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07-24-06MINUTES REGULAR CITY COMMISSION MEETING July 24, 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 7:18 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Waters. Mayor Wolfson acknowledged former Mayor Suzanne Shaughnessy and City Council Member Art Graham in the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on July 10, 2006 Mayor Wolfson noted a typographical error on page 2, in the fourth paragraph, on the third line and suggested replacing the word "slip" with "slippery". Commissioner Simmons suggested additions to the minutes regarding Item 8A, Use- by -Exception for Freebird Cafe as follows: 1) note that a map of the property showing a new strip mall in front of Bailey's was distributed by the Bailey brothers, 2) add language indicating expressed support and/or opposition from the Commissioners, and 3) add language explaining that the new information provided to the Commission prompted additional parking concerns and was instrumental in the Commission deciding to defer action on the request that evening. Mayor Wolfson explained that staff could listen to the tape and elaborate on the topic as suggested. Commissioner Simmons agreed to let staff make the changes to the minutes without bringing it back to the Commission for approval again. Motion: To aanrove the minutes of the Regular Commission Meeting on July 24. 2006 as amended. Moved by Commissioner Simmons, seconded by Commissioner Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED July 24.2006 REGULAR COMMISSION MEETING p$ge 2 Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Proclamation for Florida Water, Wastewater and Systems Operator Week Mayor Wolfson presented a Proclamation to City employee Mike Fields in recognition of Florida Water, Wastewater and Systems Operator Week, which will be observed August 2 through August 1 1, 2006. Mayor Wolfson read the Proclamation in its entirety. Mayor Wolfson thanked Mr. Fields and Public Utilities Director Donna Kaluzniak. The Mayor opened the floor to Courtesy of the Floor to Visitors. Alan W. Potter, 374 2°d Street, addressed Item 8 (B & C). Mr. Potter expressed concerns regarding plans for the Hopkins Creek Retention Facility and urged the Commission to not support the plans to acquire the land and vote it down once and for all. Pat Pillmore, 905 Camelia Street, addressed Section H (Marsh Oaks) concerns and expressed hope that all of Atlantic Beach, not just select areas, will benefit from long range City planning. Mrs. Pillmore stated her intent to reside in Atlantic Beach forever. Unfinished Business 3. UnSnished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson reported that the recently installed postal box at Mandalay Park is now available for public use. Mayor Wolfson expressed he has noticed high utilization already. Commissioner Borno expressed concern with the "Wrong Way" sign. He explained it to be confusing at its current location and suggested that the sign be relocated closer to the tree side. Jim Hanson agreed to look into it. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and Utility Sales Report for Jnne 2006 (City Manager) B. Award the annual contract for Electrical Troubleshooting, Repair and Installation to Brooks Limbaugh Electric Co., Inc. at the rates listed in Bid No. 0506-15 (City Manager) C. Extend the contract with Surface Management for street sweeping for one year to expire on July 31, 2007 at the current cost, which is $20,736.00. D. Extend the contract with Cintas for Uniform Rental and Cleaning for City Employees for one year to expire on July 31, 2007 at the current cost, which is estimated at $9,500 (City Manager) E. Eactend the contract with Bluewater Environmental of Florida, Inc for Mosquito Control for one year on August 31, 2007 at the current cost, which is estimated at $11,000 (City Manager) Motion: To annrove Consent Agenda as aresented. July. 24.2006 REGULAR COMMISSION MEETING Page 3 Moved by Bomo, 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 LIlVIIT 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. Motion: To aourove Ordinance No. 90-06-194 on the first readine. Moved by Bomo, seconded by Waters Commissioner Borno expressed his objection to the phrase on Page 1, bottom paragraph (speaking to the specifics on the Sea Turtle Inn). He believed it to be micromanaging and unnecessary since any owner of the property would have to come before the Commission with changes or expansion plans anyway. City Manager Hanson called attention to a photograph of the Sea Turtle property and explained that it was the azea of flexibility. Mayor Wolfson advised that he was uncomfortable with enlazging the hotel in the future, but was pleased to move a referendum forwazd for the citizens to vote on. Votes: Aye: 5 - Bomo, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordmance No. 20-06-79, Final Reading and Public Hearing 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 and opened the floor to a public hearing. There being no comments, the Mayor closed the public hearing and brought July 24.2006 REGULAR COMMISSION MEETING Page 4 the item before the Commission for discussion. There was no discussion by the Commission. Motion: To anarove Ordinance No. 20-06-79 on final 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. Direction from City Commission regarding revision to Commercial General regalations (City Manager) Community Development Director Sonya Doerr reviewed the information in her staff report and pointed out that the "Big Box" retail language is addressed in the Commercial Limited District but not in the Commercial General District. She suggested that, if the Commission believes that "Big Box" retail restriction is appropriate for Commercial locations, the Commercial General District should also include the language. Commissioner Simmons asked for clarification of the term "Big Box". Mayor Wolfson questioned the term as well and suggested for Ms. Doerr to seek another definition. City Attorney Jensen believed it to be a term of art used in Community Development regulations but is not aware of any statutory definition or case law. Mr. Jensen agreed to look into it further. Commissioner Fletcher thanked Ms. Doerr, Mr. Hanson and staff for their work and added that he also believed cleazly defining the term "Big Box" is important. Ms. Doerr agreed to reseazch. The consensus was to move it forward to the Community Development Board for further study and bring it back to the Commission. B. Authorize the City Manager to execute the Option to Buy with Sunrise Community Church for purchase of the land required for the Hopkins Creek Regional Retention Facility (City Manager) Public Works Director Rick Carper referenced his handout and provided the background for the intent to purchase land. Rick reviewed conditions set forth in the proposal and explained the purpose is to allow a storm bui~er to prevent future flooding. He explained that if the Commission agreed to purchase the land, one condition that could cause the city not to execute the sale would be if the environmental site assessment indicated that the land is not suitable for the intended purpose of a retention pond. Otherwise, after thirty days of public notice, the city could execute the sale with the Sunrise Community Church. Mr. Carper provided an aerial photograph of the land and explained the placement of the ponds. Commissioner Borno questioned the amount of acreage the church will retain and if that was all they needed. Mr. Carper answered approximately seven acres and that was taken into account in the 30% design. Juty 24.2006 REGULAR COMMISSION MEETING Pace 5 Commissioner Waters inquired about the convoluted relationship with the east pond being proposed instead of owning it outright. Mr. Cazper explained that the east pond was not an original feature but was added later. Jim Hanson commented on an objection heazd eazlier in the meeting from a citizen. He explained that it would be unlikely for the city to get a permit to send drainage to Neptune Beach but, if allowed, would most likely get sued for flooding houses. City Manager Hanson advised the Commission of other options and explained the cost and concerns of each. Commissioner Fletcher supported the proposal. Commissioner Simmons also expressed support, suggesting the design will solve the flooding problem and help with the treatment of storm water. Discussion ensued regazding flooded areas in recent years. Mayor Wolfson asked for clarification of the cost involved. Mr. Carper explained that the proposed budget would include the estimated cost and that the cost for construction of the pond will be higher than what was previously calculated years ago. Motion: To sign the option agreement for purchase and sale and to authorize the city to forward to Sanrise Community Church a check for $5.000 to option the property for thirty days. Moved by Simmons, seconded by Borno Rick Carper pointed out that it is necessary to advertise for thirty days and then come back for authorization to complete the purchase. Amended Motion: To approve the option and authorize the option to be executed and pay the $5,000 option fee for the option of purchase of the property owned by Sunrise Community Church. Moved by Simmons, seconded by Borno City Attorney Jensen clarified that the Commission should not authorize the execution of the agreement that is in the agenda packet and that thirty days public notice must be satisfied before a public hearing is held to approve it. He explained that the Commission should be authorizing the expenditure of $5,000. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED C. Authorize the City Manager to execute the agreement with CDM for final design of the Hopkins Creek Regional Retention Facility, for construction engineering services and for grant application assistance during the design and construction phases (City Manager) Motion: Authorize the Citv Manager to execute the agreement with CDM for final design of the Hopkins Creek Regional Retention Facility. July 24, 2006 REGULAR COMMISSION MEETING Paee 6 Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: o- MOTION CARRIED 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 A. His report discussed Website Usage. He explained that website usage is up and that the city's website has been upgraded to offer more features than before. He also reported on the various meetings that have been scheduled as follows: Shade Meeting on Tuesday, August 1St; first Budget Workshop on Monday, August 14th, but may be rescheduled to allow for another Community Character Workshop; second Budget Workshop on Wednesday, August 16th ; final Budget Workshop on Wednesday, August 30th; Neighborhood Chats in the beginning of August; and the Board Member Reception later in August. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for reappointment to the Cultural Arts and Recreation Advisory Committee (Mayor) Mayor Wolfson explained that the Cultural Arts and Recreation Advisory Committee has a vacancy and that the Board Member Review Committee recommended to reappoint Ingrid McCawley to serve another term. The Mayor expressed his support for the recommendation to reappoint. Motion: To reanuoint Ingrid McCawley to serve another term on the Cultural Arts and Recreation Advisory Committee Moved by Waters, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED Mayor Wolfson reported the other recommendations from the Board Member Review Committee meeting of July 13, 2006 from the Committee minutes. July 24, 2006 REGULAR COMMISSION MEETING page ~ Commissioner Borno - Encouraged the Commission to review the Budget Package prior to the workshops in order to identify questions and have an opportunity to get answers ahead of time. Mayor Wolfson agreed and encouraged the others as well. Commissioner Waters - Referenced a letter he received from Stephen Kuti which requested that the Commission consider a resolution to oppose plans for a Wahnart based on potential traffic issues and encouraged the Commission to provide opportunities to discuss the adverse consequences. He inquired about the status of a traffic study for that azea. Commissioner Waters strongly believed that the Commission should take formal action soon to express opposition to a Walmart based on the traffic impact since many citizens have expressed their concerns with it. - Asked what the relationship between the percentages and the FAR is and whether they both go together or not. Commissioner Simmon explained that they both play a role when looking at the recommendation from the Community Development Board. She explained that the Commission has to discuss and make a final decision. She urged Commissioner Waters to discuss with the City Manager and the Community Development Director, Sonya Doerr before the next Community Chazacter Workshop to get an understanding of how they work. Commissioner Waters complimented Staff and Commissioner Simmons for providing helpful handouts to reference. Commissioner Waters believed he may have been misunderstood and may be in favor of a FAR if only one was being considered. The Mayor explained that all aspects of the proposed standazds aze open for debate at the next Workshop. - For clarification, Mayor Wolfson explained the discussions that took place during Commissioner Waters' absence in regards to the Walmart issue and advised him that traffic studies are under review and discussions continue. Also, advised that the City Attorney had cautioned the Commission not to take formal action yet but to posture for possible lawsuits. Commissioner Waters asked the City Attorney what the chances of losing a lawsuit are if a resolution was passed. The City Attorney indicated that it would depend on the wording in the resolution and advised the Commission to wait until the traffic study is received and evaluated in order to have the facts. Mayor Wolfson - Advised that he attended a meeting of the Metropolitan Planning Organization and believes that there aze transportation problems as well as traffic problems. He expressed the concerns with employees traveling to work and that the idea is to have the three beach communities along with St. Johns County come up with a Comprehensive Plan to approach the idea. He believed the meeting was time well spent and that the Organization is very concerned about the employment situation. July 24.2006 REGULAR COMMISSION MEETING Page 8 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:24 pm. ~~ Donald M. Wolfson, Mayor/Presi g Officer ATTEST• 4~'L'f'~ Donna L. Bussey City Clerk ATTACHMENT A JULY 24, 2006 COMMISSION MTG. July 17, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanson C' SUBJECT: City Manag 's Report Website Usage; The city's website has been receiving. a surprising amount of usage in recent months. During June, 32,859 people visited the city's website. There were a total of 13,101 different users and, on average, each user logged onto the site an average of 2.5 times. The average amount of time spent on the city's site was 10 minutes 31 seconds. Visitors included several from other countries including China, Korea, Canada and Australia, and those international visitors totaled 2.32% of the total usage. The top pages in our website that were utilized included the index/site map, the bids page, job openings, police page, the directory and current events. The most downloaded files included zoning and subdivision land regulations, the city's annual budget, employment applications and purchasing information for bids. The city's website has been upgraded several times in recent yeazs and offers many more features than were available just a couple of yeazs ago.