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05-8-17 Minutes City Commission Meeting v MINUTES REGULAR CITY COMMISSION MEETING MAY 8,2017 -6:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tern John Stinson City Manager Kevin Hogencamp Commissioner Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Joanie Bowman Commissioner M. Blythe Waters Invocation and pledge to the flag Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:34 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the regular Commission Meeting on March 27, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. Courtesy of Floor to Visitors Mayor Reeves explained that there will be two presentations tonight and introduced the Exchange Club. Steve Bauer, President of the Exchange Club of the Jacksonville Beaches, presented a Proudly We Hail award to Mayor Reeves for the wonderful display of the American flag at the Beaches Veterans Memorial Park in the City of Atlantic Beach. A. Presentation on the Transportation Improvement Program (TIP) for Fiscal Years 2017/2018 through 2021/2022 by Denise Bunnewith. Denise Bunnewith, Planning Director for the North Florida Transportation Planning Organization explained that Jim Greene from the Florida Department of Transportation was present. She presented the Transportation Improvement Program (TIP) and answered questions from the Commission. Mayor Reeves requested that they be involved in helping with Mayport Road and Atlantic Boulevard traffic issues and working with JTA to plan for bus pull offs. Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Donna Bartle called each speaker to the podium. Tim Anderson, 824 Sherry Dr., expressed concern about the tree trimming done by Jacksonville Electric Authority(JEA) and spoke in support of underground power lines. Mike Grunik, 2051 Vela Norte Cir., voiced a complaint about excessive noise related to a skateboard ramp and sound system at his neighbor's house and requested some type of legislation regulating this activity. Mayor Reeves asked Interim Chief Gualillo to get with Mr. Grunik about his concern. May 8, 2017 REGULAR COMMISSION MEETING Page 2 of 6 Casey Jones, 358 11th St., thanked the Commissioners who supported the Sea Turtle Ordinance and spoke about palm tree lighting endangering baby sea turtles. Glenn Shuck, 104 Silvan Dr., spoke in opposition to the permit issued to Gate Gas Station for the 24/7 hours of operation. The Commission addressed Mr. Anderson's comments about tree trimming and underground power lines. Mayor Reeves explained that Interim City Manager Hogencamp will meet with JEA to work toward a solution. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 90-17-227, Public Hearing and First 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 2.41 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.41 ACRES FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR A NEW INTERNAL ACCESS ROADWAY, EXPANSION OF STORMWATER RETENTION FACILITIES, SANITARY SEWER LIFT STATION, NATURE TRAIL, AND CONSERVATION AREA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Steve Lindorff,2092 Vela Norte Circle, explained that the applicant provided a Response to Concerns and is here to respond to questions. Brad Wester with Drive McAfee Peak & Hawthorne, 1 Independent Drive, Suite 1200, Jacksonville, FL, applicant representing the owner for Fleet Landing,offered to answer questions and asked for the Commissions consideration and approval. Mayor Reeves opened the public hearing. No one from the audience spoke, so Mayor Reeves closed the public hearing. Motion: Approve Ordinance No. 90-17-227 on first reading and to move forward the Ordinance to a second reading on May 22,2017. Moved by Stinson, Seconded by Harding 2 May 8, 2017 REGULAR COMMISSION MEETING Page 3 of 6 Commissioners Stinson and Waters thanked the applicant for addressing their concerns. Mayor Reeves commended Fleet Landing for working with our city staff and neighbors. Roll Call Votes: Aye: 5 Harding, Hill, Stinson,Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Request for a use-by-exception as permitted by Section 24-63, to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard in the Commercial General zoning district at 630 Sturdivant Avenue. Planner Derek Reeves presented a slide show as he explained the request for use-by-exception and the Community Development Board's recommendation to approve it. He and Sean Monahan, applicant and property owner, answered questions from the Commission about shielding light from residents, hours of operation, pervious and impervious requirements, and parking. There was consensus to move this item forward. B. Proposed budget amendment ordinance to cover anticipated legal costs. Finance Director Russell Caffey explained the Ordinance. Mr. Caffey and City Attorney Durden answered questions about the additional attorney fees and legal costs. A brief discussion ensued. There was consensus to move this item forward. C. Chapter 21 edits. Planner Derek Reeves explained that this is a continuation of our discussion that stemmed from the towing ordinance to also making edits to Chapter 21 that staff felt were necessary if we were already doing an ordinance within that chapter. He presented a slide show as he explained his staff report. He requested consensus on the following three questions so those decisions can be included in an ordinance to be brought back to the Commission. 1) Should vehicles be prohibited from parking on the pavement and unpaved portion of the right-of-way?; 2) Should parked vehicles be required to provide a 2 foot wide safety zone around the entirety of the vehicle from streets and sidewalks?; and 3) Should the tow rates be updated to mirror those of the City of Jacksonville? Planner Reeves, Interim Police Chief Gualillo and City Hogencamp answered questions from the Commission about parking, safety issues, and citizen participation. Mr. Reeves mentioned that Seminole Road should have been on his list of roads where parking is prohibited, but was inadvertently left off. There was a lengthy discussion among the Commission about being consistent/uniform throughout the City, having better signage and marking parking areas, defining the laws to help with enforcement, mirroring City of Jacksonville's towing ordinance, and getting the Community Development Board's opinion. Mr. Reeves summarized the discussion and made suggestions. He reported that based on the discussion, he plans to bring back an ordinance with the changes to towing rates and other updates and continue the conversation on parking in the right-of-way. He requested clarity on Question#2 relating to safety zones. (Mayor Reeves called for a recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m.) 3 May 8, 2017 REGULAR COMMISSION MEETING Page 4 of 6 Further discussion ensued and Mr. Reeves and Chief Gualillo provided input on Questions 1 & 2 and answered questions from the Commission. Mr. Reeves reported what he believed the consensus was and explained he would bring back an ordinance that has the following: 1) towing rates that mirrors the City of Jacksonville; 2) safety zones, upon complaint excluding violations originating on private property, and 3) not allow parking on the pavement or in the right-of-way on the ten listed streets. He anticipates bringing the ordinance to the Commission in July. There was consensus from the Commission to accept Planner Reeves' plan and timeline mentioned above. Interim City Manager Hogencamp spoke about getting the ad hoc committee together to come up with a report/recommendation. 9. City Manager Reports A. City Manager's Report Interim City Manager Kevin Hogencamp reported on the following: • Received an invitation from Atlantic Beach Elementary School to be special guests on May 17t & 18th at their leadership day activities. He indicated that he would give them the information and asked that they respond to him regarding their attendance. • Explained that he will have his monthly Manager's report this week and a very detailed report from Kevin Bodge, our Coastal Engineer, regarding beach renourishment along with other project updates. • Clarified that the legal fees for services rendered by the City Attorney is $50,000 less than what was reported due to the City having received a $50.000 payment directly as a result of the vigilance of our City Attorney. • Reported that the Mayport Road Business Corridor has a new version of proposed revisions and are looking for staff review and recommendations to occur in a more, timely fashion. Mr. Hogencamp introduced Kelly Erhayel who spoke about the revised Section H Proposal that was handed out to everyone. She requested that the Commission have the City Manager analyze their proposal and provide a formal recommendation and believed Section 24-61 clearly gives the Commission the ability to make these changes. Mr. Hogencamp spoke about the need for land use regulation changes to go to the Community Development Board. City Attorney Durden stated that under our provisions, the normal course is to obtain a recommendation from the Community Development Board (CDB) and there is a provision in Chapter 14 that provides that the CDB does recommend changes to the land development regulations (LDR). She believes that as a local planning agency (LPA), at a minimum, they would have to make a finding that any changes to the LDRs are consistent with the Comprehensive Plan. She explained the reasons why the Commission may want to consider having a workshop which includes getting public input and giving feedback to staff so they can bring back a draft ordinance. She believes that draft ordinance should go to the CDB first in order to obtain the recommendation and the finding that it is consistent with the Comprehensive Plan. Mayor Reeves suggested having a joint workshop. Discussion ensued. The consensus was to have a joint workshop with the Community Development Board and the Mayport Corridor Business Group. Mayor Reeves requested that the City Clerk check everyone's availability and set a date 4 May zs, 201 / KEUULAK COMMISSION MEET IN Page 5 016 B. 90-Day Calendar(May 2017 through July 2017) There was consensus to approve the 90-Day Calendar. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Mentioned two proposed dates in July for the Budget Workshops- Wednesday, July 12th and Wednesday July 19th at 5:00 p.m. Mayor Reeves asked that they contact the City Clerk this week with their availability for those two days. City Clerk Bartle requested that they respond by Thursday. City Attorney Durden • Spoke about Section H and the moratoriums. She stated that it is time to work on the automobile service station and it would require help from Derek Reeves. She informed everyone that the legislature did not adopt any laws to address the medical marijuana and that the Department of Health has until sometime in July to issue new regulations. She suggested that they wait until the regulations have been approved and become final by the Department of Health before moving forward. • Reminded the Commission that they temporarily suspended enforcement of our sign code in regard to temporary signs. • Recommended that the Commission give direction to staff on how to proceed. Commissioner Waters • Congratulated Mayor Brown on the dedication of the Scenic Al A. She reported that it was a lovely event, a great opportunity to drive a beautiful drive, take the ferry, and slow down and enjoy some of the things the City has to offer. Commissioner Harding • Echoed Commissioner Waters' comments. He also attended the dedication and expressed high regards for Mayor Brown. • Thanked City Clerk Bartle and her husband for the great job they did on the decorations for our Atlantic Beach entry in the parade and thanked Chief Vic Gualillo and his officers for their participation. • Reminded everyone of the League of Cities' Dinner at Atlantic Beach Country Club on May 18` • He hopes for a good turnout of city staff and elected officials. Commissioner Hill • Appreciated all the effort that went into the parade and apologized for not being able to make it to that and the Scenic Route; they were important to him, but was busy with some business- related issues. • Spoke about the skate ramp issue and explained he just asked Interim City Manager Hogencamp to contact the owner of the home and see if they might offer a solution that would not require action on our part. He suggested that Chief Vic Gualillo make contact with the resident. Commissioner Stinson • Informed everyone that he will not be available on July 19th for the Budget Workshop and is not available for the July 22"d Town Hall Meeting. • Anxious to see the Seminole Road project 100%plan and thinks that will be interesting. • Commended the Community Development Board for their work on the parking lot and stated they are a highly, talented group of people that are committed to the things that make the City 5 May 8, 2017 REGULAR COMMISSION MEETING Page 6 of 6 of Atlantic Beach special. • Informed everyone that he had a good conversation with Commissioner Waters regarding Selva Preserve and funding sources and the minutes will be forthcoming. • Mentioned that he and City Clerk Bartle had put together a document and he emailed to all 19 Jacksonville City Council Members asking to meet with them to provide them that document for their reference. He explained he met with four already, has a meeting next Monday, and a few other Council Members are still trying to set dates. • Attended the Florida League of Cities Advanced Institute for Municipal Officials in Daytona Beach and highly recommended the program. He reported they are outstanding and the information they present and teach you to better serve your citizens, is amazing. He intends to submit those notebooks to the City Clerk to scan into the records, so the different PowerPoint presentations can be accessed. • Commended City Attorney Durden for the work she has done and the support we receive from her. He reported that, in a little more than a year, she has taken on some really tough challenges and have navigated those very well and thanked her for that. He explained it is important that we heed the advice of our City Attorney. • Commended Interim Community Development Director Derek Reeves, Scott Williams, Kayle Moore and our entire Police Department for the work they are doing. He thanked them all for the amazing work that gets done day in and day out within the City. Mayor Reeves • Reported on the beach renourishment project, noting it is moving forward and should be completed in Atlantic Beach by May 17th. He explained it does not go past 18th Street and he has had meetings with Mayor Guilford, Mayor Curry and his staff about continuing it past 18th Street. He reported that Interim City Manager Hogencamp will provide the Commission with an updated report regarding the dunes past 18th Street as well as the project. • Thanked Kevin Brown and his students at Fletcher for planting over 500 sea oats at the beach. • Mentioned that May 18th is the Florida League of Cities Dinner at the Atlantic Beach Country Club. • Reported that three candidates for Police Chief were interviewed and he is looking forward to a recommendation to confirm. • Reminded everyone about two events, Dancin in the Street and Gospel in the Park, being held on May 20th. • Thanked everyone for their discussions. Adjournment There being no further discussion,Mayor Reeves declared the meeting adjourned at 9:48 p.m. ATTEST: Mi rr tchell E. Reeves Mayor/Presiding Officer Donna L. Bartle,CMC City Clerk 6