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Draft Min 5-22-06.. • MINUTES REGULAR CITY COMMISSION MEETING May 22, ?006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Wolfson, was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission Meeting on Approval of Minutes May 8, 2006. Motion: Approve the minutes of the Regular Commission Meeting on May 8, 2006. Moved by Waters, seconded by Simmons ~. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 ~. MOTION CARRIED Courtesy of the Flog 2. Courtesy of the Floor to Visitors A. Proclamation for National Public Works Week Mayor Wolfson read the proclamation in its entirety. David Rouleau, 982 Ocean Boulevard, expressed concern that the building plans for his house are not on file with the City. David Bew, 381 Third Street, suggested handicap ramps should be placed at all beach accesses. Bernard Kane, 333 Ocean Boulevard, introduced himself as a volunteer for the maintenance and beautification of the Third Street beach access. He discussed item 8E and urged the Commission to approve it. He thanked City Manager Jim Hanson, Councilman Art Graham and Parks and Recreation Director Timmy Johnson for their work on the project. 1~[uy 33 300( REGULAR CONINIISSION MEETIN('. Pale 2 Susan Snead, 261 Beach Avenue, requested early morning patrols to control the problem with homeless people sleeping at the bottom of beach ""' access walkways. She believed that the Sea Turtle Inn should not be allowed to build or remodel above the 35 foot height limit. She reiterated her concern with the Winter and Company report and its recommendations. Pat Pillmore, 995 Camelia Street, commented about the Community Character workshop and expressed concern with the decision making process. She believed the interests of neighbors and residents should carry more weight than people making profit on City Codes. She was in favor of the outcome of the side wall standard issue. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment A. His report addressed the height referendum staff report and the pedestrian crossing for the Plaza and Mayport Intersection. ,,. The Mayor inquired about the timeline for finalizing the light synchronization project and stressed the importance of installing the pedestrian crossing signal at the Plaza and Mayport intersection as quickly ~. as possible due to safety concerns. He asked Rick Carper, Director of Public Works, to bring back information on the project's schedule at the next Commission meeting. Commissioner Simmons expressed concerns with traffic turning right while pedestrians have the right of way for crossing. She asked for stricter enforcement of that situation. B. Report on Hurricane Protection (City Manager City Manager Hanson asked Chief Thompson, Director of Public Safety, to give his report on the City's hurricane protection plan. Chief Thompson reviewed the highlights of the report. He noted that evacuation decisions are made by the consensus of an executive committee in Jacksonville which includes all the local mayors. He discussed the transportation assistance provided by the City and encouraged individuals with special needs to contact the fire and rescue department in advance. Chief Thompson reviewed the prioritization of people evacuating and returning and noted that police and utility operators are the last to leave and the first to return to the beaches. He mentioned the use of Kernan Trail Elementary School as a shelter and discussed the issue of reentry passes. The Commission asked questions and expressed concerns regarding some of the details of the hurricane protection plan. Chief Thompson responded and provided further information. Commissioner Simmons suggested that some of the hurricane tips and advice be published in the city newsletter. N[av 33, 300( REGULAR CON[NIISSION 1~[I?EYING P~~ae 3 a.• Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report, Utility Sales Report and Public Safety Report for April 2006 (City Manager) B. Acknowledge receipt of Annual Water Quality Report (City Manager) Motion: Approve Consent Agenda as presented. Moved by Simmons, seconded by Borno Votes: ~„ Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts and Recreation Advisory Committee Report (R. Pritchett) ~* Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory Committee, reviewed his semiannual report. He commended and thanked Timmy Johnson, Director of Parks and Recreation, for his work with the committee. He indicated that currently there are no openings on the committee and that all members have had a good attendance record. He reported that the committee's 06-07 budget has been submitted and he ~' reviewed the many current and new programs of the committee. Mayor Wolfson thanked Mr. Pritchett for his leadership and recognized him for his efforts with the Committee. He encouraged Mr. Pritchett to continue to serve the City. Action on Resolutions 6. Action on Resolutions None. ~. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-193, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, ARTICLE II, LANGUAGE AND DEFINITIONS, ~„ SEC. 24-17, DEFINITIONS, BY ADDING A NEW DEFINITION OF SHORT TERM RENTALS; AND FURTHER AMENDING ARTICLE III, ZONING REGULATIONS, DIV. 4, GENERAL PROVISIONS AND ~, EXCEPTIONS, BY ADDING A NEW SUBSECTION (1) UNDER SEC. ~iav 22 2006 REGULAR CONINIISSION MEETING Page -3 ~. 24-82, GENERAL RESTRICTIONS UPON LAND, BUILDINGS AND STRUCTURES, TO PROHIBIT SHORT TERN'I RENTALS, AND "" PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only and opened the floor to a public hearing. Jeanell Wilson, 3090 South Third Street, Jacksonville Beach, spoke against the proposed ordinance. She did not believe that short term rentals are a problem in Atlantic Beach and asked the Commission to allow ~, property owners the right to offer short term rentals. Bill Gulliford, 75 Beach Avenue, asked the Commission to give consideration to the potential negative impacts of the current code and of adopting the proposed ordinance. He indicated the difficulties involved with maintaining a home and keeping it within the family if not allowed to rent it for a short term. Bernard Kane, 333 Ocean Boulevard, discussed problems created by the weekly and monthly renters who are noisy and leave trash in the area. R.D. DeCarle, 51 Beach Avenue, cautioned that people could circumvent •^ the proposed amendment to the code by creating long term rentals without penalties for cancellation. He believed the issue would then become an unenforceable situation. There were no further comments and the Mayor closed the public hearing. The item was brought before the Commission for discussion. City Manager Hanson pointed out that the City has prohibited short term rentals for a number of years, and, thus, the proposed ordinance is not a change to make something illegal that has~been legal before. He explained that the code has been difficult to understand and that this change would make it more clear. The Commission discussed the issue and City Manager Hanson mentioned some of the problems encountered with short term rentals. Motion: To approve Ordinance No. 90-06-193 on final reading. `~ Moved by Simmons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson ~" Nay: 0 MOTION CARRIED ~. B. Ordinance No. 40-06-21, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING RULES FOR CABLE TELEVISION ~• Nlav 23 ?006 REGULAR COM~IISS[ON MCETING Pine ~ FRANCHISES, ADOPTING CUSTOMER SERVICE STANDARDS, ESTABLISHING OBJECTIVE REMEDIES AND STANDARD ~"" ENFORCEMENT PROCEDURES, REQUIRING PERFORMANCE AND INSURANCE GUARANTIES, REQUIRING OTHER PROVISIONS CONSISTANT WITH MODERN TECHNOLOGY "~ AND INDUSTRY DEVELOPMENTS, AND FOR OTHER PURPOSES The Mayor read the ordinance by title only and opened the floor to a public hearing. There being no comments, the Mayor closed the public hearing and brought the item before the Commission for discussion. Motion: To approve Ordinance No. 40-06-21 on final reading. Moved by Borno, seconded by Waters Votes: ~„ Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Approval of Franchise Renewal Agreement for Cable System with Comcast of Greater Florida/Georgia Inc. (City Manager) City Manager Hanson explained that, since the ordinance outlining the rules to grant a franchise is now adopted, the City can act on approving a ~" franchise renewal agreement. He pointed out that state law requires local governments to consider several factors before granting franchise agreements with cable television providers. Those factors to consider ®"' ,.include the following: ~ - (a) the economic impact upon private property, (b) the public need for the franchise, (c) the capacity of public rights-of-way to accommodate the system, (d) the present future use of the affected public rights-of-way, (e) the potential disruption to existing users of the public rights-of-way, (f) the financial ability of the franchise to perform, (g) other societal interests, (h) other procedural and substantive matters deemed relevant by the municipality or county. ~"" He reviewed those factors and noted that many of them do not apply because Comcast Cable TV has been in existence for many years. City Manager Hanson also pointed out that state law prohibits any municipality or county from granting overlapping franchises for cable service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing franchise within such municipality or county. Nlay 23. 3006 REGULAR CONINIISSION MEETING Page 6 Motion: To authorize the City 1~Ianager to sign the franchise renewal agreement with Comcast of Greater Florida/Georgia Inc. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED ~, B. Proposed revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations, Section 24-189 in accordance with recommendation of the Community Development Board (City Manager) City Manager Hanson reported that City Attorney Jensen had been asked to ,~, acquire a written opinion on this item. He indicated that the City Attorney is still conferring with other attorneys and suggested that the Commission wait until the information is received before taking action on the issue. ~• City Attorney Jensen stated that he expects to have the information before the next meeting. It was explained that the City Attorney is researching whether the change in the subdivision procedures would require a change to ~* the ordinance and, if so, how to do that. Commissioner Waters asked that the City Attorney look at section AS in order to make the language less general and vague. C. Bicycle Path Construction -Location and Construction Recommendations Discussion (City Manager) Rick Carper, Director of Public Works, presented the staff's recommendation for a bicycle path west of Mayport Road .and ?ndcated that they received a response from only one resident in the area. Mr. Carper stated that the resident was concerned that the path would negatively change his property's aesthetics and value and make it difficult for him to access his back yard with his motor home. Mr. Carper discussed the ways that staff can work with the resident and mitigate his concerns. Commissioner Simmons supported the proposed bike paths and complimented Mr. Carper on the new bicycle bridge on Plaza by City Hall. ~, Commissioner Fletcher was also in support of the proposed route as an alternative to the original route suggested for Levy Road. Rick Carper discussed the beautification of the area through this project. Mayor Wolfson asked about the budgeting of the project and Rick Carper responded it would cost about $100,000. Motion: To direct staff to design and construct a bike path along the north bank of the West Plaza Ditch, including the segment connecting ;~, Orchid to Hibiscus, and waive the City's purchasing requirement for ~e. biay 22, 20(16 REGULAR COMMISSION MEETING Pale 7 seeking bids for pro-jects in excess of $10.000 and use the Annual Concrete Contractor (Gruhn May) for construction of the bike path. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Hurricane Protection for Commission Chambers (City Manager) Rick Carper, Director of Public Works, reviewed the information in his staff report and discussed the differences between the Windshield HPS and the Armor Screen products. He had samples of each on hand at the meeting. The Commission discussed concerns with the dual lock fasteners and the fact that Windshield HPS was not yet approved by the Florida Building Code. The Mayor suggested the City might prefer the aluminum panels for protection from debris. It was the consensus of the Commission to ask staff to bring back a quote for purchasing aluminum panels before acting on this item. E. Interlocal Agreement with the City of Jacksonville for Construction of a Handicap Accessible Beach Walkover at Third Street (City Manager) City Manager Hanson provided the background on the request for a handicap accessible beach walkover at Third Street. He reported that Councilman Art Graham has been able to obtain grant money to pay for 100°Io of the cost of this project. He mentioned some concerns from residents regarding visibility and extra traffic on Third Street. He indicated that a survey had been sent to the residents in that area and that 22 out of 30 were in favor of the handicap accessible walkover. ~" Motion: To authorize Mayor Wolfson to sign the Interlocal Agreement with the City of Jacksonville to provide funding for the construction of a handicap accessible beach walkover at Third Street and authorize the city staff to take bids for the project. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson ,~„ Nay: 0 MOTION CARRIED May 32, 3006 REGULAR COMMISSION MEETING Pa~~e 3 City Manager 9. City IVlanaber A. City Manager's Report The City Manager referred the Commission to the information he included in their agenda packets addressing eminent domain legislation and the Atlantic Beach fire service rating improvement to a Class 3. These documents are attached and made part of this official record as Attachment B. ,~„ Also, City Manager Hanson announced that there will be a renovation of four homes in Atlantic Beach, using block grant funds and partnering with Builder's Care. He indicated that the work will begin early in June and ~„ invited the Mayor and Commissioners to attend a press conference scheduled for June 9. ~. Mayor Wolfson commended Chief David Thompson, Director of Public Safety, and Donna Kaluzniak, Director of Public Utilities, for their work on achieving the improved fire service rating. He recommended that the City ~. wait to see the final language of the eminent domain bill and how the citizens of Florida will react to the legislation before acting upon it. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Borno • Reported that he and the City Manager attended and participated in a focus group for the Florida League of Cities in Orange Park. He encouraged others to attend one of these in the future. • Announced he attended a police community neighborhood meeting . and complimented Ci~ief Thompson on it, _ • Commended ComrrussionerWaters on his job as master of ceremony for the Florida League of Cities meeting held at the beaches on May '~°" 12. ~"' Commissioner Fletcher • Asked the Commission to consider designating protection for a particular tree as an exceptional tree specimen. Discussion ensued regarding the tree ordinance. It was agreed to put the issue on the next agenda for discussion. Commissioner Waters • Asked if the City has forced evacuations. Chief Thompson replied ~. that they do not force anyone to evacuate. • Announced that he will be in Europe for six weeks, beginning May 29. Requested that the Commission consider allowing options for ~. Nlav 23 3006 REGULAR COMMISSION MEETING Page 9 the Sea Turtle to redevelop in the future when considering the hei~_>ht limit referendum. Mayor Wolfson • Commended Commissioner Waters on his work with co-hosting the regional Florida League of Cities' dinner. • Asked for a status report on the enhancement project for the City signs. Rick Carper, Director of Public Works, responded that the City's electrical contractor has been working on the lighting for the three newly-installed signs; however, there has been no progress on the new sign for the Tideviews location. Mayor Wolfson asked that the project be finalized soon and asked for a report on when its completion can be expected. • Indicated the reports on the Neighborhood Chat sessions would be distributed in the next meeting agenda. Believed the meetings to be very successful and announced that the City will schedule a second round of chats in August. He noted that the Commissioners will rotate to different parts of the City. • Revisited the request for a Waiver for 824 Sherry Drive from City Code Section 19-7 Prohibition on Parking Aprons Along Through Streets. He stated that, after the Commission voted on the item, it was brought to his attention that the property owner had recently sold a portion of his property to help facilitate the City in constructing the turning area at the Five Points Intersection. He acknowledged that staff's original recommendation to require removal of the 15-foot parking area but allow the 10-foot paver section to remain was a good compromise for the owner's actions in assisting the City. ~""" _ Motion: To reconsider the request for a waiver for 824 Sherry Drove from City Code Section 19-7 Prohibition on Parking Aprons Along Through Streets and approve staff's original recommendation as a '~ compromise to the applicant. Moved by Wolfson, seconded by Borno The Mayor supported this motion as a show of good faith to a citizen who assisted the City with completing a project in a desirable manner. City Manager Hanson noted the dangers of parking alongside the main through streets of the City and questioned trading a public safety issue in exchange for a piece of property sold to the City. Commissioner Borno concurred and expressed concern with granting a waiver that goes against the City ordinance. The Mayor noted that City staff recommended granting the waiver for just the 10-foot paver section. Commissioner Waters voiced support for allowing both parking aprons to remain. Nlav ~~ ''OOC RCGULAR COMMISSION NI~ETING Pale 10 Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson ~"' Nay: 1 -Fletcher MOTION CARRIED '"' Commissioner Fletcher explained his dissenting vote stemmed from concern with setting a precedent for granting waivers against the Code based upon the justification given. Mayor Wolfson stated he made his original vote without all the information and now agrees that staff made a fair recommendation. Motion• To approve the request for a Waiver for 824 Sherry Drive from City Code Section 19-7 Prohibition on Parking Aprons Along ~" Through and allow the applicant to keep the 10-foot paver section as originally recommended by staff. Moved by Wolfson, seconded by Borno Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 1 -Fletcher MOTION CARRIED Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:52 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk