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12-8-14 MINUTES REGULAR CITY COMMISSION MEETING December 8, 2014 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tern Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Workshop Meeting of November 19, 2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods thanked everyone for coming, stating this is a very special event where we get to present some Life Saving Awards to a few of our officers. She stated the City of Atlantic Beach Police Department recognizes department members for their exceptional performance in the area of preservation of human life and while an officer's daily actions may ultimately result in increased safety to the public, there are some circumstances when officers encounter situations where their actions have an undeniable and direct effect to save a life. She stated tonight Commander Vic Gualillo is going to present a few awards to some officers. A. Presentation of Life Saving Award to Police Officers Jason Fissel and Stephen Davis. Commander Vic Gualillo explained the details of a situation that occurred on October 6, 2014 and presented the Life Saving Award to Officers Fissel and Davis for their very quick and decisive action to save a human life. He stated, along with the Award, these officers will be able to wear a commendation bar on their uniforms, which will be presented to them at a later date. B. Presentation of Life Saving Award to Police Officers Tricia Anderson, Carl Johnston, Justin Veal and Sergeant Chris Pegram. Commander Vic Gualillo explained the details of a situation that occurred on November 10, 2014 and presented the life saving award to Officers Anderson, Johnston, Veal and Sgt. Pegram for their life saving actions and wonderful things they did that day to protect that citizen. He stated they will also be given the commendation bar to wear on their uniforms. Commander Gualillo stated it is easy to say these officers did the right thing, but asked everyone to consider what impact might have happened if things didn't go quite so well and the comments that might have come out about their actions. He stated our society expects and their profession demands that police officers step into those difficult situations and make those decisions and take bold actions to help protect the public. He December 8,2014 REGULAR COMMISSION MEETING Page 2 asked how much easier would it have been, and even safer for them, to have just sat back and done nothing at all and just talk. He stated the fact that these officers took the opportunity to capitalize in those situations when they saw an opening is quite a bold move, but we require that of them. He stated those are difficult decisions they have to make at the spur of the moment and he is quite thankful that they have the ability and intestinal fortitude to do that. He stated these officers exhibited exceptional professionalism, bravery and teamwork while working together to save the lives of persons in great distress. He stated they want to thank them for their service and for their bold actions in taking the initiative. Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Judith Leroux, 1745 Selva Marina Drive, spoke in support of opening an access on Seminole Road to Hanna Park. Larry Walshaw, 90 Ocean Breeze Drive, spoke in opposition to opening an access on Seminole Road to Hanna Park. Kirk Hansen, 2393 Ocean Breeze Court, spoke in opposition to opening an access on Seminole Road to Hanna Park. Michael McGahan, 1301 1st St. S.,Jacksonville Beach, spoke in support of opening an access on Seminole Road to Hanna Park. Tom Gibbon,345 4th Street, spoke in support of opening an access on Seminole Road to Hanna Park. Karl Rankin, 717 Valley Forge Rd. N., Neptune Beach, spoke in support of opening an access on Seminole Road to Hanna Park. Saswata Roy, 90 Ocean Blvd./140 8th St., spoke in support of opening an access on Seminole Road to Hanna Park. Rebekah Hope, 515 Selva Lakes Circle, spoke in support of opening an access on Seminole Road to Hanna Park. Chris Jorgensen, 92 W. 3rd St., spoke in opposition to parking spaces on Seminole Road between City Hall and Atlantic Blvd. Jerry Johnson, 2322 Beachcomber Trail, spoke in opposition to opening an access on Seminole Road to Hanna Park. Michael Hosto, 2329 Barefoot Trace, spoke in support of opening an access on Seminole Road to Hanna Park. Richard Vinas, 2215 Laughing Gull Circle, spoke in support of opening an access on Seminole Road to Hanna Park. Bonnie Hansen, 2393 Ocean Breeze Court, spoke in opposition to opening an access on Seminole Road to Hanna Park. December 8,2014 REGULAR COMMISSION MEETING Page 3 Tom Owen, 2225 Oceanwalk Dr. W., spoke in support of opening an access on Seminole Road to