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8-12-13 MINUTES *REGULAR CITY COMMISSION MEETING August 12, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. t. A. Approve the minutes of the Regular Commission Meeting of July 8, 2013. B. Approve the minutes of the Special Called Commission Meeting of June 24, 2013. C. Approve the minutes of the Commission Workshop of June 24, 2013. D. Approve the minutes of the Town Hall Meeting of July 13, 2013. Mayor Borno asked if there were any corrections to the above minutes. There were none so he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. Molly Austin, 27 Edgar Street, addressed the business corridor asking that they please not restrict it. She spoke in favor of the electric car business stating it is clean, green and exactly what we need here in Atlantic Beach. Karen Kempf, 1501 Challenger Court West, addressed the agenda item on performance evaluations for the City Manager, City Clerk and City Attorney. She stated comparing the process of business management and military evaluations to public management evaluations is not a parallel process. She stated City government and policy evaluations are a public affair. She stated she believes the intention of the Florida Sunshine Law is not to move evaluations to private conversations, shade or executive committee meetings to keep this information out of public record or scrutiny. She stated she believes the intention is to open up the dialogue and include the public in its deliberation and thought process. She requested that the Commission consider the use of a standardized form for evaluation by all Commissioners and Mayor and to have open and public discussion evaluations for the three positions that report directly to the Commission. Lenny Jevic, 239 Seminole Rd., thanked Commissioners Woods and Mark for their immediate reply to his email concern and Mayor Borno and Commissioner Beckenbach for also contacting him. He expressed his concern for the aesthetics of vehicles parked on the right-of-way on Seminole Road. He stated he is also concerned about the safety issues created by allowing vehicles to be parked in the 100-300 blocks of Seminole right-of-ways. He stated they need a solution to the problem on Seminole Road, not only to improve the aesthetics but to keep the citizens who live on or are regularly travelling in the area safe. He August 12,2013 REGULAR COMMISSION MEETING Pane 2 asked the Commission to either have no parking signs installed on Seminole Road right-of-ways or adopt a very good proposal from Rick Carper that works for everyone, beautifies the City and allows for parking in designated areas and ultimately keeps the citizens' safety as the main focus. He asked that they remember that school starts next week and there will be many children walking in this area; please keep them safe. Linda Almeida, 282 Magnolia Street, addressed the rules on boat and recreational vehicle parking. She stated she agrees they all have rights on their properties but when the rights on the properties then invade her rights and the value of her property she has to take a hard stand. She stated they should keep the codes they have and if they need a Magistrate to be the bad guy, she would like that. Donna Mount, 231 Seminole Rd., addressed the issue of parking on the right-of-way on Seminole Road. She stated if they put signs in the right-of-ways they get removed, yet there is permanent parking on right-of- ways that nothing is being done about. Tatyana Schlenoff, 1094 Stock Street, addressed Rose Park, stating she and her children are looking forward to the improvements to the playground equipment and the park. She stated they need fresh air and sunshine for their children in a safe environment. Sheri Lawhun, 190 Seminole Rd. spoke on the right-of-way issue on Seminole Road. She stated she is in favor of the beautification of the right-of-way and the no parking and no political signs on the right-of-way. She stated that Commissioner Woods, who is running for Mayor,parked her electric car not only on the right- of-way but also had her political signs all over the right-of-way. She stated you can't be a hypocrite and if they have to follow the rules, she has to follow the rules. She distributed pictures to the Commission of Commissioner's Woods car parked on the right-of-way. Commissioner Woods explained it was her mother's 91st birthday party and thanked her for the picture. William Harper, 51 Saratoga Circle N., spoke about the ditch that runs behind his house stating FDOT is responsible for his ditch but it has been neglected for decades. He stated he lives on the wrong side of the ditch and Atlantic Beach does not take care of this side of the ditch. He stated Atlantic Beach takes care of the other side where Aquatic Gardens is and they do a fairly good job. He stated he has complained to FDOT and they sent someone out about six weeks ago and they cleared out some of the vines but his concern is the erosion from the rain. He stated they tell him he has lost about 5 ft of his property along the back. He stated he has tried to get FDOT to put in some kind of bulkhead along the ditch to stop the erosion because he is losing his yard. He stated his new foundation is also cracking. He asked whether it was Atlantic Beach or FDOT who dug out the ditch about two years ago. He understands it had to be done because of the flooding but he believes it should have been explained to whoever did it that they didn't need to dig out on his side and take away the land that is supposed to be part of his house. He stated he has spoken to Rick Carper and the Atlantic Beach side is taken care of but his side is not. He stated Mr. Carper is not responsible for his side. Mayor Borno stated they would look into it and get back to him as soon as they can get some contacts and more information. Donna Mount, 231 Seminole Rd., stated she read in the Beaches Leader that they are going to monitor the cars parked in the right-of-way on Seminole Road and asked Chief Classey how they will be monitored. Mayor Borno stated that is an issue they are working on and they will make a decision as to what they are going to do. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. August 12,2013 REGULAR COMMISSION MEETING Page 3 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. City Manager Hanson reported on questions raised at the last workshop pertaining to parking restrictions for boats and trailers. He explained they agreed to get input from the Commissioners as to what items they may want to see the Community Development Board consider and get a survey of what the surrounding jurisdictions require for boat parking in the front yard. He stated the input received from the Commissioners for the Community Development Board to look at included the boats and trailers in the front yard and eliminating the current 15 ft. setback and instead have a requirement that states you can only put them on private property but no closer than 15 feet to the paved road. He stated two other subjects proposed were zoning for businesses and what could be done through the zoning to encourage businesses, and strengthening the City's tree ordinance to limit the loss of the tree canopy through development. He further explained the setbacks for boat parking in the front yard of the surrounding jurisdictions, as indicated in his staff report. He also reported the City was notified that we are getting a grant for the construction of the reuse facility for the country club in the new development. He stated the St. Johns Water Management District will provide 40%or$442,000 and they hope to have the grant agreement on the next agenda for approval. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for June. B. Declare the list of property as surplus so that it may be disposed of in the most beneficial way to the City. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Agenda Item A. Motion: Approve Consent Agenda Item B as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Commissioner Woods pointed out that the Police and General Pensions both had deficits for this month and they need to keep this in mind as they are going through the budget workshops. August 12,2013 REGULAR COMMISSION MEETING Page 4 Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NUMBER 90-13-218, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-218 by title. Motion: Approve Ordinance No. 90-13-218 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is adding additional property to the Fleet Landing PUD zoning so they can relocate their maintenance facility. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 65-13-38,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18,PAGE 34,AND PROVIDING AN EFFECTIVE DATE. August 12,2013 REGULAR COMMISSION MEETING Page 5 Mayor Borno read Ordinance No. 65-13-38 by title. Motion: Approve Ordinance No.65-13-38 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is authorizing the closure of a portion of Orchid St.that will be become part of Rose Park. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 80-13-83, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80-13-83 by title. Motion: Approve Ordinance No. 80-13-83 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is adopting rules related to the new wastewater reuse system as required by the Water Management District. Mayor Borno opened the Public Hearing. William Harper, 51 Saratoga Circle N., asked how this will affect well water and will they be given notice if the water is cut off. Mayor Borno explained this is for reuse water to be used for irrigation. Mr. Hanson further explained they would not let you hook up to reuse water for irrigation if you are using a well. Donna Kaluzniak explained this pertains to potable wells. She stated if you have a well for your drinking water they don't want the reuse within 75 feet, for safety purposes. She stated it shouldn't be a problem for him because with the current reuse system they have there are no potable wells within 75 feet. Jimmy Hill, 372 7th Street, addressed the potable well, stating there is a conflict that could occur with gardens. He stated he wants to assure that whatever is put in place will have some way of addressing that because the water they are going to put out as reuse water is not going to be of a quality that could be used on a potable garden, one that you could eat the food from. He stated he just wants to get them thinking about this before they write an ordinance that restricts gardening. August 12,2013 REGULAR COMMISSION MEETING Page 6 Ms. Kaluzniak stated reuse water is prohibited on garden foods. She stated you can use it on citrus or something that you are going to peel but you would not be allowed to use reuse water on gardens with peppers or tomatoes, etc. She stated they would need to do a public education to inform people that they would need to use potable water for irrigating their vegetable gardens. She stated they had not thought about it but they could send out brochures or she could do a presentation to homeowners' associations, etc. She stated they will have signs and information for the country club residents and although it won't affect other people right now, in the future it could. Commissioner Woods stated when people get their water turned on may be the appropriate time to also let them know. Discussion ensued. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 20-13-124, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20-13-124 by title. Motion: Approve Ordinance No. 20-13-124 as read. Moved by Woods, Seconded by Daugherty Mayor Borno explained this is adding a budget for revenues and expenses for a grant to construct the first phase of the Marsh Master Plan. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED E. ORDINANCE NUMBER 90-13-219,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY-SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY- FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; August 12,2013 REGULAR COMMISSION MEETING Page 7 PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-219 by title. Motion: Approve Ordinance No. 90-13-219 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is amending the zoning for the Country Club to add as many as 20 additional residential units for a maximum of 200 homes. Commissioner Woods asked for clarification that this amendment is subject to all of the conditions for the rest of the property in the original approved SPA. Mike Griffin stated this would be in addition to the SPA that was already passed. Commissioner Woods asked if the recreational/conservation easement being drafted includes this. Mr. Hanson stated the conservation easement was not intended to cover the additional acreage that this 20 units is to fit in. Commissioner Woods stated there has been a lot of discussion about this extra piece of property and it is not to be in the conservation easement and she just wanted to make sure that is the way it is really ending up. Mr. Griffin stated that is the way he understands it. Mr. Hanson stated the conservation easement is not referenced in this ordinance at all; it will be referenced in the later agreement that is yet to be brought to the Commission for approval. He stated it is presently being worked on. He stated it is his understanding that the conservation easement is not intending to apply to the land the houses are being built on. Commissioner Woods stated she thought they put language in there that said development could not begin until the conservation easement was in place and it will spell out that this property is not included in it. Mr. Hanson stated that was correct. Commissioner Daugherty asked if the City could put a reverter clause that would put that land under a conservation easement when the loan was paid off. Mr. Jensen stated it is not the City's business to interfere in how a private corporation pays back their loan, when they do it, etc. Commissioner Daugherty further asked if this had originally come to them as 200 units would they have been so eager to approve it. He stated he has had a lot of people contact him who are concerned about the traffic on Seminole. Mayor Borno stated that would be addressed with traffic studies should it ever be proposed to be developed. He stated this is being utilized as it was explained, for collateral for the club, and if anything changes and they are going to build anything they have to come back and go through some other processes with the City. Mr. Hanson clarified they would not have to go through another zoning process, but they would have to go through the development process for road plans, etc. Discussion ensued. Commissioner Mark explained the purpose of getting the zoning now is so that if they do need to use it in the future for collateral,the financial institution they may go to will see that value because the zoning has already been approved. She stated it is their hope they would not have to develop it. She stated it would not be an advantage to the country club to not have a driving range and practice facilities, which is a key amenity to a golf course. Discussion ensued. Mayor Borno addressed Commissioner Daugherty's comment about the traffic study, stating his inference that whoever pays for it gets the benefit out of it. He stated he takes exception to that, stating that is a professional company that has been in business for 30 years and he is challenging their expertise and their professionalism on the results. He stated he wanted this in the minutes as a matter of record. Discussion ensued. August 12,2013 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Mr. Hanson stated they were requested by the country club, for timeliness so they could move their project ahead, that the Commission try to move this ahead as quickly as possible and the Mayor has agreed to call a special meeting at the start of the next workshop. He stated therefore there will be a second reading on this before the next workshop. Commissioner Beckenbach stated he also received some information from the North Florida Land Trust and believes everyone also received that. He asked if that will be discussed at that point or will they have a meeting prior to that to discuss that. Mr. Hanson stated if it is ready to come out with that agenda,they will get it out. He stated there are a lot of comments on that and he is beginning to be doubtful that all the pieces of that will be worked out by that time. He stated they had hoped to have it for that same meeting but they will have to see how far they can get on it this week. Commissioner Beckenbach stated so the main concern is for the second reading to be in two weeks on this Ordinance. Mr. Hanson stated the country club asked that it be moved ahead so they agreed they would have a special meeting for this just for the zoning. He stated if the master agreement and the related conservation easement are not ready for final approval at that time, they will have to be done at a later meeting. 8. Miscellaneous Business A. Public Hearing for UBEX-13-00100056. Request for a use-by-exception to allow on-premises consumption of alcoholic beverages including beer, wine and liquor by Javier U. Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG)zoning district. Motion: Approve request for a use-by-exception to allow on-premises consumption of alcoholic beverages including beer,wine and liquor. Moved by Beckenbach, Seconded by Daugherty Mayor Borno explained this use-by-exception is to allow on-premises consumption of alcohol at 1021 Atlantic Blvd. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Daugherty expressed concern that the application was filed on May 23 and he believes one of the unintended consequences of moving the meetings to once a month is that it adds to the time it takes for these and it is not very business-friendly. He stated they should look at how they can expedite this process. Mayor Borno agreed, stating this was something to look at and see what they can recommend for the future. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED August 12,2013 REGULAR COMMISSION MEETING Page 9 B. Public Hearing for UBEX-13-00100059. Request for use-by-exception to allow for the sale of electric vehicles in a new building within the Commercial General (CG) Zoning District (58 10th Street West). Motion: Approve request for Use-by-Exception. Moved by Woods, Seconded by Beckenbach Mayor Borno stated the Commission must decide which, if any, conditions to put in the approval. He stated there were four conditions recommended by staff and the applicant objected to one that would prohibit test driving vehicles in the neighborhood. He summarized this is to approve a Use-By-Exception to allow sales of electric vehicles at 58 W. 10th St. Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court W., spoke in favor of this use-by-exception stating this is the type of business he would like to see in our City. He stated he is concerned that one of the Commissioners is just simply worried about vehicles going down the street near him. He stated he doesn't see them doing that. He stated he has watched their videos and they actually seem to promote our City in a very positive light and that is the kind of business we would like to have in our City. He stated this same Commissioner was concerned that we might not get sales taxes because these vehicles are purchased on-line. He stated he would like to take a look at that sales tax issue and the Commission may bring that up. He stated he does support this and believes it will bring revenue to our City and is the type of business he would like to see. Linda Almeida, 282 Magnolia Street, stated she would like the consideration be given that when they are selling there needs to be the truth-in-lending idea that you cannot drive it on the street if it is not tagged and titled. She stated that is sales tax and even if you do buy something on-line if you have a location in the state they do collect sales tax. No one else from the audience spoke so he closed the Public Hearing. Commissioner Daugherty stated he went by their facility and he was very impressed, stating it was one of the cleanest buildings he has seen in Atlantic Beach. He stated while this may not be the best thing for the neighborhood he believes it will be fine and based on what he has seen from their business there isn't a lot of noise that comes from it. He proposed that they approve this with the recommended conditions 1, 2, and 4. Motion: Amend to include following conditions: (1) No outside sales or outside placement of merchandise shall be allowed; (2) The applicants shall construct a building similar to what is presented in "Site Plan 2",with parking on the west side of the building; and (3) All of the development standards listed in this staff report and in the Land Development Regulations shall be incorporated into the design at construction plan approval. Moved by Daugherty, Seconded by Beckenbach Commissioner Beckenbach stated he also stopped by the business and was impressed with the facility and the cleanliness. He stated he believes it will enhance the neighborhood and the owners will take care of it and he recommends it as well. Commissioner Woods stated she is concerned about the condition about no outside sales or placement of merchandise and believes allowing a certain amount of the finished product out there might be okay. She August 12,2013 REGULAR COMMISSION MEETING Page 10 asked if they decide they want to expand, could they come back and have this condition amended. Discussion ensued. Votes: Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Commissioner Daugherty stated one of the concerns he has is that the owner of the property wants to build a metal building which he believes is not aesthetically pleasing for the neighborhood. He stated along the Mayport Road Corridor a building like that has to be covered with a stucco finish because they are trying to improve the look of the Mayport Road Corridor. He asked if the Commission wants to have a metal building there and asked the owner if that would be cost prohibitive. Mr. Hanson stated if the applicants have not been made aware of this proposal beforehand he believes it certainly would be appropriate to give them the opportunity to have some input. Deborah Jackrel, 13707 Little Harbor Court, Jacksonville, the owner, stated cost-wise it would be prohibitive. She stated she is not saying she would not have some kind of design to the building; she just doesn't want it to be forced upon them to have to go through that kind of expense. She stated she will be landscaping beautifully and will be keeping the place nice. She asked that they please not inflict that kind of expense that they really can't afford to do. Mayor Borno asked her if when they went through the Community Development Board was there any conversation about the type of building. Ms. Jackrel stated no. Mike Griffin stated that building is located more than 100 ft. from Mayport Road so it is actually out of the Mayport Corridor requirement for the wood and stucco finish. Discussion ensued. Both Commissioner Woods and Mark spoke against requiring stucco on the building. Jason Canning, 1713 Furman Road, Jacksonville, stated the owners are going to make this aesthetically pleasing; they personally like to dress their building up with more landscaping than is required by zoning. Commissioner Woods called the question. Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED C. Public Hearing for ZVAR-13-00100058. Request for variance from Section 24-161(h), to allow a reduction in required parking from 19 spaces to 11 spaces(58 10th Street West). City Attorney Alan Jensen stated the parking variance has already been approved by the Community Development Board and no action is necessary by the Commission. Commissioner Mark stated, as a point of order, they were to vote on calling the question, then vote on the amended motion. She stated they still need to vote on the amended motion(pertaining to Item 8B). Mayor Borno called for a vote on the motion as amended. August 12,2013 REGULAR COMMISSION MEETING Page 11 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED D. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage. (149 Oceanwalk Dr. S.) Motion: Approve requested waiver to the City Code Section 19-7 requirements. Moved by Woods, Seconded by Beckenbach Mr. Hanson explained Mr. Carper had a conversation with the applicant this afternoon and the Oceanwalk Homeowners' Board was not able to meet to discuss a modified request and he was hoping to have the request deferred. He stated, however, if they want to approve it tonight, he is sure he would be happy. Mr. Carper further explained, from his conversation with the applicant today, the ARC had not met to review his modified proposal. He stated, historically, the Commission has not approved plans that had not been approved by homeowners' associations. He stated he is working with the ARC to get back before them with the modified plan and asked that we defer this. Commissioner Beckenbach withdrew his second and Commissioner Woods withdrew her motion. Motion: Defer until applicant comes back to the Commission. Moved by Woods, Seconded by Daugherty Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED E. Staff recommendations on addition to Chapter 21 parking on right-of-way. Mayor Borno stated this was previously reported by Chief Classey and asked if there were any questions. Motion: Direct staff to prepare an ordinance. Moved by Beckenbach, Seconded by Woods Commissioner Daugherty stated he believes this is something to keep in mind during the budget meetings when they discuss streetscape improvements to Seminole Road. He stated by doing the bioswales he believes it would eliminate a lot of the problems that exist. Commissioner Woods stated she believes another important thing for Seminole Road and the arterial streets are bike lanes. She stated if they add bike lanes it will also help make the easements small enough that cars won't fit. She stated their number one priority for the strategic plan was pedestrian and bicycle safety and they have a lot of serious bike riders and they need to get them off the sidewalks and have a safe place for them to be; that's the kind of community we are. She wants to make sure that becomes part of their plan for all of the arterial streets when possible. Discussion ensued. August 12,2013 REGULAR COMMISSION MEETING Page 12 Commissioner Mark stated they should be discussing the ordinance and they should stay on task. She stated they need to look at the ordinance and determine what the proper violations would be and the enforcement of parking on the right-of-way. Chief Classey summarized his staff report and the recommended changes. He stated before he puts this in Ordinance form he will get with the City Attorney to fine tune the wording. He answered questions from the Commission. He stated what he is looking for now is a consensus that they want him to come back with an Ordinance with final wording and a fine structure. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED F. Construction Services for Rose Park Improvements. Mr. Carper summarized his staff report stating, since the workshop, he has had further negotiations with Allen Borden, head of C.C. Borden Contractors and the amended price of the purchase order would be $189,527, which leaves a contingency for upgrades and dog park access of approximately $15,000. He stated staff recommends the Commission authorize staff to complete negotiations and authorize the City Manager to sign the contract for this amount. Mr. Hanson clarified they are authorizing the award of the contract. Motion: Direct staff to negotiate with C.C. Borden to bring cost within budget as discussed and authorize the City Manager to execute the construction contract and necessary change orders for construction up to the authorized budget. Moved by Daugherty, Seconded by Woods Discussion ensued and Mr. Carper and Mr. Hanson answered questions from the Commission. Votes: Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Hanson stated since the last workshop, when he reported the Police Department had checked a number of businesses which resulted in no businesses in Atlantic Beach selling alcohol to the minors, they had another check on July 31. He stated they checked another 20 businesses and again no one sold alcohol to minors. He stated the Police Department has done an excellent job in getting the word out to businesses. He reported the third Budget Workshop is tomorrow night at 5:00 p.m. in the Chamber. He also reported they