Minutes of the meeting where beer & wine was approved for restaurants in Watkinsville
MINUTES OF MEETING
OF MAYOR AND COUNCIL
CITY OF WATKINSVILLE
August 9, 2006
PRESENT: Mayor Luken, Council members Link, Purcell, Brodrick, Walsh, Walter and City Attorney Reitman.
VISITORS: See attached sheet.
QUORUM CHECK: Mayor Luken acknowledges a quorum is present. Mayor Luken also asks those with non-emergency cell phones to turn them off or down. All speakers are asked to approach the lectern and address Council.
WATKINSVILLE BEAUTIFUL YARD AWARD: Councilwoman Samantha Purcell announced Doris & Gene Thornton of 11 Bunny Hop Trail as receiving the Watkinsville Beautiful Yard Award for the month of August. The selection was made by Jittery Joes. The Thorntons were not present.
MINUTES: Councilwoman Purcell moved and Councilman Brodrick seconded the motion to approve the minutes of the June 26, 2006 Called Council meeting as presented. Motion carried unanimously.
Councilman Walsh moved and Councilwoman Purcell seconded the motion to approve the minutes of the July 12, 2006 Council meeting as presented. Motion carried unanimously.
Councilman Brodrick moved and Councilman Link seconded the motion to approve the minutes of the July 24, 2006 Called Council meeting as presented. Motion carried unanimously.
Councilman Walter moved and Councilwoman Purcell seconded the motion to approve the minutes of the July 31, 2006 Called Council meeting. Motion carried unanimously.
JAIMEE DEAN: Councilwoman Purcell moved and Councilman Walter seconded the motion to approve a business license for Mary Lou’s Garden at 10C Barnett Shoals Road. Motion carried unanimously.
FLO WILKES: Councilman Walter moved and Councilman Brodrick seconded the motion to approve the demolition permit for the existing house at 1420 Greensboro Highway contingent upon EPD approval. Motion carried unanimously.
TED EVANS: Councilwoman Purcell moved and Councilman Brodrick seconded the motion to approve a building permit for a 55’ x 130’ steel building at 50 Greensboro Highway contingent upon Mr. Evans submitting a planting plan. Motion carried unanimously.
RECONCILIATION REPORT: Councilwoman Purcell moved and Councilman Walter seconded the motion to approve the June 30, 2006 Reconciliation Report as presented. Motion carried unanimously.
MAYOR’S REPORT: See attached report. Mayor Luken adds that Harris Shoals Park clean up has been scheduled for Saturday, August 26, 2006. Mayor Luken asks for volunteers. Councilwoman Purcell and Councilman Walsh volunteer to help with the clean up.
Mayor Luken notes there is a letter with privileged information regarding possible litigation and suggests an ad hoc committee (Councilman Walter, Councilman Brodrick, Chief O’Dillon and Code Enforcer, Robert Hegge) to move forward on this.
Chief O’Dillon explains school has began, streetscape and the traffic signal installations are in progress. Chief asks for people to cooperate by slowing down. Mayor Luken adds that the Watkinsville Police Department does an excellent job controlling Watkinsville. We are not in this one for revenue. A small town requires three things continually: pedestrian friendly, parking and cleanliness. We work on that day in and day out. Thanks to Chief O’Dillon.
CITIZEN’S COMMENTS: Quinton Phillips asks for a left turn light at Barnett Shoals Road. Mayor Luken explains we are working on that.
OLD BUSINESS: (1) Bicentennial Reports: Mayor Luken explains Maridee Williams is taking care of the Bicentennial Birthday.
Councilman Walter explains the bicentennial banners will be going up. Jerry and the Watkinsville Street Department workers have started this process. Councilman Walter appreciates the hard work of the street department.
(2) Consider Beer & Wine Ordinance: Mayor Luken explains City Attorney Reitman has been working very diligently on the ordinance. For those staying in touch regularly, we appreciate it as long as you are courteous and trying to help. We have separated the ordinance into two parts: (1) restaurants and (2) retail package. We can entertain both at the same time or individually. If all or part of the ordinance is passed, ask that it not go into effect until January 1, 2007, to ensure no more bugs and make sure Watkinsville doesn’t change. Items Council has responded to:
§ Identified and eliminated lounges and private clubs
§ Required purchase of food/meal to go with beer and wine.
§ Beer & wine sells end at 10:30 p.m.
§ Restaurants close at 11:00 p.m.
§ Eliminates brown bagging
Councilwoman Purcell: Like Mayor Luken said, this is a very conservative ordinance. One of the strictest ordinances you will find. This will not hurt, but enhance downtown.
Councilman Walsh: One thing we are addressing that wasn’t mentioned is adult entertainment. Churches were not considered with State, they are now with our ordinance. We have revised this again. No matter how much we do there will be some against it. Give it a chance. People have said we are influencing our beliefs on others. Give it a chance. We don’t want to talk about money, but it is about money. This is an economic issue, not a moral issue. Give it a chance, if it were to pass.
Mayor Luken: No sells of any kind on Sunday and it is required the restaurant/business must be at least 150 foot buffer from schools or churches (front door to front door).
Councilman Walter: If outdoor seating is allowed, we should state the size and require the area to be separated from public via landscaping, potted plants, etc. to protect those not particularly in agreement.
Councilman Link: I disagree with Councilman Walsh. It is a moral issue for some people. I am not against having restaurants. I deal with what happens in Clarke County working with the fire department. Don’t see where we will have that much more revenue coming in from beer and wine.
Councilman Brodrick: If this passes, it is not about helping any individual group or organization or any restaurant. This is about the economics of Watkinsville. It is very important the zoning ordinances are up to par. In regards to the reports about the county following the city, there are different people in the county than live in the city. If the county considers alcohol, hopefully they will consider land use, as we have, to avoid the type sprawl and low cost development as neighboring counties. I don’t want us to be the reason the county approves the same. If controlled correctly this is right for Watkinsville. The county could be different situation.
Chief Lee O’Dillon: Boils down to everybody wants what is best for Watkinsville. We can’t accuse Council of being lazy. Two members came forward to introduce the ordinance and that took a lot of courage. One member has been against it from the beginning, and I have the utmost respect for their opinion and person who has not wavered from the get go. This has been open to a lot of public comment. It is easy to bury our heads in the sand. Drinking is going on anyway. This ordinance is about helping the businesses and regulating beer and wine. There will be less drinking with this ordinance in place. This ordinance is not about increasing traffic or crime. This is not about increasing the size of the police department or city government. This will allow our restaurants and businesses to compete on a fair and level playing field.
Peggy Holcomb: I owned a business for 14 ½ years inside the city limits of Watkinsville and am currently the executive director of the Oconee County Cultural Arts Foundation. I wish I lived here. No comment one way or the other regarding the ordinance. I have talked with all the Council about the issue. How proud you must be of your self and the City of you. I know it has been a long hard process. A lot would have wanted to put it out to vote, which would cost the City a lot of money. Thanks for doing what is best. I have never seen a team work together so well. Thank you.
Viola Rudowske: Do appreciate what you have done, even though I don’t agree. After reading The Oconee Enterprise where Melvin Davis quoted as saying if the city approves, the county will be forced to consider, causes me to be stronger in opposition than before. The county has a strong DARE Program and now we will be selling some of those drugs. If food is good, people will come. Smoking is prohibited, drinking should be prohibited also. If awake, all people who drink become aggressive/abusive. After a number of drinks, when and how is it decided they have had enough? If this passes, all who vote except Councilman Link will have to take some responsibility for the acts of violence.
Jerry Studdard: I appreciate the changes made to the ordinance; however, it would be better to change the required revenue of $150,000 to be increased to $200,000. It is unlawful for any person to bring alcoholic beverages into or onto premises. It is very difficult to control. Serving on the outside of businesses benefits Town Center. Outside seating could take away from some of the businesses (ice cream shop). Could force merchants (with kids) to go elsewhere. The front door to front door, we need to make sure this is clear – some say direct route. I am pleased with the change requiring food with beer/wine. This will help. In section 7:6, feel the legal age for the manager should be 25 years of age. Has parking been addressed? The required seating is 50 – is that inside and outside? I appreciate you all making it as conservative as you have. What you are doing now goes further than current restaurant owners. Beer is a problem, not just hard liquor.
