lone tree city council

LONE TREE CITY COUNCIL
Agenda
Special Meeting
June 26, 2012
Meeting Location: Lone Tree Civic Center, 8527 Lone Tree Parkway, Council Chambers .
Meeting Procedure: The Council Meeting will be called to order at 1:00 p.m. and a motion to
adjourn and convene Council in Executive Session may be made. In accordance with Colorado State
Statutes, Executive Sessions are not open to the public.
I
Call to Order & Roll Call
II
Executive Session - For a conference with the City Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24-6-402(4)(b).
III
Regular Session Convened
IV
Consideration of City Regulations in regard to Sexually Oriented Businesses (SOB)
V
Approval of a Memorandum of Understanding with the Lone Tree Arts Foundation
VI
Resolution 12-10, APPOINTING COUNCIL REPRESENTATIVES
VII
Adjournment
AS A COURTESY TO ALL ATTENDEES, THE MAYOR AND CITY COUNCIL REQUEST THAT
ALL CELLULAR PHONES AND PAGERS BE SILENCED DURING THE MEETING. DISABLED
PERSONS ARE ASKED TO NOTIFY CITY CLERK JENNIFER PETTINGER, AT LEAST 48
HOURS IN ADVANCE, OF THE NEED FOR AUXILIARY ACCESS, AID, OR SERVICES
AT 303-708-1818.
06/26/12
City Council Special Meeting Packet
Page 1 of 23
ORDINANCE OF THE
CITY OF LONE TREE
Series of 2012
Ordinance No. 12-XX
AN ORDINANCE AMENDING THE DEFINITION OF SEXUALLY ORIENTED
BUSINESS IN THE CITY OF LONE TREE ZONING CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LONE TREE,
COLORADO:
ARTICLE 1 – AUTHORITY
The City of Lone Tree (the "City") is a home rule municipality operating
under the Lone Tree Home Rule Charter (the “Charter”) adopted on May 5, 1998 and a
Municipal Code (the “Code”), codified and adopted on December 7, 2004. Pursuant to
the Charter, the Municipal Code and the authority given home rule cities, the City may
adopt and amend Ordinances.
ARTICLE 2 – DECLARATION OF POLICY
The City has a legitimate and recognized interest in zoning issues regulating the
location of sexually oriented businesses in the City, in order to limit and protect children
from unwanted exposure to sexually oriented materials and devices, preserve and protect
the health, safety, and general welfare of its citizens and to preserve the tranquility and
aesthetic enjoyment of the City and its neighborhoods.
ARTICLE 3 – SAFETY CLAUSE
The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City, that it is promulgated for the
health, safety, and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and
welfare.
ARTICLE 4 – EMERGENCY ORDINANCE
This Ordinance is being adopted pursuant to the provisions of Article V, Section 8
of the City Charter, adopted May 5, 1998. The City Council finds that there exists an
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immediate threat to the preservation of public health, safety, and welfare. The City
Council declares that an omission in the zoning code regulating sexually oriented
businesses exists. The City Council further finds that residents and visitors to the City,
especially children, should not be exposed unwillingly to businesses of a sexual nature in
their ordinary course of business or travel in the City, and that immediate action by the
City Council is warranted. The City Council further determines that the adoption of this
Ordinance as an emergency ordinance is in the best interest of the citizens of the City of
Lone Tree.
ARTICLE 5 – ADOPTION
Notwithstanding any provision regarding the adoption of amendments to Chapter
16 of the Code, the Code is hereby amended as follows:
Section 16-36-20, Definitions, the definition of “Sexually oriented business” is
amended by adding a new subparagraph c, “Sexual device”, relettering the remaining
subparagraphs and amending the relettered subparagraph e “Adult bookstore, adult
novelty store or adult video store” to read as follows:
Sec. 16-36-20.
Definitions.
Sexually oriented business means an adult arcade, adult bookstore, adult
novelty shop, adult video store, adult cabaret, adult motion picture theater, adult
theater, sexual encounter establishment or nude model studio. Sexually oriented
business shall not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the State engages in medically
approved and recognized sexual therapy.
......
c. Sexual device means a device, including a dildo or artificial vagina, designed
or marketed as useful primarily for the stimulation of human genital organs.
......
e. Adult bookstore, adult novelty store or adult video store means the
following:
1. A commercial establishment which devotes a significant or substantial
portion of its stock-in-trade or interior floor space of at least 10% to, receives a
significant or substantial portion of its revenues of at least 10% from or devotes
a significant or substantial portion of its advertising expenditures of at least 10%
to the promotion of the sale, rental or viewing (for any form of consideration) of
books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, slides or other visual representations which are
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characterized by the depiction of specified sexual activities or specified
anatomical areas; or
2. A commercial establishment which devotes a significant or substantial
portion of its stock-in-trade or interior floor space of at least 10% to, receives a
significant or substantial portion of its revenues of at least 10% from or devotes
a significant or substantial portion of its advertising expenditures of at least 10%
to the promotion of the sale, rental or viewing (for any form of consideration) of
sexual devices.
3. An establishment may have other business purposes that do not involve
the offering for sale, rental or viewing of sexual devices or materials depicting or
describing specified sexual activities or specified anatomical areas, and still be
categorized as an adult bookstore, adult novelty store or adult video store. Such
other business purposes will not serve to exempt such establishment from being
categorized as an adult bookstore, adult novelty store or adult video store so
long as the provisions of Subparagraph 1 or 2 above are otherwise met.
ARTICLE 6 – SEVERABILITY
If any part or provision of this Ordinance, or its application to any person or
circumstance, is adjudged to be invalid or unenforceable, the invalidity or
unenforceability of such part, provision, or application shall not affect any of the
remaining parts, provisions or applications of this Ordinance that can be given effect
without the invalid provision, part or application, and to this end the provisions and parts
of this Ordinance are declared to be severable.
ARTICLE 7 – EFFECTIVE DATE
This Ordinance shall take effect upon adoption on first reading and shall be
published in full immediately after adoption. This Ordinance shall not be in effect longer
than ninety (90) days after adoption unless the City Council shall affirm the same by readoption of said Ordinance on second reading and publication on a non-emergency basis
within said ninety (90) day period.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED ON JUNE
2012.
,
CITY OF LONE TREE
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________________________
James D. Gunning, Mayor
ATTEST:
Jennifer Pettinger, CMC, City Clerk
06/26/12
(SEAL)
4
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Page 5 of 23
Sexually oriented business means an adult arcade, adult bookstore, adult novelty shop, adult video
store, adult cabaret, adult motion picture theater, adult theater, sexual encounter establishment or
nude model studio. Sexually oriented business shall not include an establishment where a medical
practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in
medically approved and recognized sexual therapy.
a. Specified anatomical areas includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus
or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual activities includes any of the following:
1. The fondling or other intentional touching of human genitals, pubic region, buttocks,
anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including, but not limited to,
intercourse, oral copulation, sodomy, sadomasochism or bestiality;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in
subsections 1 through 4 of this Subparagraph.
c. Sexual device means a device, including a dildo or artificial vagina, designed or marketed as
useful primarily for the stimulation of human genital organs.
d. Adult arcade means an establishment where, for any form of consideration, one (1) or
more still or motion picture projectors, slide projectors or similar machines, or other imageproducing machines, for viewing by five (5) or fewer persons each, are used to show films, motion
pictures, video cassettes, slides or other photographic reproductions which are characterized by
the depiction or description of specified sexual activities or specified anatomical areas.
e. Adult bookstore, adult novelty store or adult video store means the following:
1. A commercial establishment which devotes a significant or substantial portion of its
stock-in-trade or interior floor space of at least 10% to, receives a significant or substantial
portion of its revenues of at least 10% from or devotes a significant or substantial portion of its
advertising expenditures of at least 10% to the promotion of the sale, rental or viewing (for any
form of consideration) of books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, slides or other visual representations which are
characterized by the depiction of specified sexual activities or specified anatomical areas; or
2. A commercial establishment which devotes a significant or substantial portion of its
stock-in-trade or interior floor space of at least 10% to, receives a significant or substantial
portion of its revenues of at least 10% from or devotes a significant or substantial portion of its
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advertising expenditures of at least 10% to the promotion of the sale, rental or viewing (for any
form of consideration) of sexual devices.
3. An establishment may have other business purposes that do not involve the offering for
sale, rental or viewing of sexual devices or materials depicting or describing specified sexual
activities or specified anatomical areas, and still be categorized as an adult bookstore, adult
novelty store or adult video store. Such other business purposes will not serve to exempt such
establishment from being categorized as an adult bookstore, adult novelty store or adult video
store so long as the provisions of Subparagraph 1 or 2 above are otherwise met.
f. Adult cabaret means a nightclub, bar, restaurant or other commercial establishment that
presents or includes:
1. Live persons who appear nude or in a state of nudity; or
2. Live performances which are characterized by the exposure of specified anatomical areas
or by specified sexual activities.
g. Adult motel means a motel, hotel or similar commercial establishment which:
1. Offers public accommodations for any form of consideration and provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by the depiction or description of specified
sexual activities or specific anatomical areas and which advertise the availability of this
sexually oriented type of material by means of a sign visible from the public right-of-way, or by
means of off-premises advertising, including but not limited to newspapers, magazines,
pamphlets or leaflets, radio or television;
2. Offers a sleeping room for rent for a period of time less than ten (10) hours; or
3. Allows a tenant or occupant to subrent a sleeping room for a time period less than ten
(10) hours.
h. Adult motion picture theater means a commercial establishment where films, motion
pictures, video cassettes, slides or similar photographic reproductions depicting or describing
specified sexual activities or specified anatomical areas are regularly shown for any form of
consideration.
i. Adult theater means a theater, excluding a movie theater, concert hall, auditorium or
similar commercial establishment that, for any form of consideration, presents or includes
persons who appear in a state of nudity or live performances which are characterized by exposure
of specified anatomical areas or by specified sexual activities.
j. Nudity or state of nudity means:
1. The appearance of the human bare buttock, anus, male genitals, female genitals or the
areola or nipple of the female breast; or
2. A state of dress which fails to opaquely and fully cover a human buttock, anus, male or
female genitals, pubic region or areola or nipple of the female breast.
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k. Nude model studio means any place where a person who appears in a state of nudity or
displays specified anatomical areas is provided for money or any form of consideration to be
observed, sketched, drawn, painted, sculpted, photographed or
similarly depicted by other means. The definition of nude model studio does not apply to:
1. A college, junior college or university supported entirely or partly by taxation.
2. A private college or university which maintains and operates educational programs in
which credits are transferable to a college, junior college or university supported entirely or
partly by taxation; and
3. A business located in a structure which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is available for viewing; and
where, in order to participate in a class, a student must enroll at least three (3) days in advance
of the class; and where no more than one (1) nude model is on the premises at any one (1) time.
l. Sexual encounter establishment means a business or commercial establishment, that as one
(1) of its primary business purposes, offers, for any form of consideration, a place where two (2)
or more persons may congregate, associate or consort for the purpose of specified sexual
activities or the exposure of specified anatomical areas or activities when one (1) or more of the
persons is in a state of nudity. An adult motel will not be classified as a sexual encounter
establishment by virtue of the fact that it offers private rooms for rent.
