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City Council Special Meeting

Special Meeting

Palm Coast, FL · January 14, 2020

AgendaMinutes

Minutes

CITY OF PALM COAST CITY COUNCIL SPECIAL MEETING CITY HALL 160 LAKE AVENUE PALM COAST, FL 32164 TUESDAY, JANUARY14, 2020 IMMEDIATELY FOLLOWING THE WORKSHOP Mayor Milissa Holland Vice Mayor Nick Klufas Council Member Eddie Branquinho Council Member Robert G. Cuff Council Member Jack D. Howell, II AGENDA City Staff Matthew Morton, City Manager William Reischmann, City Attorney Kathleen E. Settle, Deputy City Clerk Public Participation shall be in accordance with Section 286.0114 Florida Statutes. Other matters of concern may be discussed as determined by City Council. If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986-3713. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. City Council Meetings are streamed live on YouTube All pagers and cell phones are to remain OFF while City Council is in session. A. CALL TO ORDER Mayor Holland called the meeting to order at 1:13 p.m. B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL Kate Settle, Deputy City Clerk, called the roll. All members were present. RESOLUTIONS 1. RESOLUTION 2020-XX RECOGNIZING AND CONFIRMING LEGISLATION IN PROGRESS REGARDING REGULATION OF SMALL BOX DISCOUNT STORES IN PALM COAST; AND ESTABLISHING A MORATORIM ON THE ESTABLISHMENT OF SMALL BOX DISCOUNT STORES IN PALM COAST Attorney Reischmann, Jason DeLorenzo and Ray Tyner spoke to the item. Attorney Reischmann reviewed the effect of small discount stores throughout the City. There is are legal requirements to have done the research and be able to address why a moratorium is to be put in place. The resolution provides for legislation in progress which is a tool to keep the status quo and to look at any concerns regarding this type of establishment may have on the community. The resolution regarding a moratorium will be presented at the PLDRB and then to Council for consideration. Mr. Morton spoke of the high amount of interest regarding this topic; and wants to open communication with the citizens in order to receive their input. The moratorium is for a short period and will provide the time necessary to review the LDRs. Topic include case law; what works in our community and tailoring to those concerns; definition includes for 16,000 square feet; the definitions being developed by staff and the attorney; the definition; concerns about the passage of the resolution inviting this type of establishment before this moratorium is enacted; the need to evaluate neighborhood commercial land development regulations; secondary impact of this type of commercial establishment and concerns about the definitions. Public Comment Mr. Neilbach concerned about limiting the choices of businesses applying. Jack Carall thought it was apparent that they were targeting one franchise. He spoke of property rights. Phyllis Scheffler spoke of the demographics of the area and felt it was not an affluent community. The people on a limited income use this type of establishment to meet their needs. Motion by Vice Mayor Klufas, seconded by Council Member Cuff to approve the Resolution for Legislation in Progress. The motion carried unanimously. D. ADJOURNMENT Vice Mayor Klufas made the motion to adjourn the meeting. The meeting was adjourned at 1:32 p.m. Respectfully submitted, Kathleen E. Settle, CMC Deputy City Clerk

Agenda

CITY OF PALM COAST CITY COUNCIL SPECIAL MEETING CITY HALL 160 LAKE AVENUE PALM COAST, FL 32164 TUESDAY, JANUARY14, 2020 IMMEDIATELY FOLLOWING THE WORKSHOP Mayor Milissa Holland Vice Mayor Nick Klufas Council Member Eddie Branquinho Council Member Robert G. Cuff Council Member Jack D. Howell, II AGENDA City Staff Matthew Morton, City Manager William Reischmann, City Attorney Kathleen E. Settle, Deputy City Clerk Public Participation shall be in accordance with Section 286.0114 Florida Statutes. Other matters of concern may be discussed as determined by City Council. If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986-3713. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. City Council Meetings are streamed live on YouTube All pagers and cell phones are to remain OFF while City Council is in session. A. CALL TO ORDER Mayor Holland called the meeting to order at 1:13 p.m. B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL Kate Settle, Deputy City Clerk, called the roll. All members were present. RESOLUTIONS 1. RESOLUTION 2020-XX RECOGNIZING AND CONFIRMING LEGISLATION IN PROGRESS REGARDING REGULATION OF SMALL BOX DISCOUNT STORES IN PALM COAST; AND ESTABLISHING A MORATORIM ON THE ESTABLISHMENT OF SMALL BOX DISCOUNT STORES IN PALM COAST Attorney Reischmann, Jason DeLorenzo and Ray Tyner spoke to the item. Attorney Reischmann reviewed the effect of small discount stores throughout the City. There is are legal requirements to have done the research and be able to address why a moratorium is to be put in place. The resolution provides for legislation in progress which is a tool to keep the status quo and to look at any concerns regarding this type of establishment may have on the community. The resolution regarding a moratorium will be presented at the PLDRB and then to Council for consideration. Mr. Morton spoke of the high amount of interest regarding this topic; and wants to open communication with the citizens in order to receive their input. The moratorium is for a short period and will provide the time necessary to review the LDRs. Topic include case law; what works in our community and tailoring to those concerns; definition includes for 16,000 square feet; the definitions being developed by staff and the attorney; the definition; concerns about the passage of the resolution inviting this type of establishment before this moratorium is enacted; the need to evaluate neighborhood commercial land development regulations; secondary impact of this type of commercial establishment and concerns about the definitions. Public Comment Mr. Neilbach concerned about limiting the choices of businesses applying. Jack Carall thought it was apparent that they were targeting one franchise. He spoke of property rights. Phyllis Scheffler spoke of the demographics of the area and felt it was not an affluent community. The people on a limited income use this type of establishment to meet their needs. Motion by Vice Mayor Klufas, seconded by Council Member Cuff to approve the Resolution for Legislation in Progress. The motion carried unanimously. D. ADJOURNMENT Vice Mayor Klufas made the motion to adjourn the meeting. The meeting was adjourned at 1:32 p.m. Respectfully submitted, Kathleen E. Settle, CMC Deputy City Clerk

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