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Item 1BMINUTES REGULAR CITY COMMISSION MEETING November 24,2014 IN ATTENDANCE: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daughe1ty Commissioner Jimmy Hill Commissioner Maria Mark Call to Order/Pledge: CITY HALL, 800 SEMINOLE ROAD City Manager Nelson Van Liere City Attomey Richard Komando City Clerk Donna L. Bmtle AGENDA ITEM# 1B JANUARY 12,2015 Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes ofthe Commission Meeting ofNovember 10, 2014. Mayor Woods explained she had asked the City Clerk's office to clarify more about what had gone on with the Kangaroo sign and the Fleet Landing sign so they added more of that conversation, specifically pointing out that these permits that were issued that don't meet our Code were issued by the past administration and not the current administration. She stated she is asking that this rewritten paragraph be added to the minutes on page 7 as in the copy the City Clerk distributed to the Commission. Motion: Approve the minutes as amended adding the proposed language on page 7 as distributed tonight. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 -Becken bach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W 3rd St., spoke in opposition to the CRA, stating the projects shown m·e projects that can be handled by the City without the need to force another government agency on the area and the businesses in the area. Richard Reichler, 2025 Beach Ave., spoke in opposition to parking along Seminole Road. He suggested spending the $250,000 to put the electrical lines underground from close to Atlantic Blvd. up to City Hall. Douglas Speed, 1207 Seminole Rd., stated he believes the Tree Ordinance should be brought back but it shouldn't cost a homeowner to remove a nuisance tree. He also stated some of the ordinances we have already aren't enforced. He stated they need to address some of the ordinances they currently have on the books along with maybe adding some that would be positive to the City. He fmther stated he wants to build a tennis court in his yard and would like to get the same setback for his fence of 5' -7' from the road as November 24,2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1B JANUARY 12, 2015 Page2 Atlantic Beach Country Club did for their tennis courts. He stated he doesn't understand who is giving the permissions to the Club on their plans. He also stated he doesn't like being penalized if he uses a dumpster company that is not on the City's list. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Appointment of Director ofPublic Safety/Police Chief. City Manager Nelson VanLiere reiterated that the selection committee unanimously selected Michael Deal to be the new Director of Public Safety/Police Chief. He stated if the Commission votes to approve the appointment, they will have a swearing-in ceremony on December 15, 2014 at 10:00 a.m. in the Chamber. Motion: Approve the appointment of J. Michael Deal as the new Director of Public Safety/Police Chief for the City of Atlantic Beach. Moved by Mark, Seconded by Daughe1ty Commissioner Hill asked if the Chief is required to live in the City. Mr. VanLiere stated he believes the requirements stated it is prefen·ed that he live in Atlantic Beach, but not required. Commissioner Hill asked if they established a distance. Mr. VanLiere stated there is a distance for take-home vehicles. Commissioner Hill asked if Mr. Deal is going to fall into that category. Mr. VanLiere stated Mr. Deal is looking at housing now and finding it extremely difficult to be in our City limits, both renting and for purchase. Commissioner Hill asked Commander Gualillo if the take home car distance is still enforced on the police department. Commander Gualillo stated the maximum distance is 15 miles, but there is a 5 mile radius for use off duty. Commissioner Hill asked that Mr. Van Liere have that conversation with Mr. Deal and see if he can fall within those same requirements. Mr. VanLiere stated he believes that if he agrees to take a take-home car then he would fall within the same parameters, although he doesn't have a contract with terms like that. Commissioner Hill asked what his response requirements are. Mayor Woods stated she is sure Mr. Deal is working very hard to get as close as he can to the City; she doesn't believe that is an issue. Mayor Woods reiterated Mr. Deal is scheduled to take office on December 15, and they will have the swearing in ceremony here in the Chamber, followed by coffee and donuts and a meet and greet if anyone in the community or staff wants to come in to meet him. Commissioner Hill asked what Mr. Deal's probation te1ms are. Mr. VanLiere stated typically employees are 6 months and he believes his evaluation period will be just like anyone else's. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda None. 5. Committee Reports A. Letter from Chairman Donald Wolfson, Charter Review Committee. November 24, 2014 REGULAR COMMISSION MEETING AGENDA ITEM # 1B JANUARY 12, 2015 Page3 City Attorney Rich Komando stated part of the Commission's charge to the Charter Review Committee was to provide a report six months after the first meeting date. He stated the report in the agenda packet indicates the Chmier Review Committee is making progress but they are asking for some additional time. He stated he, the City Manager, and the City Clerk sit in on those meetings to provide technical suppmi and as pmi of that he has been keeping track of the proposed revisions, which will ultimately come to the Commission for final review. He stated at the direction of the Commission they will prepare the Ordinance(s) that will be required to put the proposed changes on the ballot for referendum. He stated they are hoping to have their final report submitted by the end of February. Mr. Komando answered questions fi:om the Commission. Discussion ensued. Commissioner Mark asked if the Commission could stmi workshopping the items that have been voted on and approved by the Committee. Mr. Komando stated he doesn't know if the Committee is planning to go back to any pmiion of these items. Commissioner Mark asked Mr. Komando to discuss this at their next meeting and repmi back to the Commission so they could start scheduling the workshop on these items. Mr. Komando stated he will ask the Committee. Further discussion ensued. Mr. Komando stated there is always the ability that if the Commission finds another amendment they wish to see presented to the voters, they can do that; they aren't limited to whatever the Committee puts forward. Mayor Woods stated, on behalf of the Commission, she would like Mr. Komando to thank the Committee very much for all of their hard work and efforts and tell them that the Commission appreciates everything they are doing. She also asked him to ask the Committee if there is any way for them to get their final repmi to the Commission by February 1, that would be greatly appreciated and if they can get agreement on topics the Commission can be discussing between now and then. Mr. Komando stated he would find answers to that. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 90-14-223, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEY ARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Building and Zoning Director Jeremy Hubsch explained the verbiage he had in the Ordinance was not cmTect and he has given them an addendum with the conect verbiage for the Ordinance. He asked the City Attorney how they should proceed. Mr. Komando explained the change, stating what they now have conforms to the report. He stated to ensure the public has adequate time to review he is asking that it be placed back on first reading at the next meeting. Motion: Place Ordinance No. 90-14-223 back on agenda for first reading at the next meeting. Moved by Daugherty, Seconded by Mark Mr. Hubsch answered questions about setbacks fi:om the Commission. Discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED November 24, 2014 REGULAR COMMISSION MEETING B. Ordinance No. 60-14-19, Public Hearing and Final Reading AGENDA ITEM# 1B JANUARY 12, 2015 Page 4 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17, ARTICLE IV, SECTION 17-51 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, TO EXTEND THE DATE FOR COMPLIANCE WITH SIGN REGULATIONS TO JUNE 1, 2015; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Hubsch explained this is to extend the sign code am01iization date to June 1, 2015. He stated the Community Development Board voted unanimously to recommend approving this ordinance. Mayor Woods opened the Public Hearing. Douglas Speed, 1207 Seminole Road, stated the Palm Coast area doesn't allow any large signs and it looks great. He stated whatever sign ordinance we currently have, we should make it even stricter. No one else from the audience spoke, so she closed the Public Hearing. Mr. Komando stated they should have a motion to read by title only before they actually read the ordinance. Motion: Read the Ordinance by title only. Moved by Hill, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods read the Ordinance by title. She asked if there was any discussion and then asked all in favor say aye; all opposed. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Mark asked, as a point of order, have they been doing this backwards all this time, because usually the ordinance is read and then they say move to approve ordinance as read by title. Mr. Komando stated they have been operating where it is presumed that it is read by title only; he is just asking for the formality of it. Commissioner Mark asked if that is what they should do with all ordinances going forward. Mr. Komando stated yes. City Clerk Bartle asked when they just voted did they have a new motion and a second before they voted to approve the ordinance. Mr. Komando stated yes. Ms. Bartle stated she must have missed that. Mr. Komando stated when you are moving to read it by title only it is moving to approve the ordinance. 8. Miscellaneous Business (Discussion only) A. PLAT 14-00100039. November 24, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1B JANUARY 12, 2015 PageS Building and Zoning Director Jeremy Hubsch summarized his staff report and gave the measurements of the driveway widths. He stated if they are concemed about driveway widths on the property, that could be a separate condition they could impose on it. He further stated other items they could incorporate into their decision making process could be consistency of the comprehensive plan as stated in goal A-1, which says the City shall manage growth and redevelopment in a manner which results in a pattem of land uses that encourages, creates and maintains a healthy and aesthetically pleasing built environment and maintains the City's distinct residential community character. Motion: Approve PLAT 14-00100039, 1251 Selva Marina Circle, with the condition that the existing structure on site is demolished or altered within 120 days of approval. Moved by Daugherty, Seconded by Mark Commissioner Hill stated he met the petitioner on site and they are charged with figuring out when they are going to try and maintain the character of the community and splitting lots does not do that when they require changes. He stated splitting lots when they fit our ordinance without changes would do that. He stated as much as he wants to do this to help the property owner, he will speak against it because it requires the Commission's action and it shouldn't require additional action; it should just be approved or not. Commissioner Beckenbach stated he agrees with Commissioner Hill. He stated in this particular case there is a variance requested for the driveway. He stated he is not looking to increase the density of the City. He stated he is not here to increase the number of houses on a particular lot that has already been platted and will continue to look at lots when they come in for variances to keep the growth and redevelopment in a manner to keep the City in a reasonable size. He stated he will vote against it. Commissioner Daugherty stated even with the lot split the lots are the same size as other adjoining houses in the area. He stated if this was on Beach A venue and they were trying to squeeze two houses on there, he would be in complete agreement with Commissioner Hill, but the situation here is where someone has a very large lot and it makes a lot of common sense to divide it. He stated it is in character with the neighborhood. He stated the only reason they need this is because of the shape of the lot. Mayor Woods stated what they are looking at is a neighborhood that used to have all lots that were that size, but it has been changed through the years. Discussion ensued. Mr. Hubsch stated this is not a variance but a replat. He stated they are requesting to move their building restriction line farther back to meet a code requirement, so it's not technically a variance. Commissioner Mark stated she doesn't see how the Commission can deny the property owner's rights if his request meets our codes. He is asking that the building restriction line be set back so it meets the 75' requirement. She stated she agrees with the Community Development Board in this matter. Mr. Hubsch stated the petitioner was here and wanted to speak. Peter Coalson, 1614 Coquina Place, addressed the Commission's concerns, stating a variance was granted for this change, although the Commission has the right to overtum it. He stated they aren't asking the Commission for a variance; it is simply that they were required, as part of that variance, to provide a new plat of the property which met the conditions prescribed by the Community Development Board. He stated it is his fim1 belief that the Board studied this and saw it as reasonable. He stated he strongly encourages them to follow the direction of the Community Development Board and agree to approve this plat. November 24,2014 REGULAR COMMISSION MEETING Discussion ensued. AGENDA ITEM # 1B JANUARY 12, 2015 Page6 Mayor Woods asked the City Clerk to read the motion, which she did. Mayor Woods stated, to Commissioner Mark's point, they are not voting on this; they are deciding whether to move it forward to vote on at the next meeting. Commissioner Mark stated that was conect. She added at the last meeting they said it was a consensus to move this to unfinished for the next Commission meeting with the condition of a maximum 15' driveway for each individual lot. Mayor Woods stated, as Mr. Hubsch explained, our Code does say that only half of the right-of-way space can be impervious and he also pointed out that they could use the semi-impervious pavers and cover the whole thing. She stated when they get to voting on this next week, she wants to be sure they are clear that, of that 26 feet, 13 feet of it can have any kind of paving in it and of that 34 feet, 17 feet can have any kind of paving in it. Mr. Hubsch stated the right-of-way is only about 2-3 feet from the pavement so if they are to do that they might want to establish 20-30 feet off of pavement. Mayor Woods asked what is the distance between the right-of-way and the building construction line, as proposed. Mr. Komando stated it is 50 feet. Mayor Woods stated she would like to see a minimum of 20 feet for the next meeting when they get around to voting on it. She stated they will have this condition and the condition of demolishing the structure in the recommendation. Mayor Woods stated they are voting whether to move this forward as unfinished business. City Clerk Bmile asked what they do with the motion they already made. Commissioner Daughe1iy and Commissioner Mark withdrew their motion. There was consensus of the Commission to move this to unfinished business at the next meeting. Mayor Woods stated the City Manager asked that she clarify that they have consenst1S with the driveway restrictions and the distance and the demolishing of the building, as well. It was the consensus of the Commission for agreement to those conditions. B. Tree Canopy Survey. Commissioner Mark gave some handouts to the Commission. She reported on the meeting Mr. Van Liere, Mr. Hubsch and she had with Charlie Marcus, Urban Forester with Legacy Arborist Services last week where they discussed the tree canopy survey. She explained the tree canopy analysis stating the proposal for that service would be $1,500. She stated Mr. Marcus also offered to review our cunent ordinance at no charge. She asked the City Manager to speak about the funding for the tree canopy study. Mr. VanLiere stated he could charge that $1,500 to the Tree Mitigation Fund if the Commission would give consensus. Discussion ensued. It was the consensus ofthe Commission to move forward with the survey. 9. City Manager A. City Manager's Report. • 90-Day Calendar (November 2014-January 2015) Mr. VanLiere stated the only item added to the calendar is the Town Hall Meeting on Saturday, January 10, at the Gail Baker Community Center. Also added was the swearing in ceremony on December 15 for the new Police Chief. 10. Reports and/or requests from City Commissioners and City Attorney A. Appointment of Commission member to the Board Member Review Committee Mayor Woods recommended that the Commission appoint Commissioner Hill to the Board Member Review Committee. November 24, 2014 REGULAR COMMISSION MEETING Motion: Appoint Commissioner Hill to the Board Member Review Committee. Moved by Woods, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Mark AGENDA ITEM# 1B JANUARY 12, 2015 Page 7 • Asked about the status of the moratorium on the boat parking ordinance on the west side of Mayport. Mayor Woods stated they left it in place with the guidance that if anyone could come up with a better solution they are welcome to bring it to the Commission. Commissioner Daugherty stated the moratorium has expired. Commissioner Daugherty • Wished everyone a happy Thanksgiving. Commissioner Beckenbach • Further discussed the splitting of the lots. He suggested the Commission start looking at the ordinances and change a number of the different codes so the character of the City can remain intact. Commissioner Hill • Addressed the CRA, stating he would like to have a visiOning meeting. Commissioner Mark suggested using the Town Hall meeting in January as a community discussion of visioning. City Attorney Komando • Gave an update on the contract for the City Manager, stating there is some discussion going on and they hope to have it resolved soon. Mayor Woods • Reported on her meeting with Tony Allegretti, Director of the Cultural Council, who has an initiative focusing on public art. • Reported there will be a Beaches Watch meeting on January 7, at which they have invited the three mayors to come and give a State of the City speech. • Stated she believes the most important thing the CRA does is it commits the City to funding projects. • She repmied they confirmed Nelson VanLiere as the City Manager on November 19. Mr. VanLiere thanked the staff who have helped him get through this year. He stated every Department did extra work and had a lot of patience with him to help him move into this position. He also thanked the City Attorney for his support and advice. November 24, 2014 REGULAR COMMISSION MEETING Adjournment AGENDA ITEM# 1B JANUARY 12, 2015 Page 8 There being no fmiher business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:30p.m. ATTEST: Donna L. Bmile, CMC City Clerk Carolyn Woods Mayor/Presiding Officer