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5-24-10MINUTES REGULAR CITY COMMISSION MEETING May 24, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance Call to Order/Pledge Approval of Minutes IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Jonathan Daugherty (Excused) Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission Meeting of May 10, 2010. Motion: Anarove the minutes of the Regular Commission Meeting of Mav 10, 2010, as written. Moved by Fletcher, Seconded by Parsons Commissioner Woods proposed posting the audio recording of the Commission minutes on the City's website and asked that the Commission direct staff to do this. City Clerk Donna Bartle stated retention on recordings is two years. Commissioner Fletcher stated he is in favor of directing staff to look into the feasibility of this. Commissioner Parsons stated he was not in favor of doing this because the recordings are readily available by request. Discussion ensued and it was the consensus of the Commission to direct staff to check the feasibility of doing this. Votes: Aye: 4 -Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Tom Larson, 883 Marshside Court, Jacksonville Beach, stated he was the Chair for the Sierra Club Northeast Florida Group and works with the North Florida Land Trust on their Land Conservation and Stewardship Committee. He addressed the Commission regarding the Tideviews kayak/fishing boardwalk, stating he is excited about the possibilities it presents but wants to make sure there is good dialogue about the options, values and means by which the access to that area can be best provided. He further stated he would be glad to work with the community and staff to consult on these things. Commissioner Fletcher asked if the Sierra Club provides financial Mav 24.2010 REGULAR COMMISSION MEETING Page 2 assistance for construction of these types of things. Mr. Larson stated they did not, but they do have the ability to organize volunteer work activities. Hallie Stevens, 382 Seventh Street, Northeast Florida Program Director for the Nature Conservancy, addressed the Commission regarding the conservation easement at the River Branch Preserve. She stated this easement is held by the North Florida Land Trust and it instructs that any changes to the natural values of the preserve need to be evaluated and approved by the Land Trust. She stated to ensure proper review the City is to give the Land Trust at least 30 days notice for any plan that changes the existing nature of the property. She urged the Commission to postpone the vote until the Land Trust has had time to perform their due diligence. Mark Tomaski, 448 Snapping Turtle Court West, addressed the Declaration of Reverter filed by the RCBS Corporation on Old Sherry Drive. He requested that the $140,000 payment to the Estates of Atlantic Beach be put in escrow until this issue is resolved. Tom Daly, 2029 N. 3~d St., Jacksonville Beach, representing the North Florida Land Trust, stated the conservation easement requires 30 days notice; they are not for or against the dock project because they have not had time to evaluate it; and they would like to see this outcome be used to develop a partnership between the City of Atlantic Beach and the North Florida Land Trust to increase the amount of conservation lands. He further stated in addition to the 30-day notice, they require 20 days after that to respond to what they receive regarding changes to the land use. No one else from the audience spoke so Mayor Borno 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 City Manager Jim Hanson reported on the question raised at the last meeting regarding a staff report by Sonya Doerr in 2004 on the undeveloped property owned by the Estates, explaining the report resulted from a request of Commissioner Waters at the previous meeting regarding the possible uses of the property. He further stated, in response to the comment made at the last meeting regarding the City not having to pay for tree mitigation on any trees removed in the proposed street right-of--way on the Estates property, that statement was not correct. He stated, per the correspondence from John Collins attached to his staff report, Atlantic Beach would be subject to tree mitigation if any trees were taken down. Commissioner Woods thanked Mr. Hanson for clarifying these issues. 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, May 24, 2010 REGULAR COMMISSION MEETING Paae 3 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 List of New Businesses in Apri12010, Utility Sales Summary, Financial Report and Building Department Monthly Activity Report for Apri12010. B. Award the contract for Jordan Park Improvements CDBG 2010: Covered Shelter and Water Fountain, City Bid No. 0910-08 to Gruhn May, Inc., for Total Lump Sum Base Bid plus 10% Contingency of $29,150.00 plus Additive Alternate A for $800.00 for a total cost $29,950.00. C. Extend the contract for Lawn & Pest Control for City Facilities (Bid No. 0708- 08) to Pestmaster Services for one year at the current level of service and unit prices. Mayor Borno read the Consent Agenda. Motion: Aparove Consent Agenda Items A, B, and C, as read. Moved by Fletcher, seconded by Parsons. Votes: Aye: 4 -Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts and Recreation Committee -Proposal for Mid-week Market at Bull Park. Jeff Wight summarized the proposal for amid-week market at Bull Park, stating the Committee is unanimously in favor of this proposal. Mayor Borno asked how many of the vendors they expect to be farmer-type. Mr. Wight stated their primary objective is to deliver healthy food to people and they will be seeking primarily farmers and vendors who serve healthy food. Commissioner Woods asked when they might move into some of the other parks. Mr. Wight stated they are only working on this location now, but there could be other ones at a later time. Commissioner Fletcher commended Mr. Wight and the Committee on their initiative for putting this together. He asked why they chose Bull Park instead of some of the other parks that are larger. Mr. Wight stated the location, being in the middle, was one of the reasons, but if this blows up they might need to move to Johansen, but they are only focusing on year one right now. Commissioner Parsons was concerned that this doesn't compete with the musical people and asked what non-profit groups they plan on having there. Mr. Wight stated Mav 24, 2010 REGULAR COMMISSION MEETING Pace 4 they will not seek non-profits, but if they had spots to fill and if the Committee felt they were appropriate, they would accept them. He reiterated his objective is to seek food vendors. Mr. Wight further stated they want to minimize the art, with one artist at the most, but it is not a major goal at this point. Commissioner Parsons asked what they would do if issues arise. Mr. Wight stated they should put it on the Committee's shoulders and their ears will be open if the City believes there are any issues going on. Motion: Approve the request of the Cultural Arts and Recreation Committee to start aMid-Week Market in Bull Park. Moved by Woods, Seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Approval for utilization of forfeiture funds. Chief Classey explained the two proposals for expenditure of the forfeiture funds are for a piece of equipment and gym memberships for the officers. Mr. Hanson added the funds being used for this are specialty funds which, under the Florida Statute, cannot be used for most operating expenses. Chief Classey stated this money comes from drug seizure money. Motion: Approve the utilization of the forfeiture funds in the amounts of $3,831 for equipment purchase and $2,000 for police officers' ~ym memberships, as recommended. Moved by Woods, seconded by Fletcher. Votes: Aye: 4 - Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Mav 24 2010 REGULAR COMMISSION MEETING Paae 5 B. Annual Water Quality Report. Mr. Hanson congratulated Ms. Kaluzniak and her staff for meeting all regulations for water quality. Public Utilities Director Donna Kaluzniak summarized the water quality report. Mayor Borno asked if the reports are still being mailed out with the water bills. Ms. Kaluzniak stated it will be included in the bill and is also on the website. She answered several questions from the Commission. C. Presentation of Plan for Tideviews Preserve. Assistant City Manager David Thompson summarized the background of the project to date then turned the presentation over to Randy Downing to explain the conceptual plan. Randy Downing, Bowen Civil Engineering, explained the conceptual plan for the proposed boardwalk showing a slide of the concept by Bowen Civil Engineering . He stated the permit requires that we minimize the impact on the environment. He stated the permitting agency will focus on whether we are using the dock solely for water-use activities, which would include the kayak launch and fishing. He stated social gatherings out there are not a water use function that would be permittable, so he has to be careful about making an enlarged area that could be considered a deck. He then showed slides of proposals from Commissioner Daugherty and John November, explaining the pros and cons of each. He stated he believes Mr. November's concept is a good compromise, as well as providing a sizable deck area for some events. He stated he does not have any guarantees that this will be permittable, since minimization is key. He stated his justification for the size of the deck area would be that they need all of that area because there is a mixed use with kayakers and people fishing off the rail. Discussion ensued and Mr. Downing answered several questions. Mayor Borno stated he read a question about dredging but he has not seen or heard anything about any dredging being anticipated. Mr. Downing stated there will not be dredging; in fact, the idea of going all the way out with the dock was to avoid the dredging. He stated dredging is more of an evil than impacting wetlands like they are doing with the dock, in order to get access to the water. He further explained they must elevate the boardwalk enough to let light get underneath it to keep those plants alive. Mr. Downing explained the permits must be into FIND by September 1. Discussion ensued regarding the boardwalk construction as it relates to the environment issues. Commissioner Woods stated she envisioned this being a field trip destination for the local school children and the latest proposal with the extra decking would be a wonderful opportunity for making it such. She stated she hopes Mr. Downing can reiterate that during the permitting process. She further stated she would like to minimize signage so it can be kept within the bounds of the railing/walkway and not have signs on posts. After further discussion, Commissioner Woods thanked Mr. Downing for his exemplary efforts tonight. Mav 24, 2010 REGULAR COMMISSION MEETING Page 6 Commissioner Fletcher stated he definitely wants to forge a partnership between the City of Atlantic Beach and the North Florida Land Trust. He stated we were charged with opening up public access to the River Branch Preserve and he hopes, unless it is a prohibited use, that the North Florida Land Trust will give the City great latitude in what is designed for our residents. Commissioner Fletcher read an email from Commissioner Jonathan Daugherty giving Commissioner Daugherty's input regarding the Tide Views Preliminary Design. Commissioner Fletcher asked what can they do as a Commission to facilitate Mr. Downing's efforts to getting something done in order to get this permitted in time to get the funding. City Attorney Alan Jensen responded that the conservation easement requires the City to give the North Florida Land Trust written notice with a design. He stated they can't react to anything or respond if they don't know what we are planning to do. He stated all the Commission is being asked tonight is to approve a conceptual design, not a final design. He stated the notice to the North Florida Land Trust states it shall describe the nature, scope, design, location, timetable and any other materials for what they are planning to do. He stated as long as they get it to them more than 30 days before the City intends to undertake the project, then they are within the requirements. He stated as he understands the communication from Bonnie Barnes with North Florida Land Trust they want the Commission to postpone everything, but the notice requires that we give them a design. Commissioner Parsons stated he believes they should decide on the conceptual design tonight and let Mr. Downing get it permitted. Mayor Borno asked if there was a survey in progress yet. Mr. Downing stated before getting the final survey he wanted to make sure they were fine with the conceptual drawing so he could tell the surveyor where to survey. He stated this would also apply to the geotechnical work. Mayor Borno also asked when is a final approval design required to enable submission and completion of the permit application. Mr. Downing stated he can make his initial permit submittal with documents close to the conceptual but would need to include some details regarding construction of the dock, etc. He stated if he gets approval on the conceptual, he could submit for a permit in two weeks. Discussion ensued and Mr. Hanson proposed if the Land Trust could come back with their recommendations in two weeks and there are relatively little changes that can be incorporated by the designer, they could just authorize the designer to do that and report back to the Commission. He stated if they come back with a major change or denial of the plan, staff could report to the Commission that they need to have a special meeting. Commissioner Woods asked Mr. Daly if they have set a date yet to look at this. Mr. Daly stated they did not but they should have no problem rounding up enough members of the Land Committee for a quorum to hold a meeting. Motion: Approve sendins the conceptual design (which is attached and made part of this Official Record as Attachment A) to the North Florida May 24, 2010 REGULAR COMMISSION MEETING Paae 7 Land Trust for review and continue moving forward with permitting and the FIND grant. Moved by Woods, seconded by Fletcher. Votes: Aye: 4 -Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the budget workshops will be held on August 3, 5, 26, and 30 at 5:00 p.m. in the Commission Chamber. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Woods Reported on Gospel in the Park. Asked for a report on whether anything has changed with RCBS. City Attorney Jensen stated this is still being worked on and all of the information was forwarded to our title company and their attorneys to look at. He stated, as of 5:00 tonight, he received a message from the attorney's office that they had not yet heard from the title company. Commissioner Parsons • Is considering bringing Amendment 4 back before the Commission to do a proclamation. • Stated there was a 19 year old walking with traffic who was killed. He stated a lot of people around here do that. He would like to see more signs out saying walk against traffic. Mayor Borno • Agreed Gospel in Park was a great event. • Stated the festival out at Mayport wasn't very well attended but it was interesting and he would like to see that pick up. • A Resolution regarding Interlocal Agreements with Baldwin, Atlantic Beach, Neptune Beach and Jacksonville Beach will be on Jacksonville Council meeting agenda tomorrow night and the City Manager will give the Commission a copy tonight to review. He stated he will attend the meeting tomorrow to get information on this. 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