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