City Commission Regular Meeting

1 MINUTES City of Holmes Beach City Commission Regular Meeting September 24, 2024, 5:00 p.m. Patricia A. Geyer Commission Chambers 5801 Marina Drive, Holmes Beach FL 34217 Present: Commissioner Diggins, Commissioner Kerchner, Commissioner Morton, Commissioner Soustek, Chair Schaefer Staff Present: Mayor Titsworth, City Attorney Augello, Deputy City Clerk Lowe, Chief Tokajer, Director of Development Services Minor, Superintendent of Public Works/City Engineer Kamiya _____________________________________________________________________ 1. Call to Order; Welcome; Pledge of Allegiance; Moment of Silence Chair Schaefer called the meeting to order at 5:01 p.m. 2. Roll Call 3. Commission Comments and Ex-Parte Communication Chair Soustek Attended the September 18, 2024, Special Magistrate Hearing and was impressed by how the Code Compliance and Building Department staff handled the different cases. Commissioner Diggins He informed the signs for the zipper lane on Manatee Ave are now up to help with congestion. Chair Schaefer Chair Schaefer attended the September 12, 2024, ManaSota League of Cities meeting. Report attached. 4. Mayor's Comments Mayor Titsworth provided an update regarding the Manatee County Emergency Operations Center as Hurricane Helene approaches. She noted that the County plans to shut off the water the following evening, and storm surge is expected for the area. Chief Tokajer provided the following updates:  The County would announce a mandatory 10 a.m. evacuation order for Evacuation Zone A the next day, which includes the entirety of Anna Maria Island.  Hurricane Helene had moved further west.  Sandbags, with proof of residency, were available at the County public beach and on Flotilla Dr. by the pickleball courts.

2  The City will post updates on its Website and the City and Police Department's official Facebook accounts as the storm approaches. 4.a Proclamation - Florida Climate Week Mayor Titsworth read the proclamation. 5. Minutes Approve August 27, 2024, Work Session Minutes as written and Approve September 11, 2024, Minutes as amended. Moved by Commissioner Morton Seconded by Commissioner Kerchner Motion Approved 5.a August 27, 2024 - Work Session 5.b September 11, 2024 - Special Budget Meeting The City Commission made the following corrections:  Page 1 - change 2.5% to 2.93%.  Page 3 - Commissioner Soustek clarified her point regarding the General Fund and department budgets. 6. Comments By The Public None. 7. Unfinished Business None. 8. New Business 8.a Public Hearing - Resolution 24-09 - Site Plan, Outdoor Dining & Special Exception Request - The Doctor's Office @ 5312 Holmes Blvd. Applicant: Mr. Thomas (Sean) W. Murphy Deputy City Clerk Lowe administered the oath to those wishing to speak. City Attorney Augello read the Ordinance title. Director of Development Services Minor reviewed his staff report. The applicant is proposing to modify the current site plan, special exception, and outdoor dining approval received under Resolution 22-16 to increase seating to accommodate a total of 120 (50 indoor/70 outdoor) seats. To address the parking needs for the additional seating, the applicant also requests a special exception approval to utilize 17 off-site parking spaces at the property addressed as 5343 Gulf Drive (Holmes Business Center). Staff recommends approval of the site plan with conditions. City Commission discussion included:  The parking agreement and how it correlates to the approved seating. Director of Development Services Minor informed the parking requirement is met and spread out over three parcels.

3  How parking is calculated and the different modes of transportation used by visitors and residents.  Recognition of Mr. Murphy's contributions to the Island community, including his prior involvement with the St. Patrick's Day Parade and the uniqueness and quality of his restaurant.  Mr. Murphy noted that the garden space could host events for municipalities and local charities and allow people to eat lunch there while The Doctor's Office is closed.  Valet parking. Chair Schaefer opened the Public Comment. City Attorney Augello informed the public that each member of the public wishing to speak has a five-minute time limit. Public Comment Margie Motzer, 305 56th St, read her comment into the record (attached to the agenda packet). She noted that there have been seven special exceptions within a 1,000-foot radius of the City Hall and City Center over the years. All these businesses were allowed a significant increase in seating with parking spread out over various properties. Ms. Motzer was also concerned about the illegal occupancies as The Doctor's Office was approved for specific seats, but the Business Tax Receipts (BTR) show a larger number. She noted that in 2016, when the City approved Mr. Murphy's prior request the Resolution was not recorded with the County within the required time limit. Instead it was recorded four years later. She stated that Mr. Murphy's application was submitted for financial reasons. She felt that several businesses are suffering financially and could benefit from economic assistance but may not have the liquor license to do so. She felt approval of this request would be a detriment to the island's character due to the intensity and density of the request. Carol Whitmore, 8324 Marina Dr, has known Mr. Murphy since 2015 and appreciates Ms. Motzer’s comment, but felt intense use should be allowed in the commercial area where The Doctor’s Office is located and Mr. Murphy had met the requirements for the special exception. She noted if down the road this does not work, Code Compliance will receive complaints and Mr. Murphy will be cited. Frank Guildner, 503 77th St, owner of property close to the restaurant, observed that if parking is a problem, the Holmes Beach Police Department handles it. However, he believes Mr. Murphy is doing a good job. He understands that being close to a commercial district means there will be more activity in the area and noted there has never been a problem in the past 30 years. He stated he is in favor of the City approving Mr. Murphy's request. Mr. Murphy rebutted that he is not doing anything demeaning to the city's character. He felt his business has done a lot for the community. He believes Anna Maria Island continues to be the best place to live and is proud to be a part of it. Chair Schaefer closed the Public Hearing. Moved by Commissioner Morton Seconded by Commissioner Diggins Resolution 24-09 was approved for Adoption.

4 Motion Approved 8.b Public Hearing - Resolution 24-10 - 3 Unit Multi-Family @ 5620 Gulf Drive Applicant: Robin Weedman, Beacon Home Design City Attorney Augello read the Ordinance title. Deputy City Clerk Lowe administered the oath to those wishing to speak. Director of Development Services Minor reviewed his staff report. The applicant is requesting site plan approval to redevelop an existing two-unit dwelling (duplex) to construct a new multi-family dwelling (tri-plex) at the property located at 5620 Gulf Drive. Due to the property being located seaward of the Coastal Construction Control Line (CCCL) the application will require review and permitting through the Florida Department of Environmental Protection (FDEP). In addition, the property will require a major site plan review per the City's Land Development Code. Staff recommends approval with the condition that a building permit for the site improvements be applied for within 180 days following approval. City Commission discussion included:  Impervious pavers.  The history of the A-1 district and why the applicant was not allowed to rebuild a duplex.  Director of Development Services Minor noted that when the A-1 district was created, larger lots were forced to build multi-family homes while others could develop as multi-family or duplexes. The property, based on its size, did not fall under that change.  The process to change the A-1 district development requirements.  If the applicant’s request is denied, the building permit will also be rejected. If the request is approved, the applicant must apply for a permit with the City and FDEP.  Chair Schaefer noted that the applicant stated they would remain a private property and not a rental property. He noted that the City Commission is appreciative of new projects being built as private residences. Chair Schaefer opened the Public Hearing. There being no comments Chair Schaefer closed the Public Hearing. Moved by Commissioner Soustek Seconded by Commissioner Diggins Resolution 24-10 was approved for adoption. Motion Approved 8.c Authorize the Mayor to execute an agreement between the City of Holmes Beach and Mueller Law, PA for Special Magistrate Services City Attorney Augello noted that Special Magistrate Connolly is retiring in February 2025, and the City was looking for a replacement. The City advertised a Request for Proposals

5 but did not receive any responses. The City then reached out to Trask Daigneault, LLP, for possible interested parties and was able to find a new firm to work with. City Attorney Augello noted the proposed agreement mirrors the current one. However, the amount is larger due to inflation, but is fair and reasonable. Discussion ensued regarding:  Whether the amount reflected what was approved in the budget.  A review of Special Magistrate proceedings.  The City’s goal is to educate and bring violators into compliance. Action: There was a unanimous consensus to authorize the Mayor to Execute an Agreement with Mueller Law, PA, for Special Magistrate Services. 9. Announcements  Wednesday, October 2, 2024 - 10:00 a.m. - Parks & Beautification Committee Meeting  Wednesday, October 2, 2024 - Planning Commission Meeting - Cancelled  Wednesday, October 2, 2024 - 5:01 p.m. - City Commission Special Meeting - Final 2024-2025 Budget Hearing  Tuesday, October 8, 2024 - 2:00 p.m. - City Commission Regular Meeting w/Work Session to Follow  Wednesday, October 9, 2024 - Clean Water Ad Hoc Committee Meeting - Cancelled  Thursday, October 17, 2024 - 10:00 a.m. - Code Compliance Special Magistrate Hearing  Monday, October 21, 2024 - 9:00 a.m. - Manatee County Tourist Development Council Meeting - Manatee County Administration Building 10. Questions and Comments 10.a Questions and Comments from Mayor and City Commission None. 10.b Questions and Comments from City Attorney None. 10.c Questions and Comments from Staff None. 10.d Questions and Comments from The Public and Press None. 11. Adjournment The meeting was adjourned at 6:10 p.m. _________________________ Stacey Johnston, MMC, City Clerk

6 _________________________ Minutes Approved