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10-28-13 Special Called Meeting MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON OCTOBER 28,2013 PRESENT: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The Mayor called the meeting to order at 6:33 p.m. in the Commission Chamber. Item 2 was taken out of sequence and acted on at this time. 2. RESOLUTION NO. 13-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGNATE STATE ROAD AlA IN ATLANTIC BEACH, DUVAL AND NASSAU COUNTIES AS A FLORIDA SCENIC HIGHWAY Mayor Borno read the Resolution by title. Motion: Approve Resolution No. 13-15. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Beckenbach,Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED Mayor Borno presented the Resolution to Linda Lather, explaining this supports designating a portion of Al A as a scenic highway. Ms. Lather accepted the Resolution and further explained this designation. A slide was shown of the portion of the highway designated in this Resolution. 1. 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. Teresa Flores, 233 Belvedere St., addressed the Commission regarding the request for a crosswalk at David St. and Seminole Road. She gave the history of the new crosswalks at Seminole and 11th and Seminole and 15th and asked that they reevaluate their request for this crosswalk. Sheri Lawhun, 190 Seminole Road, also addressed the crosswalk at David St. and Seminole Road stating they need one there because it is very unsafe. She gave a handout to the Commission and related her concerns regarding her previous requests to various staff for a crosswalk at this location. Eric Kritsky, 196 Seminole Road, stated this stretch of Seminole Road from the municipal building to Atlantic on the weekends is a drag strip. He stated they need the crosswalk at David and Seminole Road for the safety of the pedestrians within this area. Lou Keith, 1845 Tierra Verde Drive, addressed the Commission regarding agenda item 4C. He asked if any of the labs were involved in the recent E. coli testing and if they were he believes consideration should be given to not use them. He stated he believes it was poor judgment that a live person did not call Ms. Kaluzniak or someone to report this. Related to item 12A, he also asked Commissioner Mark if the 9:00 a.m. on weekends for cutting lawns would include all contractors, i.e. building contractors, etc., or is it just going to be for citizens mowing their yards and lawn contractors. He stated he believes it is bad to single out one contractor and believes it should include everyone. Donna Mount, 231 Seminole Road, addressed the crosswalk, stating her husband recently had hip surgery and two knee replacements and he is finding it is harder to cross the street with the traffic. She believes a crosswalk will be helpful. She also asked for an update on the ordinance on cars parked on the right-of-way and the streetscape. Paul Gunsaulies, 780 Begonia Street, addressed the moratorium that was discussed at a previous meeting for the 15 ft. rule for campers, boats and recreational vehicles. He stated since they didn't actually vote on it, it didn't actually happen and asked that they readdress that moratorium and follow through with what they agreed to do previously so he and his neighbors are not in violation until this is resolved. Richard Selby, 3 Forrestal Circle N., stated he believes they should put in the crosswalk and if they are going to put them in over here, they better consider putting them in on Mayport Road. He stated they have been very negligent about all businesses there. Mitch Reeves, 1663 Sea Oats Drive, related an incident at the crosswalk at the tennis courts and stated he can understand their frustration on that road. He also stated he didn't see any of the Commissioners or City officials at this weekend's Halloween event for the children at town center and was disappointed he saw no police on the Atlantic Beach side to help the children cross the street. He stated it could have been due to bad communication but if it was there needs to be some way to open those communications. He stated he would like to see that corrected next year if it comes up. He stated his real reason to address the Commission tonight was because of questions he received from citizens about the agenda of Nov 12. He stated after the new Commission takes their oath the agenda does not have the Courtesy of the Floor to Visitors and asked if, when the new Commission goes into session, since it will be a new meeting, will they offer public speaking before that meeting. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 2. RESOLUTION NO. 13-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGNATE STATE ROAD AlA IN ATLANTIC BEACH, DUVAL AND NASSAU COUNTIES AS A FLORIDA SCENIC HIGHWAY -2- This item was taken out of sequence and acted on earlier in the meeting. 3. Public Hearing on UBEX-13-00100071,57 West 9th Street. Request for use-by-exception as permitted by Section 24-111(c)(6), to allow the sale of electric vehicle, including street legal golf carts, to be located on a property within the Commercial General (CG) zoning district at 57 West 9th Street. Mayor Bomo read the use-by-exception by title. Mr. Hanson explained there was an error in putting this on the agenda. He stated they understood the applicant wanted it done quickly, however they found they did not have time to properly advertise this for the Public Hearing tonight. He stated staff will explain the staff report but it will have to be acted on at the November 12 meeting. Jeremy Hubsch explained the use-by-exception stating this is for a different site than previously approved. He showed slides of the new site and a preliminary site plan, a list of examples of potential uses in CG zoning, and development standards. He stated the Community Development Board voted 6-0 to recommend approval. He stated the applicants did want to display some vehicles which they will bring inside in the evenings and the Commission will need to consider whether to allow that. He answered questions from the Commission. Ted Jackrel, 13707 Little Harbor Court, (owner of the business)also answered questions from the Commission. Commissioner-elect Jimmy Hill asked that the record show that he was in the audience for viewing purposes only so this can get fast tracked. Mayor Borno opened the Public Hearing. No one spoke so he closed the Public Hearing. Mayor Borno stated no action could be taken tonight. Motion: Defer to November 12,2013 on the current Commission's agenda. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 4. ORDINANCE NO. 75-13-19,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING AND PARKING TO RENAME PARKING MORE THAN SEVENTY-TWO HOURS PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT SECTION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 75-13-19 by title. Motion: Approve Ordinance No. 75-13-19. Moved by Daugherty, Seconded by Mark Mayor Borno explained the Ordinance is revising the parking ordinance to make it easier for the -3- Police to enforce parking limits on the right-of-ways. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Beckenbach,Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED 5. Crosswalk on Seminole Road at David Street. Mayor Borno stated he had asked that this be put on the agenda and explained that Chief Classey would give a report on this. Chief Classey explained the criteria for putting in crosswalks. He pointed out that every intersection is a legal crosswalk; it doesn't matter if lines are painted. He stated lines do not require anything greater from the driver than an unmarked crosswalk. He stated sometimes there is almost a false sense of security in a marked crosswalk with people thinking if I step out into it, the car has to stop, which is not true. He explained the car only has to yield or stop for a pedestrian in the crosswalk if the pedestrian already has control of the crosswalk and a pedestrian is only able to get that control of a crosswalk by stepping out when it is safe to do so. He stated you can't just step out in front of a car into a marked or unmarked crosswalk. He stated this crosswalk is within a school zone and they don't want to encourage people, primarily the kids walking to school, to cross there because they have a marked crosswalk at Seaspray that is manned by a crossing guard in the morning and afternoon. He stated that is where they want to direct people to cross at because it is a much safer place. He further explained additional reasons for not putting in a crosswalk at this intersection. He also discussed the crosswalks at 11th Street, which he stated has had a crosswalk there for 20 years, and 15th Street, explaining why these intersections are quite different from David Street. He answered several questions from the Commission. Discussion ensued. Mayor Borno further explained the reason he brought this up was to provide uniformity and to be consistent. He stated he would lean toward putting the crossing lights and the sign up for pedestrian crossings. He also mentioned the flashing lights at the school zone remaining so far down Seminole, at what used to be the original crossing until they shifted it to Seaspray. Chief Classey stated they asked Duval County Schools to look into that, because it does seem excessively long on the south end, and they said they don't want to move it. Further discussion ensued. Rick Carper stated one of the projects on the list to be discussed tonight is to install a sidewalk down Sturdivant from Seminole Road to Sherry Drive. He stated right now David Street ends at Atlantic Beach Elementary. He stated they will probably be having this same conversation sometime down the road for a crosswalk at Sturdivant. After further discussion Commissioner Beckenbach stated he would like to workshop this item. Motion: Defer to November 25th Workshop. Moved by Beckenbach, Seconded by Woods Discussion ensued. -4- Mr. Carper stated he will prepare and release the RFP for the Seminole drainage and streetscape improvements the first week in December so the actual RFP would not be awarded until February and the Saltair improvements are a month behind that. Commissioner Woods asked if they could discuss this at the November 25 meeting. Mr. Carper stated they could. He stated he won't have the plans ready for 6-8 months but they can talk about it in the workshop and getting more guidance from the Commission helps him refine his RFP before he releases it. Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 6. Board Member Review Committee recommendations for appointments to the Police Officers' Pension Board of Trustees and the Community Development Board. Commissioner Daugherty explained the recommendations of the Board Member Review Committee for the vacancies on the Police Officers' Pension Board of Trustees and the Community Development Board. Motion: Reappoint William Tomson and John Wolfel to serve an additional term on the Police Officers' Pension Board of Trustees. Moved by Daugherty, Seconded by Borno Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Motion: Reappoint Kirk Hansen and Patrick Stratton to serve an additional term on the Community Development Board beginning January 1, 2014. Moved by Daugherty, Seconded by Borno Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Motion: Appoint Linda Lanier to serve on the Community Development Board for a term beginning January 1,2014. Moved by Daugherty, Seconded by Borno Commissioner Mark disclosed Ms. Lanier serves on her Board of a non-profit and asked if she needs to recuse herself from voting. Mayor Borno asked if there was a benefit for her getting on the Board. Commissioner Mark stated no it is all volunteer. Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED -5- Mr. Hanson pointed out there was a minor change in the wording of the Resolution adopted and to keep the minutes correct they should make an amendment. He explained on the 4th Whereas there was a strike out as follows "allowing for an extension of an existing route;". Motion: Amend Resolution to remove the above wording. Moved by Woods, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Mayor Borno called for a vote to pass the Resolution, as amended. Votes: Aye: 5—Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 7:58 p.m. 2 .i . Carolyn o I ds Mayor/Presiding Officer ATTEST Q6/4/1M rS4%* Donna L. Bartle, CMC City Clerk -6-