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Draft Minutes 11-26-07MINUTES REGULAR CITY COMMISSION MEETING November 26, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bussey Call to OrderlPledge Mayor Meserve called the meeting to order at '7:15 p.m. The Invocation (transcribed verbatim from the tape of the November 26, 2007 City Commission meeting) was given by Commissioner Borno as follows: Almighty God, we commend to your gracious care and keeping all the men and women of our armed forces at home and abroad. Defend them day-by-day with your heavenly grace; strengthen them in their trials and tribulations and give them courage to face the perils which beset them; and grant them a sense of your abiding presence wherever they may be, in Jesus Christ Our Lord, Amen. The Pledge of Allegiance to the Flag followed the invocation. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 13, 2007. Motion: Auarove the minutes of the Regular Commission Meeting on November 13, 2007', as written. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Parsons, Woods, Meserve Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve welcomed the audience and explained the process for public comments. A. Request from Lisa Goodrich of Beaches Fine Arts Series for funding of $5,000. Lisa Goodrich, President of Boazd of Trustees for the Beaches Fine Arts Series, summarized the accomplishments and mission of the Beaches Fine Arts Series. She stated all of their programs aze presented at no charge. Ms. Goodrich explained that they have had funding resources from the City of Jacksonville's Cultural Arts Committee but their budgets have been cut which cut their funding by 9%. She stated they pass a basket at intermission for donations and also have private patrons and many companies who do give generously to their organization, as well as triathlon fundraisers. She stated because of the budget cuts they are reaching out to the cities and asked the City of Atlantic Beach to contribute $5,000 toward their budget. She November 26.2007 REGULAR CQMMISSION MEETING Pace 2 stated their annual budget this yeaz is approximately $350,000. She stated the Atlantic Beach Cultural Arts and Recreation Advisory Committee contributed $500 and they are hoping the City can make up the remaining $4,500. Mayor Meserve expressed his appreciation to Ms. Goodrich, stating he knows they do a great job and that is not at issue, the issue is budget priorities, with decreasing budgets every year. Commissioner Fletcher asked how many participate in the triathlons and what is the entry fee. Ms. Goodrich stated there aze a series of three triathlons in May, June, and July and they cap the field at 600 athletes. She stated the race application is $SS per race, but if someone signs up to do all three races it is $135.00. Commissioner Parsons stated her organization does a great job for the City and he appreciates it. Stephen Kuti,1132 Linkside Drive, addressed the issue of withdrawing water from the St. Johns River, stating he is in favor of a resolution similar to the one proposed by Neptune Beach. He also stated he does not support the floor area ratio and believes it does not leave builders or homeowners flexibility with the floor area ratios. He stated they should control those who want to build big homes with setbacks instead. He proposed the Commission revoke the floor azea ratio. Jackie Beckenbach, 2210 Oceanwalk Drive West, addressed the Commission regarding reuniting the citizens of Atlantic Beach, stating after the last election she and a group of concerned citizens came together to discuss ways to reunite the citizens of Atlantic Beach and re-establish a sense of community that once existed. She stated on October 16, 200'1 this citizens group incorporated as ABC Dialogue, with their mission statement being to promote continued positive development of Atlantic Beach through informed citizen dialog utilizing aweb-based approach to accomplish this open dialog format. She proposed to the Commission that ABC Dialogue be the initiation of a citizens group to take the lead in achieving the goal of greater unity within the community. She stated ABC Dialogue would like to work with the City Commission to further promote enhanced communication and information sharing between the citizens of Atlantic Beach to ensure the public is represented in their desire for community development and is informed of important decisions the City Commission discusses in a timely fashion. She stated ABC Dialogue is open to all citizens of Atlantic Beach and they aze invited to log on and register their email address at www.abcdialo ug e.org. (per Jackie Beckenbach, website will not be available until Friday, November 30, 2007.) Mayor Meserve stated there will be a workshop to discuss how they will approach this and stated they will be happy to have further dialogue with her and will call her directly. bane Wytzka, 352 2°d Street, reiterated her opposition to removing the FAR. She stated they spent a lot of time putting it together, it was a huge compromise and she sees no reason to eliminate it. She also stated she was terribly offended tonight. She stated she knows it is tradition to start these meetings off with a prayer. She was most distressed to hear aChristian-based prayer in a public meeting; it is not a religious event. She stated she attends church regularly and sings in a choir and finds it very offensive to be in a public meeting and to be praying to someone that not everyone agrees with. Sally Clemens, 1638 Park Terrace West, stated it was nice to see new faces and former faces on the Commission. She stated some of the faces were on the November 26 2007 REGULAR COMMISSION MEETING Pace 3 Commission in February 2006 when $50,000 was paid to Winter & Co. to be a consultant in the process of defining character and balance in Old Atlantic Beach. She stated this area was the first to see the construction of the big box residences. She stated it was limited to this area by monies, with the assumption the City could use this planning footprint to other areas. She explained the process continued for 2'/z years with much discussion and compromise. She stated after the Community Development Director became ill, the City again decided to use the expertise of Winter and Co. She also stated this should be noteworthy for consideration in the Commission's future discussions. Judy Sheklin,1985 Wrists De Mar Circle, stated she is in favor of maintaining the FAR and asked the Commission to listen to the citizens tonight who also want to preserve the unique character of this community. R.D. De Carle, 51 Beach Avenue, thanked the Commission for bringing the FAR issue back to the table, stating he feels it is redundant and should be removed from the building regulations. Mimi Ames, 1614 Park Terrace West, expressed concern about the FAR and the division of lazge lots into smaller lots. She asked the Commission to remember what was voted on and approved last year. Theo Mitchelson, 340 Oceanwalk Drive North, expressed support of a re-evaluation of the floor area ratio but cautioned the Commission to proceed slowly and cautiously. He believes the community needs healing and looks forwazd to the Commission bringing that to everyone. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Mayor Meserve stated his number one goal is to heal this community and get everyone back talking like neighbors instead of being on one side or the other. He stated there should only be one side, the side that is best for the City, while protecting both individual rights and property rights. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting City Manager Jim Hanson reported there aze two Board. Member Review Committee meetings, which are open to the public, scheduled for December 3 and 4 at 5:00 pm to select members for the four Code Enforcement Board vacancies. He also reported a Commission Workshop will be held on December 11 at 5:00 pm to discuss the Board Member Review Committee and water withdrawals from the St. Johns River. He stated Kirby Crreen, Executive Director of the St. Johns River Water Management District, will make a 30-minute presentation at that workshop. Mr. Hanson reported the Sea Turtle is not charging their guests for pazking, only for valet parking. November 26, 2007 REGULAR COMMISSION MEETING Paee 4 Mr. Hanson also reported the ordinances discussed at the last meeting relating to partially demolished or constructed buildings and the optional 2"d day/week residential garbage pick-up are being drafted but neither were complete for this agenda package and will be reported on at future dates. Commissioner Fletcher asked that they extend the courtesy of an invitation to Neil Armingeon, of the St. Johns Riverkeeper to give a short presentation to the Commission at the workshop following Kirby Green's presentation. Commissioner Borno stated when they ask the Riverkeeper, they should request that he bring factual information, not just emotional. Commissioner Borno stated they should heaz facts on the impact from both sides. Commissioner Fletcher agreed it should absolutely be limited to facts. Mr. Hanson stated he would invite them if the Commission wants him to. The consensus of the Commission was they should both be given equal time for their presentations. Commissioner Parsons discussed the paid pazking at the Sea Turtle, stating he went down there at 9:30 one morning and there was only one vacant pazking spot on both Atlantic and Ocean. He stated there were a lot of out of town cazs and construction trucks in the Hionides parking lot. He stated the complaint was that these cars aze there all day and after witnessing it, he stated that is right. He stated if the Sea Turtle is not charging, then why are those people parking over there. He stated, at the least, they should ask the construction workers to pazk in the Hionides lot. Mr. Hanson stated it was his understanding they have been asking them to do that, some have refused and some are new on that job that day. He stated the intent was for the Police Department to enforce the limited 2-hour parking on Ocean and 1-hour on Atlantic. Mr. Hanson stated he believes the Public Works is still ordering the signs. Commissioner Fletcher stated he drove by at 7:15 one morning at it was packed and they all had hazd hats on looking at plans. He stated since the signs went up, he has driven by and nobody has been in those slots. Commissioner Fletcher suggested the Commission consider a preventative measure ordinance that prohibits a business that is required to provide onsite parking from charging their customers for the pazking. Consent Agenda 4, Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Building Department Report and Financial Report for October. B. Award the annual contract for Landscape Maintenance (Bid No. 0708-02) to Trim All Lawn Service, Inc. in the amount of $31,616.00. Mayor Meserve read the Consent Agenda. Motion: Anurove Consent Agenda Items A and B as read. November 26.2007 REGULAR COMMISSION MEETING Ps¢e 5 Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Parsons, Woods, Meserve Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts and Recreation Advisory Committee. Laurie Melancon, Chairman of the Cultural Arts and Recreation Advisory Committee, summarized the programs sponsored by this Committee and requested guidance from the Commission on how they should handle the various budget requests, during this period of budget cuts. Mayor Meserve stated the Advisory Committee has a budget with a small amount of discretionary funds and the Commission gives them the task of sorting out where they are going to spend money, which is mostly spent in the City of Atlantic Beach. Commissioner Borno suggested when requests for donations, such as the Beaches Fine Arts request, come up in the future, if the Advisory Committee feels strongly enough about it, they should bring it back to the Commission and ask for a budget amendment. He stated he believes this is the only recourse that the Beaches Fine Arts request could be approached on. Mayor Meserve stated at this point the Advisory Committee has given an amount and the only thing that could happen is if this Commission decided to take action to boost it up, based on the recommendation from the Advisory Committee, as required by the Ordinance. Ms. Melancon asked for clarification that the Cultural Arts and Recreation Advisory Committee would have to put in a recommendation that the Beaches Fine Arts Series should receive the $5,000. Mayor Meserve stated that was correct, but it is $4,500 now. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Animal Control Ordinance Discussion. Chief Thompson summarized his written report on the Animal Control Ordinance. He stated he spoke to the Animal Control personnel for Atlantic Beach and they suggested Atlantic Beach require two affidavits for complaints, rather than one, because they stated there are some situations in Atlantic Beach where one person has abused this and they believe. having two people to sign affidavits would be preferable. He asked the Commission to provide guidance for staff relative to a process for reviewing and updating the Animal Control Ordinances. He suggested this item be discussed in a workshop. November 26.2007 REG[~ILAR COMMISSION MEETING Page 6 Commissioner Borno asked if there is a way the courts could let those people who sign affidavits of complaint know when there is a court date, because if they don't show up the case is thrown out of court. Chief Thompson stated this is an ongoing problem, not only with animal control violations but also with other code violations, and he and his staff have met with the Clerk's Office downtown to get this resolved. He stated they have given him a commitment to notify the Police Department so his department can then get everyone in court. Commissioner Parsons agreed there should be at least two people, from two different households to fill out affidavits. Commissioner Woods agreed this should be taken up in a workshop. Mayor Meserve agreed to bring this up in a workshop. B. Wastewater Engineering Contract. City Manager Hanson stated this was deferred from the last meeting to give time to check the other beach cities to see if they wanted to be involved in some of this work to reduce the expense for everyone. Mayor Meserve stated since he received a negative response, Atlantic Beach will do this alone, so it is back as an action item. Motion: Award contract for Phase I of the Wastewater and TMDL Compliance Pr0$ram in the amount of $328,066 and authorize the City Manager to sign the contract. Moved by Fletcher, seconded by Woods. City Manager Hanson explained there aze two major components of this job. The first and most complicated is to determine all the various options and the lowest priced, long-term way for us to meet the new river requirements to reduce the nitrogen from our wastewater and storm water systems. He stated the second component is to prepare the design for a reuse system that turns wastewater into a grade that can be used for irrigation. He stated they aze still negotiating with the Selva Marina Country Club to do that and the second phase would not be executed unless they get it worked out with the Country Club. Ms. Kaluzniak stated the engineers from HDR Engineering were in the audience if anyone had questions. Commissioner Parsons asked if they have heard anything back from Selva Marina Country Club. Mr. Hanson explained they have discussed it with their Board but they have another meeting at 10:00 tomorrow morning to discuss where we stand with numbers and they have been given a draft contract prepared by Alan Jensen and himself. He stated another big component is how much they can use on the golf course, because the more they can use, the more it saves us in terms of nitrogen credits. He explained all the wastewater we can keep from being put out into the St. Johns River, reduces the nitrogen in the river, which gives us credits and fits into the whole puzzle of the most effective way to meet the TMDL standazds. November 26, 2007 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 - Borno, Fletcher, Parsons, Woods, Meserve Nay: 0 - MOTION CARRIED C. Discussion on Resolution opposing permitting of water withdrawals from St. Johns River. Mayor Meserve suggested, since this will be discussed at a workshop, that