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Draft Min 8-9-04~"" ~• MINUTES REGULAR CITY COMMISSION MEETING AUGUST 9, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Special Called and Regular Meetings of July 26, 2004 Motion: Approve Minutes of the Special Called and Regular Meetings of July 26, 2004 as presented. Moved by Beaver, seconded by Parsons ~• Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ~ MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors GAI Mayport Road A. GAI to present Mayport Road Traffic Analysis Report Traffic Analysis Report ~" Ron Hoogland, P.E. with GAI Consultants presented a brief overview of the plans to construct medians on Mayport Road between Atlantic Boulevard and Dutton Island Road. The following topics were covered in the report: ~*'' Median openings and intersection traffic counts, typical section alternatives, average annual daily traffic (AADT) volume, level of service (LOS), project status and FDOT indications from their review of the project. It was pointed ""' out that two public hearings would be required if the project is approved, and the City of Jacksonville has approximately $1M from the Town Center Grant fund available for the project. A copy of the report is attached and '"~" made part of this official record as Attachment A. «~ +~* August 9 2004 REGULAR COMMISSION MEETING Page 2 Recognition of Mary B. Recognition of Mary Walker for her service on the Community ±~ Walker Development Board Mayor Meserve thanked Mrs. Walker for her many years of dedicated service on the Community Development Board and wished her well in the future. ~ Hallie Fussell of 1588 Ocean Boulevard objected to creating extra parking in Mandalay Park. She believed the added parking would increase traffic in the area and with that would come an increase in trash. Richard Ouellette of 1060 Seminole Road believed the 10th Street parking issue and the proposed parking spaces in Mandalay Park should be treated separately. He believed Mandalay Park should be retained as a green space and objected to the creation of any parking spaces. Kelly Elmore of 1650 Beach Avenue inquired as to the status of the parking for 10th Street and Mandalay Park. He indicated that no meeting with residents had been held and requested that a workshop be scheduled to receive their input. He believed there was no need for new parking in Mandalay Park and requested that the grape vines in the park be removed to keep them from choking the live oaks. Tom Petway of 1660-1 Beach Avenue believed it would set a bad policy ~ for the city to lease any parking spaces to the residents of the Island Club Condominium. He believed the Mandalay Park parking spaces should not be used to mitigate the 10th Street parking spaces and requested that the two ~ parking issues be considered separately. Mayor Meserve stated that no action would be taken relative to Item 8E, ~,,, and indicated that a presentation of a conceptual design to create parking spaces would be given. The Mayor indicated that both items would be considered at future meetings and public notice would be given. Valerie Britt of the Pablo Point Civic Association spoke in opposition to the city's proposed Comprehensive Plan amendments and distributed information concerning her objections. She expressed concern for the well being of her area relative to increased population and traffic in the Coastal High Hazard Area of Atlantic Beach. A copy of the information is attached and made part of this official record as Attachment B. J.P. Marchioli of 414 Sherry Drive commented on the following: (1) Stated he was happy that funding for construction of a rear entrance to the Post Office was available, (2) Reported speeding on Sherry Drive is still a problem, and (3) Suggested that the Mayport Road medians project be place on hold until the impact of Wonderwood Road improvements is known. M• ~'" August 9 2004 REGULAR COMMISSION MEETING Page 3 Retha Rowe of 901 Ocean Boulevard requested that the Commissioners not waive the regulations pertaining to short-term rentals for the Super Bowl (Item 8B). Stephen Kuti of 1132 Linkside Drive commented on the following: (1) Commented on the growth occurring on the north side of Jacksonville and believed the Wonderwood Expressway would become a major thoroughfare for residents coming to the beach from that area, (2) Believed Mayport Road should be left the way it is with six lanes due to the potential for increased traffic, and (3) Suggested that the residents of the Island Club Condominiums work out a parking arrangement with Sea Place Condominiums. Sally Clemens of 1638 Park Terrace West spoke regarding development on Johnston Island and stated that during the Julyl2, 2004 Commission Meeting most people spoke against changing the future land use map designation for that property from Conservation to Residential, Medium Density. She believed the Commissioners should listen to the citizens of Atlantic Beach and only allow the property to be developed under the Conservation zoning regulations, which were in place when the property was purchased. Mimi Ames of 1614 Park Terrace West believed Johnston Island should retain the Conservation zoning designation, and the Commissioners should ~,, place the wishes of the residents of Atlantic Beach before those of the developers. Barbara Mears of 1604 Coquina Place commented that sand parking already existed at Mandalay Park. She believed the proposed additional parking at Mandalay Park was directly related to the Island Condominium ~, owners' request and thought there was no need for the additional parking at the park. ,~., Bob Parrish of 1731 Beach Avenue spoke against the city leasing any parking spaces on l Ot'' Street and adding any parking spaces in Mandalay Park. Mr. Parrish believed the additional parking spaces in Mandalay Park ~. would lead to the park being "trashed." Commissioner Beaver requested that Item 8E be moved forward on the agenda. E. Presentation of conceptual design to create parking spaces at Mandalay Park (City Manager) Public Works Director Rick Carper stated that in May, Commissioner Waters approached him concerning parking in Mandalay Park. He ~. August 9 X004 REGULAR COMMISSION MEETING Page 4 explained how the city acquired the property and presented sketches showing the proposed park design. Various parking options were displayed. Mr. Carper pointed out that aneight-foot wide bike path, a beach shower and eight additional oak trees were included with the parallel parking spaces option. Commissioner Waters believed the property should serve a public purpose and parking was needed for all residents to access the beach. He pointed out that the federal government regularly spends millions of dollars for beach renourishment and indicated that there was a $250,000 beach access at 16`h Street and no one could park and use it. He stated that he understood the problems with living next to a beach access, but requested that the Commissioners consider what would best serve all of the citizens of Atlantic Beach. Discussion ensued concerning the Mandalay parking. Commissioner ~"" Parsons stated that he did not like parking on the east side of the park and pointed out that people already park at the park. He also believed that no parking should be given up at 10`h Street. Commissioner Beaver reiterated his opposition to leasing parking spaces at 10`h Street and stated he saw no need to make changes to Mandalay Park """ since it was already being used for parking. Mayor Meserve said he was not opposed to putting some parking at "~ Mandalay Park to provide access to the beach for residents and to enhance the area. He indicated that he did not want the Mandalay Park and 10`h ~ Street parking issues linked to each other. Commissioner Simmons commented that there appeared to be no ~ neighborhood consensus concerning the proposed park improvements and she urged those residents to see if they could come to an agreement as to how they would like the area improved. She suggested that the park would ~„ be cleaner and neater if the sand parking was replaced with paved parking. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting None. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of the monthly report of new Occupational ~, Licenses and Utility Department Project Status Report (City Manager) B. Award a contract for Plaza Road Bike Path construction to „~ Walding Co. in the amount of $156,376.00 and defer the ~'" Aueust 9 2004 REGULAR COMMISSION MEETING Page 5 construction of the Seminole Road Bike Path to next fiscal year ~• (City Manager) Motion• Approve Consent Agenda Items A and B as presented. Moved by Waters, seconded by Simmons Votes: "~' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports Curtis Sanders, Chair of the Code Enforcement Board, provided information on the jurisdiction of the Code Enforcement Board and terms of the Board Members. He commended Code Enforcement Officer Sherrer for his work to encourage violators to come into compliance with city codes and provided statistical data concerning Code Enforcement activities. Mr. Sanders requested Commission consideration be given to appointing alternates to serve on the Code Enforcement Board. Resolutions 6. Action on Resolutions: None. 7. Action on Ordinances None. 8. Miscellaneous Business A. Action on a request for a waiver from the sign regulations to allow a hanging bracket sign to encroach into city right-of--way and extend closer to the property line than five feet for Ocean 60 restaurant located at 60 Ocean Boulevard within the Town Center area of the Central Business District (City Manager) Motion• Deny request for a waiver from the sign regulations to allow a hanging bracket sign to encroach into the city right-of--way and extend closer to the property line than five feet for Ocean 60 restaurant located at 60 Ocean Boulevard. Moved by Waters, seconded by Beaver ~,. ~* August 9 2004 REGULAR COMMISSION MEETING Page 6 Duane Holden, General Manager of Ocean 60 restaurant, stated that the ~. request for the hanging bracket sign was being made because restaurant patrons often called stating they could not find the restaurant. Discussion of the request ensued. Commissioner Beaver believed the Town Center Agency should review the use of bracket signs and set standards for this type of sign if they were to be allowed. Upon further discussion, Commissioner Beaver withdrew his second and Commissioner Waters withdrew his motion to deny the request. Motion: Defer action on the request for a waiver from the sign regulations to allow a hanging bracket sign to encroach into the city riuht-of--way and extend closer to the property line than five feet for Ocean 60 restaurant located at 60 Ocean Boulevard until the Town Center Agency reviews and makes__a recommendation for a master plan to set standards for bracket signs. Moved by Waters, seconded by Beaver ,~• Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Discussion and related action on waiver to allow short-term rentals within residential zoning districts limited to the Super Bowl time period only (City Commission) Motion: Approve a waiver (pursuant to Section 24-46(d)), to allow short-term rentals within residential zoning districts limited to the Super Bowl time of January 23`~ to February 12th 2005. Mayor Meserve requested an opinion from the City Attorney regarding the ~, legality of choosing not to enforce the current ordinance relative to short- . term rentals for a period of time. City Attorney Jensen responded that Section 24-46(d) of the City Code allowed the Commission to authorize limited waivers. Commissioner Beaver believed the waiver was necessary because of the shortage of hotel rooms, and indicated that other area cities were allowing such rentals. He believed the city should support the Super Bowl, which would probably be aonce-in-a-lifetime event for the area. Commissioner Waters agreed and stated that he had received several calls, most of which supported the waiver. August 9 2004 REGULAR COMMISSION MEETING Page 7 Community Development Director Doerr clarified that the motion included the findings provided in her memo dated July 28, 2004. Commissioner Simmons believed athree-week waiver was too long and suggested that the time period be shortened. Commissioner Beaver favored allowing atwo-week waiver. Amendment to the Motion: Change time period for Super Bowl rentals to January 29th to February 7th 2005. Commissioner Parsons believed at least atwo-week time period was needed. Moved by Simmons, seconded by Meserve """' Votes: Aye: 1 -Simmons Nay: 4 -Beaver, Parsons, Waters, Meserve ""' AMENDMENT TO THE MOTION FAILED Discussion ensued concerning the appropriate length of time for the waiver. Amendment to the Motion: Change time period for Super Bowl rentals to January 30th to February 12th_20__O5. Moved by Beaver, seconded by Parsons Votes: ~ Aye: 3 -Beaver, Parsons, Waters Nay: 2 -Simmons, Meserve ~ AMENDMENT TO THE MOTION CARRIED Original Motion: Approve a waiver (pursuant to Section 24-46(d)), to „~„ allow short-term rentals within residential zoning districts limited to the Super Bowl time period (as amended) of January 30 to February 12, 2005. ,,, Moved by Beaver, seconded by Waters Votes: Aye: 3 -Beaver, Parsons, Waters, „~. Nay: 2- Simmons, Meserve MAIN MOTION CARRIED C. Discussion and related action on options to limit building height in Atlantic Beach (Comm. Waters) ~• Commissioner Waters commented that he had brought two suggested compositions for limiting building height to the Commission and reminded them that when he asked them to address the height issue, it seem that the ~+* residents who attended the previous meeting did not want any building ,-- !""' August 9 2004 REGULAR COMMISSION MEETING Page 8 above 35-feet anywhere in the city. He further commented that the ~'" Commissioners always had the right to look at the heights in the Commercial, Industrial and PUD districts. During discussion of the draft of the proposed language, Commissioner Waters inquired if the Commissioners ~" wanted to state there would be no storage, or livable, habitable space above 35-feet, and reserve the right in Commercial and Industrial districts to consider what was done in the North Beach Center. Commissioner Waters then requested the Commissioners' thoughts on the options to limit building height. Commissioner Parsons stated that he never wanted to exceed the 35-foot limit. He indicated that he liked what was done at the old Pic `N' Save "~ building and would like to keep the option open to address facades. Commissioner Waters read from the second page of the staff recommendation and requested that "Enclosed Storage Space" be included with the exclusions in the listed in the paragraph revising Section 24-156 of ~ the zoning code. Community Development Director Doerr confirmed that she would add language to the code to exclude "Enclosed Storage Space" Motion: The Citv shall maintain the limitations, as set forth within the Land Development Regulations, for maximum height of buildings and maximum impervious surface area for all lands within the City. Requests to exceed the maximum height of building shall be considered and approved only within non-residential land use categories and for non- residential development, and any increase to the maximum height of building shall be limited to exterior architectural design elements, exterior decks or porches, but excluding sianage, Habitable Space or Enclosed Storage Space as defined by the Florida Building Code. Requests for waivers to the maximum height of building shall be made in accordance with procedures set forth within the Land Development Regulations, and shall be approved only upon demonstration that the proposed height is compatible with existing surrounding development. Mayor Meserve confirmed with the Commissioners that it was their intent to ~" adopt this language in Section 24-156 of the zoning code and to revise the proposed Comprehensive Plan amendment to reflect the change. Mayor Meserve inquired and confirmed that it was Commissioner Waters' intent to make it so no one could make a request for a waiver from the 35- foot height limit in any of the city's zoning districts, except for an architectural facade for commercial structures. ~* August 9 2004 REGULAR COMMISSION MEETING Page 9 +~ Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~* Nay: 0 MOTION CARKIED D. Review of suggested code revisions regarding clear sight distance at street intersections and for sidewalks, and provide guidance to staff to modify the code as desired (City Manager) Chief Thompson briefly explained some of the proposed revisions to Chapter 21 Traffic and Motor Vehicles and proposed revisions to Section 19-5 (b) to expand the "safety zone" and Section 24-17 to amend the Land Development Regulations to replace the current sight triangles. Chief Thompson displayed diagrams illustrating ways to determine sight triangles in different speed zones. `~ Chief Thompson suggested that the Commissioners review and evaluate the materials presented to them and bring back a recommendation for the revisions at a future meeting. A copy the proposed revisions to the City Code are attached and made part of this official record as Attachment C. Commissioner Simmons inquired if the revisions would change the parking distance from intersection and if they would. address delivery trucks parking in Town Center, blocking one lane of traffic. Chief Thompson stated those items were addressed. Commissioner Waters referenced Section 19-5 (a)(2) and inquired if parking pads were addressed. Chief Thompson indicated that parking pads were covered in Chapter 21. Discussion ensued. Chief Thompson stated that FDOT standards would be applied to Mayport Road. Commissioner Waters suggested the following: (1) Reconsideration of the parking sticker program, (2) Increased penalty for parking in a handicapped parking space, (3) Removing the exception in Section 21-2 for military, fire department, etc. relative to parades, (4) in Section 21-21(2) add changing of oil or other automotive fluids, and (5) Noted free parking on the 300 block of Plaza. Commissioner Parson stated that he was opposed to the stop signs installed at East Coast Drive and lst Street and suggested that new signs be installed only when necessary. a• ~• ~ August 9, 2004 REGULAR COMMISSION MEETING Page 10 E. Presentation of conceptual design to create parking spaces at Mandalay Park (City Manager) The presentation was taken out of sequence and given earlier in the meeting. F. Distribution of adoption draft and proposed Ordinance No. 31- 04-04 to enact EAR-based amendments to the 1990 Comprehensive Plan (City Manager) Community Development Director Doerr provided background information concerning the draft ordinance and indicated that she was working with the "'" Department of Community Affairs (DCA) to address the nine objections received in their ORC Report to the city. She indicated that all changes in the documents presented to the Commission for review were noted by strike ~ through/underline and adoption and public hearing for the ordinance was scheduled for September 13, 2004. Commissioner Water requested more time to study the Comprehensive Plan amendments. He believed prior Commissions did not pay strict attention to the changes and believed if the 10-acre requirement for a mixed use PUD had not been taken out of the Comprehensive Plan, the recent Johnston Island development request would never have been brought to the Commission. Mayor Meserve indicated there were time constraints imposed by the state ~„ for adoption of the amendments. It was pointed out that the ordinance must be adopted within 120 days of receipt of the ORC report from the DCA. Commissioner Beaver believed the Comprehensive Plan was a good document and he noted that while reading the plan, he was impressed with the city's record for complying with the plan. He thanked the Community Development Director for her work and stated he was happy to have her interpret the plan for the Commission. He believed the Commission's responsibility was not to interpret the plan, but to make sure the city continues to move forward within the requirements of the plan. Ms. Doerr commented that the 1990 Comprehensive Plan was written and ~* adopted with more than what was required by law at that time, and indicated that there was a tremendous amount of input into the current draft with input received from the city's consultant, the Regional Planning ±~ Council, the Department of State, the FDOT and the SJRWMD. Discussion ensued and it was the consensus of the Commission to hold the public hearing and adoption of Ordinance 31-04-04 on September 13, 2004. ~. August 9 2004 REGULAR COMMISSION MEETING Page 11 Commissioner Waters commented on the language change between the first and final draft of the Housing Element Policy 1.1.3. He also inquired if there were any volleyball courts in the city. Ms. Doerr stated that the level of service was changed based on input from the Parks and Recreation Department. 9. City Manager City Manager Hanson reported on the following items: ~" • Reported the U.S. Postal Service confirmed that funds were allocated for construction of an entrance to the building from Plaza, and that funds were included in the city's 2004/05 budget for this project. • Reported on the burglary rate of the City of Atlantic Beach compared to the City of Jacksonville and the United States. • Reported that the budget figure in the staff report for the City Hall expansion/remodeling project was incorrect and did not include architectural fees, which placed the project $58,146 over-budget. He indicated and the project has been put on hold until it can be discussed during a budget workshop. Reports/Requests 10. Reports and/or requests from City Commissioners and City ~ City Commissioners Attorney City Attorney Commissioner Parsons • Requested copies of Powerpoint presentations prior to their presentation at Commission Meetings. • Disagreed with earlier comments regarding the lack of notice regarding the proposed lease of parking at 10`h Street and the creation of additional parking spaces in Mandalay Park, and noted that these items were discussed during the previous five Commission meetings. Commissioner Simmons • Reported that the old Amoco sign was still in place at the BP station located at Plaza and Mayport Road. • Requested that the signs at the beach accesses be changed to prohibit ~. parking from 9:00 p.m. to 6:00 a.m. instead of the current 11:00 p.m. to 6:00 a.m. August 9 2004 REGULAR COMMISSION MEETING Page 12 • Noted that the JEA was severely trimming trees in the city and they ,~. looked homble. It was suggested that staff contact them to see if something could be done to prevent the damage. Commissioner Beaver • Agreed with Commissioner Simmons concerning the tree trimming and stated that he wished the trees were pruned horticulturally correct. Commissioner Beaver suggested that the City Manager send a letter to the company requesting the company abide by the city's rules. Mayor Meserve • Reported there would be no city-sponsored Super Bowl events at the beach since Jacksonville would not be providing funding or transportation for the events. He indicated that the deadline for sanctioning an event had passed and he had dissolved the Super Bowl Committee chaired by former Commissioner Borno. The Mayor stated he would continue to see if anything could be done and the city would still need a security plan. • Reported he had received a letter from Attorney Paul Harden concerning The Estate of Atlantic Beach, LLC, which proposed to annex and develop property located in Jacksonville, on Old Sherry Drive just west of Oceanwalk. He commented on some of the options for the development and requested that Commissioners give some thought to the request and be prepared to discuss it at a future meeting. Commissioner Waters requested that staff put together information concerning annexation, and possible uses for the property under the current zoning. • Reported that the access road to Johnston Island belonged to Florida Department of Transportation. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:50 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk