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HomeMy WebLinkAbout1980-05-12 (Special) Meeting Minutes [2]SPECIAL MEETING: COURCIL CHAMBERS CITY or EMGLEWOOD, COLORADO May 12, 1980 /b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session at 7:30 p.m. on May 12, 1980. Mayor Otis, presiding, called the meeting to order. Mayor Otis dispensed with the invocation and pledge of allegiance because they were given at the preceding meeting. Ma{or Oti• aaked for roll call. Upon a call of the roll, the fo loving were present: Council Members Hifday, Heal, Fitzpatrick, Keena, Bilo, Bradshaw, Ot s. Absent: Hone. The Mayor declared a quorum present. * * * * * * Also preaent were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisaon Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was to hold a public hearing to consider a request for a 3.2 beer license (consumption off the premises) for 7-11 Store, 3501 South Logan. * * * * * * COUNCIL MEMBER HIGDAY )l)VED TO OPEN THE PUBLIC HEARING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted ae follows: Ayes: Haya: Council Members Rigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Hone. The Mayor declared the motion carried. Hay 12, 1980 Page 2 Deputy City Clerk Johannisson appeared before Council and presented the following information: 1. City Exhibit A -Applicant's File. 2. City Exhibit B -May of designated neighborhood. 3. City Exhibit C (1) -(4) -Petitions circulated by Oedipu•, Inc. 4. City Exhibit D -SUD1Dary Report from Oedipus, Inc. Mr. Johanni••on introduced the representative from Oedipus, Inc., the firm who conducted the eurvey of the neighborhood. Peter leynold•, 909 Prat Street, Longmont, Colorado, of Oedipus, Inc., appeared before Council and gave testimony regarding the reault• of the aurvey outlined in the summary re- port. Mr. Reynold• •tated of tho•• people eligible to partici- pate in the •urvey, 70.161 indicated the needs and desires were not being met and 29.141 indicated the needs and desires were presently being met. Council di•cu•••d thi• report at length with Mr. Reynolds. Council Member Real co-nted on the number of "Not-At-Homes" and noted the eurvey waa done on Sunday during which time some people would be at church in th• mornina. Mr. Reynold• atated the high percentage of "Not-At-Homes" could be for any rea•on conaidering the nice weather for that day. He noted the •urvey waa conducted both in the morning and the after- noon which •hould not •k.w the re•ult•. Council Member Real contended since there was a signi- ficant portion of "1'ot-At-Homea", the report may not be valid and may not portray a true picture of the neighborhood. Mr. Reynold• atated it waa customary for his company to conduct survey• on Sunday• and since the survey was a random sample of a neighborhood, the re•ult• were reliable. Council Mellber Neal aaked Mr. Reynolds if it was fair I to assume that a particular cl••• of people in this case had been excluded to speak or denied the right to express their needs and desires in thi• •urvey. Mr. Reynold• atated he understood Mr. Neal's point but from a hi• acientific point of view, it would not negate the total results of th• aurvey. Hay 12, 1980 Page 3 Council Member Neal agreed it would not totally negate the survey; however, a apecific group of people was not allowed to express their n~cds and deairea. COUNCIL MEMBER NEAL t«>VED TO CLOSE THE HEARING AND TO HAVE THE MATTER CORSIDEllD AT A LATER TIME WHEN SUBSEQUENT PETI- TIONS CAN BE OFFERED. Council Member Bradshaw seconded the mo- tion. City Attorney lerardini adviaed Council to continue the hearing and then make a deciaion of whether or not to post- pone the hearing and reorder a aurvey. Upon a call of the roll, the vote resulted as follows: Ayea: Nays: Council Member• Neal, Bradshaw. Council Members Higday, Fitzpatrick, Keena, lilo, Otia. Mayor Oti• declared the motion defeated and ordered the public hearing to continue. There were no further questions to ask of Mr. Reyonlds. Mayor Oti• aaked for the applicant'• presentation. Bob MatthMla, 1911 11th Street, Boulder, Colorado, attorney for Southland Corporation, appeared before Council to present the applicant'• caae. Mr. MatthMI• requested that there be a continuance at the conclusion of the presentation of evi- dence in light of the fact there were aubstantial questions con- cerning the aurvey. Mr. Matthew pointed out in any survey taken on any day of the week there would be aome particular class of people not at home. Mr. Matthew• called Brian Kettle as the first witness. Mr. Brian Kettle, 1550 Youngfield, Lakewood, Colorado, appeared before Council. Under direct questioning from Mr. Matthews, Mr. Kettle gave teatimony concerning his business back- ground and general information as to why the Southland Corporation was requesting a 3.2 beer license application. Mr. Kettle testi- fied as to the poating of notice for this hearing. Mr. Matth8Va r.r•••nted Applicant's Exhibit A -"7-11 Employee Avareneaa For11' and Applicant'• Exhibit B -"7-11 Em- ployee Workbook"; and aaked Mr. Kettle to explain how these two May 12, 1980 Page 4 booklets were uaed in the training of 7-11 personnel in the opera- tion of a atore. Mr. Kettle explain¥d Lhe training process through which managers/operation• of 7-11 atorea go and discussed the corporate policy for peraonnel to aell beer in the stores. Mr. Kettle then anawered questions from Council concern- ing the market area of the atore, the corporation's policy for the hiring of manager• and clerka. Mr. Kettle stated the store manager had received aeveral requeata about five a day for beer and that was primarily the reaaon for application. Mr. Matthew• called Barbara Winslow forward. Barbara Winalov, 815 Revcombe, Lakewood, Colorado, appeared before Council. Under direct questioning from Mr. Matthews, Ma. Winalov gave teatimony concerning her manaferial responsibiliti•• at the 7-11 Store, 3501 South Logan. A so, she gave teatimony concerning the formal training she received from the Southland Corporation. Ma. Winslow stated she had received several requeata for beer from patrons of the store. Mr. Matthew• had no further witnesses and there was no one else who wiahed to speak in favor of the application. Mayor Otia aaked if there was anyone wishing to speak in opposition to the application. Don Mowery, 3001 South Pearl, appeared before Council. Mr. Mowery queried whether or not five requests a day for beer was enough to juatify the iaauance of the application. Mr. Mowery also stated if people wanted to purchase beer, they could go to the Safeway Store. Frank Gentile, 3945 South Sherman, appeared before Council. Mr. Gentile oppoaed the application on the basis that the outlet was too cloae to the junior and senior high schools. Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Knight oppoaed the application in that she felt there were enough outlet• in Englewood at the present time. Diane Beaver, 713 East Amherst Place, appeared before Council. Mrs. Beaver atated ahe was representing the Englewood High School PTSA. Mra. Beaver aubmitted protest petitions. She stated moat of the •iraturea were of those people who did not live in the deaignate neighborhood; but were parents of students who walked past the 7-11 Stores on their way to school. I I May 12, 1980 Page 5 Mayor Otis declared a recess at 9:10 p.m. for the pur- pose of allowing the City Attorney and Mr. Matthews time to re- view the petitions submitted by Mrs. Beaver. Council reconvened a t 9:25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were preaent: Council Melllbera Hifday, Neal, Fitzpatrick, Keena, Bilo, Bradahav, Ot •· Absent: None. The Mayor declared a quorum present. Mr. Matthew• called Mra. Beaver forward. In reaponae to Mr. Matthew•'• questions, Mra. Beaver stated she did not live in the deaignated neighborhood but had a son who went to the h1gh achool and walked through the neigh- borhood. Varioua people circulated the petitions including her- self. The baaia reaaon for aubllittinf the petitions was that the outlet was too cloae to the achoo and students had to walk by the outlet daily. In response to City Attorney Berardini's questions, Mrs. Beaver stated there were approximately 129 signatures on the petition. Mra. Beaver atated ahe wanted these petitions to be submitted in opposition at the next public hearing, which was the application for the 7-11 Store at 3900 South Broadway. Deputy City Clerk Johannisson stated the City Clerk's off ice would verify the signatures on the petitions and deter- mine those that are within the designated area. Mr. Matthews objected to the submission of Mrs. Beaver's protest petitions on the ground• that moat of the people who signed the petitions did not live in the designated area and the reason for the protest was that the outlet was too close to the school which was not a valid reaaon. COUNCIL MEMBER HIGDAY K>VED TO RECEIVE THE PETITION AS PRESENTED BY THE PRESIDERT OF THE ENGLEWOOD PTSA. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. May 12, 1980 Page 6 The Clerk marked it Protestant's Exhibit A. Don Mowery, 3001 South Pearl, appeared again before I Council. Mr. Mowery atated aince children must attend public schools and if parent• had no choice in the matter then Council should consider thoae people's signatures outside the designated neighborhood. In responae to Council Member Bradshaw's question, Ms. Winslow, manager of 3501 South Logan 7-11 Store, stated about one- half of her cuatomera were atudenta. Mr. Matthew• aubmitted a petition signed by patrons who were in favor of the iaauance of a 3.2 beer license. Mr. Matthews noted no one witneaaed patron• aigning the petition; however, the manager would teatify the petition waa at the front desk and the clerk waa to vitne•• the aignaturea that were made. COUNCIL timMlll BILO tl>VID TO ACCEPT THE PETITION FROM SOUTHLAHD CORPOIATIOlf MD GIVE THE DOCUMENT WHATEVER WEIGHT IT MAY SHOW. Council Member Hi1da7 aeconded the motion. Upon a call of the roll, the vote reaulted aa follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Discussion enaued concerning the ordering of a second survey by Oedipus, Inc. Mr. Matthews stated Southland Corporation would be willing to pay for the second survey. COUNCIL MIMIEI REAL J«>VED TO POSTPONE THE PUBLIC HEAR- ING UNTIL 7:15 P.M. OR JURE 9, 1980, FOR THE PURPOSE OF CONSIDERA- TION OP NEW SURVEY IY OEDIPUS, IHC., TO BE PAID FOR BY SOUTHLAHD CORPORATION. Council Member Fitzpatrick 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 and adjourned the public hearing at 10:00 p.m. until June 9, 1980, at 7:15 p.m.