Hanna Park. Lisa Elwell, 125 Bouganvilla Dr., spoke in support of opening an access on Seminole Road to Hanna Park. John November, 647 Beach Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. Eric Sherline, 1774 Selva Marina Drive, spoke in support of opening an access on Seminole Road to Hanna Park. Annabelle Usher, 2887 Jacob Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. Rich Reichler, 2025 Beach Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. Jim Steele, 1874 Beach Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Item 8B was taken out of sequence and acted on at this time. B. Open Access to Hanna Park from Seminole Road. City Manager Nelson Van Liere summarized his staff report. He stated he is looking for direction from the Commission as to whether to pursue this or not. Commissioner Daugherty explained the Safe Routes to School Program that will fund a bike path that will be put in along Seminole Road from Oceanwalk down through Atlantic Beach Elementary. He stated he appreciates Mr. Van Liere bringing this forward; it shows a lot of initiative and he is 100%in support. Commissioner Hill expressed concern about the transients in the campground, but suggested a video camera at the gate as a solution. He stated he is on the fence; there are pros and cons to this. Commissioner Mark stated she looks at what can enhance the community and the quality of life. As a disclaimer, she stated her other part-time job is Executive Director of the Timuquan Trail Parks Foundation and their mission is to create access for the community to our incredible parks system, of which Hanna Park is one of them. She stated she sees opening the access as a great benefit to the community. She stated she is in full support of this and she is happy to meet with anyone who has any concerns. Commissioner Beckenbach stated he understands there are concerns but he has seen what that park has done for himself and his family. He stated he believes opening this would be wonderful for the community. He stated Oceanwalk made a recommendation for an Ad Hoc Committee to be put together to consider the plusses and minuses and he would have no problem with putting together some kind of Ad Hoc Committee to move this forward a little bit more. December 8,2014 REGULAR COMMISSION MEETING Page 4 Discussion ensued. Commissioner Hill asked the City Manager if they had discussed how one would pay to enter the gate. Mr. Van Liere stated when he spoke to one of the individuals in Jacksonville about it, he was concerned that they do charge the $3 fee at the front gate for pedestrians and bikers and asked how many people came through the gate. He stated he was told that for six months of the year there were 100/month and the other six months there were 50/month. He stated at $3 that was $2700 for the entire revenue stream from this. He stated they suggested we do a pilot; they would monitor the revenues at the front gate to see if they took a hit. He stated for the possibility of having a gate with no charge; they only lose $2700. Commissioner Daugherty stated he wanted to confirm he heard it right that Jacksonville is open to doing a pilot program with us. Mr. Van Liere stated the individual he spoke with thinks it is a great idea and they would like to work with us on trying to make that happen. He stated this individual is not an elected person and doesn't have the final say, but all we can do is propose. Commissioner Daugherty stated he doesn't want the Commission to talk about this for the next 3-4 months and take another 6-7 months for it to get done; he would really like to see the pilot program get started in the spring. He asked what is the best way to get the ball rolling on this. Mr. Van Liere stated he believes they would want to get approval from Jacksonville before they go there. He stated they should have a discussion about exactly how they are going to do this, i.e. whether it will be a pass gate, a gate that gets closed, etc. He stated they need to have that conversation with Jacksonville now that there is a consensus, he assumes, to move forward. He stated he can put it back on the agenda at the next meeting for unfinished business to request staff to move forward, exploring the possibilities of working this out with Jacksonville. Mayor Woods stated she would like to comment. She stated she has some areas of concern that haven't come up yet that she wants to discuss. She stated her biggest problem with this is our concept of Atlantic Beach being a cul-de-sac city. She stated cul-de-sacs are very private; people move there specifically for that because they are safe, you know your neighbors, etc. She stated Atlantic Beach is a cul-de-sac town. She stated we are a private, residential neighborhood and when you start messing with that, there are intangibles that you can't put your finger on, but they are gone. She stated she wanted to make it clear that giving up a cul-de-sac community is a big give. She stated Seminole Road from Atlantic Beach to Hanna Park has a problem with bicycle safety and we are magnifying that problem by opening the gate. She stated they are looking at improving Seminole Road from Atlantic Blvd. to the five points. She stated if they are really going to open up Hanna Park, the concept of how they develop the entire roadway needs to be looked at. She stated they need to put in some traffic calming concepts that will also help with the bicycles. She stated she believes to redesign the entire road and assure it is safe for the all the increased bicycles will be a huge cost to the City. She stated another issue is our Comp Plan which calls for them to protect the residential character of Atlantic Beach. She stated she believes people have a reasonable expectation that if you live in a neighborhood then you experience neighborhood traffic; not regional or national traffic, even if it is only bicycle traffic. She stated she isn't saying she isn't going to consider it but she is saying there is a whole lot more to it than just the access to the beach. She stated they will continue the conversation and move forward. She asked that the citizens keep the emails coming; they do read them and listen to what they have to say. She stated they will have this on the next agenda for further discussion. Mayor Woods recessed the meeting at 8:14 p.m.; she reconvened the meeting at 8:21 p.m. 3. Unfinished Business from Previous Meetings A. PLAT 14-00100039 (1251 Selva Marina Circle) Mayor Woods stated this is a land use issue and she opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. December 8,2014 REGULAR COMMISSION MEETING Page 5 Building and Zoning Director Jeremy Hubsch gave a slide presentation, stating they updated the staff report adding the condition to limit the driveway widths to 12 feet for the front 20 feet of the property and from there on limit the driveway width to 24 feet on the remainder of property, which would limit the impervious surface within the project. Motion: Approve Plat 14-00100039 (1251 Selva Marina Circle), with the conditions that the existing structure on site is demolished or altered within 120 days of approval; limit the driveway widths to 12 feet through the right of way and within 20 feet of the property line that is adjacent to cul-de-sac; limit the driveway width to 24 feet on the remainder of property. Moved by Mark, Seconded by Daugherty Votes: Aye: 3—Daugherty, Mark,Woods Nay: 2—Beckenbach, Hill MOTION CARRIED 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 for October 2014. B. Authorize Mayor Carolyn Woods to sign any required paperwork for the Justice Assistance Grant on behalf of the City. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. December 8,2014 REGULAR COMMISSION MEETING Page 6 8. Miscellaneous Business(Discussion only) A. Public Hearing on request for use-by-exception (UBEX-14-00100045) to allow welding, metal fabrication, and sheet metal works in the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. Mr. Hubsch explained the use-by-exception showing slides of the zoning map and location, project information, light industrial and warehousing zoning district requirements, review of application for use-by- exception considerations, and findings of fact for approval. He stated the Community Development Board unanimously recommended approval with the condition that they would limit the hours of operation from 7:00 a.m. to 6:00 p.m., Monday — Saturday so as to not negatively impact the neighbors from a noise perspective. He further stated that Public Utilities Director Donna Kaluzniak and Public Works Director Doug Layton stated they would also like a condition considered to have no industrial discharge. Mr. Hubsch stated he would also want a condition included that there would be no outside usage of welding and metal fabrication. Mayor Woods opened the Public Hearing. Feriz Delkic, owner of property at 325 Mealy Drive, explained the background of his business stating it involves consulting, manufacturing and application. He stated they do not discharge anything and are friendly to the EPA program. He stated he will be giving the company to Zanin Basic in the future. He asked the Commission to continue to allow him to operate his business at that location. Chris Jorgensen,92 W. 3rd St., stated, as a resident in the general area, he sees this as viable and beneficial. No one else from the audience spoke so the Mayor closed the Public Hearing. At the request of Commissioner Beckenbach, Mr. Hubsch explained