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Draft minutes 07-24-06 vMINUTES REGULAR CITY COMMISSION MEETING July 24, 2~a~ CITY HALL, 810 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Ronald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Boma City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner Jamie Fletcher Call to OrderlPledge Mayor Wolfson called the meeting to order at 7:18 p.m, The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Waters. Mayor Wolfson acknowledged. former Mayor Suzanne Shaughnessy and City Council Member Art Graham in the audience. Approval of Minutes 1 _ Appr©Val of the minutes of the l7egul~r Commission Meeting an July 10, 2006 Mayor Wolfson noted a typographical error on page 2, in the fourth paragraph, on the third line and suggested replacing the ward "slip" with "slippery". Commissioner Simmons suggested additions to the minutes regarding Item 8A, Use- by -Exception for Freebird Cafe as follows: 1) note that a map of the property showing a new strip mall in front of Bailey's was distributed by the Bailey brothers, 2) add language indicating expressed support andlor apposition from the Commissioners, and 3) add language explaining that the new information provided to the Commission prompted additional parking concerns and was instrumental in the Commission deciding to defer action on the request that evening. Mayor Wolfson explained that staff could listen to the tape and elaborate on the topic as suggested. Commissioner Simmons agreed to let staff make the changes to the minutes without bringing it back to the Commission for approval again. Nation: To a rove the minutes mf the R ar Commission Meetin on Ju 24 2006 as amended. 1Vloved by Commissioner Simmons, seconded by Commissioner Waters Votes; Aye: 5 - Sorno, Fletcher, Simmons, Waters, Wolfson l~ld3': 0 M©TIQN CARRiE1) July 24, 2~(}G FtE(:UL,AR C~FJMNi1SS1~IV MEETING Page 2 Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Proclamation for Florida Water, Wastewater and Systems fperator Week Mayor Wolfson presented. a Proclamation to City employee Mike Fields in recognition of Florida Water, Wastewater and Systems Operator W eek, which will be observed August 2 through August 1 1, 2406. Mayor Wolfsan read the Proclamation in its entirety. Mayor Wolfsan thanked Mr. Fields and Public Utilities Director Donna Kaluznialc. The Mayor opened the floor to Courtesy of the Floor to Visitors. Alaan W. Potter, 374 2°d Street, addressed Item 8 (B c4~ C}. Mr. Patter expressed concerns regarding plans for the Hopkins Creek Retention Facility and urged the Commission to not support the plans to acquire the land and vote it down once and for all. Pat Pillmore, 90S Camelia Street, addressed Section H (Marsh Oaks} concerns and expressed hope that a1.1 of Atlantic Beach, not just select areas, will benefit from long range City planning. Mrs. PilYmore stated her intent to reside in Atlantic Beach forever. Unfinished Business 3. Cnfinished Business from Previous Meeting from Previous Meeting A. City Manager's Fallow-up Report City Manager Jim Hanson reported that the recently installed postal box at Mandalay Park is now available for gublic use. Mayor Wolfsan expressed he has noticed high utilization already. Commissioner Bamo expressed concern with the "Wrong Way" sigt. He explained it to be confusing at its current location and suggested that the sign be relocated closer to the tree side. Jim Hanson agreed to leak iota it. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and iJtility Sales Report for June 2U(IG (City Manager) B. Award the annual contract far Electrical Troubleshooting, Repair and Installation to Brooks Limbaugh Electric Co., Inc. at the rates listed in Bid No. U506-15 (City Manager) G Extend the contract with Surface Management for street sweeping for one year to expire on July 31, 200? at the current cost, which is $20,?35.00. D. Extend the Contract with Cintas for Uniform Rental and Cleaning for City Employees for one year to expire on July 31, 2007 at the curreut cost, which is estimated at 59,500 (City Manager) E. Extend the contract with Bluewater E~tviroumental of Florida, Inc for Mosquito Control for one year on August 31, 20(1? at the current cost, which is estimated at 511,000 (City Manager} Motion: To approve Consent Agenda as nreseuted, J ely 2A, 20®6 REGLiLAR ['~[1~11'f11+1ISSItIN 1VIPFTING Ps~e 3 Moved by Burna, seconded by Simmons Votes: Aye: S - Borna, Fletcher, Sirnmans, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action an Resolutions ~. Action au Resolutions None. Action. on Ordinances 7. Action an Ordinances A. Ordinance No. 90-D6-194, Introduction anti First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFEREND'i)M TO AMEND SEC. 59 OF THE CITY' CHARTER TO LIMTT THE HEIGHT OF ALL BUII.,DINGS IN TIIE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Motion: Ta approve Ordinance No. 90-{)fi-144 an the first reading,. Moved by Barna, seconded by Waters Commissioner Boma expressed his objection to the phrase an Page 1, bottom paragraph, (speaking to the specifics on the Sea Turtle Inn). He believed it to be micromanaging and unnecessary since any owner of the property would have to came before the Commission with changes or expansion plans anyway. City 1"wlanager Hanson called attention to a photograph of the Sea Turtle property and explained that it was the area of flexibility. Mayor Wolfson advised that he was uncamfaztable with enlarging the hotel in the future, but was pleased to move a referendum forward for the citizens to vote an. Votes: Aye: 5 - Barna, Fletcher, Simmons, Waters, Wolfson Nay: ~ 1VlOTION CARRIED B. Ordinance No. 20-06-79, Final Reading and. Public Hearing AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER I, 2005 AND ENDING SEPTEMBER 30, 2{i[16 Mayor Wolfson read the ordinance by title only and opened the floor t©a public hearing. There being na comments, the Mayor closed the public hearing and brought Juts 24, 2Q06 REGULAR C(7MMISSIdN MEFTIIVG_ Page 4 the item before the Cvpnmission for discussion. There was na discussion by the Commission. Nation: Ta approve Ordinance No. 20-U6-79 on final readi~~. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfsfln Nay: fl MOTION CARRIED Miscellaneous Business ~. Miscellaneous Business A. Direction. from City Commission regarding revision to Commercial General reguladans (City Manager) Community Development Director Sonya Doerr reviewed the information in her staff report and pointed out that the "Big Bax" retool language is addressed in the Commercial Limited District but not in the Commercial General District. She suggested that, if the Commission believes that "Big Bax" retail restriction is appropriate far Commercial locations, the Commercial General District should also include the language. Commissioner Simmons asked for clarification of the term. "Big Bvx" Mayor Wolfson questioned the term as well and suggested for Ms. Doerr to seek another def nation. City Attorney Jensen believed it to be a term. of art used in Community Development regulations but is not aware of any statutory definition or case law. Mr. Jensen agreed to look into it further. Commissioner Fletcher thanked Ms. Doerr, Mr. Hanson and staff for their work and added that he also believed clearly defining the term "Big Sox" is important. Ms. Doerr agreed to research. The consensus was tv move it forward to the Conununity Development. Board for further study and bring it back to the Commission. B. Authorize the City Manager to execute the Op#ion to Buy with Sunrise Community Church for purchase of the land required for the Hopkins Creek Regional Retention Facility (City Manager) Public Works Director Rick Carper referenced his handout and provided the background far the intent to purchase land. Rick reviewed conditions set forth in the proposal and explained the purpose is to allow a storm buffer to prevent future flooding. He explained that if the Commission agreed to purchase the land, one condition that could cause the city not to execute the sale would be if the envirvninental site assessment indicated that the land is not sortable far the intended purpose of a retention panel. Otherwise, after thirty days of public notice, the city could execute the sale with the Sunrise Community Church. Mr. Carper provided an aerial photograph of the land and explained the placement of the ponds. Cammassianer Soma questioned the amount of acreage the church will retain and if that was all they needed. Mr, Carper answered approximately seven acres and that was taken into account in the 34°/a design.. Ju~y 24.2fltlti REGULAR COMMI~SiO1V MEETING Page Commissioner Waters inquired about the convoluted relationship with the east pond. being proposed instead of awning it outright. Mr. Carper explained that the east pond was not an original feature but was added later. Jim Hanson eonunented on an abjection heard earlier iri the meeting from a citizen. He explained that it would be unlikely for the city to get a permit to send drainage to Neptune Beach but, if allowed, would most likely get sued far flooding houses. City Manager Hanson advised the Commission of other options and explained the cost and concerns of each. Commissioner Fletcher supported the proposal. Comnraissianex Simmons also expressed support, sugges#ing the design will salve the flooding problem and help with the treatment of storm water. Discussion ensued regarding flooded areas in recent years. Mayor Wolfson asked for clarification of the cost. involved. Mr. Carper explained that the proposed budget would include the estimated cost and that. the cast for construction of the pond will be higher than what was previously calculated years ago. Motion: To step the option agreement forpurchsse and_sale and to authorize the ci to forward to Sunrise Commuuity Clurch a check for $S,Q~ to option the property far thirty days. Moved by Simmons, seconded by Borno Rick Carper painted out that it is necessary to advertise far thirty days and then come back for authorization to complete the purchase. Amended Motion: To approve the option and authorize the opfian to be executed. and pay the $S,UfDO option, fee for the option of purchase of the property owned by Sunrise Community Church. Moved by Sintmnns, seconded by Sarno City Attorney Jensen clarified that the Commission should not authorize the execution. of the agreement that is in the agenda packet and that thirty days public native must be satisfied before a public hearing is held to approve it. He explained that floe Commission should be authorizing the expenditure of $5,000. Votes: Aye. S - Boma, Fletcher, Sim~nons,'Waters, Wolfson Nay: 0- MQTIUN CARRIED C. Authorize the City Manager to ea~ecute the agreement with CDM for final design of the Hopkins Creek Regional Retention Facility, fur construction engineering services and for grant application assistance during the design and construction phs~ses (City Manager) Motion. _Authnrize the City Manager to execute the a~rcenacnt with CDM for final design of the Hoyluns Creek Regional l;;etentivn Facility. .Iuly 24, 2446 REGULAR C011~MI5SIONi MEE`I'ItYG Page G Moved by Borna, seconded by Simmons Votes. Aye: 5 - Barrio, Fletcher, Simmons, Waters, Wolfson Nay. (1- M4TIf)N CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Cornrnissian to his written report, which is attached and made part ofths official retard as Attachment Aa His report discussed Website Usage. He explained that website usage is up and that the city's website has been upgraded to offer more features than before. He also reported on the various meetings that have been scheduled as follows: Shade Meeting on Tuesday, August 1 St; f rst Budget Workshop on Monday, August 14~', but may be rescheduled to allow for another Gornmunity Character Workshop; second. Budget Workshop on Wednesday, August 1 bth ; final Budget Workshop on Wednesday, August 3{7~'; Neighborhood Chats in the beginning of August; and the Board Member Reception later in August.. Reporls/Requests ltl. Reports andfor requests from City Commissioners and City Attorney Clty CommI551oner5 City Attorney A. Recommendation for reappointment to the Cultural Arts and Recreation Advisory Committee (Mayor) Mayor Wolfson explained that the Cultural Arts and Recreation Advisory Committee has a vacancy and that the Board Member Review Committee recommended to reappoint Ingrid McCawley to serve another term. The Mayor expressed. his support for the recommendation to reappoint. Matian: Ta reappoint Ingrid McCawley to serve another term an the Cultural Arts and Recreation Advisory Committee Moved by Waters, seconded by Simmons Votes: Aye: 5 - Borna, Fletcher, Simmons, Waters, Walfsan Nay: 4- MOTI©N CARRIEII Mayor Wolfson reported the other recommendations from the Board Member Review Committee rnecting of July 13, 2006 from the Committee minutes.