this item be deferred tonight. Commissioner Parsons agreed. Commissioner Fletcher agreed to wait to discuss until after the workshop, so they will be able to hear from both sides. D. Discussion on allowing alcohol outside of Adele Grage building. Commissioner Parsons suggested allowing drinking of alcoholic. beverages outside the building, but limited to the brick rotunda area where the flagpole is. Commissioner Woods asked if this includes alcohol or just beer and wine. Timmy Johnson stated this would be beer and wine. Mr. Johnson explained this was allowed several years ago, but was discontinued because of a noise problem. He stated it is difficult to enforce the people on the outside. Mr. Jensen stated although their suggestion is only for the Adele Grage building, there aze other public parks where functions can be held as well, and asked if they should be included. Commissioner Parsons agreed they should be included also. Mr. Jensen stated the ordinance, as it is written now, does not address any specific facilities. Commissioner Borno did not agree to allowing drinking outside, citing various problems in the past. Mayor Meserve suggested a compromise of confining the drinking to under the roofline of the porches, which does not include being on the flagstone area. He agreed that once you get out on the flagstone, sidewalk or street, it is more difficult to control. He suggested this be made universal to all of the buildings that are rented out for private parties. After further discussion, Commissioner Parsons agreed to work with the City Manager to put something together for the Commission to vote on at the next meeting. E. Discussion on Elimination of Floor Area Ratio from zoning code. Commissioner Parsons stated he believes the Floor Area Ration is unfair because it is only in Old Atlantic Beach, and it is redundant. He stated there are already setbacks and restrictions and he would like to see the FAR eliminated. Mayor Meserve stated if you start taking apart an ordinance one piece at a time, he does not believe that is good law making. He stated in some cases you can selectively take something out of an ordinance which might have impacts in other places. He stated he would like the Commission to study this issue more at a workshop before making a decision. Commissioner Fletcher stated he is 100% in agreement with Commissioner Pazsons and fully supports getting rid of it. November 26, 2007 REGULAR COMMISSION MEETING Page 8 Commissioner Borno stated he would agree to workshop this, but to his knowledge, no one has applied for a permit where this has restricted them or created a problem. Ms. Doerr stated that is correct. She does not believe this needs to be discussed at a workshop. She strongly advocated that the remainder of the ordinance be maintained, stating they have not had any problems with any aspect of the ordinance including the floor area ratio. She stated .60 is a liberal floor area ratio. Commissioner Borno asked Ms. Doerr if a workshop would be of any value to put a solid explanation to the Commission showing the whole picture of what FAR affects. Ms. Doerr stated FAR is just a mathematical calculation, based on the size of your lot. She stated it isn't telling you what you can do with the inside of your house; it doesn't dictate design, except in a very broad way. Commissioner Borno stated it dictates square footage. Commissioner Parsons stated he wants to make a decision and does not want to workshop it. He would like to eliminate FAR now. He stated there are different setbacks throughout the City, 30 feet in some places and 20 feet in others. Ms. Doerr disagreed stating we have building restriction lines that are platted. She stated the 20 ft. front and rear setback is a setback in every residential zoning district in the City. She stated the side varies with either a combination of 15 ft. or 7 '/z ft., but setbacks are consistent with the exception of those building restriction lines in Selva Marina. Commissioner Fletcher stated his problem with FAR is it duplicates what other parts of the ordinance do, is confusing and overly regulates what someone can do on the inside of the building envelope. Commissioner Woods agreed there is a lot of misunderstanding about the FAR. She stated she supports FAR and it serves the purpose of dealing with mass and scale and basic character of the part of the City known as Old Atlantic Beach. She would agree to looking into it and hopefully dispelling a lot of fear and misconception and if needed revise it, but she would hesitate to just throw it out. Mayor Meserve stated from a process standpoint, you can't just throw it out. To change this would require two readings and a public hearing. He stated he does not understand the impact of FAR and asked if the Commission wanted to workshop it or bring it back as a change to the ordinance with a public hearing. It was the consensus of the Commission to start with a workshop, with Meserve, Borno and Woods for and Fletcher and Parsons against. Mayor Meserve explained there is also the option to ask the people who live in the area affected by FAR what they want. City Manager 9. City Manager A. City Manager's Report 1. Wastewater Equipment Mr. Hanson reported they had to purchase some replacement tiles for drying beds at the Wastewater Plant # 1. The present budget included $15,000 for replacement tiles and the actual cost was $14,976. November 2b, 2007 REGULAR COMMISSION MEETING