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HomeMy WebLinkAbout1979-07-23 (Special) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 23, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 23, 1979, at 7:00 p.m. Mayor Pro Tem Mann, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Pro Tem Mann. Mayor Pro Tem Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * Also present were: Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Pro Tem Mann stated the purpose of the special meeting was to hold a public hearing to consider the request for a hotel/restaurant license for Jack Field, Inc., 701 West Hampden Avenue. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Smith, Harper, Mann. None. July 23, 1979 Page 2 Absent: Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. On behalf of the City, Mr. Johannisson presented the application from Jack Field, Inc., for a hotel/restaurant liquor license to be located at 701 West Hamp- den Avenue which is Cinderella City. The specific location will be down in the Cinder Alley across from Penneys. Mr. Johannisson submitted the following items: City's Exhibit A: 1. 2. 3. 4. 5. 6. 7. 8. 9. The application on the state forms. a. Notice of Public Hearing published June 20, 1979 in the Englewood Sentinel. b. Letters dated July 13, 1979, which were mailed to the applicant and required by state statute indicating that the appli- cation had been received and was in order. Personal data forms on officers of the cor- poration and the police investigation report. Letters of reference for the officers of the corporation. Corporate records including certificate of incorporation, articles of incorporation, minutes of the meeting electing the officers. Not included in Council's packet, but received this week in the City Clerk's office and will be included in any correspondence with the state, is the stock certificate. Documents stating that the corporation has right to the property. Layout plans for the proposed location. Financial affadavits and financial report. A map indicating other similar outlets in a two-mile radius. July 23, 1979 Page 3 City's Exhibit Band C (1) through (7): 10. Petitioning report made by Oedipus, Inc. and the petitions that were circulated and com- pleted. Mayor Pro Tem Mann asked for the presentation by the applicant. Mr. John Criswell, 3780 South Broadway, attorney for the applicant appeared before Council. Mr. Criswell stated he received the petitioning report from Oedipus, Inc. Mr. Criswell submitted Applicant's Exhibit 1 which was the affidavit of post- ing. Mr. Criswell stated he wanted to present several witnesses and requested that they all be sworn in simultaneously. COUNCILMAN SMITH MOVED TO SWEAR IN THE WITNESSES AT THE SAME TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem Mann declared the motion carried. The Clerk administered the oath to four witnesses. The first witness, Mr. Thomas Merriott, manager of Cin- derella City, 701 W. Hampden Ave., appeared before Council. Mr. Criswell questioned Mr. Merriott regarding his personal and busi- ness background. Mr. Merriott provided information and gave re- sponses to his affiliation with the center. Mr. Criswell question- ed Mr. Merriott regarding the operation of the center. Mr. Merriott provided information concerning the occupancy, number of tenants, number of employees, gross sales and approximate number of people who visit the center per week. In response to Mr. Criswell's further questioning, Mr. Merriott stated the center is unique in I that it does not have a restaurant where alcoholic beverages are served and is the exception rather than the rule based upon his experience and exposure to shopping centers. Mr. Merriott stated there is a definite need for a restaurant that serves liquor in the center based on the volume of customers that the center serves. The center has to compete with other centers in the region which offer the sell of alcoholic beverages in conjunction with food as a part of their merchandise mix and at the present time, the center is not able to do so. July 16, 1979 Page 4 Mayor Pro Tem Mann asked if Council had any questions they wished to ask of Mr. Merriott. Councilman Clayton asked if the company that owned the center was foing to be company that owned the license and if the center itse f had any financial interest in the license. Mr. Merriott answered negatively. Councilman Clayton asked what was the policy of the management to allow other tenants, both old and new, to apply for a liquor license. Mr. Merriott stated the blank unilateral pro- hibition that has been in effect at the center is no longer in existence and it would not be a "carte blanche" to anyone who wants to serve liquor nor is it a unilateral prohibition. Mr. Merriott stated the management would scrutinize each request based on its own merit and what would make sense for the overall merchandise mix of the center. Mr. Clayton asked if management was in receipt of other requests either from present tenants or prospective ones. Mr. Merriott stated there has been some dis- cussion with Franz Hummel. Councilman Williams stated Council would hear applications separately and consider each license on its own merit, what some- body is intending to do is irrelevant. Mayor Pro Tem Mann asked if anyone who might be opposed to the issuance of the license had any questions to ask of Mr. Merriott. There was no response. The second witness, Jack Penfield, 109 East Crossroads, Stanford, Connecticut, appeared before Council to answer questions from Mr. Criswell. Mr. Criswell submitted Applicant's Exhibit 2 which was a copy of the applicant's floor plan. Mr. Criswell questioned Mr. Penfield regarding his per- sonal and business background. Mr. Penfield provided information, gave response to his affilitation with the corporation Jack Field, Inc. and gave reasons why he was applying for the license. Mr. Penfield described the proposed location in Cinder Alley and the floor plan of the restaurant referring to the map submitted as Applicant's Exhibit 2. Mr. Criswell submitted Applicant's Exhibit 3, the pre- liminary menu for the restaurant. Mr. Penfield stated it would not be a fast food restaurant, food will be prepared on site. Mr. Penfield stated there would be no entertainment and the hours would be those of the mall. July 16, 1979 Page 5 Mr. Criswell stated he had no further questions to ask of Mr. Penfield. Mayor Pro Tern Mann asked if Council had any questions to ask Mr. Penfield. Councilman Smith asked Mr. Penfield what type of security was being planned in regard to keeping people from handing drinks out from the sidewalk area to the mall. Mr. Penfield stated there would be a barrier between the corridor and the tables themselves. Mr. Smith stated he was concerned about somebody walking by who is under age and being handed a drink. Mr. Penfield stated he was keenly aware of the penalties associated with that happening and he and his staff would be doubly on guard to prevent it. Councilman Clayton asked Mr. Penfield if he had plans either with real estate people or the management of the center to expand his business at the center. Mr. Penfield stated he did not. There were no further questions from Council. Mayor Pro Tern Mann asked if anyone in the audience had questions to ask of Mr. Penfield. There was no response. The third witness, Shirl Werber, 1515 Monroe Street, Denver, appeared before Council. Mr. Werber stated he was Presi- dent of Investigative Services and one of the services he performed was circulating petitions for liquor licenses. Mr. Criswell submitted Applicant's Exhibit 4 which was a letter from Mr. Criswell to Mr. Werber requesting his firm to circulate petitions in the designated neighborhood on behalf of the applicant. Mr. Criswell discussed with Mr. Werber the format, manner in which the petitions were circulated and the results obtained from the survey. Mr. Criswell submitted Appli- cant's Exhibits 5, 6, and 7 -the three types of petitions that were circulated; and Applicant's Exhibit 8 -the sunnnarized re- sults of the survey. The results reflected that the needs and desires were not being met. There were no questions from Council. There were no questions from the audience. Mr. Werber was excused from the hearing. The fourth witness, Mr. Jay Gould, manager of Joslin's Department Store, 701 West Hampden Avenue, appeared before Council. I July 23, 1979 Page 6 Mr. Gould atated he waa alao the President of Englewood Merchants Aaaociation of Cinderella City. Mr. Gould read a letter from the Aaaociation aupporting the applicant's request for a liquor license. Councilman Clayton asked Mr. Gould if Council could as- auma the letter carried the unanimous support of the Merchants Aaaociation. Mr. Gould atated at their last meeting, the motion to fully aupport Jack Field, Inc., was voted on favorably and un- animoualy. There were no further questions from Council. There were no questions from the audience. Mr. Criawell stated he had no further evidence to pre- sent and requested permission to give closing remarks if any opposition or opposing evidence was presented. Mayor Pro Tem Mann asked if there was anyone else in the audience wishing to speak in favor of the license. No one responded. Mayor Pro Tem Mann asked Max Scott to appear before Council. Mr. Max Scott, Oedipus, Inc., 1200 Peanl, Boulder, Colorado, appeared before Council and was sworn in by the Clerk. City Attorney Berardini questioned Mr. Scott regarding his affiliation with Oedipus, Inc. and his association with the City to petition the needa and desires of the neighborhood in re- lationship to the aubject liquor application. Mr. Scott provided information and ~ave reaponses. Mr. Scott discussed his report and stated the results indicated that the needa and desires are not being met. Mr. Scott stated his report baa been submitted as City Exhibit B and the petitions themselves have been submitted as City Exhibits C (1) through (7). City Attorney Berardini asked if the applicant had had time to review the results. Mr. Scott stated he presumed they had; the materials were turned in on July 16, 1979. Mr. Scott answered questions from Councilman Clayton concerning the tabulations of his report. There were no iilrther questions from Council. Mayor Pro Tem Mann asked Mr. Criswell if he had any questions to ask of Mr. Scott. Mr. Criswell asked it was fair July 23, 1979 Page 7 to state that the results indicate approximately four times the number of persons that expressed themselves in this manner, ex- pressed themselves in favor. Mr. Scott stated that was true in terms of needs and desires. There were no questions from the audience. There was no one in the audience wishing to speak in opposition of the application. Mayor Pro Tem Mann asked Mr. Criswell if he wanted to make a final statement. Mr. Criswell stated he had no remarks to make. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann stated Council would consider all testimony presented and make a decision within thirty days. * * * * * * Mayor Pro Tem Mann declared a recess at 8:10 p.m. The Council reconvened at 8:20 p.m. Mayor Pro Tem Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern Mann declared a quorum present. * * * * * * Mayor Pro Tern Mann stated the purpose of the next public hearing was to consider a request for a 3.2 beer license -on pre- mises for Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jef- ferson. July 16, 1979 Page 8 COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Smith, Harper, Mann. Nays: None. Absent: Council Member Taylor. ~e~~ Pro Tem declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. Mr. Johannisson presented the application from the Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jefferson. Mr. Johannisson submitted the following docu- ments: City's Exhibit A: 1. 2. 3. 4. 5. 6. ~e application on the state forms. a. Notice of Public Hearing published on June 20, 1979, in the Englewood Sentinel. b. Letters to Mr. John O'Dell, Colorado Pizza Corporation, dated July 13, 1979, which is required by the Colorado State Statute in- dicating that the City of Englewood had been received the application and was in order. Personal history forms for the corporate of- ficers and the stockholders of the corporation, one of which is not an officer of the corpora- tion, police investigation report, employment histories, and financial statements for each one of the officers and directors. Letters of reference for each person. Corporate records including certificate of incorporation, articles of incorporation and by laws, minutes of the corporate meeting electing the officers and a facsimile of the stock certificate. Documents relating to the right of the property to the applicant. Floor plan of the proposed location. July 23, 1979 Page 9 7. 8. Financial affadavit and financial statement of the corporation. A map indicating the neighborhood prescribed by Council for petitioning and similar out- lets in a one-mile radius. City's Exhibit Band City's Exhibit C (1) through (6): 9. 10. Petitioning report prepared by Oedipus, Inc. and the petitions that were circulated and completed by Oedipus, Inc. Not included in Council's packet, but re- ceived this week in the City Clerk's office, a letter from John O'Dell relating to the re- cent death of one of major stockholders, Mr. John Murchison. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, appeared before Council and was sworn in by the Clerk. Mr. Scott answered questions posed by the City Attorney regarding his personal back- ground. Mr. Scott stated he was conmissioned by the City of Engle- wood to petition the designated neighborhood to determine if the needs and desires were being met regarding the liquor application for Col- orado Pizza Corporation. Mr. Scott discussed the manner in which the petitions were circulated and the results obtained from the survey. Mr. Scott stated the results indicated the people felt the needs and desires are not being met. Mr. Scott identified his report as City Exhibit Band the petitions as City Exhibit C (1) through (6). There were no further questions of Mr. Scott at this time. Mayor Pro Tem Mann asked for the applicant's presents- tion. Mr. John O'Dell, 10700 East Dartmouth, Apartment F-203, Denver, appeared before Council and was sworn in by the Clerk. Mr. I John O'Dell stated he was Vice President of Operations for the Colorado Pizza Corporation dba Mr. Gatti's. Mr. O'Dell stated the corporation's attorney, Mr. Charles Hillsteadt, was present if Council had any legal questions. Mr. John O'Dell presented the application, discussed the background of Mr. Gatti's, the concept of the restaurant, the needs and desires of the area that were found, and the control and dis- pensing of 3.2 beer in the restaurant. July 23, 1979 Page 10 Mr. O'Dell submitted Applicant's Exhibit A, a photograph of a Mr. Gatti's restaurant interior, and Applicant's Exhibit B, the menu. Mr. O'Dell stated he had some witnesses present to give testimony regarding the application. Mr. Raymond H. Ball, owner of Tender Lean Meats, 295 East Jefferson, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Ball several questions relative to the proposed restaurant and the liquor application. Mr. Ball stated in his opinion he felt the needs and desires of the area for a restaurant serving 3.2 beer were not being satisfied at the present time. Mr. Ball stated he frequently drives to Littleton to a restaurant so he can get quick service and it takes too long in some of the area restaurants to get waited on. Mr. Ball stated he would patronize Mr. Gatti's. There were no questions from Council nor the audience to ask of Mr. Ball. Ma. Natashia Nolan, 13200 East Glendale Place, Aurora, appeared before Council and was sworn in by the Clerk. Ms. Nolan 1tated 1he was the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Mr. O'Dell asked Ms. Nolan several questions relative to the proposed restaurant and the liquor application. Ms. Nolan 1tated 1he felt the needs and desires of the neighborhood were not being met and she would patronize the restaurant. There were no question from Council nor the audience to a1k of Ma. Nolan. Mr. William Honeyman, 3226 South Sherman, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Honeyman several questions relative to the proposed restaurant and the liquor application. Mr. Honeyman stated he felt the needs and desires of the neighborhood were not being met and he would like to see Mr. Gatti's granted a 3.2 beer license. Mr. Honeyman stated he and his wife have to drive some distance to find a good pizza restaurant especially one that serves beer. Mr. Honeyman stated he and his family would patronize the restaurant. '11lere were no questions from Council nor the audience to ask of Mr. Honeyman. Mr. O'Dell gave closing remarks. Mayor Pro Temn Mann asked if there were any questions from Council to ask of Mr. O'Dell. July 23, 1979 Page 11 Councilman Clayton asked Mr. O'Dell who now owned the stock since the event of Mr. Murchison's death. Mr. O'Dell stated Hr. McClennahan the other stock holder would be better able to answer the question. Mr. O'Dell stated Mr. McClennahan was in the audience and requested Council's permission to let him appear. Mayor Pro Tem Mann granted permission. Mr. Lee McClenn~.han, office address 7100 Broadway, Denver, appeared before Council and was sworn in by the Clerk. Mr. McClen- nahan stated the estate of Hr. John D. Murchison now owns the shares. In response to Councilman Clayton's further questioning, Mr. McClen- nahan stated stock was owned by Hr. Murchison in another restaurant now under construction in Arapahoe County. Mr. McClennahan stated he was planning to live in the area and recently purchased a home at 2185 Stony Hill Road, Boulder, Colorado. There were no further questions from Council. Mr. Charles Hillsteadt, of the law firm DeMuth, Eiberger, Kemp & Backus, Western Federal Savings Building, Denver, attorney for Mr. Gatti's, appeared before Council. Mr. Hillsteadt explained the ownership of Mr. Gatti's and the franchise agreement in Colorado which Mr. McClennahan will manage in the state. He stated Mr. Murchison's estate has been formalized and the court has appointed executors. In response to City Attorney Berardini's question, Mr. Hillsteadt stated to the best of his knowledge either of the exec- utors may sign for the estate. City Attorney Berardini stated the City and the State Liquor Division may need additional information and asked if Mr. Hillsteadt could provide whatever information will be needed. Mr. Hillsteadt stated he would be willing to provide all the documen- tation either agency might need. In response to Council's questions, Mr. O'Dell discussed the anticipated opening date, the planned on-premise management to insure that beer would not be served to minors and what steps would be taken in case of emergencies. There were no further questions from Council or the audience. Mayor Pro Tem Mann asked if there was anyone in the audience wishing to speak in favor of the application. There was no response. July 23, 1979 Page 12 Mayor Pro Tem Mann asked if there was anyone in the audience wishing to speak against the application. There was no response. There were no closing remarks from the applicant. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem Mann declared the motion carried. * * * * * * Mayor Pro Tem Mann stated Council would make a decision concerning the application within 30 days and adjourned the meeting without a vote a 9:05 p.m.