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05-22-17 Minutes City Commission Meeting v MINUTES REGULAR CITY COMMISSION MEETING CITY COMMISSION MEETING May 22,2017- 6:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tern John Stinson City Manager Kevin Hogencamp Commissioner Mitchell R. Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Joanie Bowman Commissioner M. Blythe Waters 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 6:34 p.m. City Clerk Bartle called the,roll and Mayor Reeves noted that a quorum was present. 1. Approval of Minutes A. Approve minutes of the Regular Commission Meeting on April 10, 2017. B. Approve minutes of the Public Meeting on May 5, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of Floor to Visitors Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors and introduced Kevin Bodge as the first speaker. Dr. Kevin Bodge with Olson & Associates - Coastal Engineering Consultant, 236 12th St., updated the Commission about the beach renourishment and dune restoration projects. The Atlantic Beach portion was completed last weekend (May 14t). Dr. Bodge stated that approximately sixty thousand cubic yards of sand was used to restore the dunes to their pre-Hurricane Matthew condition. Additionally approximately one hundred eighty thousand cubic yards of sand was used on the beach in front of the dunes. The next part of the Atlantic Beach project will be the revegetation of the dunes, approximately during the last two weeks of June 2017. The dredging contractor has moved the equipment south to Jacksonville Beach and is currently working on that portion of beach and dunes. Dr. Bodge explained the beach portions of the project is co-funded by the Corps of Engineers, the State of Florida, and the City of Jacksonville. All of the dunes are the responsibility of the City of Jacksonville. Dr. Bodge answered questions from the Commission about the grain size of the sand, the difference in tide lines, building permitted walkovers for beach accesses, sand fencing, and maintaining the dunes. May 22, 2017 REGULAR COMMISSION MEETING A. Proclamation recognizing National Public Works Week. City Clerk Bartle read the Proclamation and Mayor Reeves presented the Proclamation to the Public Works Department. Interim City Manager Hogencamp introduced Public Utilities Director Kayle Moore and Interim Public Works Director Scott Williams to the audience and thanked them for the great work that they do. Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Donna Bartle called each Speaker to the podium. Nancy Whittington, 1861 Beachside Ct., Congratulated and thanked Public Works, spoke about the parking hours on 18`x' Street and thanked Mr. Hogencamp for reviewing the situation, and thanked Chief Vic Gualillo and the Police Department for their efforts in that area. Glenn Shuck, 104 Sylvan Dr., spoke about the denial of the appeal for the Gate Station. Mark Tingen, 1198 Sandpiper Lane E., thanked the City of Atlantic Beach for their part in the re- nourishment plan, and thanked the Police Department for their presence during Dancin' in the Street. No one else from the audience spoke. Courtesy of the Floor was closed. 3. Unfinished Business from Previous Meetings A. Public Hearing- 17-UBEX-417, Request for a use-by-exception as permitted by Section 24- 63, to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619, 625 and 645,Atlantic Boulevard in the Commercial General zoning district at 630 Sturdivant Avenue. Planner Derek Reeves, presented a slide show for plans to build a parking lot up to 13 spaces and explained the request for a use-by exception. Planner Reeves recommended approval. Mayor Reeves opened the public hearing. No one wished to speak, so Mayor Reeves closed the public hearing. Motion: Approve 17-UBEX-417 as read by title. Moved by Stinson, Seconded by Harding Discussion ensued and Commissioner Hill recommended amending the motion to include the requirements as read by Staff, numbers 1 and 2. Amended Motion: Amend the original motion as read by title,and include the requirements numbered 1.) A Wall, fencing, shrubbery or as otherwise required by the Community Development Board and the City Commission shall be erected along edges of portions of such parking, and 2.) No source of illumination for the parking area shall be directly visible from any window in any residence in an adjoining residential zoning district,be included in the motion. Moved by Hill, Seconded by Waters Commissioner Waters thanked the business owner for going above and beyond to provide more than the required parking. 2 May 22, 2017 REGULAR COMMISSION MEETING Mayor Reeves commended the business owner for providing the right lighting that does not affect the neighborhood in that area. Roll Call Votes: Aye: 5 Hill, Stinson,Waters,Harding,Reeves Nay: 0 AMENDED MOTION CARRIED 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 Monthly Recreation& Special Events Report for April 2017. B. Award the multi-year contract for Sulfur Dioxide for Wastewater Treatment Plant, Bid No. 1617-07, to Allied Universal Corporation at the bid price of$1,450.00 per ton for a term beginning July 1, 2017 through June 30, 2022. C. Authorize the Mayor to sign the HMGP Application and Agreement for FEMA 4283-DR- FL and allow city staff to manage the grant project as assigned by the city manager. City Clerk Bartle read the Consent Agenda. Mayor Reeves asked if any Commissioner would like to pull any item from the Consent Agenda for discussion. Commissioner Hill pulled 4A and Commissioner Stinson pulled 4B from the Consent Agenda. Motion: Approve Consent Agenda Item 4C as written. Moved by Hill, Seconded by Harding Votes: Aye: 5 Nay: 0 MOTION CARRIED UNANIMOUSLY Item 4A: Commissioner Hill spoke about the importance of a monthly verbal report from the Parks and Recreation Department or that the City Manager present a summary report. The Commissioners were in agreement that the information would be helpful. Mayor Reeves stated that it could go under the Committee Reports section on the agenda. Commissioner Stinson explained that in discussions with the Board Member Review Committee on improving the process, each board chair expressed that they would like to address the Commission and give reports quarterly or semi-annually about what their committee is doing and this would satisfy the Commission's request. 3 May 22,2017 REGULAR COMMISSION MEETING Motion: Approve 4A as written. Moved by Hill, Seconded by Harding Votes: Aye: 5 Nay: 0 MOTION CARRIED UNANIMOUSLY Item 4B: Commissioner Stinson inquired about Consent Agenda item 4B; the award for the bid for Sulfur Dioxide. Director of Public Utilities Kayle Moore explained the issue is due to supply and demand for this chemical. Commissioner Stinson stated that if we only have one source for a product we are probably paying a premium and may not be getting the best price. Director of Public Utilities Moore explained that last year the bid was advertised to nine (9) different companies and the City did not receive any bids. Allied Universal Corporation was the current supplier and they agreed to a one- year extension last year with a slight cost increase. This year the bid was advertised to six (6) different companies and Allied was the only bid that responded. Their bid was higher and they are agreeing to a multi-year term. Mr. Moore answered questions by the Commission regarding the bid process and finding more respondents. Motion: Approve Consent Agenda 4B. Moved by Stinson, Seconded by Waters Votes: Aye: 5 Nay: 0 MOTION CARRIED UNANIMOUSLY 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 90-17-227, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.41 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.41 ACRES FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR A NEW INTERNAL ACCESS ROADWAY, EXPANSION OF STORMWATER RETENTION FACILITIES, SANITARY SEWER LIFT STATION, NATURE TRAIL, AND CONSERVATION AREA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; 4 May 22, 2017 REGULAR COMMISSION MEETING REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Planner Reeves presented a slide show as he explained Ordinance No. 90-17-227 and his recommendation to approve it. Mayor Reeves opened the public hearing. No one wished to speak, so Mayor Reeves closed the public hearing. Motion: Approve Ordinance No. 90-17-227 as read. Moved by Harding, Seconded by Stinson Commissioner Stinson thanked the applicant for listening to the residents' conversations and for the changes made and wished him luck. Mayor Reeves thanked everyone that was involved in this project and wished them the best. Roll Call Votes: Aye: 5 Stinson,Waters,Harding, Hill, Reeves Nay: 0 MOTION CARRIED B. Ordinance No. 20-17-144,Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE DATE. Finance Director Russell Caffey explained his staff report and recommendation to approve it. Motion: Approve Ordinance No.20-17-144. Moved by, Stinson, Seconded by, Hill Commissioner Stinson stated that the substantial increase comes from things that are above and beyond the normal course of business for our City Attorney and the City of Atlantic Beach, i.e. the Gate Gas Station and Cloister disputes. This is not expected to be a continued pattern. Roll Call Votes: Aye: 5 Waters,Harding,Hill, Stinson,Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. 17-UBEX-497, Request for a use-by-exception as permitted by Section 24-111(c)(3), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code 703 Atlantic Boulevard Unit 707. Planner Reeves explained his request for a use-by-exception as he presented a slide show. He said the proposed business will be conducting group painting classes and the customers can bring their own food and beverages, including alcoholic beverages, which requires approval for on-premises consumption of alcohol. Mr. Reeves stated the Community Development Board approved this on May 16, 2017. His recommendation is to move the item to a Public Hearing and answered questions from the Commission. 