CITY OF ST. AUGUSTINE

Transcription

1 CITY OF ST. AUGUSTINE Regular City Commission Meeting Monday, The City Commission met in formal session Monday, at 5:00 P.M. in the Alcazar Room at City Hall. The meeting was called to order by Mayor Nancy Shaver, and the following were present: 1. Roll Call: Nancy Shaver, Mayor/City Commissioner Roxanne Horvath, Vice Mayor/City Commissioner Leanna S. A. Freeman, City Commissioner Nancy Sikes-Kline, City Commissioner Todd Neville, City Commissioner John Regan, City Manager Timothy A. Burchfield, Assistant City Manager Isabelle Lopez, City Attorney Alison Ratkovic, City Clerk David Birchim, Director, Planning and Building Jim Piggott, General Services Director Mark Litzinger, Comptroller Paul K. Williamson, Director, Public Affairs Dana Ste. Claire, Development Director, 450 th Commemoration Denise May, Assistant City Attorney Loran Lueders, Police Chief James Costeira, Fire Chief Martha Graham, Director, Public Works Darlene Galambos, Recording Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dr. David Weidner, Trinity Episcopal Church, delivered the invocation, and Commissioner Horvath led the Pledge of Allegiance. 2. ADMINISTRATIVE ITEMS 2.A/ Modification of Agenda Mr. Regan requested that item CA11 be pulled from the Consent Agenda for separate discussion and consideration. Commissioner Neville asked to also pull item CA 9. Commissioner Sikes-Kline MOVED to modify the agenda. The motion was SECONDED by Commissioner Horvath and APPROVED BY UNANIMOUS VOICE VOTE. 3./ Special Presentations, Proclamations, Recognitions: Archaeology Month

2 David Birchim announced that the City s Planning and Building Department Archaeology Division received national recognition from the White House through the Preserve America Stewards program. He stated that the program celebrated volunteers who dedicate their efforts to help preserve historic heritage. 4. General Public Comments (3 minutes per individual) Caren Goldman spoke in regards to events that took place honoring Compassionate City month during February. Thomas Day questioned the Mummy Cat production agreement. He felt that the City should receive royalties. Michael Gold expressed appreciation for the request to pull the agreement with Mummy Cat for separate consideration. He disagreed with the terms of the contract and felt that the video was the property of the City. Pat Reilly requested that the HARB and PZB procedures be reviewed. She recommended increasing the number of HARB members to seven, and allowing three members on each board to be residents of the City that were not engaged in professional businesses that could potentially create conflicts and did not possess the professional designation requirement outlined in the Code. John Regan advised that a similar request was made to the previous Commission and he would provide their position during a subsequent meeting, in addition to any possible recommendations. Mayor Shaver requested that the financial disclosure reporting requirements also be reviewed Farid Ashdji stated that his PUD application was recently denied, and he provided revised plans for a new hotel. He requested that the Commission waive the waiting period to reapply. Ms. Lopez advised that Mr. Ashdji could reapply with substantive changes to the original application; therefore, a waiting period waiver was unnecessary. Norman Nelson expressed his endorsement of the Schau family lion proposal. Tom Reynolds spoke in regards to the traffic congestion at the San Marco Avenue and May Street intersection. He felt that the intersection should have a law enforcement presence during peak periods. Roman Pytel discussed a proposed dog park in the Lighthouse neighborhood and traffic control recommendations. 1 Commissioner Sikes-Kline agreed with the proposed traffic control recommendations and asked that staff review the possibilities. Tom Dreisbach stated that commercial vehicles such as taxis and tour vehicles were using the Davis Shores neighborhood as a cut-through to avoid traffic, which should not be permitted. He spoke in support of Resolution and the proposed lion project. Ed Slavin agreed with the previous comments regarding the Mummy Cat agreement. He stated that the recent seismic testing protest was a success. He opposed Consent Agenda item 9. Blake Souder spoke in support of Resolution Brendon Schneck asked that a review of the sign regulations along Anastasia Boulevard be considered. He discussed a recent issue regarding a code violation related to the decorative wrap on his food 2 1 Maps attached to original minutes

3 truck business. He stated that he was required to cover the truck which resulted on the loss of business. Brian Berg outlined his concerns regarding the Lighthouse MUD application. He felt that the Lighthouse Museum was increasing their advertising and business operations which would cause increased traffic issues for the adjacent neighborhood. Laura Devlin supported the decorative wrap on the food truck. Kelly Hazouri presented photographs of the Big Island Bowl food truck. 2 She felt that the artwork on the truck was appropriate for the Anastasia Boulevard area. Commissioner Freeman stated that she was reviewing the issue regarding the food truck. She suggested allowing time to develop a method of addressing the matter and possibly developing a food truck ordinance. B. J. Kalaidi spoke in opposition of items 10.A and Resolution She questioned the total for dredging the San Sebastian River. Ron Rawls expressed appreciation for the Mummy Cat Production agreement being pulled for separate discussion. He supported allowing business owners being allowed to operate successfully while City ordinances were updated. He stated that decisions for the Lincolnville CRA should benefit the entire community. 5. Consent Agenda 5.A/ Additions, deletions or modifications to Consent Agenda. 5.B/ Approval of Consent Agenda. 2 Photographs attached to original minutes 3 Commissioner Horvath MOVED to approve the Consent Agenda as modified. The motion was SECONDED by Commissioner Sikes-Kline and APPROVED BY UNANIMOUS VOICE VOTE. Consent Agenda Item 9 Commissioner Neville asked how the value for the submerged land lease was determined. Ms. Lopez explained that the original submerged land lease was negotiated during the time the seawall rehabilitation project was being finalized. She stated that the City did not own the submerged lands where the Santa Maria was located; therefore, a 99 year permanent public easement was negotiated for construction or future repairs of the seawall. She said the only difference in the new lease was the language was modified to make it transferable if the property was sold. Commissioner Neville MOVED to approve the lease. The motion was SECONDED by Commissioner Sikes- Kline and APPROVE BY UNANIMOUS VOICE VOTE. Consent Agenda Item 11 Mr. Regan stated that Mummy Cat Productions was hired to produce a 15 minute video for the Journey exhibition, and the original contract was satisfied. He said during the process, the owners became inspired to create additional footage so the story could be told to a broader audience at their own financial risk. He said Mummy Cat began discussions regarding the new contract with the City during August He added that royalties were discussed during the contract negotiations; however, there were issues. He stated that the video would be provided to approximately 200

4 schools in the northeast region and would be shown on a number of networks across the nation. He said the agreement accomplished two main goals of the 450 th Commemoration, which was telling the story to a wider audience and providing educational materials. Mayor Shaver expressed concern with allowing someone to use the City property without royalties. She said the City reserved the intellectual property rights of the film with the original contract. Ms. Lopez explained that the video was subject to public records law; therefore, anyone could request a copy of the video and use it in any manner without the City s approval. She stated that the City could not use traditional private property rights against someone in terms of a public record. She added that the original contract required Mummy Cat to obtain permission from the City to use the film for other purposes. Commissioner Freeman stated that when the 450 th Commemoration planning began, the main purpose was to share the City s story. She felt that the film accomplished that goal because it would reach millions of viewers. Commissioner Sikes-Kline pointed out that the agreement was an after the fact request. Ms. Lopez stated that a draft contract was provided in August, in addition to several other exchanges between Mummy Cat and the City; however, she was unaware of the draft and communications. Commissioner Neville felt that the original intent of the first contract was satisfied. He said Mummy Cat notified the City in advance prior to marketing the film. Mayor Shaver felt that there should be an expectation for the City to receive a portion of the revenue from the film. Commissioner Horvath felt that the City would be receiving fair compensation by the film marketing and by it being provided to schools. Commissioner Freeman MOVED to approve item 11 of the Consent Agenda. The motion was seconded by Commissioner Neville and the WAS CARRIED 4/1 with Mayor Shaver dissenting Appeals. 7. General Public Presentations (10 minutes per presentation) 8. Ordinances and Resolutions Public Hearing Required. 8.A/ Ordinances First Reading 8.B/ Ordinances - Second Reading 8.B.1a/ Public Hearing Ordinance , amending the Comprehensive Plan, Future Land Use Map to reclassify a parcel of land containing approximately 4.6 acres and located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Recreation and Open Space to Residential Medium Density Mixed Use (with map notations). Item 8.B.1a and 8.B.1b were discussed concurrently. The Commission provided their ex parte communication. 4 3 Brief recess from 6:16 P.M. until 6:32 P.M.

5 Isabelle Lopez reviewed the procedures and review criteria. David Birchim presented Ordinances and Sid Ansbacher spoke on behalf of the Lighthouse Museum. He said the MUD zoning category was the closest category available in the City s Code that fit the current uses. He said the effort to restore the Lighthouse over the years was a community effort and the main goal was to maintain the historical nature of the property. Kathy Fleming expressed appreciation for the opportunity to work together with the Lighthouse neighborhood residents. She reviewed a brief presentation that reviewed the restoration history and proposed rezoning request. 4 She said that there were a number of deed restrictions that addressed the resident s concerns, which would be referenced in the map notations. She stated that the lot coverage would be limited to 20% with the maximum building footprint being 7,500 square feet. She noted that the reason for the footprint was in the event a natural disaster destroyed the visitor center and it had to be reconstructed without needing a Comprehensive Plan amendment. Ryan Carter presented aerial photographs of the Lighthouse Museum property depicting the tree canopy growth. He stated that a study was conducted to determine the age and quality of the vegetation growth. Ms. Fleming stated that the tree canopy was protected by cultural landscapes under the National Historic Preservation Act. Public hearing was opened 4 Attached to original minutes 5 The following individuals spoke in support of the Lighthouse Museum re-zoning proposal: Jane Mathis Margaret Van Ormer Tara Regan Jennifer Tesori Maury Keiser Theresa Lloyd Lorri Lassiter Irving Kass Greg McLeod Paul Weaver Tom Graham outlined a brief history of the Lighthouse Park neighborhood. Chris Fulmer spoke in support of preserving history. The following expressed concern regarding the re-zoning proposal: Ron Asner Edward Ruben Anderson Roman Pytel Trey Asner Nancy Lardner Dave Weiland Ed Slavin B. J. Kalaidi Dan Chitwood Public comment was closed. Ms. Fleming stated the purpose was not to increase visitation. She said the City required properties to be under a zoning category, and it was necessary in order to pull permits for repairs and restoration. She said the Lighthouse Museum was committed to the Historic Preservation Act Section 106 review for any new structures. She added that there were no plans to clear cut any trees. Commissioner Sikes-Kline stated that the Jr. Service League and Lighthouse Museum board had been good stewards to the community, natural habitat, cultural

6 environment and the historic structures. She felt that the Lighthouse Museum had made significant efforts to communicate with the residents. Commissioner Neville stated that the Lighthouse also made significant efforts to address the concerns raised. Mayor Shaver requested clarification of the Section 106 review and the protections it would provide. Ms. Fleming explained that Section 106 was applied when federal funding was received for a new structure, and when the property was under new ownership. She said the review would be placed in perpetuity with the property for any new construction. She stated that the county deed restriction required specific permission of the State Historic Preservation Office (SHPO) for any new construction. She added that the Planning and Building Department was listed as a stakeholder in the process and would be notified in advance for any construction projects. Commissioner Sikes-Kline pointed out that there were no higher standards than the Secretary of Interior standards. Commissioner Freeman asked if the City and public would have the opportunity to provide input under the state review, and the response was affirmative. Commissioner Horvath asked to add a requirement that drawings for any new construction projects be submitted for the state review. Ms. Fleming stated that the Museum would not request a building permit without having met all the requirements. Commissioner Freeman asked if the Lighthouse would be permitted to have offsite parking. Mr. Birchim stated that off-site parking would have to be reviewed and approved by the Planning and Zoning Board and would not apply to existing uses. Mayor Shaver questioned the correct acreage. Ms. Fleming replied that the correct acreage was 6.5 acres. Commissioner Sikes-Kline MOVED to place Ordinance on second reading, read by title only and passed. The motion was SECONDED by Commissioner Neville. Isabelle Lopez read the title as follows: ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA AMENDING THE CITY OF ST. AUGUSTINE COMPREHENSIVE PLAN, FUTURE LAND USE MAP TO RECLASSIFY A PARCEL OF LAND CONTAINING APPROXIMATELY 4.6 ACRES LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTIONS OF CARVER STREET, ANASTASIA AVENUE AND RED COX DRIVE EXCLUDING THE ST. AUGUSTINE LIGHTHOUSE TENNIS COURTS IN THE CITY OF ST. AUGUSTINE AND BEING MORE PARTICULARLY DESCRIBED HEREINAFTER FROM RECREATION AND OPEN SPACE TO RESIDENTIAL MEDIUM DENSITY MIXED USE (WITH MAP NOTATIONS); PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVISIONS OF COMPREHENSIVE PLAN; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. It was noted that the ordinances would be amended to reflect the correct acreage. 6

7 VOTE ON AYES: Sikes-Kline, Neville, Freeman Horvath, Shaver NAYES: None APPROVED UNANIMOUSLY 8.B.1b/ Public Hearing Ordinance , amending the zoning for the property located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Government Use (GU) to Maritime Use District (MUD). Discussed during the previous item. Commissioner Sikes-Kline MOVED to pass Ordinance on second reading, read by title. The motion was SECONDED by Commissioner Neville. Isabelle Lopez read the title as follows: ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA REZONING APPROXIMATELY 4.6 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTIONS OF CARVER STREET, ANASTASIA AVENUE AND RED COX DRIVE EXCLUDING THE ST. AUGUSTINE LIGHTHOUSE TENNIS COURTS IN THE CITY OF ST. AUGUSTINE, AS MORE PARTICULARLY DESCRIBED HEREINAFTER, FROM ITS CURRENT CLASSIFICATION OF GOVERNMENT USE (GU) TO THE CLASSIFICATION OF MARINE USE DISTRICT (MUD); PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. VOTE ON AYES: Sikes-Kline, Neville, Horvath Freeman, Shaver NAYES: None APPROVED UNANIMOUSLY 5 8.B.2/ Public Hearing Ordinance , amending Chapter 25, Article III, amending Sections to amend definitions; amending Section to revise after-the-fact permit fees relevant to tree maintenance and removal. Martha Graham presented Ordinance as discussed during the previous meeting. Public hearing was opened. Ed Slavin supported the ordinance. Public hearing was closed. Commissioner Horvath MOVED to approve Ordinance on second reading, read by title only and passed. The motion was SECONDED by Commissioner Sikes-Kline. Isabelle Lopez read the title as follows: ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA AMENDING CHAPTER 25, ARTICLE III, AMENDING SECTIONS OF THE CODE OF THE CITY OF ST. AUGUSTINE TO AMEND DEFINITIONS; AMENDING SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE TO AMEND MAINTENANCE STANDARDS; AMENDING SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE TO REVISE AFTER-THE- FACT PERMIT FEES; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR 7 5 Brief recess from 8:41 P.M. until 8:53 P.M.

8 REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Horvath, Sikes-Kline, Neville Freeman, Shaver NAYES: None APPROVED UNANIMOUSLY 8.B.3/ Public Hearing Ordinance , accepting St. Johns County School Board 5-Year Workplan. David Birchim presented Ordinance Public hearing was opened. Ed Slavin expressed concern regarding security in the public schools, which should be included in the ordinance. Public hearing was closed. Mr. Birchim advised that the 5-Year Workplan did not have anything to do with the School Board s security policies. Commissioner Horvath MOVED to place Ordinance on second reading, read by title only and passed. The motion was SECONDED by Commissioner Shaver. Isabelle Lopez read the title as follows: ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE, FLORIDA ADOPTING THE ST. JOHNS COUNTY SCHOOL BOARD'S FIVE YEAR DISTRICT FACILITIES WORKPLAN BY REFERENCE INTO THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF ST. AUGUSTINE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Horvath, Shaver, Sikes-Kline Freeman, Neville NAYES: None APPROVED UNANIMOUSLY 8.C/ Resolutions 9. Ordinances and Resolutions - No Public Hearing Required 9.A/ Ordinances First Reading 9.B/ Resolutions 9.B.1/ Consideration of Resolution , authorizing the City Manager to apply for grant assistance under the Florida Inland Navigation District s Waterways Assistance Program for dredging of the San Sebastian River Channel. Item continued until a subsequent meeting 9.B.2/ Consideration of Resolution , authorizing the City Manager to apply for grant assistance under the Florida Inland Navigation District s Waterways Assistance Program for dredging of the Salt Run Channel. Item continued until a subsequent meeting 9.B.3/ Consideration of Resolution , supporting Phase 1 grant application for the construction of an approved kayak launch on the south end of Eddie Vickers Park in Lincolnville under the Florida Inland 8

9 Navigation District s Waterway Assistance Program. The grant will help pay for the permitting and design of the kayak launch. Item continued until a subsequent meeting 10. Staff Reports and Presentations 10.A/ Presentation of proposed gift from the Schau family of two Medici style lions to be installed in the D.P. Davis Park until it is possible for the FDOT to submit their bridge proposal through the 106 Review process. This will allow the lions to be a part of the 450 th Commemoration celebration. Mr. Regan reviewed a brief presentation for the proposal. 6 Ms. Lopez stated that the project was reviewed by the Historic Architecture Review Board; however, it was not a complete review. She said the City previously passed a resolution governing the artwork gift process and some of the criteria requested by the Schau family were contrary to the existing policy, such as the request for a reverter clause. She added that artist release forms would also have to be completed. She said a copy of the resolution was provided to Mr. Schau. Commissioner Neville MOVED to authorize staff to move forward with modifying the proposal in compliance with the existing resolution. The motion was SECONDED by Commissioner Horvath. Commissioner Freeman expressed appreciation for the Schau family s proposal. She stated that a lot of thought went into developing the current resolution; therefore, it should be complied with. She pointed out that there were a number of 6 Attached to original minutes 9 offers to donate sculptures in the past that were denied for one reason or another. VOTE ON AYES: Neville, Horvath, Freeman Sikes-Kline, Shaver NAYES: None APPROVED UNANIMOUSLY 11. ITEMS BY CITY ATTORNEY 11.B/ Sunshine, Public Records and Ethics Minute. No presentation made, provided by the City Attorney s Office for information purposes. 12. ITEMS BY CITY CLERK 13. ITEMS BY CITY MANAGER Mr. Regan announced that beginning March 16, miles of paving would begin on the following streets: Daniel Street Clark Street Christopher Street Anderson Street South Whitney Street Ponce de Leon Avenue Ocean Way East White Street Magnolia Drive Palmetto Avenue Busom Street South Street 14. Items by Mayor and Commissioners Commissioner Horvath advised that the Visioning Meeting was on Monday, March 16, 2015 at 3:30 P.M in the Alcazar Room. Commissioner Sikes-Kline advised that the she would be attending a Florida League of

10 Cities training session, and recommended all Commissioners attend training seminars. Commissioner Neville expressed appreciation for the agenda being published sooner because it gave everyone more time to review the information. He stated that it was important for the Commission and staff to continue moving forward on reviewing the event policy and parking and traffic issues. Mayor Shaver requested an audit of the City s 450 th Commemoration contracts to ensure compliance. Commissioner Freeman asked to have an estimate of the cost and time associated with an audit first. Commissioner Neville felt that contract compliance should be the focus moving forward because an audit would be time and cost consuming. After a brief discussion there was a majority consensus to move forward with ensuring compliance with all future contracts. 15. Adjournment There being no further business, the meeting was adjourned at 9:34 P.M. 7 Nancy Shaver, MAYOR Alison Ratkovic, CITY CLERK 7 Transcribed by Darlene Galambos 10