CITY OF JACKSONVILLE BEACH FLORIDA MEMORANDUM TO: The Honorable Mayor and Members of the City Council City of Jacksonville Beach, Florida

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1 CITY OF JACKSONVILLE BEACH FLORIDA MEMORANDUM TO: The Honorable Mayor and Members of the City Council City of Jacksonville Beach, Florida Council Members: The following Agenda of Business has been prepared for consideration and action at the Regular Meeting of the City Council on Monday, June 21, 2010, at 7:00 P.M. in the Council Chambers, 11 North Third Street, Jacksonville Beach, Florida. Opening Ceremonies: Invocation Salute to the Flag Roll Call 1. APPROVAL OF MINUTES: City Council Workshop, held May 25, 2010 Regular Council Meeting, held June 7, ANNOUNCEMENTS: 3. COURTESY OF THE FLOOR TO VISITORS: 4. MAYOR AND CITY COUNCIL: 5. CITY CLERK: (a) Appointment to Planning Commission RC100621agn Page 1 of 3

2 Memorandum, Mayor and City Council City Council Agenda for June 21, CITY MANAGER: (a) Approve Monthly Financial Reports Month of May 2010 (b) Authorize the Execution of a Mutual Aid Agreement with Mayport Naval Station for Fire and Rescue Services (c) Approve Employee Insurance Benefits, Third Party Administration (TPA) and Voluntary Insurance Plan Renewals for October 1, 2010 (d) Authorize Design of the 2 nd Street North Sewer Replacement and Related Improvements Project (14 th to 20 th Avenue North) (e) Approve Purchase of One (1) Replacement Pickup Truck from the Sheriffs Association Contract (# ) for the Public Works Streets Division (f) Approval of Bid for Purchase of Electric Meters, 24 Months Requirement (g) Approval of Bid for Refurbishment, Repair and Disposal of Distribution Transformers, 24 Months Requirements 7. RESOLUTIONS: 8. ORDINANCES: (a) ORDINANCE NO SECOND READING AN ORDINANCE TO AMEND AN ORDINANCE ENACTING AND ESTABLISHING A COMPREHENSIVE LAND DEVELOPMENT REGULATION AND OFFICIAL ZONING MAP FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS AUTHORIZED BY CHAPTER , FLORIDA STATUTES, BY AMENDING DIVISION 2. SUPPLEMENTAL STANDARDS, SECTION OUTDOOR RESTAURANTS AND BARS OF ARTICLE VIII. SITE DEVELOPMENT STANDARDS TO MODIFY THE LIMITATIONS AND CONDITIONS FOR OUTDOOR RESTAURANTS AND BARS; TO REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND FOR OTHER PURPOSES (b) ORDINANCE NO FIRST READING PUBLIC HEARING AN ORDINANCE TO AMEND AN ORDINANCE ENACTING AND ESTABLISHING A COMPREHENSIVE LAND DEVELOPMENT REGULATION AND OFFICAL ZONING MAP FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS AUTHORIZED BY CHAPTER , FLORIDA STATUTES, BY REPEALING ARTICLE IV DEFINITIONS AND REPLACING IT WITH A RC100621agn Page 2 of 3

3 Memorandum, Mayor and City Council City Council Agenda for June 21, 2010 NEW ARTICLE IV DEFINITIONS TO ADD NEW OR REVISED DEFINATIONS RELATED TO PUBLIC SCHOOL CONCURRENCY, BY AMENDING DIVISION 4 REVIEW FOR ADEQUATE PUBLIC FACILITIES OF ARTICLE X. ADEQUATE PUBLIC FACILITIES STANDARDS TO REVISE CERTAIN TEXT AND TO ADD A NEW SECTION PUBLIC SCHOOL FACILITIES CONCURRENCY APPLICATION AND REVIEW PROCEDURES; TO REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES (c) ORDINANCE NO FIRST READING AN ORDINANCE AMENDING SECTION 29 DISCHARGE, SUSPENSION, ETC., OF OFFICERS AND EMPLOYEES; BOARD OF APPEAL, SECTION 32 RIGHT OF MANAGER AND OTHER OFFICERS IN COUNCIL AND REPEALING SECTION 13, ASSISTANT CITY CLERK AND SECTION 60, OFFICIAL BONDS IN THE CITY CHARTER Respectfully submitted, /s/george D. Forbes CITY MANAGER GDF: cmm 06/17/2010 If a person decides to appeal any decision made by the City Council with respect to any matter considered at any meeting, such person may need a record of the proceedings and, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The public is encouraged to speak on issues on this Agenda that concern them. Anyone who wishes to speak should submit the request to the City Clerk prior to the beginning of the meeting. These forms are available at the entrance of the City Council Chambers for your convenience In accordance with the Americans with Disabilities Act and Section , Florida Statute, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk s Office at (904) , ext 10, no later than 12:00 PM, Friday, June 18, RC100621agn Page 3 of 3

4 Minutes of City Council Sign Ordinance Workshop Tuesday, May 25, :00 PM City Council Chambers Mayor Fland Sharp called the workshop to order at 6:00 PM The following City Council members were in attendance: Rick Knight Tom Taylor Mayor Fland Sharp Also present were City Manager George Forbes, Director of Planning and Development Steve Lindorff, City Attorney Susan Erdelyi, Sign Code Consultant Shauna Morris, Esq., and Recording Secretary Amber Lehman. Purpose of Workshop The purpose of the workshop is to address the Sign Code Ordinance Changes. Mr. Lindorff gave a brief presentation on the history of the Sign Code Ordinance with depictions of what was allowed, what has changed, and what will be allowed with the proposed changes in the ordinance. Ms. Morris gave a brief presentation on the importance of having a sign ordinance that would be tailored to meet Jacksonville Beach s needs. Public Comment Mayor Sharp stated that he received a phone call from a business owner and was asked if he will have to remove his sign. Mr. Lindorff replied that if the sign is currently within the sign code ordinance, he would not have to remove it. However, there are three ways that a sign can be removed or improved. These are abandonment for more than 60 days, destruction beyond 50% of its value, or when a building permit with a value greater than 50% of the value of the structures on the site is issued. Fred Jones, th Avenue North, asked whether bus shelter advertising would be allowed with the changes. Mr. Lindorff stated that the City is in the early stages of gathering bus shelter data, and intends to partner with the JTA in getting the shelters to places where they are needed. The City will opt out of the bus advertising being addressed by the ordinance. CCWkshp100525min Page 1 of 5

5 Minutes of City Council Sign Ordinance Workshop held on Tuesday, May 25, :00 p.m. Scott Chesnut, nd Avenue South asked about painted murals. How will painted murals be affected by the changes in the ordinance? Mr. Lindorff replied that if the artwork does not depict what is being sold or supplied by the business, and will not be an advertisement then the mural will be acceptable as per the changes in the code. Ms. Morris explained that there is recent litigation about a mural painted on a business in St. Petersburg. The business is a bait shop and the mural that is painted on the side of the building depicts various types of large fish and can be seen as an advertisement for what type of business that the mural covers. However, the courts ruled that it was a mural and not an advertisement, therefore attorney representation is needed when dealing with the sign ordinance. Scott Wiley (address not given) stated that he agreed with the City and believes that the changes to the sign ordinance would be beneficial. Dan O Connor, rd Street South, asked about vehicle signs and electric signs. Mr. Lindorff responded that as long as the vehicle is being used for normal business and the vehicle is routinely moved it is not considered a sign. Only when the vehicle is sitting in the right-of-way or for long periods will it be considered a sign. Mr. O Connor asked about parking the vehicle at the place of business. Mr. Lindorff replied that it would be fine as long as the vehicle is parked properly. John Bevis, rd Street South, Manager of Sign o Rama, stated that he has several fleet drivers that are unable to park 100 feet off the right-of-way. Where should his vehicles be parked? He also asked about vehicle magnets, monument signs, and if the ordinance can be changed to allow for monument signs to be above car level? Mr. Lindorff replied that vehicle magnets, if less than 10 square feet in size, are allowed under the new provisions. As for monument signs being larger than car level, the code does allow for adding architectural embellishments to increase the height of the sign. Owner of Surfside Printing, Reasa Pabst, stated she has a sign that has been grandfathered-in with the old sign ordinance. When she replaces it due to the age of the sign, what shall she do? If she is required to have a monument sign, she stated she would have to place it in the middle of her parking area. Mr. Lindorff replied that it will take some creativity and may require a parking variance from the Board of Adjustment. CCWkshp100525min Page 2 of 5