Pace 9 Mr. Hanson also reported the City received an award for the Skate Park, which was designated a significant concrete structure by the Florida Chapter of American Concrete Institute. Mr. Hanson gave an update on the Mayport Road median project reporting that bids were taken by the City of Jacksonville for the joint project between Jacksonville, Atlantic Beach and the FDOT. The low bid was $6.3 million from Petticoat, who also did the work on Sherry Drive. He stated, however, the $6.3 million was considerably over the budget. He stated Jacksonville and Atlantic Beach staff met and have made four reductions that they want to substitute in the project: (1) substitute paint and thermoplastic on some of the markings; (2) eliminate some of the driveway and sidewalk repair; (3) eliminate the median installation north of Pioneer Drive since the Navy is discussing the need for a flyover at the intersection just north of there; and (4) eliminate some of the resurfacing at Wonderwood Drive intersection. He stated changing those four components brings the cost to within $300,000 of the budget. He explained there are a couple of remaining issues they want to talk to FbOT about that may be able to bring that cost within the budget, if not the request will be for the remaining to come from Jacksonville's budget. Mr. Hanson stated he will report back when this all comes together. Mr. Hanson reported the contractors working for the City will be removing seven dead/dying red bay trees from various City streets, which were killed by an infestation of ambrosia beetles. 2. WSI Recycling Facility Mr. Hanson gave a slide presentation detailing the recycling system used by WSI Recycling Facility. 3. Source of Drinking Water Donna Kaluzniak gave a slide presentation on the Floridan Aquifer stating there are three aquifers used in Atlantic Beach, the Surficial (used for irrigation wells), Intermediate (used for irrigation wells) and Floridan (drinking water and irrigation). Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Woods • Expressed her appreciation to Jackie Beckenbach for her idea for the citizens group. • Stated the Commission needs to consider how to approach Redistricting. Commissioner Parsons • Suggested naming the road behind the Post Office Fran's Way after former City Commissioner Rick Beaver's wife, Fran. He stated he spoke with the local Post Office and they had no problem with it but told him to talk to the Post Office downtown, which he has also done. He stated the gentleman he spoke to November 26.2007 REGULAR COMMISSION MEETING Page 10 downtown was also agreeable but said he needed to look into the legalities of it and will have an answer in the next couple of days. Mayor Meserve stated they should do it. Commissioner Borno • .Supports naming the road Fran's Way as long as there are no legal problems with the Post Office. • Reminded everyone of the Tree Lighting at 6:00 pm on December 1. • Questioned the lot on Pazk Terrace that was reported to have been divided into two lots, stating you can't just divide a platted lot. Mr. Jensen agreed if it is a platted lot, but any subdivision would have to meet the requirements of the City. Mayor Meserve stated the City changed how you can replat lots and increased the requirements for divided lots and believes the City has been proactive in putting some restrictions that are pretty forward looking. Mayor Meserve • Stated the Environmental Quality Division was writing a new law called Chapter 366, regazding water services and collection of civil penalties, etc. and they tried to put Atlantic Beach in with the rnix of Duval County. He stated Atlantic Beach already has their own regulations, which are in most cases farther ahead than the County regulations. He stated the three beaches city mayors sent them a request to leave us out of the legislation, stating they are fine working on their own. He stated they received a verbal back from Mr. Vince Seibold, Chief of Environmental Quality, who was positive in tone, but not specific in answer yet. Mayor Meserve said there will be more to follow and was pleased that Mr. Seibold didn't say no. • Need to get on with the workshops so they can address some of the issues of getting the City back together. • Stated high on the list of projects is Mayport Road. He stated with the Commission's authority he will speak with Mayor Peyton and others to make sure the money is in for that project so they can get the contract going. He stated the City's goal should be that the citizens feel as safe on Mayport Road at 11:00 pm as they do on Seminole Road at 11:00 pm. • Regarding the $5,000 request from Beaches Fine Arts Series, he wanted a request from the Cultural Arts & Recreation Advisory Committee stating they approve it but do not have it in their budget, then the Commission can take some action on the request. He stated, however, this request is one of a lot of very nice organizations doing very great things, and the question is can the City afford it with the very tight budget this yeaz and a tighter budget next yeaz. He stated the City must be very careful in sponsoring those kinds of programs and believes we will have a lot more requests because as they lose maney from downtown, a lot of the charity organizations will be looking for other sponsors. November 26 2007 REGUL~it COMMISSION MEETING Pace 11 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:38 pm. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk