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04-08-19 Minutes Regular Commission Meetingr` MINUTES Regular City Commission Meeting Monday, April 8, 2019 - 6:30 PM - Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 Candace Kelly, Commissioner - Seat 4 Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 Brittany Norris, Commissioner - Seat 5 Also Present: Joe Gerrity, City Manager (CM) 1. 2. 3. Kevin Hogencamp, Deputy City Manager (DCM) Donna Bartle, City Clerk (CC) Brenna Durden, City Attorney (CA) Phyllis Nadeau, Associate City Clerk/Recording Secretary APPROVAL OF MINUTES Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. A. Approve Minutes of the Commisson Workshop on March 20, 2019 B. Approve Minutes of the Special Called Meeting of the City Commission on March 25, 2019 C. Approve Minutes of the Regular Commission Meeting on March 25, 2019 COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. CC Bartle stated there were no speaker cards submitted. CITY MANAGER REPORTS A. City Manager's Report Regular City Commission April 8, 2019 Page 1 of 9 CM Gerrity spoke about the paid parking program and provided an update. Mr. Gerrity stated there will be a meeting with the Town Center merchants and he will provide notification when that date is scheduled. B. Accept the 90 -Day Calendar (April Through June 2019) CM Gerrity stated there is one correction on the calendar for April 15, 2019. The Open House about Mayport Road will start at 5:30 PM, not 6:00 PM. ACTION: To Accept the 90 -Day Calendar (April through June 2019) as corrected. CONSENSUS was given to accept the 90 -Day calendar as corrected. C. Code Enforcement Special Magistrate Services CM Gerrity introduced Attorney Jeb Branham, who responded to the City's RFP for a Special Magistrate. Mr. Branham submitted his proposal and met with City staff. It is staffs recommendation to contract with Jeb Branham to fill the position of Special Magistrate. Jeb Branham addressed the Commission and gave a history of his professional background and experience. Mayor Glasser opened the floor to the Commissioners for questions. All questions were answered. CM Gerrity requested CA Durden to work with Mr. Branham on the contract for presentation at the next Commission meeting. ACTION: To proceed with a contract with Mr. Branham for Special Magistrate and to place on the next meeting agenda.. CONSENSUS was given to proceed with a contract with Mr. Branham for Special Magistrate and to place on the next meeting agenda. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS A. Update on Mayport Road - Complete Streets (Commissioner Norris) Commissioner Norris gave a presentation on 'Complete Streets' with slides of various sections of Mayport Road, noting the problems due to lack of crosswalks and bicycle lanes, increasing U-turns, the Mayport Fly -Over area, narrow sidewalks, and building support with the commercial use area. Commissioner Norris displayed an Arterial Safety Study and Solutions prepared by Kimberly Horn Associates. She talked about the benefits of 'Complete Streets' in terms of safety, encouraging bicycling, lane reduction, helping with transportation issues, and bolstering economic growth. Regular City Commission April 8, 2019 Page 2 of 9 Commissioner Norris listed suggested solutions such as lowering the speed limit and enforcement, a pedestrian walk -over, and flashing signals at crosswalks. The goal is to increase safety, calm traffic, provide space for everyone utilizing the road, and beautify the neighborhood. Mayport Road is a state road and requires action by multiple agencies - FDOT, City of Jacksonville, Duval County, North Florida TPO, and municipal. Commissioner Norris spoke about the 2018 Mayport Road Vision Implementation Plan, the Fagade Improvement Grant Program, the Mayport Road Public Art Grant Program, and the FDOT Policy promoting safety, quality of life, and economic development implemented through the 'Complete Streets' program. Discussion ensued about an inter -agency meeting with FDOT, City of Jacksonville, and the North Florida TPO scheduled for later in the month. The purpose is to get COAB on their list of priority projects (LOPP). Commissioner Waters spoke about public art grants and the changes taking place on Mayport Road. Commissioner Anderson spoke about the PTA and the Book Fair, and commended them for helping students to participate. She spoke about the legislature and pending action to pre-empt local municipalities from making decisions for their own locations. Commissioner Kelly provided an update of the Board Member Review Committee. Ms. Kelly inquired about the status of the 18th Street parking plan and if the City had anything planned for Arbor Day. CM Gerrity stated there are no changes scheduled for this summer season for 18th Street parking. Mr. Gerrity said Arbor Day was commemorated this past January 2019 with the dedication of a heritage tree. Mayor Glasser spoke about her membership with the City of Jacksonville Task Force on Crime and Public Safety, the powers of Home Rule, the Community Development Board, and upcoming internships for the COAB. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None CM Gerrity inquired if the Mayor would consider changing the order of the agenda, move up Items 9B and 9C before Item 9A. There was no one in the audience to speak on Item 9A. MOTION; To change the order of the agenda to hear Items 9B and 9C before item 9A. Motion: Brittany Norris Second: Candace Kelly Regular City Commission April S, 2019 Page 3 of 9 6. irl 8. 9. �g Ellen Glasser For Cindy Anderson For Candace Kelly (Seconded By) For Blythe Waters For Brittany Norris (Moved By) For Motion passed S to 0. CONSENT AGENDA None. COMMITTEE REPORTS A. Police Officers' Pension Board of Trustees - Tim Anderson CM Gerrity stated Mr. Anderson could not make it and he will be placed on the first meeting Agenda in May. ACTION ON RESOLUTIONS None ACTION ON ORDINANCES B. Ordinance No. 31-19-13, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW (RL) TO COMMERCIAL (CM); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the title of the Ordinance. PCD Director Corbin provided a slide presentation and explained the request is to change the current zoning of three properties in order to bring the existing nonconforming use into compliance. This is for the Voo Swar that was built in 1971 and has always operated as a restaurant and lounge. Mr. Corbin reviewed the background, as detailed in the staff report, of the zoning history for these properties from 1979 to 2019. When completed these proposed changes will make all three parcels zoned Commercial, General (CG) with the appropriate future land use map designation and in compliance with the 2030 comprehensive plan. This action will remove the nonconforming use designation. Mayor Glasser opened the Public Hearing. Regular City Commission April 8, 2019 Page 4 of 9 Louis Washington - applicant, spoke about the history of the Voo Swar restaurant and lounge and how approving this ordinance will correct the zoning for the property. Samuel Royster - spoke in favor of the ordinance. Randall Rodgers - spoke in favor of the ordinance. Jacindo Head - spoke in opposition of the ordinance. There were no more speakers and Mayor Glasser closed the Public Hearing. There were questions as to why this is a change to the Camp Plan and what is triggering the action. Mr. Corbin responded the owners are possibly seeking investments for property improvements. It is not clear how this happened over the years but this action will clear up any existing zoning/use discrepancies going forward. MOTION: To approve Ordinance No. 31-19-13 as read by title. Motion: Brittany Norris Second: Cindy Anderson Commissioner Waters spoke about the history of the Voo Swar and stated it is an integral part of the community. She stated correcting the zoning and use on these properties is the right thing to do going forward. Commissioner Anderson agreed with Ms. Waters comments. Commissioner Kelly commended staff for unraveling this mess! Commissioner Norris spoke about the history of the Voo Swar and making these corrections to the property. Mayor Glasser stated her research revealed that the Voo Swar is the oldest operating business in Atlantic Beach. The architect of record is William Morgan. Mayor Glasser commended and thanked staff for their efforts and actions taken to correct this. VOTE: Voice vote resulted in all Ayes. Cindy Anderson (Seconded By) For Brittany Norris (Moved By) For Candace Kelly For Blythe Waters For Ellen Glasser For Regular City Commission April 8, 2019 Page 5 of 9 Motion passed 5 to 0. C. Ordinance No. 90-19-239, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL (RG) TO COMMERCIAL GENERAL (CG); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. PCD Director Corbin explained this is the second step in the process for the Voo Swar property and amending the future land use map. Earnest Davis, owner/applicant, addressed the Commission and spoke about the Voo Swar restaurant and lounge. Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. ACTION: To approve Ordinance No. 90-19-239 as read by title. Motion: Brittany Norris Second: Candace Kelly VOTE: Voice vote resulted in all Ayes. Cindy Anderson For Candace Kelly (Seconded By) For Blythe Waters For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 5 to 0. Mayor Glasser called for a break at 7:57 PM. The meeting reconvened at 8:01 PM. A. ORDINANCE NO. 31-19-12, Public Hearin$ and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO TRANSMITTING A NEW MAP SERIES TO THE STATE OF FLORIDA, S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID EAR - Regular City Commission April 8, 2019 Page 6 of 9 BASED AMENDMENTS AND NEW MAP SERIES UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE STATE COORDINATED REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. Shane Corbin provided a slide presentation of the Comprehensive Plan 2030 update. He explained the review process and the amendments as detailed in the staff report in the agenda. Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. CA Durden made an inquiry about two policies, 11.5 and 11.6, and requested clarification about use of tables Al, A2, and A3. Mr. Corbin responded. CA Durden suggested adding the language'for mixed use projects' on table Al of 11.6. A lengthy discussion ensued about designations for medium and high density developments, pervious and impervious areas, and adding amenities. MOTION: To approve Ordinance No. 31-19-12 as read, with the addition to Item A-1-11-6 for mixed use developments. Motion: Blythe Waters Second: Brittany Norris Commissioner Kelly - no comment. Commissioner Norris - Extended thanks to staff, Commissioner Waters - Extended thanks to staff. Mayor Glasser - Spoke about the CDB included in the review and extended thanks to staff. VOTE: Voice vote resulted in all Ayes. Blythe Waters (Moved By) For Cindy Anderson For Candace Kelly For Brittany Norris (Seconded By) For Ellen Glasser For Regular City Commission April 8, 2019 Page 7 of 9 Motion passed 5 to 0. A. Public Hearing- WAIV 19-0001- Request for a waiver from City Code Section 19- 7 Driveway Limitations to Allow a Circular Driveway at 510 Royal Palms Drive. PW Director Williams explained this is for a circular driveway. Code requires lots to have at least 100 ft. frontage and the applicant's lot frontage is 80.65 ft. Staff recommends approval of the requested waiver, as detailed in the staff report in the agenda. Laura Ogin, the applicant, addressed the Commission and spoke about heavy traffic on Royal Palms Drive and the difficulty with backing out of the existing driveway. Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. CA Durden addressed the Commission about Section 2446(d), and spoke about the language about considering waivers. CA Durden stated the motion should reference that code provision. MOTION: To approve WAN 19-0001 with the provision of Section 24-46(d), in conflict with the public interest. Motion: Candace Kelly Second: Blythe Waters Commissioner Kelly - spoke about waivers being based on the property, not the person. This property is unsafe going in and out. Commissioner Norris - expressed agreement with Commissioner Kelly's comments. Commissioner Waters - spoke about the history and volume of these types of requests for waivers, noting this section of the code is outdated and the Ordinance should be reviewed. Commissioner Anderson - spoke about the safety concerns, and noted compliance with the pervious/impervious ratio. Mayor Glasser - expressed her agreement with Commissioner Waters' comments and that the Ordinance needs to be reviewed. VOTE: Voice vote resulted in all Ayes. Regular City Commission April 8, 2019 Page 8 of 9 Candace Kelly (Moved By) For Blythe Waters (Seconded By) For Cindy Anderson For Brittany Norris For Ellen Glasser For Motion passed S to 0. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS No comments. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Norris - no comment. Commissioner Waters - no comment. - Commissioner Anderson - no comment. Commissioner Kelly - no comment. Mayor Glasser Reminded everyone about Arts -in -the -Park this weekend. Spoke about committee liaisons and reports. CM Gerrity • Acknowledged the Community Development Department (CDD) staff and their work. • Spoke about the HMPG Grants. • Spoke about the LEEDs application, stating the CDD is in the process of completing the application. 13. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:48 PM. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Approval Date: 4-22-/9 Regular City Commission April 8, 2019 Page 9 of 9