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12-11-06MINUTES REGULAR CITY COMMISSION MEETING December 11, 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 Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Waters. Mayor Wolfson mentioned that Commissioner Waters is starting his new term as President of Northeast League of Cities and congratulated him on his appointment. Mayor Wolfson welcomed the audience and former Mayor John Meserve and explained the process for public comments. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 27, 2006. Mayor Wolfson explained he had pointed out a couple of minor typographical errors to City Clerk Donna Bussey, but none were content changes. Motion: Approve the minutes of the Regular Commission Meeting on November 27, 2006 with minor typographical changes. Moved by Fletcher, seconded by Borno. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. The Mayor opened the floor to visitors and explained the process for public comments. John Goodling, 149 10th Street, presented a video on 10th St beach access showing the improvements from what it looked like three years ago to what it looks like now and said the project is now completed through a great deal of effort by the community. He also stated that this project could not have been done without the help of Timmy Johnson and Alex Hawkins. He mentioned they are still selling pavers, which helped fund this effort. Mayor Wolfson expressed his appreciation to Mr. Goodling and all the hard work he and the community have done. December 11, 2006 REGULAR COMMISSION MEETING Paee 2 Sally Clemens, 1638 Park Terrace West, stated that the Tree Ordinance seems to be forthright but said this type of governing should never impact the private rights of our citizens. Secondly, she thanked the City for the formulation of the resolution to support appropriate land use changes and PUD restrictions consistent with our comprehensive plan zoning. In addition, she believes public access to federal waterways should be addressed because our citizens are losing entry avenues for recreational vehicles. She also asked if Atlantic Beach can influence the type of crosswalks used on Mayport Rd. She suggested Don Burton, Director of Walkable Communities, which was established in Florida in 1996, might give Atlantic Beach some insight on how to improve the crossing on Mayport Road. Alan Dickinson, 625 Summer Place, representing Tree Steak House, asked for support of Freebird's Use-by-Exception case. Stephen Kuti,1132 Linkside, spoke in opposition of Freebird Live coming into Atlantic Beach based on traffic concerns and parking. Steve Fouraker, 387 6th Street, as a representative of the Beaches Leader, gave an update regarding news racks in Atlantic Beach. Along with representatives from the publications such as the Times Union, USA Today, and Folio, he believes they can deal with any news rack problem as a group and will come up with a cooperation arrangement the first of next year that will allow them to build modular racks or something to that effect that has a more pleasant look to it. He said they will work with City Manager Hanson on this. Mayor Wolfson asked if he was getting a cooperative spirit from the City and Mr. Fouraker agreed that he was. Michael Hoffmann, 176 Camelia Street, expressed his concern regarding the flyover project. He believes the flyover makes Mayport Rd and his neighborhood less safe. He stated that in 2002, when his neighborhood association was functioning, three things were requested to improve the neighborhood and deal with the negative effects of the flyover. First, they wanted Begonia Street closed off to the view (presently only half is closed off). Secondly, they asked to have the City lots along West 1St Street incorporated into Tideview Preserve. Finally, they requested that some effort be made to improve the sound barrier at the area along Atlantic Blvd. He asked the City Manager to write a letter to the urban forester with the City of Jacksonville to see what could be done to make that a better buffer against noise. Mayor Wolfson pointed out that another concern Mr. Hoffmann spoke of at the last commission meeting was his request regarding the sidewalks, which was addressed and is moving toward resolution within two weeks. Mayor Wolfson stated that he was also opposed to the design of the flyover but that was what was passed and what we have now. Mayor Wolfson asked Mr. Hoffmann who he is representing, since there is no longer a neighborhood association. Mr. Hoffmann stated that the requests he has made were from his old neighborhood association, which collapsed due to the negative responses they received from City Hall. Mayor Wolfson agreed to discuss Mr. Hoffmann's other concerns with him personally. Valerie Britt, 378 Tilefish Court, spoke concerning the Intracoastal Waterway and the proposed land use amendment. She wanted to caution, as things go forward, that a lot of that area is currently an agricultural marsh. She also pointed out that before December 11, 2006 REGULAR COMMISSION MEETING Paee 3 annexation, the part that is now in Atlantic Beach as conservation lands was also agricultural and wants to clarify that a large acreage of this area is undeveloped salt marshes. She believes it is important to the Intracoastal Waterway area that those salt marshes stay where they are and not be filled and mitigated somewhere else. She suggested not to change agriculture marshes, which were supposed to be conserved, to a higher density category. She cautioned that it is in the interest of both sides of the Intracoastal Waterway to make sure the salt marshes are protected. She pointed out that everyone should be working to assure there is appropriate public access without building roads and bridges out to the salt marsh. Mr. Jensen informed the Commissioners that he faxed three City of Jacksonville council members today questioning whether the transmittal alone, of the land use change should be deferred until they receive further information. The transmittal is based on a very old hurricane evacuation study and is in a CHAA land use category and density is being increased on what is our only real exit out of the beach. Pat Pillmore, 995 Camelia Street, asked if there will be a public discussion on redistricting tonight and was told by Mayor Wolfson the first meeting will be held this coming Wednesday at 7:00 pm. Expressed that Atlantic Beach is a very small town and when decisions are made for any part of the town it should be applicable to the entire community. She expressed changes are not needed since the system seems to be working. Secondly, as a member of the mass transit citizens planning committee, she is recommending to Mrs. Brown and the council that the AlA ferry slips be considered as future planning for mass transit. Mayor Wolfson replied that the redistricting issue is the commencement of a study, there is no position. It is a group that is looking for answers to see if there is an interest to take this issue before the citizens. Mayor Wolfson closed the public hearing. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson reported on the Moody Marine site, in a memo dated November 29, 2006, which included the comp plan amendment that the City of Jacksonville sent to the State for review. Most of the issues expressed by the Commissioners concerned possible impacts of hurricane evacuation, and height of anything to be built. Height will not be described by the developer until they submit the PUD application, which is expected in February 2007. On the issue of hurricane evacuation numbers, Jacksonville staff has asked the developer to put together a new study and we expect to get that when available. He suggested that the Commission wait until both those items are in to consider whether we want to have any input with the City of Jacksonville on that item. Commissioner Waters expressed his concern regarding the impact on the wetlands. He asked to be notified ahead of time if impacts are expected. He agreed Ms. Britt has a point about changing it from agricultural to some kind of zoning that allows construction. He expressed desire to act now rather than later. December 11, 2006 REGULAR COMMISSION MEETING Page 4 Mr. Hanson stated that the developer has not specified what they are going to do there. He explained this is a general comp plan amendment for a whole area and the details will be provided in the PUD application later. He further explained they have not received enough details to see if it is something appropriate or not, but it will be coming and there will be time to submit comments to the City of Jacksonville. Community Development Director Sonya Doerr explained that it is the comp plan amendment that is in the initial process now and if Jacksonville votes to transmit that to the state tomorrow, we have review rights by statute, so a copy of the transmittal package has been requested for that application. She stated there are 120 days to review and get comments to the Department of Community Affairs and those comments will become part of the report that will come back with issues to be addressed. Commissioner Waters questioned when will the zoning of the agricultural land change. Ms. Doerr responded it has to be filed within transmittals, which will be done by the Jacksonville City Council tomorrow and the PUD zoning application has to be filed within 60 days. Mayor Wolfson explained there is a process the City of Jacksonville goes through and we will be duly notified when plans are submitted. He mentioned that the drawings we have seen are very preliminary and stated this is really early in the process. Commissioner Fletcher asked if the comprehensive plan amendment will suggest a land use change transmitted to DCA and asked what the process is to comment on that. Mayor Wolfson stated it should start as an agenda item and then, if needed, can be moved to a workshop. Mr. Hanson presented on the overhead, the final concept for the median landscaping for Mayport Road. Public Works Director Rick Carper explained the crepe myrtles were repositioned in the median because the palm trees would allow increased room for the use of the median as a maintenance pad or as a walkover pad. The 5-8 foot crown of the crepe myrtles would be impacted by whatever was using the maintenance pad, so palm trees were chosen to be moved into the concrete pad and put the crepe myrtles on either side, spaced on 80 ft. centers alternating with palm trees. He further explained the landscaped islands will have Medjool palms on the north and south ends and where spacing calls for palm trees in the middle there will be Sabal palms. Mayor Wolfson asked if there will be a watering system in each island. Mr. Carper responded there will be irrigation for the entire island and the intent now is for lighting to be only on the Medjool palms on either end. Mr. Hanson stated that 100% plans were submitted on Friday and will go through the final approval process and then through Jacksonville's approval and bidding. He expects construction to start in 2007. December 11, 2006 REGULAR COMMISSION MEETING Page 5 Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDRED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WII.L BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WlI.L BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Public Safety Report for October 2006, Public Works and Utility Department Reports for November 2006, and New Occupational Licenses issued in November 2006. B. Extend the contract for one year with Custom Tree Services for Hurricane Debris Removal at the current prices. C. Award Bid for the FY 2007 Resurfacing Project (Bid No. 0607-02) to APAC-Southeast. D. Authorize the Mayor to sign the 2006/2007 JAG grant application and related paperwork, and for the Mayor to sign subsequent paperwork associated with this grant to fund an emergency notification system. Mayor Wolfson asked if there were any items anyone wanted to pull from the Consent Agenda. Commissioner Waters distributed photos of news rack samples to the Commission and Steve Fouraker. He explained this is what Winter Park does and it is a very attractive, professional arrangement. Commissioner Waters noted Mr. Hanson had pointed out that with a more gable roof people could not put things on top of it. Mayor Wolfson said he wanted to pu114A and Commissioner Fletcher asked to pull 4B. Mayor Wolfson then read the Consent Agenda for items 4C and 4D. Motion: Approve Consent Agenda Items 4C and 4D as read. Moved by Borno, seconded by Simmons. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson read Consent Agenda 4A and explained that he asked to pull this because he wanted Chief Thompson to explain why there was approximately a 23.7% increase over 2005 of reported crimes in our community. Chief Thompson explained that 2005 was unusually low but if you take the numbers from this year and compare to the previous two or three years you find that this year is fairly consistent. He stated that most of the increase this year shows up as larcenies and explained the definition of a larceny, which includes car burglaries. He explained there have been a number of car burglaries over the last several months but also a number of December 11, 2006 REGULAR COMMISSION MEETING Paee 6 individuals have been caught breaking into cars during this time, which runs the crime stats and larceny numbers way up. He stated that burglary was exceptionally low last year, but this year it is back to more normal levels. He explained as more criminals are arrested and put in jail, these stats get lower and return to better levels. Mayor Wolfson asked for explanation on the next item pulled, 4B. Commissioner Fletcher asked Mr. Carper what the contractual extent of the services from Custom Tree Services are if we were hit by a bad hurricane. Mr. Carper explained that this company would give us every piece of equipment they have, as the City is this company's only hurricane debris contract. Commissioner Fletcher then asked what their response time would be to get trees off of roads. Mr. Carper replied when we return to the evacuation site, he will be with us. He also explained although we have not used this company before, they have worked with the City of Jacksonville and received very good references from them. Mayor Wolfson then read the Consent Agenda for items 4A and 4B. Motion: Approve Consent Agenda Items 4A and 4B as read. Moved by Simmons, seconded by Borno. 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 A. Resolution 06-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO SIGN DOCUMENTS GRANTING PERPETUAL EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING TRAFFIC SIGNALS ALONG MAYPORT ROAD, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read Resolution 06-17 by title only. Motion: Approve Resolution 06-17 as read. Moved by Waters, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED December 11 2006 REGULAR COMMISSION MEETING Page 7 B. Resolution 06-18 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS VARIABLE RATE DEMAND HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2006, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RET1REMENT FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2006 BONDS, FOR THE PURPOSES OF (A) FINANCING ALL OR ANY PART OF THE COST OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN CAPITAL IMPROVEMENTS TO THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION AND (B) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2006 BONDS; PROVIDING FOR CREDIT ENHANCEMENT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2006 BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2006 BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING AN OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2006 BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2006 BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Wolfson read Resolution 06-18 by title only. Motion: Approve Resolution 06-18 as read. Moved by Waters, seconded by Borno. Mayor Wolfson explained to the public that this is a procedure that does not bind the City in any way, enabling a municipality where a healthcare facility is located to receive the most competitive financing available to that particular facility. It is a normal procedure, done regularly by the City of Jacksonville, whenever healthcare facilities are seeking to expand their facilities. Mr. Hanson expressed that this has been reviewed by the City Attorney, Alan Jensen, Finance Director Nelson VanLiere, and Attorney John McWilliams, who deals with the re-issuance of bonds on our side, and it is believed that these documents protect the City very well and there is no reason the City Commission cannot give its consideration to the issuance of the bonds and the financing of the project. December 11, 2006 __ REGULAR COMMISSION MEETING Pace 8 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Public hearing and final reading of Ordinance No. 90-06-197 to adopt amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large scale retail development AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01- 172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL GENERAL DISTRICTS, TO ESTABLISH SIZE LIMITS FOR RETAIL ESTABLISHMENTS AND TO MAKE OTHER GENERAL REVISIONS INCLUDING THE ELIMINATION OF HEAVY AUTOMOTIVE REPAIR AS AUSE-BY-EXCEPTION, IN THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Ms. Doerr explained the minor changes that have been made since the last draft. Mayor Wolfson opened the floor to the public. No one in the audience spoke and Mayor Wolfson closed the public hearing. Motion: Approve Ordinance No. 90-06-197 as read. Moved by Borno, seconded by Waters. Commissioner Waters asked Ms. Doerr, with the change, if you have already exceeded 70%, can you continue to exceed 70%. Ms. Doerr stated you just can't add anymore if you redevelop the site. Commissioner Borno congratulated Ms. Doerr for the three areas of increasing verbiage on the large-scale retail establishment areas, Mr. Carper for catching the impervious surface and Ms. Bussey for catching the Occupational License change. Commissioner Fletcher asked Mr. Jensen if these amendments will protect the City from Big Box developments. Mr. Jensen explained that they would have to fit within the size requirements established. Mayor Wolfson explained that Neptune Beach tried to limit the size after the fact, but this is addressing it before and if someone wanted a waiver they could not go above the maximum unless they come before the City December 11 2006 REGULAR COMMISSION MEETING Paee 9 Commission. Commissioner Borno further clarified that this does limit size and it is an ordinance but anyone can apply to the Commission for an exception. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Ordinance No. 90-07-198, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-O1-172 INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO ADD NEW ARTICLE V, ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS, DIVISION I, WELLHEAD PROTECTION, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Motion: Approve Ordinance No. 90-07-198 on First Reading as read. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED C. Ordinance No. 95-06-92, Introduction and First Reading AN ORDINANCE OF HE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 DEFINITIONS AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE. Commissioner Waters asked to change Section 1(a)(5), second line to read number of trees, not amount of trees and Section 1(d)(1), change conversation to conservation. Also regarding relocation of a protected tree, with the exception of palm trees, Commissioner Waters questioned whether other trees can be relocated with any success and should this practice be discouraged. Mr. Carper explained that, by Code, if a person is using a tree on site that is 3" or greater, as mitigation, that tree becomes a protected tree and he is allowed to move that tree to a site more suitable on his lot, which he believes is the intent of that paragraph. Motion: Defer until Staff Report is complete Moved by Fletcher, seconded by Wolfson. December 11 2006 REGULAR COMMISSION MEETING PaEe 10 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request from Judy Jenness for aUse-by-Exception (Public Hearing) for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) for the Freebird Live (Continued from the July 10th meeting of the City Commission.) Mayor Wolfson asked for staff to report. Ms. Doerr explained there were several concerns previously expressed and stated that Mr. Hionides was to address some of the issues that are summarized in the Staff Report. Mayor Wolfson explained he would address the concerns after the Public Hearing. Mayor Wolfson opened the floor to the public and explained the procedures. Mr. Randy Judy, 76 West 10th Street, expressed strong support for approval of Freebird Live. Mr. Steve Fouraker, 387 6th Street stated he believes Freebird Live would be a great fit for Atlantic Beach. R.D. DeCarle, 51 Beach Avenue, expressed his support and recommended approval of the application. Betsy McCall, 31 5th Street, expressed her support of Freebird Live and said she would love to see it come to Atlantic Beach. Pablo Cannone, 725-12 Atlantic Blvd., as one of the owners of Po Boys Creole Cafe and a neighbor to Atlantic Theatre, expressed concern about Freebird Live's parking issue but is willing to share his parking lot since it is never full. He believes it would definitely keep his business running and gave total support for Freebird. No one else from the audience spoke and Mayor Wolfson closed the public hearing. Mayor Wolfson asked Ms. Doerr to review the recommendations from the Community Development Board. Ms. Doerr stated the CDB heard the request at the June meeting and the issues of parking and security were addressed by Chief Thompson. She reported that all issues were addressed by the CDB and there was a unanimous recommendation for approval. December 11, 2006 _ REGULAR COMMISSION MEETING Paee 11 Motion• Approve Use-bv-Exception for Atlantic Theatre site located at 751 Atlantic Blvd to allow on-premise consumption of alcoholic beverages and live entertainment to include live music, indoor only, for the Freebird Live, subject to the five conditions in the Staff Report stated herein and other conditions as may be requested by the Commission. Moved by Borno, seconded by Simmons Commissioner Borno believed a lot of work has gone into this and applauds Mr. Dickinson for his tenacity in putting together his package and showing support for this. Also noted that up to the maximum capacity are great exceptions, probably two to three time a year, and thinks those kinds of events can be handled with no difficulty, particularly with the recommendations put forward in our Staff Report. Commissioner Waters asked Mr. Dickinson how many bicycle racks are there. Mr. Dickinson stated he would add as many bike racks as are needed. Commissioner Fletcher stated he has mixed feelings. On the positive side he likes that it has a lot of citizen support as well as the support of surrounding businesses and it is a local business. On the negative side, he has spoken with some elected officials of City of Jacksonville Beach and wonders about the fit, particularly with the retirees, crime and noise issues, and underage drinking. Commissioner Fletcher asked Chief Thompson if he had heard from the Chief of Police in Jacksonville Beach regarding Freebird. Chief David Thompson said from his discussions with the police officers in Jacksonville Beach, they did not consider there to be a problem with the management or the operation of Freebird. Commissioner Fletcher questioned Ms. Jenness about her data regarding the performances over the last three months. She presented a copy with information regarding who performed, number of tickets sold and times the music started to Ms. Doerr. She stated there were two or three shows in the three-month period that reached their current capacity of 700. Commissioner Fletcher asked Mr. Jensen to clarify whether the use-by-exception will go with this owner, the owner of the site, Mr. Hionides, or in perpetuity. Mr. Jensen replied that the exception goes with the business owner. Commissioner Simmons expressed concern about shared parking, sound, and security issues. She especially wants the sound issue added to the conditions regarding the buses for the bands in the rear alley. Mr. Chris Hionides, 47 Lemon Street, stated he had a discussion with Bailey's owner regarding the parking issue and believes they alleviated Bailey's concerns. Mayor Wolfson agreed that Bailey's must be satisfied or they would have come to the meeting tonight in opposition of the use-by-exception. Discussion followed regarding parking, lighting and noise issues and it was agreed that the approval of this use-by-exception will be subject to these conditions being met. December 11 2006 REGULAR COMMISSION MEETING Pase 12 Motion: Approve the use-bv-exception. Motion by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Motion• To amend the use-bv-exception to include lighting that will not be invasive into the residential neighborhood, but with adequate lighting to protect the business and performers; the traffic will be southbound leaving the parking facility and under no circumstances will buses be allowed to go northbound into the residential community; and having power available so generators will not be used. Motion by Wolfson, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Mayor Wolfson called for athree-minute adjournment at 9:23 p.m. The meeting reconvened at 9:27 with a quorum of Mayor Wolfson, Commissioners Waters, Simmons, and Borno. Commissioner Fletcher was not present. B. New Sidewalk Construction for FY 2007. Mr. Carper presented his recommendation for repairing the cross slope issue in the sidewalks at Rose and Orchid Streets. Mr. Carper intends to combine two sidewalk project bids with the one for Selva Marina bike path and bid all three projects as one bid to get a better price. Mr. Hanson added that sidewalks are built to meet the slope of the driveway or land that it sits on and if you don't do that you may create some other problems. Commissioner Fletcher returned to the meeting at 9:31 pm. Commissioner Borno agreed with Mr. Hanson about different slopes being necessary due to topography and asked Mr. Carper how many are due to topography and driveways and are we going run into problems if it is changed back. Mr. Carper explained some of the segments on Rose Street will include driveway reconstruction. Commissioner Simmons expressed her concern about the driveway cuts on Rose Street and believes the City needs to contact the people affected before anything is done. Mr. Carper stated that the sidewalks will be better than they are today and the driveways will be worse than they are today after the slope corrections to the sidewalks. Mr. Carper agreed that we need to contact each individual resident affected. Commissioner Borno stated he believes the residents should all be in agreement or we don't touch it. Mayor Wolfson agreed that this correction could December 11 2006 REGULAR COMMISSION MEETING Paae 13 create a greater problem than we are solving. Commissioner Fletcher stated the citizens may not understand what a correction of the slope may do. Motion• Defer until staff does further research on communicating with citizens who are directly affected by this change Moved by Borno, Seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Commissioner Waters believed that it is crucial that the citizens understand what the option is. Mr. Hanson suggested that in the notice we could provide them the phone number of our City Inspector or Mr. Carper, Public Works Director, and offer to meet them on site and tell them specifically what this means to their driveway. C. Recommendation for New City Sanitation Contract. Mr. Hanson reported that our contract is over in May 2007 and in order to give any new contractor time to get new vehicles, which will be required, we need to make a decision in the next month or so to have adequate time to put their orders in place. He indicated that although we still have a lot of work to do on rates and options, we would like to have the authorization to negotiate with the lowest priced vendor, Steve Wright. Commissioner Fletcher asked Mr. Carper if Waste Services has the amount of equipment and manpower to adequately provide a high level of quality service. Also, Waste Pro says they offer more equipment and manpower to provide the services and the second lowest proposer for afive-year contract converting to a system of toters and asked what is the percentage difference. Mr. Carper stated that the difference was $221,000/year just for residential collection. Commissioner Simmons pointed out that we hired a consultant with a lot of expertise. We could redo all of it without his expertise or we could take what he said. She believes since we paid good money to hire a consultant, now is the time to authorize some negotiations. Mayor Wolfson stated the number of pick-ups is not a done deal, it is just to authorize negotiations with a recommended hauler. Commissioner Borno believed the consultant's report was put together poorly, which caused confusion. Motion• Authorize staff to commence negotiations with the recommended hauler, WSI, with the goal of reaching agreements on rates, services and schedules for automated collection of residential waste. Moved by Borno, seconded by Simmons December 11 2006 REGULAR COMMISSION MEETING Page 14 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED D. Speed Bump Follow up. Chief Thompson mentioned that in the City Code it states the City Commission shall not take any action on the installation of traffic calming devices such as speed bumps until the Police Department has conducted proper research and declared the area a traffic safety hazard area. He stated that the reason this was established by the City Commission in 2003 was to stop petitions for speed bumps. He reported the Police Department has conducted research and found no valid data for speed bumps on Linkside Drive. He explained this does not require any action on the part of the Commission, unless they wish to put in speed bumps. He reiterated that the Police Department does not recommend that any speed bumps be installed. Mayor Wolfson questioned the study showing 38 vehicles per hour on a 24-hour average. He asked Chief Thompson what it is from 7:00 a.m. to 7:00 p.m. Chief Thompson stated the computer printout shows that 7:00 a.m. to 9:00 a.m. is high traffic and also 4:00 p.m. to 6:00 p.m. and he will forward a copy to the Mayor. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the City is donating bicycles to the needy. They will be distributed at the Donner Community Center. Mr. Hanson also reported that the beach lighting survey that Jacksonville completed noted that Atlantic Beach is doing well keeping a dark beach so the turtles can nest. It listed a number of lights that are visible from the streets and they are working with both the Sea Turtle Hotel and JEA to try to get those improved and have received good responses from each. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Waters - Said the Beaches are not active enough in the Florida League of Cities so other people are making the decisions for us. He would like to see the Beaches carrying their weight more at the Florida League of Cities. - Commented the Sea Turtle parking lot needs to be replanted with trees and have them watered. December 11 2006 REGULAR COMMISSION MEETING Page 15 - Mentioned something needs to be done in Town Center on the Neptune Beach side regarding the frequency of drivers hitting the barriers. He believes safety, in general, is the problem there and questioned what can be done. Chief Thompson stated Neptune Beach is going to get a traffic engineer to come look at the area and offer specific solutions. Mr. Carper reported a guardrail may be a possible solution. - Suggested Christmas lighting could be alternated to something lighter such as skeletal form reindeers and mentioned there are large areas on Mayport near Plaza that don't have any Christmas lighting. - Advised that invitations will be sent out soon for the Florida League of Cities' Oyster Roast, hosted by St. Augustine. Commissioner Fletcher - Thanked Timmy and his staff for their efforts at the Tree Lighting ceremony and Marsh Fest. - Expressed concern about JEA losing their office in Atlantic Beach and wanted to see if there is anything the City can do about it. Mr. Hanson stated he has offered to sit down with JEA and discuss the possibility of Atlantic Beach being able to collect bills for them here at City Hall. He reported they have not shown any interest so far. After discussion among the Commissioners, it was suggested that the City contact JEA by official letter to see if they have any interest in having our help in collecting their payments. Commissioner Simmons - Agreed with Commissioner Waters about the Sea Turtle parking lot needing new plantings and watering for the new trees. - Believed the holiday decorations should be kept secular. Commissioner Borno - Expressed that this is not a holiday, it is the Christmas season, and he believes we all should acknowledge that. - Congratulated Commissioner Waters on his election to President of the Northeast Florida League of Cities. - Congratulated Ms. Bussey on receiving her CMC from the International Institute of Municipal Clerks. - Announced that if anyone is interested in signing up to go to Washington, DC to speak to the legislators as part of the Federal Action Strike Team, they need to respond to the League by January 12, 2007. December 11 2006 REGULAR COMMISSION MEETING Pase 16 Mayor Wolfson - Commended the City on the tree lighting ceremony. - Reminded the Commissioners that the City employee party is on December 15 and urged their attendance and support. - Congratulated Commissioner Simmons on her 60th birthday. - Appointed Commissioner Borno to tour Mt. Dora Police Department for a site visit. Commissioner Simmons volunteered to accompany Commissioner Borno. - Wished everyone a very Happy Holiday season. Said it has been a great year and looks forward to a wonderful year ahead and hopes everyone stays healthy. Commissioner Waters asked that we add boats in front yards and a discussion regarding Christmas lighting to the agenda. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:25 pm. Donald M. Wolfson, Mayor/Pr iding Officer ATTEST: Donna L. Bussey, CMC City Clerk