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HomeMy WebLinkAbout1977-01-10 (Special) Meeting MinutesSPECIAL M:Em'ING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 10, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on Januar,y 10, 1977 at 6:00 p.m. Mayor T~lor, presiding, called the meeting to order. The invocation was given by Councilman Cl~on. The Pledge of Allegiance was led by M~or T~lor. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Dir. of Finance/City Clerk James • • • • • • COUNCIU4AN WILLIAMS MOVED 'lU OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR JAMES L. PLm.MER COMPANY, D/B/A FRATELLI'S PIZZA, 1200 EAST HAMPDEN AVENUE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. City Clerk James presented the application and a map showing the petitioning area of one mile radius. He noted that there are two outlets in this area presently holding hotel/restaurant liquor licenses -Arap's, 3866 South Broadway, and The Golden Fiddle, 3370 South Acoma. Attorney Harry Carleno, 3460 South Sherman, appeared representing the applicants. He presented the following exhibits to City Council: 1. Affidavit of Posting of the public hearing notice. 2. Petitions with signatures in favor of the issuance of this hotel/restaurant liquor license. January 10, 1977 Page 2 3. Petitions with signatures of customers in favor of the issuance of this hotel/restaurant liquor license. 4. Menu from Fratelli's Pizza. Attorney Carleno called the following witnesses o~ behalf of the applicants: 1. James L. Plummer, 535 Pennwood Circle, Englewood, owner and president of Fratelli's Pizza. 2. Carol J. Plummer, 535 Pennwood Circle, Englewood, part-time employee of Fratelli's Pizza and petitioner. 3. Elizabeth Boehmer, 6577 South Franklin, petitioner. 4. Paul D. Kasenga, 2475 South Gaylord, Nl7, Denver, petitioner. Attorney Carleno requested those persons in the audience to stand who were in favor of the issuance of this hotel/restaurant liquor license. City Clerk James reported a count of 12 persons. Mayor Taylor then asked if there was anyone in the audience that wished to speak against the issuance of this hotel/restaurant liquor license. No one appeared. COUNCILMAN MANN K>VED TO CLOSE '!HE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. Mayor Taylor stated that City Council will take this matter under advisement and will either approve or disapprove the application within thirty days. '.' r .,.~ COUNCILMAN MANN r«:>VED 'ro RECESS '!HE CITY COUNCIL MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, TEzylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the JOOtion carried and recessed the meeting at 7:08 p.m. • • • • • • January 10, 1977 Page 3 COUNCILMAN CLAYTON M'.>VED TO RECONVENE THE CITY COUNCIL MEETING. Councilman Smith seconded the m:>tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, ClS\Yton, TS\Ylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried and reconvened the meeting at 8:00 p.m. COUNCILMAN SMITH MOVED TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR G.G.O., INC., D/B/A SIZZLER FAMILY STEAK HOUSE, 5151 SOUTH BROADWAY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, TS\Ylor. Nays: None. • I' Absent: Council Member Sovern. The MS\Y'Or declared the motion carried. City Clerk James presented the application and a map showing the petitioning area of twelve blocks. He noted that there are three outlets in this area presently holding hotel/restaurant liquor licenses -Ground Round, 5180 South Broadway, Englewood; Littleton Merchantile Company, 229 West Littleton Boulevard, Littleton; and Brock's, 89 West Littleton Boulevard, Littleton. Attorney Alan B. Lottner, 718-17th Street, Denver, appeared representing the applicants. He presented the following exhibits· to City Council: 1. State of Colorado Certificate of Incorporation. 2. Pages 26-31 of the Lease Agreenent. 3. Plans for the building. 4. Petitions circulated by Martin P. Doherty. 5. Petitions circulated by William C. Culkin. 6. Petitions circulated by Walter D. Schwidetsky.· ·p ,, Attorney Lottner called the following witnesses on behalf of the applicants: January 10, 1977 Page 4 • 1. Martin P. Doherty, 1365 South Josephine, Denver, petitioner. 2 . William C. Culkin, 2088 South Josephine, Denver, petitioner. 3. Walter D. Schwidetsky, 2475 South Gaylord, Denver, petitioner. 4. Emry Osborn, 6495 Happy Canyon Road, #153, Denver, president, owner, and stockholder of G.G.O., Inc. Mayor Taylor asked if there were any other persons in the audience that wished to speak in favor of this hotel/restaurant liquor license, and the following persons appeared: 1 . Mertyl Jones, 5020 South Washington. 2 . Maurice Jones, 5020 South Washington. Mayor Taylor then asked if there was anyone in the audience that wished to speak against the issuance of this hotel/restaurant liquor license. M. M. Summers, 3140 South Delaware, appeared representing ten persons who had signed a petition in opposition to this license. Attorney Lottner entered an objection into the record for receiving this petition and the testimony given by Mr. Summers because there was no supporting testimony given nor was an affidavit attached to the petition. COUNCILMAN WILLIAMS MOVED TO CLOSE '111E PUBLIC HEARING. Councilman Mann seconded the motion. City Attorney Berardini stated that Council should take action through a motion concerning the objection to the testim:>ny and petition of Mr. Summers. COUNCILMAN SMITH MOVED TO RECEIVE THE TESTIMONY AND PETITION PRESENTED BY MR. SUMMERS. Councilman Brown seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE K>TION TO RECEIVE THE PETITION PRESENTED BY MR. SUMMERS FOR WHATEVER VALUE IT MAY HAVE. The motion died for the lack of a second. Upon a call of the roll, the vote on the motion to receive the testimony and petition presented by Mr. Summers resulted as follows: Ayes: Council Members Smith, Brown, Clayton. Nays: Council Members Williams, Mann, Taylor. Absent: Council Member Sovern. The Mayor declared the motion defeated. I January 10, 1977 Page 5 COUNCILMAN SMITH MOVED TO DIRECT THE CITY CLERK TO VERIFY THE SIGNATURES ON THE PETITION PRESENTED BY MR. SUMMERS AND TO ENTER THEM INTO THE OFFICIAL RECORD OF THIS PUBLIC HEARING. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Clayton. Nays: Council Members Williams, Mann, Taylor. Absent: Council Member Sovern. The Mayor declared the D:>tion defeated. Upon a call of the roll, the vote on the motion to close the public hearing resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the D:>tion carried. • • • • • • A complete transcript of these public hearings is being prepared and will be available in the City Clerk's office. Mayor Taylor adjourned the City Council meeting at 10:10 p.m.