6 Minutes of City Council Sign Ordinance Workshop held on Tuesday, May 25, :00 p.m. Lisa Taylor Brousseau, 2315 Beach Blvd, stated that there is a need for instructional signs that should be added to the Dock Sign section of the proposed ordinance changes. Ms. Brousseau also asked for clarification on umbrella signs. Mr. Lindorff replied that a business establishment that has outdoor seating could have up to as many umbrella signs as needed (1 per table). A gentleman from the audience (no name or address given) asked how many flags would be allowed per business. Mr. Lindorff replied that there is a maximum of three flags per property that will be allowed. Flutter flags are prohibited as per the ordinance. In addition, monument signs will not have to match the architecture of the building. A gentleman from the audience (no name or address given) asked if artwork on awnings would be allowed. Mr. Lindorff responded that if the artwork represents what type of business is being conducted, then no. Sam Veal, 209 South 3 rd Street, asked if the fees would be changed for the permits. Mr. Lindorff replied that it is being considered, but has not been finalized. Lee Dorson, 1326 Blue Heron Lane N., asked about the cars and trucks that are completely wrapped with signage. Mr. Lindorff replied that as long as the vehicle continues to be moved and is being used in conjunction with the business, it is acceptable as per code. The code says that it cannot be immobile for more than two hours. Sid Ansbacher, 50 North Laura Street, Jacksonville, FL, stated that on Page 53 of 87, there is a typo referring to the switch out of a sign face it is supposed to be without. Mr. Ansbacher stated that on Page 62 of 87 the reference to a commercial vehicle presumption of being a mobile sign if it can be seen within 100 feet of the nearest right-of-way, especially along 3 rd Street, is problematic. Mr. Ansbacher noted that the requirement for the orientation of signs toward the main entrance along 3 rd Street is problematic, in that FDOT permits are scarce, side entrance signs on the avenue side are more prevalent, and going to the monument-type signs makes it problematic. He stated that there should be a sign variance procedure because the City has century old platting CCWkshp100525min Page 3 of 5

7 Minutes of City Council Sign Ordinance Workshop held on Tuesday, May 25, :00 p.m. and many oddly configured commercial properties as a result. We would like to discuss a setback of view triangle for height in analysis. In Planned Unit Developments we have negotiated heights and setbacks, etc., so we do not want to become non-conforming for signs on PUDs where the City is making overall legislative change review. Mike Herzberg (address inaudible), stated that it appeared that it was figured out in He noted that the City did not form a committee in this process, and basically shut down the public involvement. At this time, it is premature for a Planning Commission meeting on the subject. Mr. Herzberg noted that his company offered to share drawings with the City. Randy Brown, th Street South, stated that he is in an industrial zone and has two wall signs - one facing 9 th Avenue that is 4 square feet. When the building was originally built, the sign was legal. Will the sign still be legal with the current proposed code? Mr. Lindorff replied that the sign that is currently in place is legal. He further explained that depending on the size of a building the sign can add up to 250 square feet of wall space and can be placed anywhere on the wall. George Lindley, 1401 Beach Blvd, asked if sign holders would be permitted. Mr. Lindorff replied that sign holders would not be permitted in the right-of-way. Dave Stellatto, rd Street South, referred to vehicles with signage that cannot be parked within 100 ft. of the right-of-way. Where shall he park his vehicle? David Danzeisen, 16 th Avenue South, owner of Clean Getaway Car Wash, stated that the City Council passed a law and said that he had to remove his sign, which he did. He currently does not have a sign but has received a letter from the Mayor allowing him to put a new sign in place of his old one. Mr. Danzeisen stated that this process has caused him grave financial distress and damage. Mr. Danzeisen asked what the City has spent on attorney fees for the sign code changes. Mayor Sharp responded that he did not have that information tonight. Fred Ahern, 221 South 3 rd Street, stated that he is concerned about how the monument signs size will be calculated for side entrances. Mr. Ahern further stated that he has many clients with rentals and with the new sign ordinance - 60 days if your tenant terminates the lease you can CCWkshp100525min Page 4 of 5

8 Minutes of City Council Sign Ordinance Workshop held on Tuesday, May 25, :00 p.m. require them to conform to the new sign ordinance. Mr. Ahern believes this is too short, based on today s economic situation. Mr. Lindorff explained that the sign owner is allowed to change the sign face. The sign can be whatever the owner wishes it to be, i.e. For Sale/For Rent, or it could be left blank. Jeanell Wilson, All South Realty, concurred with statements made by Mr. Ahern. Ms. Wilson also stated that monument signs are not always practical from a financial standpoint. The workshop was adjourned at 7:45 PM. Submitted by: Amber M. Lehman Recording Secretary Approved: Fland O. Sharp, Mayor Date: June 21, 2010 CCWkshp100525min Page 5 of 5

9 Minutes of Regular City Council Meeting held Monday, June 7, 2010 at 7:00 P.M. In the Council Chambers, 11 North 3 rd Street, Jacksonville Beach, Florida. CALL TO ORDER: Mayor Fland Sharp called the meeting to order. OPENING CEREMONIES: Invocation was by Council Member Knight, followed by the Salute to the Flag. ROLL CALL: Mayor: Fland Sharp Council Members: Lee Buck Penny Christian Rick Knight Dick Matthews Steve Hartkemeyer Tom Taylor Also present were City Manager George Forbes, and Assistant City Clerk Judy Bullock. APPROVAL OF MINUTES: It was moved by Ms. Christian, seconded by Mr. Buck, and passed, to approve the minutes of the Council Workshop and Regular Council Meeting held May 17, ANNOUNCEMENTS: Council members expressed their pleasure with the clean-up efforts following the festival and use of the street sweeper. City Manager, George Forbes announced that it was his 35 th Wedding Anniversary. COURTESY OF THE FLOOR TO VISITORS: Marvin Gillman, 1331 First Street, North, #903, spoke about parking consultants/paid parking. MAYOR AND CITY COUNCIL: (a) Employee of the Quarter Award 1 st Quarter of 2010 Mayor Sharp presented awards to the following Employees of the Quarter : Robert Alip, Beaches Energy George Paugh, Recreation Department RC100607min Page 1 of 8

10 Minutes of Regular City Council Meeting held Monday, June 7, 2010 CITY MANAGER: (a) Approval to Sponsor an American Public Power Association (APPA) Demonstration of the Energy-Efficient Developments (DEED) Project along with the University of North Florida Motion: Discussion: It was moved by Ms. Christian, seconded by Mr. Buck, to authorize Beaches Energy Services to sponsor a research project on solar water heating performance using a $25,000 grant from the American Public Power Association, along with a UNF contribution of $94,434; and to authorize the City Manager or Mayor to execute the agreements with the American Public Power Association and UNF for the project Mayor Sharp introduced Benjamin Swanson, a graduate student at the University of Florida who proposed the research project. He added that the City feels it would be beneficial to know and understand just how solar hot water systems impact the electrical peak demand, especially in the winter months. Mr. Swanson gave a brief overview of the research project. Mr. Buck asked about the use of windmills to produce power. Mr. Swanson explained that the Mayport Village area would be best for that type of research. Roll call vote: Ayes Buck, Christian, Hartkemeyer, Knight, Matthews, Taylor, and Mayor Sharp; motion carried unanimously. (b) Motion: Ratification of Contract with the International Association of Firefighters (IAFF) Local 2622 It was moved by Ms. Christian, seconded by Mr. Buck, to ratify the contract with the International Association of Firefighters (IAFF) with effective dates as outlined in the May 25, 2010, memo, from Sue Taylor, Human Resources Director, titled Ratification of Contract with the International Association of Firefighters (IAFF) and authorize the Mayor and City Manager to execute the contract. (Contract effective June 14, 2010; expiring June 15, 2011) Roll call vote: Ayes Christian, Hartkemeyer, Knight, Matthews, Taylor, Buck, and Mayor Sharp; motion carried unanimously. RC100607min Page 2 of 8

11 Minutes of Regular City Council Meeting held Monday, June 7, 2010 (c) Motion: Approve Withdrawal from Law Enforcement Trust Fund for Continued Funding for Part-time Police Volunteer Coordinator It was moved by Ms. Christian, seconded by Mr. Buck, for approval to continue funding for the part-time police volunteer coordinator position through the Law Enforcement Trust Fund, as detailed in a May 21, 2010, memorandum from the Police Chief entitled, Withdrawal from Law Enforcement Trust Fund for Continued Funding for Part-time Police Volunteer Coordinator. (Approximately $14,425to fund next 12 months) Discussion: Police Chief Bruce Thomason advised that the position of Police Volunteer Coordinator had been funded since 2007, utilizing the fines and forfeitures from criminal offenders. He explained Murphey Shaw holds the position and his day-to-day duties include oversight and scheduling of the Citizens on Patrol volunteer program, as well as assisting with Citizen Police Academy classes and Alumni Association activities. He added that the volunteers provide approximately 9,000 hours of service to the police department annually. Roll call vote: Ayes Hartkemeyer, Knight, Matthews, Taylor, Buck, Christian, and Mayor Sharp; motion carried unanimously. (d) Approval for Expenditure of Field Improvement Fees for Sod Repair Work at Wingate Park Football Fields Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to approve the use of field improvement fees for sod repair work at the Wingate Park football field. (Approximate cost of $5,000 for repairs) Roll call vote: Ayes Knight, Matthews, Taylor, Buck, Christian, Hartkemeyer, and Mayor Sharp; motion carried unanimously. (e) Motion: Authorize Asphalt Rejuvenation, City s Street Maintenance Program It was moved by Ms. Christian, seconded by Mr. Buck, to authorize the City Asphalt Rejuvenation Program, as explained in a memo from Ty Edwards, Public Works Director, dated May 23, Discussion: Mr. Forbes briefly explained the project and advised that the City plans to rejuvenate approximately 10 miles of roadway, including a few public parking lots this year. RC100607min Page 3 of 8

