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HomeMy WebLinkAbout02102005 WorkshopHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES WORKSHOP THURSDAY, FEBRUARY 10, 2005 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Workshop to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Excused Absence: Councilmember Ray Coniglio Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Trace Hass Sergeant Mike Byers Officer Rich Revis City Council Workshop February 10, 2004 Page Two WORKSHOP ITEM A. Possible Amendment To Section 10-1 Of The Code Of Ordinances Which Restricts The Sale Of Alcoholic Bevera,qes Within 450 Feet Of Churches And Schools The City Attorney advised that the Florida Attorney General has opined that cities and counties cannot regulate the distance location for sales of beer for off-premises consumption, however, he advised that on further research of the law the opinion references, he now disagrees with the AGO, stating that this is not a zoning law and advised that the AGO be ignored at this time. He further advised that legal interpretation of distance would be from main entrance from a church to main entrance of the establishment in a straight line, and in the case of schools it is from the property line of the school. He said looking at an aerial photo, it is shown that the majodty of Mr. Bruno's property is further than 450 feet; and state statues have deleted church distance requirements; provide for 500 feet for schools and provide for restaurants deriving 51% of their sales from food. He said Fellsmere and Vero Beach have taken out the reference to churches; Indian River County still has schools in its law for unincorporated area. In response to Mayor McCollum, the City Attorney stated local law could be more stringent than state law as far as location and hours of operation. Larry Hardman, Columbus Street, said if special dispensation is given now others will follow suit and ask for exceptions. Mayor McCollum asked the public not get personal and to respect the many different faiths represented in this town. The City Attorney said state law would not issue an alcohol sales license within 500 feet of a school. Joel Tyson, City Councilmember from Fellsmere, said Fellsmere decided to amend it's antiquated ordinance to comply with Florida law. He said there were a lot of protests, but went ahead and amended the ordinance and there has not been one incident of public drunkenness. Russ Owen asked if the business would have only beer and wine or a full bar. Bob Bruno said it would be only beer and wine. City Council Workshop February 10, 2004 Page Three Tape I, Side II, 7:30 pm Mayor McCollum said the steakhouse issue was moot because it appears to be a proper distance away. The City Attorney cautioned what the City does not want to allow is a place with a couple of tables and call it a restaurant when it is actually a bar. Mr. Owen said he could not see a problem with people sitting down for a nice meal and a beer or glass of wine. Judy Driscoll commented that it sounds like a nice restaurant. Joe Graham suggested relocating the churches. Pastor Edwin Creel stated beer and wine is alcohol and requested to leave the law as it is. Janet Murray asked to respect the history of the churches and why build a fine restaurant next to freight line. Ron Thomas, Pastor, Sebastian United Methodist Church, said this is not a City vs. church issue, submitted a petition with over 850 signatures asking that there be no change in the code, and said all they are asking is that for is that for any established traditional churches, the 450 feet distance be respected. He said he would hate for the City to use the state law as an example for what it chooses. He said the traditional churches serve the same groups and the same purposes as schools do. He said 450 feet is a symbol for Sebastian and asked that it remain so. Carol Cooper asked if the restaurant fails would the liquor license go with the property. The City Attorney said the license goes with the licensee and the license could be sold separately if the buyer was qualified under state law. The City Attorney advised that the state law will not issue a permit to someone for sale of alcohol within 500 feet of a school, unless the City passes a specific ordinance to allow it; and that state exempts restaurants from this law. Trish Orr, owner of a hair studio located in the old Parks house, said Mr. Bruno does respect the history of the City, said the train does not bother 3 City Council Workshop February 10, 2004 Page Four Tape II, Side I, 8:32 pm her, that business in the villages needs to be promoted, and everyone needs to work together. Robert Bruno, thanked the community and the people who have told him that this ordinance needs to be modified, asked for Council's support to bring upscale businesses into the community. He expressed his frustration in having to fight for something positive for this community. He said there is potential for two restaurants and one is the Uptown Gdll which would be located over 200 feet away from the church, and one restaurant and 20 upscale shops are intended for this site. Ron Shelly, asked how one church could be so passionate about this and another church is going to serve alcohol at its food festival, and what inspired the 450 feet. Warren Dill asked Council to make their decision based on facts and not emotions. He pointed out the community benefits of the CRA revenue and stated only a few restaurants could make an impact on the whole CRA. He cited a federal law that allows any gathering of individuals to be declared a church. He asked that the minimum Council action include established, traditional churches. Larry Hartman asked to put this on the ballot and the Mayor let him know there isn't enough time. Vausta Kinney expressed concerns for setting precedence. Damian Gilliams stated good businessmen don't invest near churches and urged Council to vote no. Janet Seeley, said she was more concerned about what children are seeing on television than what will happen because a restaurant opens which serves beer and wine. Edward Alexi, said there should be no exemption to the 450-foot law. Robert Bruno reminded everyone that the law can be changed and will be changed in the future, if not now. Recess 8:35 p.m. to 8:45 p.m. All members returned. 4 City Council Workshop February 10, 2004 Page Five Ms. Monier said it was never her intention to harm the churches, understands the significance of churches, but stated there needs to be a balance. She said there is a way to compromise and agrees that bars would not be appropriate next to churches. She said she would like to go over all comments, look at the state law, said there are bars within 450 feet, including Mr. Gilliams' bar. She suggested the Community Redevelopment Committee look at this especially since a recent event was very successful in the district. Mayor McCollum said all businesses have a right to operate in this town including Ms. Monier's art gallery and gift shop. The City Attorney said the definition of churches could be amended to provide that they be free standing buildings on a specifically sized site. Mayor McCollum asked if the tiki bar was grandfathered in and the City Attorney did not recall. The Mayor also asked about the charter school's proximity to the restaurant and the City Attorney stated they were not within 450 feet of each other. Mr. Barczyk noted the state does not recognize chumhes in its prohibition of 500 feet, confirmed the restaurant will be where the Frosty Pelican was, asked if prohibited hours could be established to accommodate the church. The City Attorney said there is a long line of distinction between bar and restaurant licenses, and state law allows restaurants next to schools as long as 51% of revenues come from food, recommended elevating it with some seating capacity rules, that limiting to beer and wine, hours of operation can be written into the ordinance. Mr. Gilliams said if specific cdteria is met, a liquor license could be obtained. Mayor McCollum agreed that the issue be sent to the Community Redevelopment Committee and the Chamber of Commerce for comment. The City Attorney advised Council about his previous decision on Ms. Monier abstaining from the vote on the ordinance during its first reading. Ed Seeley, Sebastian, congratulated Mr. Gilliams on his compassion in attempting to bring these groups together, and Mr. Bruno for all the work he has done for the U.S. 1 thoroughfare. City Council Workshop February 10, 2004 Page Six Being no further business, Mayor McCollum adjourned the Workshop at 9:22 p.m. Approved at the 2 / 23 / 05 Natha~n I~'. Mc(~ollfim(Mayor Regular S~Mai~o ~,erk City Council Meeting. 6 Ordinance 0-05-10, Section 10-1 (a) It shah be unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. BY THIS PETITION WE THE UNDERSIGNED REQUEST THAT THE MEMBERS OF THE SEBASTIAN CITY COUNCIL AFFIRM THF~ PROTECTIONS AFFORDED OUR SCHOOLS AND CHURCHES CONCERNING THE SALE OF ANY ALCOHOLIC BEVERAGES WITHIN 450 FEET AND MAKE NO CHANGES TO ORDINANCE NO. O-05-10. This petition was submitted by Rev. Ron Thomas at the 2/10/05 Workshop. The Clerk noted that reference to Ordinance No. 0-05-10 was incorrect.