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MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, JUNE 10, 2002 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Paul Pazsons and Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk ABSENT: Mike Bomo, Commissioner Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Beaver was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of May 28, 2002 Motion: Approve the minutes of the Regular Commission Meeting of May 28, 2002 as presented. The motion carried unanimously. Mayor Meserve welcomed Holly Kartsonis and Art Graham, candidates for the Jacksonville City Council, to the meeting. 2. Courtesy of the Floor to Visitors: J.P. Marchioli of 414 Sherry Drive, inquired concerning the specification for the thickness of the sidewalk in Item 4D. Stephen Kuti of 1132 Linkside Drive provided historical information concerning Azerbaijan (Item 8D) and opposed asister-city relationship with a country in which we shazed nothing in common. Bob Totter of 27511an Street commented on the following items: (1) He was happy to see an entrepreneur planned to do something with the old Pic `N Save Building, (2) felt Mr. Scott from the FDOT should be provided information concerning the accidents on Mayport Road to support lowering the speed limit to 35 mph, and (3) that assessed values were V V O p T T E E s s M S O E T C I O Y O N E IQ N D S Q COMMISSIONERS BEAVER X R PARSONS R WATERS R X MESERVE X Minutes Page -2- June 10, 2002 going up 11%, taxes were already too high, and he would like the Commissioners to be frugal with the city's tax dollars. 3. Unfinished Business from the previous meetings A. City Manager's Follow up report on issues from previous meetings City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment A. He indicated that a revised Sign Ordinance and a report on options for beach parking would be presented at the June 24, 2002 Commission Meeting. 4. Consent Agenda: Mayor Meserve requested that Item D be removed from the Consent Agenda for discussion. A. Acknowledge receipt of the following monthly reports: Occupational Licenses, Public Safety, Public Works (City Manager) B. Award a contract to T.W. Blount Jr. & Son Contracting in the amount of $57,003.10 for Sherman Creek Trestle Crossing Stabilization pursuant to the specifications of Bid No. 0102-2, and authorize the City Manager to sign the. contract documents (City Manager) C. Authorize the Mayor to sign the application for State Revenue Sharing 2002-2003 (City Manager) Motion: Approve Consent Agenda Items A-C as presented. There was no discussion and the motion carried unanimously. D. Award contract to Gruhn May, Inc. in the amount of $95,321 for 33001inear feet of sidewalk to be constructed on Orchid/Rose Streets and West Plaza, pursuant to the specifications of Bid 0102-18, and authorize the City Manager to sign the contract documents (City Manager) Motion: Award contract to Gruhn May, Inc. in the amount of $95,321 for 3300 linear feet of sidewalk to be constructed on Orchid/Rose Streets and West Plaza, pursuant to the specifications of Bid 0102-18, and OMMISSIONERS M O T I O N S E C O N D Y E S ~j Q BEAVER x x PaRSOxs x x WATERS X MESERVE R BEAVER % X PARSONS X X WATERS X MESERVE X Minutes Page -3- June 10, 2002 authorize the City Manager to sign the contract documents. City Manager Hanson explained that Community Development Block Grant (CDBG) funds were available for sidewalk installation in Mazsh Oaks and for the rehabilitation of the sanitary sewer on Jackson Road. He indicated that the total bid for the work was greater than the amount of CDBG funding. Mr. Hanson further reported that staff determined the prices for the sewer rehabilitation were high and CDBG funds should be spent on sidewalks for Orchid and Rose Streets and West Plaza. He indicated that the City of Jacksonville required that the funds be spent by the end of July. Utility Duector Kaluzniak reported that the standard for sidewalk construction was five feet wide and four inches thick. There was no discussion and the motion carried unanimously. 5. Commttee Reports: Audit Committee Report Commissioner Pazsons reported that the Audit Committee met on June 4, 2002, to review the proposals. He indicated that after a complete discussion of the four firms' capabilities and a conference call to City Attorney Jensen to discuss the committee's responsibilities, it was felt that the Audit Committee should conduct the interviews and make a recommendation to the Commission. He reported that the Committee ranked the proposals and selected three firms to be interviewed. By consensus, the Commissioners agreed with the procedures outlined by Commissioner Pazsons. The committee will interview the three top firms and present their recommendafion to the city Commission. 6. Action on Resolutions There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 90-02-171 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE N0.90-02-171, REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE OMMISSIONERS M O T i O N S E C O N D Y E S ~ q Minutes Page -4- June 10; 2002 PRESENT ZONING CLASSIFICATION OF OPEN RURAL (OR) TO SPECIAL PURPOSE (SP); FINDINGS OF FACT; PROVIDING FOR SPECIAL CONDITIONS; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve presented Ordinance No. 90-02-171 in full, in writing. Motion: Approve Ordinance No. 90-02-171 on f-rst reading. Community Development Director Doerr explained the request as listed in her Staff Report dated May 24, 2002, which is attached and made part of this official record as Attachment B. Ms. Doerr briefly explained the conditions placed on the property by the Community Development Boazd and stated they had been somewhat modified and expanded, as shown on Page 2 of the memo. Ms. Doerr stated that since the Staff Report was written, the applicant had requested that the following changes be made to the ordinance: (1) Section 3, Item d be amended to read "Any wetlands filled on-site should be permitted in accordance with all applicable State and Federal regulations." She pointed out that the city had no regulatory authority over wetlands; and (2) Section 3, Item c (iii) to include the following pazagraph: "In the event that the Principal Building is reconstructed, the maximum height of the building shall be limited to fifteen (15) feet above Base Flood Elevation (BFE) as may be established, or amended, by the Federal Emergency Management Agency (FEMA) and limited to a single- story of enclosed floor azea". Mayor Meserve opened the floor for a public hearing. Steven Diebenow ,the attorney representing Queen of Peace Radio Station, explained the reasons for the requests. He indicated that the radio station did not intend to build a structure more than one story or to exceed fifteen feet above the ground, but requested that this language be included so in the event FEMA redesignated the flood zone or if there was a flood staging requirement that required future buildings to be constructed a certain height above the ground, they would be able to reconstruct their building. J.P. Marchioli commented that the building might be destroyed by termites and the owners might want to build a two story structure which would be a credit for the community. OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER PARSONS WATERS MESERVE Minutes Page -5- June 10, 2002 Since no one else wished to speak,. the Mayor closed the public hearing. Commissioner Waters felt the building spoiled the view of the mazsh and that in addition to the Community Development Boazd, the Commission should approve site plans for any future development permits issued for the site. Commissioner Waters requested that Section 3, Item a be amended to reflect the change. Fyrst Amendment to the Motion: Amend Section 3, Item e, by adding:..shall require site plan approval by the Community Development Board and City Commission. prior to the issuance of any future Development Permits. Mayor Meserve felt there was a need for cleaz rules for approval or denial of any request for future development in a Special Purpose zone and that the rules should be included in the ordinance. Discussion ensued concerning the possible reasons for denial of any future development at the site. Community Development Duector Doerr felt that a request could be denied only if it did not comply with the terms of the ordinance or if there were other agency permitting issues. She indicated that the applicant agreed with the language in the ordinance. City Attorney Jensen pointed out that Item a addressed site plan approval, which addressed the location of the building on the property, not the type of structure. Discussion ensued and Commissioner Waters inquired asxo the size and number of permitted signs at the site.. He indicated that he would like to see only one sign at the site. Motion: Delete the paragraph concerning wall or fascia signs from the ordinance. This motion failed for lack of a second. Second Amendment to motion: Approve all changes to the ordinance as recommended by staff. Mayor Meserve indicated that the final reading and public hearing would be held on June 24, 2002. There was no more discussion and the first and second amendments to the motion, and the main motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER X PARSONS X X WATERS R R MESERVE X WATERS X BEAVER R X PARSONS X X WATERS X MESERVE X Minutes Page -6- June 10, 2002 8. Miscellaneous Business: A. Public hearing and action on a request for ause-by-exception .filed by Scott J. Morris Construction to allow on-premise consumption of beer, wine and liquor, limited wholesale operation, limited warehousing and contractor with no outside storage on property located at 725 Atlantic Boulevard (Former Pic `N' Save location) zoned Commercial General (CG) (City Manager) Motion: Approve Use-by-Exception as recommended by the Community Development Board. Mayor Meserve opened the floor for a public hearing and invited comments. Alan Dickinson, developer for the project, explained his proposed development plan for the North Beach Center in detail. A site plan, a proposed floor plan, and an illustration of the Art Deco fagade for the high-end shopping center were displayed. Mr. Dickinson indicated that the request for wazehousing at the back of the building was crucial to the project. Emphasis was placed on the full use of the building as requested in order to meet debt service on the $6M project. Mr. Dickinson also requested Commission consideration of the following additional items: (1) That he be allowed to purchase the small city-owned parcel at the reaz of the site to create an additional access point on Cavalla Road, (2) that he be allowed to use cityright-of--way on Sailfish Drive for pick up and commercial delivery on the east side of the building. He felt this item was vital to the success of the project since any restaurant locating in the building would not want to accept deliveries through the front of the building, (3) that the Community Development Boazd's recommended hours of operation for the seven (7) reaz spaces be changed from 7:00 a.m. to 9:00 p.m. to 5:30 a.m. to 9:00 p.m., and (4) that the Art Deco fagade element of the building be allowed to exceed the thirty-five (35) feet height limitation. Mike Boyle of 401 Sailfish Drive stated that he opposed eazly morning operation and truck usage of Sailfish Drive. No one else wished to speak and the Mayor closed the public hearing. Mayor Meserve recapped the requested use-by-exception, which included on-premises consumption of beer, wine and liquor, limited wholesale operation, limited wazehousing and contractors with no outside storage. OMMISSIONERS M O r I O N S E c O N D Y E S N q BEAVER X x PARSONS WATERS MESERVE Minutes Page -7- June 10, 2002 Community Development Director Doerr explained that the Community Development Board made no recommendation concerning exceeding the height limits for the fagade since by code, only the City Commission could make that determination. Community Development Director Doerr explained relative to use of the city right-of--way on Sailfish, the code required that off-street loading be provided on-site, but that it also contained a mechanism for a waiver to the requirement, which was the use-by-exception. It was pointed out that there were practical issues to be considered, and Ms. Doerr expressed concern for setting a precedent to allow off-street loading on city right-of- way. Commissioner Beaver expressed concern that the project might not progress as presented and he did not want to see a strip mall with four bars on the site. It was pointed out that the Commission could put any conditions it wanted on the project. He stated he could agree to the increased height of the facade, but did not want the neon lights to be intrusive to the residents living behind the building. Commissioner Waters stated that he did not favor allowing a height increase or granting four consumptive use permits for unknown businesses. He was opposed to any night club-type operations going in the building. Commissioner Parsons favored the project and stated that he had no problem with the increased height for the fapade. Mayor Meserve stated he had visited the site and favored maintaining the current height limitation of 35'. He also expressed concern that it was difficult to grant the use-by-exception based on an artist's concept. Mayor Meserve felt language should be included which stated that the project would be built substantially to the design as presented at the meeting. Mayor Meserve stated that large delivery trucks would either have to make a u-tum on Cavalla Road to come back to Sailfish Drive or go out Cavalla Road, which is a residential street. He felt use of the city right-of- way for unloading large trucks presented a safety issue. He also stated that he had no problem selling the city parcel. and the city would obtain an independent appraisal of the property to set the value for the sale. Mr. Dickinson agreed to including language in the use-by-exception indicating that the redevelopment of the former Pic `N Save store would look like the artist's rendering for the North Beach Center as presented to the Commission. Mr. Dickinson stated he would be receptive to delaying OMMISSIONERS M 0 T I O N S E C O N D Y E S N O Minutes Page -8- June 1 Q 2002 authorization of the four consumptive use permits until the businesses were known, and agreed to keep the fapade at thirty-five feet. Mr. Dickinson felt it was essential to have the following requests granted: (1) The use of Cavalla Road access and he agreed that it would be used as an exit-only, right turn egress with raised curbing, (2) use of the cityright- of-way for off-street loading in order to keep a major restaurant chain interested in the site, and (3) the redevelopment of the reaz of the building into seven (7) bays ofshowroom/office/limited wazehousing/limited wholesale operations and contractors use with no outside storage. Commissioner Pazsons felt operations should not begin before 6:30 a.m. He stated that he had walked azound the site and felt this was a good project to revitalize the area and urged the Commission to approve it. A lengthy discussion concenng the use of Cavalla Road, warehousing operations and pazking on the city right-of--way ensued. Commissioner Beaver concurred that the hours of operation should be limited to 6:30 a.m. - 9:00 p.m., and stated he could not support pazking on the Sailfish right-of--way. Commissioner Waters inquired concerning the choice of Art Deco for the shopping center and indicated his preference for a more traditional look. Commissioner Water suggested access from the front for the restaurant, but Mr. Dickinson felt this was not practical. Mayor Meserve indicated that the Commission needed to work through all of the issues in order to give Mr. Dickinson an answer to his requests. Following a complete discussion of the requested items a motion was put forth as follows: Amendment to the main motion: Accept the recommendation of the Community Development Board and approve the use- by-exception Filed by Scott J. Morris Construction with the following amendments: (1) Time of operation relative to contractor activity will be from 6:30 a.m. to 9:00 p.m., (2) the height for the front fagade will be limited to thirty-five (35) feet, (3) the city property will be sold at a price determined by an independent appraisal and then negotiated between the city and developer, (4) relative to truck traffic at the back of the building, Cavalla Road access will be constructed as an exit- only, right-fora only egress with raised curb, exiting in front of two homes on Cavalla Road, (5) the developer will meet design considerations as shown in the artist's rendering of the shopping center, (~ approval granted for limited warehousing as requested, (~ all landscaping requirements will be met, and OMMISSIONERS M O T I O N S. E C O N D ~~ Y E S Y Q Minutes Page -9- June 10, 2002 (8) approval granted to allow for the on-premise consumption of beer, wine and liquor in not more than four (4) spaces, and (9) deny request for off-street loading on the Sailfish right-of- way. There being no further discussion, the amendment to the mofion and motion carried by a three to one vote with Commissioners Beaver and Pazsons and Mayor Meserve voting aye and Commissioner Waters voting nay. For clarification, an amended list of conditions of the use-by-exception is listed below: The architectural design of this Development Project shall be generally as presented within the application for Use-by-Exception (File #Use-by-Exception-2002-04.) 2. The azchitectural fagade element, which is proposed to be constructed on the south elevation of the building, shall be limited to thirty-five (35) feet in height and shall contain no signage. 3. Uses which shall occupy any of the thirteen spaces on the southern frontage of the building shall be limited to those as set forth within Section 24-111(6), Permitted Uses, with aUse-by-Exception to allow for the on-premise consumption of beer, wine and liquor in not more than four (4) spaces. 4. The seven (7) spaces, which shall occupy the rear portion of the building, shall be limited to a combined total floor area not to exceed 36,000 squaze feet. Uses shall be limited to those as set forth within Section 24-111(6), Permitted Uses, and Uses-by Exception limited to: a. Contractors with no .outside storage; no outside pazking of heavy equipment or commercial construction related vehicle vehicles, no construction activity occurring on-site, and no daily contractor related activity occurring before 6:30 am or a8er 9:OOpm. b. Limited Warehousing and Limited Wholesaling restricted only to consumer products and goods as defined by Standazd Industrial Classification Industry Groups 504-Professional. And Commercial Equipment; 502-Furniture And Home Furnishings; 5111-Printing and Writing Paper; 5112- Stationery and Office Supplies, 5113- Appazel, Piece Goods, And Notions. c. All uses identified by Section 24-112, Light Industrial and Wazehousing Zoning Districts shall be prohibited, except for such OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER R X PARSONS X X WATERS X MESERVE X Minutes Page -10- June 10, 2002 use as may also be Permitted Uses in the Commercial General Zoning District. Commercial traffic shall be limited to existing ingress and egress points on Atlantic Boulevazd and Sailfish Drive, East and Cavalla Road. If constructed, the Cavalla Road access shall be designed and constructed as an exit-only, right-tum only egress with raised curbing and signage, which shall restrict use of the Cavalla Road driveway accordingly. 6. A unified sign plan shall be approved by the Community Development Director, which shall comply with the City's sign regulations, and which demonstrates a common theme with respect to sign type and construction, illumination, size, style and color. All owners and lessees, and any assigns seeking sign permits within this Development Project shall be subject to this unified sign plan. B. Discussion and related action on production of future City newsletters (City Mauager) Commissioner Waters suggested publication of a bi-monthly newsletter. Discussion ensued concerning costs and funding for the newsletter. It was felt that it was important to continue publishing the newsletter since it would provide a source of information for residents during the Core City construction project. Motion: Authorize staff to produce a monthly tri-fold newsletter printed on both sides of one sheet of paper, and direct staff to bring a proto-type to a future meeting for Commission approval There was no more discussion and the motion carried unanimously. C. Authorize the City Manager to contract with Dowling Construction to make emergency repairs to the boardwalk at Tideviews Preserve in the amount of $22,846 (City Manager) Motion: Waive the bid process and authorize the City Manager to contract with Dowling Construction to make emergency repairs to the boardwalk at Tideviews Preserve in the amount of $22,846. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X PARSONS X WATERS X X MESERVE X BEAVER R X PARSONS X WATERS X X MESERVE X Minutes Page -11- June 1Q 2002 forward with the project as soon as possible since that portion of the pazk had been closed since the fire. Commissioner Waters felt serious consideration should be given to providing for pazk protection. There was no discussion and the motion carried unanimously. D. Discussion and possible action regarding establishing a sister-city relationship with Nakhchivan City in Azerbaijan (Mayor) Mayor Meserve stated that he was not in favor of the request. He felt that Nakhchivan City in Azerbaijan was a remote industrialized city sharing little in common with the City of Atlantic Beach. He felt there was a language barrier and asister-city relationship with the city would require considerable staff time and funding. Commissioner Waters suggested placing an article in the first newsletter to see if any citizen was interested in taking on the project. Commissioner Beaver inquired as to how asister-city relationship worked. City Manager Hanson indicated that he had experience with sister-city projects and would report on those experiences at the next meeting. 9. City Manager City Manager Hanson reported on the following items: Reported that lead base paint had been found during renovations to the Adele Grage Community Center and a Change Order in the amount of $15,737 to neutralize the lead base paint had been submitted by the contractor. City Manager Hanson requested Commission authorization to make the expenditure on an emergency basis so as not to delay the work. There were no objections to the emergency expenditure. • Announced that Michael Fields, a Wastewater Treatment Plant Operator, had been chosen Employee of the Quarter. • Utility Director ICaluzniak distributed Water Quality. Reports for the Atlantic Beach and Buccaneer Districts to the Commissioners. OMMISSIONERS M O T I O N S E C O N D Y E S Q q Minutes Page -12- June 10, 2002 • Reported that a notice had been received from the Tax Assessor's Office indicating property values in Atlantic Beach had increased 11.3%. • Reported that the city would take over maintenance of the flyover landscaping on July 3'~. The City Manager indicated that the City of Neptune Beach wished to contract with the city to provide landscape maintenance for their side of the flyover, and he was working out an agreement with them. Commissioner Beaver reported that there were weeds in the landscaping and felt the city should not be responsible for removing them. City Manager Hanson indicated that there were also imgation problems and he would be speaking to the JTA concerning this matter. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters • Referenced minutes from a recent Tree Boazd meeting and stated that he was unhappy that the applicant was allowed to remove trees on cityright-of--way. City Manager Hanson explained there was a 100% mitigation requirement for this type of request. • Commented concerning sending the accident information relative to Mayport Road to the FDOT and Chief Thompson responded that they already had the information. • Requested that he be informed of proposed changes to the Sign Ordinance in advance of having to act on same. Commissioner Parsons • Reported that a sea turtle would be used as the working logo for the Core City Project. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -13- June 10, 2002 There being no further discussion or business to come before the City Commission, the Mayor declazed the meeting adjourned at 10:10 p.m. Attest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M O T I O N S E C O N D Y E S N Q