACTION RECOMMENDED" AGENDA ITEMS (A) -(G) DELETING (D). Coun-
cil Member Bilo seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Assistant City Manager Wanush presented (d) the minutes
of the Water and Sewer Board meeting of December 8, 1981. Mr. Wanush
discussed first the Council Communication concerning Supplement No. 92
having to do with annexation of additional land into Southgate Sani-
tation service area.
COUNCIL MEMBER HIGDAY MOVED TO APPROVE THE ANNEXATION OF
SUPPLEMENT NO. 92 INTO SOUTHGATE SANITATION SERVICE AREA. Council
Member Fitzpatrick seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
Th Mayor declared the motion carried.
* * * * * *
Assi t nt City Manager Wanush discussed the portion of
the W er nd S w r Board minutes regarding a letter from EMKay
D velopment Corporation proposing an xchange of certain parcels
of 1 nd locat d at the w stern boundary of the City's land at
MeL 11 n R rvoir nd the astern boundary of the SouthPark de-
v lopm nt propos d by EMKay. The parcels of land are proposed
for exch ng to v n out the jagged boundary that now exists.
ln total, an qual amount of land will be given and received by
each p rty. Mr. W nush stat d th Board was recommending approval
of th land xchan
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January 4, 1982
Page 8
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COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT-
TORNEY TO PREPARE DOCUMENTS FOR COMPLETION OF LAND EXCHANGE.
Council Member Fitzpatrick seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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Assistant City Manager Wanush discussed the portion of
the Water and Sewer Board minutes regarding a letter from EMKay
Development Corporation requesting that Englewood approve certain
minor cuts and fills for the purpose of facilitating construction
of a road in the SouthPark Development. Mr. Wanush stated it
would not present any problems for Englewood as far as the opera-
tion of McLellan Reservoir is concerned. In return, EMKay has
proposed that they install a six foot chain link security fence
with three strands of barbed wire on top to help alleviate Engle-
wood's security problem on the property boundary.
COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY
ATTORNEY TO PREPARE THE DOCUMENTS APPROVING EMKAY'S REQUEST.
Council Member Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weis t, Bilo, Bradshaw, Otis.
None.
The May or declared the motion carried.
ORDINANCE NO. 1
SERIES OF 1982
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BY AUTHORITY
COUNCIL BILL NO. 95
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN
BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ACCEPTANCE OF AN EASE-
MENT, ESTABLISHING CONDITIONS FOR SAID VACATION OF ALLEY •
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January 4, 1982
Page 9
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COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL
NO. 95, SERIES OF 1981 (O RDINANCE NO. 1, SERIES OF 1982) ON
FINAL READING. Council Member Bilo seconded the mot ion. Upon
a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Abstain :
Council Members Higday, Neal, Fitzpatrick,
Bilo, Bradshaw, Otis.
None.
Council Member Weist.
The Mayor declared the motion carried.
ORDINANCE NO. 2
SERIES OF 1982
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BY AUTHORITY
COUNCIL BILL NO. 94
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE VACATING A TURNING RADIUS NO LONGER REQUIRED DUE TO
A CHANGE IN ALIGNMENT OF NAVAJO STREET, LYING AND BEING WITHIN
THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 94, SERIES OF 1981 (ORDINANCE NO. 2, SERIES OF 1982) ON FINAL
READING . Council Member Bradshaw seconded the motion. Upon a
call of the roll , the vote resulted as follows :
Ayes :
Nays:
Abstain :
Council Members Higday, Neal, Fitzpatrick,
Bilo , Bradshaw, Otis.
None.
Council Member Weist.
Th Mayor decl red the motion c rried.
RESOLUTION NO. 1
SERIES OF 1982
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A RESOLUTlON AMENDING THE GENERAL FUND.
City Attorn y D Witt not d the r solution concern d addi-
tion 1 p raonn 1 r quir d in th d v lopment of th downtown ar a. I • •
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Jan u ar y 4, 1982
Page 10
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COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 1,
SER I ES OF 1982. Council Member Higday seconded the motion. Upon
a call of the roll , the vo te resulted as follows :
Ayes : Council Members Higday, Neal, Fitzpatr ick,
We i st , Bilo, Bradshaw, Otis.
Nays : None.
The Mayor declared the motion carried.
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RESOLUTION NO. 2
SERI ES OF 1982
A RESO LUT I ON ESTAB LISHING ANNUAL SALARI ES FOR THE CI TY MANAGER,
CI TY ATT ORN EY, MUNICI PA L COURT JUDG E AND ASSOCIATE JUDGES FOR THE
CALE NDAR YEAR 1982 .
COUNCIL MEMBER FITZ PATRICK MOVED TO PASS RESOLUTION
NO. 2, SE RIES OF 19 82 , WITH TH E FOLLOWING SALARIES :
CITY MANAG ER
CITY ATTO RN EY
MUNICIPAL COURT JUDGE
ASSOCIATE JUDGE
$ 51,000
43,000
38,775
250/DAY
Council Member Bradshaw seconded the motion . Up on a call of the
roll, the vot r sulted as follows :
Ayes : Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Nays : Non
The yor d cl r d the motion carri d.
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City Attorn y D Witt pres nt d a grant of sew r line
ae ment wi h G n r 1 Iron Works.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE GRANT. Coun-
cil M mber Fitzpatrick second d the motion. Upon call of the
roll, th vot r eult d follows : I • •
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January 4, 1982
Page 11
Aye s :
Na y s :
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Council Memb ers Higday, Neal, Fitzpatrick,
Wei s t, Bi l o, Bradshaw, Otis.
Non e.
The Ma yo r dec lared the motion carried.
* * * * * *
City Attorney DeWitt informed Council in the Fugate
matter , certain demolition costs amounting to $11 ,000 were not
included in the figure Mrs. Fugate had previously submitted. Mr.
DeWitt stated he has asked for a proposal that would be binding
on Mrs. Fugate until January 20, 1982, so Council can consider
the matter at the next regular meeting. To his knowledge, Mr.
DeWitt stated Mrs. Fugate would not sign the contract because the
dollar amount was in error.
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City At t o rney DeWi tt stated the City and County of Denver
has re quested of the Supreme Court a leave to file an amicus curiae
brief regarding the constitutionality of the City of Englewood's
resisting arrest o rdinance. Mr. DeWitt stated he assumed the Su-
preme Court wou l d approve t he r equest ; and added it was done at
the s o lici t a t i on o f his of fice .
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Cit y Atto rney DeW itt in formed Coun c il t hat attorneys repre-
s enting After The Fo x have fi l ed a mo tion in the Colorado Court of
Appeals for extension of time in their c ase with respect to the stay.
* * * * * *
City Attorney DeWitt informed Council tha t in t h e matte r
of Mann vs. th City, Mr. Mann'8 attorney has file d a motion for re-
consideration by the Judge. Hr . De Witt stated t h e case may
b appe led to th District Court or possibly th Supreme Court.
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City H nager McCown presented a Council Co mm unication
concerning the bid for golf carts. Mr. McCo wn stated t h e b est
bid was from Boyd Distributin Company with a bid of $120,000
le s 3% if p id within 10 d ys of each d livery dat of Ap ril 1,
1982 nd Jun l, 1982, making th bid in the mount of $116,594
and the low at on submitt d • I • •
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January 4, 1982
Page 12
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COUNCIL MEMBER BILO MOVED TO APPROVE AND AWARD THE BID
FOR GOLF CARTS TO BOYD DISTRIBUTING COMPANY, INC., IN THE AMOUNT
OF $116,594 ; THIRTY-FIVE (35) CARTS TO BE DELIVERED BY APRIL 1 ,
1982, AND FIFTEEN (15) CARTS TO BE DELIVERED BY JUNE l, 1982.
Cotutcil Member Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Mayor Otis welcomed Robert Weist, newly elected Council
Member -District IV, to the Council.
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COUNCIL MEMBER HIGDAY·MOVED TO AUTHORIZE THE HIRING
OF ADDITIONAL LIBRARY PERSONNEL REQUESTED BY DIRECTOR SHARON
WINKLE'S DECEMBER 23, 1981 MEMO; AND THAT IF POSSIBLE, THE COST
BE ABSORBED IN THE CURRENT BUDGET; AND IF NOT, THAT THE DIRECTOR
COMES BACK TO COUNCIL WITH A RECOMMENDATION. Council Member Brad-
shaw seconded the motion. Upon a call of the roll, the vote re-
sulted as follows:
Ayes :
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Council Member Bilo discussed purchasing property
near Centenni 1 Park; namely the Hall property.
Council instructed the City Attorney to prepare a
resolution for consid r tion of the purchase.
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Council M mb r Br d haw discussed proposing a method
for mont r c iv d from p opl who want to give in the names
of th Parka & Re cr ation Commission • I • •
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January 4, 1982
Page 13
Council decided to discuss this matter in a study
session.
City Manager McCown stated he has asked Director of
Parks and Recreation Romans to prepare a transmittal from the
Commission for Council's consideration on this subject.
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There was no further business to be discussed.
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
Mayor Otis adjourned the meeting without a vote at
8 :45 p.m •
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, '1~ V tw /!wff~
1., 1 , r d-ROLL CALL
r;:J£ fIll .
Moved Seconded Ay es Na y Absent Ab s tain
Higday
Neal
Fi tzoatrick
Weist
Bi lo
Bradshaw
Otis
J 7;(.. (;l tl
~ /J ;_tl
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• •
• -
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ROLL CALL
Abstain Ayes Nay Absent Seconded Moved
Higday /./'
Neal v
Fitzpatrick /...--
Weist 1---
Bi lo ~
Bradshaw [.,--
Otis £--
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• -
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ROLL CALL
Moved Seconded Ay~ Nay Abs ent Ab stain
H_igday
Neal
v Fitzpatrick I
Weist I
Bi lo I
{/ Bradshaw I
Otis I
(
I tL--.
I .
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• -
•
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ROLL CALL
Abstain
Moved Seconded Ayes Nay Absent
"""Krgifay
Neal
Fitzpatrick
Weist
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent
H1gday
Ne<il
Fitzpatrick
Weist
Bi lo
Bradshaw
Otis
( t· I r (I l {1 t )
I_
J'"J.;
()
""' /)) cl /] r 1 <)-::_
·j .( d r I { /)l -I
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Ab s t a in
,'1") tt (,,.)
(• 1-.? /
( !u)
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• -
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ROLL CALL
Moved Seconded Ayes Nay Absent Ab s tain
....... Higday
Neal
Fltzoatrick
Weist
Bi lo
1/ Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Na y Absent Abstain
Higday
Neal
Fitzpatrick
Weist
Bi lo
Bradshaw
Oti s
~;, jJJ!( (_ ·,,-v ' ;t..._(' f))l. )')'l_, ,._ <'1. tf' ( t_ -t1GJ
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(' ~~ j'LL.~<:..-
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[,</"\ /
) I t j1 L J -1 J7_
/)(t.. ~~LA. A )
..... I
I . .
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent
'-...
Ab s tai n
Higday ' Neal I
<.....-Fitzoatrick I
Weist I
Bi lo l
<../ Bradshaw I
Otis \
"
I • •
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• -
• •
ROLL CALL
Moved Seconded ~s Nay Absent Abstain
Higday
Neal
v--Fitzpatrick
Weist I .._.... Bi lo _l
Bradshaw I
Otis I
\
(
• I • •
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Moved
I./'
•
ROLL CALL
Seconded
Higday
t..--Neal
Fltzoatrick
Weist
Bi lo
Bradshaw
Otis
{ire f
,{)) ~
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Ayes Nay Absent Abstain
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Moved Seconded Ayes N ay Absent Abstain
-l ..J ..J ...!..!.'='!!. I
Nea..!.
Fi tU!_atrick
Weist
Bi lo
I Bradshaw -J. J. Otis
-
I () Jt l
{
I
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Na y Absent Abstain
v Higday
NeaT
Fitzoatrick
Weist
Bi lo
Bradshaw
Otis
I • •
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• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Ab sta i n
H 1 qcav \
.._/' Neal I
Fi tzoatrick I
Weist 7
../ Bi lo
Bradshaw ,
Otis \
"-
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A
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Move d
v
1b
Seconded
1./
i) lll
'l I
•
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ROLL CALL
Ay es Na y Absent Abstain
Hiadav
Neal
Fitzoatrick
Wei s t
Bi lo
Bradshaw
Otis
;ll
I • •
•
•
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
~ici<rav
Neal -
Fi tzoatrick
Weist --
Bi lo
Bradshaw -
Otis
I • •
• •
•
•
, . •
.. ~s ay Absent Abstain Moved
Ill {I }/ t_.
ROLL CALL L , v · I •
1 tL " 1 r
l j'\\· (_ tLI)" ' t ' CP( ~ G L LIJ ·,J·"-
A N Seconded
Hiqday \
Neal J
Fitzoatrick I
Weist
1/ Bi lo
I
v Bradshaw I
Otis \
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ROLL CALL
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ROLL CALL
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ROLL CALL
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ROLL CALL
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7 :30P .M.
l.
•
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 18, 1982 ~ \
' Lj '~ v> /
Call to order , invocation by Reverend A. G. Ratcliffe,
Seventh Day Adventist Church, 27th and Downin g Streets,
pledge of allegiance by Boy Scout Troop #92, and
roll call .
Hinutes.
1,....) (a)
-,(\.
Minutes of the regular meeting of Januar y 4 ,
1982 . (Copies enclosed .)
2 .
3.
4 .
5.
~
Pre-Scheduled Visitors .
t ion to 10 minutes.)
Ot her V i sitors .~ (Please
t o 5 minute s. )j c ,I!. ~
Pub lic He a ring .
(Please limit your presen t a -
limi t your ~resenta t ion 111 -c l l )) l f 12 ( < J >~ 1 I "/ 1'/:Jt"'-~ vi• JL ..._
n t vn
Communications -No Act ion Re c ommended .
(a)
(b)
Minutes of the P lanning and Zo n i n g Co mm ission
meetings of December 1, 8, and 15, 19 8 1. (Copies
enclosed .)
Mi nutes of the Englewood Public Library Advisory
B ard meeting of January 12, 1982. (Copies
nclosed.)
6 . Communications -Action Recomm nd d .
(a) Letter from Howard E . Morarie, Jr ., concerning
his resignation from th Library Advisory Board . • 1". (.
'() \.:• (Copies enclosed .) I • •
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Page 2
January 18 , 1982
7 . City Attorney .
Bill for an Ordinance .
Cl
~
11 1
, (a) Bill authorizing the Director of Finance ex
. ~?~ ~ officio City Clerk-Treasurer to appoint
1 1
assistant and deputy city clerks adding ~ Section 9 to Chapter 5, Title I, of the 1'\\J_ ..._,l j V:' Englewood Municipal Code of 1969, as amended.
i. ~· t~ r (Copies enclosed .)
y_. ,,.J-Resolution .
Resolution authorizing purchase of real property
(3455 South Broadway). (Copies enclosed.)
~ .., (b)
Resolution authorizing purchase of real property
(Hall property adjacent to Centennial Park).
(Copies enclosed.)
Resolution authorizing the City of Englewood,
Colorado, to enter into a Utility Services Audit .
(Copies enclosed .)
Other Matters.
'~,,·"i'e~)· <·..-' \ ( Draft Bill prohibiting indecent ac ts within
the City of Englewood , Colorado . (Copies enc losed .)
(f)
(1.1'-\ ) ~
Draft Bi ll e stabl i shing a special f und for t he
Ci ty o f Englewo od to be known as the "Parks and
Recreation Foundation Trust Fund" for the use
a n d t he bene fit o f providing improved and expanded
programm ing and f ac i l itie s, adding a n ew subsection
to Title XIII, Chapter 5 , of the 1969 Englewo od
Municipal Code, as am e nded . (Co p i e s e nclo s ed .)
Draft Bill describing and defining obscenity
and providing circumstances unde r which it is
prohibited. (Copies enclosed.)
~~~ity of Englewood vs. Vern Mann . (Copies enclosed.) ...
'\" ,. 'l f <9 t _City of Englewood
· ~enclosed .)
vs. John David Hammes . (Copies
-f"b1J'
L ' lf~
'
(k)
City of Englewood vs. After the Fox, Inc.
enclosed.)
Attorney's Choice.
'
(Copies
I • •
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Page 3
J anuar y 18 , 1982
8. Ci ty Manager .
(a)
(b)
(c)
Council Communication from the Director of
Engineering Services concerning the funding
for the purchasing proposed walk-thru on the
west side of 3400 block of South Broadway
and a Resolution amending the General Fund
and the Public Improvement Fund in the 1982
Budget. (Copies enclosed.)
Transmittal of the 1982 Budget. (Copies enclosed .)
Manager's Choice .
9 . General Discussion .
1 0 .
(a) Mayor's
(b) Council
Ad j o u rnment .
~~~l/!c du~ ~ MC GOWN
Ci Manager
AM /s b
ll. 1 ..... ../
·-~ t<l d -z;/)l.q._ /)U
~ ,._, kti. ~'t •Y> .:/~ J! /• I
I d v / ("ll<-I-!) vtjV 'T]L ;JJ
n 1 '-f 0 ') t 'L -t.J( o 1..
JAI )t /1 1~ l1 (< (. /'¥..,.
I • •
-
BY AUTHORITY
ORD INANCE NO.
SER IES OF 198_2 __ __
A BILL FOR
•
• •
7' ~
COUNCIL BILL NO . 4
INTRODUCEQ BY COUNCIL
MEMBER. ';16 L " ~
AN ORDI NANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD
TO BE KNOWN AS THE "PARKS & RECREATION FOUNDATION TRUST FUND" FOR
THE USE AND BENEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAMMING
AND FACILITIE S, ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5,
OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED.
WHEREAS, the citizens of the City of Englewood, Colorado,
have use of and enjoy numerous parks and recreational activities
thro ugh the Department of Parks & Recreation; and
WHEREAS, certain people are desirous of willing gifts,
bequests, grants , and devises of property for the use and benefit
of said Parks & Recreation Department.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Sec tion 1 . Chapter 5 , Title XIII, of the '69 E.M.C. is hereby
amended to add the following provisions:
13-5-11 PARKS & RECREATION FOUNDATION
TRUST FUND ESTABLISHED
There is h e reby established a special fund of the
City of Englewood known as the "Englewood Parks &
Recreation Foundation Trust Fund" --a trust fund for
the use and b e n efi t of the programs and facilities of the
Englewood Parks & Recreation Department.
(a) Trustees appoin m nt.
Englewood Parks & Recreation Commissioners are
appointed as trustees of th Parks & Recreation
funds s part of their Commission duties and
shall serve during their t nur as Commissioners .
(b) Trust Funds.
•
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(c ) Management of the Trust Fund.
1. The Director of Finance, ex officio City Clerk-
Treasurer, shall manage the day-to-day investment
policy of the Trust Fund.
2. As needed, the trustees shall recommend to the
City Council periodic appropriations from the
Trust Fund for the exclusive use and benefit of
the Englewood Parks & Recreation Department.
3. Trustees, upon approval of the appropriations by
City Council and in accordance with standard
administrative procedures of the City, may make
distributions of income and corpus for the exclus-
ive use and benef it of the Englewood Parks &
Recreation Department.
4. The costs of servicing the Trust Fund shall be
approved by City Council as an expense of the
Trust Fund.
5. The Trustees shall have such other power as is
necessary to carry out the purpose of the Trust.
6. The Trust Fund shall be managed in accordance with
the applicable requirements of the Home Rule Charter,
Ordinances of the City , and State Finance Law.
7 . The Trust Fund may be terminated by City Council;
however , any funds in the Trust Fund shall be
distributed exclusively for the purpose of the
Englewood Parks & Recreation Department.
(d) Contributions to the Englewood Parks & Recreation
Foundation Trust Fund to be Tax Deductible .
Gifts , bequests, grants, donations, contributions ,
and devises of property made exclusively for the public
purpose herein described are considered tax deductible
under the Internal Revenue Code and the laws of the
State of Colorado.
ln roduced, r ad in full, and passed on first r ading on
h 1 h day of January , 1 982.
Publish d as a Bill for an Ordinance on the 20th day of
nu11ry , 1982.
Eugen L. Ot~s, Mayor
Att s
ex o!ticlo City
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BY AUTHORITY
OHD INAN CE NO. COUNCIL BILL NO. 4
INTRODU~ BY COUNCIL
MEMBER _ ad44.4v )
SERIES OF 198_2 __ __
A BILL FOR
N ORDINANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD
TO BE KNOWN AS THE "PARKS & RECREATION FOUNDATION TRUST FUND" FOR
THE USE AND BENEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAMMING
AND FACILITIES, ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5,
OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED.
WHEREAS, the citizens of the City of Englewood, Colorado,
have use of and enjoy numerous parks and recreational activities
through the Department of Parks & Recreation; and
WHEREAS, certain people are desirous of willing gifts,
beques ts, grants, and devises of property for the use and benefit
of said Parks & Recreation Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
S ction 1. Chapter 5, Title XIII, of the '69 E.M.C. is hereby
mend ed to add the following provisions:
13-5-ll PARKS & RECREATION FOUNDATION
TRUST FUND ESTABLISHED
There is hereby establi shed a special fund of the
Ci t y of Englewood known as the "Englewood Parks &
Rec reation Foundation Trust Fund" --a trust fund for
he use and benefit of the programs and facilities of the
Eng lewood Parks & Recreation Department.
(a) Trustees appointment.
Englewood Parks & Recreation Commissioners are
appointed as trustees of the Parks & Recreation
funds as part of their Commission duties and
sh 11 serve during their tenure as Commissioners.
(b) Trust Funds.
All gifts , bequests, contributions , grants and
all investm nts thereof, from whatever lawful sources,
together with all accumulations, accruals, earnings,
nd i ncom wi h resp ct th r to deliv r d to th
Parks & R creation Foundation Trust Fund shall be
h ld IN TRUST for the us and b nefi of providing
improv d nd expanded programs and facilities for the
P r ks & R crea ion D partm nt of the City of Englewood
through th trust fund hereby stablish d •
I • •
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(c) Management of the Trust Fund.
1. The Director of Finance , ex officio City Clerk-
Treasurer, shall manage the day-to-day investment
policy of the Trust Fund .
2. As needed, the trustees shall recommend to the
City Council periodic appropriations from the
Trust Fund for the exclusive use and benefit of
the Englewood Parks & Recreation Department.
3. Trustees, upon approval of the appropriations by
City Council and in accordance with standard
administrative procedures of the City, may make
distributions of income and corpus for the exclus-
ive use and benefit of the Englewood Parks &
Recreation Department.
4. The costs of servicing the Trust Fund shall be
approved by City Council as an expense of the
Trust Fund.
5. The Trustees shall have such other power as is
necessary to carry out the purpose of the Trust.
6. The Trust Fund shall be managed in accordance with
the applicable requirements of the Home Rule Charter,
Ordinances of the City, and State Finance Law.
7. The Trust Fund may be terminated by City Council;
however, any funds in the Trust Fund shall be
distributed exclusively for the purpose of the
Englewood Parks & Recreation Department.
(d) Contributions to the Englewood Parks & Recreation
Foundation Trust Fund to be Tax Deductible.
Gifts, bequests, grants, donations, contributions,
and devises of property made exclusively for the public
purpose herein described are considered tax deductible
under the Internal Revenue Code and the laws of the
State of Colorado.
Introduc d, read in full, and pass d on firs r ading on
h 1 8th day of January, 1982.
Published as a Bill for an Ordinance on the 20th day of
J n ry, 1982.
Attest:
x officio City Clerk-Treasurer
-2-
Eugen L. Ot1s, Mayo r
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the foregoin g
is a true, accurate, and complete copy of a Bill for an Ordinance,
introduced, read in full and passed on first reading on the 18th
day of January , 1982.
Gary • Rig\)ee
-3-
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
DECEMBER 1, 1981
I. CALL TO ORDER.
The Special Meeting of the City Planning and Zoning Commis sion wa s called
to order by Chairman Judith B. Pierson at 7:00 P. M.
Members present: Becker, Carson, Draper, McBrayer, Pierson, Senti,
Tanguma, Allen, Barbre
Powers, Ex-officio
Members absent: None
Also present: Assistant Director Dorothy A. Romans
Assistant City Attorney Thomas V. Holland
Susan King, Senior Planner
Harold Stitt, Planner I
Councilman Bilo
Councilman Neal
Councilman-elect Weist
II. COMPREHENSIVE ZONING ORDINANCE
§22.7 --Sign Code
CASE 11 9-81
Chairman Pierson noted that this is a s pecial me ting t o b d voted to
discussion of the proposed Sign Cod
Ms. Susan Powers stated that there wer e som questions which we re raised
in the course of pr vious public meet ings and the Public Hea r ing , which
was held on November 4, 1981. Thea questions hav been a d d r ss d indi-
vidually, and staff r espon ses have been submitt d to the Commission for
their consideration. Ms. Powers stated that p rh ps th most serious
problem to be considered in th r e vision of th d Sign Cod is
the matter of "amortization" of non-con f o rming ign . "Att chment B"
to the s taff report se ts forth ight possibl options o consider on
the question of amortization. A tabl of contents of the propos d Code
(Attachm nt C), ha b n tnclud d which ets forth th proposed Rtructur
of th Co d Thi r structurin of the propo d Si n Cod h s b en
n cessitat d by th Supr Court d cision r g rdin th
Co d . M • Pow r8 tat d that the xi tin Sign d
revia d to comply with th Supr me Court ruling,
Sign Code is n0t adopt d.
Ms. Pow r 8 stat d that notic a w r 8 nt to per on
vious public m tings and the Public H rin on th
th m of th work s 8 ion thi v nln •
Ma. Pow rl th n r vi that had b
m ting on th th sta!
qu at ion. Co pi
th udi nc .
p r a stat d that
nd th at ff h s tt
building nd ai n ... H
•
who h d at end d pr -
Sign Cod , not1fyln
r d
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State and Federal Government have included on the Sta t e and National
registers as historic buildings. Ms. Pow e rs stated that this question
arose in relation to the Gothi c Theater, which th e owner had sta t ed was
a landmark building in Englewood. The Gothic Theater is n ot on the
State or Federal registers of historic properties.
§22.7-11, Non-conforming signs, was discussed. Ms. Powers stated that it
is felt there should be some kind of registration of non-conf orming signs;
this registration would be free for those businessmen and prop erty owne r s
who have signs that would become non-conforming under the propos d Sign
Code. The purpose of the regulation is to establish a record of the date
the sign would hav to be removed or conform to the standards of the Code .
The matter of amortization was then discussed. Ms. Power s stated that
the staff has proposed the following eight options for th e consideration
of the Commission on the amortization of non-conforming signs:
1. Maintain amortization schedule as presented i n the proposed Co de.
2. Develop two amortization schedules: A five-year period f or sign s
which conform to the existing Code , but would become non-conforming
under the proposed Code; a three-year period for signs that wer
grandfathered in under the pr sent Cod .
3. An amortization schedule whi ch grants five year s to all signs .
4. An amortization schedule whi ch grant s three years or a period equal
to the length of the sign lease as of November 1, 1981.
5. An amortization schedule which grant s a five-year period from date
of installation.
6. An .-ortization schedule which grants a ten-year period if sign was
erected/installed from 1977 on; if erected prior to 1977, a three-
year period would be granted.
7. An amortization schedul which would "grandfather" all i~n that
are in conforman ce with the present Code, and grant thre y ars
for all o th rs.
8. Grandfath r 11 igns in.
felt Option 18 would b cr ting m1r< rrobl m
e of th long-t rm inequities that would r sult.
M . Sue
ppli d
i
Mr. Tangum spok in support of Option 14, s t ating h
be the oat quitabl solution for buain am n nd
would hav signa th t would h v to b r plac d.
th s taff would hav to obtain a copy of th 1
•
dif-
would
who
d h
nd
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-3-
expressed concern on the way to handle those signs that have been purchased
by the owner. Mr. Ta nguma suggested the use of a depreciation schedule
for those signs that are owned by the businessman/prope rty owner.
Mr. McBrayer spoke i n opposition to Options #4 and #8 , stating that he
felt neither should be considered by the Commission . He expressed the
concern that #4 could lend itself to fradulent paper work.
Mr. Allen stated that he felt whatever amortization provision was adopted
should be simplified so that the business people could easily understand
it, and that it could be easily enforced . Mr. Allen recommended that
Option #3 be adopt ed ; he stated that it was simple to und erstand , and
would be easy to enforce.
Mr . Draper questioned the experienc of the City in enforcement of th
existing Sign Code? Ms . Powers stated that some provisions in the
present Code are difficult to enforce ; the provisions governing elimina-
tion of abandoned signs is particularly unclear. Enforcem nt on signs
where a permit is obtained is done; however, wher e permits are not ob-
taine d, once the sign is erected the property owner is cited . On signs
that we re "grandfathered" in und er the present Sign Code, there is nothing
that can be done.
Ms. Powers discussed the reassignment of responsibility for enforcement
of the Sign Code to the Planning Division; this has been the responsibility
of the Code Enforcement Division. This reassignment of responsibility will
not require the hiring of additional personnel, and Mr. Harold Stitt, a
Planner I in the Planning Division will be given the primary responsibility
of Sign Code enforcement, even though the field inspectors in Code Enfo r ce-
ment Division will still assist.
Discussion of the amortization options ensued. It wa s the determination
of the Commission that Alternate 118 should b liminat d from considera-
tion. It was also the determination that Option 112 should be eliminated .
The Commission determined that Options Ill and #3 should be retained for
further consideration . Mr. Tanguma again spok in support of Option #4.
Mr. All n ask d about the depreciation time on n sign. Mr. Draper st ted
that cost recovery is usually three to five y ars. 'lr. l'hil r.r imm of
Freeman Signs, stated that it was 10 years und r th pr,•s •nt tax 1 w.
D pr elation and co t r cov ry factors ur dl cu cd.
Mr. Lloyd Chavez, Burts on Broadw.L y , st
remov d was 19 y r old; this ign was
st lled In an
ign would becom~ non-conforming if th
Mr. Ch v z tat d th t th
quit bit of us bility,
into th length of "lif "
1 8
the.
Furth r dis
fro consld
h lp to h
det rmin d th t Op ti on II b dropp d
Lion d th. Opt ion 11 5 would b of
r11 who h v n w r 11 lgn
d
Th co .. i sion d rmin d th
tion. Optl n 17 w s lao r
t !on
ov d £r
r consid r -
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Assistant Ci ty Attorney Tom Ho l land sta t e d that amo rt ization is t o allow
the recovery of cost and i n s t a l lat ion of a sign . A cer tain per iod of
time is required by the Courts for the a mo rt i z ation of sign s if they are
"non-conforming". The Courts have up-h e ld a f i v e -year a mo rt iza tion t i me
on replacement of signs; it was de t e rmined that fiv e ye ars was a s uf f i c i e nt
time for a sign to be brought into conformanc e with a Sign Co de . A sign
does not have to be reduc ed to n o valu e b e f o r e it has t o be b r o ugh t i nto
conformance with a Si gn Code. Mr. Holland s tat e d tha t he f elt p ro posed
Amortization Option #3 wa s valid , a nd tha t any amo r tizat ion sche dul e tha t
would allow a minimum of fiv e ye ars would be v a l i d.
Discussion ensued. Ms. Powers s tated tha t the i nt ent of Op t ion 116 is th a t
every sign would have a t e n-y ea r l ife pe r iod. Mr . Dr aper poin t e d out t ha t
this would b e t y ing a time per i od t o a da t e o f perm it; he asked t he pro-
cedure if there was n o pe rmit on a s i gn ? Ms . Powe r s stated that if a sign
was installed pr i or t o 1977, or if t her e wa s no permit on file fo r t hat
particular sign, i t would have t hr ee yea r s to be b r ought into confor ma nce .
Mr. Carson state d t h at he did no t wa n t to see a nyone penalized by the new
Sign Code, and s ugges t e d that a n appeal p r ocedure be written into the Sign
Code. Ms. Powers s t a t e d tha t they have the option of appeal to the Boa r d
of Adjustme nt at the pr esent t ime , and this would continue. lr . Carson
suggested that th appeal p r ocess be directed to the Planning Commission.
Assistant Cit y Attor n y Hollan d stated that this could be don if it is
so determine d by the Co mm ission a n d City Council. The other Commission
members indica t ed that the appeal procedur should remain with th Board
of Adjustme nt.
Mr. Draper i nquired s to the procedure and p nalty entailed in remov 1
of a non-conforming sign. Ms . Powers s tated the busin s n/prop~rty
owner would have to be cit d into Court ; th t the City cannot r e v a
s i g n i t sel f j ust because it is non-c onfo rming.
Ph i l Grimm pointe d out the existing Sign Code was adopted in 1974; h
s uggested th a t a l l signs ins t alled since 197 have 10 yea rs to com into
compl ian ce wi t h th e new Co d ; all signs that wer "grandfather d" in und r
the e x is t ing Code be given thre ye rs to c omply.
Ms. Becker s t a t d she did not
this would giv no point of
1 any sign should be ~randf th red in --
rmin tion for these sign
Mr. All n st t d that p opl In th
the signs in th City. H f lt th r
for t nnin tion. II qu stion d that
if signs must b brought into compli
pos
on-go in f fort
8 d h lt l
stand nd att mpt
nt.
.. h did not I
1 c 8
th
c tion
tiv ,
o lo
p rio
rd bout
th d•,wntown
nnln nd ?onln
upp rt th pro-
n Code hould b writ t n to
nc proc dur va 11 bl
d ml d ir
pr nt
Cod re
•
of
I • •
-
(
(
•
• •
-5-
not ob j ectionab l e . Ms . Nuce s t a t e d t ha t Amo rt izat ion Optio n #7 would be
most a c ceptable to Mc Don ald 's .
Mr. Allen asked how ma ny sign s Bu r t s on Br oadw ay h ave t hat do no t compl y
with the exi st i ng Cod e? Mr. Chav e z s tat e d that all the signs c omply with
the existing Corle; 90 % would no t c om ply wi t h the propos ed Si gn Co d e .
Mr. Draper qu estioned t he ne e d f or separ ate s i gn s t a nda r ds ; one f or the
downtown business area , a nd a n othe r for th e r e main de r of the City . Ns .
Powers s t a t ed s he fel t a r e as f urthe r s outh on Br oa dw ay , f or i n s tance, had
a s many sign problems as the d owntown a r e a, and qu es t i on e d the a dvi s ability
of separate s ignage s t a nd a rd s wi th i n the City . Ns . Powe r s pointed out
that, while the DBA e ncourage d rev i sion o f the Sign Code , i t had been a
Goal s et f orth in t h e Comprehens ive Plan to i mpr ove t he vis ual quality of
the entire c ommun i t y, and the nee d for i mprov e d signage is par t of this
Goal.
