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MARCH 3, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, Acting City Manager Theodore S. MacLeod, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Dwight Wolter, Ormond Beach Union Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Oath of Office Ms. Veronica Patterson, City Clerk, administered the oath of office to Ms. Thelma B. Irvin as the duly elected Zone 2 Commissioner. Item #5 - Approval of Minutes Mayor Hood advised the minutes of the February 17, 1998, regular meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Persis moved, seconded by Commissioner Gillooly, to approve the minutes as submitted.
Item #6(A) - Awards of Recognition Mayor Hood stated Ms. Ruth Horan and Ms. Jane Renz are excellent examples of people who have made a difference in their community due to their participation and dedication. He stated these ladies are the driving force behind the performances at the Ormond Performing Arts Center, and since 1993, Ms. Horan and Ms. Renz have raised $60,000 to help fund the lighting, sound system and other accouterments that make the Performing Arts Center the outstanding facility it is today. Mayor Hood presented plaques to Ruth Horan and Jane Renz for the outstanding work they have done for the Ormond Beach Performing Arts Center. Ms. Horan expressed her appreciation to the members of the Senior Theater Workshop who have worked so hard for these accomplishments. Item #6(B) - Employee Appreciation Day Mayor Hood stated the City Commission has adopted a proclamation establishing April 3, 1998, as Employee Appreciation Day where a luncheon will be provided along with a drawing. Mayor Hood stated Ormond Beach is fortunate to have outstanding employees. Item #7 - Audience Remarks Boat Speeds in the Manatee Sanctuary Ms. Mercedes McCallen, 40 Longfellow Circle, expressed appreciation to the City of Ormond Beach for the letter written on behalf of manatee protection. She stated Ormond Beach has stood behind its Comprehensive Growth Management Plan with its Manatee Sanctuary Designation. She also acknowledged Ted Porter and the Honorable Dick Graham for their leadership in this regard. Zone 2 Election Ms. Joyce High, 38 Oak Brook Drive, expressed appreciation to the voters in Zone 2 for providing proof that democracy still works. She stated that in the last election, she witnessed people of all ages and economic backgrounds making the extra effort to cast their ballot, and she hopes the other zones can do as well during the next election. Tree City Designation Ms. Tina Share, 1317 Overbrook Drive, asked if Ormond Beach is still designated as a "Tree City," and she requested an explanation of the definition. Mayor Hood explained the City receives an application annually for designation as a "Tree City" where certain criteria must be met. He stated Ormond Beach has been a "Tree City" for as long as he has been Mayor and will continue to strive to achieve this designation. Item #8 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda.
Item #9(A) - Mini-Warehouses ORDINANCE NO. 98 - 8 AN ORDINANCE RELATIVE TO MINI-WAREHOUSES, AMENDING SECTION 3.46 OF THE LAND DEVELOPMENT CODE BY AMENDING MAXIMUM HEIGHT RESTRICTIONS AS A CONDITIONAL USE; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE. Mr. Clay Ervin, Planning Director, stated a request was made by Mark Dowst and Associates to allow additional height relative to construction of mini-warehouses under certain conditions. He explained the present regulations limit height to one story or fifteen (15’) feet, whichever is less. He explained the proposed ordinance would allow a mini-warehouse to exceed one-story or fifteen (15’) feet in height under a Planned Business Development, if the building is designed so that it would look like an office or similar commercial operation. Mr. Ervin stated the staff report and ordinance is missing one key recommendation from the Planning Board which stipulated that a minimum site of five (5) acres be clearly delineated. He asked that this be inserted into the ordinance. Mr. Ervin stated the Planning Board and staff recommend approval with certain restrictions as follows: automatic approval would not be given, rather on a site specific application, the Development Review Board (DRB) and City Commission would review the application; architecturally, the development would have to look like a standard office professional building; it would need a maximum impervious area of 40%; additional standards for the greenbelt, Granada/Bovard and other overlay districts would be in place to preserve and enhance the aesthetics of the City; and a minimum site of five (5) acres would be required. Mr. Ervin explained these are Citywide standards where they are applicable and where these types of facilities are allowed. He stated mini-warehouses are currently allowed by Conditional Use (staff review only) in the B-5 and I-1 zoning districts, and they are allowed by Conditional Use Permit in the B-8 zoning district. Mr. Ervin related that if these new standards were in place, an applicant would have to go through the Planned Business Development process which would require full review by staff, the Development Review Board, and the City Commission. He recommended approval with the amendment to add, "in addition to the architectural requirements, the development will be limited to a maximum of forty (40%) percent impervious surface area on sites encompassing a minimum area of five (5) acres." Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-8, on first reading, to include the wording stipulated by Mr. Ervin. Mr. Mark Dowst, Project Engineer with Mark Dowst and Associates, stated he is representing Liberty Investment Properties, partners with Shurgard. He stated that in the zoning districts that this would be presented, three (3) story buildings for office buildings or other retail uses are allowed at the present time. Mr. Dowst stated the extra requirements placed on the project to utilize this option are very stringent, which are good for quality projects and for the City of Ormond Beach. He displayed two (2) renderings indicating the difference between the conventional project or one using this modification. He suggested that by approving this ordinance, green space will be increased and architectural standards will be increased as well. Mayor Hood asked if Ormond Beach has property on Granada Boulevard that could be developed as storage units. Mr. Ervin replied that, at this time, there is none; but through the Planned Business Development process, the City may allow for developments that occur in like zoning districts. Commissioner Gillooly asked why truck parking was not mentioned in the restrictions, to which Mr. Ervin responded these restrictions are outlined in Section 3.46. Commissioner Gillooly complimented staff for their exhaustive work in developing the mini-warehouse restrictions. Commissioner Persis asked for clarification that the City Commission has the right to deny such a unit to be built on certain sites. Mr. Ervin assured Commissioner Persis if this type of development is not allowed, by right, in a particular zoning district, it is up to the applicant to prove the development will not create an impact on the adjacent residential or commercial areas and is compatible with those uses.
Item #9(B) - Schedule of Development Review and Impact Fees ORDINANCE NO. 98 - 9 AN ORDINANCE RELATIVE TO SCHEDULE OF DEVELOPMENT REVIEW AND IMPACT FEES; AMENDING SECTION 13.1 OF THE LAND DEVELOPMENT CODE BY AMENDING THE APPLICATION PROCESSING FEES BY ADDING TREE REMOVAL FEES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-9, on first reading, as read by title only. Commissioner Persis pointed out that, at the present time, there is no fee for a permit to remove a tree. Mr. Ervin clarified that for the single-family homeowner, staff needs to determine if the minimum number of trees required by the Code are still on the lot after a tree is removed; however, there will not be a charge for these single-family homeowners, and the charge would apply only to new single-family homes in new subdivisions. He explained the $15 fee would be charged for staff’s time to inspect the site to be sure there are no specimen or historic trees, identify any problems, come back after the work is done to be sure all the trees that were to be preserved have been preserved, and those that had to be replanted were replanted. He further explained that non-residential, commercial and multi-family sites take a great deal of the City Landscape Architect’s time to meet with the applicant before plans are drawn, inspect the site for specimen or historic trees, see the trees are properly tagged, tree protection barricades are in place; and then after construction, he must come back to see the job was done according to plans. He stated that for large sites, this takes a considerable amount of time. Commissioner Persis stated these tasks are accomplished now without charge, and he feels the approximate $4,000 annually this fee would bring in is not worth the hassle to the citizens or to the City for collecting the fees. Mr. Ervin stated that he contacted a few local developers to explain the proposed ordinance, and the developers indicated the amount was fair, given the amount they are already charged for other types of inspections. Commissioner Boyle stated this fee is needed to remain the "City of Trees," and it is not about collecting the revenue, but about making sure the City is compensated for the process and the process remains tight and secure. Mayor Hood questioned what impact the Ordinance would have if a storm destroys a tree then needs to be cut down. He asked if a permit would be needed for its removal; to which Mr. Ervin responded in case of emergencies or storms, typically, permission can be granted over the phone. Mayor Hood stated this is not codified in the language of the Ordinance, and he opposes single-family homeowners having to obtain a $15 permit. Mr. Ervin explained that the only homeowners affected would be on new developments in subdivisions. Mayor Hood stated that "construction related" needs to be codified so as to establish that this relates to the actual construction of a single-family residence and not for construction of a pool or other accessory structures on current residences. Mr. Ervin advised this will be clarified in the Ordinance for the second reading.
Item #10(A) - Appointing an Alternate Representative to the Metropolitan Planning Organization Commissioner Persis nominated Commissioner Boyle as an alternate representative to the Metropolitan Planning Organization (MPO). Commissioner Boyle stated he already serves on the Historic Trust and Main Street Board, the Mayor serves on three (3) boards, Commissioner Gillooly serves on the Water Alliance, and Commissioner Irvin is a new Commissioner; therefore, Commissioner Boyle nominated Commissioner Persis to the MPO. Commissioner Gillooly seconded the nomination, and Commissioner Persis accepted the nomination. RESOLUTION NO. 98 - 43
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-43, appointing Commissioner Persis as an Alternate Representative of the Metropolitan Planning Organization.
Item #10(B) - Skateboard Park Design RESOLUTION NO. 98 - 44
Mr. Mark Turtlerich, 521 Parque Drive, asked if the Commission had received Option "C" for the skate park which he and Mr. Curt Baker had provided. Mayor Hood advised him the Commission had been provided Option "C," and he expressed his appreciation for the time and effort Mr. Turtlerich and Mr. Baker provided on this project. Mr. Donald O’Lone, 1304 Northside Drive, requested the acceleration of this program to alleviate some of the dangerous actions of skateboarders. He appealed to the youth in the auditorium to stop engaging in dangerous activities on skateboards. Mr. Miles Newton, 127 Peninsula Winds Drive, informed the Commission that if a park is built that the youth are not challenged by, they will continue to skate on the streets. He recommended Option "C." Mr. Tim Payne, 1023 LaMesa Avenue, Winter Springs, stated that over the past fifteen (15) years, he has built over 100 skate parks throughout the world, and he felt the bid package was premature to arrive without a park design. Mr. Payne commended the City of Ormond Beach for taking on this project, but requested they take a step back and look at the total project. Mr. Payne explained the design is the most important part, and it must serve the needs of the beginner as well as the expert skaters. He advised if the design is for beginners alone, it will be used only short term. Mr. Payne stated he supports a free skate park and explained there are over 120 skate parks in the United States, of which over 95% are free to the users. He stated Option "C" is close to accomplishing the goal for a beginner use park. Mr. Payne stated statistics through the Government Safety Analysis Board show that the lower structures are more injurious to the skater and the higher structures are safer. He recommend that if Option "C" is approved, an option be kept open to improve upon the design over time. Mr. Payne offered his services to the City free of charge. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Option "C" in Resolution No. 98-44, as read by title only. Commissioner Boyle stated there have been some contradictions to the staff report on Option "C" with some of the experts to whom he has recently spoken. He stated none of the three options offer movable elements, which he was told is desirable. Commissioner Boyle stated Option "C" would be more likely to allow the City to tempt a private company to operate the park, and he indicated Option "C" would be safer since it is higher. He stated the Commission they had given staff an April deadline, and this may have been unfair. Commissioner Boyle explained he does not want the City to build a rudimentary park, and then have a private company come in and build a more interesting park, causing the riders to leave the City park for the private park. He stated he believes Option "B" would be a mistake, and to proceed with Option "C," even though it would require more money, may be more cost effective in the long run. Commissioner Boyle indicated Option "C" eliminates the steel ramps which may corrode and be more dangerous. He recommended building a quality skate park as the best long-term investment. Commissioner Boyle expressed his appreciation to Mr. Baker and Mr. Rich for the hours invested into the design of Option "C" with no cost to the City. Commissioner Gillooly stated he favors Option "C," but is concerned regarding the location. He explained there has been a problem in The Trails with skateboarders, and he does not see this problem lessened with the skate park being constructed in the Nova Recreation Complex. He stated he foresees the park drawing skaters who will use their skateboards to access the skate park, which may exacerbate the problem. Commissioner Gillooly stated he would support Option "C," conditioned upon taking another look at other possible locations. He stated he shares Commissioner Boyle’s concern that a private company could come in and place a park in the tourist area along A1A, and the riders would leave the City park for the private park. Commissioner Gillooly stated that while most of the youth come from the Zone 3 area, there are interested youth in other zones as well. Commissioner Irvin stated the quality and the safety of the park are her major concerns. She suggested consideration be given to placing the park in a more central location, such as US #1. Commissioner Persis agreed Option "C" is the best option, but this option needs to be kept challenging for the skaters; thus changes will need to be made periodically. He stated the concept for the park was not to make money as a tourist attraction, but to provide a type of recreation for the residents of Ormond Beach. He stated the demographics clearly indicate the majority of the youth reside on the west side of the Halifax River, and the Nova Road and State Road 40 area is now nearly the central portion of the City, due to the City moving west. Commissioner Persis stated he does not believe a private enterprise could compete with a City skateboard park because the cost of land beachside, the construction, and the cost of running the establishment, would force the fees to be excessive in order to make a profit. Commissioner Gillooly moved, seconded by Commissioner Boyle, to amend the motion to look into an alternate site for the skate park.
Item #11(A) - Funding of a Documentary on the History of Central Florida. Mayor Hood asked if anyone wished to make a motion to fund a documentary on the history of Central Florida. Hearing none, he stated the proposal dies for lack of a motion. Item #11(B) - Legal Opinion on Firefighters’ Contract Commissioner Boyle stated this item relates to the removing of the clause in the Firefighters’ Contract which provides that there would be review in the second and third years to keep Ormond Beach the highest paid. He advised the City Attorney was requested to give a legal opinion on whether this clause could be reviewed, discussed, and renegotiated without challenging the validity of the remainder of the contract, and the City Attorney has advised that it can. Commissioner Boyle stated the City Manager outlined the process he believes should be followed to achieve this goal. He noted, however, that he was very distressed to read in the newspaper after the last meeting that there had been correspondence on this issue going back to January 12, 1998. He stated a letter was sent from Mr. Heric to Mr. Miller on January 12, 1998, and another letter dated February 6, 1998, indicated there were two (2) other letters, totaling four (4) pieces of correspondence. Commissioner Boyle stated that before a discussion can occur on how to proceed from this point, a very clear understanding is needed of exactly where the City stands on this issue, and he cannot understand why copies of this correspondence were not included in the City Commission packet. Commissioner Boyle stated the City Commission should have this correspondence before proceeding and should give the City Manager the opportunity to explain why these documents were not provided. Commissioner Boyle moved, seconded by Commissioner Gillooly, to table this item until the March 17, 1998, City Commission meeting.
Item #12- Reports, Suggestions, Requests Congratulations to Jane Renz and Ruth Horan Commissioner Boyle complimented Jane Renz and Ruth Horan on their work in the Performing Arts Center, especially on the play "Onward Ormond," which was brilliantly performed. He urged all to attend the play. Potential Comprehensive Plan Changes Commissioner Boyle advised that, pursuant to a request for Comprehensive Plan changes to be submitted as stated in a recent memorandum from the City Manager, he requests that the Planning Department address restoring the restrictions previously removed from the wetland ordinance. Mr. Ervin explained the State has limited the City to amend its Comprehensive Plan twice per year, and the next scheduled Planning Board meeting for which Comp Plan items could be discussed is scheduled for April, with applications typically submitted the first week of March. Mayor Hood stated the Thompson Rule, would require this issue to be deferred to the next City Commission agenda. Commissioner Boyle asked that it be placed on the March 17, 1998, agenda. Airship Company Negotiations Commissioner Boyle requested an item be placed on the next agenda to discuss the status of negotiations with the German airship company regarding their possible relocation to Ormond Beach, including an itemization of the concessions offered, and a list of all the parties who are currently negotiating this project on behalf of the City. Mayor Hood asked staff to place this on the next meeting’s agenda. Wilmette Avenue from the US #1 Intersection to the Beach Street Intersection Commissioner Boyle stated it has been publicized in the media that the intersection at Wilmette and US #1 has been problematic and accidents have occurred. He requested the Police Department give a complete report for the past twelve (12) months on the entire length of Wilmette. He stated he continues to receive calls from constituents who indicate the City has not kept its promise in that trucks continue to traverse this avenue on a regular basis, and he reminded the Commission that in June, 1996, the Commission agreed that the impact of this road would be evaluated after one (1) year. He stated two (2) of the complaints he received regarded the lack of left turn signals creating a hazardous intersection, since the intersection has difficult sight lines and angles; and as stated at the meeting in June, the median is not distinctive from the pavement, causing the people turning left to travel south on US #1 to drive onto the median on a regular basis. He stated Ted MacLeod, Public Works Director, had informed him last spring that Volusia County would be making some corrections, and he is not aware of the status of those corrections. Commissioner Boyle asked that this item be placed on the March 17, 1998, meeting agenda and that those living on Wilmette be invited to voice their concerns. Zone 2 Election Commissioner Boyle welcomed Ms. Thelma Irvin to the City Commission, congratulated her on her victory, and thanked her for her willingness to serve Ormond Beach. He advised her that all the people in this community are very grateful she will share her talent, integrity, and knowledge of this community. Commissioner Irvin stated she is very proud and grateful to be the Zone 2 Commissioner. She expressed her appreciation to the citizens in Zone 2 who expressed their confidence in her and stated she will work very hard to justify the trust placed in her. Commissioner Irvin stated the City is at a crossroads, and the City Commission will be making vital decisions that determine which fork in the road it will take. She stated the decisions the Commission makes will help define what Ormond Beach will be for the next generation, and that is a great responsibility which should only be undertaken with the counsel and support of the citizens of Ormond Beach. Commissioner Irvin advised she will continue to listen very carefully to the ideas and concerns expressed by the citizens. Commissioner Irvin stated the Commission should never forget this City belongs to the citizens, and the Commission’s purpose is to serve them. She stated that to every thing there is a season and a time for every thing—there is a time to plan and repair, a time to discuss and deliberate, a time to negotiate and compromise; and the time has come for Ormond Beach to interact and move on. She thanked the citizens for allowing her to serve. Commissioner Gillooly welcomed Commissioner Irvin. He stated he is very impressed with her abilities and looks foreword to a very productive tenure with her. Wilmette/US #1 Problem Commissioner Gillooly agreed with Commissioner Boyle that there is a definite problem at Wilmette Avenue and US #1 which needs to be discussed. He stated the City cannot wait for the County to do something about this problem; the City must take action to alleviate the problems. Granada Plaza (T.G.I. Friday’s) Code Violations Commissioner Gillooly asked that the status of the Code violations at Friday’s Restaurant be added to the March 17, 1998, agenda for discussion. "Onward Ormond" Commissioner Gillooly stated the performance of "Onward Ormond" at the Performing Arts Center is a historical and very delightful play. Since Ormond Beach is very historically minded, he recommended a video be made of this play and other citizen performances, to be placed in the Ormond Beach Library for people to enjoy in the future. Alan Burton, Leisure Services Director, stated he will see that this is done. Medians on SR 40 Commissioner Gillooly stated the grass is either not the right type of grass or is not being properly maintained on the medians on State Road 40. He asked that action be taken to rectify this situation. Wetland Issue Commissioner Persis expressed agreement with Commissioner Boyle’s concerns regarding the wetland issue and welcomed a discussion on this topic. Code Enforcement Issue Commissioner Persis questioned the status of the code enforcement problem at 3 Alexander Court. Mayor Hood stated Mr. Miller has met with the owner several times regarding the problem, and Mr. MacLeod advised he met with the owner this afternoon on the matter. Consolidated Tomoka Acreage Commissioner Persis advised that Volusia County is attempting to change the land designation on 1,100 acres of Consolidated Tomoka land on State Road 40. Mr. Ervin verified notice was received from the Volusia County Growth Management Department that there is a proposed land use amendment on a parcel of land south of SR 40 and west of I-95 from Forestry Resource and Agricultural to Urban Low Impact, which increases the number of residential units that is developable from 280 to 2,800. He advised staff has sent a letter stating concerns pertaining to the natural resources and the impact in the area. Mr. Ervin stated he had recommended to the County that the County, City staff, and the property owner work toward a more reasonable land use category based on the holding capacity of the property. Commissioner Persis recommended staff attend the Volusia County meeting. Mr. Ervin stated he will attend the Planning and Land Development Review Committee meeting on behalf of the City to reiterate the City’s concerns, and he will keep the Commission advised on the status of this item. "Read Across America" Commissioner Persis expressed appreciation to Commissioner Irvin for attending Tomoka Elementary to read to the students on "Read Across America Day." He stated the students were very pleased. Bike Week Safety Commissioner Persis asked everyone to take extra care in driving during Bike Week. Congratulations to Commissioner Irvin Randy Hayes, City Attorney, congratulated Thelma Irvin on her election as the new Zone 2 Commissioner. Charter Changes Mayor Hood asked that the Charter changes Commissioner Boyle had mentioned in January be placed on the March 17, 1998, City Commission agenda for discussion. Welcome to Commissioner Irvin Mayor Hood welcomed Commissioner Irvin and stated he looks forward to working with her in the future. Item #11 - Close The Meeting The meeting was adjourned at 8:20 PM. |
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