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 Joe Boles, and the following were present: 1. Roll Call: Joe Boles, Mayor/City Commissioner Nancy Sikes-Kline, Vice Mayor/City Commissioner Leanna S. A. Freeman, City Commissioner Roxanne Horvath, City Commissioner Don Crichlow, 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 Mark Litzinger, Comptroller Paul K. Williamson, Director, Public Affairs Dana Ste. Claire, Development Director, 450 th Commemoration Loran Lueders, Police Chief Bob Growick, Fire Marshall 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 Sikes-Kline led the Pledge of Allegiance. 2. ADMINISTRATIVE ITEMS 2.A/ Modification of Agenda 2.B/ Reminder of Commission Meetings. Reorganizational Meeting Monday, December 1, 2014 at 7:30 P.M. Special Meeting Appeal of Permit Issue, 179 San Marco Avenue, Tuesday, January 15, 2015, 9:00 A.M. until 1:00 P.M. 3.A/ Special Presentations: 3.B/ Proclamations: Pancreatic Cancer Awareness Month Recognitions: 3.C/ 450 th Commemoration Alliance:

2 Mayor Boles read and presented the following Alliance Proclamations: Discovery Map of St. Augustine The Gifted Cork 4. General Public Comments (3 minutes per individual) Tom Reynolds stated that he lived in a predominantly short term rental condominium complex, and encouraged visitors to tour the City by using a taxi service; however, most of the taxi companies did not care for their vehicles. He felt that there should be a code requiring the vehicles be clean and well cared for. B. J. Kalaidi felt that tax payers should know which downtown businesses received Park Now cards from the Chamber of Commerce. She expressed appreciation to John Valdez for promptly removing his political signs after the election, and to Robert Hall for his willingness to serve on the Historic Architectural Review Board. She felt that reducing the boat dockage fees was discriminating. She stated that the Commission should approve only $1,000 for the St. Patrick s Day parade. She questioned how much was spent to date on the monument/ship model exchange with Spain. Ed Slavin expressed appreciation to Mayor Boles and Commissioner Crichlow for their service to the City. He requested that the appointments to the Planning and Zoning Board and Historic Architectural Review Board be delayed until the new Commission was seated. He said cultural history should be told accurately. He stated that the University of Florida documentary was missing portions of history. He noted concerns regarding the Compassionate City obelisk project placement. Mark Resos questioned the process for approval to eliminate parking in the Abbot Tract by painting the curbs yellow. He stated that he had not provided any input into the process, and requested reconsideration. Mayor Boles advised that the matter should be discussed with the City Manager. 5. Consent Agenda 5.A/ Additions, deletions or modifications to Consent Agenda. John Regan, City Manager, read the Consent Agenda. Commissioner Horvath questioned the design of the fence being installed at the Lighthouse Boat Ramp. Commissioner Crichlow replied that the Department of Environmental Protection required that the fence be installed. He stated that it would consist of wood posts with connecting rope. He noted that the funding request was not to exceed $8,000, and felt that the costs would not reach that amount. There was a brief discussion regarding event fee waivers and it was determined that the matter would be discussed further during a subsequent meeting. 5.B/ Approval of Consent Agenda. Commissioner Freeman MOVED to approve the Consent Agenda. The motion was SECONDED by Commissioner Horvath and APPROVED BY UNANIMOUS VOICE VOTE. 6. Appeals. 2

3 7. General Public Presentations (10 minutes per presentation) 7.A.1/ Presentation by Commissioner Don Crichlow regarding the City of Aviles/City of St. Augustine Cultural Exchange project. This project, ongoing since 2009, exchanges a detailed model of don Pedro Menendez San Pelayo galleon and in return, a replica of the obelisk in the Plaza de la Constitucion commemorating the Spanish Constitution of Commissioner Crichlow stated that he had been working on finalizing the exchange agreement for quite some time. He said there similar exchanges in the past, which were as follows: Pedro Menendez statue replica Atocha Anchor Canos de San Francisco fountain Mosaic display on Aviles Street Menendez coffin Ponce de Leon Baptismal Font replica Commissioner Crichlow stated that Spain had spent a significant amount of money and time to create an accurate design of the San Pelayo ship model. He said a meeting with Aviles city officials was held in Spain to discuss the exchange and they selected a site for the Spanish Constitution monument replica. He stated that the construction documents for the monument were completed. He said the construction costs were approximately $45,000 with an additional $7,000 to create replica plaques. He stated that the total project cost was approximately $53,000. Mark Litzinger, City Comptroller, stated that a private contributor pledged approximately $25,000 and an additional $15,000 was dedicated through the 450 th during 2012 specifically for the monument. He said a monument restoration fund was established during the budget process, which was about $9,000. He stated that remaining balance was approximately $4,000, which could come from reserves if approved. Mr. Regan stated that the San Pelayo model would be displayed in the Tapestry exhibition during the 450 th and would remain permanently displayed at the Visitor Information Center. He felt that the model would help increase long term revenues as a marketing element when the full scale ship was completed. Commissioner Crichlow stated that fund raising would continue and hopefully the total costs would be covered. He said Aviles wished to dedicate the monument during March of 2015; therefore, requested approval of the funding so the project could move forward. Commissioner Freeman stated that the project had been discussed over a long period of time, and expressed full support. Commissioner Horvath pointed out that the costs had been lowered because of the efforts of Commissioner Crichlow. Mr. Litzinger noted that Aviles would also be participating in the Compassionate City obelisk art program at the same time. Mayor Boles MOVED to approve the project and funding as presented. The motion was SECONDED by Commissioner Horvath. VOTE ON AYES: Boles, Horvath, Crichlow Freeman, Sikes-Kline APPROVED UNANIMOUSLY th Commemoration. 1 Presentation attached to original minutes 3

4 9. Ordinances and Resolutions Public Hearing Required. 9.A/ Ordinances First Reading 9.A.1/ Public Hearing Ordinance , amending Section 28-2 of the Code of the City of St. Augustine to provide for a definition of legally available marijuana. David Birchim, Director, Planning and Building, presented Ordinances , , and He stated that Amendment 2 was not passed; however, the state legislature passed the Charlotte s Web law which allowed a low THC form of cannabis. He said the ordinances were intended to preempt any initiatives that would introduce medical marijuana into the community. 9.A.2/ Public Hearing Ordinance , amending Section of the Code of the City of St. Augustine to provide for hydrocultural, agricultural or cultivation of legally available marijuana as a use by exception in the Industrial and Warehouse (IW) zoning category. David Birchim stated that staff felt that the IW zoning category was the most appropriate category because of the indoor marijuana growing process, in addition to the lack of outdoor agricultural property in the City. He noted the locations of all IW properties located within the City limits. 2 9.A.3/ Public Hearing Ordinance , amending Section of the Code of the City of St. Augustine to provide for facilities for manufacturing, production or processing of legally available marijuana as a use by exception in the Industrial and Warehousing (IW) zoning category. David Birchim stated that each application for a use by exception would have to be approved by the Planning and Zoning 2 Map attached to original minutes 4 Board. He said there were a number of ways marijuana and its byproducts could be processed in food stuffs, which was another reason staff felt that the IW zoning was the most appropriate category. 9.A.4/ Public Hearing Ordinance , amending Section of the Code of the City of St. Augustine to provide for facilities for sales, trade, gift, display storage, delivery or on-site commercial consumption of legally available marijuana as a use by exception in the Commercial Medium- Two (CM-2) zoning category; requiring a condition of direct vehicular access to a roadway functional classification of principal arterial-urban U.S. Highway 1. David Birchim stated that it was determined that the most optimal location for marijuana oriented businesses was along US 1 for public safety purposes. He said that because marijuana was illegal at the federal level, financial institutions and banks could not be involved; therefore, the businesses would have to work on a cash basis, which would increase the possibility of crime. Loran Lueders, Police Chief, agreed and encouraged the Commission to pass the ordinances. Bob Growick stated that the fire department was concerned with the method of processing marijuana byproducts because of the use of butane and CO2, which created serious fire hazards. He said there were 27 reported explosions in Denver, Colorado related to marijuana processing. Public hearing was opened for Ordinance Jonathan Charles Grey felt that the ordinance would be beneficial. He said other states have approved recreational marijuana. He stated that publicly traded marijuana businesses were worth $40 billion, and recreational use accounted for

5 approximately $3.8 billion in annual sales. He said there were 9 major cannabinoids with THC being the most popular, and scientists were making significant progress with establishing the medical benefits of marijuana. He said legalized marijuana could provide jobs and economic development. Public hearing was closed. Commissioner Sikes-Kline MOVED to pass Ordinance on first reading. The motion was SECONDED by Commissioner Freeman. Isabelle Lopez read the title as follows: ORDINANCE NO SECTION 28-2 OF THE CODE OF THE CITY OF ST. AUGUSTINE TO PROVIDE FOR A DEFINITION OF LEGALLY AVAILABLE MARIJUANA; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Sikes-Kline, Freeman, Horvath Crichlow, Boles APPROVED UNANIMOUSLY Public hearing was opened for Ordinance Chris Fulmer stated that one of the controversies was who would grow the marijuana once it became legal because of the restrictions and limitations. She said there would be five licenses issued to established businesses; therefore, she did not feel it would be much of an issue for the City. B. J. Kalaidi requested the parcel numbers for the properties within the IW zoning category. She expressed concern regarding the requirement that the businesses be located on US1. Jonathan Grey agreed that there were currently five grow licenses issued, but hearings would be held on expanding the number. He said the other requirement was that the manufacturing, cultivation and production had to be in one place. He pointed out that indoor horticulture had numerous options and methods and did not require large spaces. Public hearing was closed. Commissioner Sikes-Kline MOVED to pass Ordinance on first reading. The motion was SECONDED by Commissioner Horvath. Ms. Lopez read the title as follows: ORDINANCE NO SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE TO PROVIDE FOR FACILITIES FOR HYDROCULTURAL, AGRICULTURAL OR CULTIVATION OF LEGALLY AVAILABLE MARIJUANA AS A USE BY EXCEPTION IN THE INDUSTRIAL AND WAREHOUSING (IW) ZONING CATEGORY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 5

6 VOTE ON AYES: Sikes-Kline, Horvath, Crichlow Freeman, Boles APPROVED UNANIMOUSLY Public hearing was opened for Ordinance B. J. Kalaidi opposed the ordinance. Jonathan Grey supported the ordinance. Public hearing was closed. Commissioner Sikes-Kline MOVED to pass Ordinance on first reading. The motion was SECONDED by Commissioner Freeman. Isabelle Lopez read the title as follows: ORDINANCE NO SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE TO PROVIDE FOR FACILITIES FOR MANUFACTURING, PRODUCTION OR PROCESSING OF LEGALLY AVAILABLE MARIJUANA AS A USE BY EXCEPTION IN THE INDUSTRIAL AND WAREHOUSING (IW) ZONING CATEGORY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Sikes-Kline, Freeman, Horvath Crichlow, Boles APPROVED UNANIMOUSLY Public hearing was opened for Ordinance Jonathan Grey stated that the safety concerns of the sale and processing of marijuana were low. He said when the right measures were taken it was safe. He said hemp had a significant number of uses which would be beneficial to the community. B. J. Kalaidi opposed the ordinance, and reiterated that the parcel numbers of the properties within the IW zoning categories should be provided to the public. Public hearing was closed. Mayor Boles requested that Ms. Kalaidi be provided with a zoning map. Commissioner Crichlow felt that it was not difficult to determine where the IW areas were by looking at a zoning map. Mr. Birchim pointed out that the parcel numbers could change through the property appraiser s office, which was the reason not to include specific parcel numbers, only the zoning category. Commissioner Sikes-Kline stated that a number of communities were regulating the issue. She suggested considering a permitting process that was revocable should issues occur. She felt that there was more work to be done to create a better system. Commissioner Sikes-Kline MOVED to pass Ordinance on first reading. The motion was SECONDED by Commissioner Horvath. Commissioner Crichlow questioned whether it would be easier to police if it were contained to one single area, and the response was affirmative. He suggested concentrating the sale of marijuana to one area. 6

7 Ms. Lopez read the title as follows: ORDINANCE NO SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE TO PROVIDE FOR FACILITIES FOR SALES, TRADE, GIFT, DISPLAY, STORAGE, DELIVERY OR ON-SITE COMMERCIAL CONSUMPTION OF LEGALLY AVAILABLE MARIJUANA AS A USE BY EXCEPTION IN THE COMMERCIAL MEDIUM-TWO (CM-2) ZONING CATEGORY; REQUIRING A CONDITION OF DIRECT VEHICULAR ACCESS TO A ROADWAY FUNCTIONAL CLASSIFICATION OF PRINCIPAL ARTERIAL-URBAN U.S. HIGHWAY 1; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Sikes-Kline, Horvath, Freeman Boles NAYES: Crichlow CARRIED 4/1 9.B/ Ordinances - Second Reading 9.B.1/ Public Hearing Ordinance , amending Section of the Code of the City of St. Augustine providing for Design Standards for Entry Corridors relating to King Street, San Marco Avenue and Anastasia Boulevard. David Birchim reviewed Ordinance as presented during the previous meeting. Public hearing was opened; however, there was no response. Commissioner Freeman MOVED to place Ordinance on second reading, read by title only and passed. The motion was SECONDED by Commissioner Sikes-Kline. Ms. Lopez read the title as follows: ORDINANCE NO SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE PROVIDING FOR DESIGN STANDARDS FOR ENTRY CORRIDORS, INCLUDING KING STREET, SAN MARCO AVENUE AND ANASTASIA BOULEVARD; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Freeman, Sikes-Kline, Crichlow Horvath, Boles APPROVED UNANIMOUSLY 9.B.2/ Public Hearing Ordinance , amending Section of the Code of the City of St. Augustine relating to public improvements, providing for community notice of road vacation. David Birchim presented Ordinance as reviewed during the previous meeting. Public hearing was opened. B. J. Kalaidi opposed the ordinance, because public property should not be vacated to benefit special interests. Public hearing was closed. 7

8 Commissioner Crichlow MOVED to place Ordinance on second reading, read by title only and passed. The motion was SECONDED by Mayor Boles. Ms. Lopez read the title as follows: ORDINANCE NO SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE RELATING TO PUBLIC IMPROVEMENTS; PROVIDING FOR COMMUNITY NOTICE OF ROAD VACATIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Crichlow, Boles, Sikes-Kline Horvath, Freeman APPROVED UNANIMOUSLY 9.C/ Resolutions 10. Ordinances and Resolutions - No Public Hearing Required 10.A/ Ordinances First Reading 10.A.1/ Introduction and Consideration Ordinance , creating Section of the Design Standards for Entry Corridors of the City of St. Augustine relating to variance procedures for signs and actions not requiring architectural review. David Birchim stated that Ordinance would insert the variance process into the Design Standards for Entry Corridors. He said the variance would provide flexibility based on qualifying architectural or historical condition associated with the existing building or lot configuration, the architectural character of the existing structure or the historic architectural character of the specific corridor if deemed appropriate by the Historic Architectural Review Board. Commissioner Sikes-Kline MOVED to pass Ordinance The motion was SECONDED by Commissioner Horvath. Ms. Lopez read the title as follows: ORDINANCE NO AUGUSTINE, FLORIDA, CREATING SECTION OF THE DESIGN STANDARDS FOR THE ENTRY CORRIDORS OF THE CITY OF ST. AUGUSTINE RELATING TO VARIANCE PROCEDURES FOR SIGNS AND ACTIONS NOT REQUIRING ARCHITECTURAL REVIEW; PROVIDING FOR INCLUSION IN THE DESIGN STANDARDS FOR THE ENTRY CORRIDORS OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON AYES: Sikes-Kline, Horvath, Freeman Crichlow, Boles APPROVED UNANIMOUSLY 10.B/ Resolutions 8

9 11. Staff Reports and Presentations 12. ITEMS BY CITY ATTORNEY 12.B/ Sunshine, Public Records and Ethics Minute. No presentation made, provided by the City Attorney s Office for information purposes. 12.C/ Fair Housing and Human Rights Information. No presentation made, provided by the City Attorney s Office for information purposes. 13. ITEMS BY CITY CLERK 13.A/ Appointment to fill the remainder of one (1) term on the Planning and Zoning Board (PZB). Commissioner Sikes-Kline stated that one of the applicants requested to have the appointments delayed until the new Commission was seated. Commissioner Crichlow disagreed and stated that he should be allowed to appoint the person he felt was best suited to serve on each board. Commissioner Freeman pointed out that board appointments were each Commissioner s responsibility Mayor Boles and Commissioner Horvath agreed that the appointments should not be postponed. Applications were received from the following individuals: Sarah Ryan Cash McVay Susan Rathbone After the ballots were tallied, it was determined that Sarah Ryan was appointed. 13.B/ Appointment to fill the remainder of one (1) term on the Historic Architectural Review Board (HARB). Applications were submitted by the following: Joseph S. Cronk Matt Armstrong Sarah Ryan Robert M. Hall Steve Schuyler After the ballots were tallied, it was determined that Matt Armstrong was appointed. 13.C/ Re-appointment of two (2) members to the Board of Trustees St. Augustine Police Officers Retirement System. Ms. Ratkovic advised that Michael Davis and Doug Hernandez were current members of the board and were eligible for reappointment. She stated that both members indicated their willingness to continue serving and no other applications were submitted. Commissioner Freeman MOVED to reappoint both board members. The motion was SECONDED by Commissioner Sikes-Kline and APPROVED BY UNANIMOUS VOICE VOTE. 13.D/ Notification of two (2) term expirations on the Code Enforcement, Adjustment and Appeals Board (CEAAB). So acknowledged. 14. ITEMS BY CITY MANAGER 9

10 Mr. Regan advised that the First City through the Eyes of the Masters exhibition would open on November 15, He stated that it had been an honor and a pleasure to serve with Mayor Boles and Commissioner Crichlow. Alison Ratkovic, CITY CLERK 15. Items by Mayor and Commissioners Commissioner Freeman expressed appreciation and gratitude to Commissioner Crichlow and Mayor Boles. She felt they had both served the public well. Commissioner Sikes-Kline stated that a number of residents in the Abbott Tract had provided feedback regarding the yellow curbing project. She said a review of the parking situation in the Abbot Tract had been ongoing since She said emergency access was critical; however, notification efforts should be increased so residents were aware of what was going on. Mr. Regan stated that the timeline of meetings and events related to the process was extensive and was provided to the neighborhood association. 3 He said he would schedule a meeting with the affected residents. 16. Adjournment There being no further business, the meeting was adjourned at 10:41 P.M. 4 MAYOR 3 Timeline attached to original minutes 4 Transcribed by Darlene Galambos 10