Mr. Allen poin ted out that mos t signs need to be changed whether t hey are
worn out or not ; he s tated tha t th e City cannot have an effective Co d e if
bus inesses a r e allowe d to kee p signs for 20 -30 years .
Becker moved:
Ta nguma seconde d: An amortization schedul which rants 10 years to all
signs from date the Sign Code is pass d by City Council
be wr itten into th proposed Sign Code.
Discussion ensu e d.
Mr s . Piers on stat d it hould be mad~ cl • r to th audi nee in att ndanc
that the Comm ission is, a thih point, c n id ring ~m ndmen ~ to a draft
document. Sh st t d the Pl nning comm1 I n l con~iderin a s cond
Pu bl ic Hea r in in January.
Hr. Tanguma s t a t d h• did not lik th id
si gn; h e f e lt thi would d f at th purpo
Mr. Mc Brayer st t d he ould not support th
sign s .
Ms. Pie r son stat
Hr . S n ti stated
t t d h would
di
Th vot w c 11 d.
AYES: C r son
of r ntin len · ars for every
of th Si n rnd revision.
n-year amortization for 1 1
NAYS: Dr p r, H·Bray r, Pi r on, en i , r n um , All n, B r r , a k r
Th tion waa J d.
I • •
(
•
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-6-
AYES: McBrayer, Pierson, Senti, Tanguma , Allen , Barbre , Becker, Carson
NAYS: Draper
The motion carried .
Messrs. Tanguma a nd Allen stated they had voted in favor of this motion
"reluctantly."
Ms. Pierson asked if there were o ther co ncerns the Commissio n wished t o
d iscuss?
Mr. Tangum a questioned the need for §22.7-5 . He s tated he did not feel
the City needed to i mpose on contractors or r al estate companies the
need to register all their signs every year. ' . Powers s tated that this
is a new requirement pr oposed to comply with the Suprem Court decision.
Mr. Holland discu ssed the Supreme Court ruling th at all comme rcial signs
should be treated in the same manner; this provi~ion wou ld seem to meet
the obj ectives of the Court. Discussion en~ued.
Tanguma moved: Section 22.7-5 of the proposed Sign Code be eliminated .
There was no second to th e motion.
Mr. Grimm inquired about sign1ng in a JO-foot trl ngular ar a at inter-
sect ion s? Ms. Pow e r s stated that the pr ent i~;n Co de nstricts signing
in a 55-foot triangular area; thi re~trlctlon i · lowered t o 30 f ee t tn
the proposed Cod e .
Mr. Tanguma qu stioned th m
that sandwich boards are port
public right-of-way.
Ms. Pierson st ted the
H aring on the proposed
fir. McBr y
within
nd h
Mr. Drap r n ot d that Mr.
hia r qu t for th r cord
Th m ting d journld at :00 I .M.
c
sign". " . Powers stated
ins ur c pl.ced in the
ion w uld I old a l'Cond Public
nu ry 1 t h.
t t I
•
conside r allowing
had oper ted in
bill cards tn
1 of billboard
ldv rt Ising dev ic s
ubl!c H ar!ng nd nt r I •
(
•
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CITY OF ENGLEWOOD PLANNING AND ZONIN G COMMI SSION
December 8, 1981
I. CALL TO ORDER.
5 A J
The regular meeting of the City Planning and Zoning Commi ssion was c alled
to order at 7:00 P. M. by Chairman Judith B. Piers on.
Members present: McBrayer, Pierson, Senti, Tanguma, Allen, Barbre ,
Becker, Carson, Draper
Powers, Ex-officio
Members absent: None
Also present: Assistant Director Dorothy A. Roman s
As sistant City Attorney Thoma s V. Holland
Seni or Planner Susan King
II. APPROVAL OF MIN UTES.
Chairman Pierson s t a ted that the Minutes of Nov ember 4, 1981, and of
November 17, 1981, were to be conside red fo r ap prov al.
Cars on moved:
Tanguma seconde d : The Mi nutes of t h e meeting of November 4, 1981, be
a pprove d as writ t en .
Ayes : Sent i , Ta ngum a , Allen, Ba r b r e , Be cker , Carson , Draper, McBrayer,
Pier son
NAY S: Non e
The motion carried.
Barbre moved:
Carson seconded: The Minutes of the meeting of November 17, 1981, be
approved as written.
AYES: Barbre, B cker, Carson, Drap r, Pierson, Senti, T nguma
NAYS: Non
ABSTAIN: McBrayer, Allen
Th motion carri d.
Mrs. Pi raon stat d that inasmuch as the Public H ring is lik ly to b
quit 1 ngthy, nd there is nether it m on the g nd th t will probably
not t k much time, she asked for a motion to con id r It m #4 t this tim
Canon moved:
Tanguma a cond d: That Ca 112-81 b advanc d on th
at this tim
8 nd
AYES: B ck r, Caraon, Drap r, HeBray r, Pi raon, S nti, Tan&
Barbre.
NAYS: Non
•
nd con id r d
, All n,
I •
•
• -
-2-
The motion ca rried.
III. OFF-STREET PARKING PLAN
T. W. Anderson
CASE /112-81
Mrs. Pierson asked for the staff report on this case.
Senior Planner Susan King stated that the request before the Commission
is for approval of an off-street parking plan, which plan contains 113
parking spaces. Mr. T. W. Anderson has proposed the construction of an
office building on property described as Lots 6 -25 of Block 6, Englewood.
This is a 1-1/3 acre site, which is bounded by South Inca Street on the
east, West Ithaca Avenue on the south, and South Jason Street on the west.
The site is zoned I-1, Light Industrial. The proposed office building is
a permitted use in the I-1 Zone District. Ms. King stated that the Planning
Commission considered a request to vacate the alley in Block 6, Englewood,
in 1968; the Commission recommended the vacation of the alley to City Council,
and also recommended that a 16 foot utility easement be retained. The
City Council considered the request for alley vacation in this block in
1973, and did approve the va cation; however, no mention was made of re-
taining an easement for utilities. The Master Street Plan proposes a one-
way couplet on West Ithaca Avenue/U.S. 285 between South Santa Fe Drive
and South Broadway. If this couplet is actually developed, it will help
alleviate the traffic congestion on U.S. 285 , but may interfere with the
use of a portion of the property proposed for development by Mr. Anderson.
Ms. King then reviewed comments from other departments regarding the off-
street parking plan proposal; the developer must replace all broken and/or
cracked curb, gutter and sidewalk adjacent to the project prior to the
certificate of occupancy being issued; unused curb cuts must be closed;
the Utilities Department requests a 16 ft. utility easement to permit
access to facilities located in this area. If relocation of any utilities
is required, it would have to be upon approval of the Utility Division,
and at the expense of the developer. The Parks and Recreation D partm nt
has also submitted some suggestions for plantings of trees and shrubs in
the grassed areas shown on the parking plan.
The Community Development Department does recommend approval of the off-
street parking plan with the following conditions:
1. Landscaping shall be provid d and maintain d.
2. An a m nt for utility service shall b provided as r quir d by
th Utilities D partment.
3. All curb, gutter and sidewalks shall be r pair d prior to 1s u nc
of a C rtificat of Occupancy.
4. Th b se cours and sphalt for th parking area shall b pprov d
by th Engine ring Services D partment.
Mr. McBray r inquir d bout drain g pl n for this sit ? M • Kin It t d
th t a dr in g pl n h b en submitt d nd r vi w d by th Engin rln&
Servic a D partm nt; no probl ma w r not d with th drain g proposal.
Mr. All n ask d if th r ar curb, gutt r nd aid w
pr s nt tim ? Ms. King at t d th r ia; how v r, a
curb cuts will h v to b cloa d.
0
Mr. T. W. And reon, applicant, etat d tha
En&l ood for .any y r1. H ask d if th
of hia r cardin& thi1 proposal?
h h a don d v
Co iuion h d
•
a th
xleting
I •
~ I Jt _.n
.;:
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-3-
Mr. McBrayer stated that one of the recommendations of the staff is on
the landscaping; would Mr. Anderson be willing to install a sprinkling
system to see that the landscaping is maintained, and would he agree to
the planting of trees and shrubs as suggested by the Parks and Recreation
Department? Mr. Anderson stated that he would agree to the sprinkling
system installation, and to the planting of trees and shrubs in the land-
scaping areas.
Mr. McBrayer asked if the proposed one-way couplet on U.S. 285 and West
Ithaca Avenue wo uld interfere with the construction of the office building
as proposed by Mr. Anderson? Mr. Anderson stated that he would be in favor
of the development of the one-way couplet; he stated that they have pro-
posed the location of the building so that any interference from the couplet
would be minimal.
Ms. Pierson asked if there was further discussion on this proposal?
Allen moved:
Carson seconded: The Planning Commission approve the Off-street Parking
Plan proposed for Lots 6 -25, Block 6, Englewood,
dated 8/26/81, revised 11/12/81, with the following
conditions:
1. Landscaping shall be provided and maintained.
2. An easement for utility service shall be provided
as required by the Utilities Department.
3. All curb , gutter and sidewalks shall be repaired
prior to issuance of a Certificate of Occupancy.
4. The base course and asphalt for the parking area
shall be approved by the Engineering Services
partment.
Mrs. Pierson asked if Mr. Allen wished to include requirement of an auto-
matic sprinkling system to facilitate maintenance of the landscaping? Mr.
Allen stated that he did not; inasmuch as there is no City ordinance re-
quiring installation of an automatic sprinkling system , he felt this was
outside the scope of responsibility for the Planning Commission.
Ms. Becker noted that not every developer will maintain the landscaping
once it has been planted. The applicant has agr ed th t th installation
of an automatic sprinkling system is acceptabl to him.
Becker moved:
McBrayer seconded: The motion be am nded to r quir th in tall tion of
an automatic sprinkling syst m to maintain th 1 nd-
acaping.
AYES:
NAYS:
McBrayer, Pier on, Senti, B rbr , B ck r, Car on
Draper, Tanguma, All n
The motion carri d.
The vote on th motion, as am nd d, was call d:
AYES: Caraon, Draper, McBrayer, Pieraon, S nti, Tangua , All n,
Becker
NAYS: Non
The 110t ion c rri d •
rbr ,
I •
-4-
IV. NONCON FORMIN G USE TIME EXTEN SI ON
Adult Ce nte r
43 70 So uth Broadway
Carson moved:
•
• ..
CASE #16-81
Be c ker seconded: The Publi c He ari ng on Case #16 -81 be opened .
AYES: Tanguma, Allen, Barbre, Becker, Ca r s on, Dr a pe r, McB r ayer , Pierson,
Senti.
NAYS: None
The motion carried.
Ms. Pierson s tated tha t the pu r pose of the Public Hearing is to consider
a request filed by Rocky Mounta in Ac qu isit ions asking for a 180 day ex-
tension of time to op e rate thei r non c on fo rm i n g adult entertainment use
at 4370 South Broadway . Ms. Pierson rev iewed matters that would be con-
sidered by the Comm ission i n de t e rm i n i ng whe t her there is a substantial
and unnecessary hard ship placed on t he applicant by the requirement that
he relocate h is business; these fac t o r s i nclud e whether there can be a
reasonable r e turn we r e the proper t y to be used for a permitted use;
whether there a r e un ique cir cumstances in the particular case; the im-
pa ct o f t he var i a nt use o n the n eighborhood; protection of public and
privat e i nteres t s; the essent ial char acter of the neighborhood, and
whe ther or no t t he hard s h ip is self-created.
Assis t a n t City Attorney Ho lland discussed the amendm nt of the Co mprehen-
siv e Zonin g Ordinance , which becam effective on June 3, 1981, which amend-
me n t con trols the location of adult entertainm nt/ dult service est blish-
m n ts . This amendm nt restricts th location of an adult ntertalnm nt -
service use within 1 ,000 fe t of another such tablishm nt, or within
500 feet of a resid ntial district, or public or quasi-public us s. Mr.
Holland stated that this use is in violation of th amendm nt enac t d on
June 3, 1981 , and was to have terminated oper t1on of the business in
ita presen t location within 180 days of the enactm nt of th zoning
amendment. The r qu st before the Commia ion is a request by the pplicont
for an 180 day xtension to operate th busin ss at its pres nt location
at 4370 South Broadway.
J
Ms. Kay Ric , 1 g 1 coun
and sk d that Hr. Hicha
violat
zonin&
th vi
C nt r wa
follow1
••
ck rd,
to ddr
ddr
8 th
d th Commi sion,
Commission.
ti n
I • •
•
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-5 -
Mr. Deckard t est ified , up on qu es t ionin g by Ms. Rice, that th Adult C nter
was c ited for a v i ol ation of a d a n cin g ordinance, which was dismissed i n
c ourt; they we re al s o cit e d on a pub lic d isplay ordinan ce, which citation
was also thrown out. Mr. De c kard c ha r ged t hat these tw o c itations wer
means of harassment of the bu s ines s , and that the Englewood court deter-
mined the citations s hould b e thrown out.
Mr. Deckard then testified a s to t he inves t me nt Rocky Mountain Acquisitions,
Inc., has made in the Adult Center . Their total i nvestme n t , including con-
struction costs, equipment and fixtur e costs, and i nve n tor y comes to $54,480 .
Mr. Deckard stated that they feel the bus ines s is worth tw o and o n e-half
times the initial investment, making the worth of the b us i n ess $136 ,200
at the present time. Mr. De ckard testifie d th a t t h is $1 36,200 worth c annot
be recoupe d withi n 180 days , an d t hat mos t of this investment would be los t
if they were forced to reloca t e at the present t ime. Mr . Deckard stated
that he has looked for another location, and has e n ga ged a realtor to look
for another location for this use , but s o far t he search has been unsucces s ful .
Mr. Deckard e s timat e d that the business would have to be c losed for "months ."
Mr. De c kard wa s c ross-e xam i n e d by Assis t a n t City Attorney Holland, which
c ross-examin at i on e l icit e d i n formation on the operation of th Adult Center ,
and the a c t i v i t ies tha t occur in the Adult Ce nter. Mr. Decka rd testified
that h e d i d not have i nforma t ion r egarding income from the Adult Ce nter.
He d i d tes t ify tha t th e monthly r en tal of this property was in the vicinity
of $900 per month; t ha t h e had n egotiat ed the rental contract with the
property own e r, and had of fe r e d to the proper t y owner $800 per month with
a c o s t of liv i ng i n c r ease e v ery thr ee mo nths. Th e term of the lease i s
for six-years , and Mr. Deckard t es t ified that he knew of no provisions
fo r breaking the lease if it was necessary to relocate the busin ess .
Tes t i mony was also elicited from Chief Building Inspec tor Gary Pittman
reg ard i ng cons truction within the Adu lt Center, inspections mad e on the
wo rk don e i n t he Ad ult Center, and the fact that the initial building
permit applicat ion was received on No v ember 24, 1980, in r esponse t o a
"stop wo r k" no t ice issued to the cont ractor engaged in work wi thout a
permit at 4370 South Broadway. Mr. Pittman testified that evaluation of
t h e improvements as listed on the building permit applic tiona and 1 ctrical
permit applications totals $1,151, which figur would includ all interior
walls, partitions, paneling and the portable booths. Mr. Pittman t es tif ied
that th applicant had applied for a building permit on April 23, 1981, for
additional r modeling of th Adult Center; this proposal includ d dditional
booths, two stor g r a , r od ling of th b throoms, nd o th r addition 1
booths nd passag ways. Mr. Pittman testifi d that Building Tnsp ctor
G n Ma c r nder h d in p ct d the Adult Cent r on May 15, 1981, nd d t r -
mined that ther was devi tion in what wa construct d from wh t w
pres nted in th pl ns; th t an rea which had b en propos d stor g
ar was, in f ct, b ing u s d as stag or display r for mo d la.
Upon qu stioning by Mr. All n, Mr. Pittman t
involv d in 11 permit ppli cation s issu d for
Hr. Holland licit d t
of Community 0 v lopm nt.
tion along South Bro dw y
Hr a. R 1 t a tifi d that zon
with R-2, H dium-D nai t y R aid nc
in h 4 00 block uth, nd -2,
Mrs.
tifi d th
h Adul
total valu tion
r il 5 , 9
Rom na , A iat nt
s to th zoning d a
r a of 4370
br
zonin
I •
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-6-
both sides of South Acoma Street i n the 4300 block south. Mrs . Romans
also testified that there is a mixture of uses within the subject block,
citing specific us es at given addresses. Mrs. Romans testified that there
are 106 permitted uses listed in the B-1 Zone District, wh ich uses a r e
permitted in the B-2 Zone District, which is applied to the prope rty at
4370 South Broadway. The B-2 Zone District also permits an additional
12 or so uses, wh ich would give in excess of 115 permitted uses for whi ch
this property could be used. Mrs. Romans characteriz ed the existing uses
in the 4300 block as small, service-oriented businesses that serve the
residential neighborhood. Mrs. Romans testified that it is her opinion
the Adult Center was not compatible with the n eighb orhood , and that per-
mitting adult uses within the City of Englewood wa s not consistent and
compatible with the type of community that Englewood is.
Ms. Rice cross-examined Mrs. Romans, questioning the basis for Mrs . Romans'
opinion that the Adult Center is not compatible with the neighborhood.
Mrs. Romans stated that c oncerns have been expressed to her r egarding the
type of litter that has been found within the area since the Adult Center
opened; also, that concerns have been expressed because c ustomer s at the
Adult Center have used off-street parking provided by other businesses for
their customers. Up on questioning by Ms. Rice, Mrs . Romans made reference
to a map depicting areas where adult uses would be permitted in the City
of Englewood, pointing out that some 700 acres would be involved, which
is roughly 15 % of the area of the City .
Ms. Pierson declared a reces s of the Commi ssion at 9:10 P.M.
The meeting was reconvened at 9:30P.M., with the following members present:
McBrayer, Pierson, Tanguma, Allen, Barbre, Be cker , Carson , and Drap r.
Absent was Commission Member Senti .
Chairman Pierson stated that the Commission would hear statem nts from
members of the audience who wished to address the Commission.
Reverend Paul Restivo, 4510 South Acoma, was sworn in, and testified in
opposition to the requested time extension. Reverend Restivo testified
that there h s b en an increase in prowlers, peeping toms, and girls
being approached on the stree t by customers coming out of th Adult Cent r
since the op ning of this business. Rev rend Restivo te tified that his
d ught r w s on of the young girls appro ch d by man who h d b n in
th Adult C nt r. R ver nd R stivo testifi d th t this n 1 hborhood 1
populated with young peopl , young childr n; it i clo
and the Adult C nt r is right cro s the all y fro church.
that he does not f 1 that th Adult C nter is comp tibl
uses in the ar , or with th n ighborhood.
Mr. Donald L. R. Smith, 3165 South Sh rm n Str
t stifi d that h is a form r City Council
m mb r, and had s rv d on th
L agu of Citi a cone rning dult
t stifi d in opposition to th
point d out that r od ling w
nd Rocky Mountain Acquisition
th
s ith cit d th
bu in a w a
lot bout th buain sa",
•
nd
•
rd
I • •
('
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-7-
manager. Mr. Smith stated that time-dated material, to which Mr. Deckard
had referred, can be returned, and is not a loss as indi cat ed by Mr.
Deckard. Mr. Smith stated that a new business is not worth two and a
half times the original investment; only a proven business which is moved
from one location to another may be considered to be worth that. Mr.
Smith stated that he did not feel Hr. Deckard had proven the hardship
he is pleading.
Ms. Rice questioned Hr. Smith regarding his statement that he could move
a business "over a weekend".
Hr. Adrian House was sworn in, and testified that he is pastor of the
First Christian Church in Englewood. Hr. House testified in opposition
to the requested time extension for the Adult Center. Hr. House stated
that he represented a congregation of approximately 1,200 people, most
of whom are Englewood residents, and are in opposition to the Adult Center.
Hr. Louis Lamberson, 4707 South Delaware, was sworn in, and testified in
opposition to the requested time extension for the Adult Center.
Hr. David Meschke was sworn in; he stated that while he is a resident of
the City of Littleton, he offices at 3311 South Broadway. Hr. Meschke
testified in opposition to the time extension requested by the Adult
Center at 4370 South Broadway.
Hr. Zane Prante, 3168, South Cherokee Street, was sworn in, and testified
in opposition to the requested time extension of the Adult Center.
Mr. Dale Adamson, 4060 South Pennsylvania Street , was sworn in, and
testified in opposition to the requested tim extension of the Adult
Center. Hr. Adamson testified that he had talked to the landlord o f
the property at 4370 South Broadway, and that Hr. Schear, the property
own r, had stat d to him that the "adult center" was not what was
represented to him as the proposed business when th lease was signed
by Hr. Deckard.
ar , or th
Ms.
r c ord,
that
I •
•
•
• •
-8-
Ms. Powers further testified that the City is in the midst of a redevelop-
ment program for the downtown business district, and a revitalization ef-
fort for the entire City; she stated that professionally, she d i d not feel
that businesses such as the Adult Center support the Goals of the City
and detract from the revitalization efforts. Ms. Powers emphasized that
when the staff did the survey, no questions were asked pertaining to any
specific business, and that while 10% of the respondent s did mention the
bookstore at 4370 South Broadway, this was not in respon se to a que stion
asked by the staff. These persons who specifically mentioned problems
with 4370 South Broadway did so of their own volition.
Mr. Mike Haviland, 2104 East Dartmouth Circle, was sworn in, and testified
that he is the Executive Director of the Englewood Downtown Development
Authority. Mr. Haviland outlined his previous employment experience, and
testified that the physical structure at 4370 South Broadway is compatible
with other business bu.ildings in the area, and that in his opinion, this
building could support a use similar to other businesses surrounding it .
Mr. Haviland testified that in his professional experienc e , he would say
that the Adult Center was not compatible with th e n eighborhood, and that it
is a deterrent, generally, not only to the Comprehensive Plan, but to the
general direction in which the City is trying to go.
Mr. Dave Miller, Investigator, E.P.D., 3615 South Elati Street, was sworn
in. Mr. Miller offered testimony regarding contacts the Police Department
has had with the Adult Center and about the Adult Center. Mr. Miller
testif.ied regarding the arrest of the general manager of the Adult Center
and two female companions on charges of Aggravated Robbery , and also an
incident relating to a sexually-explicit picture found by an eight-y ar
old boy, which p icture was acknowledged by the Adult Center as one of
the .items they offer for sale.
Detective Miller also testified that be had spoken with property own r
Schear, and that be had obtained a business card pres nted to Mr. Sch ar
by Mr. Deckard at the time the lease was negot iated , which busin ss c rd
indicates an auto/home upholstery shop wa s Mr. Deckard's business. Ac-
cording to statements made by Mr. Schear to Mr. Miller, Mr. Deckard
alledged that he wanted to u se a portion of the building for his upholstery
office, and that a friend was going to use the rest of th building for a
clothing outlet.
Detective Mill r further t atifi d regarding th activit!
available in th Adult C nter.
Carson mov d:
Tanguma second d: The Public H aring be clos d.
AYES: Allen, Barbre, B ck r, Caraon, Draper,
NAYS: None
A.BSENT: S nti
Th motion carried.
Bray
and facill.t t •
Hra. Pi raon aak d th pl aur of th Commiaaion on thia mat r.
Mr. All n atat d that he YOUld lik to .. k a d t rain ti n r
at thia tin
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Carson moved:
Tanguma seconded: The Planning Commission disapprove the application
for time extension for the nonconforming use at 4370
South Broadway, as requested by Rocky Mountain
Acquisitions.
Mrs. Pierson asked if there were any comments?
Mr. McBrayer stated that he felt the applicant was ill-prepared for the
meeting this evening; there was no financial information pres e nted to
substantiate the allegation of a financial hardship if the business were
forced to relocate. Mr. McBrayer also cited the fact that the applicant
had undertaken some remodeling of the premises following enactment of a
temporary ordinance placing controls and restrictions on adult entertain-
ment uses/service facilities. Mr. McBrayer stated that the burden of
proof of substantial and unnecessary hardship is on the applicant, and
he did not feel that the applicant had presented any proof to substantiate
his claim.
Mr. Tanguma agreed that the applicant had presented no documentation to
support his request, and that it has become apparent to him that the hard-
ship is self-imposed. Mr. Tanguma cited the fact that Mr. Deckard had
offered the exorbitant rental to the landlord; he had misrepresented the
type of business he was in; he chose a location that is not compatible
with the type of business he chooses to engage in.
Ms. Becker stated that she would prefer a little more time to study the
evidence and testimony presented at this hearing; however, there is a
motion on the floor, and she would support the motion to deny the applicant's
request.
Ms. Pierson discussed the contradicting testimony that has been pres nted
at this Hearing. She stated t~at she did not feel the applicant has es-
tablished a case to prove unnecessary and substantial hardship if the
provisions of the Zoning Ordinance were to be enforced.
The question was called for.
AYES: Pierson, Tanguma, Allen, Barbr , Becker, Carson, Draper, McBrayer
NAYS: None
ABSENT: Senti
Th aotion carri d.
Pierson thank d m b rs of th audience for their att ndance . Sh
point d out that th line of app al for th applic nt is th Court.
V. PUBLIC FORUM.
Pierson aak d if anyon wiah d to ddr •• th
ddr aa d th Commiaaion under thia a ction of th
•
Co11111i 1 ion ?
g nda •
No on I • •
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VI. DIRECTOR'S CHOICE.
Ms. Powers s tated that she would suggest the Findings of Fact on this
Public Hearing for Extension of time be adopted as qui ckly as possible.
They will have to be written. Discussion ensued. A tentative meeting
was scheduled for December 15th at 6:00 P.M. to adopt the Findings of
Fact.
Ms. Powers stated that she had nothing further to report at this meeting.
The meeting adjourned at 10:45 P. M.
G trude G. Welty
cording Secretar
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CITY OF ENGLEWOOO PLANNING AND ZOOING COMMISSI N
December 15, 1981
I. CALL TO ORDFR.
The Special Me eting of the City Planning and Zo nin g ro
to order by Chairman Judi th B. Pierson at 5:35 P.M. in
c lled
Rot'm A.
Members present: Senti , Tanguma, Barbre , Be cker , Car ·~. raplr, McBrayer ,
Pier son
Members ab s nt:
Also present:
Pow r q, Ex-officio
Allen
Assistant Director Dorothy A. Ro mans
Senior Planner Susan T. King
Assis tant City Attorney Thomas V. Holl nd
II. FINDINGS OF FACT
Nonconforming Use Time Extension
4370 South Broadway
The Findings of Fact pertaining to th r quest for a time exten sion for
operation of a non c onforming use at 4370 South Broadway were considered
by the Planning Commission member .
Following the reading of the Finding of l ct, Ch irman PI ersun sked if
the Commiss ion had any questions reg rding th Findings of Fact?
Mr.
H arin
of tim
Th
iv n
of ta t .
Mr . Mcllr
w s p
did
Holland whetht·r th • Co mm is ion t.ou I d cons idl'
brou ht or t h in the Hearing ? Mr. Holland
n admlni tr tiv body , could consid r
usually may not. r. Holland
•
t stim nv
Adult Ct'nt r.
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Mrs. Pierson stated that it should be noted for the record that Commission
Member Milton Senti had read a copy of the tran script of th e proceedings
of the Public Hearing for tha t period of the Hearing that he had been un-
able to att e nd.
Draper moved:
Tanguma seconded: The Findings of Fact on Case 1116 -81 be approved as
written.
AYES: Tanguma, Barbre, Becker , Ca r son, Draper, McBrayer, Pierson , Senti
NAYS: None
ABSENT: Allen
The motion carr ied.
There wa s a question on the newspap r report of the lawsuit filed against
the City. Mr. Holland stated that the lawsuit filed by Rocky Mountain
Acquisit ion s , Inc., against the City , which was served on the City earlier
this date, has been filed in Federal Court, but that the Planning Commission
was not a defendant. Mr. Holland commented that City Co unci l has au thorized
the legal staff to take measures to support t h Co mprehen sive Zoning Ordi-
nance. As a result of th Commission's de islon and of this authorization,
he probably will b filing a suit agains the Adult Cente r/Rocky Moun ain
Acquisit ion s , Inc., to enforce the Zoning Ordinance and require the re -
location of the busin ess. Discussion ensu d. The City sui:: filed agdinst
Rocky Mountain Acquisitions will b in Stall Cou rt, and while both courts
may have jurisdiction over th mat er , it will hav£> to be determ i n d whi ch
Cou rt will hear th ase.
Mr. Tanguma qu s tioncd the time fram on t h 1 w~uit ? 1r. Holl nd bt t•d
that tim -wis , it would prob hl be b<tt r In tlH t'd r 1 Cour ; th Stat
Court dock • has a large b· ck-log .
Mr. T nguma sk d i there w
clos now, without having to
Mr. Holland tat d th this
thru th St te Court, hut
Dl u ion
k.n wn,
n•rour <'
d? Mr,
t.tt d lh
to
11ll
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\.
The meeting adjourne d e.t 6 :10P.M.
Gertrude G. Welty
Recording Secretary
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CI TY P~~NING AND ZO NI NG COMMISSION
ENG LEWO OD, COLORAD O
IN THE MATTER OF CASE NO. 16-81,)
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING TO )
A REQUEST FOR AN EXTENSION OF )
TIME TO CONTINUE TO OPERATE A )
NONCONFORMING USE AT 4370 SOUTH )
BROADWAY PURSUANT TO SECTIOO
22.6-11 OF THE COMPREHENSIVE
ZONING ORDINANCE, ORDINANCE NO.
26, SERIES OF 1963, AS AMENDED,
CITY OF ENGLEWOOD, COLORADO.
)
)
)
)
)
A Hearing wa s held in connec t i on wi t h Case No . 16-81 on December
8, 1981, in the City Co un cil Chamb e rs of th e Englewood City Hall. The
following members o f the Ci t y Plann ing a nd Zoning Commission wer present:
Mr. Allen, Mr. Bar b r e , Mrs. Becker, Mr. Carson, Hr. Draper, Mr. H Braye r,
Mrs. Pierson, Mr. Sent i and Mr. Tanguma .
Mr. Senti wa s e x c us e d fr om t h mee ting at 9 :1 0 P. M.
The hearing was u pon t he applica t ion o Mr . Micha~l Deckard (as
agent for Ro c ky Mo unt ain Acquisitions) for a 180 day exten 1 n of th~
amortization t i me pe r iod under th Comprehensive Zoning Ordln n ' of
th South Broadway Ad u l t Center , 370 South Broadway, Fn~lcwood , Colorado.
Th Adult Cent e r was pres nt through Mr. Deckard and rt>pn•s ntl'd by ay
Ric , Esq. of t he law firm of Arthu r M. S hwartz, P.c.
fiNDINGS 01 J'AC1
Upon review of the evido:nc • tahen In rl t form of t
r port and fil d docum nts, th City PI mn1n .tnd Zo in
th following rindin H of " t:
of th
of
of
m tt
1. That
3. That
d pt d c rta!n
h !ttzn o
•
timon , preset t tlon •
l o111!!11 1 n 1~
11
ol
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Maintain the resident ial neighborhood s a s the cornerstone of
our connnunit y .
Provide th e environment necessary to ma intain a s table co mmun i t y .
Insure a balance among the residential, industrial and comm ercial
areas of th e City .
Develop a balanced comm e r cial dis tr ict which will attract new
businesses t o Englewood.
Permit add i tional u ses in specific commer cial a r eas which will
complem nt the characte r of the area and permit combinations
of uses in c r ei 1 reas whi ch will encourage and facilitate
ma jor redev elopment .
4. After h a r lngs be or th City Planning and Zoning Co mm ission
on January 27 , 1 81, and b fore the City Council on Feb r uary 5 , 1981, with
full opportunity for all int re ted persons to present evidence, the City
Council, based up on 1 gislativ findings made by the Planning and Zoning
Commission and City Council , dopted Ordinanc No. 21 , S ries of 1981, on
February 5, 1981, which Ordinance amended Chapter 22, constituting the
Comprehensive Zonin Ordinanc for the City of Englewood, Color do,
Or d inance No. 26, Serle of 1963, as amended, by adding Sections 22 .4-lOh,
22.4-llh, 22.4-13k and 22 .1 -1 , restricting the establishm nt of adult
ent rtainment bu sinesses a d fined therein, in certain areas of th City
of Englewood.
5. That following publ k h •arings b •f rc th.., Cit
Commission on Mav 1 , 1981 , and befor th City Co neil
and based upon 1• l'l tive Findings of Fact by tho"' bo.Jil, lrdin n..,
No. 44 , Seri of 1981 , wa s pas d by th City Counc 1, whi h Ordlnanc
am nd d Chapt r 22 of the Comp r h nslv Zoning Ordinanc<', Ordin. u •
26, Series of 1963, s ended, by defining dult u e , e t h]i h n
zoning limitations on th location of adult us K , nd providing for th
terminat ion of on onforming t, s with 1 0 day , unles ext nd by th
Planning and Zoning Commission .
6. nc No.
Council
b.
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c. There is a compelling in terest of the City of Englewoo d
that a permanent adult use zoning ordinance be enacted in
order to preserve the public health, safety, general wel-
fare and peace by regulating adult u ses in such manner as
to prevent their further concentrat ion and the continual
erosion of the character of affected ne ighborhoods of the
City.
That the City Coun ci l enac t ed Ord inance No. 44 as a r easonable
response to the legislative fa c ts found.
7. That unde r t he provi sion s o f Or dinance No. 44, Series of 1981:
a. No a dul t entertainment o r service facility shall be located
on an y site unles s s u ch site is not less than:
(1) 1 ,000 feet from the lo ca tion of anoth e r such adult
e nte rtainme nt or service facilit y ; and
(2) 500 feet fr om the boundary line of any r es id ntial
area as defined in the Compreh n s ive Zoning Ordinance,
Ordinance No . 26 , Series of 1963, as amended, including
but not limited to R-1-A, R-1-B, R-1-C, ~-2 , R-2-C,
R-3 , or R-4 , or a similar resid ntial zone district
i n an area adjoining the City of Englewood, or any
religious institution, public park, pu blic librarv,
community cente r, or due tional insti ution, whether
within or without the Citv of fngl w ol.
b. Any person, p r sons or n
of
mi
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8. That the Adult Center is located immediately adjacent to residential
property, near other residential property, within 500 feeL of two churches ,
and so is in a location not permitted by the Comprehen sive Zoning Ordinance.
9. That in considering a request for an extension of time under
the provisions of Section 22.6-11 of the Compreh e nsive Zoning Ordinance,
Nonconforming Uses Terminated Within 180 Days, the person requesting the
extension must show that unnecessary and substantial hardship would exist
were the business to cease operation in the proh ibited location in com-
pliance with Ordinance 44, Series of 1981; and the Commis s ion has considered
the following elements as relevant to establishing unnece ssary hardship:
a. Whether the property can yield a reasonable return if used
for a permitted use within the zone district.
b. Whether the plight is due to unique circumstances of th e
owner or not to the general conditions of the neighb o rhood.
c. What Lype of impact the use has upon the essential chara cter
of th e locality.
10. That on June 15, 1981, a letter was s nt to Gary Wichert, President ,
Rocky Mountain Acqui sitions , Inc., 3541 South Jas per Way, Aurora, Color ado ,
80011, giving notice that the business would have to cease op ration in
its present location on or before November 30, 1981, and that his firm
could apply for a 180-day extension of that time, a copy of which 1 tt r
was sent to Mr. Deckard, agent for Rocky Mountain Acquisitions, Inc .
11. That Michael Joseph D ckard , agent for Rocky Mountain Acqui itions,
Inc., dba the Adult C nter at 4370 South Broadway, maintaining that the
Adult Center at 4 370 South Br oa dw ay was in op r tlon on Juno.: 3 , 1981, th
effective date of Ordinance No. 44, S ries of 1981 , has appli d for 1 0-
day extension of the time limitation i mp os d und~r ectlon 22. -11 nd
Section 22 .4-11 h.l.(a) of th om pr hensiv Zonln Oriln nc~, Adult ~n-
t rtainm nt and/or Servic F cilit .
12. That D ckard, i n th
time, alleged as reasons for
pproximately $50 ,000 had be
would b d ifficulty in being
it w difficult to
do r~od ling nd
of hi r qu st.
t 370 South Broadw y i
nd that th r is n
~ld ntlnl purpo cs,
nd l ss th n 240 f
within th B-2,
zon•d R-~. M dium-
nt o th pr p-
t.
14. Th t th r
prop r y t 'l70
two r 11 ious institution~ within 00
Broadw y.
f th
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16. The City of Englewood, with about 30,000 inhabitant s , is a
small town within a metropolitan area; residential use is predo minant
in Englewood, comprising about 63 percent of the area of the Ci t y , and
it is desired to maintain that characteristic; t he commercial areas are
Cinderella City, a large multi-million dollar retail shopping area which
offers a broad array of retail outlets which are compatible with the make-up
of the community and satisfy the shopping needs of the res ident s ; the
adjacent central business district and medical center provide necessary
services and health facilities to the citizens of the area; the industrial
uses are of the light manufacturing type and provide work for many of the
residents.
Family and religious values are of paramount importance to the citizens
of Englewood, and th e maintenance of a strong educational program, a viable,
thriving commercial area and major redevelopment of that are a are important
goals for the City.
17. That children as young as e ight years old, and adul t s in the
neighborhood adjac ent to 4370 South Broadway have found explici t materials
deposited in the alley and in their yards which are attributed to a nd
have been identified as having come from th e Adult Ce nt e r at 4370 So uth
Broadway, which pic tures have depicted, illustrated, and related to
specified sexual activities; a picture found by one eight year old c h i ld
and taken to his parent for an e xplanation depi c t s , in seq u e n ce , a nude
couple engag d in f llatio; and these expli cit materials a r e d eeme d to
have a blighting and harmful effect up on th e neighborhood , and the adult
and childr e n r esiden t s who may be exposed t o this material.
18. The evid~n ce demonstrates an impact on the n ighborhood since
th Adult Center op n d o n o r about Dece mber 1, 1980 , including an in-
c r as in th number of prowlers , voyeurs, young girls and hoys being ap-
proach d by persons unknown to them, and the nature of the crimes report d
s ignify th t violent c rim s nd the incidence of prostitutes an d prostitution
re as ociated with the e xis t e n ce of t he Adu lt Ce nt er .
19.
of famill
That th a rea in the vicinity of 4370 South Broadway is mad
nd service-orient d busln sses ;
up
20. That ttribut bl r ons patronizing n
which have oc urred t
dult cent r re
eta of v nd !ism
Thos ct
th intru
nd th n to provld
to th ft from c r p rkcd in
nt nd undesirable persons into th
prot ection to wom n working within
•
n rb y church.
th c hurch lot,
church building,
th church.
to
in-
cupl 3l
n w
n ga tv
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22. That the City of Englewood is especially dependent upon a thriving
and active business community for its revenues. That th e Ci t y has begun a
downtown development program, a revitalizat ion program in all a r eas of the
city, and proposed a new Sign Code to modernize and encourage business de-
velopment within the City; that the blight caused by this adult use o r other
adult uses located within a commercial area targeted for r e v italization by
the City will have only a harmful and possibly devastating effect whi c h will
impair the business and economic goals of the City, and may prevent the
City from securing sufficient operating revenues if business blight is caused.
23. The Adult Center is located within a B-2, (busines s ) Zone Dist ri c t
on the east side of Broadway (the City's main street) between Quincy and
Radcliff Avenues; permitted uses therein are one hundred six uses permitted
in the B-1 District, plus fourteen additional uses; the Commission takes a d-
ministrative notice of these one hundred twenty permitted uses within the
B-2 Business District, and notes the permitted u ses include: appliance
stores, business machine stores, drug stores, electric contractor s hops,
furniture stores, hardware stores, home furnishing sto r es, l iquor stores,
paint and wallpape r stores, and shoe stores, to nam e a f e w.
24 . The location at 4370 South Broadway would support and give a
reasonable r e turn from a permitted moderat ely extensive retail business
or service-oriented business . Those type businesses would be consistent
with the area's business identity and would be complementary and rein-
forcing to the marketing identity of the area.
25 . This area wa s zoned commer cial with adjacent residential zonin g
in 1955; the area supports both re sident ial uses and small s rvice-oriented
businesses; th essential c haracter of the neighborhood has remained un-
changed for th most part since that o r iginal zoning.
26. The only other nonconforming uses which
resident ial uses within the comm rcial zon ; th r
to the Adult C nt r us in the surroundin ar a.
xist in the zon ar
is no other use similar
27. At th tim Deckard leas d this building, he misrepresent d,
expressly or implicitly, to the owner that a carpet and upholstery hop
would b th u e mad of the property; at th time the April 23, 1981,
improv m nts adding 14 dditional movie booths and an area for nud
dancing to th building w re undertaken by Deck rd, he had knowledge of
th m nd d zonin ordinance which prohibit d xp n ion of th adult
pr suming D ckard'a ass rt d valu is correct, about 80% of the valu
the capital it ms of th Adult C nt r ar thos which ar a ily m v to
a n w location without lo s of valu : movi uppli nd proj ctors
v lue bout $25,0 0; private viewing booths --valu about $6 ,000; book
nd mag zin --v lu bout $6 ,500; oth r costs uch as tto rn 's f s
of $5,000 continu in valu tion t new location nd ar not ·p ci ic lly
ttributabl to thia location. Th Commission not s th t Building P rmita
how $5,800 aa th valu of improv m nts to th Adult Cent r.
28. Th
thia prohibit
v a tm nt (whi
f w month •:
tion; appl1c n
1hould b bl
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lease agreement of the Adult Center is terminable in November, 1982, and
applicant is not legally obligated thereafter.
29. That applicant, Deckard, although requested to do so by the City
Planning and Zoning Commission, presented no financial statements, record s ,
or documents relevant to the financial aspects of the applicant's claim of
unnecessary or substantial hardship, were the business as the Adult Center
to cease operation and . relocate in conformance with Ordinance No. 44,
Series of 1981.
30. That there are approximately 700 acres of land within the City
of Englewood which are zoned for commercial and business use in which an
adult entertainment and/or service facility can be located if approved as
a Conditional Use by the City Planning and Zoning Commission, and thi s
area is approximately 15% of the area within the City of Englewood.
31. The applicant did not show and the Commission finds that there
were not unique circumstances which would favor granting this applicant
an extension; there were no unique characteristics of the building with-
in which the applicant is located to favor an extension, the zoning ordi-
nance applies equally to all within that zone area to prohibit adult es-
tablishments within the locational zones.
32. The Commission finds that Deckard's veracity is open to serious
question based upon the following conflicts in evidence: Deckard stated
no nude dancing occurred at the Adult Center --two reliable witnesses'
testimony indicated nude dancing did occur; Deckard
indicated he had made no representations to the owner concerning use of
the premises at the time of rental --a busine ss card which he gave to
the owner clearly states or implies that the building was to be an auto
and home upholstery shop; Deckard indicated he was obligated to leas
the premises for a ix-year term --the leas shows his legal obligation
ends in ovemb r 1982.
33. That the Comprehen sive Plan for th City of Englewood, Color do ,
the minutes of the Planning Commission and City Co un cil and Finding of
Fact and Conclusions relevant to the con id ration of Ordinan ce o. 21
and Ordinance No. 44, both Series of 1981, the Adult Entertainm nt Busin sa
Survey dated May 4, 1981, together with Ordinance No. 44-81, nd oth
docum nts submitt d by witness app aring t this H aring , w r nt
into and mad part of the r cord of this H ring, and r f rred by
Commis ion ppropriate. Th Co ission has al o consider d t
if r levant, of other witn sse who appear d at thi Hearing.
1. Th t prop r notice of tb Public H aring wa given in complianc
with th dir ctiona of the City Pl nning nd Zoning Commis ion by po tin
th prop rty at 4370 South Bro dway, nd by 1 gal notic in th official
City N wap p r.
2. That all p raon pr s nt who wish d to addr a th
did ao and couna 1 for the pplic nt, Hich 1 D ckard, h d
to x in all p raons giving testimony •
•
Commhaion
n opportunt
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3. That there were no unique circumstances existent which would
favor granting an extension of time to terminate this non co nforming use .
4. That the Goals for the long-range planning for the desired
development for the City of En glewood, Colorado, were developed by
citizens of this community and were approved by the City Council by
Resolution No. 49, Series of 1979, upon the recommendation of the City
Planning and Zoning Commission and recorded in the office of the Arapahoe
County Clerk and Recorder. That the Adult Center has a negative impact
on relevant goals because it does not tend to maintain a balance of commer-
cial uses which will attract new businesses and it does not provide
the environment necessary to maintain a stable community.
5. That testimony demonstrates that secondary effects of the Adult
Center have occurred in the adjacent neighborhood since the opening of
the Adult Center at 4370 South Broadway, which lead to the conclusion that
type of business has a negative impact upon the family-oriented residential
character of that area.
6. That negative impact was exemplified by increased acts of
vandalism to nearby churches, an adverse impact upon the small children
of the area, a significant change for the worse in the types of criminal
activity located in the area.
7. An adverse impact upon nearby businesses was demonstrated in
the form of lower property values, decreased patronage, the unwillingness
of businessmen to reinvest in the area, and the contrariness to the
economic development efforts of the City.
8. That evidence was presented that the applicant continued to
expand the facilities at 4370 South Broadway, after an amendm nt to th
Comprehensive Zoning Ordinance prohibited such uses at that location nd
such expansion violates the Comprehensive Zoning Ordinance.
9. That, if indeed ther be any hardship in complying with th
provisions of Ordinance No. 44-81, it completely or parti lly has been
self-created by the actions of the owners and representat ives of Rocky
Mountain Acquisitions, Inc., dba th Adult Center, 4370 South Broadway,
who have acted in full knowledge of pending controls.
10. That vid nee pr s ntcd by th pplicant did not docum nt or
substanti t th claim of unn cess ry and ub s tanti 1 h rd hip for 1 0
d y xt nsion to be grant d by th City Pl nning nd Zoning Commission.
Oth r videnc est blish d to th contrary.
11. Nothing bout th
r turn could b
as a bu in a machin
stor , or so
stor ,
oth r mod
12. That th Adult C nt r locat d
500 r et from two chur ch 8 nd
prohibit d at it1 location
locat and still r
aaa ztn nd nud
of th p r-
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-9-
DECISION
Therefore, it is the decision of the City Planning and Zoning Commission
that the request of Michael Joseph Deckard for a 180-day extension of the
time limitation placed on the Adult Center, 4370 South Broadway, by Ordinance
No. 44-81, be denied because the unnecessary and substantial hardship standard
for granting an extension does not exist.
Upon the vote on a motion made by Mr. Carson, and seconded by Mr.
Tanguma at a meeting of the City Planning and Zoning Commission on
December 8, 1981.
Those members voting in favor of the motion: Mr. Allen, Mr. Barbre,
Mrs. Becker, Mr. Carson, Mr. Draper, Mr. McBrayer, Mrs. Pierson and
Mr. Tanguma. No members voted in opposition to the motion. Mr. Senti
was absent at the time the votes were cast.
BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION.
~/n
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EXHIBITS MADE PART OF RECORD OF PUBLIC HEARING ON CASE #16-81, TERMI NAT I ON
OF NONCONFORMING USE AT 4370 SOUTH BROADWAY. December 8, 1981.
1. Staff Report -Case #16-81.
2. Application for Extension of Tim e for Nonconforming Use.
Rocky Mounta i n Acquisitions , I n c ., Applicant.
3. Certification of Posting of subject property -4370 South Broadway .
(two certifications)
4. Notice of Public Hearing published in Englewood Sentinel --published
November 18, 1981.
5 . Building and Electrical Permit Applications pertaining to 4370 South
Broadway.
6. Lease between Rocky Mountain Acquisitions, Inc., and Robert Schea r
for property at 4370 South Broadway.
7. Comprehensive Zoning Map (on the wall of the City Coun ci l Chambe r s).
8 . Land Use Map of s ub j ect block.
9. Map of are a s which would perm i t a dult entertainme nt/service facilities.
10. Comprehen siv e Zoning Ordinance , 1963 , a s amended.
11. Compr e hensiv e Plan , 1979.
1 2. Adult Entertainment Bu s iness Survey -May 4, 1981.
Planning Divis ion
13. Po l ice De partment Ev i de n ce pe rtaini ng t o 4370 South Br oadway.
a . Ca se #81 -188 13
b. Ca se #81-26386
c. Re port by Dav e Miller, date of 11 /21/80
d. Co py o f b usin ess card f or Au t o & Home Upholstery Shop
e. Case #81-1244 1
f. Case 1181-23688
g. Case #81-21138
h. Cas #81-18813
i. Cas #81-27043
j . C se #81-24045
k. PO Statem nt Form -#81-27043 (Randall J. Moore
1. PO Statem nt Fo rm -#81-27043 (Wm. D. Fr eman)
m. PO Statem nt Form -#81-27043 (Wm . D. Fr eman)
n. PO Statem nt form -#81-27043 (Mar• G. Marconi)
o. PO St t ment Form -#81-27043 (Gaylen J. Br sw 11)
p. Offic rs #81-27045 (W. L. Gr ng r)
q. Officer #81-27043 (Collins, John M.)
r. Officers #81-27045 (M. P. Dailey)
II. Offic n nt 1181-27043 (D. L. Bak r)
t. EPD Inv stigation Progr &I R port -Cas #81-27043
u • Advill m nt of rights -Randall J 11 Moor
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Page -2-
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
v.
w.
x.
y.
z.
aa.
bb.
cc.
dd.
ee.
ff.
gg.
hh.
ii.
jj.
kk.
11.
mm.
nn.
oo.
pp.
Randall James Moore -list of previous charges and convictions.
Property Evidence Report -Randall James Moore Case #81-27045
Property Evidence Report -Randall James Moore Case #81-27045
Consent to Search -Randall Moore
Consent to Search and Seize -Randall J. Moore
Information on Randall James Moore
Voluntary Statement -L. C. Vaccarella
Consent to Search and Seize -L. C. Vaccarella
Property Evidence Report -Lynn Vaccarella -Case #81-27045
Property Evidence Report -Lynn Vaccarella -Case #81-27045
Property Evidence Report -Lynn Vacarello -Case #8127043
Operational Checklist -#81-27045
Receipt from Lucky U Motel -Chris Vaccarella
Intoxilyzer Test Record -Lynn Vaccarella
Advisement of Rights -Linda Jean Watson Case #81-27043
Special Report -Case #81-27043
EPD Results of Laboratory Investigation -Wm. D. Freeman -Case #81-27045.
Statement by W. Freeman -11/18/81
Investigation Progress Report -Case #81-27043
CBI Report -re Sue Ann Morgan
Report on Linda Jean Watson
Planning Commission Minutes of January 27. 1981.
Planning Commission Minutes of February 3, 1981.
Findings of Fact pertaining to Case No. 1-81
Planning Commission Minutes of May 19, 1981.
Planning Commission Minutes of May 26, 1981.
Findings of Fact on Case B-1-81.
City Council Minutes of February 5. 1981.
City Council Minutes of May 4, 1981.
City Council Minutes of June 1, 1981.
23. Letter to Mr. Gary Wichert, President, Rocky Mountain Acquisition, Inc.
Dated June 15, 1981.
24. L tt r to Mr. Gary Wichert, President, Rocky Mount in Acquisition, Inc.
Dated July 7, 1981.
•
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ACTIVITIES
ENGLEWOOO PUBLIC Ll BRARY AOV lSORY BOA I{[)
January 12, 1982
5 8
An informal joint meeting was held at the John V. Christensen L11Jrary from
7:00 to 8:00p.m. The meeting included members of the Board and Trustees from
the Aurora, Littleton, ARI.n ami f:nglewoocl l.ihraries, with a total of ninet een
per·so n s in :~ttenJan.:e.
At 8:15 p.m. the Englewood Public Library Advisory Board wa s to meet, but a
quorum was not present. In I ieu of the meeting an inform;otion ~cs . ion wa s held.
This session was Jlso111s scJ at 1!:50 p.m.
PRESENT: Howard Morarie, Bruce Hogue, Bob Currie, Dorothy Wheelehan
AI!SENT : Marietta lirown, .Joe Rathburn, Jerry VaiJe,, K.oy Van aU.cnburg,
Norm Kerswill
ALSO
PRESENT: Sharon Winkle, Director of l.ibr:~ries
Donna Gottberg, Recording Secretary
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CHERRY CREEK SCHOOLS
January 12, 19 2
~layer Otis & City Council
City of Englewood
Dear i,layor Otis:
Please accept this as my letter of resignation from the
Library Advisory Board of the Englewood Public Library.
It has been a deli!'ht to serve 11ith l'rs. ~haron l'inl:le,
our Library Director and t '1e other Board nenbcrs these
past two years, as I have learned ii'!Mensely about the
function ac nublic libraries. I trust that our City's
fine library. can continue to achieve quality service,
and enjoy the support of the community ~<•hic h it serves.
Holy Ridge Cantw
Dl1 South Monec:o Boulevwd
. o.-. Coloredo G22
13031 'lllli7-GI1
Again, thank you for the opportunity to serve on this Board.
Sincerely,
~t:hff-
cc. Irs. Sharon Winkle
RE CEIVED
IAN 1::; 19€2
CITY MANAGlR 'S OfFIC :
ENGlEW')()O I •
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BY AUTHORITY
ORDINANCE NO. ____ __
SERIES OF 1982
A BILL FOR
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER liL a u
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE EX OFFICIO CITY
CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS
ADDING SECTION 9 TO CHAPTER 5, TITLE I, OF THE ENGLEWOOD MUNICIPAL
CODE OF '69, AS AMENDED.
WHEREAS, the responsibilitiesof the office of the City Clerk
require that assistantsand deputies be delegated responsibility to
effectively carry out the duties of the office of City Clerk.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. The following Section 9 is hereby added to Chapter 5,
Title I, of E.M.C. '69, as amened:
(9} The Director of Finance may appoint members of
Department of Finance as assistants and deputies
as such are necessary to carry out the duties of the
City Clerk.
Introduced, read in full, and passed on first reading un
the 18th day of January, 1982.
Published as a Bill for an Ordinance on the 20th day of
January, 1982.
Eugene L. Ot~s, Mayor
Attest:
ex officio city Clerk-Treasurer I •
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englwood, Colorado, hereby certify that the foregoing ~s a true, accurate, and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 18th
day of January, 1982.
Gary R. H~gbee
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ORDINANCE NO.
SERIES OF 198•2-----
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 2
INTROD:l?D BY CO UNCIL
MEMBER ML
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE EX OFFICIO CITY
CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS
ADDING SECTION 9 TO CHAPTER 5, TITLE I, OF THE ENGLEWOOD MUNICIPAL
CODE OF '69, AS AMENDED.
WHEREAS, the responsibilitiesof the office of the City Cl erk
require that aaaistan~and deputies be delegated responsibility to
effectively carry out the duties of the office of City Clerk.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. The following Section 9 is hereb y added t o Chapter 5 ,
Title I, of E.M.C . '69, as amened:
(9) The Director of Finance may appoint members o f
Department of Finance as ass i stants and depu t l .es
as such are necessar y to carry o ut the dut ies of the
City Clerk.
Introduced, rea d in full , a nd p assed o n first reading on
t h e 1 8th day o f J anu a ry, 1 98 2.
Publi s hed as a Bill for an Ordinance on the 20th day of January, 1982.
Attest: Eugene L. Ot~s , Mayor
ex officio city Cl r k -Treasu r r
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englwood, Colorado, hereby certify that the foregoing
1s a true, accurate, and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 18th
day of January, 1982.
Gary R. H1gbee
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RESOLUTION NO.
SERIES OF 1982--
•
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A RESOLUTI ON AUTHORIZING PURCHASE OF REAL PROPERTY.
WHEREAS, the City of Englewood desires to purchase real
property located at 3455 South Broadway fo r municipal purposes;
and
7 8 I
WHEREAS, the owner of said property is desirous of selling
said property to the City of Englewood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. City staff is authorized to execute those documents
nece ssary to acquire the property hereafter described according
to the terms and conditions of the Receipt and Option Contract
attached hereto as Exhibit A and incorporated herein by reference:
Lots 35 and 36, Block 1,
Englewood Addition,
County of Arapahoe,
State of Colorado.
ADOPT ED AND APPROVED this 18th day of January, 1982.
Attest: Eugene L. Ot1s, Ma yor
x officio City Clerk-Tre surer
I, G ry R. Higb , x officio City Cl rk-Treasurer of th
Ci ty o En l wood, Color do, h reby certify that th foregoing
is a ru , curate nd complete copy of Resolution No. ____ __
S ries o 1982.
Gary R. Higb e
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RECEIPT ANO OPTlO CQ, TR ACT RECEIV~~ from t he City of Eng lewood, Colorado , Purchaser, the sum
of ~1 ,000 .00 , in the form of a Cit y of Englewood check, to be held by
lni ldred Fuo~~t . in escrow, as earnest mo ne y and part payme nt for the fol lowi n ~ d escribed real estate situate in the County of Arapahoe, Stat_!:-·::Jr Colo rado, t o-wit :
Lots 35 and 36 , 3 lock 1,
Englewood Add ition,
w1th all easements a~d rights of way appurtenant t heret o, all imp rove-
merts thereon and all fixtures of a permanent nature curre nt l y o n the premi se~ except as he r e inafter provided, i n their present condition,
orJinary ~ear and tear excepted, known as 3455 South Bro adwa y, which
pr oper ty p urchaser agrees to buy upon the following terms a nd cond i tio n s,
for the purchase p r ice of .J 75,000.0 0 , certified funds, paya ble as follows:
~1,0 00 .00 hereby receipted for, $74,00 0.00 payable
o n or before February 1, 19B2.
1. Price to include property in its current c onditio n, no warranty
expresse d or implied a s to the structur~l stability of a ny portion
thereof. City to be responsible to filli ng in property or meeti ng a ny safet y requireme n ts.
2. Purchaser shall obtai n a nd pay for commitment for title insur a nce .
3 , Ti tle shall be mercha n table in seller. Subject to paym ent or te ~d er as above pr ovi d~d and complia nce with the other terms a nd
conditions hereunder by pu rchaser, the sel ler shall exec u t e and del iver ~ go od and sufficien t ~en eral warranty dee d to said purchaser on or 1
e fore February 1, 19 ~2 . or, by mutu al a nreeme n t, at a n earl ier d ate,
c o nve yinq said property free and c lear of all taxes except the gener al
taxns for 19 R1, due a nd pay a ble Janua r y 1, 19R2, and lie ns for speci al prov~m· ts ~ow i~stalled , and asse s ed in the a mount of ~8 ,310 , sha ll
be pai d by the City of ~ng l Pwood from purchase price , and suuject to build 1ng and zo ning regulations.
~. ~eneral taxes for 1981 hall be appo rtio ned to date of delivary
o d ased o th most recent levy and the most recent as ses m nt.
crson al p roperty t x s , FHA mortqage insurance premiums shall ue
port ioned to date of d livery of deed ,
Th t! hour and pluce of clo inn shull be a::. de ignated by purchalier,
o essJon o premi
ubJ c t to the following lease
11 o &u or t nanc ies.
11 e delivered to purcha er on clo ino
or tenancies --none, free and clear of
f the ll r f ils to deliver pos es ion on the date h r ein specified,
h se ller hall b suujec t to evictio n nd shall be liable for a
ily rent 1 of ~400 unt 1 po ion i d liv red,
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7 . Time is of the essence hereof, and if any payment or any other
cond it i on hereof is not made, tendered or performed as herei n provided,
the re shall be the following remedies. In the event a payment or a ny
o ther c ondition hereof is not made, tendered or performed by the
purcha ser, then this contract shall be null a nd vo i d a nd of no effect, ~d bo th parties hereto released from all obligatio n s hereunder, and
all paymen ts made hereon shall be retained o n behalf of the seller as
l i qui da ted d amaq es. In the event that the seller fails to perfor m a ny
co nd i tion hereof as provided here in , the n the purchaser ma y , at its
P-le ction , treat the contract as termi n .ated, and all payme n ts made here-
und er s hall be ret urne d to the purchaser; provided, however, that the
purcha ser may, at its election , treat th is co n tract as being i n full
force and effect wi th the right to an act i o n for spec i f ic perfo rma nce
and dama !Jes .
B . In the eve n t the purchaser fails to approve this ins t rum ent
in wri tino on or before January 20, 1982, or if t i tle is not me rc han ta ble
and wr itten notice of d efects is gi ven to the purchaser or a ge n t with in
the time herei n provid e d for del i very of deed and shall n ot be rendere d
mPrcha~ta ~le wi th in 90 d ays after such writ te n notice , then this
contra ct , at purchaser's optio n , shall be void a nd of no effect a~d
ach pa rty hereto shall be released from all obligatio ,s hereu n der a nd
the pay m~n ts made hereunder shall be retur ned forthw i th to purchaser
upon receipt of the abstr act, i f a n y, t o seller ; provided , however,
that in lieu of correcting such defects, purchaser ma y, within sa id
90 day s, obtain a comm i tment for Ow n er's Title :,sur a nce Po licy in the
mount of the purchase price showing the titl to be free and from such
defect s.
~ '7?1.{'.:;.
9 . Up on approval hereof by the seller, this a ~reeme n t
con~r act oe tween seller and purchaser and shall i u re to
the heirs, successors and assiqn s of sa id parties.
C TT Y OF E ''GLE 000 , COLO RA::JO
Pure as er
ev __ ~~~~~~~~~~~~~-Y 11 anager
gq -., Seller approves the abov e
shall oecome
the bene fit
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RESOLUTION NO _f/
SERIES OF 198;=1---
•
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A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY.
WHEREAS, the City of Englewood desires to purchase real
property located at 3455 South Broadway for municipal purposes;
and
WHEREAS, the own er of said property is desirous of se lling
said property to the City of Englewood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. City staff is authorized to execute those documents
nece ssary to acquire the property hereafter described according
to the terms and conditions of the Receipt and Option Co ntract
attached hereto as Exhibit A and incorporated herein by reference:
Lots 35 and 36, Block 1,
Englewood Addition,
County of Arapahoe,
State of Colorado.
ADOPTED AND APPROVED this 18th day of January, 19 82.
Eugene L. Ot1s, Ma yor
Attest:
x off1clo City Clerk-Tre surer
I, Gary R. High e, x officio City Clerk-Treasurer of the
~ity of Engl wood, Colorado, h reby certify that the fore oing
1s a true, accurat and complet copy of Resolution No~~---
S ries of 1982.
Gary R. High
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RECE I PT ANO OPTION CONTRACT
RECE I V~O from the City of Eng lewood, Colorado, Purchaser, the sum
of ~1 ,000 .00 , in the form of a City of Englewood check, to be held by
lfii ldre d Fuoa~t. in escrow, as earnest money and part payment for the
fo llowinJ? oe scribed real estate situate in the County of Arapahoe,
Sta~~~r· Co lorado, to-wits
~
Lots 3 5 and 35, 3 lock 1,
englewood Addition.
with all easements a nd riqhts of way appurtenant thereto, all improve-
ments thereon an d all fixtures of a permanent nature curre n tly on the
premises except as hereinafter provided, i n their present condition,
orjinary we ar and tear excepted, known as 3455 South Broadway, which
pr operty purchase r ag re es to buy upon the following terms a nd conditions,
for the purchase price of ~75,000.00, certified funds, payable as followss
~1,000.00 hereby receipted for, $74,000.00 payable
on or be fore February 1, 1982.
1. Price to include p roperty in its current condition, no warranty
expressed or implied as to the structural stability of any portion
thereof. City to be responsible to filling in property or meeti ng a n y
safety requirements.
2. Purchaser shall obtain a nd pay for commitment for title insurance.
3 . Ti tle shall be merchantable in seller. Subject to payment or
tender as above provid~d and complian ce with the other terms a nd
conditions hereunder by purch aser, the seller shall execute and deli ver
a qood and sufficient qene ral warrant y deed to said purchaser on or
.e fore February 1, 19 ~2 . or, by mutual a ~reeme nt, at a n earlier d at e,
conv eying said property free and clear of all taxes except the general
taxes for 19R1, due and pay able January 1, 19 2, and liens for sp ecial
i provements now i,stal ed, and a sessed in the amount of 8,310, shall
be paid by the City of ~~glPwood from purchase price, and suuject to
uilding and zoning regulations .
. 3 n ral taxes for 1981 shall be apportioned to dale of deltvary
of deed b a ed on the most recent 1 vy and the most recent so sm nt.
Persona l prope rty taxe , FHA mortga e nsu r nee premiums shall ue
p port1on d to date of d l1v ry of deed.
~. Th hour and pl~c of clo inq hdll bw ~ d on l d uy purch ~er.
5. Po jon of pr
subJ c t to t.he follo ing
el l leases or t n ancie
h 11 be d liv red to purch r on closino
s or tenancies --none, freo and clear of
f ils to d liver po sio n on th dat heroin p ci f iod,
th eller h 11 be uuj cl to ev ction nd s ha ll be li blo for
d ily rent 1 of i400 unl 1 po se sion 11 delivered •
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7. Time is of the essence hereof, and if any payment or any other
condition hereof is not made, tendered or performed as herein provided,
there shall be the following remedies. In the event a payment or any
other condition hereof is not made, tendered or performed by the
purchaser, then this contract shall be null and void and of no effect,
and both parties hereto released from all obligations hereunder, a nd
all payments made hereon shall be retained on behalf of the seller as
liquidated damaqes. ln the event that the seller fails to perform a ny
condition hereof as provided herein, then the purchaser may, at its
election, treat the contract as termin .ated, and all payme n ts made here-
under shall be returned to the purchaser; provided, however, that the
purchaser may, at its ~lection, treat this co n tract as being in full
force and effect with the right to an action for specific performance
and dama Q~s .
8. Jn the event the purchaser fails to approve this instrument
in writino on or before January 20, 1982, or if title is not merchantable
and written notice of defects is gi ven to the purchaser or ag en t wi th in
the time herein provided for del i very of deed and shall not be rendered
merchantabl~ within 90 days after such written notice, then this
contract, at purchaser's optio n , shall be void an d of no effect a~d
each party hereto shall be released from all obligations hereunder a n d
the p ayme nts made hereunder shall be returned forthwith to purchaser
upon rece i pt of the abstract, if any, to seller; provided, however,
that in lieu of correcting such defects, purchaser may, with in sa id
90 days, obtain a commitment for Ow ner's Title !nsura nc e Pol icy in the
amou n t o f the purchase price showing the title to be free and from such
defects.
~ ?n.C..9.
9. Upon approval hereof by the seller, this a o reeme n t
a contract between seller and purchaser and shal l inure to
of the eir s , successors and assi g ns of said par t ies.
C TY Or E •rtE ~O O O , C OLORA~O
Pu r e as r
ev ___ -r~~~------~~~~~~-Andy r ceo n , ~lt y ma n a g er
SPller a p p roves the abo ve
•
shall become
the benefit
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RESOLUTION NO.~
SERIES OF 1982
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A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY.
WHEREAS, the City of Englewood desires to purchase real
property located adjacent to Centennial Park for municipal
parks and recreation purposes; and
WHEREAS, the owners of said property are desirous of selling
said property to the City of Englewood.
NOW, THEREFORE, BE IT RESOLVED BY THE CI TY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. City staff is authorized to execute those documents
necessary to acquire the property hereafter described for a sum
representing fair market value of said property:
A tract of l and i n the SE 1 /4 NE 1/4 o f Section 8,
Township 5 South , Range 68 West of the 6th Principal
Meridian, in the County of Arapahoe, State of Colorado,
which tract was conveyed to HALL SAND AND GRAVEL,
INCORPORATED, b y Warranty Deed dated October 8, 1957
and recorded Octo ber 1 7, 1957 in Book 1036 at page 334
of the records of the Arapahoe County Clerk and Recorder
and which tract i s mo re parti cularly described as
fo l lows :
Beg i nn i n g at the NW c orner o f s aid SE 1/4 NE 1/4,
thence S 89°58'3 0 " E 59.4 f eet (meridian based on s olar
o bservation n ear t h is bound a ry) t o the TRUE POINT OF
BEGINNING; thence cont inuin g S 89°58'30" E 600 .0 f e e t
alo n g the Nort h line of s a i d SE l/4 NE 1/4 to a point
from wh ich point t h e NE corn er of s aid SE 1/4 NE 1/4
bea rs 5 89 °5 8'30" E 65 9 .7 feet; then ce from the last
sa id pointS 00°2 4'10" W 4 75.0 feet; thence E 71°30 '00"
W 3 4 8 .9 feet; th nee continuing N 71°30 '00" w 282.2 feet
to a point which b ars N 00°22'50" E 105.0 feet from a
witness corner; th nee from last said point N 00°22'50"
E 275.0 feet to th TRUE POINT OF BEGINNING, containing
5.165 acres mor or less.
Section 2. Conditions of purchase re:
(a) City shall pay for
transf r of prop rty;
(b) City shall purchaa
brances and 1 as a, if ny •
ny titl opinion and any costs of
property fr and cl r of ncum-
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ADOPTED AND APPROVED this 18thday of January , 1982.
Eugene L. Otis, Mayor
Attest:
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that th~bove is a
true, accurate and complete copy of Resolution No. , Series
of 1982.
Gary R. Higbee
-2-
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•
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A
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AUTHORIZING PURCHASE OF REAL PROPERTY.
the City of En glewood desires to purchase rea l
ted adjacent to Centennial Park for munic ipal
eation purposes; and
WHEREAS, t e owners of said property are, desirous of selling
said property t the City of Englewood .
NOW, THEREFO , BE IT RESOLVED BY TH& CITY COUNCIL OF THE
CITY OF ENGLEWOOD,
Section 1. City taff is authorized to execute those documents
necessary to acquire the property hereafter described for a sum
representing fair mar et value of said property:
A tract of land i n he SE 1/4 NE l/4 of Section 8,
To wnship 5 South, R ge 68 West of the 6th Principal
Meridian, in the Co ty of Arapahoe, State of Colorado,
which tract was conve ed to HALL SAND AND GRAVEL,
INCORPORATED, by Warra ty Deed dated October 8, 1957
and recorded October 17 1957 in Book 1036 at page 334
of the records of the Ar pahoe County Clerk and Recorder
a nd which tract is more p rticularly described as
follows:
Beginning at theN corner of said SE 1/4 NE 1 /4,
thence S 89°58'30" E 59.4 f t (meridian based on solar
observation near thi s bounda ) to the TRUE POINT OF
BEGINNI NG; thence continuing 89°58'30" E 600.0 feet
along the North line of said S 1 /4 NE l/4 to a point
from which point the NE corner f said SE 1/4 NE 1/4
bearsS 89°58 '30" E 659.7 feet; hence from th last
said point s 00°2 4'10" W 475.0 f t; thence E 71°30'00"
W 348.9 feet; thenc continuing N 71°30'00" W 282.2 feet
to a point which bears N 00°22'50" E 105.0 feet from a
witness rner; thence from last s d point N 00°22 '50"
E 275.0 to the TRUE POINT OF B GINNING, containing
5.165 more or 1 ss .
Cond1 ions of purchase are:
sh 11 y for ny ti 1 ny costs of
(b) Ci y sh 11 urch proper y fr ncum-r nc s nd 1 a a, l ny; I • •
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(c) .Form of agreement for purchase shall generally be as
attached in Exhibit A, Receipt and Option Contract.
ADOPTED AND APPROVED this _____ day of ______________ , 1982.
Attest: Eugene L. Ot~s. Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above is a
true, accurate and complete copy of Resolution No. , Series
of 1982.
Gary R. Higbee
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R SOLUTION NO.~
SERIES OF 19 82
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RESOLUTIO N AUT HORIZING THE CITY OF ENGLEWOOD, COLORADO, TO
EN ER INTO A UT ILITY SERVICES AUDIT.
WHEREAS, the Ci ty of Englewood has approximately 130
util ity accounts; and
7 n
WHEREA S, an audit of these accounts would ensure that the
City of Engl e wood is being properly charged for utility services;
and
WHEREA S, the City of Englewood requires the services of
an outside c on sultant.
NOW, T HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. The City Manager is authorized to enter into an
agreement w~t h United Utility Research, Inc. to conduct an audit
of the City's utility services in that form generally as found
in Exhibit A attached hereto and incorporated herein by reference.
ADOPTE D AND APPROVED this 18th day of January, 1982.
Eugene L. Otis , Mayor
Attest:
ex officio C y Cl erk-Treasur r
I, Gary R. Hi gbee, ex officio City Clerk-Treasurer of th
of En 1 wood , Colorado, hereby certify that the above is a
tr , ace r t e and complete copy of Resolution No.~, Series
0 1982 •
Gary R . Higbee
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AGREEMENT RE UTILITY SERVICE AUDIT
To be as s ured of o btaining our utility services at the
lowest possible costs, the City of Englewood (City) employs
United Util1ty Research, Inc., 1200 South Wadsworth Blvd .,
D env~r . co 80 226, to make recommendations for all possible
savings and r ef unds on City's electric and natural gas expendi-
tures.
It is un derstood United Utility Research will make a
techn1ca l audit and analysis of the various factors in City rates
and advise Ci ty of all possible reductions available in City
u tility costs.
1. Initi a lly, United Utility Research will examine City's
previou twelve months ' bills. Where overcharges are indicated,
City will go as far back as possible for refunds.
2. Un1 t ed Utility Research will furnish City an audit
por s ar z ing the d eta1ls of its analysis within a period of
four
bll
n hs atter United Utility Research's receipt of City's
C1 y'
Ut llt
Un1 ted Utility Research's continuing analysis will
fu ture utility bills, which will be sent to United
rch each month, during the next thirty-six months.
Un
t i
d U 1 ity Res arch will also act as City's consultant during
tl.
4. Uni ed Utility R • arch will examine and analyze
ly l JO ccount s th t ar pr sently billed to th City
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and any f uture accounts that are established during the life of
is c ontract.
5. For the above services, City agrees to pay t o United
/
Ut1lity Re sea rch a base fee of 1' of the previous twe lve-month
bill1ng s from date of this agreement, excluding the street light
co t s , anticipated base fee approximately $9,320. Further,
C1ty wil l share with United Utility Research 50' of all refunds
and/or credits City receives from the utility company in excess
of he ba se fee that are a result of United Utility Research's
examination of the billings prior to December 31, 1981. It is
agreed that United Utility Research will not share in any savings
beyond the December 31, 1981 date.
6 . United Utility Research will keep the work it does for
C1 ty confidential and will not contact City's utility companies
or negotiate with them without City's written authorization.
7. To assist United Utility Research in rendering the
bove serv.1ces and to enable it to make all poss i ble recommenda-
on , 1ty agrees to:
A. Furnish United Utility Research with any utility
con r c , cor r pond nc nd conn ct d load information as it
y requ.1re.
B. Fo drd to Un.1t d Utility R a rch d.1 t ly any
n w propo als and/or c orr apond nc r garding City's utility
0
a o r o r t.1ona •
Notify United Utility Rea a rch of any cont plat d
al o p r i n change s.
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D. Forward City's bills to United Utility Research
each month after payment.
DATED this ______ day of ___________________ , 1982.
ACCEPTED FOR
UNITED UTILITY RESEARCH INC.
CI'IY OF ENGLEWOOD , CO LORADO
By~----=-=---~~--~--------Andy McCown, City Manager
3 4 00 South Elati
Englewood, CO 80110
761-1140
By __________________________________ __
(authori zed representative)
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R SOL UT ION N O .~
SFRIES OF 1982 ____ _
A RESOLU TIO N AUTHORIZING THE CITY OF EN GLEWOOD, COLORADO, TO
ENTE R INTO A UTIL ITY SERVICES AUDIT.
WHE REAS, the City of Englewood has appro ximate ly 130
utili ty accounts; and
WHEREAS, an audit of these accounts would ensure that the
City of Englewood is being properly charged for u t ilit y ser vi c es;
and
WHEREAS, the City of Englewood requires the services of
an outside consultant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CIT Y OF ENGLEWOOD , COLORADO, as follows:
Sect1o n 1. The City Manager is authorized to enter into an
agreement wi th United Utility Research, Inc. to conduct an audit
of the City's uti lity services in that form generally as found
in Exhi bi t A attached hereto and incorporated herein by reference .
ADO PTED AND APPROVED this 18th day~ January, 1982 .
Eugene L . Otis , Mayor
Atte t:
x off 1c1o Ci ty Cl erk-Treasurer
I, ary
C1 y c f Engle
tr • accurat
0 l 82 •
R. Higbe , ex off cio City Clerk-Treasurer of th
od, Color do, h r by c rtify that the above is a
nd complet copy of Resolution No.~ , S ries
Gary R . Higbee
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AGREEMENT RE UTILITY SERVICE AUDIT
To be assured of obtaining our utility services at the
1 es~ pos ib e co sts, the City of Englewood {City) employs
United U il1ty Research, Inc., 1200 South Wadsworth Blvd.,
De nver, CO 80226, to make recommendations for all possible
sav 1ng s and refund s on City 's electric and natural gas expendi-
tures.
It is understood United Utility Research will make a
technical audit and analysis of the various factors in City rates
and advise City of all possible reductions available in City
u tility co sts.
1. Initially, United Utility Research will examine City's
previous twelve months' bills. Where overcharges are indicated,
C1ty will go as far back as possible for refunds.
2. Un 1ted Utility Research will furnish City an audit
r eport summarizing the details of its analysis within a p riod of
o r man hs after United Utility Research's receipt of City's
1 ls.
Unit d Utility Research's continuing analysis will
cov r C1 ty's future utility bills, which will be sent to United
u 11 ty Resea rch each month, during th next thirty-six months •
tJ ni d Util ty R arc h will lao act as City's consultant during
h1 t m .
4 . Unit d Utility Res arch will examin and analyz
o~im t ly l 0 ccounts that re pres ntly billed to th City
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and any futur e a c c o unt s that are established during the life o f
t i s c ont r a c t .
5. For the above services, City agrees to pay to United
lltl.lity Research a base fee of 1' of the previous twe l ve-month
billl.ngs from date of this agreement, excluding the street light
costs, an t ic ipated base fee approximately $9,320. Further,
City will share with United Utility Research 50' of all refunds
and/or credits City receives from the utility company in excess
of the ba se fee that are a result of United Utility Research's
examination of the billings prior to December 31, 1981. It is
agreed tha t United Utility Research will not share in any savings
beyond the December 31, 1981 date.
6. Un i ted Utility Research will keep the work it does for
Ci ty confidenti al and will not contact City's utility companies
or negotiate wi th them without City's written authorization.
7. To ass i st United Utility Research in rendering the
above services a n d t o enable i t t o make all possible recommenda-
t on , C.ty agrees to:
A. Furni sh Un i ted Utility Researc h wi th a ny utility
contr ct , correspondence a nd connect d load informa tion it
may r equire.
B. Forward to United Utility R search diately any
new pxopo a l s and/or correspo ndence r g a r d ing City's utility
ra o r o p ration s .
c. No t ify Uni ted Ut ilit y Reaearch of a ny con templa t d
or t al o r tl.ng chang •·
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D. Forward City's bills to United Utility Research
each month after payment.
DATED this ______ day of ___________________ , 1982.
ACCEPTED FOR
UNITED UTILITY RESEARCH INC.
CITY OF ENGLEWOOD, COLORADO
By~-r~~~---=~~~-------Andy McCown, City Manager
3 4 00 South Elati
Englewood, CO 80110
761-1140
By __________________________________ __
(authori zed representative )
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ORDINANCE NO.
SERIES OF 198_2 __
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BY AUTHORITY
A DILL FOR
COUNCIL 3ILL NO.3
INTRODUCED BY COUNCIL
MEMBER /),, ' ....._
AN ORDINANCE ~ROHIBITING INDECENT ACTS WITHIN THE CITY OF ENGLEWOOD,
COLORADO Gt'\..---d.:: D..c.-.::.~ ... -... ~, c.:...___ J)t ll·--i!·"-''f"''-"' '),
WHEREAS, the City Council of the City ~f Englewood declares
that it is in the best interests of the City of Englewood to pro-
hibit indecent acts within the City; and
WHEREAS, the previous Indecent Acts Ordinance, Englewood
Municipal Code of 1969, as amended, Sll-7-8, has been held to be
unconstitutionally vague and overbroad by the Englewood Municipal
Court.
NOW, THEREFORE, BE IT ORAINED BY THE CITY COUNCIL OF THE CITY
COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 11-7-8 of 7itle XI, '69 Englewood Municipal
Code, as amended, is hereby repealed.
Section 2. That to Title XI of the '~9 E.M.C., as amended, be
added a new Section ll-7-8 , as follows:
11-7-8 INDECENT ACTS
(a) It shall be unlawful for any person to perform any of
the following in a public place or where the conduct may
reasonably be expected to be view d by members of the
public:
(1) an ct of exu 1 int rcou~~e; or
(2) an ct of devi t s xu l int rcour o; or
(3) a lewd xpo ure of th body done with intent to
arous or to sati fy th s xu l d sir of any
person; or
(4) lewd fondling or c r ing of the body of one-
s lf or of anoth r poraon.
(b) It shall be unl wful for any person to knowingly expo
his or her genitals to th vi w of any person under circum-
t nc in which such conduct ia lik ly to c us affront or
l rm to th oth r per on •
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(l '-?.~ ~l -.. Y.t<-.JJ...;o-r < l -,L L--l (L-~(L v--<L '--. .~-,
v~o-.. '-<.) ~ --,L l_ '-"""--=--,· -,. \.., L. c{.l '-l,
.L·"'t · *1 -J ""--L (--c ·"\..: u{ -v ~2-u.-LL
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 198_2 __ __
A BILL FOR
COUNCIL BILL NO.3
INTRODUCED BY COUNCIL
MEMBER --------------
AN ORDINANCE PROHIBITING INDECENT ACTS WITHIN THE CITY OF ENGLEWOOD,
COLORADO AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interests of the City of Englewood to pro-
hibit indecent acts within the City; and
WHEREAS, the previous Indecent Acts Ordinance, Englewood
Municipal Code of 1969, as amended, Sll-7-8, has been held to be
unconstitutionally vague and overbroad by the Engle~ood Municipal
Court.
NOW, THEREFORE, BE IT ORAINED BY THE CITY COUNCIL OF THE CITY
COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 11-7-8 of Title XI, '69 Englewood Municipal
COde, as amended, is hereby repealed.
Section 2. That to Title XI of the '~9 E.M.C., as amended, be
added a new Section 11-7-8, as follows:
11-7-8 INDECENT ACTS
(a} It shall be unlawful for any person to perform any of
the following in a public place or where the conduct may
reasonably be expected to be viewed by members of the
public:
(1} an act of sexual intercour~e; or
(2} an act of deviate sexual intercourse; or
(3} a lewd exposure of the body done with int nt to
arouse or to satisfy the sexual desire of any
person; or
(4} a lewd fondling or caressing uf the body of on -
s lf or of another person.
(b) It shall b unl wful for any person to knowingly oxpos
his or h r g ni tala to the vi w ot any person under circum-
tanc s in which such conduct is likely to c us ftront or
larm to th oth r person.
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Section 3.
That an emergency is hereby declar~d due to the Municipal
Court of Englewood finding legislation relating to indecent acts
unconstitutional and the passage of this ordinance is necessary
for the immediate health , safety and welfare of the public.
Introduced, read in full, and passed amended on
first reading on the 18th day of JanuarJ, 1982.
Published as a Bill for an Ordinance , as amended, on
the 20th day of January, 1982.
Attest :
ex o fic['()'""CI~cTer =Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the fore-
going is a true, accurate, and complete copy of a bill for an
ordinance, introduced, read in full, and passed as amended on
first reading on the 18th day of January, 1982.
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BY AUTHORITY
ORD INANC E NO.
SERIES OF 198~2-----COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
A BILL FOR
AN ORDINANCE DE SCR IBING AND DEFINING OBSCENITY AND PROVIDING
CIRCUMS TANCES UNDER WHICH IT IS PROHIBITED.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interest of the City of Englewood to prohibit
the promotion of obscenity within the City; and
WHEREAS, the previous Obscenity Ordinance, Englewood
Mun1ci pal Code of '69, as amended, Sll-7-7 , has been held to be
uncon stitutiona lly vague by the Englewood Muni cipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE
C ITY OF ENGLEWOOD, COLORADO:
Section 1.
amended
11-7 -7 :
That Title XI of the E.M.C . '69, as amended, be hereby
OBSCEN E MATE RIALS , DEVICES , AND
PERFORMANCES: PROMOTION PROHIBITED
(a) Definitions. As used i n this section, unless the
con text oth erwi s e requires:
1. "Material" means anything tangible that is capable
of being used or adapted to arouse in te rest , whether through
the medial of reading , observa tion, or sound , but does not
include an actual three -dimensional obscene device .
2. "Obscene device" means a device such as a dildo
or artificial vagina, designed or marketed as useful for the
stimulation of human gen ital organs .
3. "Performance" means a play, motion picture, dance,
or other exhibition performed before an audience.
4. "Obscene" me ns materi 1 or performance wh ich:
h aver ge p rson applyin contemporary
communi ty standards uld find h ~ t ken as a
whole, app als to th pruri nt 1n er st in sex;
b . d picts or describ s in pa en ly offensive
way:
(1) erotic r pr s n ions of ultim te s x
ac s, normal or perver d , c u 1 or simula ted,
inclu1ing sexu 1 i ntercour , sodomy , nd sexual
b s i lity, or
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(2) erotic representations of masturbation,
excretory functions, sadism, masochism, lewd
exhibition of the genitals , the male or female
genitals 1n a state of sexual stimulation or
arousal, covered male genitals in a discernibly
turgid state, or a device designed and marketed
as useful primarily for stimulation of the human
genital org ans, and
c. taken as a whole, lacks serious literary,
artistic , political, or scientific value.
5 . "Co ntemporary community standards" means state-wide
communi ty standards as construed and applied by the finder
of fact , by reference to the average adult in the community
as a whole.
6 . "Patently offensive" means s o offensive on its face
as to affront current comm unity standards of decency.
7 . "Promote" means to manufacture, issue , sell, give ,
provide, lend , mail , deliver, transfer , transmit, publish,
distribute, circulate , disseminate, present, exhibit, or
advertise , or to offer or a g ree t o do the same.
B. "Person" mea ns any i nd ividual, corporation, associ a-
tion, partnership , trustee , lessee , agent, or assignee .
9. "Knowingly" means hav ing gen eral knowledge of, or
r ason to know , or a belief or reasonab le groun d for belief
which warrants further inspection or inquiry of t h e conten t
or character of rna erial , device, or performance. A person
who promotes obscene ma t erial or devices or possesses the
sam with intent to promote it in the course of his business
1s pr sumed to do so with k n o wledge of its con t ent or
charac ter.
(b) Promoting obscene mat
p rohib1 d. It is unl wful for
o r po s ss wi h in en o promo
o r to produc , presen , or direc
p r icip t in portion th reof
rial, devices , and performances
any person knowingly to promo e
, any obscene material or devic ,
any obscene p rformance or
th t is obsc n or that con-
r1bu s its obsceni y.
lJy
(c) s If any por ion
jurisdic ion o
v lid unless i
provrs1ons r so ss n ially
inv lid provisions th t to s v
1 1sl iv int n 1n n c ing
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of this section is found
be uncons itu ion 1, the
app ars to th cour that
and ins parably connected
r th m would no c rry
his s c 1on.
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That an emergency is hereby declared in that the Englewood
Municipal Court has found legislation relating to obscene materials,
devices and performance, unconstitutional and the passage of this
ordinance is necessary for the immediate health , safety and welfare of the public.
Introduced, read in full, and passed as amended on first
r e a d ing on the 18th day of January, 19 8 2 .
Published as a Bill for an Ordinance, as amended, on the
20th day of January, 1982.
l"uge=n:-ce::---;L.-. 'O"'t;::-,1,.-. s=-,--u:a_y_o_r _______ _
Attest :
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood , Colorado, hereby certify that the foresoing
is a true, accurate, and complete copy of a bi l l for an ordinance ,
introduced, read in full, and passed as amended on first reading
on the 18th day of January, 1982.
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7
OHDINANCE NO.,_---
SERIES OF 1982
A BILL FOR
COUNCIL BILL NO. 5
INT~D~E D BY COUNCIL
'\! j
AN ORDINANCE DESCRIBING AND DEFINING OBSCENITY .AND PROVIDING
CIRCUMSTANC ES UNDER WHICH IT IS PROHIBITED .:'-'-'C-~ Cl!..Q.c ,~~'\.-l..'l ct....._
c:>~\P""~ ,
WHEREAS, the City Council of ·the City of Englewood declares
that it is in the best interest of the City of Englewood to prohibit
the promotion of obscenity within the City; and
I WHEREAS, the previous Obscenity Ordinance, Englewood
Municipal Code of '69, as amended, Sll-7-7, has been held to be
unconstitutionally vague by the Englewood Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1.
amended
11-7-7:
That Title XI of the E.M.C. '69, as amended, be hereby
OBSCENE MATERIALS, DEVICES, AND
PERFORMANCES: PROMOTION PROHIBITED
(a) Definitions. As used in this section, unless the
context otherwise requires:
1. "Material" means anything tangible that is capable
of being used or adapted to arouse interest, whether through
the medial of reading, observation, or sound, but does not
include an actual three-dimensional obscene device.
2 . "Obscene device" means a device such as a dildo
or artificial vagina, designed or marketed as useful for the
stimulation of human genital organs.
3. "Performance" means a play, motion picture, dance,
or other exhibition performed before an audience.
4. "Obscene" means material or performance whi ch :
a. the average person applying contemporary
community standards would find tha~ taken as a
whole, appeals to the prurient interest in sex;
b. depicts or describes in a patently offensive
way:
(1) erotic representations of ultimate sex
acts, normal or perverted, actual or simulated,
inclu~ing sexu 1 intercourse, sodomy, and sexu 1
besti lity, or
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(2) erotic representa tions of masturbation,
excretory functions, sadism, masochism, lewd
exhibition of the genitals, the male or female
genitals in a state of sexual stimulation or
arousal, covered male geni tals in a discernibly
turgid state, or a device designed and marketed
as useful primarily for stimulation of the human
genital o rgans, and
c. taken as a whole,·lacks serious literary,
artistic, political, or scientific value.
5 . "Contemporary community standards" means state-wide
comm unity standards as construed and applied by the finder
of fact, by reference to the average adult in the community
as a whole.
6. "Patently offensive" means so offensive on its face
as to affront current community standards of decency.
7. "Promote" means to manufacture, issue, sell, give,
provide , lend, mail, deliver, transfer, transmit, publish,
distribute, circulate, disseminate, present, exhibit, or
advertise , or to offer or agree to do the same.
8. "Person" means any individual, corporation, associa-
tion , partnership, trustee, lessee, agent, or assignee.
9. "Knowingly" means having general k nowledge of, or
reason to know, or a belief or reasonable ground for belief
which warrants further inspec tion or inquiry of the content
or charac ter of material, device , or perform nee. A person
who promotes obscene material or devices or possesses the
~o.~uow WJ..Lh J..nlcuL Lo promoLc it in the cour::;c of lu ::; l.lu::;incs::;
15 presumed to do so with k n o wledge of its content or
character .
(L} Promoting obscene material, devices, and performances
prohibited. It is unlawful for any person knowingly to promote
or po sess with intent to promote, any vbscene material or device,
or to produce , present, or direct any obscene performance or
participate in portion thereof that is obscene or that con-
trlbutcs to its obscenity.
(c) Severability. If any portion of this section is found
by a court of comp tent jurisdiction to be unconstitutional, the
rema1ning provisions are valid unless it appears to the court that
the valid provisions are so ess ntially and inseparably conn cted
with th invalid provisions that to sever them would not carry
out Lh legislativ intent in enacting this section.
~·~( ': (..,
c_l@_ ....... t .l L .)
"c'-(. '-...... J t.,_
12.; --l-r;-"\-o"'--<• -'l \J."-"'<... .,~
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CL~ -LL \'\...o---v~ c....-{-)._,\.......:_., ~l~-~ ,--1
I'IU.-k.wo-1 f-:"" -.LL '-'~ J~~ ~J~ v--C c~-~ .( ,LL ~_f;__.
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DI~T!UCT COURT
COUNTY OF AfZ/o~Pi\l iO I:.
ST/>.n . OF COLORADO
VERN 11ANN,
CITY OF LNCLE\,'()OD,
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Civil .'l.c t ion .:o. :;oc'.'l405
vs.
7 H
ORD ER Rc: Plain-
tiff's ~!otion t o
fo.mcntl Onle r
·-------
Plaintiff,
Defendant.
THIS MATTER came on for considerati~;n of Pl .:1 intiff's l1otion
to Ar.1.end the Court's Or der of November 25,1981, and the Court having
considered said motion and being fully advi~ed in the preoises,
IT IS ORDERED that said r.1.otion to amend order, is hereby
denied.
DONL this ~L day of January, 1982.
!Y THE COUi\T :
~K~~
Gar<·l v·'"":-:~---·--
J:-Sll l:o..:l JuJg e
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DFTIUCT C0t..;R1
CO UNTY OF Af\f-;Pt\l iO l
STAH. OF COLORADO
VERN :1ANl,
CITY OF LNGLE\{OOD,
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Civil .. ction ~.o. :;oc'.'l4 05
vs.
O RDU~ Rc: Plain-
ti ff 's ~!otion t o
foJllcnJ On! cr
Plaintiff,
Defendant.
THIS ~1ATT!:'R came on for consideratitJn of Pl a intiff's i!otion
to Ar.Jend the Court's Order of Novemb er 2j, 19£1, and t he Court having
considered said motion and being fully adv :U:ed in the prenises,
IT IS ORDERED that said motion to amend order, is hereby
denied.
DOlE this ~lJ day of January, 1982.
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SUPREME COURT, STATE OF COLORADO
Case No. 81 SC 267
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CERTIORARI TO THE DISTRICT COURT, ARAPAHOE COUNTY
ORDER OF COURT
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CITY OF ENGLEI\'OOD, ·y r'rr •\ '[ -~\
~ttJl iLO .-.:'~ Petitioner,
vs.
JOHN DAVID HAMMES,
Respondent.
At.\ 1 ' ''"\"~ t> ~ j '' -I •.
Ctty of £.ngl~wo od . .: I
City attorney , ...
/;-;.
~~
Upon consideration of the Motion of the City and
County of Denver for leave to appear as Amicus Curiae in
the above cause and the Motion for Extension of Tiae to
January 14, 1982 to file said Brief filed herein, and now
beina sufficiently advised in the premises,
It Is This Day Ordered that said Motions shall he,
and the same hereby are, Granted, and the City and County
of Denver shall be peroitted to file a Brief as Aaicus Curiae
on or before January 14, 1982.
cc:
BY THE COURT, DECEMBER 31, 1981
Norman R. Benaeman
Assistant City Attorney
9-A City and County Blda.
Denver, CO 80202
Michael L. Faaer
Suite 204, Livestock
P.O. Box 116
Brush, CO 80723
Lorett B. Huffine
Assistant City Attorney
3400 South Elati Street
nglewood, CO 8011 0
Supreme Court
• tA Colorldo
c.t .............. 1M ..,... ...,.
J/+#) , ,82
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SUPREME COURT, STATE OF COLORADO
Case No. 81 SC 267
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CERTIORARI TO THE DISTRICT COURT, ARAPAHOE COUNTY
ORDER OF COURT
--------------------------------------------------... :~~':: _-_-: ~ ---
/,-') '\..)"' . . . '\
CITY OF ENGLEWOOD, , -r tr ~'\ :o::J -:\
Petitioner, L ~ IJ_I,t__. -~)
• ""\''? D -JA iH -I --:.
City of t.ngh.wood -
City attorney , ;:--
<L.: ~~
vs.
JOHN DAVID HAMMES,
Respondent.
Upon consideration of the Motion of the City ani
County of Denver for leave to appear as Amicus Curiae in
the above cause and the Motion for Extension of Time to
January 14, 1982 to file said Brief filed herein, and now
being sufficiently advised in the premises,
It Is This Day Ordered that said Motions shall be,
and the same hereby are, Granted, and the City and County
of Denver shall be pernitted to file a Brief as Aaicus Curiae
on or before January 14, 1982.
cc:
BY THE COURT, DECEMBER 31, 1981
Norman R. Bengeman
Assistant City Attorney
9-A City and County Bldg.
Denver, CO 80202
Michael L. Fager
Suite 204, Livestock
P.O. Box 116
Brush, CO 80723
Loretta B. Huffine
Assist nt City Attorn y
3400 South Elati Street
Englewood, CO 80110
Supreme Court
Stat of Colorado
c.t'1lf ~ ... !loll. .... 1M ..,.. ...,.
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I N THE DISTRICT COURT IN AND FOR THE
COUNTY OF ARAPAHOE
STATE OF COLO RADO
Civi l Action No. 81CV12 5 7 c._.::.~·,
t:.w I AFTER THE FOX, INC., a Colorado )
corporation , )
Petitioner, )
)
vs. ) NOTICE OF AEPEAL
)
CITY OF ENGLE1100D , GARY R. )
HIGBE E , DONALD STYES, RONALD )
LANDERS, LLOYD BRYAN, FRANCES )
COSBY, and RONALD BLANCHARD, )
board members of the E~GLEWOOD )
LIQUOR LICENSE AUTHORITY, )
ENCORE, INC., a Colorado )
corporation , ENCORE ENGLEI·IOOD )
LIMITED PARTNERSBIP, a Colorado )
limited partnership, LARRY DUNCAN ,)
an individual, V~ce-Presid~nt )
and Secretary of Encore, Inc., )
and managing general partner )
o f Encore Englewood Limited )
Partnership, and DOES I through )
X, INCLUSIVE, general and limited )
partners of Encore Englewood )
Limited Partnership, and LEISURE , )
INC ., a Colorado corporation, )
)
Res?Qndents. )
Not ice is hereby giv n pursuant to Rule J(a ), Colorado
Appellate Rules, that the Plaintiff appeals to the Court of Appeals
of the state of Colorado th Order and Judgment of November 23, 1981,
aff1rming the Englewood Liquor License Authority's decision of July 8,
19f'l.
Dat d this 21st d a y of December, 1981.
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C 0 U N C I L
DATE January 13, 1982
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT
8A
Funding for purchasing proposed
walk-thru on west side of
3400 block of South Broadway
INITIATED BY Director of Engjneerjng Servjces
ACTION PROPOSED Approve resolution amending the General Fund and the Public
Improvment Fund in the 1982 budget.
F1 nanci ng
a d in th e area of the proposed wa l -ru, i
C1 y o purchase it at this tim .
The pure ase con ract or e Fugatt property at 3455 South Broadway is
$75,000. S1nce is pure ase was not anticipated in the six-quar er
budget, many fro e is ing projects will be needed. It is reco nd d
that $50,000 fro Broadway Beautification and $25,000 from surplus u ds
in t e EDDA lk-thru proJect be utilized as reflected in th attach d
resolution. The presen walk-thru project would still have $9,000 a aila-
bel for any chang orders needed to complete the work, which a unt should
be su ficient.
Attached is a portion of a November 12, 1981 Council Communication which
explains the need to reduce Public Improvement Funds in 1981 with the intent .
to replace those funds in January, 1982. This action was approved by
City Council in Resolution No. 47 of 1981.
GD/lo
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Fire Station 13 built at Layton and Acoma, has been completed. Due to higher
than expected conde•nnation costs and co~unication equipment instnllation costs,
$9,000 is needed in the fourth quarter to close the project.
Sidewalk Repair Project 1981 consisted of concrete repairs that were the City's
r es pons ibility. Th e Cit y !Ju<.lg ct of $30,000 will not "" excecdc<.l; how ('vcr, we
need to recognize the $20,000 in work we did on an H'l'D grant. 1hit> $20,000 will
be reimbursed by RTD and will be <<!turned to the PIF Fund.
Re s urface Englewood lll g h S c ho o l Tenn is Court:: project w.~s ar,rced tu l>y City
Council on September 15, 1980. 'l'h c-C.lty share<.! th<! co,;ts wi.th the J"1glcwood School
District on a 50/50 basis. The final cost was $38,405, making the City's share
$19,202.50 as is shown on the fourth quarter of 1981.
There are seven a c counts shown in till· J(psolution that ar<! bt>i "ll reduced by a
of $464,951 in the fourth quarter. It is anticipat~d these projects will be
reinstated to their curre nt funding level in January of 198:1 as the result of
transferring approxi mat e l y $1. '2. mil lion from surplus revenue from the General
Operating Fund to th e Public Improvemen t Fund (s<!c proj e c ts l is ted below) • .. ~
Golf Car t s
Me th a ne Cas Co nve r sio n
Senio r Center Parkiug /1'2.
Little Dry Creek
Do wn t ow n Ur alu<~;:c ... ul 'l r .,tr;.
Ri v er Deve l opm •11 t .l I J
Broadway Bea utification
Senior Center P a r kinS'. Lnt 112
Animal Control Shelu•c
Dow n town Deve l npm •n t Authority
Li tt l e Dry Crct:k
TOTAL
1982 CHANCRS:
1 •q•n.>vt •rnt•nr :;
$ 125 ,000) lJO,OOO
]2 ,000
3~5 ,9 56 .
,..,.
~·· '"I' t'lt ....
i' j~
l ll ,95 1 .,.
5o,ooo L~ .
15 ,000 (ll •"'1,..
JJ ,OOO .)t--
35,000
II!O ,OCJO )
_JQ.,OOO
Little Dry Creek project fo r 100-year flood lu~.rovements ulong lh Cr eek inc r ased
from $337 ,300 to $1,201,51 6 in the first quarter from a n et Cener 1 Fun d Lrana !er.
The third quarter increased t't·om $30,000 to $130,000 usinr; the $100,000 p reviously
eai'1118rk d for Downtown Ornin.1r(' and 1'r•tfff c Impt·ovt'ml!nt . In the fourth q uar te r,
th project lncrc:•tscd ftom ?r 1,000 to ~.; I'JI,,o•,o.
Golf Cart11 purchnse of 'iO llrl:J .Jt ~ol 2~,000 w lll I>•! rc:pl.'ll'C d 111 1982 , a r esult
o! the Cc n r al Fun<.l tr.111 ufl!r Lu the l'uhlil· lH.pruvPm••nt Jluu<.l.
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RESOLUTION NO. f~
SERIES OF 1982 -fJ-
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A RESOLUTION AMENDING THE GENERAL FUND AND THE PUBLIC IMPROVE-
MENT FUND IN THE 1982 BUDGET.
WHEREAS, the City Council of the City of Englewood,
Colorado, desires to make certain changes within the Public Improvement Fund; and
WHEREAS, surplus funds remain from the 1982 General Fund budget; and
WHEREAS, the City Council of the City of Englewood
wishes to use these surplus funds within the Public Improve-ment Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
The following appropriations of funds are hereby made in the Public Improvement Fund:
Source of Funds
General Fund Transfer $ 1,267,907
A lication of Funds
Litt e Dry Creek $
Downtown Drainage & Traffic Improvement
River Development III
425,956
180,000
121,951 Senior Center Parking
Animal Control Shelter
Downtown Development Authority
Land Acquisition for Walk-through
Go lf Carts
M thane Gas Conversion
s_ction ~
47,000
33,000
10,000
75,000
125,000
250,000
$1,267,907
Th fo llowing appropri tiona of funds are hereby mad i n th e Gen ral Fund :
Bal nc 1 267,907
$1
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Section 3.
The City Manager and Director of Finance are hereby
authorized to make the above changes to the 1982 budget of the
City of Englewood.
ADOPTED AND APPROVED this day of~, 1982.
Mayor
ATTEST :
ex<>:rficio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, do hereby certify that the
above and forego~g is a true, accurate and complete copy of
Resolution No. ~· Series of 1982.
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