why there was a need for a use-by- exception. Discussion ensued. City Attorney Komando further explained every zoning category has permitted uses and then they have uses- by-exception so although it may not be exactly what the intended zoning area is for, it is something that is still acceptable but it has to come before the Commission if there are any conditions, exceptions, etc. Mr. Delkic answered questions from the Commission. Mr. Hubsch clarified there will be a change of ownership and they will be adding the repair of roll-off dumpsters. Discussion ensued. Addressing a concern of Commissioner Daugherty regarding noise from the metal fabrication, Mr. Delkic stated the building is well insulated with the proper noise level. It was the consensus of the Commission to move this item forward to the next meeting. B. Open Access to Hanna Park from Seminole Road. This item was taken out of sequence and acted on earlier in the meeting. C. Upgrade Chamber's Camera System from Single to Multiple Cameras. December 8,2014 REGULAR COMMISSION MEETING Page 7 IT Director Keith Randich summarized his staff report explaining the current fixed camera system in use and the proposed multi-camera system. He showed the multi-camera system being used in Clay County, Florida. He stated what staff is proposing for the multi-camera system would be to have the person at Swagit switch the cameras as the meeting progresses. He stated to go to a multi-camera system would cost $23,000 plus $130/meeting for remote editing. He answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to not move this item forward to the next meeting. 9. City Manager A. City Manager's Report. • 90-Day Calendar(December 2014- February 2015) Mr. Van Liere stated the design is complete for Francis Street and as soon as they get approval from Jacksonville it will be put out to bid. He stated in order to meet Jacksonville's CDBG deadline, the bids will be opened on January 9 and staff would like to have it approved by the Commission on January 12. He stated Mr. Layton will have it in the agenda packet with all the details but they won't know who the low bidder is until the bids are evaluated on January 9. Mayor Woods asked the City Attorney if this would work for public notice. Mr. Komando stated the agenda can be updated before the time of the meeting; it is the Commission's own policy where they have everything on the agendas twice. He stated it isn't a legal prohibition; it is a practice they follow. Mr. Van Liere stated this is a follow-up item; it is just the matter of which vendor they will award the job to. It was consensus of the Commission to put this on the agenda as described. Commissioner Beckenbach clarified, for the record, that they are planning on putting this out on the agenda and asked that Mr. Van Liere explain exactly what they are going to be doing. Mr. Van Liere stated the project is for Donner to Dutton to reconstruct the road, put in a water line, sidewalks and fix the drainage problem. Commissioner Hill asked if there is a way to put infrastructure in to follow up with lighting when available. Mr. Van Liere stated that was not part of the scope of this project with the design. Discussion ensued. Commissioner Hill stated they could just put the conduit in the ground and run the cable later, at least they wouldn't dig up what they have done. Mayor Woods stated she totally agreed with that and asked Mr. Van Liere to check into that and get back to the Commission. Mr. Van Liere stated there may already be electrical running down that street; it may just be a matter of where they want to poles, or that electricity needs to be run, he isn't sure. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Komando • Needs to talk with each of the Commissioners separately after the meeting for 2 minutes. Commissioner Daugherty • Wished everyone Merry Christmas and Happy New Year. City Clerk Bartle • Wished everyone a Merry Christmas. Commissioner Beckenbach • Wants to get permission from the Commission to be able to speak to the City Attorney regarding the Comp Plan, Codes and the variance process. Mr. Komando stated both in and outside of the public December 8,2014 REGULAR COMMISSION MEETING Page 8 meetings there have been a number of comments as to whether our variance process is restrictive enough and whether the Code accomplishes the intentions, which is what Commissioner Beckenbach approached him about wanting to discuss. Mayor Woods stated before they get too far into it, she would like to have a workshop so they are all moving in the same direction on this. • Wished all a Merry Christmas and Happy Holidays. Commissioner Mark • Regarding Commissioner Beckenbach's comment about the Comp Plan review, that is something that needs to be done but it is a monumental task. Mr. Komando stated some of the comments were whether or not our land development regulations support the goals, policies and objectives of the Comp Plan, so they are really going to be looking more at the ordinances, not the actual Comp Plan. He stated the question put to him was, could they make our ordinances more conformed to our Comp Plan. • Addressed Mayor Woods' comment about living in a cul-de-sac, stating Hanna Park is not like Central Park. She stated it is not as though they are opening it up to an open space of public greenspace. She stated she understands her concerns and it is true that it is part of the East Coast Greenway Trail but she doesn't believe they anticipate the kind of traffic she was concerned about as far as coming in and out of that particular part of the East Coast Greenway. She stated she strongly believes the opening of Hanna Park will really be utilized mainly by our beaches residents. She stated the way certain things are phrased can instill more fear unnecessarily. She wants them to consider all of the concerns that have been voiced and all they have discussed but she hopes they look more at the positive impacts than the potential negative impacts. She stated she will request at some point that they bring up considering closing the end of Sandpiper at Donner Rd. and turning that into a true cul- de-sac. She stated if they are talking about keeping Atlantic Beach a cul-de-sac community that it a starting point for her. • Happy Holidays to everyone and if they are traveling, safe travels to you all. Commissioner Hill • Asked for consensus to put on the next available opportunity for a vote to extend the Community Development Board appointments for 90 days. He stated they will not reach enough depth in their replacement to fill them before they actually expire so they need to do a very short extension. Commissioner Daugherty asked if they could do that at this meeting. Mr. Komando stated they had a conversation about that earlier and they don't want there to be a perception that something is happening behind closed doors and to make sure the public has an opportunity to comment. City Clerk stated they expire December 31 and there are four vacancies. Commissioner Hill stated there are four who sit and a handful who have shown interest, but they won't get the process done before the lapse occurs. • Addressed another pedestrian accident on Mayport Road and stated he would like to expedite the conversation about pedestrian safety on Mayport Road. • Stated he was hoping to see some broken ground on the police station and would like to see where they are on that. He asked that the City Manager put this on the next meeting to discuss and take action. • Stated he wants to have a conversation regarding the light industrial area. Mayor Woods stated it should be a workshop and suggested before the January 12 meeting. It was consensus of the Commission to do so. • Supports Commissioner Beckenbach's review of the process for the land use in general. He stated they are faced with a new form of pressure in the desire to maximize lots and it is only going to get December 8,2014 REGULAR COMMISSION MEETING Page 9 worse and it is not healthy for the community. He stated he wants to make sure all the possible legal and effective stopgaps are enforced consistently. Mr. Van Liere asked what they want staff to prepare for the workshop on January 12. Commissioner Hill stated they would just need a street map; he doesn't need anything special. Mayor Woods asked that Mr. Hubsch have an outline of the actual process and what the Comp Plan says about that area. Commissioner Hill stated some of the complaints are traffic related and large vehicle related and there are some pieces of property we own that are dirt and can resolve some of that; that kind of mindset, he doesn't want to go into details. Mr. Van Liere stated the status of the police station is that Mr. Layton and Mr. Komando have been working on a contract and he believes they are just waiting on the contractor to sign it. Mr. Komando stated that was correct. Mr. Van Liere stated they can start as soon as we sign it. Mr. Komando stated there were a number of issues with the contract, it wasn't simple. Mayor Woods • Stated every time the Commission gets together they discuss preserving our quality of life. She stated she knows everyone wants to get into Hanna Park, and she wants access there as much as everyone else, but it is going to change Atlantic Beach when/if they open that up. • Wished everyone happy holidays. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:40 p.m. C, Carolyn Wood ATTEST: Mayor/Presiding Officer dm„.74%. 0,46,,,,t(t Donna L. Bartle, CMC City Clerk