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HomeMy WebLinkAbout1980-06-09 (Special) Meeting Minutes [1]SPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 9, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session at 7:20 p.m. on June 9, 1980. Mayor Otis, presiding, called the meeting to order. The invocation was fiven by Council Member Thomas Fitzpatrick. The pledge of a legiance 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 Wanush City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEAR- ING FOR THE CONTINUATION OF THE REQUEST FOR A 3.2 BEER LICENSE SOUTHLAND CORPORATION, D/B/A 7-ELEVEN FOOD, 3501 SOUTH LOGAN. Council Member Keena 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. Deputy City Clerk Johannisson appeared before Coun- cil and presented the second survey that was done of the neigh- borhood. Mr. Johannisson stated the second survey was ordered June 9, 1980 Page 2 by the City Council. Mr. Johannisson submitted the petitions from the survey which were marked City Exhibit E (1) -(6) and the report of the survey which was marked City Exhibit F. Mayor Otis entered into the record a letter from Max Scott, Oedipus, Inc., dated May 14, 1980, which discussed the second survey. The letter was marked City Exhibit G. City Attorney Berardini asked Bob Matthews, the at- torney for the applicant, if he had received copies of the ex- hibits for the City. Mr. Matthews stated he had. Max Scott, 2902 -5th, Boulder, appeared before Coun- cil. Mr. Scott stated he was owner and operator of Oedipus, Inc. Mr. Scott gave testimony concerning the second survey and the differences between the first and the second one. Mr. Scott noted the second survey was taken on a Saturday; whereas, the first one was taken on a Sunday. The "not-at-home" rate was lower on the second survey taken on Saturday than the first one taken on Sunday. Mr. Scott attributed the difference to that particular Sunday as being the first nice day in a series of bad weather days; hence, many people were not at home. Mr. Scott added there were several multi-units in the neighborhood some of which were vacant. Mr. Scott stated if enough contacts were made in both surveys, the "not-at-home" rate was actually irrelevant. Mr. Scott stated of those contacted in the second sur- vey, 58.151 indicated the needs and desires were not being met and 41.851 indicated the needs and desires were being met. Mr. Scott stated the figures were down compared to the first survey because the second survey was somewhat biased and not as fresh and candid a response as when the survey was taken for the first time. Bob Matthews, 1911 -11th Street, Boulder, attorney for the law firm Chrisman, Bynum & Johnson, representing the applicant, came forward. Mr. Matthews asked Mr. Scott ques- tions concerning his business background and experience in performing surveys for other municipalities. Mr. Scott pro- vided the information. Mr. Matthews asked Mr. Scott if the original survey was more accurate than the second survey. Mr. Scott stated he thought it was in terms of candid responses. June 9, 1980 Page 3 Mr. Matthews asked Mr. Scott for an opinion of what the results would have been if the original survey had been done on a Saturday as far as percentages of "not-at-homes" and approval. Council Member Neal objected to Mr. Matthews's ques- tions on the basis the questioning was calling for an opinion on the validity of the surveys. City Attorney Berardini explained the questioning was being directed on the basis that Mr. Scott has been qualified as an expert in this field and an opinion can be illicited. Mr. Berardini stated Mr. Neal's objection was being raised on the basis that it was improper to make a comparison between the two surveys and both surveys should be accorded whatever weight Coun- cil deemed necessary. City Attorney Berardini asked Mr. Scott if he con- sidered the second survey reliable. Mr. Scott stated he did not consider the second survey as reliable as the first. Council granted Mr. Matthews's request to explain the his line of questioning. Mr. Matthews argued there had been two separate sur- veys in this case, one with approval of approximately 70t and one with sei. He did not know how much weight was going to be given to each one. He wanted to illicit as much testimony from Mr. Scott aa poaaible which would substantiate Southland's con- tention that the original s1~rvey with the 70t approval was the more accurate and the one that should be relied upon by the authority. Council Member Neal continued his objection. Mr. Neal stated Mr. Scott represented his opinion in the letter marked City Exhibit G. Mr. Neal stated he did hot see any purpose in further questioning to which the answers were given in the letter. Mr. Neal asked Mr. Matthews to get to the point quickly. Mr. Matthews asked Mr. Scott if the original survey had been done on a Saturday, would the approval percentage of 70t have been the same. Mr. Scott stated he would have expected it to be the same. Mr. Matthews asked Mr. Scott if he had checked on the traffic count in this particular case. June 9, 1980 Page 4 Mr. Scott stated he had. Mr. Matthews asked Mr. Scott to elaborate on the traf- fie count. Mr. Scott explained that a traffic count was part of the research his company did of a neighborhood prior to surveying it. Mr. Scott then gave the traffic count figures for the neighborhood. Mr. Matthews asked Mr. Scott how the 70\ approval rate compared with other surveys. Mr. Scott stated 70\ was a standard figure in terms of the number of surveys that he had done for this type of li- cense. City Attorney Berardini asked Mr. Scott if he had had discussions concerning the statistical data with Mr. Matthews. Mr. Scott stated he had some discussion with Mr. Matthews over the telephone. He had furnished a copy of the second survey and a copy of his letter to Mr. Matthews. Mr. Scott stated Mr. Matthews had copies of other surveys that his firm had done for Southland; and further stated his company did work for 7-11 outside the City of Englewood. Mr. Berardini asked Mr. Scott if his income received from Southland affected his testimony. Mr. Scott stated it did not because his company just did a survey for another client and the statistics came out sub- stantially against his client who happened to be the applicant. Mr. Scott stated he could not control the response received at the door nor offer incentives for one answer or another. Mr. Scott stated he felt the objectivity of the report was intact. Mr. Scott explained his professional philosophy in conducting the surveys and the method under which he conducted the surveys. There were no further questions to ask of Mr. Scott. Mayor Otis asked for closing remarks from Mr. Matthews. Mr. Matthews stated evidence had been presented to assure there were no problems in the store's operation. Mr. Matthews argued that none of the four witnesses appearing in June 9, 1980 Page 5 opposition were qualified to testify. Mr. Matthews stated the store manager had received requests for 3.2 beer and cited the courts have recognized requests to be a valid item of considera- tion in determining what the needs and desires of the neighbor- hood were. Two surveys were conducted and both showed a majority in favor of the granting of the license. Mr. Matthews stated he felt the evidence indicated the needs and desires were not being met and concluded be requesting that the license be grant- ed. There was no one else wishing to speak regarding the survey. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEAR- ING. 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. Mayor Otis declared the motion carried and closed the public hearing at 7:50 p.m.