have scheduled a Shade meeting at 5:45 before the workshop on August 26 to discuss union negotiations. He stated they do not plan on serving food. 10. Reports and/or requests from City Commissioners and City Attorney August 12,2013 REGULAR COMMISSION MEETING Page 13 A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager/City Clerk/City Attorney. Commissioner Beckenbach thanked Karen Kempf for the work she has done. He stated he will bring this back at the next workshop. B. Discussion of City Code pertaining to parking restrictions for boats and trailers. Commissioner Daugherty stated residents asked that the Commission consider this. He stated there were three things the Commission came back to Jim Hanson with for the Community Development Board to look at. Mr. Hanson stated the three items were: the boat parking in front yard; anything we can do from a zoning standpoint to encourage businesses along Mayport Road like the ones approved tonight; and look at tree ordinance to see if it should be changed anyway to further discourage the elimination of our tree canopy. Motion: Direct Community Development Board to look at the three issues as well as ways to speed up the use-by-exception process and report back to the Commission. Moved by Daugherty, Seconded by Woods Discussion ensued. Mayor Borno stated if they are looking for recommendations related to all the intricacies of the scheduling for use-by-exceptions that isn't within the parameter of the Community Development Board. He stated staff should give them that advice and that is a policy decision that falls under the responsibility of the Commission. Commissioner Woods stated they would just be looking at what is in the Ordinances that affects the schedule. Mayor Borno stated he doesn't believe that needs to go before the Community Development Board; it is something that should be worked out between staff and the Commission. Further discussion ensued. Mr. Hanson stated there are deadlines for publication requirements for the public hearing notice and asked Mr. Griffin if the Commission would always be able to move something like this forward to a special meeting or would that violate some of those publication requirements the Commission put in the Code. Mr. Griffin replied, as long as they get the 14 day publication requirement in they should be ok. He stated it was discussed moving the Community Development Board meetings to the first of the month which would help in that process and eliminate a couple of weeks in the three month time it takes to get someone to the Commission. Mr. Hanson clarified that if the Commission were to ask this to be moved up for a special meeting they would have to do it at least more than two weeks before that meeting in order to get it publicized. Commissioner Daugherty stated in Atlantic Beach they have developed a reputation of not being very business-friendly and these are two examples of that tonight. He stated he wants to take this back to the Community Development Board to look at it to see how they can speed it up or do they want to speed it up. Commissioner Woods stated she believes it is worth looking at the question. Commissioner Mark stated the Commission is the policy maker and the Community Development Board implements policy, so if the Commission is considering any kind of change to policy it would seem to her that it would come from the Commission. Mr. Jensen stated that it correct. He stated the Community Development Board doesn't necessarily implement policy; they used to be called the land planning agency of the City. He stated there is a simple fix to the use-by-exception process. He stated they are less drastic in nature than a variance to the Ordinance and the Community Development Board has final authority and final say so on a variance request. He stated it would be very simple to amend the Ordinance to give them final decision on uses-by-exception. He stated the decision would be the City's final decision. Commissioner Mark asked if the applicant would have the opportunity to appeal to the Commission at that point or would they go directly to Circuit Court. Mr. Jensen stated they have an opportunity to appeal to the Commission now. He stated it would come to the August 12,2013 REGULAR COMMISSION MEETING Pate 14 Commission first. Mr. Griffin stated that is the way a lot of cities and counties do that. He stated, although the Planning and Zoning Board or CD Board is the advisory board, they make that board the final determination and if anyone has a problem with that, they appeal to the City Commission. Mayor Borno stated he still believes strongly that it belongs with the Commission. Roll Call Votes: Aye: 3—Daugherty,Mark,Woods Nay: 2 - Beckenbach,Borno MOTION CARRIED Commissioner Beckenbach asked that Mr. Carper present the proposal to beautify Seminole Road. Mr. Carper explained this was a proposal he made to the Commission in 2008 to beautify the section of Seminole Road between Atlantic Blvd. and the five-way. He summarized his proposal and showed a slide of the possible streetscape typical section, explaining a bioswale. Discussion ensued. Mr. Carper answered several questions. Commissioner Woods • Apologized for her golf cart being parked. She explained her husband had parked it there and she had no idea. Mayor Borno • Will be leaving on Wednesday for Florida League of Mayors and then to the FLC Convention Thursday, Friday and Saturday. Commissioner Mark stated she was also going but not until Thursday. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:51 p.m. y £ Mike Borno ATTEST: Mayor/Presiding Officer 4,4 et{Sae, Donna L. Bartle, CMC City Clerk *A Workshop was held on July 22, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion.