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HomeMy WebLinkAbout1979-03-26 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 26, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado; met in special session on March 26, 1979, at 7:00 p.m. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Councilman Donald Williams. Mayor Pro Tero Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann. Absent: Council Members Smith, Taylor. The Mayor Pro Tern declared a quorum present. Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Finance/ex officio City Clerk-Treasurer James Deputy City Clerk Watkins Mayor Pro Tero Mann stated the purpose of the special meet- ing was to hold a public hearing on a liquor application. COUNCILMAN WEBER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER A HOTEL/RESTAURANT LIQUOR LICENSE FOR KONA COAST, INC. 4272 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. March 26, 1979 Page 2 The Mayor Pro Tern declared the motion carried. COUNCILMAN WEBER MOVED THAT THE OFFICIAL RECORD FOR THE PROCEEDING BE THE AUDIO TAPE THAT COUNCIL NORMALLY USES TO RECORD COUNCIL PROCEEDINGS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tern declared the motion carried. Attorney for the applicant, Joel Judd, Reckseen & Lau, P.C. 10701 Melody Drive, Northglenn, Colorado, appeared before Council and stated he accepted Council's decision that the audio taJ;Ewould be the official record; however, he requested Council's permission to let the court reporter remain. Council had no objection and allowed the court reporter t0 ... stay as long as it was understood that the tape was the official i cord. Director of Finance/ex officio City Clerk-Treasurer, William James, 2825 South Pennsylvania, appeared before Council and was sworn in by the Deputy Clerk. Mr. James stated the following information has been received by the City Clerk's office and all fees have been paid: 1) Application for a hotel/restaurant license submitted by Yook Lim Lew and Jimmy Wong Bok dba Kana Coast, Inc. 2) Letters relating and personal history of the applicants including police investigation reports. 3) Letters of reference for the officers of the corporation 4) Corporate records including certificate of incorporation articles of incorporation, minutes of corporate meeting appointing officers, and stock certificates. 5) Documents relating to the right of the property. 6) A building plan. 7) Financial documents relating to the corporation. March 26, 1979 Page 3 8) A map indicating other similar outlets in a one-mile radius. Mr. James stated in order to determine the needs and desires of the neighborhood the City employed the firm Oedipus, Inc. to peti- tion the area. Mr. James stated Council has the firm's report dated March 26, 1979. Mayor Pro Tern Mann asked Mr. Judd if he had any questions to ask of Mr. James. Mr. Judd requested clarification on the radius of the area and if Mr. James knew what the population was. Mr. James stated the area petitioned was a one-mile radius and he did not know the total population figure. Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and was sworn in by the Deputy Clerk. Mr. Scott sub1nitted four exhibits (City Exhibits A (1) through (4) ) indicating the area in which the petitioning took place, and his report summarizing the results (City Exhibit B). Mr. Scott stated the results indicated 72.76% people contacted felt the needs and de- sires are not being met and 27.24% felt the needs and desires are currently being met. Mayor Pro Tern Mann asked Mr. Judd if he had any questions to ask of Mr. Scott. In response to Mr. Judd's questions, Mr. Scott stated the bulk of his surveys pertain to liquor licenses and his petitioning formats are thorough, reliable and represent the issue accurately. Mayor Pro Tern Mann asked if a representative from the opposition was present and if that person wished to ask questions of Mr. Scott. Mr. Doug McKennon, 609 West Littleton Boulevard, Littleton, Colorado, appeared before Council and stated he represented the people in opposition. In response to Mr. Judd's request, Mr. McKennon stated he was representing Mrs. Joan Anderson, 4451 South Sherman, who runs a day care business in the neighborhood. Mr. McKennon requested from Mr. Scott figures in a four block area square. Mr. Scott supplied the figures for and against the license. Mr. McKennon had no further questions for Mr. Scott. March 26, 1979 Page 4 Mayor Pro Tern Mann asked Mr. Judd to deliver his pre- sentation for the applicant. Mr. Judd called Jimmy Wong Bok to appear before Council. Mr. Bok, Route 7, Box 442, Evergreen, Colorado, was present and sworn in by the Deputy Clerk. Mr. Judd questioned Mr. Bok regarding his personal and business background. Mr. Bok provided information, gave response to his affiliation with the present restaurant on South Broadway, and gave reasons why he was applying for the license. Mr. Judd introduced Applicant's Exhibit A, a remodeling plan; and Applicant's Exhibit B, the proposed menu. Mr. Judd stated the remodeling plan has not yet been submitted to the Build- ing Department; howeve~, any items that are not suitable will be changed to comply with the Building Department's regulations. With Council's permission, Myron Bunton, 4345 South Kalamath, appeared before Council and was sworn in by the Deputy Clerk. Mr. Bok answered Mr. Bunton's question concerning wages Mr. Bok pro- poses to pay dishwashers. Mr. Judd called Yook Lim Lew to appear before Council. Mr. Lew, 11448 Larson Lane, Northglenn, Colorado, was pre- sent and was sworn in by the Deputy Clerk. Mr. Judd questioned Mr. Lew regarding his personal and business background. Mr. Lew provided information, gave response to his affiliation with the present restaurant on South Broadway, and gave reasons why he was applying for the license. Mr. Judd called Ralph Anderson to appear before Council. Ralph Anderson, 17481 East 112th, Brighton, Colorado, was present and was sworn in by the Deputy Clerk. Mr. Anderson stated he was contracted by Mr. Judd to survey the immediate surrounding businesses in the area. the the are Mr. Judd introduced Ap~licant's Exhibit C (1) and (2), petitions from Mr. Andersons survey. Mr. Anderson stated petitions indicated the needs and desires of the neighborhood not being met. Mr. Judd called Edward Malia to appear before Council. Edward Malia, 3423 1/2 South Lincoln, was present and was sworn in by the Deputy Clerk. March 26, 1979 Page 5 In response to_ Mr. Judd's question, Mr. Malia stated it was his personal opinion there was a need for the restaurant in the neighborhood as proposed by the applicant. Mr. McKennon had no questions at this time. Mr. Judd stated he had no further testimony at this time. Mayor Pro Tern Mann declared a recess at 8:45 p.m. The Council reconvened at 8:50 p.m. Mayor Pro Tern Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann. Absent: Council Members Smith, Taylor. The Mayor Pro Tern declared a quorum present. Mayor Pro Tern Mann asked if anyone in the audience wished to speak in favor of the application. No one responded. Mayor Pro Tern Mann asked if anyone in the audience wished to speak against the application. Mr. Doug McKennon, appeared before Council reiterating he represented the opposition. Mr. McKennon submitted Opponent's Exhibit A (1) through (4), petitions of those residents against the application. Mr. Judd objected to the submission on the argument there was no basis of knowing in what fashion the petitions were circu- lated. Mayor Pro Tern Mann ruled to receive the petitions. Mayor Pro Tern Mann asked if anyone else wished to speak in opposition. Mr. M. M. Summers, 3140 South Delaware, requested permission to speak. It was determined that Mr. Summers resided outside the petitioning area. City Attorney Berardini stated the statutes require that anyone offering testimony must be an interested party, a resident of the neighborhood under consideration. COUNCILMAN WILLIAMS MOVED THAT MR. SUMMERS NOT BE ALLOWED TO SPEAK SINCE HE LIVES OUTSIDE THE AREA. Motion died for lack of a second. March 26, 1979 Page 6 Councilman Weber prefaced his motion by stating he under- stood that Mr. Summers had particular interests on this issue even though he resides outside the petitioned neighborhood. COUNCILMAN WEBER MOVED TO ALLOW MR. SUMMERS TO SPEAK. Councilman Clayton seconded the motion. Mr. Judd objected to Mr. Summe·rs speaking on the bas is that he resides outside the petitioning area. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann. Council Member Williams. Council Members Smith, Taylor. The Mayor Pro Tern declared the motion carried. Mr. M. M. Summers, 3140 South Delaware, appeared before Council and was sworn in by the Deputy Clerk. Mr. Summers stated he felt there were enough liquor businesses in the City and re- quested that Council not grant the license. Mr. Judd objected to Mr. Summers 1 s testimony. Mayor Pro Tern Mann asked if there was anyone else in the audience who wished to speak in opposition. No one responded. Mayor Pro Tern Mann asked Mr. Judd if he wished to rebut any prior statements. Mr. Judd requested permission to review the opponents' petitions. Council granted Mr. Judd's request. Mr. Judd called,Mrs. L. E. Johnson, petitioner for the opposition, to appear before Council. Mrs. Johnson was not present. Mr. Judd called Rose Gallegos, petitioner for the opposition, to appear before Council. Ms. Gallegos, 4384 South Broadway, appeared and was sworn in by the Deputy Clerk. In response to Mr. Judd's questions, Ms. Gallegos s.tated she was contacted by Mrs. Joan Anderson to circulate the petitions and that she kept no records of those in favor of the application. Mr. Judd called Mrs. Joan Anderson, petitioner for the opposition, to appear before Council. Mrs. Joan Anderson, 4451 South Sherman, was present and was sworn in by the Deputy Clerk. In response to Mr. Judd's questions, March 26, 1979 Page 7 Mrs. Anderson stated she was hired by Walter Roe, the owner of Hilda's Ba½ to circulate the petition and did not keep any re- cords of those who favored the application. Mrs. Anderson stated she hired Mr. McKennon to represent her interests in this matter. Mr. Judd called Bill Hagar, petitioner for the opposition, to appear before Council. Mr. Bill Hagar, 5273 South Newton, Littleton, Colorado, was present and was sworn in by the Deputy Clerk. In response to Mr. Judd's questions, Mr. Hagar stated he volunteered to help Mrs. Anderson circulate the petitions and kept no record of those in favor. Mr. Judd recalled Mr. Max Scott and mked for his opinion on the validity of the other petitions circulated by the opposition. Mr. Scott replied he felt his report was more thorough than the other; therefore, more qualified to give accurate results. Mr. McKennon cross-examined Mr. Scott in regard to the opponents petitions. Mr. Judd gave closing statements regarding the liquor application. Mayor Pro Tern Mann asked if anyone else wished to speak in opposition. No one responded. Mayor Pro Tero Mann stated Council would make a decision on this application within 30 days. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Willia.ms, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tero declared the motion carried. Mayor Pro Tem Mann adjourned the meeting at 10:05 p.m. puty City Clerk