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HomeMy WebLinkAbout1980-01-14 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 14, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 14, 1980, 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 Mayor Otis. 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. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the meeting was to hold a public hearing to consider a beer and wine license appli- cation from Franz Hummel Delicatessen, Inc., 701 West Hampden Avenue; and a public hearing to consider a retail liquor store license application from KPL, Inc., to be located in the King Sooper building at 701 West Hampden Avenue. * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING I TO CONSIDER A BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICATESSEN, INC., 701 WEST HAMPDEN AVENUE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. January 14, 1980 Page 2 Nays: None. The Mayor declared the motion carried. City Manager Mccown stated he was in receipt of a letter from Mr. John Criswell, attorney representing Mr. Hummel, request- ing postponement •. Mr. John Criswell, Criswell & Patterson, 3780 South Broad- way, appeared before Council. Mr. Criswell stated his request was based on the fact that Mr. Hummel's mother had died necessitating that Mr. Hummel leave the country not to return until late January. Mr. Criswell requested postponement until the middle of February and acknowledged that it would be necessary to repost the premises with the new date. COUNCIL MEMBER BILO MOVED TO POSTPONE THE PUBLIC HEARING ON THE BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICA- TESSEN, INC., 701 WEST HAMPDEN AVENUE, UNTIL FEBRUARY 25, 1980, AT 7:30 P.M. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED IN THE KING SOOPER BUILDING AT 701 WEST HAMPDEN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. January 14, 1980 Page 3 Nays: None. The Mayor declared the motion carried. Mayor Otis stated the groundrules outlined under 1-7-7 through 1-7-10 of the 1969 Englewood Municipal Code were the ones to which the hearing would be adhered. Deputy City Clerk Johannisson appeared before Council and under oath presented the application file for KPL, Inc. which contained the following: 1. State of Colorado Form DRL404 2. Notice of Public Hearing published in the Englewood Sentinel on December 12, 1979 3. Letter required under the Colorado Liquor Code to the applicant sent on January 7, 1980 4. Personal histories of the corporate officers and the major stockholders S. Letters of reference for the corporate officers and the major stockholders 6. Corporate documents which include the certificate of incorporation showing that KPL, Inc., is author- ized to do business in the State of Colorado, the articles of incorporation and the minutes of the corporate meeting electing the officers 7. Samples of stock certificate 8. Lease for the building showing that they have right of occupancy 9. Plan of the building showing the layout of the pre- mises 10. 11. Letter from Co11111Unity Development Department stat- ing that the proposed use falls within the zoning use Financial affidavit from the applicant 12. A map showing the two mile radius which was establish- ed by City Council defining the neighborhood. The red line shows the proposed location at 701 West January 14, 1980 Page 4 13. Hampden Avenue. The blue arrows show the retail liquor stores which are in the neighborhood. A report from Oedipus, Inc. and the petitions which were submitted by Oedipus, Inc., showing the results of the survey of the neighborhood which they com- pleted. Deputy City Clerk Johannisson stated the application file would be shown as City Exhibit A; the report from Oedipus, Inc., as City Exhibit B; and the petitions from Oedipus, Inc., as City Exhibit C (1) through (5). Mr. John Criswell, Criswell & Patterson, 3780 South Broadway, appeared before Council and questioned Mr. Johannisson whether or not he was able to obtain original dPtes of applica- tion for four liquor stores in the iomediate area. Mr. Johannisson stated he had not been able to obtain the dates. Hr. Alan Dill, Home & Dill, attorney representing Mr. Ron Parness owner of Glass Bottle Liquors a protestant in the mat- ter, appeared before Council and questioned Mr. Johannisson whether or not any preliminary reports or recomnendations were tendered to the Council by any City agency or City employee prior to the hear- ing. Mr. Johannisson stated to the best of his knowledge there were none. Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and presented testimony re- lating to his survey and its results in the matter of the liquor license application for KPL, Inc. Mr. Scott stated he was under contract with the City of Englewood to conduct a unbiased survey for the purposes of determining what .the needs and desires of the defined neighborhood were in regard to the subject liquor license application. Mr. Scott stated the results show 55.7lio of the people contacted indicated the needs were not being met, and 44.29io of the people contacted indicated the needs ,7ere being met. In response to Mr. Criswell's questions, Mr. Scott stated he limited his survey to residents living or maintaining businesses in the area which were the terms of his contract with the City; and it was possible these people were also patrons of the center. In response to Mr. Dill's questions, Mr. Scott pointed out to Council the areas that were closest to the location indicating a low degree of acceptance for the application. Mr. Criswell objected to the questioning of Mr. Scott from Mr. Dill regarding the degree of acceptance as well as the acceptance factors of other licenses for which Mr. Scott had per- formed surveys. Mr. Criswell stated the main concern was sub- ject application. January 14, 1980 Page 5 COUNCIL MEMBER FITZPATRICK MOVED TO ALLOW MR. DILL TO FURTHER QUESTION MR. SCOTT ON THE DEGREE OF ACCEPTANCE OF THIS APPLICATION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Hr. Dill asked Mr. Scott if this particular petition circulating effort reflected the lowest degree of acceptance that he has had in the last year in the City of Englewood. Mr. Scott responded in the affirmative, adding the results were very con- servative. Mr. Scott stated the results are the lowest he has had from the applicant's standpoint. Mayor Otis asked for the applicant's presentation. Hr. John Criswell, 3780 South Broadway, attorney for KPL, Inc., appeared before Council. Mr. Criswell discussed the factors outlined in the liquor code for and under which Council can determine the approval or denial of a liquor license appli- cation. Those being the reasonable requirements of the neigh- borhood (needs), the desires of the inhabitants of the neigh- borhood and any other pertinent information affecting the quali- fications of the applicant. Hr. Criswell submitted Applicant's Exhibit I -Notice of Posting; Applicant's Exhibit II -Lease Agreement; and Appli- cant's Exhibit III -Layout of Premises. Mr. Criswell called Mr. Bill Alpert to testify. Mr. Bill Alpert, 65 West 55th Street, New York, New York, appeared before Council. Under direct questioning from Hr. Criswell, Mr. Alpert testified he was an attorney practic- ing in New York, one of the owners of Cinderella City, and gave general background of his ownership, Capital Alliance. Mr. Alpert I also provided testimony on his business association with Mr. Arnold Kimmel, the applicant. Mr. Alpert stated he felt there was a need at the center to provide services to shopping for food as well as liquor. Under cross-examination from Mr. Dill, Mr. Alpert stated Mr. Kimmel would probably operate and set policy for the store through a hired manager, but remain in New York. January 14, 1980 Page 6 Mr. Criswell called Mr. Artzberger to testify. Mr. James Artzberger, 6552 South Vann, Jefferson County, Manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Artzberger provided testimony on his business background and began to present general character- istics of the center, its activity, market area, and description of neighborhood location. Mr. Dill objected to the testimony concerning the de- scription of the neighborhood and market on the basis the informa- tion was irrelevant. COUNCIL MEMBER KEENA MOVED TO ALLOW TESTIMONY FROM MR. ARTZBERGER CONCERNING THE MARKET AREA. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony describing the market area of Cinderella City as being about 15 miles serving approximately 400,000 -450,000 people. Mr. Artzberger stated the management was trying to give the center a "one-stop shop- ping" concept since it already had multiple services; and it was unusual for a center its size not to have a liquor store. Mr. Criswell submitted Applicant's Exhibit IV -survey of various shopping centers in the Denver metropolitan area to determine whether or not there existed liquor stores in these centers. Mr. Dill objected to the exhibit on the basis that the area for consideration was not the major metropolitan area rather it was the designated neighborhood and the exhibit was iDIDaterial. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE QUESTIONING AS IT RELATED TO OTHER SHOPPING CENTERS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bradshaw. Council Members Keena, Bilo, Otis. January 14, 1980 Page 7 The Mayor declared the motion carried. Mr. Criswell submitted Applicant's Exhibit XVII -a map of present store locations. Under further direct question- ing from Mr. Criswell, Mr. Artzberger stated these stores did not presently meet the needs of the resident and non-residents of the shopping center because they were difficult to get to. The applicant's location would be in Cinderella City and would be easy to frequent by their customers who shop at the center. Mr. Dill objected to Mr. Artzberger's use of reference to "their customers" as though he were speaking on their behalf. Mr. Dill stated such testimony was hearsay and it concerned pa- trons of the center. Mr. Dill asked the Council to disregard it. Mr. Criswell stated by the fact that some of the wit- nesses were residents and/or managers of businesses in the area, they had the right to express what the needs of the neighbor- hood were. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE TESTI- MONY AND WEIGH IT ACCORDINGLY WHEN THE DECISION WAS TO BE MADE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony concerning market assessment of the center stating management planned to stock every possible category of ftoods at the center in order to provide the "one-stop shopping' concept. Under cross-examination from Mr. Dill, Mr. Artzberger stated he had had no difficulty in purchasing liquor in any of the stores in the neighborhood in which he had been. Mayor Otis declared a recess at 9:35 p.m. The Council reconvened at 9:50 p.m. 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. Absent: None. January 14, 1980 Page 8 Mayor Otis declared a quorum present. Mr. Dill noted there were many people in attendance who were protesting the application and who were unrepresented in the case. Mr. Dill offered to defer his protestant's case until these people could appear before Council and be heard. Mr. Criswell stated he had no objections once he finished the applicant's presentation. COUNCIL MEMBER FITZPATRICK MOVED TO FOLLOW THE PRO- CEDURE AGREED UPON BY THE ATTORNEYS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Criswell called Mr. Jay Gould to testify. Mr. Jay Gould, Manager of Joslins store at Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Gould testified that he was president of the mer- chant association at the center and the association was in favor of the liquor license for KPL, Inc. being granted. Mr. Dill objected to Mr. Gould's testimony on the basis that the merchant association was not an interested party. Mr. Criswell stated Mr. Gould was a petition circulator that was aware of the views expressed by other persons who were owners or managers of stores in the neighborhood. Mr. Dill stated it was improper that the association express needs of the neighborhood; however, if Mr. Gould circu- lated a petition among them then it was not improper and he would not object to submission of the results of the petitions. City Attorney Berardini advise Council that a presi- dent of an association was very much like a petition cirulator in what the managers and business owners of the center were say- ing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE TESTIMONY FROM MR. JAY GOULD AS PRESIDENT OF THE MERCHANTS ASSOCIATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Hiaday, Neal, Fitzpatrick, Keena, Bilo, Bradsftaw, Otis. January 14, 1980 Page 9 Nays: None. The Mayor declared the motion carried. Mr. Criswell stated Mr. Gould's testimony on the favor- able position for the issuance of the license had been noted. Under cross-examination from Mr. Dill, Mr. Gould stated he had not had any difficulty purchasing liquor in any of the surrounding liquor stores in which he had been. Council gave Mr. Gould permission to leave the hearing. Mr. Criswell called Mr. Lee Morrison to testify. Mr. Lee Morrison, 65 Tejon, Denver, appeared before Council. Under direct questioning, Mr. Morrison testified that he was the Market Anaysis representing King Soopers, that King Soopers had taken a neutral position in the matter, and if the license was granted and they were not able to get the space it would have no bearing on whether or not they remained. Mr. Criswell stated he had contracted two petition circulators. One was Dee Richardson, who petitioned business owners or operators primarily of Cinderella City, residents within the area who were patronizing Cinderella City, and pa- trons of Cinderella City but were not residents of the area. The results were compiled in two reports -one in October and one done afterwards. The other circulator was Investigative Services, Inc. who circulated petitions -residents and patrons prior to October hearing. Mr. Criswell submitted the following items as evidence: 1. 2. 3. 4. s. 6. 7. 8. 9. Applicant's Exhibit VI -the original October report Applicant's Exhibit VII -petition of business owners Applicant's Exhibit VIII -October petition of residents Applicant's Exhibit IX -October petition of non-resi- dent patrons Applicant's Exhibit X -Ms. Richardson's report on the post-October circulation Applicant's Exhibit XI -post October petition of re- sidents Applicant's Exhibit XII -post October petition of non- resident vatrons Applicant s Exhibit XIII -report from Investigative Services, Inc. Applicant's Exhibit XIV -residents petition from In- vestigative Services, Inc. January 14, 1980 Page 10 10. Applicant's Exhibit XV -patrons petition from In- vestigative Services, Inc. 11. Applicant's Exhibit XVI -results from Mr. Criswell. Hr. Dill received copies of the summary sheet and waived the necessity of any legal foundation with respect as to whether or not Council should consider patrons and reserved argument. Hr. Criswell dismissed the circulators. Hr. Criswell called Mr. Arnold Kimnel, the applicant, to testify. Mr. Arnold Kimnel, 65 W. 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Kimnel gave testimony regarding his business background, reasons why he was applying for a liquor license, and general information concerning proposed plans in operating the store. Mr. Kimnel presented samples of the proposed ex- terior and interior design of the store, the proposed types of materials to be used, and a ceiling-view drawing of the floor plan. Mr. Kimnel stated he would remain in Denver until he hired a manager for the store who would then manage it on a day to day basis. Under cross-examination from Mr. Dill, Mr. KiDlllel stated he did not have any direct or indirect connection with a liquor store; however, he was involved in fast food and restaurant es- tablishments that sold beer and wine, and liquor by the drink. Hr. Kimnel stated of those liquor stores which he visited when he was in Englewood several months ago, he did not observe any- one having difficulty purchasing liquor. Mr. KiDlllel stated he had no knowledge as whether or not the stores presently met the needs of the people. Under cross-examination from Mr. Richard Burrman, associ- ate of Hr. Dill's, and attorney representing a protestant, Mr. Kinmel stated he was aware that there was no provision or condi- tion in the lease for termination in the event he did not obtain the license. Mr. Kimnel stated he had no other plans at the pre- sent time even though it was his full responsibility to do with the space as he chose. In response to Council Member's Fitzpatrick's question, Mr. Kimmel stated he would be visiting the store as often as neces- sary and that the manager would report to him in a regular basis. Mr. Criswell stated he had no further witnesses at this time. January 14, 1980 Page 11 Mayor Otis asked if anyone in the audience wished to speak in favor of the liquor license application. Mr. Bob Schup, 1270 Eudora, Denver, appeared before Council and began to give testimony as a patron of the center. Mr. Dill objected to the testimony the Mr. Schup was not a resident or business manager in Englewood. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE TESTIMONY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Council Members Keena, Bilo. The Mayor declared the motion carried. Kip Baker, 7184 West Waldon Drive, Littleton, assistant manager of La Rondevous Cafe in Cinderella City, appeared before Council and began to give testimony in favor of the application. Mr. Dill objected to Mr. Baker's testimony on the basis that he was the assistant manager and not the manager which would be disallowed testimony under the statute. COUNCIL MEMBER HIGDAY MOVED TO ALLOW TESTIMONY FROM MR. BAKER. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: · Ayes: Nays: Council Member Neal. Council Members Higday, Fitzpatrick, Keena, Bradshaw, Bilo, Otis. The Mayor declared the motion defeated. Mr. William Meyers, 3860 South Bannock, employee for Cinderella City, appeared before Council and offered testimony in favor of the application. Mr. Dill objected to Mr. Meyers's testimony after cross-examination on the grounds that Mr. Meyers's testimony related to the economic well-being of the center and such a factor can not be tested at this hearing. January 14, 1980 Page 12 COUNCIL MEMBER BILO MOVED TO ACCEPT THE TESTIMONY OF MR. MEYERS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena. Council Members Higday, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. There were no other people wishing to speak in favor of the application. Mayor Otis asked if there was anyone wishing to speak against the application. Deputy Clerk Watkins stated the City Clerk's office was in receipt of a letter from James H. Lucero in opposition. Mr. Criswell objected to entering the letter into evi- dence because the letter was written on the presumption that King Soopers would leave if the license was granted and testimony prov- ed this not to be the case. COUNCIL MEMBER NEAL MOVED THAT MR. LUCERO'S LETTER BE STRICKEN FROM THE RECORD. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Dill, in accordance with previously agreed upon for- mat, deferred presentation of his case until the unrepresented citizens had been heard. Hr. Dill asked the group to appoint a spokesperson for the purpose of relaying to Council their opposition. In addition, Mr. Dill asked for those people in opposition to stand. Approximately 30 people stood up. Mr. Burrman, attorney representing a citizen in pro- test, called his client to appear first. Mr. Frank Coberly, 3835 South Grant, appeared before Council and provided testimony under the direct questioning of January 14, 1980 Page 13 Mr. Burrman in opposition to the liquor license on the basis there were enough liquor outlets in the area at the present time. Under cross-examination from Mr. Criswell, Mr. Coberly stated he had previously worked for Glass Bottle Liquors but was appearing on his own behalf in this matter. Mr. Wayne Burget, 4108 South Inca, appeared before Coun- cil and gave testimony against the application on the grounds that Englewood did not need another liquor store for bottled liquors. Mr. Burget stated he had not experienced any difficulty in purchas- ing liquor in stores presently located in the surrounding area. Mr. Ed Cordova, 3382 South Florence Court, Denver, owner of Flash Tailor Formals, 3424 South Broadway, appeared before Coun- cil and gave testimony against the application. Mr. Cordova stated he had previously owned a liquor store. Mr. Cordova stated there was an adequate supply of liquor stores and some have gone bank- rupt. Mr. Cordova stated he was member of the Chamber of Commerce task force attempting to revitalize downtown Englewood; and the proposed new liquor store would negate their efforts by drawing more people to Cinderella City. Mr. Cordova stated he had not experienced any difficulty in purchasing liquor in stores pre- sently located in the surrounding area. Under cross-examination from Mr. Criswell, Mr. Cordova stated the stores that went bankrupt were Cherrelyn Drug Store and Drug Fair and he did not know if the bankruptcy was directly related to liquor sales. Mrs. Isabella Knight, 3021 South Lincoln, appeared be- fore Council and gave testimony in opposition to the application. Mrs. Knight stated there were enough liquor stores in Englewood and she felt "one-stop shopping" would not work because she would drive her car from proposed location over to the center to finish her shopping. Mrs. Knight stated she had not experienced any dif- ficulty in purchasing liquor in stores presently located in the sur- rounding area. Ma. Dee Phelps, 4500 South Cherokee, appeared before Council and gave testimony against the application on the grounds I that a large liquor store would put the small stores out of busi- ness. Ms. Phelps stated she had not experienced any difficulty in purchasing liquor in stores presently located in the surround- ing area. Mr. Leo Wedlow, 4166 South Sherman, appeared before Council and gave testimony against the application on the basis there were enough liquor stores in Englewood at the present time. Mr. Wedlow stated he had not experienced any difficulty in purchas- ing liquor in stores presently located in the surrounding area. I January 14, 1980 Page 14 Hrs. Beverlee Howe, 3255 South Delaware, appeared before Council and gave testimony against the application on the grounds there were enough liquor stores in Englewood at the present time. Ms. Howe stated she had not experienced any difficulty in purchas- ing liquor in any of the surrounding liquor outlets. Mr. Wayne Burget, 4108 South Inca, appeared before Council again and stated he would like to see King Soopers ex- pand its present facilities. Hrs. Sheila Gamble, employee of Glass Bottle Liquors, appeared before Council and gave testimony against the appli- cation. Hrs. Gamble stated a liquor store should not be next to a grocery store because of the type of clientele that shop at a liquor store. Council Member Keena discussed striking Ms. Gamble's testmony on the same grounds (type of employment) as was Mr. Meyers's given earlier and subsequently striken. However, Ms. Keena recognized that Ms. Gamble addressed pertinent issues whereas Hr. Meyers's did not and that was why his (Mr. Meyers's) testimony was striken. The following protestants were administered the oath collectively by the Deputy Clerk and came before Council to give their names and addresses to go on record in protest of the appli- cation: OWNER/ WRITTEN NAME ADDRESS RESIDENT PETITION Betty Acker 3140 s. Delaware Resident Unknown Paul Wertz 3428 s. Corona Resident Unknown Merle Koon 3434 s. Broadway Owner Unknown Judy Coberly 3835 s. Hazel Ct. Resident Yes C. Wakefield 3100 s. Delaware Resident No Tim Wakefield 3100 s. Delaware Resident No Lela Jamieson 3202 s. Cherokee Resident No Mrs .M.Summers 3140 s. Delaware Resident Yes Ruddy Tisch 7032 s. Franklin, Litt. Owner Yes Anita Tisch 7032 s. Franklin, Litt. Owner Unknown Ivan Deal 3353 s. Santa Fe Owner Yes Richard Potts 4480 s. Washington Resident Yes K. Wooderstrom 3850 s. Sherman Resident No Frank DeHof f 3195 s. Delaware Resident No P. Cordova 3424 S. Broadway Owner Yes Joe Blusha 135 E. Harvard, Den. Resident No Debbie Blusha 135 E. Harvard, Den. Resident No (Residence for Blushas is within designated neighborhood) January 14, 1980 Page 15 NAME ADDRESS K. Green 3275 s. Amelia Lopez 3265 s. Manual Lopez 3265 s. Vern Dodson 3262 s. Glen Dodson 3262 s. Pat Trujillo 4752 s. Elmer Bumquest 2895 s. OWNER/ RESIDENT Delaware Resident Delaware Resident Delaware Resident Delaware Resident Delaware Resident Logan Resident Broadway Owner In response to questioning from Mr. Dill, stated he or she had not experienced any difficulty liquor in any of the surrounding outlets. SIGNED WRITTEN PETITION No No No Unknown Unknown Yes Unknown each protestant in purchasing Mr. Dill presented his client's case in protest of the application. Mr. Dill submitted petitions -Protestant's Exhibit A -containing approximately 3,100 signatures against the appli- cation. In response to Mr. Criswell's question, Mr. Dill did not deny some of the signatures may be non-residents. Mayor Otis declared a recess at 12:05 a.m. The Council reconvened at 12:15 a.m. 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. Absent: None. The Mayor declared a quorum present. Mr . Dill called Mr. Robert Mcintyre to testify. Mr. Robert Mcintyre, 3140 S. Dahlia, owner of Old Town Liquors, appeared before Council. Under direct questioning from I Mr. Dill, Mr. Mcintyre gave testimony in that he stated there were adequate number of liquor stores in Englewood at the present time. I Mr. Mcintyre went on further to state he knew of no substantial growth in the area to require another packaged liquor store, there- fore the needs were being met and did not desire to see the license granted. Mr. Mcintyre added the proposed liquor store would en- hance competition and result in loss of revenue for the smaller stores. Under cross-examination from Mr. Criswell, Mr. Mcintyre stated his customers came from different areas and not just Engle- wood alone. Also, he did not know what effect the proposed liquor store would have on his business alone. January 14, 1980 Page 16 In response to City Attorney Berardini's question, Mr. Mcintyre stated the relocation of his store, Old Town Liquors, to South Downing and Hampden would be in the two mile radius of what was the designated neighborhood. Mr. Dill called Mr. Ron Parness to testify. Mr. Ron Parness, owner of Glass Bottle Liquors, 336 w. Hampden, appeared before Council. Under direct questioning from Mr. Dill, Mr. Parness gave testimony that Glass Bottle Liquors had been established in Englewood for over 20 years and moved to its present location in 1968. Mr. Parness stated he was planning to expand his business by moving to a different location. Mr. Parness stated he had no difficulty in purchasing liquor in other outlets and there had been no substantial growth in the area to justify another liquor store. Mr. Parness stated he did not de- sire the license to be granted. Mr. Dill submitted Protestant Exhibit B -a map of the area and surrounding liquor outlets. Under cross-examination from Mr. Criswell, Mr. Parness agreed that the proposed location for the applicant was ideal; however, he felt there were too many outlets in the area at the present time. There was no further testimony to be given by either side. Council Member Neal asked City Attorney Berardini to provide case law on whether or not the liquor licensing authority can consider competition as a factor in determining the approval or denial of a liquor license. Mr. Criswell gave closing remarks. Mr. Criswell requested that Council consider the criteria he presented earlier -needs and desires of the neighborhood. Also, to consider the needs of the people who shop at Cinderella City but may not be residents of City. '11le existing outlets have already established clientele. Mr. Criswell concluded that the proposed store would not provide that much competi- tion for the smaller stores. Mr. Dill gave closing remarks. Mr. Dill stated the peti- tions reflect 3 to 1 against and he urged Council not to consider the petitions of patrons. Mr. Dill stated he had proven there were enough liquor stores in the area and that no one had had difficulty purchasing packaged liquors. Mr. Dill concluded the needs and desires of the neighborhood were presently being met and requested that council deny the license. January 14, 1980 Page 17 Mayor Otis stated Council would make a decision within 30 days. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. I Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1:10 a.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '111e Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at