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Draft Min 7-10-06 v MINUTES REGULAR CITY COMMISSION MEETING July 10, 2006 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 Sylvia N. Simmons Commissioner Jamie Fletcher Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Fletcher was followed by the Pledge of Allegiance to the Flag. Mayor Wolfson welcomed Commissioner Waters back. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on June 26, 2006. ~. Mayor Wolfson asked that the minutes be amended to correct two typographical errors: 1) on Page 4, in the 4th line of the next to last paragraph to replace the word "arena" with the word "area", and 2) on Page 8, Under C. Investment Policy Update, on the second line, replace the word "be" with the word "been". Motion Approve the minutes of the Regular Commission Meeting on June 26, ~" 2006 as amended. Moved by Commissioner Borno, seconded by Commissioner Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTIGN CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Proclamation to Mayport Naval Station (Mayor) ~. Mayor Wolfson presented a Proclamation honoring Mayport Naval Station to the Commanding Officer Captain Charles King. Mayor Wolfson read the proclamation in its entirety. Captain King expressed his gratitude for the proclamation and for the relationship with the City of Atlantic Beach. The Mayor opened the floor to Courtesy of the Floor to Visitors. ~. Bob Barnes, 1238 Beach Avenue, spoke against plans to repair a sidewalk located on Beach Avenue near his property. Mr. Barnes stated his concerns over privacy and ~„ safety for his family. He asked the Commission to consider tearing out the sidewalk and replacing it with sod. Juoe 12, 2006 REGULAR COMMISSION MEETING PaEe 2 David Bailey, owner of Bailey's Power House Gym, expressed concerns regarding parking if the Commission allowed Freebird's Cafe to move into the Atlantic Theatre location. Mayor Wolfson advised Mr. Bailey that the Commission would open the floor to a Public Hearing later during Miscellaneous Business and that further comments could be made at that time. Stephen Kuti, 1132 Linkside Drive, stated his opposition to "McMansions" and his concerns with the draft Proposed Residential Development Standards. Mr. Kuti ~'" expressed hope that the Commission adopt an Ordinance with no more than a 0.50 Floor Area Ratio (FAR). ~. Douglas Speed, 1207 Seminole Road, complimented the city on several issues: 1) five-way stop 2) skatepazk -recommended adding lights and extending the hours ~. for the skatepazk, 3) the idea of medians on Mayport Road, 4) Public Works' staff, particularly the Employee of the Quarter, for cleaning up the Mayport Road area, and 5) police efforts on Seminole Road. Mr. Speed reported several concerns: 1) sidewalks on Park Terrace East and West appear to be in bad shape, 2) heat pump on Park Terrace East and Seminole Road ®,,, continually runs on sidewalk causing it to be slipper, 3)sidewalk on corner of Seminole Road and Selva Marina Drive isn't pedestrian friendly, 4) entrance and exit around Seminole Road and Selva Marina Drive is dangerous and suggested signage ~„ around the curb, 5) traffic from Sewer Plant brings extra traffic through Linkside, and 6) Fleet Landing exit is being used for more than emergencies which was not the intention of the city. Bryan Barker, 1225 Selva Marina Circle and soon to reside at 620 Beach Avenue, spoke regazding the Residential Standards being applied only to old Atlantic ~•+ Beach. He believes that the restrictions should apply to the entire city and expects the commission to explain why they do not apply to all. Mayor Wolfson reminded visitors that the Commission listens rather than responds to visitor remarks during the ~, Courtesy of the Floor. Sally Clemens, 1638 Park Terrace West, explained the history of the Community ~* Character project. She compared the original lower proposed FAR to the latest proposed FAR and requested that the Commission compromise. ~"' Sharon Scholl, 2049 Selva Marina Drive, concerned with behavior and attitudes that have resulted from conflicts over the proposed residential standards. Ms. Scholl asked the Commission to go back at least three drafts and revisit some of the limiting ~"' principles. She complimented the Commission for addressing the matter of a 35-foot height referendum. Carol Mikell, 1771 Sea Oats Drive, Chairperson of "Save Atlantic Beach", noted the large number of supporters in the group and their communication efforts. She explained the financial implications of building a big house and believed that many people would not be able to get a Loan to build oversized houses. Rae Brady, 1636 Sea Oats Drive, concerned about impervious surfaces and drainage with regard to Community Chazacter development. She believes the entire community is affected and urged the Commission to be proactive. June 12 2006 REGULAR COMMISSION MEETING PaEe 3 Ray Coleman, 438 Inland Way, Member of the Cultural Arts and Recreation Advisory Committee, spoke regarding Item 8B. He expressed concerns that ~,. programs, events and projects are not being advertised enough throughout the city and requested that the Commission budget two reader marquees to use for informing the public. ~. Mayor Wolfson thanked Mr. Coleman and the Cultural Arts and Recreation Advisory Committee for their work. Judy Sheklin, 1985 Brista Del Mar Circle, is concerned with the draft proposal and would like protection of the community with regard to space and tree canopy. R.D. DeCarle, 51 Beach Avenue, thanked the Commission and Community Development Board for the time they spent on the project. He gave the Commission a ~"' ~ plat of "Old Atlantic Beach" to refer to for identifying the legal described sections where "Old Atlantic Beach" is. He urged the Commission to consider protecting the entire city instead of limiting the area to "Old Atlantic Beach". He pointed out areas "~"' of the draft proposal that needs amending. He requested that only three-story houses be addressed. ~'" Barbara Mears, 1604 Coquina Place, hopes that the ordinance passed by the Commission will apply to all of Atlantic Beach, not just a particular area. Ms. Mears would like to review Alan Jensen's position regarding the proposed Residential ~"` Development Standazds. She expressed that the current draft is not ready still. Bob Castro, 412 Ocean Blvd, spoke in favor of the rights of property owners and ~. expressed concern with potential legal action against the City. He compared the proposed guidelines to a Planned Unit Development and believes that the proposed w. guidelines would take away the Character of the city. Lisa Bruno, 377 Plaza, supports changing the zoning. She believes the draft proposal should be modified through more workshops in order to uphold the goals to achieve balance and scale. Ms. Bruno urged the Commission to vote against the draft proposal, stay on coarse using Winter's recommendations and consider using FAR's ,,,, in the range of .35 to .4 to preserve Atlantic Beach. Tom Goelz, 631 Beach Avenue, spoke about the character of the community being more that just regulation of zoning and development, but the relationship of the citizens. Mr. Goelz hopes to see more compromise and less division within the community. He thanked the Mayor and Commissioners for their work. Mayor Wolfson asked Gerard Vermey and Judy Jenness to wait and speak during the public hearing on Item 8A which is later on the agenda. Pat Pillmore, 905 Camelia Street, stressed to the Commission not to sacrifice impervious surfaces. Ms. Pilmore added that decisions regarding Community Character should not be influenced by businesses of building and developing, profit or portfolio but about living in Atlantic Beach. Michael Lanier, 1768 Park TerraceWest, asked the Commission to take a long term view for the future of Atlantic Beach.. June 12 2006 REGULAR COMMISSION MEETING Page 4 Former Mayor Bill Gulliford, 75 Beach Avenue, agrees with the need to consider the impact of zoning restriction on the entire community and take a long term view. He urges the Commission to clearly define what they want to accomplish through the Community Character project and clearly define what a "McMansion" is. David Boyer, 2061 Beach Avenue, supports a stronger ordinance and including the entire city. He believes that using FAR is a good idea. ~"' Thomas Grant, 1909 Selva Marina Drive, expressed concerns with the proposed draft and suggested having more workshops in order to come up with a more reasonable ordinance. Mike Witherspoon, 679 Ocean Blvd, is hopeful that, with more time, the community will resolve the residential standard conflict. Mr. Witherspoon complimented the '"" ~ Community Development Board and the Commission and encouraged all parties to work together. Mayor Wolfson explained the history of the Community Character movement and stressed the importance of relationships with each other in the community. He explained that the height referendum item is up for discussion tonight and that, if adopted by the voters, would affect the city's charter. He compared a charter revision to an ordinance change such as the one regarding the Residential Development Standards and pointed out that the Charter can only be changed by a majority of the voters, but that ordinances can be changed by the Commission. ~„ He asked for a show of hands from the audience members that are in attendance for Agenda Item 8C, Proposed Residential Development Standards, as recommended for adoption by the Community Development Board. With there being a good number of ,~„ citizens present for that item, the Mayor asked the Commission if they wished to move that item up on the agenda. ~„ It was the consensus of the Commission to allow item tsC to be taken out of sequence and addressed at this time. Miscellaneous Business C. Proposed Residential Development Standards, as recommended for adoption by the Community Development Board (City Manager) Sonya Doerr addressed the Commission and explained that Sam Jacobson, Chairman of the Community Development Board, was there to give his report and be available ~•• to answer questions after her report is made. She referred the Commission to the information submitted in the agenda packet which is attached and made part of this official document as Attachment A. Ms. Doerr went through each topic summary ~. of the draft Proposed Residential Development Standards and explained some of the reasons for the language being proposed. ~. The Mayor introduced Sam Jacobson, Chairman of the Community Development Board and explained to everyone that Mr. Jacobson is there to represent the action of the Board collectively. «.. June 12 2006 REGULAR COMMISSION MEETING Paee 5 ~. Mr. Jacobson, explained the Community Development Board's role in the project and that each member was committed to come up with something that would be in the best interest of the Community. He reported that many hours were spent on the Community Character project in meetings, workshops and research. He summarized the objective and the challenges the board faced while trying to balance preservation ~'" of "Character", getting the most out of your property, property rights, and quality of life issues. ~"' He reported that the area of applicability had continuous controversy. The initial recommended area stopped at 11th Street, then changed to 16`h Street as the Northern boundary. He explained that there where discussions regarding extending the area to cover the entire city but that the final recommendation was not to include it. Mr. Jacobson continued to go through the Proposed Residential Development Standards and explained the reasons and information leading to the final recommendation. Mayor Wolfson thanked Sam Jacobson for his report. He extended his appreciation to the entire members of Community Development Board for their hard work on the project. Mayor Wolfson stated his need to address and debate some questions that he still has and suggested holding another workshop to provide the interaction in an open forum. Mayor Wolfson asked each Commissioner to express whether or not they would consider another workshop. The consensus of the Commission was to hold a final workshop. Mayor Wolfson asked Jim Hanson to coordinate with the City Clerk to schedule a meeting time for the workshop. Unfinished Business 3. Unfinished Business from Previous Meeting ~„ from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson advised the Commission that there is no follow-up report to present. Consent Agenda 4. Consent Agenda ~• A. Acknowledge receipt of Monthly Report for Public Works and Utility Department, and New Occupational Licenses issued in June 2006 (City Manager) ~* B. Award the contract for Utility Installation at Sawgrass Chapel Place to Gruhn May, Inc. in the amount of $195,094, approve a contingency amount of $19,509.40, and authorize the City Manager to sign the contract (Bid 0506-11) (City Manager) C. Authorize Staff to negotiate with CDM for a Scope of Services for final design and construction of the Hopkins Creek Regional Retention Facility ~. (City Manager) June 12 2006 REGULAR COMMISSION MEETING Page 6 Motion• Approve Consent Agenda as presented. «~ Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-194, Introduction and First Reading ~" AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO ~"" THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Mayor Wolfson believed that the ordinance being presented had errors. The Mayor referred to the proposed ordinance, which is attached and made part of this official document as Attachment B, pointed out unclear language and offered new language to reflect the intent the Commission agreed to at the last meeting. Commissioners Borno and Simmons agreed that the language was unclear and that further discussion was necessary. There was a concern about the twenty-five (25) feet being in the referendum. City Attorney Jensen believed it could be stricken and requested that any proposed changes be provided to him in writing. Mayor Wolfson agreed and asked the Commission to submit the requested changes to the City Manager. The City Manager agreed to compile the information and forward it to the City Attorney. The Mayor requested that the revised Ordinance be circulated to the Commission by the end of the week for action at the next meeting. Motion• To defer action on Ordinance No. 90-06-194 until the July 24, 2006 meeting. Moved by Fletcher, seconded by Simmons ~,. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 ~• MOTION CARRIED B. Ordinance No. 20-06-79, Introduction and First Reading ~. June 12 2006 REGULAR COMMISSION MEETING Paee 7 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING ~* OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Wolfson read the ordinance by title only. Commissioner Borno explained the purpose of the ordinance for the audience. Motion: To approve Ordinance No. 20-06-79 on first reading. Moved by Borno, seconded by Simmons ~"' Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 '~" ~ MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from Judy Jenness for aUse-by-Exception (2006-03) to relocate the Freebird Cafe to the Atlantic Theatre site located at 751 Atlantic Boulevard and to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) (City ~. Manager) ~„ Sonya Doerr reported the Community Development Board's recommendation. She indicated that the Board heard comments from her, the applicant, Chief David Thompson and several citizens and unanimously recommended approval of the Use- ~„ by-Exception. She explained that the applicant addressed several issues to the Boazd such as: sound impacts to the adjacent residential areas, security and parking. ~„ Ms. Doerr pointed out the difficulty in determining the parking needs and how it was calculated in this case. She noted that conditions could be placed on granting the exception in order to help some concerns that were raised. She offered the following ~,, example: no pazking, no entrance, no exit, and no deliveries on the backside of the building after five o'clock (5:00) p.m. ,~. Police Chief David Thompson reported on the expected policing concerns. Security issues were addressed and he explained that Freebird would provide security personnel. Chief Thompson agreed that bringing in this type of venue would increase • police workload. Noise was a concern since live music will be in close proximity to a residential neighborhood. He offered solutions to help with the noise. He also reported on pazking lot trends and indicated that the parking impact would depend on variables such as: hours of operation of the surrounding businesses and what types of businesses open up. He noted that the Police Department does not have an opinion one way or the other to recommend or not recommend. Discussion ensued then the Mayor opened the floor to the public hearing. ~*' Judy Jenness, owner of Freebird Cafe, indicated that the main reason to move into the Atlantic Beach location was to increase the stage size in order to attract a wide June 12 2006 REGULAR COMMISSION MEETING _Page g variety of music acts and well-known performers. Deliveries, cleanup, noise, entrances, exits, parking and security were addressed during the discussion. Commissioner Fletcher advised everyone that he would vote against it tonight and explained his specific reasons. Gerard Vermey, 65 Shell Street, spoke in favor of the Freebird Cafe moving to that location. He pointed out that the cafe is similar to the business that is already located there. Tom Falin, 1144 Hamlet Lane East, Neptune Beach, General Manager of the '"" Atlantic Theatre, spoke in favor of the Freebird Cafe. Mr. Bailey, brother of David Bailey, spoke against Freebird Cafe mainly due to ~"' ~ parking and security concerns. Mr. Bailey addressed questions from the Commission. Motion To Approve the Request for aUse-bv-Exception (2006-03) to relocate "" the Freebird Cafe to the Atlantic Theatre site located at 751 Atlanhc Boulevard and to allow on premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) as recommended by the Community Development Board. Moved by Borno, seconded by Waters ~. Commissioner Simmons suggested that if the Use-By-Exception was passed, then conditions should be placed on the business such as: soundproofing the building, placing a concrete barrier between the building and the residential houses and regulating the hours of deliveries. Mayor Wolfson expressed his opposition to approving the request. He explained concerns regarding the parking, noise, safety, impact on Bailey's Gym and impact on ~, nearby residents. Commission Waters expressed his support for the cafe. d. Commissioner Simmons did not feel comfortable voting in favor of the Use-by- Exception tonight. She believed that the owner should research the concerns and come back at a later time with solutions to some of the issues. Commissioner Borno agreed with Commissioner Simmons. ~, Commissioner Borno withdrew his motion. Commissioner Waters withdrew his second. The Mayor explained to the applicant that if they were to vote on the Use-by- Exception and it be denied, the City Commission would not be able to vote again on a similar request for Use-by-Exception for 365 days. The Mayor asked the applicant if she would agree to come back at a later date. Ms. Jenness agreed to the Mayor's offer. ~. June 12 2006 REGULAR COMMISSION MEETING Page 9 Motion To defer the Request for aUse-bv-Exception by the applicant_until such time as the a licant brin sit back to the Commission for further consideration. Moved by Simmons, seconded by Waters ~* Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson Nay: 1- Fletcher MOTION CARRIED Mayor Wolfson advised Ms. Jenness to reapply through the City Clerk when ready. B. Draft Resolution from the Cultural Arts and Recreation Committee to ~" ~, purchase and Install two Marquees (City Manager) City Manager Hanson explained that Ray Coleman spoke earlier regarding the "" Cultural Arts and Recreation Advisory Committee's recommendation for the City to purchase and install two marquees. He reported that staff recommends discussing it at a Budget Workshop. Commissioner Borno had concerns regarding the proposed locations and who owns them. He expressed that he did not believe marquees to be the answer to advertising. Commissioner Simmons agreed and wants to hear more choices for advertising during the budget meetings. ~. Commissioner Fletcher agreed and added that he would like to have further information such as cost for preparation and maintenance, procedures on control of the content, and city manpower needs. ~, The consensus of the Commission was to put a hold on any action and discuss the item at a Budget Workshop. C. Proposed Residential Development Standards, as recommended for adoption by the Community Development Board (City Manager) This item was taken out of sequence and acted on earlier in the meeting. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment C. His report discussed the Traffic Study concerning proposed Wal-Mart in Neptune Beach. v June 12 2006 REGULAR COMMISSIOI~t MEETING Page 10 He also reported on The Palms Apartments indicating that a draft agreement between the owner and the City has been circulated and that they are currently discussing areas of disagreements. He expressed hope that an agreement could be worked out soon. City Manager Hanson reported an emergency repair to a critical component at the Buccaneer Wastewater Plant on July 7th. He explained that the cost was $22,153 for the sole source item. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno "" • Advised the Commission that he will leave town on Friday July 14th and will return on Saturday, July 22°a Commissioner Simmons • Referenced and explained a packet that she had prepared and distributed that includes helpful tables and information to be used during the Community Character Workshop Commissioner Fletcher • Thanked Commissioner Simmons for the wonderful information Commissioner Waters • Expressed he was glad to be back from vacation Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 11:27 p.m.. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: „~ Donna L. Bussey City Clerk