12 Minutes of Regular City Council Meeting held Monday, June 7, 2010 Speaker: Jim Overby, 21 Burling Way requested clarification on whether or not South Beach Parkway would be included in the project. Ty Edwards, Public Works Director, responded that South Beach Parkway was not included in the project. Roll call vote: Ayes - Matthews, Taylor, Buck, Christian, Hartkemeyer, Knight and Mayor Sharp; motion carried unanimously. RESOLUTIONS: (a) RESOLUTION NO Mayor Sharp requested the Assistant City Clerk read Resolution No , by title, whereupon Ms. Bullock read the following: A RESOLUTION LEVYING AND IMPOSING SPECIAL ASSESSMENT FOR THE CUTTING OR REMOVAL OF WEEDS (VINES, PALMETTO, SHRUB BUSHES OR OTHER RANK OR NOXIOUS VEGETABLE GROWTH, ACCORDING TO THE PARTICULAR CASE INVOLVED) PURSUANT TO THE PROVISIONS OF SECTION 19-6 OF THE CODE OF ORDINANCES (Case No ; RE# ; aka 1522 Republic Drive, Lot 252, Constitution Cove Unit 8; Trust # 1522 Republic Drive Trust and Dina Ramadan - $110.00). Motion: Discussion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Resolution No levying and imposing a lien in the amount of $ for mowing abandoned property on Lot 252, Constitution Cove Unit 8 [1522 Republic Drive]. Council member Matthews advised that he is familiar with this particular property and asked about the cost of $ for mowing the yard. Mr. Forbes explained that the City goes out for proposals for this service and it is awarded to the lowest bidder. Roll call vote: Ayes Taylor, Buck, Christian, Hartkemeyer, Knight, Matthews, and Mayor Sharp; motion carried unanimously. (b) RESOLUTION NO Mayor Sharp requested the Assistant City Clerk read Resolution No , by title, whereupon Ms. Bullock read the following: A RESOLUTION LEVYING AND IMPOSING SPECIAL ASSESSMENT FOR THE CUTTING OR REMOVAL OF RC100607min Page 4 of 8

13 Minutes of Regular City Council Meeting held Monday, June 7, 2010 WEEDS (VINES, PALMETTO, SHRUB BUSHES OR OTHER RANK OR NOXIOUS VEGETABLE GROWTH, ACCORDING TO THE PARTICULAR CASE INVOLVED) PURSUANT TO THE PROVISIONS OF SECTION 19-6 OF THE CODE OF ORDINANCES (Case No ; RE# ; aka 605 South 13 th Avenue, Lot 12, Block 127, Oceanside Park; Scott W. Hickman - $891.00). Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Resolution No levying and imposing a lien in the amount of $ for mowing undeveloped abandoned property on Lot 12, Block 127, Oceanside Park [605 South 13 th Avenue]. Roll call vote: Ayes Buck, Christian, Hartkemeyer, Knight, Matthews, Taylor, and Mayor Sharp; motion carried unanimously. (c) RESOLUTION NO Mayor Sharp requested the Assistant City Clerk read Resolution No , by title, whereupon Ms. Bullock read the following: A RESOLUTION LEVYING AND IMPOSING SPECIAL ASSESSMENT FOR THE CUTTING OR REMOVAL OF WEEDS (VINES, PALMETTO, SHRUB BUSHES OR OTHER RANK OR NOXIOUS VEGETABLE GROWTH, ACCORDING TO THE PARTICULAR CASE INVOLVED) PURSUANT TO THE PROVISIONS OF SECTION 19-6 OF THE CODE OF ORDINANCES (Case No ; RE# ; aka 623 South 3 rd Avenue, Lot 9, Block 27, Pablo Beach South; Mark and Catherine Simmons - $205.70) Discussion: Ms. Christian requested clarification on the property address as it was noted as 3 rd Avenue on the Resolution, but 3 rd Street on the cover memo. Senior Planner Bill Mann advised that the correct address was 3 rd Avenue. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Resolution No levying and imposing a lien in the amount of $ for mowing and removal of debris on abandoned property, Lot 9, Block 27, Pablo Beach South [623 South 13 th Avenue]. Roll call vote: Ayes Christian, Hartkemeyer, Knight, Matthews, Taylor, Buck, and Mayor Sharp; motion carried unanimously. RC100607min Page 5 of 8

14 Minutes of Regular City Council Meeting held Monday, June 7, 2010 ORDINANCES: ORDINANCE NO FIRST READING PUBLIC HEARING Mayor Sharp requested the Assistant City Clerk read Ordinance No , by title on its first reading; whereupon Ms. Bullock read the following: AN ORDINANCE TO AMEND AN ORDINANCE ENACTING AND ESTABLISHING A COMPREHENSIVE LAND DEVELOPMENT REGULATION AND OFFICIAL ZONING MAP FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS AUTHORIZED BY CHAPTER , FLORIDA STATUTES, BY AMENDING DIVISION 2. SUPPLEMENTAL STANDARDS, SECTION OUTDOOR RESTAURANTS AND BARS OF ARTICLE VIII. SITE DEVELOPMENT STANDARDS TO MODIFY THE LIMITATIONS AND CONDITIONS FOR OUTDOOR RESTAURANTS AND BARS; TO REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND FOR OTHER PURPOSES. Mayor Sharp read the following statement: This ordinance for an amendment to the text of the Land Development Code is before this Council for a public hearing and consideration on its first reading. Under the laws of the State of Florida, a request for an amendment to the text of the Land Development Code is handled as a quasi-judicial proceeding. A quasi-judicial proceeding means that a governing body is now functioning in a manner similar to a court with the Mayor and Council sitting as impartial decision makers hearing testimony and questioning presenters, who are to provide substantial and competent evidence to support their side of the issue. It is the duty of the Council to arrive at sound decisions regarding the use of property within the City. This includes receiving citizen input regarding the proposed use on the neighborhood, especially where the input is fact-based and not a simple expression of opinion. It is the applicant s burden to demonstrate that their application is consistent with the Land Development Code and the Comprehensive Plan. If the applicant is successful in showing consistency, then it is up to the local government to produce competent, substantial evidence of record that the application should be denied. The Council s decision on the LDC Text Amendment is based on the criteria set forth in Section of the Land Development Code. Each member of the Council has been provided a copy of the criteria. In addition, the Council has received a copy of the application and the staff and Planning Commission reports on this text amendment request. RC100607min Page 6 of 8

15 Minutes of Regular City Council Meeting held Monday, June 7, 2010 Public Hearing Mayor Sharp opened the public hearing on Ordinance No Speakers: Brenda Shields, 315 North 18 th Street, spoke in opposition Scott Chesnut, 210 South 22 nd Avenue, #B, spoke in favor Darrell Shields, 318 North 18 th Street, spoke in opposition Marvin Gillman, 1331 North 1 st Street, #903, spoke in opposition Jim Overby, 21 Burling Way, spoke in opposition Mayor Sharp closed the Public Hearing and read the following statement: Before requesting a motion on this ordinance, beginning with myself, each of the members is requested to indicate for the record both the names of persons and the substance of any ex-parte communications regarding this application. An ex-parte communication refers to any meeting or discussion with a person or citizen who may have an interest in this decision, which occurred outside of the public hearing process. Mayor Sharp Sandy Golding Council member Knight Sandy Golding Council member Hartkemeyer none Council member Taylor Staff Council member Matthews none Council member Buck none Council member Christian - Staff Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , amending the Land Development Code Sec by eliminating the minimum distance requirement from residential uses for outdoor restaurant and bar conditional use applications. Mayor Sharp read the following: Before opening the floor for discussion or questions by the Council, please be reminded that our decision will be based on the criteria set forth in the Land Development Code, and the Council is required to approve a clear statement of specific findings of fact stating the basis upon which such facts were determined and the decision was made. Discussion: Council members expressed their concerns that by reducing the distance, residences could be negatively impacted, the City could have more drinking establishments than restaurants/coffee shops and that the City needs to work toward being more family-oriented. Mr. Mann explained that each business would be required to make application to the Planning Commission, who would make their decisions RC100607min Page 7 of 8

16 Minutes of Regular City Council Meeting held Monday, June 7, 2010 on a case-by-case basis. He added that the Planning Commission could apply conditions, such as hours of operation, sound screening, etc. or turn down the application. Roll call vote: Ayes Hartkemeyer, Knight, Matthews, Taylor, Buck, Christian; Nays Mayor Sharp. Motion carried by a vote of 6 to 1. Adjournment There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 7:48 p.m. Submitted by: Judy L. Bullock Assistant City Clerk Approval: Fland O. Sharp, Mayor Date: June 21, 2010 RC100607min Page 8 of 8

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