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8-10-15 MINUTES REGULAR CITY COMMISSION MEETING August 10, 2015 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tern Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of July 27, 2015. B. Approve the Minutes of the Town Hall Meeting of July 20, 2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd St., addressed the EPA stating they just poisoned a major river; stated he views the City as a profit-making business; and addressed the grants and eligibility. T.R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, stated he was here with Drew Frick, Vice President and General Counsel for Gate. He stated Gate is not proposing to shut down Beach Diner. He stated Gate bought the property subject to a lease which they intend to honor. He stated there is a question regarding the parking spaces required to be provided to Beach Diner, which they tried to resolve with Mr. Adeeb but were unable to so they have asked a court to answer that question. He stated Gate started working with the City of Atlantic Beach staff in January 2014 and were told in emails early last year that their proposed use is a permitted use in the CG zoning district. He stated in September, Gate told City staff that they needed a zoning confirmation letter in anticipation of its closing on the purchase of the property which they received on October 2. He stated it was consistent with what staff had told Gate all along, that its proposed use is permitted in the CG zoning district. Relying on those communications and specifically and explicitly in reliance on the zoning confirmation letter provided by the City of Atlantic Beach, Gate has spent more than $2 million toward the purchase and redevelopment of the property. He stated Gate's proposed use is a permitted use under the CG district; Gate's use consists of a retail outlet for the sale of food and other items and an automobile service station. He stated they are well aware of the Atlantic Beach Code's definition of a service station and the Gate station will include the sale of automotive fuel, oil and accessories and minor routine automotive servicing. He stated Gate cannot finalize its site plan until the question of the Beach Diner parking is resolved. He stated once that question is resolved, Gate will submit its site plan and August 10,2015 REGULAR COMMISSION MEETING Page 2 the details of its proposed use to City staff. He stated the proposed use will continue to comply with the CG district and all other provisions of the Code. Paul Eakin, 599 Atlantic Blvd., stated after hearing Mr. Hainline, he is glad that Gate is going to be providing minor automotive service, but that does not make them an automotive service station here in Atlantic Beach. He stated an automotive service station in Atlantic Beach, according to our codes, has to provide minor automotive repair. He stated an automotive service station has to provide both service and repair according to our code. He stated the minor automotive service is a defined term in our code and the minor automotive repair is not. He stated what might encompass minor repair is the City of Jacksonville's code. He stated since the City's Director of Zoning enjoys referring to the City of Jacksonville's Code he brought it with him and read the definition from that code. He stated what is being proposed by Gate is no more than a convenience store with the retail sale of fuel, which is clearly defined by our code in Atlantic Beach as a use-by-exception; it is not an automotive service station and it is not a permitted use. Sara Bess, 257 Belvedere St., stated she had a lease in the plaza they are going to tear down and she was given a 30-day notice to leave. She stated she was not given her security deposit back and in having to leave so fast she lost many customers; she is a hairdresser, and this has hurt her a lot. Stan Jordan, 501 Atlantic Blvd., stated he admires and applauds the Commission's public service. He stated in his opinion the City's existing ordinance stands and he doesn't believe they need to change anything. He suggested they define the ordinance to City staff and if it is as is, he would hope that they would solicit questions from them if there are any ambiguities as far as implementation. He stated as a policy body, it is the Commission's responsibility to pass the policy; it is administration's responsibility to carry out the policy. He stated it may need defining by the Commission or it may be in need of refining for clarification or better definition. He stated this is a critical decision for their future. He stated the decision they make here will be determined on judgment factors, which is why they are elected officials. He stated the Beach Diner needs practical parking; you can't just carve out little cubicles and think it is adequate. He asked the audience here in support of the Beach Diner's position to stand. Jessie Patel, 715 Atlantic Blvd., representing the Mobil Station, stated when they built in 2002 they were told that would be the last station that would be permitted in Atlantic Beach. He stated if Gate comes in that will be three gas stations within a 1/4 mile radius. He stated Atlantic Beach already has 10 stations; he doesn't believe they need any more stations. He stated they are killing so many businesses that are in that strip,just to bring one guy out. Denise Rubin,229 Pine Street, expressed concerns about the Gate station, including that it may be a 24-hour station selling alcohol and cigarettes and that will increase crime. She further stated she wanted it to blend in with the community instead of the bright red and white building. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Item 8D was taken out of sequence and acted on at this time. 8D. Discussion of proposed development at 535 Atlantic Blvd. Commissioner Mark stated she was concerned about the opinions that Gate has been given by our City staff and it is her understanding that any opinions given to date from our City staff to Gate are really informal opinions. She stated since Gate has not submitted any formal development plan or started the permitting process that would involve, that any discussions whether email or oral would be an informal opinion. She August 10,2015 REGULAR COMMISSION MEETING Page 3 stated whatever actions Gate has taken in trying to move this development forward is really on their own desire. She stated she believes, based on Mr. Hainline's comments tonight,that it would be incumbent for the City to provide something in writing stating that any of the correspondence or opinions given to date are considered informal opinions. She stated until Gate actually submits a formal site plan or begins the process, the City has not rendered any kind of formal opinion that Gate could rely on for whatever actions they have taken in the past regarding this property. She stated the City still does not know what Gate is going to propose and won't know until they actually do that. Commissioner Hill called for a point of order about Commissioner Mark's request. He stated he would like Commissioner Mark to state her relationship with a primary negotiator for Gate Petroleum for the public record. Mayor Woods stated she doesn't know how that is a point of order. She stated if someone else on the Commission wants to take his side, they can vote on whether it is a valid point of order. She stated it is not debatable though. Commissioner Daugherty stated he believes, in a situation like this, they should disclose any prior business they have had with anyone. Mayor Woods stated that may be something that needs to happen but she doesn't believe it is a point of order. She asked for a vote on whether it is a point of order or not. Commissioner Hill voted aye; all other Commissioners voted nay. Commissioner Hill stated it appears that they are negotiating from the dais an issue that is not inside of their scope yet, because no application has been given. He stated he believe the City Attorney was clear that until an application is given they shouldn't be negotiating from the dais. He stated they aren't acting as Commissioners yet and until a request has been made from the property owner they shouldn't be making these behind the scenes maneuvers. Discussion ensued. Commissioner Mark stated she did have discussions with the City Attorney about the legality of those opinions that have been written and was told that they are all considered informal opinions until Gate actually submits something that is a formal application or begins the permitting process. She stated what she is asking for is the confirmation that those are or have been information opinions so it protects the City as this proposed development goes forward. She stated she doesn't believe it is fair to Gate for them to continue on under misinformation as well. She stated she just wants that agreement that both parties have that understanding and believes it needs to be in writing. Commissioner Hill stated his concern is that the City Attorney made it more than clear to him that there is still attorney on attorney negotiation, which is the normal mechanism for this and both sides are still talking and we are not in it yet. He stated there is a process and tying our hands at this point in the process is probably not good for our citizens and our taxpayers. Further discussion ensued. City Attorney Komando stated he is not aware of any legal authority that would allow a staff opinion to trump what is in our Code. He stated he has expressed that to Mr. Eakin and to Mr. Hainline and Mr. Frick. He stated until we receive a formal application and a formal request for permit, there is nothing to analyze on our part as to what applicable code would govern that site plan. Commissioner Daugherty agreed this is premature because we haven't received anything. He disclosed that five years ago he worked for a company that negotiated a contract with Gate Petroleum, however, that contract never was implemented. Commissioner Mark stated she is not talking about what Gate is proposing, her concern is that she wants it clear that whatever correspondence that has been exchanged between our City staff and Gate's representative regarding anything to do with that property is all considered informal opinion. She stated as far as disclosure, she believes the disclosure is if you have a conflict where you could possibly have some kind of personal or August 10,2015 REGULAR COMMISSION MEETING Page 4 financial gain if you have some kind of relationship with one of the parties, which is something that would be disclosed at the time of a vote, or prior to a vote. She stated if that does apply to her in this particular case she will certainly be the first to make any disclosure. Commissioner Hill stated the reason it bothers him is that it is so early and he is not sure why they are trying to do all this maneuvering now. He stated they don't have an application in front of them. He stated they have their opinions on what is best for the community and believes they all have similar beliefs on what they would like to see in the community but that isn't the issue. Mayor Woods recessed the meeting at 7:12 pm. Mayor Woods reconvened the meeting at 7:16 pm. 3. Unfinished Business from Previous Meetings None. 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 the Public Works Monthly Project Report for July 2015. B. Approve the use of Line and Grade Contracting, LLC for Miscellaneous Concrete Repair for Atlantic Beach, piggy-backing off Jacksonville Beach's Contract 08-1314. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A and B as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 5—Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 15-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING A ZIP CODE BOUNDARY REVIEW BY THE UNITED STATES POSTAL SERVICE TO CHANGE THE LAST LINE OF THE ADDRESS FROM ATLANTIC BEACH TO JACKSONVILLE FOR PROPERTIES WHICH ARE NOT WITHIN THE CITY OF ATLANTIC BEACH. August 10,2015 REGULAR COMMISSION MEETING Page 5 Mayor Woods read the Resolution by title. Mr. Van Liere explained the reasons for the Resolution. Motion: Approve Resolution No. 15-07. Moved by Mark, Seconded by Daugherty Votes: Aye: 5—Beckenbach, Daugherty, Hill, Mark,Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No. 70-15-18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY AMENDING SECTION 20-82 ADDITIONAL HOMESTEAD EXEMPTION AUTHORIZED AND ADDING SECTION 20-82(b) TO AUTHORIZE AN ADDITIONAL EXEMPTION, AMENDING SECTION 20-83, ANNUAL ADJUSTMENT TO HOUSEHOLD INCOME; DIRECTING THE CITY CLERK TO PROVIDE A COPY TO THE DUVAL COUNTY PROPERTY APPRAISER'S OFFICE; REQUIRING A MAJORITY PLUS ONE VOTE OF ALL MEMBERS OF THE GOVERNING BODY TO BE EFFECTIVE, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 70-15-18 by title. She opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 70-15-18 as read. Moved by Mark, Seconded by Hill City Manager Van Liere gave an overview of the Ordinance. Votes: Aye: 5—Beckenbach, Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Grant Status Report by Langton Associates. Michael Langton, President of Langton Associates, reported on the grant submittals in 2015, stating two are still pending, as well as projects and grant programs they have identified to apply for later in 2015 and 2016. He and Mr. Van Liere answered questions from the Commission. Discussion ensued. Commissioner Hill brought up grants for Low Speed Vehicles and Mr. Langton stated he would like to meet with him on that. B. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 800 Sherry. August 10,2015 REGULAR COMMISSION MEETING Page 6 Building and Zoning Director Jeremy Hubsch stated he was presenting this item for Doug Layton. He summarized the waiver request stating Mr. Layton stated he had no reservations about the waiver. Terry Brown, 800 Sherry Drive, applicant, explained the reasons for his request stating they believe getting in and out of the driveway is a safety issue. He answered questions from the Commission. Terry Gause,THG General Contractors, the contractor for the project, further explained the project. It was the consensus of the Commission to move this forward to the next agenda for action. Mr. Hubsch answered additional questions from the Commission. C. Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1. Mr. Hubsch summarized the use-by-exception, showing slides of the proposed site, the proposed plan, the need for a use-by-exception, the concerns, the Community Development Board's recommended conditions, and the actions to be taken. He stated Dr. Green, the applicant, was available for questions. Dr. John Green, 519 Atlantic Blvd., further explained his request and answered questions from the Commission. It was the consensus of the Commission to move this forward to the next agenda for action. D. Discussion of proposed development at 535 Atlantic Blvd. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. • 90-Day Calendar (August through October 2015) Mr. Van Liere reported the first budget workshop is this Wednesday at 5:00 in the Chamber. He reported the Police Union negotiation meeting was held today and he will need to get with each of the Commissioners to discuss what they came up with to see if they are agreeable to it. He distributed a report that Chief Deal prepared on pedestrian and bicycle accidents/fatalities since 2009. Stated the Florida Recreation Development Assistance Program grant Mr. Langton referred to that he wants to send out this Friday is for the basketball court lights, sod and irrigation. He stated it has no City match. He asked for consensus that it is okay for Mr. Langton to file this. It was a unanimous consensus to move forward with filing the application for the grant. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beckenbach • Will not be here for the August 24 Commission meeting. August 10,2015 REGULAR COMMISSION MEETING Page 7 Commissioner Daugherty • Reported that Rose Park and the Dog Park are getting a lot of use and he would like to have the grassy area that is used for parking paved. Commissioner Mark • Will be in Orlando this Thursday, Friday, and Saturday for the Florida League of Cities Annual Conference. City Attorney Komando • Distributed a Community Development Block Grant (CDBG) Interlocal Cooperation Agreement between the City of Jacksonville and the City of Atlantic Beach to the Commissioners before the meeting, stating it is a strike through and underlined amendment that is required to be updated by the US HUD. He stated they just provided a notice that requires all local governments to update their agreements. He stated the modification to this agreement is a restriction that disallows local governments from taking that CDBG and disbursing it among other municipalities and governments. He stated the City of Jacksonville is under a tight deadline that they have to comply with for Federal regulations and he asked that it be put on the next meeting as an Ordinance for first reading. • He stated Commissioner Mark provided him with a copy of an email from Ms. Gay related to the dangerous dog issue. He stated Ms. Gay filed an appeal of her dangerous dog determination hearing which was unusual because she won the hearing. He stated he has been working with our special magistrate who is preparing the written document that will be filed in court in response to the appeal and will keep the Commission updated. Mayor Woods stated we do receive some CDBG money from Jacksonville and asked if this affects that agreement/relationship. Mr. Komando stated it doesn't affect the money we receive but it would restrict us from giving the money away. It was the unanimous consensus to put the Ordinance on the next meeting for first reading. Mayor Woods • Stated they are issuing a lot of variances for circular driveways and believes they should revisit the code related to that. • Suggested that they consider striping Main Street for bicycles and pedestrians so there is a clear delineation for the traffic patterns. • Related to the Salt Air subdivision's project, she suggested a Phase 2 to pipe in the ditches. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:03 p.m. C0.210p ATTEST: A 414lieti / 11/2Mt Carolyn Woods V Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk