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12-14-15 Minutes MINUTES REGULAR CITY COMMISSION MEETING December 14, 2015 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Rich Komando Commissioner Jimmy Hill City Manager Nelson Van Liere Commissioner John Stinson City Clerk Donna Bartle Commissioner M. Blythe Waters Recording Secretary Nancy E. Bailey ABSENT: Commissioner Mitchell R. Harding Invocation and pledge to the flag Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30 p.m. City Clerk Bartle called the roll; Commissioner Harding was not in attendance. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of November 23, 2015. B. Approve the minutes of the Commission Workshop of November 23, 2015. C. Approve the minutes of the Special Called Commission Meeting of December 1, 2015. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. He explained the process for public comments. Mayor Reeves explained, although not on the agenda, he had prepared a Proclamation for Commissioner Hill for his assistance in the recent house fire, which the City Clerk read and the Mayor presented to Commissioner Hill. Commissioner Hill thanked everyone and said he could not have done this without the assistance of two of the law enforcement officers who helped him with the hose. He stated this Proclamation is for them and he will let them know. Ellis (E.T.) Fernandez, 890 Beach Avenue, spoke against the opening of the south gate at the Cloister, stating he believes there is an easy resolution to this problem and asked that the Commission put this on their radar. T.R. Hainline, 1301 Riverplace Blvd., stated he was representing the Gate Petroleum. He responded to the statements made by Barry Adeeb and others at the last meeting about the proposed Gate Station. He stated City staff is rightly and professionally focused on the Code and its requirements; it is not staff's job to help Mr. Adeeb negotiate parking with his landlord above the Code requirements. He stated Gate plans to December 14,2015 REGULAR COMMISSION MEETING Page 2 continue to let your staff and the plan review process move forward with objectivity and professionalism as they have done. Russ Ervin, Ervin, Lovett and Miller Architects, 1035 Kings Avenue,Jacksonville, architect/designer for Gate. He explained previous projects his firm has completed with the charge being to blend the architecture and design into the community and the neighborhood. He stated their charge here is to blend the Gate store into the Atlantic Beach community. J. Bradford Davis, Prosser Inc., 13901 Sutton Park Dr., Suite 200, Jacksonville, stated he is the civil engineer on the Gate project. He stated Gate intends to meet all of Atlantic Beach's Code provisions. He addressed the Gate site plan, which was distributed to the Commission, and explained their plans for the station. He stated they will be making their second submittal and addressing staff's Code shortly. He further stated beer and wine sales will not occur in the hours according to Code, which he believes is 2:00 a.m. — 7:00 a.m. Mike Kinnard, 2222 Destine Lane, stated he is currently a store manager for Gate. He stated Gate invests in their labor and is proud of their customer service. He read an article from their company newsletter, which was written by a customer relating an experience of excellent customer service; stating he chose this article because it was about his store. John Peyton,823 Waterman Rd. N.,Jacksonville, gave background on Gate and on the purchase of the site for their station. He clarified some concerns Barry Adeeb and others had. He stated they do not have a problem with the diner; in fact, they intend to co-exist with the diner. They intend to provide the required Code parking for this site. He commended staff for being extraordinarily professional and believes the Commission has been very diligent in exercising restraint, being pulled into this issue. He stated Gate is not going to settle this dispute in the media; they don't comment in the media. He stated they are not going to respond to the misinformation that has been generated on social media, or inflammatory slogans printed on t- shirts. Curtis Hill, 980 Ocean Blvd.,addressed the Cloister gate stating he is concerned due to safety issues. Chris Jorgensen, 92 W. 3rd St., addressed the tree lighting and thanked Pete's bar for getting the Clydesdales to come. He also addressed the flood and emergency preparedness as well as the house fire, a sidewalk on 8th Street, and stated the Bennett property is a good buy. Maria Mark, 1148 Linkside Drive, spoke in support of the Community Redevelopment Area stating she is glad this Commission is moving forward with this. She also expressed her deep interest in serving on the TAC. Jolyn Johnson,2322 Beachcomber Trail, congratulated the Commission and thanked them for their service. She stated she believes they will have meetings that are conscious, respectful and gracious. Saswata Roy, 90 Ocean Blvd., addressed the Cloister gate opening, stating he is concerned about the safety of doing this. Genevieve Fletcher, 2822 Sydney Street, Jacksonville, spoke in support of the acquisition of the Bennett property. She also stated she doesn't believe the Gate gas station fits in with our community character. December 14,2015 REGULAR COMMISSION MEETING Page 3 John November 271 East Coast Drive, attorney for the Bennetts, reported on the progress on the Bennett property stating there has been an extension for the closing date until January 15. He stated the last chance to make the decision to purchase the property will be January 11. Lorraine Smith, 112 Poinsettia St., congratulated the new members of the Commission. She stated she lives behind the Gate property and is concerned about safety due to the traffic. Peyton Hopkins, 957 13th Ave. S., Jacksonville Beach, stated he wonders if Atlantic Beach needs the Gate service station and believes there is a safety issue. No one else from the audience spoke, so Mayor Reeves closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Mayor Pro Tern Appointment. Mayor Reeves stated he was going to make a motion to appoint Commissioner Hill to serve as Mayor Pro Tem. Motion: Appoint Commissioner Jimmy Hill to serve as Mayor Pro Tem. Moved by Reeves, Seconded by Waters Mayor Reeves stated he believes they need a Mayor Pro Tern who wants to be involved in the community and Commissioner Hill assured him that he would commit the time. Votes: Aye: 4—Hill,Stinson,Waters,Reeves Nay: 0 MOTION CARRIED Mayor Reeves stated, with that said, it opens up another appointee for the Board Member Review Committee. He asked the other Commissioners if any of them would like to take over the Chair of the Board Member Review Committee and if they are interested to give their name to the City Clerk so he can appoint someone at the January 11 meeting. Commissioner Hill stated if the Commissioners had any questions he would answer them. He stated it was a very good process and is a super important process for the City. He stated vacating it was a tough decision; you look at a lot of talented citizens who have a lot of input and it is a tough decision sometimes. He stated it isn't super time consuming but is really an important appointment. B. Creation of a Community Redevelopment Agency (CRA) Technical Advisory Committee (TAC)and Appointment of Members. Building and Zoning Director Jeremy Hubsch explained the Technical Advisory Committee. He stated their charge is to represent the community; provide input and refinement for the plan; assist in the evaluation of boundaries; participate in Community Workshops; recommend the draft plan to the Commission; and identify issues. He stated staff has picked five representatives to be on the TAC from the Jacksonville Chamber Commerce, the Florida Department of Transportation, the Navy, Fleet Landing and Beaches Habitat that they believe are community stakeholders. Those, along with each Commissioner choosing 2 people, will make up the Committee. December 14,2015 REGULAR COMMISSION MEETING Page 4 Mayor Reeves asked for a motion to create the Committee. Motion: Create CRA Technical Advisory Committee. Moved by Stinson, Seconded by Hill Commissioner Hill expressed his concerns about a CRA, explaining why he is not convinced it is a fit for this area. Mr. Hubsch explained this TAC does not commit the Commission to actually forming a CRA. Discussion ensued. Mr. Hubsch answered questions from the Commission. Commissioner Waters expressed concern that the Commission has made past efforts to involve citizens to get input and ask what they want and the Commission has not followed through. She stated she has talked to business owners and stakeholders in that corridor who believe the City is doing lip service. She stated if they do this, they need to follow up and what is that costing us. She stated it is great to get the visioning and ideas but she does not believe they can do nothing with it, even if the CRA isn't how they deal with it. She stated she believes they need to begin to move forward whether it is zoning changes, etc. because she believes a lot of these people believe the Commission has asked for the input in the past and we put some palm trees down their median. Further discussion ensued. Commissioner Hill stated he would like Mr. Hubsch to complete a review of the use ordinance for that area. Mayor Reeves suggested he put this on the agenda under discussion items for the next meeting, which is due by December 23. Commissioner Stinson expressed concern about the possible attrition of the Committee and they may be disappointed with the outcome. Votes: Aye: 4—Hill, Stinson,Waters,Reeves Nay: 0 MOTION CARRIED Mayor Reeves asked the Commission to state their nominations for the TAC. Commissioner Waters: Wanda Martin and Brian Burke Commissioner Harding submitted his recommendations by email which the City Clerk read. Michael Townsend and Attillio Cerqueira Commissioner Stinson: Richard Parkes and Dara Gourley Commissioner Hill: Stated he was not prepared to give names because he has not gotten confirmation and doesn't want to put them on the Committee until he gets it. Mayor Reeves asked what is the affect of moving this to January 11. Discussion ensued. Mayor Reeves asked for a motion to defer until January 11. Motion: Defer to January 11. Moved by Hill, Seconded by Stinson Votes: Aye: 4—Hill, Stinson,Waters,Reeves Nay: 0 MOTION CARRIED December 14,2015 REGULAR COMMISSION MEETING Page 5 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 Projects Status Report as of December 1, 2015 and the Financial Report for October 2015. B. Approve the award of Bid No. 1516-04 - Utility Contractor, Annual Service Contract to Limbaugh Electric and B&G Refrigeration. Commissioner Hill pulled Item B. Motion: Approve Consent Agenda Item A as read. Moved by Waters, Seconded by Hill Votes: Aye: 4—Hill,Stinson,Waters,Reeves Nay: 0 MOTION CARRIED Commissioner Hill stated since this is a large contract he would like to defer this to January 11 when they will have a full Commission and he can do more research on it. Motion: Defer Item B until January 11. Moved by Hill, Seconded by Stinson Commissioner Waters asked what the concerns were about the bid. Mayor Reeves stated his concern was that it is such a large contract and it comes to him as a surprise that they only got two bids. He stated he would like to see a spreadsheet that states the prices each company bid, while also listing those that were contacted but did not submit bids. Deputy Director Public Works Kayle Moore explained the bid was sent to 8 companies and they only received two bids. He stated this is the second time this bid came up, with the first bid having no bidders. Further discussion ensued. Mr. Van Liere also explained the bid process and why they had so few bidders. Commissioner Hill stated he believes they are approaching the need for a City electrician, which is something he wants to look at before the next meeting. Votes: Aye: 4—Hill,Stinson,Waters,Reeves Nay: 0 MOTION CARRIED 5. Committee Reports Mayor Reeves stated he would combine these two items and vote on them as one motion. A. Appointments to the Community Development Board December 14,2015 REGULAR COMMISSION MEETING Page 6 B. Appointment to the General Employees' Pension Board of Trustees City Clerk Bartle explained the Board Member Review Committee's recommendations for the five vacancies on the Community Development Board, two regular members and two alternates, as follows: Reappoint Linda Lanier and Patrick Stratton to serve an additional term as regular members on the Community Development Board for terms ending 12/31/2017; appoint Richard Reichler as a regular member of the Community Development Board for the term beginning January 1, 2016 and ending December 31, 2017; appoint Steven Mandelbaum as an alternate member of the Community Development Board for the term beginning January 1, 2016 and ending December 31, 2017; appoint Judy Workman as an alternate member of the Community Development Board for the term beginning January 1, 2016 and ending December 31, 2017. She stated the Board's recommendation for the one vacancy on the General Employees' Pension Board was to reappoint Alan Gleit to serve an additional term on the General Employees' Pension Board of Trustees. Motion: Accept the Committee's recommendations. Moved by Hill, Seconded by Waters Votes: Aye: 4—Hill, Stinson,Waters, Reeves Nay: 0 MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-15-135 -Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015 FOR AMENDING THE GENERAL EMPLOYEE PENSION BUDGET TO PROVIDE FOR INCREASED RETIREMENT DISTRIBUTIONS, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 20-15-135 as read. Moved by Waters, Seconded by Hill Votes: Aye: 4—Hill, Stinson,Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) December 14,2015 REGULAR COMMISSION MEETING Page 7 Mayor Reeves stated this section is discussion only and there is no action taken and he will start this section asking if there are any items a Commissioner wants to add to this discussion tonight. He stated he wants to prevent them from having to use their comments at the end of the meeting. Commissioner Stinson stated he would like to add a brief discussion about the Cloister gate. Mayor Reeves stated they will put that under Item C. Commissioner Hill stated he would like to add the process for changing traffic pattern and flow in any intersection in Atlantic Beach. Commissioner Waters stated she will address the 12 Street sign during Commissioner Hill's item. Mayor Reeves stated they will add those two items. A. Request for use-by-exception (15-UBEX-1069)to permit establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, etc. within the Light Industrial and Warehousing(LIW)Zoning District at 325 Mealy Drive. Planner Derek Reeves gave a slide presentation explaining the use-by-exception. He stated the Community Development Committee voted 6-0 to recommend approval with two conditions: repair of vehicles occur only within the building; and no vehicles be parked or stored on the adjacent right-of-way. He stated the applicant was in the audience and available for questions. Mayor Reeves asked the applicant if he would like to speak to the Commission. Chris Calkins, A+ Towing, 2152 Mayport Rd., explained his background and his proposed business including the reason for his request for the use-by-exception. He answered questions from the Commission. Mayor Reeves stated he wanted to go on record regarding how cars on City property can be towed from City rights-of-way and a form written out by Mr. Calkins' drivers, that gives a badge number that does not exist, for the dispatcher to notify the department that those cars were stolen. He stated there were six cars and that concerns him and tells him a little bit about the kind of business person Mr. Calkins may be. He stated if that has changed that is okay, but he just wants to make sure that these cars are not going to be on that lot and we are not going to have an issue. He stated he would like staff to look into our wrecker service because we need to tighten those rules a little bit. He stated he wants to make sure the businesses we have come into Atlantic Beach are ace number one, no complaints. Mr. Calkins explained that was the first week they were on at Ragtime when that happened and all of those cars' owners were refunded. Mayor Reeves stated his biggest concern is that he is not on our City's list and there is a reason why; and that concerns him with the wrecker side of the business. He stated the mechanic side, he believes is exciting, but he has a little issue with the wrecker side. Further discussion ensued. Mr. Calkins answered more questions from the Commission. Commissioner Hill asked if they could put conditions on specifically containing environmentally hazardous materials. He stated there are ditches that go straight to the Intracoastal on all side of the property. Mr. Hubsch stated that is something staff can look into before the next meeting. He stated he believes the DEP may have a permit that could address that. It was the consensus of the Commission to move this forward to the next agenda for action. B. Bennett Property. City Manager Van Liere explained the options for what they could do with the building if they purchase it, as stated in his staff report. He stated the options and approximate costs of each are: Option 1. Raze the house and restore to green space- $5,000 to $10,000. Option 2. Raze the house and build a Community Center- $600,000 plus 50,000/yr. Option 3. Remodel the house and use it to house a resident security officer- $20,000. December 14,2015 REGULAR COMMISSION MEETING Page 8 Option 4. Split the property, develop the open area as part of an access to the park and sell the house with all proceeds used for park development- $0. Mr. Van Liere stated his preference, if they buy the property, would be to take the house down as quickly as possible so they don't have to secure it or maintain it. He stated they could then take their time to decide what amenities the community on that side of town would like to have in their park. Commissioner Hill explained why he would prefer Option 4. Commissioner Waters explained why she would prefer Option 1. Commissioner Stinson suggested razing the property, splitting the property and selling it off and offering one of our local developers the incentive to build a new home there. Discussion ensued. Mayor Reeves stated his concern is what are they going to do with it and what is the cost in the future to take care of it. He stated we have some maintenance and repairs in our existing parks to take care of and he doesn't know if we are ready to take on more responsibility. He stated they are going to have to make a decision January 11 if they are moving forward. He stated there is a provision in the agreement that they can back out with no penalties if they don't go to closing. Further discussion ensued. Mr. Van Liere asked if there is a waiting period, when you do a short sale, before we could put the house on the market. Mr. Komando stated he has heard that from Mr.November but he is not a real estate attorney. John November, 271 East Coast Drive, stated in the deed it states grantee is prohibited from conveying captioned property from any sales price for a period of 30 days from the date of the deed; after the 30 day period, grantee is further prohibited from conveying the property for a sales price greater than $239,700 until 90 days from the date of this deed. Regarding the $32,000 grant, Mayor Reeves asked the City Manager or Mr. November, if they sell the property, does that grant change. Mr. November stated he did not believe so because it would still go toward the purchase price of the entire property. He stated they are still keeping the majority of the property for a park. Mr. Van Liere stated the best person to ask is the grantor. Mayor Reeves stated one thing they came up with tonight is that they have questions and believes they need to ask the City Attorney to answer the questions before the January 11 meeting. He asked that if the Commissioners have any other questions to let the City Manager know so he can ask the City Attorney. Commissioner Waters stated they need to give the City Attorney a list of questions and a date they want them answered by. Mr. Komando stated he appreciated that. Commissioner Waters stated they want to know how soon they can sell the property and at what cost. Mr. November stated they need to contact Fannie Mae directly and tell them they are thinking about selling a portion of the property and ask them if it would be allowable to sell a portion for less than the amount in the deed after 30 days. Mr. Komando stated it is hard for him to give an opinion on a document he has never seen and he has not seen the deed. Mayor Reeves stated he appreciates Mr. November providing the City with this information but believes they need guidance from our City Attorney to direct them. Commissioner Hill stated they also need answers on the Grant requirements. Commissioner Waters stated the City Attorney is not going to answer that question, it is outside his purview. She asked who is applying for the grant. Mr. Van Liere stated the Public Works Department put the grant together; they will get the information from Mr. Layton and let the City Attorney review it. C. Cloister Gate Update. Commissioner Stinson reported on the issue of the Cloister gate, stating a meeting between the various parties was promised and they have not met that expectation. He stated they need to bring these parties back December 14,2015 REGULAR COMMISSION MEETING Page 9 together and work toward a solution. Discussion ensued. City Manager Van Liere stated since the gate has been opened by the Cloister, he made the decision to put a stop sign at the gate until they have a debate at the meeting, but it was not an endorsement of a position of the gate being opened or closed. Further discussion about the appropriate sign ensued. Commissioner Hill stated he wanted to go on record stating his intention is to leverage both parties to an equitable solution,which is an entrance-only gate there, for safety reasons. Commissioner Stinson further clarified his discussions with the City Manager regarding the meeting was to bring together the Cloister Association president, interested parties from outside the Cloister, and a representative from the apartments at the end of 10th Street, so each party could talk about what they need and why they need it. Mayor Reeves suggested that Commissioner Stinson take the lead on that along with the City Attorney and City Manager. Further discussion ensued. It was the consensus of the Commission to have Commissioner Stinson, Chief Deal, City Manager Van Liere and City Attorney Komando facilitate a meeting on January 7 at Adele Grage and report back to the Commission on January 11. Further discussion ensued. It was also agreed that the City staff will install a temporary right turn only sign at the gate in the interim. D. Process for changing traffic pattern flow. Commissioner Hill asked when there is a significant traffic flow problem in the City that it be reported to the Commission so they can answer citizens' questions. Commissioner Waters asked how they determine when and where stop signs go up. Chief Deal explained why the stop sign was put up on 12th and East Coast. Discussion ensued. Commissioner Hill also asked that staff address the sidewalk at the house under construction on 8th and Sherry. He stated they have removed all of the sidewalk and directed all traffic out onto Sherry Drive, which is a safety hazard. Mr. Van Liere stated he will have Chief Deal and Building Inspector Dan Arlington check on that. Item 10 was taken out of sequence and acted on at this time. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Merry Christmas and Happy New Year. Commissioner Stinson • Merry Christmas. • Reported on the FLC dinner at Mayport NAS. • Stated, regarding the Cloister issue and any other issue that brings a lot of energy into our City, remember we are all neighbors and all live in the same City and want the same thing, which is a great quality of life and a lot of safety for our children to be raised. Commissioner Hill • Expressed his thanks for the Proclamation. City Manager Van Liere • Asked Mr. Layton to update the Safe Routes To School Program project on the website. He stated they received word that the DOT has moved the construction of that project out to 2019. • Merry Christmas and Happy New Year. December 14,2015 REGULAR COMMISSION MEETING Page 10 Commissioner Waters • Thanked Beam for providing some relief for the citizens in Aquatic Gardens. Mr. Van Liere stated he spoke to Beam and they can only help with things like utility bills, rent, and assistance with some food; but they are not reconstructing people's apartments, etc. Commissioner Hill asked that Mr. Van Liere reach out to the gentleman who spoke about the truckloads of furniture he delivers and see if he can tie them in to this(Peyton Hopkins). • Merry Christmas. City Attorney Komando • Reported Kathy Gay's appeal in the Circuit Court was dismissed and she is now appealing that to the First District Court of Appeal. • Merry Christmas and Happy New Year Mayor Reeves • Reported the lighting of Christmas tree went very well with a great turn out. • Stated Mayor Borno's church is going to help those people that need some more construction. He stated he will need Mr. Van Liere's help to have the neighborhood surveyed to see what houses need construction work done inside so they can send someone over to do some estimates. 9. City Manager A. City Manager's Report. • 90-Day Calendar(December 2015 through February 2016) Mr. Van Liere reported they will add the meeting with the Cloister on January 7 to the calendar. Mayor Reeves stated the Commission will have to take new group pictures again and the City Manager will inform them of the date and time. Commissioner Stinson reminded the Commission that there is a Town Hall meeting on January 9 at Jordan Park. Mayor Reeves stated he has a public meeting on December 16 with Commissioner Stinson in the conference room. 10. Reports and/or requests from City Commissioners and City Attorney This item was taken out of sequence and acted on earlier in the meeting. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 10:27 pm. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer "NP01144.„,0, 07)401. Donna L. Bartle, CMC City Clerk