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05-12-08MINUTES REGULAR CITY COMMISSION MEETING May 12, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bussey Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on April 28, 2008. Commissioner Parsons stated Tracy Parsons is not President of the Beautification Committee, but rather Chairman of the Atlantic Beach Public Arts Commission. Motion: Aanrove the minutes of the Regular Commission Meeting on April 28, 2008, as corrected. Moved by Parsons, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Presentation of Proclamation for National Public Works Week Mayor Meserve read the Proclamation designating the week of May 18 - 24, 2008 as National Public Works Week in the City of Atlantic Beach and presented the signed Proclamation to Rick Carper, Director of Public Works. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Pat Pillmore, 995 Camelia Street, addressed the Commission regarding salt intrusion into the river, and also stated her neighborhood is not blighted as it was quoted to be in the newspaper. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting At Mr. Hanson's request, Captain Classey explained the follow-up with business owners where arrests were made for sale of alcohol, stating the City gets in touch with Mav 12.2008 REGULAR COMMISSION MEETING Page 2 DABT, if it is not a joint operation, and they follow up with the business owner and put them on notice. He stated the City also follows up with the businesses that were tested but did not sell alcohol to minors, stating in a letter they were tested and successfully did not sell to underage buyers. Dale Hatfield, Mayport Corridor Coordinator, updated the Commission on the progress of the Mayport Corridor project, including policing, crime prevention through environmental design, training for the community, code enforcement, rental inspection program and formation of a rental property owners association, classes and league sports for juveniles, and community meetings to give citizens progress reports. Mr. Hatfield also announced there will be a community cleanup on May 17 at 7:45 a.m. at Donner Park, a business association meeting on June 4 at 6:00 p.m. at the USO, and a stakeholders meeting on June 5 at 6:00 p.m. in the Commission Chamber. 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 Utility Sales Report, Public Works and Utility Department Status Report and list of new Business Tax Receipts for April 2008. B. Award the contract for the Lawn and Pest Control for City Facilities (Bid No. 0708-08) to Pestmaster Services of Jacksonville. C. Authorize the City's annual utility contractor, Gruhn May, Inc. to perform Tank Cleaning at Wastewater Treatment Plants for a total of $32,400. D. Award the annual contract for meter testing (Bid No. 0708-09) to United Water Solutions in the amount not to exceed $9,000. E. Authorize the Mayor to sign the Application for Revenue Sharing 2008/2009. Mayor Meserve read the Consent Agenda Commissioner Fletcher asked that Item C be pulled Motion: Aaurove Consent Agenda Item A, B, D & E as read Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Fletcher stated that was a large dollar figure for the tank cleaning and asked if Mr. Hanson was comfortable it was competitive. Mr. Hanson stated they are doing the same type of work as last year and last year Ms. Kaluzniak checked with other contractors for prices and our annual contractor was the least expensive and it is Mav 12, 2008 REGULAR COMMISSION MEETING Page 3 the same price this year for the remainder of the tanks, so they didn't get prices again this year because they had not increased. Motion: Auurove Consent Agenda Item C as read Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods 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. 90-08-205, Public Hearing and First Reading AN ORDINANCE TO CONSIDER AN APPLICATION TO REZONE APPROXIMATELY 7.2 ACRES OF PROPERTY FROM CONSERVATION (CON) TO RESIDENTIAL, SINGLE-FAMILY (RS-1) TO PERMIT THE FUTURE DEVELOPMENT OF A MAXIMUM OF SIXTEEN (16) SINGLE- FAMILY RESIDENTIAL LOTS WITH ASSOCIATED ROADWAY, DRAINAGE, BUFFERS AND CONSERVATION AREAS FOR A PROJECT TO BE KNOWN AS SELVA PRESERVE, AND LOCATED NORTH OF 11TH STREET AND EAST OF LINKSIDE DRIVE. THIS SITE IS CURRENTLY UNDEVELOPED AND HAS A RESIDENTIAL, LOW DENSITY (RL) FUTURE LAND USE DESIGNATION AS ESTABLISHED BY THE ADOPTED COMPREHENSIVE PLAN FOR THE CITY OF ATLANTIC BEACH. (FILE NUMBER REZ-2007-01) Mayor Meserve read Ordinance No. 90-08-205 by title only and disclosed that the developer of this property is also the general contractor for The Palms development at Fleet Landing, which he runs. City Attorney Jensen stated Mayor Meserve did not need to recuse himself because there would be no financial gain to him, plus the developer is an LLC. Motion: Aaarove Ordinance No. 90-08-205 as read Moved by Borno, seconded by Parsons. Community Development Director, Sonya Doerr, explained the zoning background on the property then turned the presentation over to the applicant. Laura Ferrante, 248 Levy Road, Partner, Selva Preserve, LLC, representing the applicant, introduced her partners in Selva Preserve, LLC, Pete Rodrigues, President of RPC General Contractors; Robert Perret also of RPC, and Bob Hendricks of Crown Mav 12.2008 REGULAR COMMISSION MEETING Pace 4 Commercial Real Estate. Ms. Ferrante further acknowledged the experts used on the project and their areas of expertise: James Lucas, J. Lucas and Associates -Civil Design Engineer; Michael Herzberg -Land Planning & Land Use; Steven Schropp, Vice President, and David Stites, Taylor Engineering -Wetland Delineation, Mitigation and Habitat Review; Michael Harrington, Environmental Services, Inc. -Wetland Evaluation; Ryan Carter, Natural Resource Consultants, LLC -Wetland Evaluation; and Ameera Sayeed, Northeast Florida Regional Council -Senior Regional Planner. Following introductions, she gave a slide presentation on the Selva Preserve, including history of the surrounding area, legal basis for zoning change, land use map and overview, 2007 and current zoning map, zoning overview, conceptual layout, neighbor concerns, and habitat map. Ryan Carter, President, Natural Resource Consultants, LLC, stated he is a certified professional wetland scientist with a degree in forest resource and conservation. Mr. Carter gave a slide presentation explaining the history of the wetlands and the hydrologic damage and explained what the applicant is proposing in order to preserve the wetlands. Mike Herzberg, 4071 Cove St. Johns Rd., Jacksonville, gave a slide presentation regarding the makeup of the neighbors to the subject property. Mayor Meserve opened the Public Hearing. Steve Manis,1135 Linkside Court East, spoke in opposition to the rezoning and asked the Commission to not rezone the property. Mike Diaz, 1490 Selva Marina Drive, stated he was concerned about and opposed to the rezoning and development and asked the Commission to require fewer lots. Gabriel Farra, 552 Pelican Key, representing the homeowners of Selva Lakes, expressed their concern regarding the development and asked the Commission to not approve the rezoning. Alice Gartland, 1140 Seminole Road, spoke in opposition to the development stating she believes the developer is being given special privilege. Kevin Gartland, son of Alice Gartland, stated he strongly objected to the applicant's request to change the zoning on the property and asked the Commission to deny the applicant's request for a zoning change and have the applicants revise their proposal under the conservation zoning, reduce the number of lots to ten, and increase the mitigation easement to the water management district trust for public land or other environmental land trust to three acres. Pat Pillmore, spoke in opposition to rezoning due to losing the green space and wetlands. Maria Mark, 1148 Linkside Drive, stated she doesn't fully oppose the development, but recommended a reduction in the number of proposed lots. Mav 12, 2008 REGULAR COMMISSION MEETING Page 5 Ron Able, 1227 Linkside Drive, spoke in opposition to the redevelopment and asked the commission to deny the request. No one else from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno asked whether this could still be developed while zoned as conservation. Ms. Doerr explained the Conservation zoning district has a provision to permit a maximum density of one unit per acre with ause-by-exception. Mr. Hanson explained the City, in recent years, has spent over $9 million to put in a working stormwater system for the core city area and there is no excess capacity. He stated if we lose one square inch of stormwater capacity, that is one more square inch of water that will be backing up in someone's yard during a major storm event. He stated a major part of this project, the wetlands, is in the 100 year flood plain and does provide flood storage. He pointed out that 16 lots are totally unrealistic for this property while maintaining stormwater storage for the City of Atlantic Beach. He stated, if the zoning is approved, the applicant will have to come back to the City for the approval of their subdivision plat and they may have interest dealing with the flood storage and wetlands. He assured everyone, if this is approved and goes to final design, it will be watched very closely and the City will bring in its own engineers to assure it is not losing any stormwater storage so people upstream will not be flooded. Commissioner Fletcher stated he is not convinced the wetlands conservation is consistent with the comprehensive plan. Commissioner Woods stated she agrees with all the concerns that were brought up. Commissioner Parsons stated the Commission is not here tonight to look at the number of lots but to determine the rezoning and stated legally he believes the Commission must approve this rezoning. Mayor Meserve stated the Commission is only dealing with the rezoning tonight and this request is going through and has followed a standard process that every redevelopment in the City goes through. He stated if the rezoning is approved, it does not mean the Commission is voting for the 16 lots. He stated if the rezoning meets the requirements of the Comprehensive Plan, the Commission must approve it. City Attorney Jensen stated the Commission must act on the rezoning application and, if the applicant meets the requirements set forth, then the Commission has to grant some type of rezoning. He cautioned the Commission to not try to negotiate some type of contract zoning when they have an application they need to act on one way or the other. He stated if the applicant wants to amend or change their application in the future that is up to them. He stated the Commission need only be concerned with whether the applicant procedurally did what they were supposed to as far as filing the application and are they consistent with the comp plan. Further discussion ensued, after which Mayor Meserve called for a vote on the first reading. May 12, 2008 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. ORDINANCE NO.OS-08-50, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, BY ADDING ARTICLE VIII. EMERGENCY MANAGEMENT, TO PROVIDE FOR AN EMERGENCY MANAGEMENT PLAN IN THE EVENT OF DISASTERS OR EMERGENCIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. OS-08-50 by title only. Motion: Aanrove Ordinance No. OS-08-50 as read Moved by Borno, seconded by Parsons Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Atlantic Beach Voting Districts. Mr. Hanson stated he and the City Clerk have met with the Supervisor of Elections, Jerry Holland, to discuss options for changing the voting precinct boundaries. He stated there is one major restriction in drawing precinct boundaries, you have to follow the census tract lines. He stated after reviewing the census tract map, it became evident that the alternative changes recommended by various people would not work. He presented a slide showing recommended changes that equalize the voting populations in each of the four voting precincts. Mr. Hanson stated the Commission should make a recommendation to adopt the residency requirements as they consider implementing the effects of the district referendum which was passed. He stated the current charter requires only residency in Atlantic Beach prior to an election. He stated in the City Charter there is currently no requirement for a Commissioner to live in any particular district. He recommended a requirement stating a candidate for City Commission must have lived in the precinct for which they are seeking to serve for at least one year prior to the election and that they continue to live there throughout their term of office. He stated he needs direction from the Commission to prepare an ordinance, which would include: (1) specifying the revised precinct boundaries, (2) decide residency requirements, (3) decide which commission seats are going to be assigned to which districts/precincts. Commissioner Parsons stated he had intended to present another drawing but was not able to bring it tonight and would like to hold off on the precinct lines until he can show it. He stated he would have it ready for the Commission for the next agenda. Mav 12.2008 REGULAR COMMISSION MEETING page ~ City Manager Reports/Requests City Commissioners City Attorney After further discussion, it was decided to defer this until the next Commission meeting. Motion: Defer to next meeting Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Actuarial reports for pension funds for year ending 9/30/07. Finance Director Nelson Van Liere explained the highlights of the actuarial reports for the general employee and police pension funds. He stated the City's contribution for next year for the general employees pension fund will increase from $471,000 to $528,000 (14.03%) and for the police pension fund will decrease from $259,000 to $256,000 (16.29%). Motion: Approve Annual Actuary Reports for General and Police Pension Plans Moved by Borno, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Purchasing limits (City Manager). Mr. Hanson explained the cost of advertising and preparing bids has increased significantly and recommended changing the Ordinance raising the bid threshold and increasing the City Manager's approval level to $25,000. It was agreed to bring this back as an Ordinance for first reading at the next meeting. 9. City Manager A. City Manager's Report Mr. Hanson reported the next Commission meeting will be on Tuesday, May 27, because of the Memorial Day holiday. He also reiterated there will be a public meeting on the Mayport Corridor Revitalization Project on Thursday, June 5, at 6:00 p.m. in the Commission Chamber. Mayor Meserve stated they have formally requested a temporary reduction in speed during the construction on Mayport Rd. but would rather reduce the speed limit to 35 mph permanently. He requested the Commission to speak with the people they know and try to get it changed to 35 mph permanently. 10. Reports and/or requests from City Commissioners and City Attorney Mav 12, 2008 REGULAR COMMISSION MEETING Paee 8 Commissioner Borno • Observed several barriers on Mayport Rd were moved by the wind into the road over the weekend. • Asked the Mayor to let him know if he will not be in town to present the Navy Wives Club Proclamation. • Encouraged the Commission to read the Senate Bill 1588 if they haven't done so already. Commissioner Parsons • Thanked everyone for the cards and well wishes during the funeral of his mother. Commissioner Woods • Suggested considering establishing vendors on the beach during the summer to sell things such as ice cream, etc. Commissioner Fletcher • Sees issues with U-turns on Mayport Road and asked if there will be a carve-out for these U-turns. Mr. Carper stated there will be. • Mentioned correspondence from Erik Bryson regarding lawn trash and stated he sympathized and believes code should be changed to allow yard trash to be set out. Mayor Meserve agreed to bring this up for discussion at the next meeting. Mayor Meserve • Regarding the rumor that 50% of the labor force from Petticoat are illegal aliens, he stated he spoke with the head of Petticoat who explained, while some of their workers are documented legal aliens, they are all green card workers with social security numbers and not illegals. • Reported on recap of issues from Tallahassee and Washington and stated he is considering meeting with some of the congressional representatives in Washington. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:50 pm. ATTEST: !7'V/~~~t~i U' /-J Donna L. Bussey, CMC City Clerk Johr~ ~11Gl~e~ve, l~layor/Presiding Officer