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ORDINANCE OF THE
CITY OF LONE TREE
Series of 2012
Ordinance No. 12-XX
AN EMERGENCY ORDINANCE DECLARING A TEMPORARY
MORATORIUM ON THE ISSUANCE OF BUSINESS LICENSES, SALES TAX
LICENSES AND BUILDING PERMITS FOR NEW BUSINESSES WITHIN THE
LONE TREE ENTERTAINMENT BUSINESS IMPROVEMENT DISTRICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LONE TREE,
COLORADO:
ARTICLE 1 – AUTHORITY
The City of Lone Tree (the "City") is a home rule municipality operating
under the Lone Tree Home Rule Charter (the “Charter”) adopted on May 5, 1998 and a
Municipal Code (the “Code”), codified and adopted on December 7, 2004. Pursuant to
the Charter, the Municipal Code and the authority given home rule cities, the City may
adopt and amend Ordinances.
ARTICLE 2 – FINDINGS OF FACT
A.
The City has broad authority to exercise its police powers to promote and protect
the health, safety and welfare of the residents and visitors to the City.
B.
The City’s powers and duties include the power to form and regulate Business
Improvement Districts for the benefit and orderly development of businesses
within the community.
C.
The City has long been concerned with development issues within the Lone Tree
Entertainment Business Improvement District (the “BID”), especially the area of
the BID north of Park Meadows Drive, and wishes to conduct an intense analysis
and formulate strategic recommendations regarding the BID.
D.
To that end, on May 29th, 2012, the City contracted with the Colorado District
Council of the Urban Land Institute to form a Technical Advisory Panel (the
“TAP”) to provide an independent study of the BID.
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E.
The principal function of the TAP is to perform an in-depth review by a panel of
experts resulting in a professional, unbiased assessment of the challenges and
opportunities of the BID.
F.
Among the many issues and challenges before the TAP are to develop strategic
recommendations regarding the development and redevelopment of the BID
including the role of the City in Capital Improvements in the BID.
G.
The TAP study will include recommendations regarding the BID, the financing of
Capital Improvements, the possibility of Special Improvement Districts formed in
areas within the BID, the acquiring of property within the BID by the City or the
use of eminent domain, institutional structures, new or improved pedestrian
connections and streetscapes, traffic access improvements, signage, way-finding
and joint marketing strategies.
H.
The study is anticipated to conclude no later than mid-September, 2012, and result
in oral and written reports to the City for its consideration.
I.
The City Council finds that it would be unfair to new businesses to invest in the
area of the BID, especially the area north of Park Meadows Drive, as well as
detrimental to the interests of investors and businesses to invest in and develop
new projects and businesses in the BID, that may conflict with the
recommendations of the study and the goals of the City of investment in and
improvement of the BID.
J.
The City Council finds that the submission, acceptance, processing, and approval
of all applications for City business licenses and sales tax licenses relating to the
operation of new businesses within the Lone Tree Entertainment Business
Improvement District north of Park Meadows Drive may undermine and defeat
the City's ability to promote and protect the public's health, safety and welfare.
K.
The City Council also finds that the submission, acceptance, processing, and
approval of all applications for City building permits relating to the operation of
new businesses within the Lone Tree Entertainment Business Improvement
District north of Park Meadows Drive may undermine and defeat the City's ability
to promote and protect the public's health, safety and welfare.
L.
The City Council finds that a ninety (90) day moratorium is a reasonable length of
time, and no longer than necessary, for the City to properly investigate, develop,
and, if appropriate, adopt and implement any Ordinances and regulations with
respect to new businesses in the area of the BID north of Park Meadows Drive.
M.
The City Council finds that property owners and proprietors of new businesses
will not be unduly prejudiced by the imposition of such a moratorium within the
area of the BID north of Park Meadows Drive.
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ARTICLE 3 – SAFETY CLAUSE
The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City, that it is promulgated for the
health, safety, and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and
welfare.
ARTICLE 4 – EMERGENCY ORDINANCE
This Ordinance is being adopted pursuant to the provisions of Article V, Section 8
of the City Charter, adopted May 5, 1998. The City Council finds that there exists an
immediate threat to the preservation of public health, safety, and welfare. The City
Council declares that and that immediate action by the City Council is warranted. The
City Council further determines that the adoption of this Ordinance as an emergency
ordinance is in the best interest of the citizens of the City of Lone Tree.
ARTICLE 5 – ADOPTION
Section 1.
The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the City Council of the City of
Lone Tree.
Section 2.
Upon the adoption of this Ordinance a moratorium is imposed
upon the submission, acceptance, processing, and approval of all applications by new
businesses for business licenses and sales tax licenses by the City related to the area of
the Lone Tree Entertainment Business Improvement District north of Park Meadows
Drive. The City staff is directed to refuse to accept for filing, and not to process or
review, any such applications by a new business during the moratorium period.
Section 3.
Upon the adoption of this Ordinance a moratorium is imposed
upon the submission, acceptance, processing, and approval of all applications for City
building permits relating to the operation of new businesses within the Lone Tree
Entertainment Business Improvement District north of Park Meadows Drive. The City
staff is directed to refuse to accept for filing, and not to process or review, any such
applications for City building permits relating to the operation of a new business during
the moratorium period.
Section 4.
The moratorium shall expire ninety (90) days after adoption.
Section 5.
Before the expiration of the moratorium imposed by this
Ordinance, the City staff, working with the City Attorney’s Office, shall review the
results of the study by the Technical Advisory Panel of the Colorado District Council of
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City Council Special Meeting Packet
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the Urban Land Institute, investigate, develop and prepare, if appropriate, Ordinances and
regulations regarding development in the Lone Tree Entertainment Business
Improvement District, including the area north of Park Meadows Drive, for consideration
by the City Council.
ARTICLE 6 – SEVERABILITY
If any part or provision of this Ordinance, or its application to any person or
circumstance, is adjudged to be invalid or unenforceable, the invalidity or
unenforceability of such part, provision, or application shall not affect any of the
remaining parts, provisions or applications of this Ordinance that can be given effect
without the invalid provision, part or application, and to this end the provisions and parts
of this Ordinance are declared to be severable.
ARTICLE 7 – EFFECTIVE DATE
This Ordinance shall take effect upon adoption on first reading and shall be
published in full immediately after adoption. This Ordinance shall not be in effect longer
than ninety (90) days after adoption unless the City Council shall affirm the same by readoption of said Ordinance on second reading and publication on a non-emergency basis
within said ninety (90) day period.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED ON JUNE 26th,
2012.
CITY OF LONE TREE
________________________
James D. Gunning, Mayor
ATTEST:
Jennifer Pettinger, CMC, City Clerk
06/26/12
(SEAL)
4
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Lingerie store files suit against city
The store alleges the city says Rose Petal Lingerie is classified as an adult bookstore and must obtain a special license.
By Josh Mitchell
jmitchell@wyomingnews.com
CHEYENNE -- A downtown lingerie boutique is suing the city on the basis of the municipal sexually oriented business
ordinance.
Rose Petal Lingerie, located at 1609 Central Ave., argues that it does not fall under the definition of an adult bookstore.
But the city says the establishment, which advertises itself as “Your One Stop Love Shop,” does fall under the ordinance and
therefore must get a sexually oriented business license, the lawsuit states.
This is just an attempt by the city to shut the business down, says the plaintiff, DD&D Glass Werks Inc., which does business
as Rose Petal Lingerie.
City attorney Dan White said he could not comment on whether the city disagrees with the business’ claim that Rose Petal
Lingerie does not fall under the definition of adult bookstore in the ordinance.
The city will file its response to the lawsuit next week, White added.
White said he does not know whether the business would be denied a sexually oriented business license from the city, adding
that the establishment has never applied for one.
White would not comment on how this case came about, but he said the city has not issued the business any notice of
violation or ordered it to shut down.
According to the lawsuit, the business sells lingerie, oils, lotions and items for bachelorette parties. Those items do not fall
under the city’s definition of a sexually oriented business, the plaintiff argues.
The city’s ordinance states that an adult bookstore sells or rents “books, magazines, periodicals or other printed matter; or
photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations depicting or
describing specified sexual activities or specified anatomical areas.”
The plaintiff says it does not sell those items and therefore is not an adult bookstore under the city’s definition.
The city could have written its ordinance to include items that Rose Petal Lingerie sells, but it did not, the lawsuit states.
The plaintiff “must be legally allowed to continue to make his livelihood and provide for his family,” the lawsuit says.
Officials with the business referred questions to their attorney, John Kuker of Cheyenne. Kuker did not return phone calls
seeking comment.
The suit was filed this month in Laramie County District Court and was assigned to Judge Michael Davis.
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http://www.wyomingnews.com/articles/2012/06/23/news/20local_06-23-12.prt
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6/25/2012
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LONE TREE
AND THE LONE TREE CULTURAL ARTS FOUNDATION
This Memorandum of Understanding (“MOU”) is made this ______ day of __________, 2012,
between the CITY OF LONE TREE, a municipal corporation and political subdivision of the
State of Colorado (the “City”) and the LONE TREE CULTURAL ARTS FOUNDATION a 501
(c)(3) organization (the “CAF”.)
Background
1.
The City of Lone Tree owns and operates the Lone Tree Arts Center (the “Center”) in the
City to host cultural performances, educational programming, meetings, and private events.
Lone Tree voters approved tax-supported funding of up to $18.5 million for the construction
of the facility.
2.
The Lone Tree Cultural Arts Foundation is an independent 501(c)(3) organization with
goals that include identifying and engaging potential donors in an effort to provide capital
and operational enhancements to the Center.
3.
Because the City and the CAF share the common goal to make the Center the premier
performing arts facility in the South Metro Denver area, the City and the CAF intend to
work together to make that possible.
4.
Staff of the Lone Tree Arts Center are all employees of the City of Lone Tree, and as such,
are under the sole direction of the City Manager or his staff designee. All staffing,
compensation, performance reviews and related decisions are solely the City’s
responsibility. As such, programming, marketing, technical and all other operational
decision making reside with the City.
5.
Fundraising is defined as any opportunity for support through individual, corporate,
foundation, and governmental agency applications, solicitations, gifts, and/or sponsorship
proposals to support the Center’s annual operations or capital needs.
6.
This Memorandum of Understanding supersedes any other previous agreement between the
City and the CAF.
Funding Priorities
1. The priorities for fundraising initiatives shall be determined by the Center. It is understood
that the City bears the financial liability at the Arts Center, and therefore shall define the
necessary balance between operational and capital fundraising as well as defining the
fundraising targets and donor benefits for each. Center staff will work with the CAF to be
sure that the City’s fundraising priorities are well-defined and understood, and the CAF
agrees to focus its fundraising efforts on these priorities.
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Cooperation
1. To ensure a successful collaboration, the City and the CAF will meet regularly to share ideas
and discuss items of mutual interest. Examples of formal communication may include:
a. An annual dinner with the Lone Tree City Council and the CAF Board of
Directors.
b. Quarterly attendance by the City’s Mayor at CAF Board meetings.
c. Attendance by the Center's Executive Director and/or Development Director at
CAF Board meetings, as appropriate, to provide fundraising updates and discuss
coordination strategy.
Staffing
1. The City's Development Director is the City staff person whose principal responsibility is
fundraising for the Center. The Development Director shall be the primary liaison between
the CAF and the City for day-to-day fundraising. The activities of the Development Director
shall be managed by the Center’s Executive Director.
2. The CAF shall provide its own administrative staff support for its day-to-day operations,
including meeting support and other administrative functions.
Donor Development
1. Within its integrated ticketing system, the Center shall maintain the sole database of existing
contributors and donor prospects. Either party may suggest names of potential donor
prospects to be added to the database. All potential donors must be added to the database
before any significant approach by Center staff or the CAF.
2. The Center shall be responsible for developing an approach strategy for each donor and
whether an operational, capital, in-kind, or other contribution is most appropriate. The Center
shall coordinate with the CAF for donor prospects suggested by the CAF.
3. As the CAF identifies potential prospects for agreed-upon funding priorities, the
Development Director and the CAF Chair will coordinate the approach to the prospective
donor. Together, they will agree upon whether the approach should be made by the Center,
by the CAF, or in combination. The Center shall regularly update the CAF regarding staffidentified prospects and the current status of pledges and contributions, such updates to take
place at the regularly scheduled CAF board meetings.
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Contribution Processing
1. The CAF agrees to serve as the designated 501(c)(3) organization for donors who wish to
process their gift through an independent non-profit rather than giving to directly to the City.
2. Any donations designated for the Arts Center received by the CAF will be promptly remitted
to the Arts Center, less administrative, or other related costs. Any grants designated for the
Arts Center received by the CAF will be promptly remitted in full to the Arts Center. The
Foundation will hold restricted funds until disbursed. The CAF also may elect to solicit gifts
separately to support its own activities.
3. The CAF will issue tax receipts and acknowledgment letters to all donors whose gifts are
processed by the CAF, and will provide copies of each letter to the Center for its donor
database.
4. The Center shall issue tax receipts and acknowledgment letters to all donors whose gifts
come directly to the Center.
THE CITY OF LONE TREE,
a municipal corporation and political
subdivision of the State of Colorado
THE LONE TREE CULTURAL ARTS
FOUNDATION, a 501 (c)(3) organization
____________________________
By: Jack W.L. Hidahl, City Manager
__________________________________
By: Arthur E. Bouton, CAF Chair
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CITY OF LONE TREE
RESOLUTION NO. 12-10
A RESOLUTION APPOINTING COUNCIL REPRESENTATIVES
WHEREAS, The City of Lone Tree desires to have Council and Staff representation on
certain organizations of which the City is a member.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LONE TREE, COLORADO:
The following named Council Members and Staff are hereby appointed to serve as City Council
representatives to the following organizations until such time as the City Council may reconsider
such appointments:
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Susan Squyer to the Cherry Creek Basin Water Quality Authority
Susan Squyer and Kim Monson (alternate) to the CML Policy Committee
Jackie Millet and Jim Gunning (alternate) to the DRCOG Board of Directors
Jim Gunning and Jackie Millet (alternate) to the C-470 Coalition
Jim Gunning and Jackie Millet (alternate) to the E-470 Public Highway Authority
Susan Squyer and Harold Anderson to the Lone Tree Chamber of Commerce
Kim Monson to the Lone Tree Audit Committee
Kim Monson and Susan Squyer to the Lone Tree/South Suburban Park & Recreation
Joint Meeting Group
Jim Gunning to the Metro Mayors Caucus
Jackie Millet and Kim Monson to the Partnership of Douglas County Governments
Jackie Millet and Harold Anderson to the Rampart Range Metro District
Kim Monson and Harold Anderson to the Park Meadows Metropolitan District
Jim Gunning to the Denver South Economic Development Partnership Board of
Directors
Jim Gunning to the South I-25 Urban Corridor Transportation Management
Association (TMA) Board of Directors
Harold Anderson and Susan Squyer (alternate) to the Transit Alliance
Jackie Millet to the Douglas County Youth Initiative
Harold Anderson and Jennifer Drybread (alternate) as to the Centennial
Airport/Community Noise Roundtable
Harold Anderson to the Douglas County Housing Partnership
APPROVED AND ADOPTED THIS 26th DAY OF JUNE, 2012.
CITY OF LONE TREE
James D. Gunning, Mayor
ATTEST:
(S E A L)
Jennifer Pettinger, CMC, City Clerk
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