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5-28-13 Commission Workshop MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON MAY 28,2013 AT 6:30 PM City Commission Members present: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Rick Carper, Public Works Director Mike Classey, Police Chief Nelson Van Liere, Finance Director Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of June 10, 2013, was called to order at 6:36 p.m. by Mayor Borno. Mayor Borno explained the agenda for the workshop. 1. Discussion of Action Items on Commission Meeting Agenda for June 10,2013: A. Minutes There was no discussion on this item. Item 8A, under Miscellaneous Business,was taken out of sequence and acted on at this time. 8A. Agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center. City Manager Jim Hanson summarized the staff report stating Habitat has determined they need more space and want to renovate the Jordan Center at their cost. He stated Habitat has drafted a new agreement reflecting the requests to renovate the Jordan Center. Ralph Marcello, from Habitat, stated it is important for them to move forward so they can get the renovation done in the summer, outside the school year. Sue Goebertuf, After School Program Coordinator, explained their mission is to keep the children where they are, if they are on grade level, with the goal of getting them above grade level in their reading and math skills. Kathy Christiansen, Director of Education Programs, explained what they are doing with the after school program. She stated it has been a great partnership with the City in terms of the City running the administrative part of the after school program and getting the children involved, allowing her to focus on the education piece. Mr. Hanson expressed his appreciation to Habitat for working with the City on this program, stating it has been a great success for the children in the neighborhood. Commissioner Daugherty stated he was grateful for the impact Habitat has on our community. Minutes—City Commission Workshop May 28,2013 Page 2 Item 3A was taken out of sequence and acted on at this time. 3. Workshop-only Items A. Presentation by Langton Associates on benefits of hiring a grants consultant. Michael Langton, President of Langton Associates, gave a presentation on the benefits of hiring a grant writer versus doing it in-house, explaining what his firm could offer, their background and experience. He answered questions from the Commission. Commissioner Daugherty further explained why he had asked Mr. Langton to give a presentation to the Commission. Item 7E, under Ordinances,was taken out of sequence and acted on at this time. 7E. Ordinance No. 90-13-216 Principal Planner Erika Hall reported on the rezoning application requested by Atlantic Beach Country Club for the parcels that include the Clubhouse and recreational amenities, as the remainder is in the City of Jacksonville. She also discussed the revised traffic study completed for the PUD and answered questions from the Commission. Commissioner Daugherty expressed concerns about the results of the traffic study. T.R. Hainline, 1301 Riverplace Blvd., agent for the applicant, further reported on the traffic study and improvements to Dutton Island Road. Ward Koutnik, President of Transportation Planners Enterprise, explained the past history and current results of the traffic study estimates. Discussion ensued and Mr. Koutnik answered several questions. Mr. Hainline further reported they are aggressively pursuing both an Interlocal agreement and annexation, stating even if it doesn't happen the PUD will have Atlantic Beach criteria, standards and ordinances on almost all of the tests and standards that are applied to them. Mr. Hainline, Ms. Hall and Mr. Hanson answered several other questions from the Commission. Commissioner Woods posed a question regarding the language allowing developer to have real estate signs up through build-out and asked what is considered build-out. Mr. Hainline stated he would research that and come back with an answer at the Commission Meeting on June 10. Mr. Hainline further answered questions related to landscaping and tree protection. Commissioner Woods also stated the design shows 169 houses but states up to 180 houses and asked where those houses would go and would they have to come back to the Commission before they were platted. Mr. Hainline explained there is always some play when the final engineering is done as to where things go in specific detail so that allows them a little cushion in terms of where lots can go and possibly adding lots. He stated City staff will see all of those plans as they are submitted to verify that they comply with the PUD. He stated the difference between the 169 and the 180 is that play that could happen in the final engineering kinds of things. Commissioner Woods clarified that they would not necessarily come back to the Commission to add the extra 21 houses. Mr. Hainline stated no, that would be a plan City staff would look at to make sure it complies with the PUD. Ms. Hall further clarified that they do have a range of lot widths so they might take out some of the larger widths and try to squeeze in more. Commissioner Woods asked if they can assume it is all along that one roadway because some people are concerned that these houses are going to be built up against houses that now have golf course views. Mr. Hainline stated he does not think it would change their building envelope at all. He stated their intent and site plan is to maintain the view sheds for all those people who live around the golf course. He stated that basic intent and what their site plan shows as the basic envelope would not be changing within that 180. Commissioner Minutes—City Commission Workshop May 28, 2013 Page 3 Woods further stated there was a concern about fences or some kind of visual barrier being put between the existing houses that have a golf course view and questioned if there is anything in the covenants about fences and barriers to the golf view from the existing houses. Mr. Hainline stated the developer could address that but the only thing he heard about fencing had to do with possible safety. Rick Wood, 414 Old Hard Road, President of Wood Development Co., stated they have not talked about erecting fences around the perimeter and explained they have proposed some enhanced landscaping. Commissioner Woods asked him to clarify that they are not necessarily looking to block the view of existing homes to the golf course. Mr. Wood stated some of those homes he is not sure he wants to see and is not going to tell her that they aren't going to be selective. He stated where they would want to do the enhancing would be at the tee boxes, angle turns or pins, which is where people tend to congregate, but along the balance of the perimeter they may do very little. Following a concern of Commissioner Beckenbach about the golf course property being designated as perpetual green space upon the annexation of the property, discussion ensued on the conservation easement. Mr. Hanson stated our understanding and the agreement they are working to create is that the City Commission will not spend any construction dollars toward the reuse system until the City has in hand the deed restriction. He stated that will be done regardless of annexation assuming we move forward with the reuse system. He stated the annexation is beyond their control but they have agreed to support it. He stated, as he understands it, the agreement is that we will try to move forward with that and the City of Atlantic Beach, the developer and the country club have agreed to that but we have not heard back from Jacksonville yet and we may have to go to the legislature. He stated we will get a deed restriction regardless of annexation. Mr. Hainline reiterated it is in their interest to be annexed and they want to be annexed. Item 7F, under Ordinances,was taken out of sequence and acted on at this time. 7F. Ordinance No. 90-13-217 Erika Hall explained in the previous staff report for the Atlantic Beach Country Club there was a copy of the approved PUD which included a parcel that is owned by Selva Preserve LLC. She stated it is the vacant lot right across from Selva Lakes and was highly contentious when it rezoned as part of a joint venture partnership. She stated it became part of the Selva PUD and was merged into that project. She stated because this is a new project, that parcel is no longer a part of the current Selva project. She explained they have no plans for development of this parcel at this time so they have asked to revert to RS-1 Zoning. B. Consent Items Consent Item 4A—There was no discussion on this item. Consent Item 4B — Public Works Director Rick Carper reported on the bid on the palm tree trimming, explaining the lowest bidder was Luke Brothers. He answered several questions from the Commission. Consent Item 4C - There was no discussion on this item. Minutes—City Commission Workshop May 28,2013 Page 4 Consent Item 4D—Mr. Carper explained the waiver request to allow a circular driveway, showing a slide of the property. He stated he recommended approval because he believes it is safer to be able to pull out straight into traffic this close to the corner than it is to back out into the traffic. Commissioner Woods stated they seem to be passing a lot of these requests and asked if the 100 ft. requirement is too much and should be backed down to 80 ft. Mr. Carper stated he would review his notes on this and see why they decided on the 100' requirement in the first place. Mr. Hanson stated part of the discussion was not wanting people to turn their entire front part of their lot into a parking lot, which was an aesthetics issue. Discussion ensued. Consent Item 4E—Finance Director Nelson Van Liere reported Harry McNally has stepped down from the Pension Board and Tim Saggau was previously interviewed by the BMRC and although not chosen at that point was selected as the second choice. He stated the Pension Board members elected to appoint him to that position. C. Resolutions Resolution No. 13-07 - Mr. Hanson summarized the resolution explaining this is to adopt the administrative issues related to the Defined Contribution Plans. Resolution No. 13-08 - Commissioner Daugherty explained the resolution. Commissioner Woods suggested changing the resolution under Section 2 to include some kind of time constraint and under Section 4 she does not believe the City Manager needs to be there. Commissioner Daugherty responded that he originally proposed to have under Section 2 that the meetings be held on the last Saturday of each month but staff said there may be scheduling conflicts and it is easier in resolution form to leave it open. Discussion ensued related to requiring the City Manager to attend and the location. Mayor Borno stated he does not believe they should tie up staff for town hall meetings and believes it is for the Commission to meet with the citizens; he does not believe the meetings should be held on Saturdays; and believes the meetings should be at City Hall. He further stated he believes the resolution hamstrings the future commissions. Commissioner Daugherty agreed to eliminate Section 4. Commissioner Beckenbach agreed it is a good idea for quarterly meetings, but they should leave out the City Manager and include City Hall. Mr. Hanson stated he will work with Commissioner Daugherty to make the changes before the next meeting. D. Ordinances 7A. Ordinance No. 20-13-123 —There was no discussion on this item. 7B. Ordinance No. 58-13-35 —There was no discussion on this item. 7C. Ordinance No. 58-13-36—There was no discussion on this item. 7D. Ordinance No. 58-13-37—There was no discussion on this item. 7E. Ordinance No. 90-13-216—This item was taken out of sequence and discussed earlier in the meeting. Minutes—City Commission Workshop May 28,2013 Page 5 7F. Ordinance No. 90-13-217—This item was taken out of sequence and discussed earlier in the meeting. 