Norris City Council

Minutes

Monday February 28, 2011

 

BE IT REMEMBERED THAT THE CITY OF NORRIS CITY COUNCIL MET IN REGULAR SESSION ON FEBRUARY 28, 2011 WITH THE FOLLOWING COUNCIL MEMBERS PRESENT: JACK BLACK, LOY JOHNSON, TOMMY MARINER, CHRIS MITCHELL, AND JOY WILSON.  

 

Mayor Mitchell called the meeting or order at 7:00pm.

Mayor Mitchell presented an amended agenda as follows:

  • Ask if any Council Member wants be recused from the Package Store topic
  • Minutes February 14, 2011 City Council meeting
  • Ask if a council person who voted for the motion to amend sections 8-211 and 8-213 of Package Store Ordinance 524 on February 14, 2011 wants to make a motion to rescind the amendment.
  • Ask if anyone wants to make a motion to pass Ordinance 524 on second reading.
  • Hear the Public
  • Vote on any open motion
  • Old Business
    • Schedule for accepting Package Store Applications & Evaluations
    • Criteria for Package Store Applicants

 

The Mayor then asked if anyone wished to recuse themselves on the Package Store topic.  Ms. Johnson read a prepared statement (copy included with minutes) that she would not be recusing herself and would participate in the discussion and votes on the matter.

 

MINUTES.  Minutes of the February 14, 2011 City Council meeting were reviewed.

1) Motion made by Mr. Mariner to accept the minutes as written; Seconded by Mr. Black.  Motion passed unanimously.

The Mayor asked if a council person who voted for the motion to amend sections 8-211 and 8-213 of Package Store Ordinance 524 on February 14, 2011 would consider making a motion to rescind the amendment.  The Mayor explained that the City Manager had reviewed this with the help of MTAS, and that a motion to rescind would allow council to possibly consider adopting Ordinance 524 on Second Reading at the current meeting.   The Mayor also clarified that a motion to rescind would take the Ordinance back to the earlier version that allows only 1 package store.   Such a motion would still allow for amendments to be introduced to the Ordinance later in the meeting. 

Mr. Mariner stated that while it may have surprised some that he had seconded a motion at a previous meeting and then later voted against the motion, these actions were sometimes needed to move along the process.

2) Motion made by Mr. Black to rescind the amendment to sections 8-211 and 8-213 of Ordinance 524, changing the number of allowed package stores to 1 and removing the 250 feet setback from another package store.   Motion Seconded by Ms. Wilson.

Mr. Black stated that he was concerned with the possible future impact of wine sales in grocery stores, and now believed that 1 store may be a more viable option for Norris, but that perhaps a lower store square footage requirement should be considered as well.

Ms. Wilson stated that her decision to vote as she did at the last meeting was based in large part on citizen feedback, but now that feedback included requests to move the process forward as quickly as possible.

The Mayor then asked if there were any comments from the Public on the Motion to Rescind.   Mr. McEleney stated that council should be reminded that this session is not to decide if there should be a liquor store, but what the regulations for one should be.  Mr. Morehead said 2 drug stores in town didn't work out and we only have 1 gas station and 1 grocery store; why do we need more than 1 package store?

The Mayor then asked if council had any additional comments on the open Motion.   There were none.

2) Vote on motion to rescind the amendment to sections 8-211 and 8-213 of Ordinance 524, changing the number of allowed package stores to 1 and removing the 250 feet setback from another package store: Voting Aye: Mr. Black, Ms. Johnson, Mr. Mitchell, Ms. Wilson.  Voting No: Mr. Mariner.   Motion passes 4-1.

The Mayor then asked if any council member would like to propose an amendment to Ordinance 524.

Mr. Black stated that 1800 square feet might be too large for a package store if they were in competition with grocery stores for wine sales.  Mr. Hester recommended that the Ordinance should consider current local and state statutes, not necessarily what might change in the future.  Mr. Black then felt that no change would be needed at this time.

The Mayor then asked the audience to vote by a show of hands on 3 questions.    Questions and tallies are:             1) How many people believe there should be 1 store?                    30

                        2) How many people believe there should be 2 stores?       0

                        3) How many people believe there should be 3 or more stores?    1   

Discussion ensued on the benefits of 1 package store versus 2.

The Mayor asked council again if there were any Motions to Amend Ordinance 524.   There were none.

The Mayor asked if there was a Motion to adopt Ordinance 524 on Second Reading.

3) Motion made by Ms. Wilson to adopt Ordinance 524 on Second Reading.  Motion Seconded by Ms. Johnson.

The Mayor asked if there were any additional comments from council on the motion; there were none.  The Mayor asked if there were any additional comments from the audience; there were none.

3) Vote on Motion to adopt Ordinance 524 on Second Reading: Voting Aye: Mr. Black, Ms. Johnson, Mr. Mitchell, Ms. Wilson.  Voting No: Mr. Mariner.   Motion passes 4-1.

HEAR THE PUBLIC.  James Harshbarger stated that the Norris Little Theatre would be holding their spring fundraiser on Friday, March 4 at the Norris Religious Fellowship.   Tickets were still available and it was expected to be an entertaining evening of musical presentations.

  

OLD BUSINESS

Criteria for Package Store Applications.  Mr. Hester stated that the City of Norris would be awarding a Certificate of Compliance and the State would issue a license.   As such, council should consider the requirements as listed within the Ordinance, but that if council wanted additional information to be presented, such as a business plan, they could do so.

 

Discussion ensued on package store criteria and the evaluation process.   General agreement was that the Ordinance outlines the primary information required, and that any additional information that an applicant wished to include, such as a business plan, would be accepted.

 

4) Motion made by Mr. Mariner that Ordinance 524 be used to establish applicant criteria, and that an applicant could submit additional materials, such as a business plan, if desired.   Motion Seconded by Ms. Wilson.  Motion passed by unanimous voice vote.

 

Schedule For Accepting Applications.    Mr. Hester requested a minimum of 30-45 days to receive applications, and discussion ensued on the merits of too short of a timeline versus too long of a timeline.

 

5) Motion made by Mr. Mariner that Wednesday, April 20, 2011 at noon be the deadline for accepting applications; and that Council would meet at a Special Called Meeting on Monday, April 25, 2011 to review the qualified applicants.  Motion Seconded by Ms. Johnson.   Motion passed by unanimous voice vote.

 

 

NEW BUSINESS

Mr. Mitchell reminded council that he would not be able to attend the next regular council meeting scheduled for March 14, 2011, and requested that the meeting be changed to Monday, March 21, 2011 at 7:00pm.

 

6) Motion made by Mr. Mitchell to change the next regular meeting of City Council to Monday, March 21, 2011 at 7:00pm.   Motion Seconded by Ms. Johnson.   Motion passed by unanimous voice vote.

   

7)       Council Member Tommy Mariner moved to adjourn.  Seconded by Council Member Loy Johnson.  Motion carried by voice vote.  8:30pm.