1985-05-23 Continuation3735
Continuation of the Regular Meeting of May 21, 1985.
Thursday, May 23, 1985
MEETING CONVENED
Mayor Chapman convened the Council meeting at 2:00 P.M. with the
following Councilmembers present:
Oakland R. Chapman, Chairman/Mayor
Andy Rubin, Vice -Chairman, Vice -Mayor
Oscar Thomas, Councilman
Edward W. Douglas, Councilman
Nick Collins, Councilman
Others present were:
Bonnie S. Thomas, City Clerk
i L.C. Fortner, Jr., Administrative Assistant
Jerry Bryant, City Attorney
Lydia J. Wilkerson, Deputy Clerk
_y Mayor Chapman stated the purpose of the continuation of the Regular
Meeting of May 21st, 1985 was to decide whether the occupational license
of the package store, known as A and M Liquors, was in compliance with
the City ordinances. The Council members requested additional time to
research and measure the shortest route of pedestrian travel, and the
possibility of whether or not the day care center, known as Winnie The
i
Pooh, is considered as a school.
Attorney
y Cassels gave a summary of his analysis of the last
meeting.
Mayor Chapman asked Director Fortner, "What was the measurement
from the package store to the south that you know from the first time
that it was surveyed back to the sidewalk and then west down the
sidewalk instead of going to where the steps are, I'm going by this, it
says the shortest route. Director Fortner answered," We
measured from the south door of the package store, there's two front
doors there, we measured from the south door down Third Avenue to Fourth
Street down the north side of Fourth Street to the intersection of
~- Fourth Avenue and Fourth Street we measured diagonally angleing across
the intersection on the northeast side of the intersection to the
southwest side of the intersection then up the east sidewalk on through
the property into the threshold of the church, that distance was
641.14."
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3736
Mayor Chapman, "What was the measurement?" II
Director Fortner, "641.4",
Mayor Chapman suggested that they look at the map and councilmen
discussed measurements and routes and referred to the map.
Director Fortner, "We measured it three different directions and
determined that the yellow line on the map, was the shortest, if you
come across the intersection this way."
Council members and attorneys discussed the map showing several
possible routes of pedestrian travel.
Mayor Chapman gave Clerk Thomas a copy of the survey on the
different routes of normal pedestrian travel to be entered into the
record. Clerk Thomas accepted the survey for the record.
Attorney Bryant noted several different cases, wherein child
care centers, nursery schools, etc. was considered to be schools.
Therefore, he felt that the child care center, known as Winnie The Pooh,
should be considered a school.
Attorney Bryant went on to explain what he felt the intention of
the ordinance meant when it said there would be no place of business
authorized to sell alcoholic beverages within 700 feet of any
established church or school. He. felt the intention of the ordinance
concerning schools was to make sure that this type of activity and the
children in schools do not come within proximity of each other.
Attorney Bryant stated the meeting was recessed in order for the
Council to gather futher information concerning whether the occupational
license was issued in accordance with the City's ordinances. The
Council could now use the information gathered to make their decision on
whether the occupational license, issued to Alan O'Such, A and M
Liquors, complied with the City's ordinances.
Mayor Chapman asked if there was any further comments to be made
by the Council.
Councilman Collins stated there were two different routes of
normal pedestrian travel made and both are under 700 feet.
Councilman Thomas agreed that the distance should be taken from
the shortest normal route of pedestrian travel.
Councilman Douglas stated he felt the City should stay with the
ordinance with what it said.
Councilman Rubin stated that he still felt the same way about
3737
the situation.
Attorney Cassels requested the Council look back on the
situation in November when Mr. O'Such was issued the occupational
license. The ordinance needs to have work done on it but should it be at
the expense of these business owners who properly followed the
procedures of obtaining a license of the City at that time.
Mayor Chapman asked if anyone in the audience had any further
comments to make. There were none.
Mayor Chapman stated that a motion was needed to either deny the
occupational license or leave it approved as is.
Councilman Collins stated, "After listening to our Attorney
determining schools, and taking three different measurements of the
shortest pedestrian travel from the package store to the church and all
three are under the 700 foot distance, I make a motion that we revoke
this license."
Councilman Rubin stated, "I will second the motion if our
Attorney will say this is all that needs to be added to the motion."
Attorney Bryant, "I think you should include at least the
factual findings and if you are going to include anything regarding, the
nursery school being a school within the ordinance. Also state that the
distance is shorter from the nursery school than it is to the church.
Also state what you are doing to the license, and why you are doing it.
It you are revoking the license which I think is the proper terminology.
The reason for doing it as I gather is because it was issued in error
because the measurements that were presented for use in determining
whether or not all of the ordinances were complied with prior to the
issuance of the license, those measurements were not based on the
shortest route of normal pedestrian travel. If thats what your finding
it needs to be stated. The license was issued in error - then I would
submit that is a good cause to revoke it. I think you should also give
this gentlemen an opportunity to have the license re -issued upon
i
complying with all of the ordinances of the City."
Councilman Collins, "The license was issued in error according
to our City ordinances, and everything else the Attorney said."
} Councilman Rubin, "I'll second that."
Mayor Chapman asked for a vote on the motion.
Councilman Collins, "Aye".
3738
6.2,�-�5
Councilman Thomas, "Aye".
Councilman Douglas, "Aye".
Councilman Rubin, "Aye".
motion carried.
MEETING ADJOURNED
There being no further business to discuss the meeting was
adjourned at 2:40 P.M.
ATTEST;
MAYOR OAKLAND CHAPMAN