7G. Ordinance No. 20-13-122—There was no discussion on this item. 7H. Ordinance No. 95-13-106—Chief Classey summarized the ordinance and explained the specific changes. Commissioner Woods referred to pg 14, Section 4-11 (5) and suggested they eliminate it, stating it contradicts itself She also asked if on pg. 15 #8 they want some language that if they are impounded because of this the owner is responsible for all expenses. Chief Classey stated that is elsewhere in the ordinance. Commissioner Mark asked if they had considered limiting the number of dogs per household. Chief Classey stated it is not in the ordinance. Alan Jensen stated that has come up in the past and it could start world war 3. Discussion ensued. 7I. Ordinance No. 5-13-59—Chief Classey summarized the ordinance, explaining the proposed use of a special magistrate for dangerous dog hearings. Commissioner Woods asked if there is any language that the City would also have representation. Chief Classey stated it is not in the ordinance but their practice is to have that and they have typically had an attorney to represent the City's interest. City Attorney Jensen stated the Statute provides that the City Attorney at the Code Enforcement Board will either be the advisor to the Board or prosecute the cases and he was directed years ago to be the advisor to the Board so they have another separate attorney to prosecute the cases, which Suzanne Green has done for years. 7J. Ordinance No. 75-13-18 — Chief Classey summarized the ordinance stating we do not currently have any regulations on the books regarding the operation of taxi cabs in the City. Discussion ensued. E. Miscellaneous Business 8A. Agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center. This item was taken out of sequence and discussed earlier in the meeting. 8B. Appointments to the Cultural Arts&Recreation Advisory Committee. Commissioner Daugherty reported on the recommendations of the Board Member Review Committee. Discussion ensued. 2. Discussion of Non-Action Items on Commission Meeting Agenda for June 10,2013: A. City Manager's Follow-up Report/City Manager's Report Mr. Hanson reported on the issue of Pension Reform stating at the end of the legislative session there was no Pension Reform made. He stated the Laserfiche web link is now available to the public on the City's web site. Minutes—City Commission Workshop May 28,2013 Page 6 Mayor Borno stated he believes it is time to go with a special magistrate in lieu of the Code Enforcement Board and if everyone is in agreement he will work with the City Attorney on this. Commissioner Mark suggested moving non-controversial final reading ordinances to a special meeting before the workshops so they can vote on them. Discussion ensued. 3. Workshop-only Items A. Presentation by Langton&Association on benefits of hiring a grants consultant. This item was taken out of sequence and discussed earlier in the meeting. B. Assessment of decision-making styles. Commissioner Mark passed out the key to the exercise she proposed on decision-making styles and asked the Commission to complete the survey before the next Commission meeting so they can review it at that meeting. Commissioner Woods stated she was at the ceremony at Veterans Memorial Park and encouraged everyone to visit. Mayor Borno stated the next ceremony will June 14 for Flag Day. Commissioner Mark complimented Rick Carper and Chief Classey for their actions related to parking issues a citizen was having. 4. Public Input Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Dave Estes, 1275 Linkside Drive, suggested the Commission invest in a system to better amplify their voices at these workshops. He also expressed concern regarding the Selva Marina redevelopment and felt the representatives speaking tonight gave some non-answers in their presentations. He stated although the Club may not have any intention of installing any type of barriers/buffers at this time, it would be beneficial to the many homeowners in the future if this condition was in writing. He requested the following be added to the redevelopment plan: "The club shall not block or hinder the view that existing homeowners currently have of the existing, and the new redeveloped property, from the perimeter of the property. This would include any method of blocking or hindering the view, such as barriers, buffers, walls, nets, etc. This would also include the use of natural vegetative buffers such as shrubs and trees." He stated these property owners have paid higher than normal prices for their property simply for the view of the golf course and blocking or hindering that view would not only cause personal distress but would also devalue their property from a financial standpoint. He stated what he is concerned about is what they say they are going to do and what they actually do. He stated the Club does a good job of maintaining the property so it looks good to the members and showed slides of several areas of the golf course that the members don't see but the neighbors do that are not maintained. Minutes—City Commission Workshop May 28,2013 Page 7 Kevin Gartland, 1140 Seminole Road, representing his mother, Alice Gartland, discussed the Selva Preserve development stating three of the seven acres are wetlands and asked that the Commission include a conservation easement when they consider any approval of RS-1 zoning for that land. Susan Snead, 261 Beach Avenue, discussed trespassing issues in her neighborhood and related an incident during the weekend of Dancin' in the Streets where a couple walked through her neighbor's walkway and took a shower at their outside shower. She explained she called the police and related her dissatisfaction with what happened. She asked the Commission to look into what can be done about trespassers. Mark Tomaski, 448 Snapping Turtle Court West, suggested the Commission allow people to speak at the beginning of the workshops as well as at the end. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 8:54 p.m. Mike Borno Mayor ,fgavy_e_ Donna L. Bartle, CMC City Clerk