City Commission Workshop Meeting

APPROVED: 8/20/2013 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis, FL 32727-0068 Meeting Minutes - Final* City Commission Workshop Thursday, July 18, 2013 7:00PM City Hall CALL TO ORDER: Mayor Muenzmay - 8:09 p.m. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 5 - Linda Bob; Albert Eckian; Michael Holland; Karen LeHeup-Smith; and Kress Muenzmay I. Workshop Item 13169 Proposed Downtown Waterfront Entertainment District Paul Berg, City Manager, stated the suggestion for creation of an entertainment district came up previously and arose again when the Eustis Main Street organization was decommissioned. He said the purpose of the workshop was to determine if there is any interest by the Commission in pursuing an entertainment district. Richard Hoon, Assistant to the City Manager for Community Relations, explained the district would not provide one business an advantage over another nor one area of town an advantage over another but would provide a level playing field for Eustis merchants with other area cities that have enacted similar legislation. He clarified that there would be no additional insurance requirements for the City. He stated that one of the cons was the possibility of attracting night clubs or bars to the area; however, the cost of a license for a nightclub is very expensive and would probably preclude that. He commented on differences between the current proposal and previous discussions for a district and concerns that arose previously regarding noise. He stated that the currently proposed days and hours are Thursday, Friday and Saturday only with a midnight ending time. He then reviewed the proposal as follows: 1) boundaries of the district; 2) any entertainment district must have a navigable waterway; 3) waiver of special event fees to make it easier to bring entertainment to the bandshell; 4) possible waiver of some in kind service fees; 5) music and entertainment would be permitted outdoors until midnight Thursday through Saturday; 6) encouragement of games and sporting events; and 7) outdoor alcohol consumption would be permitted until midnight on the allowed days. II. Commission Discussion The Commission questioned allowing alcohol to be served at 7:00a.m. with Mr. Hoon explaining that is already allowed under the City's current ordinances. The Commission discussed the hours alcohol is allowed to be served on Sunday with Police Chief Fred Cobb commenting on the outside consumption of alcohol and stating the hours that are allowed could be changed. The Commission discussed changing the hours to begin at 10:00 a.m. The Commission discussed being able to modify the requirements at any time or repeal it with Mr. Hoon confirming that changes would not have to be approved by any outside agency. Mr. Hoon commented that the only local city with experience with an entertainment district is Tavares and they have not had any problems nor have they experienced an influx of bars. City of Eustis, Florida Page 1 Printed on 712912013 City Commission Workshop Meeting Minutes - Final July 18, 2013 The Commission discussed ending the hours earlier, the nightclub atmosphere previously created by a former establishment, possible on street entertainment, the possible need to adjust the lighting in Fe"an Park, opposition to outdoor alcohol consumption and the possible cost to the City for law enforcement, trash pickup and other services. Comments were made regarding public opinions expressed to the Commissioners in opposition to the district. It was noted that people in Tavares are not out on the street with alcohol but are in the restaurants. Concern was expressed regarding underage people going to the downtown and either bringing their own alcohol or getting others to purchase it for them and the situation that once a customer leaves a restaurant with alcohol they become the City's problem rather than the restaurant's. It was noted that similar allowances are already made for First Friday events and that there have not been a lot of problems and that the district is a tool that could be used but could also be done away with fairly easily. III. Public Input Kevin Jenness, Peddlers Wagon- 25 E. Magnolia, suggested setting the hours at 10 a.m. to 10 or 11 p.m. He agreed with restricting the days to either Wednesday or Thursday through Saturday. He noted that most of the restaurants stop serving at 9 p.m. He recommended using piped-in music on the streets which could help set the tone for who attends and the type of behavior. IV. Commission Direction The Commission further discussed the First Friday events noting the number of police officers present, including K-9, as well as the presence of Commissioners, City Manager, Police Chief and other City staff, resulting in a very controlled environment. It was suggested that the beer and wine booth be eliminated and only the restaurants allowed to sell alcohol. The Commission discussed the following issues: 1) whether or not it would be once per month or every week; 2) allowing just for special events rather than routinely; 3) the need for the area to be patrolled due to the people becoming the City's customers; and 4) the amount of increased liability to the City. Derek Schroth, City Attorney, responded that, if the establishment sold alcohol to an individual over the limit the owner of the establishment would be liable; however, the City might see an increase in injuries from intoxicated individuals falling on City property. He indicated the City's primary liability would be if there was a claim of lack of maintenance resulting in injury. Mr. Hoon confirmed that no additional insurance coverage would be required. The Commission discussed issues with alcohol consumption by underage people with Mr. Hoon noting that the City is already seeing beer bottles in the outside trash receptacles so the alcohol is already being brought in from the outside. Mr. Hoon reported on his recent attendance in Tavares noting that he has only seen a few people on the street with alcohol and no police presence. He cited the downtown merchants that are interested in the district. The Commission asked Police Chief Cobb for his comments. Chief Cobb noted there is law enforcement presence at the First Friday events, which is basically an entertainment district every First Friday. He commented on issues with a former bar downtown that was not allowed to sell beer in front of their establishment and they felt the beer tent was unfair competition. He stated the City has to rely on the restaurants to manage their outside tables to make sure customers don't walk off with their drinks. He noted the department already has to spend a lot of time patrolling the parks to deter vandalism. He stated it is ultimately the Commission's decision. City of Eustis, Florida Page2 Printed on 712912013 City Commission Workshop Meeting Minutes - Final July 18, 2013 John Futch, Utilities Director, expressed support for the district while informing the Commission that his crew already has to come in the Saturday after all of the events for cleanup. He stated they would probably have to come in to clean up every weekend so there will be a cost. The Commission cited the number of events already held in the City and asked if there are a number of organizations that would like to have events with alcohol. Mr. Hoon responded there are a few citing the Lake Eustis Museum of Art and the Downtown Business Alliance. The Commission asked staff to research the cost of piped-in music and to consider allowing the concept just for events but not every week. Mr. Hoon stated that the City could allow the alcohol portion only upon request for City-sponsored events. The Commission discussed the following: 1) administrative difficulties; 2) allowing with limited hours of operation; 3) approving with the possibility of re-addressing if issues arise; and 4) the possibility of problems with increased underage drinking. Mr. Hoon noted there would be very few people on the street once the restaurants close for the evening. CONSENSUS: It was a consensus of the Commission for the district to be brought back with hours of operation restricted to 10 a.m. to 10 p.m. Mr. Hoon asked if the Commission wanted to address later hours for those special events that close later than 10 p.m. with Mr. Berg noting that those are authorized as a special event and could be addressed separately. The Commission asked if the July 5th First Friday was easier to supervise with everything located in the park. Chief Cobb responded affirmatively stating it is easier to have the events in a defined area. V. Adjournment - 9:05 p.m. - -4j"-AR-{i+'~" '"'.'=fo--$=-~. ·-- "- ' City Clerk .....::.~ - ~'--------~~ENZMA Mayor/Commissioner Y *These minutes reflect the actions taken and portions of the discussion during the meeting. To review the entire discussion concerning any agenda item, go to www.eustls.org andchck on the video for the meeting in question. A DVD of the entire meeting or CD of the entire audio recording or verbatim transcript of the meetmg can be obtamed from the office of the City Clerk fo r a fee . City of Eustis, Florida Page3 Printed on 712912013