5 . May 22, 2017 REGULAR COMMISSION MEETING Discussion ensued about alcohol consumption at the business, state regulations and licensing requirements. Planner Reeves explained that the business is required by the State to obtain a Bottle Club license which permits the customers to bring alcoholic beverages for consumption on-premises. Also when alcohol is present the events will be limited to customers 21 years old and up. Consensus to move item forward to a Public Hearing on June 12,2017. B. WAIV17-0001, Request for a waiver as permitted by Section 17-52 to allow a sign partially in the public right-of-way requiring Commission approval by Section 17-42(13) and to increase the maximum sign height from 8 feet as required by Section 17-29(c)(1)to 12 feet at Saltair Section 1 Lots 765 and 766 (aka 617 Atlantic Boulevard). Planner Reeves explained the request for a sign waiver as he presented a slide show. This is for an existing non-conforming 12 ft. height sign located at Monahan Jewelers. The applicant began remodeling this sign, without required permits, resulting in a Stop Work order. Due to the existing non- conformities, the permitting process will ensure compliance to the Florida Building Code and sight line requirements. He explained his recommendation to move the item to a Public Hearing and answered questions from the Commission. Discussion ensued about requesting the applicant to show a cost estimate for bringing the existing sign into compliance, obtaining an engineering study, concerns for sight line and right-of-way, landscaping requirements, and consistency with the code. Also the applicant was commended for making several improvements to the property, including the building and the parking lot. It was suggested that the applicant provide a cost estimate and an engineering study. Consensus to move item forward to the next meeting. 9. City Manager Reports A. City Manager's Report Interim City Manager Hogencamp explained his staff report. 1.) City Manager Recruitment process. 2.) Memorial Day Ceremony at Beaches Veteran's Memorial Park- 9:00 AM 3.) Acoustic Night at Bull Park- 6-8:00 PM 4.) Sea Turtle Conservancy in the City Commission Chamber- 10:00 AM 5.) City Commission and the Community Development Board Joint Workshop. 6.) Recreation and Cultural Arts presentations. B. 90-Day Calendar(June 2017 through August 2017) Consensus to accept the 90-Day Calendar. 6 • May 22, 2017 REGULAR COMMISSION MEETING 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters • Addressed rumor mongering, and Commissioner Waters stated she did not file an ethics complaint against Commissioner Harding. • Addressed 2nd rumor, wherein she was in favor of finding a way to open a gate at the end of Hanna Park without having citizen involvement. Commissioner Waters stated she is not doing this. Commissioner Harding • Thanked Commissioner Waters for addressing the rumor of an ethics complaint and asked that the rumors stop. • Thanked the Public Works Department for the scenic overlook at the end of Sixth Street. He is looking forward to getting the sunshade structure on Sunset Pier. • Thanked the Commissioners and the staff for coming to the Florida League of Cities meeting at the Atlantic Beach Country Club. Commissioner Hill • Apologized for his absence from the Florida League of Cities meeting and thanked the Commissioners for their representation. • Disappointed in the drama happening in the City. • Inquired about the Gate ruling and would like to get additional information from staff or the City Attorney. Commissioner Stinson • Commented on the drama that is plaguing the City. • Requested that the City Manager have the Sea Turtle Patrol provide a monthly report about the nestings and hatchings through the seasons. • Informed the residents that if they have concerns about traffic, speeding, etc., to please contact the Police Department. They are extremely responsive and will address your concerns the best they can. • Spoke about addressing short-term rentals within residents' homes and explained that it is not allowed. • Welcomed Mayor Borno and was glad to see him out and about and walking around. City Attorney Durden • Provided an update on the Gas Station Moratorium that ends August 22nd and will bring some provisions in June or July. Depending upon the notice requirements it may need to be extended. Investigation is ongoing. • Responded to Commissioner Hill's comment regarding the Gate Gas Station and a letter that was received by the City Clerk's office. Ms. Durden explained it is a very serious matter and not taken lightly. City Attorney Durden read her response into the record, which addressed the request for a right of appeal to the City for an issued building permit. Ms. Durden explained the notice of appeal was not authorized and the request for a public hearing before the City Commission is denied, in accordance with the Florida Statutes and Atlantic Beach City Codes. Ms. Durden stated she would be happy to provide the Commission with copies of the letters and emails regarding this, as they are public record, and believes it was the right decision. Mayor Reeves inquired about an update on the Cloisters. City Attorney Durden explained there was no notice of hearing placed on the court's docket currently. 7 May 22, 2017 REGULAR COMMISSION MEETING Mayor Reeves • Spoke about how enjoyable the Florida League of Cities meeting was at the Atlantic Beach Country Club. • Spoke about the success of Dancin' in the Street. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 8:36 PM. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer sa61~44.- Donna L. Bartle, CMC City Clerk DLB/njp 8