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7-28-14 Workshop MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JULY 28,2014 City Commission Members present: Mayor Pro Tem Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson Van Liere, City Manager Rob Bradley, City Attorney Nancy E. Bailey, Recording Secretary Absent: Mayor Carolyn Woods Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of August 11, 2014, was called to order at 6:38 p.m. by Mayor Pro Tem Beckenbach. He stated he would give the audience the opportunity to speak for 3 minutes and would start the meeting with the Courtesy of the Floor to Visitors. COURTESY OF THE FLOOR TO VISITORS John November, 647 Beach Avenue, stated he was speaking as a resident, as the attorney representing Reuben and Sara Bennett and as the co-founder of the Marsh Preservation Society with Maria Mark. He addressed the acquisition of 280 Camelia Street, stating it would provide an access to Tideviews Preserve. He stated he will be bringing this forward at the next Commission meeting. Donna Sasser,2237 Oceanwalk Drive S., spoke against the Human Rights Ordinance (HRO). Sharon Krause,4845 Plymouth St.,Jacksonville, spoke against the HRO. Tricia Russell,8720 CR 13 N., St. Augustine, spoke in support of the HRO. Charles Mann, 165 Arlington Rd.,Jacksonville, spoke in opposition to the 512 Stewart St. site stating this is not bus storage but is a bus terminal. He stated this intensification of this industrial area is going to be a detriment to the growth of the area, to Dutton Island. and to the quality of life of the people who live in this area. He questioned whether this item will actually be before the Commission properly under the Zoning Code, which, under the Industrial Category, allows for auto storage not a bus terminal. He further discussed the Comp Plan stating this will be a negative impact. Chris Jorgensen,92 W.3rd St., spoke against the HRO. Dan Merkan,3159 College St.,Jacksonville, spoke in support of the HRO. Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Amanda Nowlin,2802 Taylor Hill Dr., spoke in support of the HRO. Minutes—City Commission Workshop July 28,2014 Page 2 Steve Haerter, 106 19th Ave. S.,Jacksonville Beach, spoke in support of the HRO. P. K. Drake,4524 Attleboro,Jacksonville, spoke in support of the HRO. Diana Townsend,266 Poinsettia St., spoke in support of the HRO. Tom Huber, 160 Sylvan Dr., spoke in support of the HRO. Wlyne Holleran,238 Pine St., spoke in support of the HRO. Aryana Vonteese, 1780 Leon Rd.#2212,Jacksonville, spoke in support of the HRO. Matthew Fain, 1780 Leon Rd.#2212,Jacksonville, spoke in support of the HRO. Lori Armstrong,411 Florida Blvd.,Neptune Beach, spoke in support of the HRO. Debran Harmon,611 Selva Lakes Circle, spoke in support of the HRO. James Eddy,222 Lawton Ave.,Jacksonville, spoke in support of the HRO. Wells Todd, 1761 Sea Oats, spoke in support of the HRO. Rosan Larizza, 721 Neptune Lane, spoke in support of the HRO. Ben Steffens, 1115 Main St., spoke against the HRO. Lyn Lazarus,540 Hopkins St., spoke in support of the HRO. Marye Delaney, 110 Bowles St.,Neptune Beach, spoke in support of the HRO. Lizz Procter,382 Naugatuck Dr.,was in support of the HRO. William Lyon, 1125 Main Street, stated they should let the citizens vote on the HRO. Richard Johnson,Jr.,857 Bonita Rd., spoke against the HRO. Blake Harper,39 Sunbeam Rd.,Jacksonville, spoke against the HRO. Atillio Cerquera, 36 W. 6th St., spoke in support of the Use-by-Exception for the school bus company on Stewart Street. Kathryn Layton, 114 8th St. Apt. C, spoke in support of the HRO. Marina Hodgini, 721 Neptune Ln., spoke in support of the HRO. Minutes—City Commission Workshop July 28,2014 Page 3 No one else from the audience spoke, so Mayor Pro Tern Beckenbach closed the Courtesy of the Floor to Visitors. *DISCUSSION OF AGENDA ITEMS ON JULY 14,2014 COMMISSION MEETING: 1. A. Approve the minutes of the Regular Commission Meeting of July 14, 2014. B. Approve the minutes of the Workshop of June 23, 2014. C. Approve the minutes of the Special Workshop on Police Building of June 23, 2014. D. Approve the minutes of the Public Meetings of June 27, 2014. There was no discussion on this item. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. There was no discussion on this item. 4. Consent Agenda A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly Financial Report for June 2014. B. Award the contract for annual Janitorial Services for City Facilities(Bid No. 1213-06)to Supreme Janitorial Service for one(1) additional year to expire on September 30, 2015. C. Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Mayor Pro Tem Beckenbach read the Consent Agenda and asked if anyone wanted to discuss any items on the Consent Agenda. Commissioner Hill pulled Item C. He stated he had not seen the list. He was shown the list and stated he had no issues with it. Commissioner Daugherty asked the City Manager what the current process was for auctioning the vehicles. Mr. Van Liere explained they use an on-line auction site. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 14-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A NOT EXCEEDING $14,000,000 UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AUTHORIZING AWARD OF THE BONDS TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Resolution No. 14-07 by title. There was no discussion on this item. Minutes—City Commission Workshop July 28,2014 Page 4 7. Action on Ordinances A. ORDINANCE NO. 15-14-14,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 15-14-14 by title. There was no discussion on this item. B. ORDINANCE NO. 58-14-38,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Beckenbach read Ordinance No. 58-14-38 by title. Commissioner Hill asked if this would come before the Commission one more time, saying he would save his comments for that meeting. Commissioner Mark stated this was the time to discuss it if he has any issues, not at the voting meeting. She stated that is the point of having the workshop. Commissioner Hill stated he had no comment at this time. C. ORDINANCE NO. 58-14-39,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Beckenbach read Ordinance No. 58-14-39 by title. Commissioner Daugherty asked the City Manager what was the catalyst for these things coming about. Mr. Van Liere explained when they Minutes—City Commission Workshop July 28,2014 Page 5 passed the new pension ordinance a few years ago, while they were in the process of passing, the IRS changed some glitch language, so this is an ordinance to fix all the glitches and reword some things to keep it compliant. D. ORDINANCE NO. 95-14-108,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Beckenbach read Ordinance No. 95-14-108 by title. Commissioner Hill stated he wanted to go on the record again stating there are some fundamental impossibilities about this ordinance that are still troublesome and he is surprised they are going to be able to pass it. He stated in the ordinance they ask citizens to actually tell a lie, in a sense, and that particular language is troublesome. He stated he doesn't know how to protect the group that needs the protection and still not ask citizens to tell a lie about the gender of something that they know. He stated the reason is that the gender issue still falls within the discretion of the person who is feeling that gender at a certain time and we really ought to try to address that so we don't get somebody caught in a trap on the gender side of things with the HRO they are looking at. He stated he would like to address some of that language with that HRO. Mayor Pro Tern Beckenbach asked Commissioner Hill to explain the gender issue a little bit further so he understands. Commissioner Hill stated the question is that an individual can claim, and rightfully so — he is not disputing their ability to say what gender they are feeling at that time because he wouldn't have any way to know that, but they put an individual in a position where they have to basically decide something that they know to be not true. He stated you cannot ask a person to tell a lie about something they know not to be true by the evidence they are given with their senses so they need to find a way to work that language a little bit more to give the protection that is needed, if that's important, but not force a citizen to commit to someone else's reality. He stated that is what they are talking about; a transgender person can claim to be female one day and male another, depending where they are in the process. He stated the individual in question would have no way to know and he doesn't believe they addressed that. He stated he would like to give the business owner or employee better guidance in that area and would like to ask legal to look at that specific issue and define how they might better know exactly what they are supposed to do. He stated right now it is in the discretion of the individual. He further stated they did get a pretty clear indication that our citizens would like to vote on this and he believes this should go to a straw ballot and he would like to go on the record saying that. Commissioner Mark stated this is still just so baffling. She stated she is sitting here listening to the same rhetoric that has been said by her colleague. She asked do they really think, one day I'm gay, the next day I'm not; one day I'm a lesbian, the next day I'm not. She stated that is clearly not the case; it is like her saying one day I'm born Korean, the next day I'm not. She stated it is not the case and you guys keep going back to that. She stated that is what they are basing their argument on; that is what they are basing their adversarial position on. She stated the medical scientific evidence has proven that is not true. She stated she was hoping our Commissioners would be better educated on this. She asked how many people have come up here and requested this go on a referendum; she believes they had three tonight. She stated if they had put the Civil Rights Act on a referendum, would it have passed. She stated when you are trying to give rights to a minority, you do not give the majority the right to vote. She stated the last poll that was taken in Atlantic Beach on whether they supported a Human Right Minutes—City Commission Workshop July 28,2014 Page 6 Ordinance, 85% of Atlantic Beach residents fully supported a Human Rights Ordinance. Discussion ensued. Commissioner Daugherty stated the issue is, is this a problem in Atlantic Beach and is there active discrimination against the LGBT community. He stated the answer is no. He stated there has not been one documented case that has come before the Commission of discrimination in Atlantic Beach. He stated in trying to protect the rights of the few,they are infringing on the rights of the many. He stated if the Commission wants to railroad it in on a 3-2 vote, go ahead; but if they want to stay true to what they claimed in their campaigns and hold true to democracy, let the people have their vote. Commissioner Hill asked if they were allowed to vote tonight on whether to take it to a ballot. City Attorney Bradley stated their traditions are that they do not vote at the workshop but it is not legally prohibited, so he is not going to tell him that they can't vote tonight. Commissioner Hill stated he would stick to tradition and not put it to a vote. He will bring it up at the next meeting because with the Mayor absent he would like it to be a complete dais. Mayor Pro Tern Beckenbach stated his feeling as far as discrimination is that it is wrong and he does not agree with it. He stated what he expects of his government is protection as a United States citizen and he believes every United States citizen should be equally not discriminated against and, therefore, he is in agreement with the ordinance. Discussion ensued. Commissioner Hill expressed a change he would like and Mayor Pro Tem Beckenbach asked that he bring the language back to the next meeting that he would feel comfortable to vote on and vote for within this ordinance. Commissioner Hill stated if given the opportunity to do so, he will. Commissioner Mark stated she objects to that. She stated Commissioner Hill has yet to provide any kind of solution to these issues he continues to bring up and he continues to say how bad a legislation this is. She stated this ordinance has been taken from other ordinances that have been passed within the State of Florida and has been crafted to fit Atlantic Beach. Discussion ensued. Mayor Pro Tem Beckenbach stated he would love to see what Commissioner Hill comes up with and to review it. He stated he can tell he has something in mind and he is always open to review what he has in mind and asked him to feel free to bring it back to the Commission the next time they meet. E. ORDINANCE NO. 5-14-61, Introduction and First Reading(Deferred on 7/14/14) AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 5-14-61 by title. City Manager Van Liere explained the ordinance stating the primary objective is to allow City business to carry forward at a little bit more rapid pace and to provide more information to the public before those decisions are made, than was previously provided. He stated he believes the hybrid compromise that they came up with after previous discussions would work well and he would like to go forward with going back to two meetings per month. Commissioner Hill proposed scheduling workshops before both meetings. Mayor Pro Tern Beckenbach referred to Item 8C and stated, following his discussions with Mark Tomaski, he proposed to keep the original ordinance with a regular meeting and a scheduled workshop but have each workshop start with a brief voting meeting to address and approve consent Minutes—City Commission Workshop July 28,2014 Page 7 agenda items. He stated other items such as resolutions, adoption of a change of an ordinance, or approval of use-by-exceptions would be discussed at the workshop and voted on at the regular meeting. Commissioner Mark asked if the schedule for receiving the agenda packets remain the same, with the Commission getting them the Wednesday before the scheduled workshop. Mr. Van Liere stated yes. Commissioner Mark clarified that the 10- day window proposed under the new scenario would not take place, giving only three days to look at what is coming up. Mr. Van Liere stated that is correct but with what Commissioner Beckenbach is suggesting, because they are going to workshop it first, they have those three days, but then they also have two more weeks before they vote on it. He stated there are two issues with this proposal; one being when you want to pass an ordinance. He stated they have two public hearings and it is designed to be read twice so it will take two months to pass an ordinance. Commissioner Beckenbach asked if that is problematic. Mr. Van Liere stated it depends on the ordinance. Commissioner Beckenbach stated then they could always have a special meeting for the ordinance as they did today. Discussion ensued. Commissioner Daugherty stated when they first changed the meetings they agreed they would do it for a period of time to see how it works. He stated staff has come back to them and stated it doesn't work. He stated they have had citizens who say it is prohibitive on a time perspective to get things done for their home or business. He stated there have been very few workshops that they have not had to have a special meeting before it because part of their job is to get things done. He stated he appreciates why this was done but the solution created more problems. He stated staff is trying to solve these problems. He stated he believes they need to listen to staff. Further discussion ensued. Commissioner Hill stated he is leaning toward giving it a shot but make special arrangements to keep the workshop a prominent piece of our government. He asked if it is possible to do a hybrid so that could happen. Mr. Van Liere stated his proposed hybrid takes the miscellaneous business items and prevents them from being passed in one meeting, which is the same thing Commissioner Hill is suggesting with the workshop. He stated rather than calling it a workshop they are just on the agenda as miscellaneous business and they come back in the second meeting as unfinished business where they would take action. He stated it accomplishes the same thing, they just aren't calling it a workshop. He stated the reason he shies away from calling it a workshop is because when the Clerk sits down to make the packet, now they have a workshop and a meeting agenda and they have to pick which things go in which piece; they are noticing two different kinds of meetings and it gets very confusing for citizens who want to know if that is an action item tonight or is that just a workshop item. He stated with the method he presented they would see the items under miscellaneous business and then they would vote for it under unfinished business at the next meeting. He stated what they get with this is that ordinance can go through in two meetings, because they are required to have two meetings with a public hearing, but it won't take two months, it would just take one. Discussion ensued. 8. Miscellaneous Business A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewart Street. Building and Zoning Director Jeremy Hubsch explained the use-by-exception showing slides of the use- by-exception including some examples and allowable uses. He also presented slides of an aerial map of the site, a rendering of the proposed use of the site, pictures of the property, an aerial of their current location in Jacksonville Beach, examples of traffic stacking, time schedules, and a list of schools the buses will be serving. Minutes—City Commission Workshop July 28,2014 Page 8 Chris Engels,340 Lee Rd., representative from STA, answered questions from the Commission. Mr. Hubsch explained the Community Development Board voted 6-0 to recommend denial at their June 15 meeting but there have been several changes to the request since the vote. Commissioner Hill questioned why this was a use-by-exception, stating he read it clearly to be an allowed usable function on that site because they are not permanently storing but are operating a business out of there. He asked if the City Attorney agreed that it is still a use-by-exception. Discussion ensued. City Attorney Bradley stated the question is what is the legislative body trying to accomplish by placing this language in here and saying you have to go through one's process, so you don't get it by right because you want to talk to the surrounding neighborhood. Atillio Cerquera, owner of the property, stated he thought they actually misapplied originally and wrote a letter to Mr. Hubsch, asking that he forward it to the Commission, stating they did misapply; they wanted to be a bus contractor that would store vehicles like, for instance, a plumbing or air conditioning contractor that would store 20-60 vans; any contractor that would be allowable in that type of intensity is how he felt as a contractor. He stated it just says contractor and he believes when Ms. Engels came to apply, she just misunderstood. He stated to be guided would be helpful and that is what he is trying to have the Commission help them with. He stated to have viable quality service businesses in the area that would provide employment in the area is what he is trying to also help with, including his ability to rent the property. Mr. Bradley stated he understands that was communicated and nothing he said should have been interpreted as saying that his firm was not aware of how he would have like to have had this characterized. Mr. Cerquera stated he is asking to reapply. Mr. Bradley stated whether another application was filed or not was not the issue; the issue was what was happening on the ground. He stated it was explained exactly as what he has heard tonight and everything they have heard thus far as to what they are doing. He stated there is no misunderstanding on the part of the law firm as to what they are intending to do with the property; there is no misunderstanding as to what the language is in the ordinance. He stated there certainly is reasonable cause to have people talk about these things because, as the Commissioner points out, there is not a definition beyond permanent storage under terms to be defined. He stated they are aware of his position and what they are attempting to do. Commissioner Hill asked what were the grounds for not allowing them to reapply. Mr. Hubsch stated, although he does not want to speak for Mr. Komando, he believes he said they were not the same as the other contractors. Mr. Bradley stated that was his point. Mr. Hubsch stated, as Mr. Bradley said, not having it defined. He stated they have a definition section in our zoning code and if there is a gray issue they go to that definition and they see that it is black and white. He stated that one isn't defined. He stated a simple fix would be, if the Commission believes it doesn't meet that criteria,they could approve the use- by-exception and direct staff to define what permanent storage is and then they won't have this issue. He stated there is a lot of ambiguity and a lot of gray areas in the zoning code. Mr. Bradley stated if the desire of the Commission is to get this person to be able to move forward with whatever conditions may or may not be reasonable, then that can be accomplished at the next meeting. He stated if the fuller desire is to make this type of business into a use-by-right rather than by exception then they will assist them in making that clear so that will never happen again. Discussion ensued regarding traffic impacts. Chief Classey stated DOT would need to be the one to provide an opinion on Mayport Road because it is a State route. He stated they will have the traffic count information, light cycle information and will be the ones to make any decision on changes for Minutes—City Commission Workshop July 28,2014 Page 9 light cycle. He stated, in his experience in dealing with them, their primary goal and function when dealing with an intersection with a State route is to keep the traffic on the State route going. He stated any secondary roadway traffic from Dutton Island or Levy will become very second nature to them and less of a priority to clear that out. He pointed out that there are no sidewalks on Main Street; the City tried to put them in years back but the residents revolted because it would take too much of their front yard because of the short setbacks off the roadways. He further stated one potential he could see on Mayport Road is that if, during those peak times when those buses are coming back in, you have enough buses heading north on Mayport Road to make the left either onto Dutton Island or Levy and you back up that entire left turn lane, you are forcing traffic in the left straight lane to stop or to make last minute lane changes which could create a situation. He stated the only other observation he would make is that the buses coming out with the short time cycle on Dutton Island and Levy Roads,the Commission could receive complaints from area residents over the delays in getting out of their neighborhoods during those peak times. Discussion ensued. Brea Paul, Chair of the Community Development Board, answered questions from the Commission. Further discussion ensued. B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard. Mr. Hubsch explained the use-by-exception showing slides of the aerial of the property and the site plan. He answered questions from the Commission. Tracey Westbrook, 1560 Selva Marina Drive, owner of Atlantic Beach Urban Farms, explained the entrances and exits to the property and the proposed operation and answered questions from the Commission. C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled workshops. This item was taken out of sequence and acted on earlier in the meeting. D. Request to amend Section 24-84 of the City Code of Ordinances related to Through Lots. Mr. Hubsch gave a summary of the proposed request to amend the ordinance and showed slides of the through lots. He stated when this came before the Commission previously, he explained what he believes his predecessor intended. He stated there was some ambiguity in how it was presented and how it was interpreted by the Commission and the Community Development Board and explained the Code that was actually implemented which states that all lots between those streets are treated like all through lots and must have two front yards with a 20' front yard setback on each property. He stated the way our Codes are written they say you cannot have detached garages, pools or any accessory structure such as a pergola in the front yard. He explained the reason this is coming back before the Commission is because there are three people that this has affected already. He answered questions from the Commission. Discussion ensued. Brea Paul answered questions from the Commission and stated the Board will be discussing an overlay district and explained what an overlay district is. Commissioner Hill asked her if this is coming back to the Commission for them to figure out what to do, or is the Minutes—City Commission Workshop July 28,2014 Page 10 Board going to give a recommendation. Ms. Paul state they are going to give the Commission a recommendation and they may decide they don't want a special overlay district, which will probably take two or three months of discussion. She stated they have had two items that they deferred to their meeting for next month, pending clarification from the Commission. She stated they want to know if it is the Commission's intent to alter the Code so it removes the double front yard setback, which does decrease the buildable area. She stated if it is for the garage apartment, it is 15' they are talking where they can have it in their setback and the garage line they have now. She encouraged them to come to a consensus if that is something they would like to change and as a Board they would gladly make them a recommendation again, but they, as a Board, wanted to see where they were going. She stated they try very hard not to just hand out exceptions or variances Willy nilly because if they are giving everybody a variance, what's the point in having a variance; they might as well make it the rule. Mr. Hubsch stated he would like to get an idea from the Commission where they lean on this if it comes before them again because they have applicants who have applied for zoning variances and they are waiting. Discussion ensued. City Manager Van Liere stated when they changed the code to what it is now, the request was that they would be able to pick their front yard, whether it was Ocean or Beach. He stated what he is understanding now is that it wasn't one or the other; they gave them two front yards. He stated the difference between a front yard and a back yard setback is 15', which is the width of your swimming pool, so they really created 15' of unbuildable lot by requiring them to have 20' on the front and 20' on the back. Mr. Hubsch explained, no, it's a 20' setback on the front yard and back yard, it's when you limit the ability to do the detached garage that you limit their total buildable area. Mr. Van Liere stated the whole discussion about if you can push the garage closer to the street, then you have room to put a pool in, but with two front yards, so to speak; you just can't do that. Mr. Hubsch stated our code related to pools specifically says that the pool cannot be located in the front yard, which means the pool has to be behind the front of the house, which ultimately means if you want to build a pool on these lots it has to be in the side yard. He stated you will have people building longer, narrow houses to be able to fit a pool on the side yard and it will create all kinds of design constraints. Mr. Hubsch answered questions from the Commission. Discussion ensued. It was consensus of the Commission to readdress this issue. 9. City Manager A. City Manager's Report. • 90-Day Calendar(August- October 2014) Mr. Van Liere explained the calendar, reminding the Commission that there is a workshop before the next meeting on August 11 at 5:00 p.m. to discuss the Police building. He also stated October 2 will the Committee and Board Member appreciation reception at 6:30. He stated the next Town Hall meeting is Saturday, October 18 at 10:00 in the Chamber. 10. Reports and/or requests from City Commissioners and City Attorney There was no discussion on this item. COURTESY OF THE FLOOR TO VISITORS Mayor Pro Tern Beckenbach opened the Courtesy of the Floor to Visitors, stating he would allow 2 minutes per person speaking. Minutes—City Commission Workshop July 28,2014 Page 11 Alison Hillis, 380 5th Street, addressed 152 3`1 Street stating as far as the perspective of conformity goes, on Beach Avenue if you live on the ocean, you can only have your garage on Beach Avenue because you don't have a choice. She stated on Ocean Blvd., if you live on the west side of Ocean Blvd., there are no through lots so all of the garages are on Ocean Blvd. She stated on the east side of Ocean Blvd. you have the option because you have a through lot. She stated there is no conformity because each side of Ocean Blvd. is different and each side of Beach Ave. is different. She stated she just wanted to point out that conformity may not be the best way to go because she doesn't believe there is any conformity. Andy Pitler, 277 Beach Ave., he stated he also owns 290 Beach Ave. which is the adjacent lot next to Ms. Hillis' lot. He stated he welcomes the Commission further delving into this issue and would like to make his self and his property available as a walkthrough because they are perfect examples of a convergence of things that are making this more awkward than it needs to be. He stated as he recollects, the code change was made because it seemed to make sense that you could pick or choose Beach or Ocean, but what got codified was the requirement to have the front yard setback on both. He stated that did limit in several ways the ability to build the same square footage in terms of being able to have a building on Beach and a building on Ocean with some space in between. He stated his lot and the Hillis lot are perfect examples of that. He stated he would like to have things expedited as best they can because several people have significant dollars tied up and are trying to get plans moving forward. He stated whatever they can do to help the process through involvement, etc. they will be more than happy to play whatever role they can. Chris Jorgensen, 92 W. 3rd St., addressed Item 8B, stating the proposed business is next to his house and he thinks it is fantastic. He stated he can't conceive of any traffic problem. Julia Sanford, 199 Beach Ave., architect working with some of the people on Beach Ave., spoke in support of an either/or decision because it would preserve some of the beautiful old historic homes and not make them be torn down and have some big and new built in the middle. William Lyon, 1125 Main St., stated he lives down the street from the property proposed for the busses and spoke in favor of the business. He stated the concerns they have about traffic signals could be easily remedied. He stated he welcomes the business. Adjournment There being no further discussion by the City Commissi n, Mayor Pro Tern Beckenbach • • lared the meeting adjourned at 10:03 p.m. Mark Beckenbach Mayor Pro Tern £44€t Donna L. Bartle, CMC City Clerk *Formal action(if needed)will be taken at the Commission Meeting of August 11,2014.