Jimmy Edwards: Thank you for the opportunity to address Council. I live at 2740 Barnett Shoals Road. Councilman Walsh said last week Council makes many decisions. I don’t think you have made one this controversial. I don’t think Council has been split. The former city attorney resigned and opposed. Chief of Police thinks this is good. We all have opinions. Unfortunately both sides can’t be right. How do you make that decision? Do you base it on ones self, others or facts and figures. Me, real simple, this is a moral issue. I look in the Bible to find the answers. You may accept it or not. I would look second at how it is working in other cities. There was a real interesting article in The Oconee Enterprise “Madison deals with underage beer sales”. Reitman represents Madison. This bothers me. Madison has an ordinance that is not working. Madison has six people that sold beer to minors. The punishment was 1000 each and license suspended for one week – week of Labor Day. These places are still selling alcohol. I think you are bringing a problem here that will be bigger than you believe. What happened to the kids they sold to? Did they become addicted, get caught for DUI or have an accident? I do agree in a way with the Chief. If you can’t totally control it, do have an ordinance to regulate it. The fact is the ordinance is not regulated. People in Oconee County have been given three opportunities to pass this and three times, the vote was no. The option to consider has always been here. Predecessors chose not to take the responsibility that you will have to face. Watkinsville has a lot of good things going on. I think you are going in the wrong direction.
Marc Lowe: Resident of Morgan County, Pastor of Watkinsville Memorial Baptist Church. You have really made an effort and this is a very conservative ordinance. One concern is we haven’t heard enough from churches. You have your meetings on Wednesday nights, which is church night, thought that was interesting. My main concern, one out of every 10 people that touch alcohol to their lips becomes an alcoholic. This is a moral issue. If one person sees me drink, they may become an alcoholic. How soon until the city’s income comes from DUI’s?
If this passes, be prepared for a hike in traffic accidents, accidental shootings, domestic violence including children, fist fights, warrants for people not showing up for court. Solomon said in 750 B.C. wine is a mockery, a strong drink is a brawler, he who is deceived by them are not wise.We are a democratic republic. You are going to do what you think is best. I may not pay taxes and vote in this county, but my parishioners do.
Mayor Luken: This is the City of Watkinsville. We allow anyone who wants to speak to do so. Our City Charter sets our regular council meetings as the 2nd Wednesday of each month. The citizens of Watkinsville only account for 22% of revenue. We don’t want or hurt for funds. Personally I would not endorse if money was the reason for it. I have seen too many cities and towns with shuttered doors. Please know we do listen and will continue to listen. We have opened up for comments four different times for people to speak on this issue.
ATTORNEY REITMAN: I do have a few comments from Mr. Studdard that may be worth consideration before a vote.
§ Regarding 200,000 in total sells – previously was 100,000, and that was changed to $150,000. A number of communities are at $100,000. $150,000 makes sense. If you wish we can go to $200,000.
§ Regarding brown bagging language, it is unlawful for any person to permit a person to bring in alcoholic beverages. The burden is placed on restaurant owners. One suggestion is to rephrase to say it is unlawful for anyone to bring alcoholic beverages in to encourage incorporation of that, which will place the burden on all parties.
§ Regarding the outdoor seating areas, which gets into the definition of premises, Councilman Walter’s request to insert limitations or buffer with plants, etc, have no specific recommendation; however, certainly viable suggestions. Example if the restaurant/business is 1000 sq. ft. inside, the outside seating area could be restricted to 200 feet or 500 feet. This is an arbitrary number, but a starting point for discussion.
§ Regarding front door to front door, we need to be careful how this is determined. The State law applies more to package in regard to location to colleges, schools, churches, housing establishments and also rehabilitation centers. Distances should be measured by the most direct travel on ground. If an obstacle is met, go around it. No room for contrary arbitration on that. I am open for suggestions on how to tighten that up.
§ Regarding the age of the manager, it is a good suggestion for the manager to be 25+ years of age.
Councilman Brodrick: Are there any specific penalties set if someone violates the ordinance?
City Attorney Reitman: This is a two part process. The person that sold the beer/wine is charged with criminal charges and the managers also face consequences. The protocol is $1000 fine; however, what are the consequences of subsequent violations? We are looking at parameters (1st offense, 2nd offense, etc.) State law is abundantly clear on selling to minors.
Councilman Walter: Would you recommend something set in place by Council for administration penalties?
City Attorney Reitman: Yes, I would recommend parameters be set prior to January 1, 2007.
Mayor Luken: Do we want to vote on the ordinances separately or on both? Suggest an effective date of January 1, 2007. This will allow us to thrash out any other administration suggestions.
Councilwoman Purcell: Prudent to separate. We have worked primarily in the work session on the pouring portion. I agree for start date of January 1, 2007.
After further discussion: Councilwoman Purcell moved and Councilman Walsh seconded the motion to approve the restaurant pouring portion of the beer and wine ordinance effective January 1, 2007 contingent upon addressing punitive penalties at the September 13, 2006 Council meeting (7:00 p.m.) with the following changes: managers must be at least 25 years of age and add the word indoor into the definition of restaurant.
Councilman Walter: As far as outdoor seating, if we address this in zoning will that be in effect January 1, 2007?
Mayor Luken: Yes, the zoning will go into effect January 1, which is why I suggested not proceeding with the beer and wine ordinance until then.
NEW BUSINESS: (1) Possibly consider new storm water engineer: Mayor Luken asks for action regarding the new storm water engineer to be pulled off for committee review. No action taken.
(2) Consider moratorium on construction in downtown Watkinsville and consider expansion of the downtown area: See attached – Jim Shearon’s letter. Mayor Luken reads Jim Shearon’s letter requesting a moratorium on any construction inside the city limits of Watkinsville.
Councilman Brodrick: Now that we have passed this new law, restaurant pouring license, we don’t want to have a gold rush of businesses. We want to make sure we don’t mess up running from third base to home. I applaud Jim for what he did getting these signatures. The question is the moratorium is very broad and it is hard to define literally.
Mayor Luken: Asks Jim Shearon for his synopsis.
Jim Shearon: Over the past many months several items in the historic district have been removed. Property owners in the City of Watkinsville are mainly interested in bringing this to the table to offer suggestions. We did not intend for this to be a petition. Our intent wasn’t to limit, but protect.
City Attorney Reitman: Councilman Brodrick asked a question regarding a broad moratorium. I feel it is important not to single out a single zoning – best to have a broad based moratorium to avoid discriminatory concerns. You may restrict development for a couple of months to have all on a new and level playing field.
After further discussion, Councilman Brodrick moved and Councilman Walter seconded the motion to approve the resolution as outlined exempting approved projects and exempting any existing homes to allow remodeling and/or additions. Motion carried unanimously.
ADJOURN: Councilwoman Purcell moved and Councilman Link seconded the motion to adjourn the August 9, 2006 Council meeting at 9:05 p.m. Motion carried unanimously.
RESPECTFULLY SUBMITTED,
JULIE A. SANDERS
CITY CLERK
OF MAYOR AND COUNCIL
CITY OF WATKINSVILLE
August 9, 2006
PRESENT: Mayor Luken, Council members Link, Purcell, Brodrick, Walsh, Walter and City Attorney Reitman.
VISITORS: See attached sheet.
QUORUM CHECK: Mayor Luken acknowledges a quorum is present. Mayor Luken also asks those with non-emergency cell phones to turn them off or down. All speakers are asked to approach the lectern and address Council.
WATKINSVILLE BEAUTIFUL YARD AWARD: Councilwoman Samantha Purcell announced Doris & Gene Thornton of 11 Bunny Hop Trail as receiving the Watkinsville Beautiful Yard Award for the month of August. The selection was made by Jittery Joes. The Thorntons were not present.
MINUTES: Councilwoman Purcell moved and Councilman Brodrick seconded the motion to approve the minutes of the June 26, 2006 Called Council meeting as presented. Motion carried unanimously.
Councilman Walsh moved and Councilwoman Purcell seconded the motion to approve the minutes of the July 12, 2006 Council meeting as presented. Motion carried unanimously.
Councilman Brodrick moved and Councilman Link seconded the motion to approve the minutes of the July 24, 2006 Called Council meeting as presented. Motion carried unanimously.
Councilman Walter moved and Councilwoman Purcell seconded the motion to approve the minutes of the July 31, 2006 Called Council meeting. Motion carried unanimously.
JAIMEE DEAN: Councilwoman Purcell moved and Councilman Walter seconded the motion to approve a business license for Mary Lou’s Garden at 10C Barnett Shoals Road. Motion carried unanimously.
FLO WILKES: Councilman Walter moved and Councilman Brodrick seconded the motion to approve the demolition permit for the existing house at 1420 Greensboro Highway contingent upon EPD approval. Motion carried unanimously.
TED EVANS: Councilwoman Purcell moved and Councilman Brodrick seconded the motion to approve a building permit for a 55’ x 130’ steel building at 50 Greensboro Highway contingent upon Mr. Evans submitting a planting plan. Motion carried unanimously.
RECONCILIATION REPORT: Councilwoman Purcell moved and Councilman Walter seconded the motion to approve the June 30, 2006 Reconciliation Report as presented. Motion carried unanimously.
MAYOR’S REPORT: See attached report. Mayor Luken adds that Harris Shoals Park clean up has been scheduled for Saturday, August 26, 2006. Mayor Luken asks for volunteers. Councilwoman Purcell and Councilman Walsh volunteer to help with the clean up.
Mayor Luken notes there is a letter with privileged information regarding possible litigation and suggests an ad hoc committee (Councilman Walter, Councilman Brodrick, Chief O’Dillon and Code Enforcer, Robert Hegge) to move forward on this.
Chief O’Dillon explains school has began, streetscape and the traffic signal installations are in progress. Chief asks for people to cooperate by slowing down. Mayor Luken adds that the Watkinsville Police Department does an excellent job controlling Watkinsville. We are not in this one for revenue. A small town requires three things continually: pedestrian friendly, parking and cleanliness. We work on that day in and day out. Thanks to Chief O’Dillon.
CITIZEN’S COMMENTS: Quinton Phillips asks for a left turn light at Barnett Shoals Road. Mayor Luken explains we are working on that.
OLD BUSINESS: (1) Bicentennial Reports: Mayor Luken explains Maridee Williams is taking care of the Bicentennial Birthday.
Councilman Walter explains the bicentennial banners will be going up. Jerry and the Watkinsville Street Department workers have started this process. Councilman Walter appreciates the hard work of the street department.
(2) Consider Beer & Wine Ordinance: Mayor Luken explains City Attorney Reitman has been working very diligently on the ordinance. For those staying in touch regularly, we appreciate it as long as you are courteous and trying to help. We have separated the ordinance into two parts: (1) restaurants and (2) retail package. We can entertain both at the same time or individually. If all or part of the ordinance is passed, ask that it not go into effect until January 1, 2007, to ensure no more bugs and make sure Watkinsville doesn’t change. Items Council has responded to:
§ Identified and eliminated lounges and private clubs
§ Required purchase of food/meal to go with beer and wine.
§ Beer & wine sells end at 10:30 p.m.
§ Restaurants close at 11:00 p.m.
§ Eliminates brown bagging
Councilwoman Purcell: Like Mayor Luken said, this is a very conservative ordinance. One of the strictest ordinances you will find. This will not hurt, but enhance downtown.
Councilman Walsh: One thing we are addressing that wasn’t mentioned is adult entertainment. Churches were not considered with State, they are now with our ordinance. We have revised this again. No matter how much we do there will be some against it. Give it a chance. People have said we are influencing our beliefs on others. Give it a chance. We don’t want to talk about money, but it is about money. This is an economic issue, not a moral issue. Give it a chance, if it were to pass.
Mayor Luken: No sells of any kind on Sunday and it is required the restaurant/business must be at least 150 foot buffer from schools or churches (front door to front door).
Councilman Walter: If outdoor seating is allowed, we should state the size and require the area to be separated from public via landscaping, potted plants, etc. to protect those not particularly in agreement.
Councilman Link: I disagree with Councilman Walsh. It is a moral issue for some people. I am not against having restaurants. I deal with what happens in Clarke County working with the fire department. Don’t see where we will have that much more revenue coming in from beer and wine.
Councilman Brodrick: If this passes, it is not about helping any individual group or organization or any restaurant. This is about the economics of Watkinsville. It is very important the zoning ordinances are up to par. In regards to the reports about the county following the city, there are different people in the county than live in the city. If the county considers alcohol, hopefully they will consider land use, as we have, to avoid the type sprawl and low cost development as neighboring counties. I don’t want us to be the reason the county approves the same. If controlled correctly this is right for Watkinsville. The county could be different situation.
Chief Lee O’Dillon: Boils down to everybody wants what is best for Watkinsville. We can’t accuse Council of being lazy. Two members came forward to introduce the ordinance and that took a lot of courage. One member has been against it from the beginning, and I have the utmost respect for their opinion and person who has not wavered from the get go. This has been open to a lot of public comment. It is easy to bury our heads in the sand. Drinking is going on anyway. This ordinance is about helping the businesses and regulating beer and wine. There will be less drinking with this ordinance in place. This ordinance is not about increasing traffic or crime. This is not about increasing the size of the police department or city government. This will allow our restaurants and businesses to compete on a fair and level playing field.
Peggy Holcomb: I owned a business for 14 ½ years inside the city limits of Watkinsville and am currently the executive director of the Oconee County Cultural Arts Foundation. I wish I lived here. No comment one way or the other regarding the ordinance. I have talked with all the Council about the issue. How proud you must be of your self and the City of you. I know it has been a long hard process. A lot would have wanted to put it out to vote, which would cost the City a lot of money. Thanks for doing what is best. I have never seen a team work together so well. Thank you.
Viola Rudowske: Do appreciate what you have done, even though I don’t agree. After reading The Oconee Enterprise where Melvin Davis quoted as saying if the city approves, the county will be forced to consider, causes me to be stronger in opposition than before. The county has a strong DARE Program and now we will be selling some of those drugs. If food is good, people will come. Smoking is prohibited, drinking should be prohibited also. If awake, all people who drink become aggressive/abusive. After a number of drinks, when and how is it decided they have had enough? If this passes, all who vote except Councilman Link will have to take some responsibility for the acts of violence.
Jerry Studdard: I appreciate the changes made to the ordinance; however, it would be better to change the required revenue of $150,000 to be increased to $200,000. It is unlawful for any person to bring alcoholic beverages into or onto premises. It is very difficult to control. Serving on the outside of businesses benefits Town Center. Outside seating could take away from some of the businesses (ice cream shop). Could force merchants (with kids) to go elsewhere. The front door to front door, we need to make sure this is clear – some say direct route. I am pleased with the change requiring food with beer/wine. This will help. In section 7:6, feel the legal age for the manager should be 25 years of age. Has parking been addressed? The required seating is 50 – is that inside and outside? I appreciate you all making it as conservative as you have. What you are doing now goes further than current restaurant owners. Beer is a problem, not just hard liquor.
Jimmy Edwards: Thank you for the opportunity to address Council. I live at 2740 Barnett Shoals Road. Councilman Walsh said last week Council makes many decisions. I don’t think you have made one this controversial. I don’t think Council has been split. The former city attorney resigned and opposed. Chief of Police thinks this is good. We all have opinions. Unfortunately both sides can’t be right. How do you make that decision? Do you base it on ones self, others or facts and figures. Me, real simple, this is a moral issue. I look in the Bible to find the answers. You may accept it or not. I would look second at how it is working in other cities. There was a real interesting article in The Oconee Enterprise “Madison deals with underage beer sales”. Reitman represents Madison. This bothers me. Madison has an ordinance that is not working. Madison has six people that sold beer to minors. The punishment was 1000 each and license suspended for one week – week of Labor Day. These places are still selling alcohol. I think you are bringing a problem here that will be bigger than you believe. What happened to the kids they sold to? Did they become addicted, get caught for DUI or have an accident? I do agree in a way with the Chief. If you can’t totally control it, do have an ordinance to regulate it. The fact is the ordinance is not regulated. People in Oconee County have been given three opportunities to pass this and three times, the vote was no. The option to consider has always been here. Predecessors chose not to take the responsibility that you will have to face. Watkinsville has a lot of good things going on. I think you are going in the wrong direction.
Marc Lowe: Resident of Morgan County, Pastor of Watkinsville Memorial Baptist Church. You have really made an effort and this is a very conservative ordinance. One concern is we haven’t heard enough from churches. You have your meetings on Wednesday nights, which is church night, thought that was interesting. My main concern, one out of every 10 people that touch alcohol to their lips becomes an alcoholic. This is a moral issue. If one person sees me drink, they may become an alcoholic. How soon until the city’s income comes from DUI’s?
If this passes, be prepared for a hike in traffic accidents, accidental shootings, domestic violence including children, fist fights, warrants for people not showing up for court. Solomon said in 750 B.C. wine is a mockery, a strong drink is a brawler, he who is deceived by them are not wise.We are a democratic republic. You are going to do what you think is best. I may not pay taxes and vote in this county, but my parishioners do.
Mayor Luken: This is the City of Watkinsville. We allow anyone who wants to speak to do so. Our City Charter sets our regular council meetings as the 2nd Wednesday of each month. The citizens of Watkinsville only account for 22% of revenue. We don’t want or hurt for funds. Personally I would not endorse if money was the reason for it. I have seen too many cities and towns with shuttered doors. Please know we do listen and will continue to listen. We have opened up for comments four different times for people to speak on this issue.
ATTORNEY REITMAN: I do have a few comments from Mr. Studdard that may be worth consideration before a vote.
§ Regarding 200,000 in total sells – previously was 100,000, and that was changed to $150,000. A number of communities are at $100,000. $150,000 makes sense. If you wish we can go to $200,000.
§ Regarding brown bagging language, it is unlawful for any person to permit a person to bring in alcoholic beverages. The burden is placed on restaurant owners. One suggestion is to rephrase to say it is unlawful for anyone to bring alcoholic beverages in to encourage incorporation of that, which will place the burden on all parties.
§ Regarding the outdoor seating areas, which gets into the definition of premises, Councilman Walter’s request to insert limitations or buffer with plants, etc, have no specific recommendation; however, certainly viable suggestions. Example if the restaurant/business is 1000 sq. ft. inside, the outside seating area could be restricted to 200 feet or 500 feet. This is an arbitrary number, but a starting point for discussion.
§ Regarding front door to front door, we need to be careful how this is determined. The State law applies more to package in regard to location to colleges, schools, churches, housing establishments and also rehabilitation centers. Distances should be measured by the most direct travel on ground. If an obstacle is met, go around it. No room for contrary arbitration on that. I am open for suggestions on how to tighten that up.
§ Regarding the age of the manager, it is a good suggestion for the manager to be 25+ years of age.
Councilman Brodrick: Are there any specific penalties set if someone violates the ordinance?
City Attorney Reitman: This is a two part process. The person that sold the beer/wine is charged with criminal charges and the managers also face consequences. The protocol is $1000 fine; however, what are the consequences of subsequent violations? We are looking at parameters (1st offense, 2nd offense, etc.) State law is abundantly clear on selling to minors.
Councilman Walter: Would you recommend something set in place by Council for administration penalties?
City Attorney Reitman: Yes, I would recommend parameters be set prior to January 1, 2007.
Mayor Luken: Do we want to vote on the ordinances separately or on both? Suggest an effective date of January 1, 2007. This will allow us to thrash out any other administration suggestions.
Councilwoman Purcell: Prudent to separate. We have worked primarily in the work session on the pouring portion. I agree for start date of January 1, 2007.
After further discussion: Councilwoman Purcell moved and Councilman Walsh seconded the motion to approve the restaurant pouring portion of the beer and wine ordinance effective January 1, 2007 contingent upon addressing punitive penalties at the September 13, 2006 Council meeting (7:00 p.m.) with the following changes: managers must be at least 25 years of age and add the word indoor into the definition of restaurant.
Councilman Walter: As far as outdoor seating, if we address this in zoning will that be in effect January 1, 2007?
Mayor Luken: Yes, the zoning will go into effect January 1, which is why I suggested not proceeding with the beer and wine ordinance until then.
NEW BUSINESS: (1) Possibly consider new storm water engineer: Mayor Luken asks for action regarding the new storm water engineer to be pulled off for committee review. No action taken.
(2) Consider moratorium on construction in downtown Watkinsville and consider expansion of the downtown area: See attached – Jim Shearon’s letter. Mayor Luken reads Jim Shearon’s letter requesting a moratorium on any construction inside the city limits of Watkinsville.
Councilman Brodrick: Now that we have passed this new law, restaurant pouring license, we don’t want to have a gold rush of businesses. We want to make sure we don’t mess up running from third base to home. I applaud Jim for what he did getting these signatures. The question is the moratorium is very broad and it is hard to define literally.
Mayor Luken: Asks Jim Shearon for his synopsis.
Jim Shearon: Over the past many months several items in the historic district have been removed. Property owners in the City of Watkinsville are mainly interested in bringing this to the table to offer suggestions. We did not intend for this to be a petition. Our intent wasn’t to limit, but protect.
City Attorney Reitman: Councilman Brodrick asked a question regarding a broad moratorium. I feel it is important not to single out a single zoning – best to have a broad based moratorium to avoid discriminatory concerns. You may restrict development for a couple of months to have all on a new and level playing field.
After further discussion, Councilman Brodrick moved and Councilman Walter seconded the motion to approve the resolution as outlined exempting approved projects and exempting any existing homes to allow remodeling and/or additions. Motion carried unanimously.
ADJOURN: Councilwoman Purcell moved and Councilman Link seconded the motion to adjourn the August 9, 2006 Council meeting at 9:05 p.m. Motion carried unanimously.
RESPECTFULLY SUBMITTED,
JULIE A. SANDERS
CITY CLERK
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