City Council Meeting

City of Gulfport Florida City Council Meeting Notice Tuesday, November 19, 2019 City Hall - 2401 53rd Street South, Gulfport, Fl 33707 6:00 PM AGENDA Call to Order Invocation given by Councilmember Daniel Liedtke Pledge of Allegiance Roll Call Presentations 1. Public Comment 2. City Manager Report 3. City Attorney Report 4. City Clerk Report 5. Consent: 5.a. Consider approval of the Council Meeting Minutes of November 5, 2019. EXHIBIT: Item 5.a - Minutes 11-05-2019.pdf 5.b. Resolution No. 2019-84: Appointment of a Member to the Teen Council. EXHIBIT: Item 5.b - Memorandum.pdf EXHIBIT: Item 5.b - Resolution No. 2019-84.pdf 5.c. Resolution No. 2019-85: Authorizing the City Manager to enter into an Agreement with Advanced Engineering and Design, Inc., for the Town Shores Water Main Replacement Project. EXHIBIT: Item 5.c - Memorandum.pdf 1

EXHIBIT: Item 5.c - Resolution No. 2019-85.pdf 6. Ordinances 6.a. Ordinance No. 2019-18: Second Reading and Public Hearing - Authorizing the City Manager to enter into a First Amendment to the Tower Lease Agreement with Cellco Partnership d/b/a Verizon Wireless. EXHIBIT: Item 6.a - Memorandum.pdf EXHIBIT: Item 6.a - Ordinance No. 2019-18.pdf 7. Resolutions 7.a. Resolution No. 2019-86: Authorizing a Budget Amendment to account for revenues received from FEMA as a result of Hurricane Irma and Hurricane Michael. EXHIBIT: Item 7.a - Memorandum.pdf EXHIBIT: Item 7.a - Resolution No. 2019-86.pdf EXHIBIT: Item 7.a - Resolution No. 2019-86 - Exhibit A.pdf 7.b. Resolution No. 2019-87: Authorizing an amendment to the Enterprise Fund Operating Budget for Fiscal Year 2018/2019. EXHIBIT: Item 7.b - Memorandum.pdf EXHIBIT: Item 7.b - Resolution No. 2019-87.pdf EXHIBIT: Item 7.b - Resolution No. 2019-87 - Exhibit A.pdf 8. Other Council Action 8.a. Public Hearing: Consideration the request of Diane Arthur and James Cowan (Owners), George McCormick (Agent), to appeal the decision of the Board of Adjustment to deny Variance V19-28: To reduce the required separation distance between a principal structure and a detached accessory structure by seven (7) feet, from twelve (12) feet to five (5) feet to allow for the razing of an existing carport and the proposed construction of a new two-car garage with living space above the garage. EXHIBIT: Item 8.a - Memorandum.pdf 8.b. Discussion - Facility Use Policy. 2

EXHIBIT: Item 8.b - Memorandum.pdf 9. Council Comments/Informational Reports 10. Adjournment Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The law does not require the City Clerk to transcribe verbatim minutes; therefore, the applicant must make the necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. Any person with a disability requiring reasonable accommodation in order to participate in this meeting should call (727) 893-1012 or fax a written request to (727) 893-1008. 3

>> EVERYONE FOR THE 11.19.2019. PLEASE JOIN US IN RISING. >> HELLO EVERYONE. A BOOK FROM THE QUOTE OF FREEDOM. IT IS A STRANGE DESIRE TO SEEK POWER OVER OTHERS, AND TO LOSE POWER OVER ONESELF, FRANCES BACON, A PHILOSOPHER WHO LIVED THROUGH, 1560. >> "I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL ". >> ROLL CALL, PLEASE. >> CALLING ROLE. >> FIRST ITEM ON THE AGENDA. ANY PUBLIC COMMENT NOT ON THE DOCKET, PLEASE GIVE US A SHOW OF HANDS. WE'LL GIVE YOU, THREE MINUTES, IF YOU GIVE US YOUR NAME AND ADDRESS, IT WILL BE EASY TO FOLLOW UP. >> [INAUDIBLE] SO I WAS IN WOOD IVY PARK ACTUALLY THIS MORNING, YESTERDAY, ANY WAY, AND THERE WAS A CREW IN THERE THAT WAS AN OUTSIDE, NOT A CITY CREW, BUT AN OUTSIDE CREW, AND THEY WERE TRIMMING TREES ALONG THE BACK WALL, WHEN YOU ENTER FROM 27TH, IT'S NEAR THE GATE TO WHERE THE UM, YACHT CLUB IS FROM THE COUNTRY CLUB ALONG THE WALL, ACROSS THE LITTLE STREAM WE'LL PUT IT IN THERE. A LITTLE DITCH THERE, ANY WAY, IT'S ACROSS THE DITCH, ALONG THE PEOPLE'S BACK FENCES SO THEY WERE CUTTING ANYTHING THAT HUNG OVER THE FENCE. THEY LEFT IT LOOKING UGLY. THEY JUST CHOPPED THINGS OFF, AND THEY DIDN'T DO ANYTHING TO CUT IT IN AN, AN APPROPRIATE AT PLACE. I ASKED THEM THEM, AND THEY SAID THAT THE CITY ASKED THEM TO DO THAT. EVEN THOUGH IT DIDN'T AFFECT ANYTHING. I COULD UNDERSTAND IT IF IT IS ALONG THE PATH, BUT IT'S NOT. AND UM, JUST SEEMING LIKE A TOTAL WASTE OF MACHINERY, AND IT MADE IT LOOK UGLY. PERSONALLY, I DON'T THINK THEY SHOULD GO DOWN THE ALLEY, BECAUSE THEN YOU DON'T HAVE TO REDO THEM SO OFTEN, THEY SHOULD GO DOWN THE REGULAR STREETS THAT ARE MADE FOR HEAVIER VEHICLES, I DON'T KNOW IF IT'S HALF OR THIRD EVER THE CITY. WE HAVE TO PUT OUR GARBAGE OUT FRONT, AND I THINK THAT EVERYBODY SHOULD DO THAT, SO WE DON'T HAVE TO KEEP REPAVING ALLEYS, AND SPENDING MONEY THAT WE DON'T HAVE TO. >> ALL RIGHT THANK YOU. >> ANYBODY ELSE FOR OPEN PUBLIC COMMENT. >> AS YOU ALL KNOW, OPERATION SANTA HAS BEEN AROUND FOR 27 YEARS. AND IT SERVICES HUNDREDS OF CHILDREN IN GOLF PORT. ON BEHALF OF THE BOARD OF DIRECTORS AND MYSELF AND LINDSAY WILSON. WHICH IS 50 PERCENT OF THEIR CURRENT BUDGET. >> COMMANDER? >> THANK YOU VERY MUCH. >> ALL RIGHT FANTASTIC. ANYBODY ELSE FOR OPEN PUBLIC COMMENT? OKAY. SEEING NO ONE, THAT BRINGS US TO THE CITY MANAGER REPORT. >> NO REPORT. >> CITY ATTORNEY'S REPORT. >> JUST FROM THE LAST MEETING AND CLARIFYING THIS ISSUE. AND TO MAKE SURE THAT THE COUNSEL UNDERSTANDS WHAT WE SAID AND WHAT WE WERE DISCUSSING, UNDER CHARTER SECTION 103, UM, DEPENDING ON HOW THE CITY HOLDS PROPERTY DEPENDS ON HOW YOU CAN DIVEST THE CITY'S PROPERTY. WHAT THE CITY HAS, AND IF THERE'S A WHOLE LIST OF REASON'S ADMINISTRATIVE SUPPORT FACILITIES. >> {READING DOCUMENT}. APPOINTMENT -- FIVE C: RESOLUTION NO. 2019-85: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITHADVANCED ENGINEERING AND DESIGN, INC., FOR THE TOWN SHORES WATER MAINREPLACEMENT PROJECT >> MOTION TO APPROVE. >> FIRST AND A SECOND. >> ALL IN FAVOR? >> PASSES UNANIMOUSLY. >> STARTING WITH THE ORDINANCE, 2019, 18. TO THE FIRST AMENDMENT, WITH THE PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS, PROVIDING THE ORDINANCES AND CONFLICT HERE WITH THE CONFLICT PROVIDING FOR SEVERAL ABILITY. >> FOR THE CELL TOWER, BEHIND CITY HALL. >> ALL RIGHT. ENTERTAINING A MOTION FROM CITY COUNSEL. >> SECOND. >> ALL RIGHT. DO WE HAVE PUBLIC COMMENT ON THIS ITEM TONIGHT? >> SEEING NO ONE, ANY COUNSEL COMMENTS OR COMMENTS ON THE SECOND READING? >> NO. WE'LL CALL A VOTE. >> CALLING ROLE: >> BRINGS US TO AGENDA ITEM, 7: RESOLUTION NO. 2019-86: AUTHORIZING A BUDGET AMENDMENT TO ACCOUNT FOR REVENUES RECEIVED FROM FEMA AS A RESULT OF HURRICANE IRMA AND HURRICANE MICHAEL. >> FEMA RELATED TO THE STORMS. >> I HAVE A SECOND. COUNSEL COMMENT ON THIS ITEM IS THIS >> ALL RIGHT. SEEING NO ONE. COUNSEL COMMENTS OR QUESTIONS? >> NO QUESTIONS, IT'S JUST NICE THAT THE STAFF FOLLOWS THROUGH, TO INITIATE THE FUNDS TO REIMBURSE IT'S A GREAT BENEFIT TO HAVE THE STAFF THAT THEY HAVE. IT'S GOOD TO START EARLY, BECAUSE IT TAKES A WHILE. ALL RIGHT. LET'S CALL THE VOTE. >> CALLING ROLE. >> RESOLUTION, 2019, 87: RESOLUTION NO. 2019-87: AUTHORIZING AN AMENDMENT TO THE ENTERPRISE FUND OPERATINGBUDGET FOR FISCAL YEAR 2018/2019. >> GENERAL FUND DID NOT NEED ONE. I WANT TO THANK YOU FOR BRINGING IT TO THE FLOOR THIS EVENING. THIS IS THE BUSINESS FUNDS THAT WE OPERATE AND IT REQUIRES US TO ACKNOWLEDGE THE CHANGES IN APPROPRIATION AND REVENUES, LET ME TOUCH ON THEM BRIEFLY ON THE ARENA. THERE'S A LOT OF THEM TIED TO THE APPROPRIATION REVENUES TIED TO A LOT OF THE FUEL, SO IF THERE'S A CLAY TO THE COST, OUR WHOLESALE COST WE HAVE TO ADJUST IT APPROPRIATELY TO ACCOUNT FOR THAT. ON THE BUDGE HE DO AMOUNT. WE TRIED TO ACCOMPLISH MEETING PREPARED FOR THE SIZEABLE INCREASES FOR THE CITY OF SAINT PETER'S *BERG, WE NEVER ANTICIPATED THAT THE WHOLESALE COST WILL GO UP, IF I REFER TO THE MEMO, APPROXIMATELY 56 PERCENT OVERTIME, UM, COUNSEL HAD SUBSEQUENTLY MOVED TO A RATE INCREASED ADOPTED FROM THE PREVIOUS YEARS, HAVE TAKEN SO MANY TIMES TO REACH THE -- WITH THE PROPOSED INCREASE, AT THAT POINT, COUNSEL ELECTED NOT TO INCREASE THE RATES, TO SUBSIDIZE THAT. >> ALL RIGHT THANK YOU VERY MUCH. >> I ENTERTAIN A MOTION ON THIS RESOLUTION. >> MOTION APPROVED 2019, 87. >> SECOND. >> PUBLIC COMMENT ON THIS ITEM? SEEING NO ONE. COUNSEL COMMENTS OR QUESTIONS? NOPE. >> CALL THE VOTE. >> CALLING ROLE: >> 8 A: PUBLIC HEARING: CONSIDERATION THE REQUEST OF ABOVE THE GARAGE. >> THIS IS THE STANDARD BOARD OF ADJUSTMENT APPLICATION. THAT WOULD REQUIRE THAT YOU RULE ON IF THERE'S A FINDING IN ERROR BY THE IMPLICATION OF OUR CRITERIA SET FORTH IF THE CITY ATTORNEY CAN SPEAK ABOUT THAT. THERE'S NO OTHER INFORMATION ALLOWED. >> IT'S NOT NEW INFORMATION, THE COUNSEL'S TO DETERMINE WHETHER THERE WAS COMPETENCE SUBSTANTIAL EVIDENCE IN THE DECISION MADE BY THE BOARD OF ADJUSTMENT. >> OKAY. >> YES. >> GOOD EVENING, I'M GEORGE -- VERY WELL THANK YOU. MR. MAYOR, MR. VICE MAYOR. MEMBERS OF THE COUNSEL. THANK YOU FOR MAKING TIME FOR ME THIS EVENING, I HAVE FIVE COPIES OF THE TRANSCRIPTS FROM THE UM, AUGUST 14TH BOARD OF ADJUSTMENT HEARING AS WELL AS THE OCTOBER 9TH 2019. IT WAS A REQUEST TO UM, REMOVE A -- AN EXISTING TWO CAR, CARPORT. WHICH IS THE EXISTING CARPORT -- IN FACT, THEY GOT A VARIANCE TO PLACE IT WHERE IT IS, AND THEY HAVE A PERMIT TO PLACE IT THERE. SO IT'S THE EXISTING CARPORT ON THAT SLAB. WHAT WE SAW TO DO WAS TO DISASSEMBLE AND REMOVE THE CARPORT AND CONSTRUCT A, A, TWO CAR GARAGE WITH LIVING SPACE ABOVE. IT IS -- IT DID NOT EXTEND INTO THE REAR YARD SET BACK, AND IT DID NOT EXTEND TO THE SIDE YARD SET BACK ON EITHER SIDE. WHAT IT DID THOUGH IS THAT THERE'S A DISTANCE OF FIVE FEET BETWEEN THE EXISTING GARAGE AND THE HOME. CODE REQUIRES A DISTANCE OF 12 FEET BETWEEN AN ACCESSORY STRUCTURE AND A HOME. SO THAT'S WHAT WE'RE SEEK AGO A VARIANCE FROM. THE DISTANCE, WE WITHIN THE TO A LOT OF EFFORTS, AND WE CAME UP WITH VARIOUS PLANS, TO ACCOMPLISH WHAT THE OWNERS WANTED THEY NEED MORE LIVING SPACE, AND MS. ARTHUR'S AT THE TIME OF THE HEARING IT WAS ONLY, FOUR OR FIVE WEEKS AGO. HER PARENTS WERE LIVING ALONE IN NORTH CAROLINA IN THEIR MID NINETIES, IT'S NOT A MATTER OF IF BUT WHEN TO MOVE DOWN HERE. THESE FOLKS HAVE BEEN FRIENDS OF MINE FOR 30 YEARS, SO IT'S A LITTLE BIT TOUGH ABOUT TWO WEEKS AGO. MR. ARTHUR SENIOR FELL AND BROKE HIS HIP AND HE -- AFTER ABOUT A WEEK, HE HAS PASSED AWAY. IT'S NOT THE BOARD'S PROBLEM. I WANT TO MAKE THAT KNOWN THAT IT'S MUCH MORE URGENT THAN IT WAS. THE NOSE IS THAT UM, ONE OF THE THING'S THAT MS. ARTHUR ENJOYS DOING WHEN SHE'S HERE IS THAT SHE LIKES TO DO ARTWORK. IN MIXED MEDIA AND PAINTING, AND SHE HAS ONE LARGE ROOM IN THE HOUSE THAT SHE DOES THAT IN. THE NOTION IS FOR HER TO MOVE HER ARTWORK AREA HER STUDIO INTO THE HABITABLE SPACE INTO THE GARAGE SO THAT MOM NOW CAN BE IN THE BEDROOM IN THE LOWER PART OF THE HOUSE. SO THAT'S WHAT WE WERE SEEKING. UM, WE -- FROM WHAT I CAN TELL FROM THE MINUTES AND FROM THE TRANS AND THE BOARD OF ADJUSTMENT, UM, FELT THAT WE DIDN'T DEMONSTRATE A HARDSHIP THAT WAS NOT OF THEIR OWN MAKING. SO I HAVE DONE THIS A LOT OF TIMES, I KNOW THAT YOU HAVE DONE THIS A LOT OF TIMES AS WELL. I MEAN, THE NOTION IS THAT YOU KNOW, A VARIANCE FROM THE ORDINANCE IS AN APPROPRIATE AT IF AND ONLY IF, YOU DEMONSTRATE CERTAIN THINGS, IN THE ORDINANCE ITSELF. AND THE PRINCIPAL ONES ARE THAT THE BOARD MUST FIND SPECIAL CONDITIONS AND CIRCUMSTANCES THAT EXIST WHICH PARTICULAR TO THE LAND, STRUCTURAL BUILDING INVOLVED AND THE SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESULT FROM THE ACTION OF THE APPLICANT SO IT'S NOT SOMETHING THAT YOU DID YOURSELF. AND I UNDERSTAND THAT. UM, NO REQUEST AGAIN WAS MADE TO GET INTO THE SET BACK OF THE REAR OR THE SIDE YARD. THERE WAS A DISCUSSION OF THE PROPOSED PROJECT. AND AN EXPLANATION OF THE POSITION. OF THE MANNER IN WHICH THE ZONING ORDINANCES. WHICH CAME MUCH AFTER THE ORDINANCE WAS PLOTTED. AND SORT OF OVERLAID ITSELF ON TOP OF THE EXISTING LOTS. THIS PARTICULAR LOT, ON THIS CORNER LOT, THE FRONT IS THE NARROW PART OF THE LOT. THE REAR YARD HAS ANALLY. SO THAT AFFECTS THE SET BACK IN THE REAR YARD, AND WE HAVE 60 SECOND STREET SOUTH WHICH IS THE SIDE YARD, SO THERE'S NOW A 12 FOOT SET BACK, 12 OR 15? >> 12. >> 12 FOOT SET BACK FROM THE SECONDARY STREET, INSTEAD OF THE 6 YARD SET BACK IF YOU HAVE AN INTERIOR LOT. AN INTERIOR LOT SO THAT UM, OTHERWISE IT'S COMPLETELY UNBUILDABLE LOTS. IT DOESN'T RUN WITH THE OWNER OF THE LAND, REALLY WITH THE USE OF THE LAND, IT'S AN IMPOSITION OF USE UPON THE LAND. SO, UM, IT'S TRUE, THAT, THIS WAS KNOWABLE TO THE OWNERS WHEN THEY BOUGHT THE HOUSE. UM, BUT AGAIN, IT'S -- IT'S HONESTLY OUR VIEW, THE CORRECT VIEW, THAT THE HARDSHIP RUNS WITH THE LAND AND NOT WITH THE OWNER. THIS WOULD BE THE SAME HARDSHIP FOR ANY OWNER AT ANY TIME. AS IF IT WOULD BE IF IT WAS IN THE INTERIOR LOT. SO THAT'S OUR HARDSHIP. >> FOR OFF STREET PARKING. AND THIS IS A GOOD EXAMPLE OF THIS. SAW A VARIANCE FOR OFF STREET PARKING FROM, NINE SPACES, TO ZERO SPACES, THE APPLICATION, HIS APPLICATION WHICH I'M GOING TO PUT NO THE RECORD WHEN WE'RE FINISHED AS WELL. IS ABSOLUTELY SILENT. FOR APPLICATION FOR VARIANCE, AND IT HAS, 11 OR 12 QUESTIONS. OTHER THAN WE NEED THE PARKING. THERE WERE NO QUESTIONS FROM THE BOARD AT ALL ABOUT A HARDSHIP -- >> BUT THIS WAS A COMMERCIAL FOR PARKING VARIANCE. >> IT IS DIFFERENT. >> BUT IT WAS GRANTED UM, YOU, UNANIMOUSLY. NOW WE GET TO THE ONE THAT'S MORE TROUBLESOME FOR ME. SEEKING AWAY REDUCTION OF THE REDUCTION OF THE FRONT YARD SET BACK. FROM, 29 FEET TO, 15 FEET TO CONSTRUCT AN ADDITION TO THE DWELLING OF THE HOUSE. WHEN YOU HAVE ALL OF THAT ROOM IN THE BACK. WHY ARE YOU PUTTING IT IN THE BACK OF THE HOUSE WHERE YOU DON'T HAVE TO HAVE A VARIANCE, AND THE ANSWER WAS THE OWNERS PREFER THE FRONT. AND THE VARIANCE WAS GRANTED. UNANIMOUSLY. AND IN FACT, IN THE TWO MEETINGS, AND THE ONES THAT I HAVE THE TRANSCRIPTS OF. THERE WERE EIGHT OR NINE APPLICATIONS OF VARIANCE, I WENT THROUGH THE APPLICATIONS OF EACH ONE OF THEM. THERE WAS NO CLAIM IN HARDSHIP FOR THE APPLICATIONS OF ANY OF THEM. THE BOARD DIDN'T ASK ABOUT THE HARDSHIP FOR ANY OF THEM. NO MENTION WAS MADE OF A HARDSHIP, TO ANY OF THEM, EXCEPT FOR OURS. I JUST -- YOU KNOW, AGAIN, I DON'T WANT TO -- IT'S NOT MY INTENTION TO BE CONTENTIOUS, ABOUT IT BUT IT SEEMS LIKE AN ARBITRARY DECISION ON THE PART OF THE BOARD TO SINGLE US OUT. WE ARE ACTUALLY THE ONLY ONES FROM THE APPLICANTS, GIVEN IT A FAIR READING ACTUALLY HAD AN ARTICULATE HARDSHIP, AND STRANGELY WE WERE THE ONLY ONES TO BE DENIED, SO THAT WAS THE LONG AND THE SHORT OF IT. >> BEFORE WE GET INTO IT. BECAUSE WE HAVE QUESTIONS ABOUT THIS. THIS IS THE DIFFICULT QUESTION ABOUT THIS. BECAUSE OUR JOB IS NOT TO OVERTURN IT BECAUSE ON THE DIFFERENCES OF OPINION. WE'RE SUPPOSED TO SEE IF THEY MADE A LEGITIMATE MISTAKE OR DIDN'T FOLLOW THE PROCESS, CITY ATTORNEY? >> TO DETERMINE WHETHER THERE'S COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT THAT THEY DID. IF YOU FEEL THAT THERE WASN'T, THEN YOU WOULD OVERTURN THEIR ACTION. >> SO ONE OF THE QUESTIONS THAT WE HAVE, MAYBE, YOU HAVE TO WEIGH IN ON IT. WERE THERE OTHER ACTSES, THAT WOULDN'T REQUIRE THE VARIANCE, THAT GAVE YOU THE SAME SQUARE FOOTAGE WITHOUT DOING THIS PARTICULAR PLAN. >> THE ANSWER IS A QUALIFIED YES. >> OKAY. >> AND I SAY THAT BECAUSE, WE COULD NOT ACHIEVE THE SAME AREA FOOTAGE OF GARAGE SPACE, WE COULD ENTIRE WITHIN THE SET BACK, ASK WITHOUT ATTACHING IT TO THE HOUSE. WE COULD EXTEND THE TWO STORY ADDITION ALL THE WAY TO THE BACK OF THE PROPERTY TO THE SIDE SET BACK. UM, AND THERE ARE TWO REASONS WE REJECTED THAT, BECAUSE THAT WAS ONE OF OUR PLANS, THE TWO REASONS THAT WE REJECTED THAT WAS RIGHT BEHIND AND WE MENTIONED THIS AT THE BOARD MEETING. >> I DON'T HAVE ANY QUESTIONS, THANK YOU. >> COUNSEL MEMBER BROWN. >> THE NEW GARAGE, UM, AND LIVING SPACE WOULD FIT EXACTLY WHERE THE CARPORT IS? >> YES, MA'AM. >> AND THE FOOTER IS ALREADY THERE? >> YES, MA'AM. >> OKAY. >> CAN I ASK YOU AYE QUESTION, IS THIS BECOMING A DWELLING UNIT CHANGING THE STRUCTURE, IF THIS UM, IF THIS CURRENT FOOT PRINT WAS GIVEN A VARIANCE, WHAT CAUSES IT TO HAVE A VARIANCE NOW? >> THEY ARE REMOVING THE STRUCTURE. >> SO IT'S COMPLETELY STRUCTURE REMOVAL. >> AND IT IS TWO STORY, VERSUS, ONE STORY. BUT -- >> IT'S THE REMOVAL OF THE STRUCTURE. >> NON CONFORMITY. YOU HAVE TO START FROM SCRATCH, BECAUSE THE HARDSHIP MAYOR MAY NOT BE THERE. IT MAY BE DIFFERENT OR IT MAY NOT. >> OKAY. >> I DON'T WANT TO GET TO TOO MANY -- >> I DON'T WANT TO GIVE TOO MUCH INFORMATION. THAT WAS NOT PART OF THE CASE. >> UNDERSTOOD. ALL RIGHT >> COUNSELMAN? >> YOU SAID SOMETHING EARLIER ABOUT THE HARDSHIP OR WHAT THEY CONSIDER -- ABOUT THE SITUATION PRIOR TO BUYING THE PROPERTY SOME >> YES. >> CAN YOU REPEAT WHAT YOU SAID THERE, PLEASE? >> WELL, MY -- AS I RECALL THE COMMENT WAS THAT THE -- WAS THAT THE ENTIRE NEIGHBORHOOD, AND THE ENTIRE CITY, WAS PLATTED IN 1924. THAT WOULD ACCOMPLISH EVERYONE'S NEED, BUT WE CAN'T DO THAT WITHOUT GOING INTO THE SET BACK NOW, AND HONESTLY, I MADE A DECISION WHEN WE ASKED FOR THE VARIANCE, I THOUGHT THAT ASKING FOR A REDUCTION OF THE DISTANCE BETWEEN THE GARAGE AND THE HOUSE WAS A VERY MINIMAL ASK IN COMPARISON TO ASKING TO REDUCE THE SET BACK BECAUSE -- I KNOW THAT -- I DON'T KNOW BUT MY, MY, MY, UM, ASSUMPTION WAS THAT IT WAS A MORE, A MORE SUBSTANTIAL ASK TO REDUCE THE SIDE AND THE REAR SET BACK. BECAUSE THAT'S THE NATURE OF THE HARDSHIP. WE DON'T HAVE THE BUILDABLE AREA BECAUSE OF THE LOCATION OF THE LOT. >> THAT'S WHAT MAKES IT SO DIFFICULT BECAUSE IT'S NOT OUR JOB TO CHANGE THE MINDS OF THAT ADJUSTMENT BOARD, AND WE'RE THE ONES THAT APPOINT THEM TO DO THAT JOB. BUT BASED ON THE OPTION ON THE FACT THAT YOU HAD OTHER ALTERNATIVES, TO PUTTY EQUAL SQUARE FOOTAGE, WITHOUT THE VARIANCE, THAT'S MY PERSONAL OPINION, I DON'T SEE HOW WE CAN OVERTURN THE OPINION. I SEE HUE THEY COULD SEE THAT, AND EVEN THOUGH ONE PERSON DID. AND HONESTLY, I DON'T THINK THAT'S A BIG ASK EITHER TO TELL YOU THE TRUTH, BUT OUR JOB BEING TO OVERTURN THE DECISION WAS BASED ON A PROCEDURE FOLLOWED. AND DID THEY MAKE A MISTAKE? I DON'T FEEL LIKE I HAVE ENOUGH TO OVERTURN IT. I'M SORRY TO TELL YOU THAT. AGAIN WE HAVE TO VOTE ON THIS. >> ARE WE DOING PUBLIC COMMENT? >> IF ANYONE NEEDS THREE MINUTES, AND THEY LIKE TO COME SPEAK YOU ARE MORE THAN WELCOME TO. >> I'M CURIOUS, WHY THAT 12 FOOT IS THERE? DOES ANYBODY KNOW? WHY CAN'T THERE BE FIVE FEET, I HAD SEVERAL PEOPLE I KNOW THAT WANTED TO DO THE SAME SORT OF THING AND WERE NOT ABLE TO. I'M CURIOUS TO SEE IF ANYONE KNOWS Y IT'S 12 FEET, VERSUS, SOMEONE SMALLER. >> I BELIEVE IT HAD TO DO WITH THE FIRE SAFETY AND EGRESS. >> ANYONE ELSE BESIDES ALBERT TO CARE TO SPEAK ON THIS? >> OKAY. >> I'M THE NEIGHBOR NEXT DOOR, I DON'T HAVE A LOT TO OFFER, THEY HAVE BEEN VERY GOOD NEIGHBORS, KNOWN THEM FOR 14 YEARS. GEORGE. I'M A LITTLE CONCERNED ABOUT IT, JUST BECAUSE TWO STORY STRUCTURE STARRING INTO THE BACKYARD, I DON'T KNOW IF MY SUPPORT MATTERS ONE WAY OR THE OTHER HERE. I DON'T KNOW IF THIS IS A QUESTION OF WHETHER IT WAS DONE RIGHT OR WRONG. I DON'T HAVE A STRONG POSITION, IF IT DOESN'T WORKOUT, I DON'T KNOW IF IT MATTERED AND WE ALL TALKED IT OVER, AND WITH A SOLUTION. OR MAYBE THAT DOESN'T MATTER AT ALL. >> IT WOULD HAVE BEEN HELPFUL TO DO THIS IN THE BEGINNING. >> CAN THEY COME BACK AGAIN? >> IT'S A YEAR. >> ONE YEAR. >> ONE YEAR. OKAY. >> WELL THEN -- I'M SORRY FOR YOUR LOSS, AND ALL OF THAT, I KNOWN THEM, THEY ARE GOOD FOLK. I HAVE SOME CONCERNS, BUT I'M SURE THAT WE CAN EASILY SIT DOWN AS NEIGHBORS AND WORK IT OUT. >> AND I HAVE NO DOUBT THAT THEY ARE. AND I CAN RELATE THE POSITION THAT THEY ARE IN. >> WE SHARE, 150 FEET. >> I WISH WE HAD THE ABILITY TO DO WHAT WE SEE FIT, AND HERE IN THE CASE AT ALL. THAT'S NOT THE WAY THAT THE LAW WORKS FOR US IN THIS CASE. WE HAVE TO DETERMINE IF THEY MADE A MISTAKE, FOR ME, BASED ON THE FACT THAT THERE'S ANOTHER OPTION TO GET THAT SQUARE FOOTAGE AND STILL ACCOMPLISH THE END GOAL, EVEN THOUGH THAT IT'S THE MOST DESIRED END GOAL, I CAN'T SAY, THAT THEY FOLLOWED WHAT THEY WERE SUPPOSED TO DO. >> CAN I ASK THE GENTLEMAN THAT CAME UP TO SAY HIS NAME FOR THE RECORD. >> (SPEAKING AWAY FROM MIC). >> THERE'S NO MOTION. BUT I WOULD LIKE TO UP HOLD [INAUDIBLE] >> SECOND. >> A FIRST AND A SAID. LET'S CALL THE VOTE. >> CALLING ROLE. >> FOLKS I'M SORRY THAT IT DIDN'T GO YOUR WAY. I HOPE THAT THE OTHER SOLUTION WORKS FOR YOU. >> BEFORE YOU GAVEL ME DOWN. THESE ARE THE MINUTES FROM THE -- THE APPLICATION MATERIALS. IN OCTOBER THE AND GET THOSE INTO THE RECORD, IF I COULD. I'LL SEE YOU NEXT TIME ON HAPPIER OCCASION. >> [INAUDIBLE]. >> (SPEAKING AWAY FROM MIC). >> MAYOR, PREVIOUSLY IN AUGUST 6TH WE PRESENTED SOME BRIEF OUTLINES, DURING THE BUDGET PROCESS REGARDING THE CITY FACILITY LEASE AGREEMENTS, AND USE AGREEMENTS WITH THE ORGANIZATIONS WITHIN THE COMMUNITY. THERE WAS SOME DEBATE REGARDING THE ISSUE AND SOME IDEAS WERE PRESENTED SUBSEQUENTLY TO THAT, COUNSEL MEMBER BROWN HAD ASKED THAT STAFF COME BACK WITH SOME OPTIONS TO BE ENTERTAINED AND WHAT WE LOOKED AT IS HOW DO WE INCLUDE THE VETTING PROCESS. SOME OF THESE GROUPS, AS YOU NOTED IN THE MEMO, LIKE THE LION'S CLUB IS UNIQUE. OTHER GROUPS MAY ONLY HAVE DIFFERENT INPUT IN THE COMMUNITY, WHAT WE'RE TRYING TO DO IS GET MUCH OF IT AND TRYING TO BE NOT SUBJECTED TO MOST OF THESE THINGS. YOU HAVE SOME MORE INFORMATION. THERE'S QUESTIONS AND WE'RE HAPPY TO EXPAND THIS. OR IF THERE'S ADDITIONAL INFORMATION WHERE YOU CONSIDER THESE ITEMS. THE BIGGEST ISSUE BECOMES WHAT'S THE ROLE OF THIS ORGANIZATION IN THIS COMMUNITY. AND WE WANTED TO UNDERSTAND ONE OF THE QUESTIONS, WHAT'S THE SERVICE THAT IT PROVIDES TO THE RESIDENTS IN THE CITY OF GOLF PORT. HOW MANY RESIDENTS ARE PARTICIPATING. I HAD A CONVERSATION WITH A GENTLEMAN TODAY, THE CLUB -- THESE ARE ALL VARIABLES THAT WE WANTED TO BE ABLE FOR A LACK OF A BETTER TERM. >> I THINK THAT'S ALL WE'RE LOOKING FOR. THE HIGHEST RIGHT NOW, THE GOLF COURSE IS PAYING THAT. AND WE ARE TRYING TO FIND A WAY TO FIND IT EQUITABLE. I'M WILLING TO GIVE THIS PROCESS A TRY TO SEE WHAT AND HOW IT WORKS. WHAT I'M INTERESTED IN TO SEE ON THE VALUES, AND HOW MUCH WE'RE CHARGED. I DON'T WANT TO PUT ANYBODY OUT OF DOING WHAT THEY DO. WE HAVE TO PUT AWAY THE SPACES, IN A CERTAIN POINT IN THE PAST AND SUPPORTING THE ORGANIZATIONS. AND GETTING IT STABLE AND EQUITABLE. >> IF I CAN EXPAND ON THAT MAYOR. ONE OF THE ITEMS THAT IT BECOMES, THEY BECOME VARIOUS TIMES FOR THE AGREEMENTS. >> SO IT'S ALL ACROSS THE BOARD AT ONCE. >> EXACTLY. IT WAS DIFFERENT ENVIRONMENTS DIFFERENT INDIVIDUALS, AND I ALWAYS MAKE A JOKE ON THE LION'S CLUB LEASE. THIS IS THE 1960'S, I DOUBT ANYBODY WILL GET EXCITED NOW. AND IT ALWAYS -- THAT'S 50 YEARS AGO. >> BUT AT THE SAME TIME WE'RE LOOKING AT IT -- THERE'S A LEVEL OF INPUT THAT WHEN WE GET INTO THE SUBJECTIVE ISSUE IS THAT WE DON'T WANT TO GET THIS LITTLE LEAGUE VERSUS THE YACHT CLUB. THAT'S FAIRLY SUBJECTIVE, BUT THERE'S ALSO MECHANISMS THAT ONCE WE GATHER THIS INFORMATION AS THE AGREEMENTS COME DUE. THEY ARE TWO COMING UP NOW, WE HAVE LEASES COMING UP IN THE SUMMER, 2020. LITTLE LEAGUES ON AN ANNUAL LEASE AGREEMENT. SO THERE'S THINGS TO TAKE A LOOK AT. IF YOU WANT TO CONSIDER USING THIS FACILITY, THAT I CAN SAY TO THEM, HERE'S WHAT THE CONSISTENT BALANCE SHEET THAT THE CITY WILL LOOK AT. THIS IS HOW I'M TAKING THE CITY COUNSEL, THE BYLAWS, AND THE P N L. WHAT INFLUX, UM, AS I HAD A CONVERSATION WITH THE MEMBERS OF THE COUNSEL. WHAT ARE YOU RETURNING TO THE COMMUNITY? >> SORRY, MAYOR. I WANTED TO EXPAND A LITTLE BIT ON THAT. IF THEY ARE WILLING TO WORK WITH US ON THIS. THAN I'M OKAY WITH IT. >> I LOVE IT, I'M AND CITED TO GET THINGS EVEN ACROSS THE BOARD. >> VICE MAYOR? >> I AGREE THE CONSISTENCY ACROSS THE BOARD IS IMPORTANT. I WANT TO SEE A THREE YEAR TERM, FIVE YEARS IS A LITTLE TOO LONG TOO. 3 YEARS IS GOOD. IT HAS ALL OF THE POINTS THAT I WAS LOOKING FOR. >> SOME OF THE MEMBERS AND GROUPS THAT I WAS TALKING ABOUT. HAD ALSO SUGGESTED WOULD BE USEFUL PART OF IT. >> COUNSEL MEMBER? I LIKE WHAT WE OF DONE SO FAR, I'M HOPING 3 TO 5 YEARS, MAYBE, 5, BUT WE CAN TAKE THAT WHEN IT COMES, I DO LIKE THE FACT THAT WE FINALLY SPELLED OUT THE CIVIL RIGHTS IN THE HUMAN RIGHTS ORDINANCE IN THIS THINGS, BECAUSE ONE OF THE OTHER CLUBS -- SO WE DON'T HAVE THE PROBLEMS IN THE FUTURE, SO I WANTED TO DO THIS SO FAR. >> THIS IS JUST A DISCUSSION ITEM TONIGHT, JUST GIVING DIRECTION TO THE CITY STAFF, BUT I WANT TO OPEN IT UP TO THE PUBLIC COMMENT. I'M SURE THAT SOME OF YOU ARE HERE TO SPEAK ON THIS. >> SO IN GENERAL, I'M ALL FOR THIS, I THINK THAT THERE SHOULD BE MORE EQUITY FOR THE GROUPS IN WHAT THEY PAY, I'M CURIOUS ABOUT IT, THE LAW STIPULATES THAT THEY CANNOT HAVE A MEMBER WHO HAS COMMITTED A CRIME AGAINST THE PUBLIC, OR AN ORGANIZATION TO PROVIDE PROOF THAT THEY CONDUCTED BACKGROUND CHECKS, WHAT DOES THAT EVEN MEAN? AND IT SEEMS LIKE IF SOMEONE HAS COMMITTED THEIR CRIME, AND SERVED THEIR TIME. AND WE'RE EVEN LETTING PEOPLE HERE WHO CAN VOTE AGAIN. IT SHOULDN'T BE SOMETHING THAT WE PROHIBIT PEOPLE FOR BEING ON THE BOARDS. >> TRUE, THAT'S NOT A REQUIREMENT. THAT'S A STATE LEVEL REQUIREMENT. WHAT IS THAT LAW? THAT'S A GOOD QUESTION. YOU GOT IT. >> ANYONE ELSE? >> THE BOARD OF DIRECTORS ARE MADE UP OF MORE PEOPLE, THAT LIVE IN GOLF PORT, AND I THINK THAT GOING TO THE CITY MANAGER'S PORT. AND THE BOARD'S SHOULD ALSO HAVE THE MAJORITY OF THE PEOPLE IN THE GOLF PORT. WHEN WE DISCUSSED THIS, THAT KATHY, CAME UP HERE. AND IT WAS, NICOLE THAT OUTLINED THE BOARD MEMBERS. WHICH IS QUALIFIED PEOPLE, AND WE FOUND THE MAJORITY OF THEM HERE. >> HI, THANK YOU VERY MUCH. 5757 [INAUDIBLE], UM, I WAS JUST CURIOUS HOW YOU'RE GOING TO GATHER JUST CURIOUS TO HOW YOU'RE GOING TO GATHER THE INFORMATION, HOW ARE THESE THINGS HELPFUL TO THE COMMUNITY I'M JUST CURIOUS ABOUT THAT. I DON'T KNOW I CAME LATE, DANG IT. I THOUGHT THE MEETING STARTED AT 6: 30 PAINTING, WHAT DO WE DO. SO I'M GOING TO TELL YOU SOMETHING. THIS IS USE ON PUBLIC PROPERTY, I BROUGHT AN INVITATION TO EACH OF YOU, SINCE I MISSED THE BEGINNING, I'M GOING TO DROP THIS OFF. THIS IS CALLED THE TRAVELING TREE WALK, AND IT'S PART OF THE ART JONES, THESE ARE ALL USES THAT ARE HAPPENING. I WANTED TO GIVE YOU A INVITATION, THERE'S A TALK ABOUT TREES, THESE ARE COMING YOUR WAY, I'LL INTRODUCE THEM TO YOU, SO I'LL /HRAFB THESE HERE. AND THIS IS WHAT A TRAVELING TREE LOOKS LIKE. IT TELLS YOU ABOUT THE VALUE OF THE TREE. A LIVE OAK. IS WORTH, 55 THOUSAND DOLLARS. >> THANK YOU FOR YOUR TIME. >> ANYONE ELSE FOR PUBLIC COMMENT ON THIS ITEM? >> HOW ARE YOU DOING? >> BOB. [INAUDIBLE]. AND I'M A BOARD MEMBER OF THE PAST -- FROM THE YACHT CLUB. AND I'M NOT SURE WHO IT WAS, BUT ONE OF THE LADIES MENTIONED ABOUT THE BOARD, AND THE MAKE UP OF THE BOARD, AS MOST OF YOU KNOW IT'S DIFFICULT TO GET ENOUGH PEOPLE TO SERVE ON THE BOARD, LET ALONE