Apologies everyone. We're just coming out of a um council briefing on our communications plan and we had a robust discussion as would be appropriate in a communications plan discussion. Um but thank you. Is everybody here? We've got
everybody. Okay. So we will go ahead and begin our uh regular Monday, June 16th council meeting with our opening ceremonies invocation followed by a salute to the flag u delivered by Mr. Horn. Please rise. Um, good and gracious heavenly father,
we thank you for the beauty of this day. We thank you for salvation that comes through your son Jesus Christ. Lord, I would ask that you would watch over the men and women on this day this evening to give us wisdom. Uh, make us work in a unified purpose towards working towards
the citizens of Jacksonville Beach. and Lord, I would ask that you would watch out for all of our first responders, our police, our EMS providers, our firemen, our lifeguards. Give them your safety, give them your protection as they continue to do their work. Lord, I ask
you watch over our armed forces both here and abroad. And Lord, I would ask that you would put your hand of peace uh also in the situation in the Middle East right now. Lord, we know that peace and safety come through you. In Jesus name we pray. Amen. Amen.
Thank you. This meeting is called to order. Madam clerk, roll call. Council member Golding here. Council member Horn here. Council member Jansen here. Council member Sutton here. Council member Wagner here. Council member
Wowers here. Mayor Hoffman here. Moving on to approval of minutes. Item A. I move we approve the minutes from the regular city council meeting held on June 2nd, 2025. Second. We have a motion and a second. Any discussion? Seeing none, all in favor signify by saying I. I. Any opposed? Motion carries. Item B.
I move we approve the minutes from the city council briefing held on June 9th, 2025. Second. We have a motion and a second. Any discussion? Seeing none, all in favor signify by saying I. I. I. Um I'll ask for a motion to approve the agenda with the uh it was item B under
city manager new business. Correct. That was removed. Correct. Earlier today. So approval of the agenda less that item. Uh I move that we approve the agenda minus item B under city manager new business. Second. We have a motion and a
second. Any discussion? All in favor signify by saying I. I. Any opposed? Motion carries. Council announcements. Council member Golding. Thank you, Mayor. Um, just want to um
thank our city manager, Mike Stapopoulos, for the presentation he did a few weeks ago at the beaches watch meeting, the good and the bad of the 2025 legislative session. Um, it was a really good u presentation about the
bills that passed and the bills that didn't pass. And if anyone wasn't able to be at that meeting, you can see the video of the meeting at beacheswatch.com. Um, and uh, Mike did a really, really good job of
providing information about how um, the loss of property taxes would impact our municipality and the ability to provide services to our community, which is a really big issue. So, thank you, Mike, for that, for doing that. I think you
did a really great job. Um, also want to shout out to our Jackson Beach Police Department who this past Saturday did a gun safety awareness event. And u, for those who may not know, June is gun violence awareness month and the goal of
gun violence awareness month is to promote safe firearms practices. This was the first time our police department has done it and very grateful that they did host the event and if anyone was not able to be at that event. Uh just want to let you know that the police
department has literature about uh gun safety in the lobby that's there all the time. Um and so please stop by the police department and pick up some of that literature if you're so interested in doing so. Um, also want to let
everybody know that there's a Junth celebration that is Saturday, June 21st from 5 to 8:00 PM at the Roa El Martin Cultural Heritage Center. And um, that's always a really good event. So, I encourage you to to go out and support
to support that. Um, and then uh, last but not least, there will be a beaches police panel on Wednesday, July 9th at 700 p.m. at the Beaches Branch Library. This is a annual program hosted by beaches watch. Um but all the three uh
beach police chiefs are will be there and they'll be talking about each of their departments. It's a great opportunity for the community to hear from the police chiefs and learn more about what's going on, the issues that our police departments are dealing with
and how citizens can support them. Thank you, Mr. Jansen. Yep. My family and I got to uh go out Saturday and enjoy the second annual country fest. It was uh a really good time. It was a good lineup of uh
talent. And um I just want to thank our parks and recck and everyone that was involved in from the city staff that put this uh event on. It went on without a hitch. The police department did an amazing job and we had a really really good time. So uh if you missed it this year, catch it next year for the third
annual one. And that's all I have to add. Thank you. Any other council announcements? Seeing none, moving on to court uh sorry, courtesy of the floor. We do not have any cards that are not attached to an agenda item. So, I'll move to consent agenda. I move we approve the consent
agenda. Second. We have a motion and a second. All in favor signify by saying I. I. I. Any opposed? Motion carries. Presentation of public engagement award from the Florida League of Cities. Take it away. Another
fabulous award. Oh, turn it on. Yeah, there you go. And you should know that there are not very many cities who have won multiple municipal achievement awards. So, congratulations to the work of you and your staff.
I open it now. fingerprints. I already saw a picture with former council member Mesa holding that award, so I'm pretty sure there's fingerprints on it. That is lovely. So, good evening, mayor, council
members, manager, staff. My name is Chris Holly and I am your director of member services and training at the Florida League of Cities. And for those of you who are not familiar with us, the Florida League of Cities has represented Florida's 411 cities, towns,
and villages for more than a century. And in our founding, our mission has remained the same to protect local decision-making and that we believe local decisions should be made by those who know their community best. I want to begin by thanking the city of Jacksonville Beach for being committed
and valued members of the league. And since 2009 when we first started doing this Florida Municipal Achievement Award program, um we have recognized exceptional work of all of Florida's cities, towns, and villages. And this program highlights innovative and
impactful initiatives across four prestigious categories. for those that were not aware, economic advancement, environmental stewardship, local action, and the award that I'm here tonight to present, the public engagement award.
The public engagement award focuses on a city's program that builds a more vital participative community. The program develops civic awareness, increases education and knowledge of local government functions, or promotes active participation among residents,
businesses, and visitors. This year's recipient, the city of Jacksonville Beach, is being recognized for your program, Take Two Tuesdays, which, if you also weren't aware, I was honored to participate in when you all came to Tallahassee for our legislative action
days. So, this weekly two-minute video series delivers timely and easy to understand information on city topics from lifeguard recruitment to code enforcement, all through social media. Each Tuesday, a new video is posted
featuring city staff, elected officials, community partners, or a random guy in Tallahassee. All aimed at increasing transparency, education, and engagement with your public. With more than 60,000 views and
consistent public interaction, the lowcost and in-house series has become a trusted platform that connects residents with their local government in a clear and consistent way that meets today's communication challenges with authenticity and clarity.
Rather than rely on traditional media or maybe long council meetings, the goal of Take Two Tuesdays is to meet the people where they are on social media platforms. They can access um this information on their lunch break or during a quick break. As noted in their
nomination, and this is a quote, at its core, Take Two Tuesdays isn't just about sharing information. It's about reinforcing trust. In a time when many residents feel disconnected or skeptical with their forms of government, this video series puts real people on the
screen, speaking plainly and answering questions in an inviting feedback method. The program is a testament to the city of Jacksonville Beach's leadership and the excellence of your staff. Your work is not only effective, it's
inspiring. The Florida Municipal Achievement Award is the league's highest award to our cities. The city of Jacksonville Beach's nomination was an excellent one and the city's effort in engaging your community have been phenomenal. In addition to the trophy
presented today, the city will be featured as a winner on our website. They will join me in our uh monthly webinar series. You will also be featured in the league statewide quality cities magazine. On behalf of the
Florida League of Cities and our 411 members, I'm honored to present you with the 2025 Florida Municipal Achievement Award for Public Engagement. Congratulations. [Applause]
We didn't really discuss who was I'll I'll come down. I'll stand in the photo op, but Jacob definitely needs Congratulations. Congratulations. [Laughter] Congratulations uh to our communications
department, Mr. Board. Um well earned and uh it's apppropo that it came just after our um communications presentation. And I like there was one point in the in the summary that said the best videos are one to three minutes. So, you nailed it. Um, but they
really are fun. They're engaging. I know that we all hear from people about them. Um, it's it's mostly just just really interesting, fun topics and even if they're a little bit heavier, they're presented in a really light-hearted um and informative way. So, I think um you can take something away from all even
us. I think I'm learning um from each one as well. So, thank you for the time and the uh innovation behind it and thank you to the League of Cities for the recognition. All right, moving on to city manager new business.
We have uh item A, Taylor Mobs. Good evening, Taylor Mobs, CRA coordinator. Uh tonight we are seeking approval for a mural on the pier parking lot restroom exterior. This mural will wrap um all four sides and uh for this
call we specified local artists would uh be evaluated and we define local as the three beaches. So Atlantic, Neptune, J Beach. Um the art committee actually for the first time they've always had when they're picking their top three to five will always be the same, but the order
is usually different. Uh and for the first time, every single member's top candidate was the exact same. Um, so it was quite a short meeting and a pretty easy decision. Uh, this is from artist Michael Kulick out of Atlantic Beach and I am happy to answer any questions you
may have. Thank you. Can we have a motion? I move we award the mural for the pier parking lot restroom exterior to artist Michael Kulik and their concept brought together by Salt and Sky. Second. We have a motion and a second. Questions or comments from council? Miss Gold?
Um, Taylor. So I I don't know. It was probably one of the other ones. Yeah, that one. Um, so I noticed that the the mural is on the doors. So, can you tell us how is that going how is that going
to be done so that the mural doesn't over time doesn't end up not looking so good on the doors? Yes, I actually can. And I asked this art the artist actually this morning that question um specifically. And so for longevity um
his current approach is to utilize a specialized Sherwin Williams enamel paint or it's referred to as a hard paint in the industry. Uh the product line emerald is recommended by the manufacturer for highintensity wear and tear scenarios such as doors and places that will frequent touching and
handprints. Um paired with this the color maintenance manual uh that was a part of the proposal I believe in your packet. Um it helps us with our maintenance crew to be able to if we do need little touch-ups. Um I don't know if you saw I think it was maybe the last page of the proposal. It's almost got a paint by numbers design. And so we'll
have a record of what colors are used. And so if it gets to a place where you know a hand is frequently pushing on that door, we'll have that color match and we can go in and relatively easily touch that up. Okay. And uh for example on the Seawwalk
Pavilion a few months back something hit and damaged a decent sized chunk um on the mural and because we had the same thing we kept the paint colors and the paint from that artist we were able to go in our parks uh maintenance crew was phenomenal. They patched it and painted it and you couldn't even tell. Well
because I I mean it so as far as council member Golding I'm sorry let me let let's take a quick pause to make sure that we are back online and reset reboot. Everyone, take a deep breath. Make sure that we're live streaming because I know that this is a topic that's um of a lot of interest. We're
okay. Welcome to your first meeting as solo city clerk, Miss Alliger. I can't remember the last time we've lost power in here, but Okay. I'm sorry. Go back to your next question. Okay. Thank you.
Uhuh. Oh, okay. Um, so anyway, but is it cleanable? Because I would think that the doors are something that need to be cleaned. Um, absolutely it is cleanable. Uh, this paint, they call it a hard paint. It has something to do with the type of enamel
that actually goes over the top of the surface. So, it makes it where it's easier to wipe down, whereas if we were wiping, you know, your regular wall paint surface over time, that's going to wear. Um, this is intended for surfaces like that. Um, we'll also explore some different uh UV coats that would go over
the top of it. We already coat all of the murals, but there's also special coating we can do on those doors because they are metal. And we've been consulting with parks and wreck department and our chief of parks maintenance and kind of with what they've seen because we do regularly repaint the doors and have to clean them. So, it's kind of been a
collaborative effort. Um, but we feel pretty confident that we'll be able to have them match the rest of the mural and then when they do start to wear down, we'll be able to relatively easily um, fix that and update them. Okay. And I just want to say I really love it and
I can see why the the art advisory committee was unanimous on it because it it it's really great. I love it. Thank you. Yeah. Thank you. Any other questions? I was I was gonna say I I didn't love it as much as some that I saw leaked out down on social
media um until I read the narrative and saw kind of the thought process behind it. I it seems like it was really thoughtful um and I think it's going to be beautiful and it's just going to be one more addition to finally kind of turning around the look of the pier parking lot which I'm excited about. We spent some time out by the um east
facing mural on this on the pavilion this past weekend at the second annual J Beach Countryfest and there's a huge chunk out of the dolphin side of it. Is are we on kind of regularly eyeballing these things and and maintaining them and do did we get a paint by number from that artist? Is this something that
maybe we'll kind of work into the plan going forward? We will um with that artist actually was the first one where we started keeping the stock numbers of what paint they're using and we actually I think still have leftover paint from the last time that same that same patch
of Stuckco was damaged. So I believe we still have the paint for that but I will confirm with um well there's like a I don't want to get too far in the weeds but I'm going to there's like a a chunk of paint off but then there's the side where it kind of got looks like it got hit. So the stuck is actually off. This was just the paint. But I'm glad to know that we're keeping track of those Sherwin Williams paint codes and not
just Yes. leaving them on the lid like they are at my house. Um, any other questions or comments from council? Madam clerk, roll call. Council member Golding, yes. Council member Horn, yes. Council member Jansen, yes. Council member Sutton, yes. Council member
Wagner, yes. Council member Waters, yes. Mayor Hoffman, yes. Okay, we are skipping item. Well, the new item B is in regards to uh Florida League of Florida League of Cities. Um we have both the annual
conference this summer and uh delegate delegates to a delegate to the conference as well as the U policy committee. So, we'll take them one at a time. Um and we'll start with the uh Do you have anything to say on this one? Or I'm sorry, Molly, do you have anything
to say on this one besides Okay. similar to anytime we've had council authorized travel in the past. We just need if you are able and willing to go to any of these um please do you want them to raise their hands? Yes. So what we'll do is for um the
summer conference that is happening August 14th through 16th if you are planning or would like to attend um just go ahead and flip your lights on. Golding, Jansen, Wagner, Horn, and Sutton. I don't know why I said it like
that. Sutton, Sutton, Bruce, Wowers. Um, I will say, uh, it's better to go ahead and say yes now um because it's easier to cancel, but if you do need to cancel, please let our future assistant
to the city manager know in a timely manner. And I would also ask that you please turn in your expense reimbursement requests in an equally timely manner on behalf of our yet to be named future assistant to the city manager. Um so we've got everybody but
me. So if uh we can get a motion just clarify. Are you not me? Yeah. Okay. Sorry. Everyone the full council. Uh, I move we authorize the following elected officials for travel to the Florida League of Cities annual conference August 14th through the 16th,
2025 in Orlando, Florida. Council member Golding, Jansen, Wagner, Wowers, Horn, and Sutton. Actually, go ahead and add me because I I should just follow my own advice because it's our Mayor Hoffman. Thank you. Just going to listen to my own advice. We have a
motion and a second. Any discussion? You can flip your lights off unless you have a question or comment. Mr. Horn. Madam clerk, roll call. Council member Horn, yes. Council member Jansen, yes. Council member Sutton, yes. Council member Wagner, yes. Council
member Waters, yes. Council member Golding, yes. Mayor Hoffman, yes. Motion carries. The next one would be uh the voting delegate for the Florida League of Cities annual conference, which would traditionally be me unless I end up not going. So,
I guess we'll make the motion as me with can we say Mr. Jansen as the backup. That would be great. All right. I move we authorize the following elected official as a voting delegate at the Florida League of Cities annual conference. Mayor Hoffman and Council Member Jansen. Mayor PM as a
backup. Second motion second. Any discussion? Madam Clerk, roll call. Council member Jansen. Yes. Council member Sutton. Yes. Council member Wagner. Yes. Council member Wowers. Yes. Council member Golding. Yes. Council member Horn. Yes. Mayor Hoffman. Yes,
motion carries. And then the next item is the uh League of Cities policy committees um which are meet in Orlando. And I think we have everyone participating on a policy committee except for myself and Mr. Wowers. Is that correct? Yeah. Okay. So, can you go ahead and make that motion? I move we
authorize the following elected officials for travel to the Florida League of Cities Policy Committee meetings in Orlando, Florida. Council member Golding, Jansen, Wagner, Horn, and Sutton. Second. We have a motion and a second. It's not just because you're here, Chris. We are always this active
with Florida League of Cities. Um, we have a motion and a second. Any discussion? Madam clerk, roll call. Council member Sutton, yes. Council member Wagner, yes. Council member Waters, yes. Council member Golding, yes. Council member Horn, yes. Council member Jansen, yes. Mayor Hoffman, yes.
Motion carries. All right, moving on to our first ordinance. We have planning director Ireland. Thank you, Mayor. Heather Ireland, planning and development director. Uh so, ordinance uh 8221 is the final
adoption of the comprehensive plan amendment uh to adopt the updated water supply facilities work plan. We received uh no comments back from any other reviewing agencies. Just some technical comments back from the water management district, a date I had a typo in, and a
policy number I also had a typo. Um and just some clarification on a couple of projects. So happy to answer any questions, but again the state agencies were all fine with our update. Um once this is adopted, we send it to the state for their files and then we will make the changes in the comp plan, which is
really just the dates on one of the policies and then update the um upload the updated document onto our website. So happy to entertain any questions you might have. Thank you, Miss Ireland. Madam Clerk, will you read the ordinance by title, please? An ordinance of the city of Jacksonville
Beach, Florida, adopting amendments to the Jacksonville Beach 2050 comprehensive plan for the purpose of adopting the updated 10-year water supply facilities work plan in order to comply with chapter 163.3177
6C3 Florida statutes amending the portable water sub element of the comprehensive plan providing for severability repeal of conflicting ordinances, scrier's errors, and an effective date. Thank you. This ordinance for the amendment to
the text of the 2050 comprehensive plan is before this council for a public hearing and adoption on its second reading. Under the laws of the state of Florida, an ordinance which changes the text of any element of the city's 2050 comprehensive plan is a quasi legislative proceeding. A quasi legislative proceeding means that a governing body is acting in its
rulemaking capacity. It is the duty of the council to arrive at sound decisions regarding proposed changes to the text of the adopted 2050 comprehensive plan. This includes receiving citizen input input regarding any proposed text change. The application has been reviewed by the staff and the planning
commission for consistency with other portions of the comprehensive plan. The council may hear from all interested parties in the legislative determination of an amendment to the text of the city's 2015 comprehensive plan. The council's decision on a comprehensive plan amendment application is based on the criteria set forth in Florida
statutes. I will now open the public hearing on ordinance number 2025-8221. We already heard the staff presentation. There is not an applicant. Um we can now hear um from any speakers. We do not have a speaker card. Would anyone like
to address this ordinance? All right. And we'll close the public hearing. And can I have a motion? I move we adopt ordinance number 20258221 on the second reading to adopt the updated 10year
10-year water supply facilities work plan as part of the adopted 2050 comprehensive plan. Second. We have a motion and a second. Is there any discussion? Madam clerk, roll call. Council member Wagner. Yes. Council member Wowers. Yes. Council member
Golding. Yes. Council member Horn, yes. Council member Jansen, yes. Council member Sutton, yes. Mayor Hoffman, yes. Motion carries. The final ordinance is the second reading. Do we have any updates from staff? Yes, ma'am. Uh, so at the first reading
of the ordinance, we had some discussion around um some proposed conditions. There were no motions made. So I did take a stab at trying to um capture the intent of council in the conditions. If you will uh with that said there there
are no changes to the actual project. That all remains the same. The applicant um and the their agents are here to answer any project related questions. But I want to focus on the two conditions that we added to the ordinance. Um if you recall, we discussed either adding it to the
narrative or adding it to the ordinance. Legal counsel said either way is fine. So, um, kind of chose the path of lease resistance here and added them to the ordinance easier for everyone. Um, on page two of your ordinance, you'll see under item B, there are two conditions.
The first one is prohibiting the use of bars, nightclubs, taverns, and drinking establishments, which is already prohibited in the narrative um, and not listed under allowable uses. So, this is just kind of uh, the third opportunity to make that. I would like to um propose
a slight addition to the first condition which would be uh to include that those uses are prohibited if they are not associated with a hotel. The state does allow certain special licensing for hotels if they have over a certain number of rooms. Um they are allowed by
the state to have an internal bar for that particular hotel. You'll see that you know when you travel around. Um and then in under condition um B, employees of commercial tenants located within the redevelopment will not be prohibited from parking within the structured
parking. Um I spoke to uh Councilman Wagner about this earlier today just for him to get some clarification. So I would like to propose some alternative language that um was provided to us by the applicants agents. Um, and I'd be happy to reiterate these for the motion
if needed, if you guys are immenable to these. Um, so an alternative condition that I would like to propose would be that employee employee parking will not be restricted from available spaces within the parking structure. I think they say the same thing, but uh they
kind of hit the same intent, but we want to make it as clear as as possible. I know we discussed not limiting it or putting a number or percentage on it just because they have they don't know at this point in time how many employees they might have. So again, those are staff recommendations um aside from
what's in the ordinance. So happy to entertain questions and and have some discussion on those. Thank you, Miss Ireland. Madam Clerk, will you read the ordinance by title? Sorry, I'm having deja vu. We didn't do this one yet. Right. Right. Okay. Go for it. An ordinance of the
city of Jacksonville Beach, Florida, establishing a redevelopment district RD zoning district within the city of Jacksonville Beach, Florida as provided under chapter 34 of the code of ordinances of said city, providing for repeal of conflicting ordinances,
severability, and an effective date. Thank you. This ordinance for the reszoning of property before this council is before this council for a public hearing and consideration on its second reading under the laws of the state of Florida. An application for the resoning of specific property or developments development site is handled
as a quasi judicial proceeding. A quasi judicial proceeding means that the city council is now functioning in a manner similar to a court where 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 a resoning
application is based on the criteria set forth in section 34-538 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 and the staff and planning commission's recommendations on this resoning request. I will now open the
public hearing on ordinance number 2025-8224. Does the applicant have a presentation to add? Thank you so much, Cindy Trimmer, one independent drive sweet 1200. On behalf of the applicant, as Heather mentioned, there are no changes from the presentation that was made at the last
hearing. We've worked closely with her to try to craft conditions that we think cover all of the concerns. Certainly heard those loud and clear and have no problem with the conditions as Heather Red has amended and were available to answer any questions. Thank you, Mr. Trimmer.
We have uh two speaker cards. I will begin uh with Roger Whiting. Come on up. Hello. Roger Whiting, 11:03 Second Avenue North, Jacksonville Beach, Florida 32250. U got a couple concerns. As you know, I
was concerned about all the shadowing, the all that. Um so from my understanding, we're going from a a zoning that allows full coverage of the property to a zoning that requires a 10-ft rear setback, but there's no
reasonzoning application anywhere or not resoning, excuse me, zoning varants for the 10-ft setback, which happens to be on Second Street where the garage empties. I've almost been hit twice
walking past one of the other ones where the garage empties right across the sidewalk with with only six ft of space to the road. The door goes up and here comes the car. You're taking a step. That's it. There's no way to see from
inside that garage, anyone on that sidewalk. That setback would allow much more safety for people with children, dogs walking down that 4 foot wide sidewalk. That is impossible to see if you're in a
vehicle coming out of a garage. Second concern is the way some of the hearings were scheduled and not scheduled noticed possibly not noticed that people weren't able to attend. I don't think that was
fair or right to the people. Thank you. Thank you, Mr. Whiting. Mr. Braun, apologies. The clock isn't working or I can't get it to work. So, we will let you know if you come up on three minutes. I don't have much to say. Okay. I had no idea what I was uh what this
whole thing entailed last meeting when I spoke. But the public has various views about downtown development. You can talk to different people, get a lot of different opinions and ideas, but one thing is 90% agreed on. It was proven on
a vote two years ago again that we wanted under 35 ft. Now, anyone who wants to develop above that is not concerned with Jack's speech but only their own interests. This being the case,
why are we considering further variances for this for this development? For one thing, if we don't reszone it to a redevelopment district, they're not likely to build up to 59 ft.
But even if we do allow for that, why are we allowing all the additional variances? The lack of setbacks, like he said, are dangerous. Um, and there's a lot of conflicting information in this ordinance
with the uh Florida future land use like 1.3.7. If this is being followed, then variances are not appropriate. in the FLU 1.3.5 desired community
character not impinging on so many code limitations is more appropriate and at the top of my concerns is the uh FLU number one smart growth enhancing quality of life and safety like
balconies up to 10 feet over the public right of way and like the previous speaker mentioned that lack of setbacks on the uh perimeter of the of the complex. I think we should uh just deny this all together and let them develop.
If they have the variance for 59 ft, build what you're going to build. But we making more um variances to this is just impinging on the the atmosphere of that particular part of the neighborhood. Anyway, thank you. Thank you, Mr. Brun.
Would anyone else like to speak either for or against this item? Seeing none, oh, I'm sorry. Would the applicant or staff like to respond to any comments? Seeing none, public hearing is closed. Before requesting a motion on this ordinance, beginning with myself, each of the members is requested
to indicate for the record whether the members the member has had an exparte communications on the matter, and if so, disclose the names of persons and the substance of the communications. And next part communication refers to any meeting or discussion with a person or citizen who may have an interest in this decision which occurred outside the
public hearing process. Written exparty communications whether sent to one member or all members do not have to be disclosed on the record but must be made a part of the record by sending or forwarding them to the city clerk. I have had none. Mr. Sutton none. Mr. Horn? None. Mr. Wowers? None. Mr.
Wagner? None. Mr. Jansen? None. Miss Golding? None. Thank you. and we'll go ahead and get a motion. I move to adopt ordinance number 20258224 on the second reading for a reszoning property located at 1026th Avenue North from
central business district CBD to redevelopment district RD for a mixeduse project. Second. We have a motion and a second. Mr. city attorney. Uh for clarification, the motion maker is that with the changes to section 3B as detailed by staff during our
presentation as detailed by staff during the presentation. Thank you. That's second. All right, we have a motion and a second. 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. We'll open the floor for council discussion beginning with Mr. Horn.
Mayor, um, your mic's not on. Sorry. There we go. Can you hear me now? Um, I guess a couple of things to kind of comment on one of the things that came from Mr. Brawn in regards to the height. Um, if I'm incorrect, please, you know, fill me
in there, uh, um, city manager Mike Stapopoulos, but this is a property that was grandfathered in with the ability to build to that height. So, there is really not a lot that we could do. There's not Well, there's nothing that we could do because it is just it's under an older code or code or statute
or whatever it is. What's the word I'm looking for? Vested rights. Vested rights. Okay. So, vested rights. So, they have the they have the right to build to that height. Again, obviously I voted against a 35 uh you know, anything over 35 ft a long time ago, but at the same time, we cannot preclude the applicant from from going to that
height. Um, in regards to um and I I just I wanted to throw that out there for the public. Um, in regards to um couple of things. So, first off, looking at the the changes, I don't know if this is a Heather question or if this
is the applicant question. I guess two things. The um you said employee the the parking is not restricted. Are we changing the word prohibited to restricted, but it will not be restricted from parking within? Is that the is that all we're doing is just a semantics? Yes, sir. That's our
recommendation. We just were trying to make it as as clear as possible. Okay. And then the other the other part that came out of this is that in the case that a hotel goes in and obviously there are multiple other hotels in the beaches area and every hotel is going to have a restaurant, every hotel is going to have
a small bar. Um is there anything how do we determine what the size of if there is a you know a it says it says prohibited use bars, nightclubs, taverns and drinking establishments. Having said
that, you know, Spring Hill Suites has a a place where you can eat and have drinks and look at the ocean. Margaritavville has the exact same thing. Uh because that is an option for them under their hotel usage. H what is the limitations? How do we know like
what the size of this? Is there a is there a state statute that says based on x number of hotel rooms you can have this large of please? Yes, there is. And I I don't have that in front of me, but I believe and maybe Cindy knows better. I think it's a hundred rooms. um they can have a full-ervice restaurant just
like Karavas for example, full service restaurant with beer, wine, and liquor. So that would be part of their hotel licensing should they choose to do that. So that again kind of goes back to our recommendation of we don't want to prohibit a hotel from being allowed what
they're allowed to do by statute. Um so this really more is geared towards those standalone bar establishments that those are prohibited from the site. Are there any statutory regulations that say okay if you have a 100 rooms then you can have a you know 300 person nightclub or
that's you see what I'm saying? No, it and I don't know if um the applicants agents want to jump in. I just don't have that section of the statute in front of me. I don't Cindy's looking it up probably. Um but I do believe it's a hundred rooms. I'm going to let her try to answer that. And based on what I've seen, I know that's not license for like
a full restaurant intent. I don't think that's the intent in any way, but I just I want to kind of make sure that because one of the things that the citizens have said is they don't we have a a number of establishments downtown. Our goal is not to make this into party central have to see businesses come. We want to see, you know, good businesses here. So, through
the chairs and heard that loud and clear. We've sat through the hearings, too. The intent was to make the wording such that a hotel that was obtaining a hotel license, so those uses integrated with a hotel as opposed to an independent user coming in trying to get
their own 4 COP license. So that was the intent. We were trying to draw the distinction that it had to be integrated with a hotel use and licensed as a hotel use. Um Heather's correct. I was trying to find the exact number. I believe it's 100 keys or more would qualify for a
hotel license and then would have to comply with all the parameters of that. I don't think that that gets into a seat count. They don't regulate it that way and I apologize. I don't have those specific parameters. Okay. I just I wanted to ask and make sure that that wasn't something that we were going to,
you know, just be in for. So, thank you, Mr. Jansen. Yeah. Just a quick question for Heather. So, you're recommending that that we add language make a motion to add language to this in maybe a like
a C under B, item B. What do you So, um, or part of A. Yeah. Yeah. Essentially, what I'm recommending is that we amend A, condition A. I probably should have numbered those one and two. I apologize for the the numbering. um that
prohibited uses would include bars, nightclubs, taverns, and drinking establishments not associated with the hotel. So that way that gets to no standalone bars or nightclubs or taverns. But if the hotel is allowed to have one for their state license, I I don't know that we can tell them no. Um
again, we might be preempted by state statute in that regard. So we just wanted to make sure that it was only applied to standalone establishments and not anything the restaurant or that the hotel would do to their internal operations. Okay, I will hold off on making a motion. We already included her language
though in the original motion. So that was what the city attorney was recommending. Yep. And you went along with it and we got a second. So we're so that the language that uh director Ireland Ireland recommended it for both of those items is included in this
motion. U Miss Golding, sorry. Oh, sorry. Were you done Dan? Yes. Okay. Okay. Sorry. Um, so yeah, thank you for that clarification because my biggest concern was to make sure that that retail space would not be, you know, somebody wouldn't come in and put
a bar in the retail space. Understanding that hotels do have, you know, the ability by statute to have bars and restaurants in within the hotel itself. So, I'm fine with that. And I do appreciate I do appreciate the the
language that you've proposed and I'm totally fine with it. I did want to follow up on Mr. Whiting's concern about the entry and exit out of the parking garage for the property. Um, you know,
it does look like there's a fairly decent width from the building to the road where the commercial and public parking entry is, but so that there is perhaps some line of sight as a car is trying to come out of there. But I guess
did anybody, you know, has anybody looked at this as far as like the car's ability to be able to see, you know, people people who are walking and that sort of thing um in this other entry, the the other garage entry through the
chair. Thank you. So to recall, there are two separate entrances off Second Street. One comes into the ground floor, that's the parking dedicated for the commercial use. The second entrance is for the ramp that goes up to the residential or hotel uses. And those are designed the distinction here kind of between standard code and what you have
in front of you is this was designed as a vertically integrated structured garage. So the sight lines and everything that have been designed on here with the architects and the engineers are for a structured parking facility, not a surface parking lot that would require the building setbacks. So those have been vetted by both of those
teams. I brought this back up when we heard future or questions from the last one about it and have been assured that they've all been designed to code in compliance with all of the site triangles. Okay. Thank you,
Mr. Sutton. Um, thank you, Mayor. Heather, will you read your item your recommendation on item B again, please? Happy to. Yes. Um so our our recommendated our recommended
not nobody's saying any words right today just part B of B part B employee parking will not be restricted from available spaces within the parking structure. David is there any distinction between will not be and shall not be?
No. Okay. Thanks. Mr. Wowers. Thank you mayor. Um, I have some questions about the application itself and it's signed by Chris. I don't want to mispronounce his last name. Are you
Miss uh Trimmer through the chair? Yes. Cynthia Trimmer. Okay. Well, can you help me with that, please? I have some concerns. If you turn to page four under number three where it says consistency with
Jack Beach community redevelopment plan and then skip over to page four where strategic priority two public safety objective 2.1 some of your renderings. I I calculate roughly the perimeter all four sides
will be in excess of 800 ft. And if we're talking about four levels of 10-ft balconies, do you think that might create a perception to someone walking by or looking at it that this might be unsafe through the chair? Absolutely not. And
our focus for development has been on establishing a modern downtown ped feel for pedestrians. So we viewed this project specifically with a pedestrianoriented development mindset of activating the ground floor, making
it transparent so people that are walking to and from have that engagement with what's happening inside. Everything that can lever is well above that pedestrian realm. It is intended to both provide shade but also then to serve as an amenity for the building itself. So,
we've balanced those both needs, but they were explicitly designed so that they're well above any experience passing the building at that pedestrian level and certainly are done in a way that is common in an urban environment.
Um, so having the balconies, will this make it uh more attractive to town home purchasers and hotels possibly knowing that they're they they have these balconies that they can use? Will make
the the property more valuable through the chair? It certainly makes it more attractive to a user to have that opportunity to take in the beautiful surroundings of Jack's Beach, if that answers your question. Right. So you'll be able to sell them for a higher price. Say if you put town
homes there through the chair. There's no intention to develop this as a town home community or what were the condos, whatever you were talking about selling through the chair. Yes. A condo or a hotel. Okay. Thank you. And then um so are you
telling me then that these balconies will not be over the sidewalk through the chair? They do can lever so protrude from the building but far above what is considered an appropriate clearance height for anything moving about ground
level. So if somebody like accidentally knocked an ashtray over or dropped a beer bottle, could it potentially land on a citizen or visitor through the chair? That is always a potential concern for any balcony regardless of how far it extends over. Okay. And just
to be clear, the only balconies I'm aware of are on the surfer bar and they're like five feet. We're talking about a total of 40 feet. So we could be talking with four floors as I mentioned, you know, in excess of a th00and feet of this balcony. So as we move forward in
the application to page eight under D at the bottom, RD um zoning district shall comply with the following standards. And then you list your permitted uses and you go on through page nine and 10.
And as I understand this, these are things that are taken either from the CBD or from um the land development code. Is that correct? Through the chair. That's correct. Okay. Well, then when you look at the top of page 11, nowhere in any of our codes does it say
that balconies may be allowed to extend 10 feet over the public right away. Where did that come from? Through the chair. I will defer to your planning director, but that was a conversation regarding uses that have been approved historically within Jack Beach. Okay. I'm not aware of any 10-ft balconies in
Jack Beach, but just to be clear, and I want to make it a record for my colleagues, this is not in in any of our codes. Okay. Thank you. Thank you, Mr. Waters. Miss Ireland, did you have a comment? Sure. Um, there is a
section in the CBD portion of the land development code that talks about encroachments into the right of way. Uh, in addition to that, section 28-9 in a separate part of the code of ordinances not in the land development code, it does allow uh the city to grant easements over the public rightway for
very specific things, fences, parking, landscaping, canopies, balconies, and dumpster enclosures. So, it is covered in the code, just a separate section. Uh, director Ireland, isn't the limit of of five feet included in that code, that one that you cited to me earlier? That,
yeah, that is something that's a little bit different that's in the CBD standards. This is a separate part of the code. So, the balconies would be allowed under that provision and we have had um several pre-application meetings with different city departments. So, public works is aware that this is
something that they will be coming to them to request as part of their project. Just to be clear, so nowhere does it say does it say anywhere 10-ft balconies are allowed? It doesn't give a size parameter under section 28-9. Are there any 10-ft balconies in our city at this
time? Over the ride ofway, off the top of my head, I'm not entirely sure. I know that the um the balconies and overhang the little arcade that's over surfer on the corner and the building that was across the street and then further down where you have Hop Tinger and some of those other buildings. All
of those overhangs and balconies are in the public ride ofway. The width of them I I don't have off the top of my head. Well, M. Trimmer, if I could ask you a follow-up question, would you be amendable to having 10-ft setbacks around the building and then build your balcony over your property through the
chair? That's that level of setback would require an entire redesign of the building footprint and the circulation for the parking garage. So, I don't have authority to consent to something like that tonight. But does anybody in this room have authority to do that through the chair? No. I mean that truly that would be a wholesale redesign of the project that has not come up in any of
the four hearings prior to this. So no, I would not be able to as we heard from some of the speakers, I do have some concerns about how these prior uh presentations all occurred. With all due respect all right, thank you through the chair. They were all noticed and we did have members of the community attend
various hearings. Thank you, Miss Turmer and Mr. Waters. Mr. horn quick. I mean, it says up to a maximum of 10 feet. Is the intent to build to 10 feet or is it do you just have the opportunity to do that? I mean, that's just for my clarification. We're talking
about this and I'm like, okay, is that I mean, are we we I'm just trying to figure out through the chair that portion of the project is still conceptual design. So, they're not final designed at this point. We build in what we think could be the max worst case scenario because you can always do less, but you can't do more.
As I think about this, if I were to look at the the edge of the property comes almost up to the sidewalk there and then 10 feet is going to put you on the first street. So that's what I'm saying like I think that would actually lean out into the actual driving right away which I think would be a little bit more
I don't know in my I just I mean I I I understand like I said yeah we have um areas that are covered. We have surfer, we have other areas. And I I also I understand uh Councilman Wilders's concerns about um you know things coming off of balconies and things like that,
but our beach is covered in um condominiums, hotels, multiple buildings with balconies in a lot of places. And I don't think that obviously, yes, that's always a concern, but I don't think it's as much of a concern. Um I will I will
just comment. I know that um I know a lot of people are concerned about the changes in downtown J Beach as I am as well. I've had a lot of people that have reached out to me um that are actually interested in seeing this project, you know, build. Um people want to see
downtown move along. I remember J Beach, one of my favorite I was thinking about having this conversation the other day. My my favorite place when it would disappear, it brought a tear to my heart, but um was the crab pot. And I'm sure case you guys been around and see a lot of head shaking. I loved that place. Absolutely loved it. And it was so sad
when it went away. And you same thing with the flag py stuff like that from you know years decades ago. But things are going to change. I think that looking at this the way it's designed with an increased amount of um parking
access with the limitations that are set out and making sure that we're not inundating our area with bars and things like that. Um I I I feel that you know this is something that I would be willing to support. Thank you. Thank you Mr. Horn. Mr. Wagner.
One of the things I wanted to ask because we're having a lot of discussions on the balconies and both both of of the folks sitting on either side of me brought up pictures of the balconies and I just don't have them easily accessible. Um, so it looks like there's there's a lot of different views based on which side and we're talking
about them like they're all the same on all four sides. So I'm a little concerned that we may be making assertions um that that need to just be tweaked a bit so that we make sure that we're adequately or appropriately representing these Um, so I think like there's one side
where there's only balconies on the top two floors. There's another where they go down four floors in the conceptual design, but we don't even know at this point in time if all of those will stay on the final. Correct. And through the chair, if you have the presentation in front of you, the site plan actually had
a ghosted dotted line of where those balconies would extend over the bottom floor. And they're all within the confines of the sidewalk. Nothing is extending into the actual travel lanes of the right of way. They are intended to just be within that sidewalk area.
Yeah, I just wanted to kind of note that. So, we might want to go back and look at the Mr. Waters, your light is on. Do you have a revisit? Yeah, thank you, Councilman Wagner. And I I think I appreciate where you're coming from, but let let me just ask the city attorney.
Uh David, if we move forward and approve this ordinance, will the developer have the right to build no balconies or balconies on all four floors? They'll have a right for what's what's
in the application. Um they they know it better than I I I have. They've explained, you know, the maximum they could go to. Um but the ation as presented to you would be what they would be entitled to if you approve it with with the amendment to the ordinance
that's currently on on the floor clarifying the language on the two two additional conditions, but that's what they'd be entitled to. Does that include the the rendering that has four balconies? I would defer to the to the planning
staff who who works on this on a daily basis. They if you don't mind, Heather, I think she could answer your question much better than I could. Thank you. Yes, sir. Um, so the site plan that they have in their application, they they are limited to that. They, like Miss Trimmer said, they can't go outside of what
they've shown. They can always retract back. Um, but they can't do more than what they've been approved for. So, it could be five foot balconies instead of 10. Keep in mind, too, that still requires public works approval and sign off by the fire marshal. So, there's lots more steps they have to go through
um to finalize their design. But through the chair to your point um yes it would authorize them to do balconies on the four floors. That is what is reflected and that image is part of the package. Thank you Miss Turmer.
Mr. Stfopoulos. Uh yes thank you. Um question of clarification for the applicant. Uh you made reference to the fact that you made reference to the fact that there's a dotted line that goes around the perimeter of the site plan that is
labeled as pedestrian shaded prominade area on the graphic. Um does that mean that the extent of the balconies is roughly the extent of the shaded prominade that will also be on the first ground level of the building and that's the extent of
both both the prominade and the balconies would be within that footprint through the chair to Mr. almost there's actually a lighter dotted line. Um the pedestrian shaded prominade is the ground floor and then above that
the balconies do protrude a little bit further than that. So you'll see a lighter dotted line that kind of waves in and out around it. That is the furthest extent possible. Gotcha. Thank you. that is towards the end of their
application package. It is the uh overhead colored site plan. I believe it is sheet uh sheet seven dated March 11th, 2025. Sheet seven is correct. Mr. Jansen,
Mr. Isn't it true also that should you want a larger balcony not to extend beyond the pedestrian shaded prominade that you could actually bring that wall back towards the center of the property instead of pushing the balcony out through the chair? That's absolutely
correct. If we wanted additional square footage, we would have to pull the unit in to put more living space or amenity space on the outside, but we could not extend further into the right of way. So, it's fair to say that what we're seeing here is as far as those as you
explained, the balconies would extend, but if you wanted larger balconies, if you wanted a 15 foot balcony, you'd have to come in taking up the residence instead of extending over the roadway through the chair. That's exactly right. Right. Thank you. Scolding, just for quick clarification, sorry, I
got the same problem everybody else has had. Um, it must be contagious. Uh, so where it says pedestrian shaded prominade, um, I didn't quite understand what you were saying about where the act where
the prominade is versus the, um, balconies through the chair. If you look at the elevations four and five, I think we'll show it pretty well. I'm going to go backwards. So from five, the intent was to make a
corridor that runs along the front of the building that is kind of under a roof to provide even more pedestrian protection from the elements. So the sidewalk is actually wider than just what's open air. It actually extends underneath that prominade up to the
building frontage. So you can kind of see it here, but if you go on to page four, you can see it even better in the cut out over here where the sidewalk actually goes underneath the building. So, we've actually provided more
pedestrian clear space sidewalk than what is the minimum required by code. We've just covered it again to cover those storefronts. But on that same page, um where you can see it, it looks like there is like
overhangs on that first level. Is that correct? That's providing shade in at the entrances to the retail through the chair. That is correct. There's both the under the roof itself and then the canopies. So, are those are
the balconies going to extend out beyond that um promot I guess that that roof or whatever you would call that on the first floor through the chair. Yes. So, you have the solid wall
that is along the commercial frontage. You've got the canopies that come out from that and then on the upper floors you do have the balconies that come out in line with what those canopies are on the ground floor. The two lines that you see on the site plan, the harder dotted
line delineates where this exterior wall is, but again the sidewalk extends underneath that. So you're walking underneath a roof. And then the lighter dotted line shows where the waves for the balconies and the canopies extend further than the prominade. I know all those crazy words. Well, the
prominade is actually the walking space and I was thinking it was the canopies. So, the canopies are are actually going to extend out as far as the balconies would extend out which would ultimately provide protection for anybody that's walking under the canopy from anything
on the balcony through the chair. That's correct. And that that pedestrian shaded prominade hard dark line. So like the the skeleton of that pedestrian area that follows our property line that's not extending into any city property. That's just along our boundary. And again, we've pulled the sidewalk even
further underneath that. So when you're walking along that frontage, you can walk under the covered walkway. Okay. But ultimately that doesn't it doesn't keep anybody from being up on the balcony and throwing something down to that first floor. But then the same could happen at the Metropolitan because
the Metropolitan has they've got residential on the higher floors and with balconies and somebody could throw something down onto the sidewalk from the Metropolitan as well, right? That could truthfully happen anywhere.
Yeah. Okay. Difference being at the Metropolitan. Dur Sutton, would you like to speak? Go ahead, Mr. Sutton. difference being something like the metropolitan there's not a covered I don't think there's a covered prominade so it's wide open at
the on the ground floor Mr. Horner or Mr. Wowers, did you have an additional question? Can you define what a prominade is? Sure. Through the chair when we're using it in an architectural context for something like this, it's a covered
walkway. So, are you committing then because in some of these renderings I don't see a prominade to having a prominade on the three sides through the chair. It does appear in all of them. It it's there's certain angles where you can see it a
little more clearly that the storefront is actually recessed from those arches. This is the rendering I'm looking at. Yes. And that shows the prominade those arches. Is it like an optical illusion?
Then the balconies go over it. So this part of the building is like building this is the You see the space underneath here? No, that's all. No, above it.
And there still I'm sorry. Yeah, just people are walking underneath. Apologies for not having this um graphic up. We'll definitely do that next time. And this just is a reminder of what a difference a second reading. This is why we do second readings. I I don't know if it is legally, but it's a good reason to do
second readings because we see things that we didn't necessarily see on the first. So, I appreciate the thoughtful questions and thank you for the um thorough answers. You clearly know this project. Um I think we've exhausted all the lights on the board. Does anyone have any final questions before we call
a vote? Seeing none, madam clerk, roll call. Council member Wowers, no. Council member Golding, yes. Council member Horn, yes. Council member Jansen, yes. Council member Sutton, yes. Council
member Wagner, yes. Mayor Hoffman, yes. Thank you. And I do think this is an exciting project for this area in particular, and I I do think it's in line with our uh our downtown vision. So, I'm looking forward to seeing this continue to progress. and what the final project is because we know that first
rendering isn't always exactly what what comes but it's nice to know the intention um and the thought that's been put into it. Uh we have no other items on our agenda. Can I have a motion to adjurnn? I move to adjurnn. Second. All in favor signify by saying I. I. Any opposed? Meeting adjourned.