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Draft Minutes 12-10-07MINUTES REGULAR CITY COMMISSION MEETING December 10, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Jolm S. Meserve Commissioner Carolyn Woods Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bussey Call to Order/P'ledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Borno, was followed by the Pledge of Allegiance to the Flag: Approval of Minutes 1. Approval of the minutes of the Shade Meeting and the Regular Commission Meeting on November 26, 200'7. Motion: Anarove the minutes of the Shade Meeting and the Regular Commission Meetins on November 26, 2007, as written. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - :Boma, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve welcomed the audience and explained the process for public comments. Gail Lee„ 469 Atlantic Blvd., owner of Gail's Unique Boutique, addressed the Commission regarding the issue of the City not allowing the businesses to put displays on the sidewalks in front of their stores. Mayor Meserve requested Ms. Lee put something in writing indicating what her thoughts are and the Commission will discuss the issue. Commissioner Borno asked that she include photographs in her explanation. Lori Armstrong, 400 Garden Lane, owner of A World Away, addressed the Commission regarding displaying merchandise in front of private businesses and expressed her support of Ms. Lee. She stated she would also submit something in writing w7th pictures regarding her own business. R.D. De Carle, S1 Beach Avenue, stated he is not in favor of the proposed website by the prival:e group for disseminating information to the citizens of Atlantic Beach. He suggested instead that the City enhance their website with a blog which would provide an avenue to get information out to the citizens and also allow the citizens to make comments on issues in a public forum. Sally Cle;mens,1638 Park Terrace West, addressed the Commission regarding requests From groups for City funding and believes the City should be cautious with how the City money is spent. Decem r l0 200? _ REGULAR COM~VIISSION MEETING Pase 2 Pat Pillmore, 995 Camelia Street, addressed the Commission regarding water issues and personal property rights. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business frgm Previous Meeting from Previous A. Ciry Manager's Follow-up Report. Meeting City Manager Jim Hanson summarized the report from Public Works Director Rick Carper on the sanitation rates of Atlantic Beach as compared to the other beach cities. Consent Agenda 4. Consent Agenda ALL MA"T"TERS 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 DESIREE), 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 List of New Business Tax Receipts for November X107. B. Approve the requested fee increase of $7,562.00 to the First Vehicle Services contract for the period of 12/01/06 through 11/30/07, and authorize the City Manager to sign the proposed contract amendment. C. Accept the water and sewer infrastructure in the Shangri La development for ownership and maintenance by the City of Atlantic Beach. D. Approve the list of property as surplus to the City of Atlantic Beach. Mayor Meserve read the Consent Agenda. otion: Aparove Consent Agenda Items A. B, C and D as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTIOIV CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 07-13, Public Hearing to consider and approve. A RESOILUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, ATTACHED AS EXHIBIT A, December IlO 20()7 REGULAR COMMISSIpN MEETING Pace 3 BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE, THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH, THE TOWN OF BALDWIN, (THE "CITIES") AND THE DUVAL COUNTY SCHOOL BOARD iC0 COORDINATE THE LOCATION AND DEVELOPMENT OF PUBLIC SCHOOL FACILITIES THROUGHOUT DUVAL COUNTY AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Resolution No. 07-13 by title only. Motion: Aaprove Resolution No. 07-13 as read. Moved by Borno, seconded by Woods. Mayor Meserve opened the Public Hearing. Community Development Director Sonya Doerr introduced T.R. Hairline who, as Chair of the Joint Planning Committee, explained the background and purpose of the Interlocal Agreement. Mr. Hairline then took questions from the Commission. Commissioner Borno thanked Mr. Hairline for the effort:> of his Committee. Mayor Meserve explained if we didn't have excess capacity in schools and a new developer wanted to build something, at some point there will be an Ordinance and an Interlocal Agreement that states there will have to be a plan that provides for the school system, rather than just letting the developers build all the houses and provide for it later. Mr. Hairline agreed, stating if there isn't a school in the first three years that could serve the new development, the developer will have to fix that problem. Commissioner Fletcher asked if this agreement binds us to any financial obligations. Mayor Meserve explained it binds the City to an Interlocal Agreement that states we will all work together and we will adhere to rules that state you must have concurrency. Mr. Hairline explained this simply requires a regulatory system be; put in place that the State Statute says should be in place. Mayor Meserve stated there are in planning stages approximately 1500 housing units on Mayport, most of which ,are not in the City of Atlantic Beach. Commissioner Woods asked, if local schools acre over capacity with the new 1500 homes, will the students be coming to Atlantic I3each or will a new school be built. Mr. Hairline stated where the children go to school is set by the school board and is not spelled out by this Interlocal Agreement. He stated this agreement is mainly a tool by which the cities and the school board can make sure that there are schools somewhere that can accommodate new development. Commissioner Woods asked if the concurrency funds go to the school board rather than the city. Mr. Hairline stated the concurrency funds do go to the school board but they have to identify in their capital improvements plan how they are going to spend that money. Commissioner Fletcher clarified, it is similar to traffic concurrency, stating if a developer is going to build a 1500 unit subdivision within our city borders, an ordinance; will be on the books that makes that developer comply with concurrency as related to the school system. No one from the audience spoke so Mayor Meserve closed the Public Hearing. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED December IO 2007 REGULAR COMMISSION MEETING Page 4 Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Request for aUse-by-Exception (Public Hearing) to allow for the sale of used automobiles on a developed site within the Commercial General (CG) Zoning District located at 1850 Mayport Road. Ms. Doerr stated the applicant was not present and explained the reasons for the request for the Use-by-Exception. Motion: Approve Use-bv-Exception (File No. UBE-2007-05) for a period of time not to ezceed two years from date of this action to allow for the sale of used automobiles on a developed site within the Commercial General (CG) Zoning District at 1850 Mayport Road, subiect to the following conditions: (1) limitation of 15 forisale cars on the premises at any time; (2) no auto service or mechanical repairs on premises; (3) no auto-body work on premises; and (4) hours of operation Monday -Saturday 9:00 am to 6:00 pm. Moved by Borno, seconded by Fletcher. Pat Pillmore, 995 Camelia Street, expressed her support for this Use-by-Exception, stating this is a Navy town and this is a good business. Sally Clemens, 1638 Park Terrace West, expressed her support for the Use-by- Exception, stating the man who wants to develop this also owns the Mayport Square, which she was impressed by, and believes he will do a good job with this. No one else from the audience spoke so Mayor Meserve closed the Public Hearing. He stated the only issue he has with this Use-by-Exception, is that in prior years the Commission said they did not want to turn Mayport Road into one series of used car lots. He stated he believes they should approve this but also believes the Commission needs to think strategically about how they can encourage good businesses to move to Mayport Road. Commissioner Parsons stated he would like to talk to the owner about helping the City clean up Mayport Road relative to the crime issues, but he has no problem with the auto dealership being allowed. Commissioner Borno stated the item he added regarding the hours of operation was because the applicant had stated his hours of operation would "probably" be ..., which is why he wanted to specify a time period so the owner has parameters to work with. He stated, although he agrees with Mayor Meserve's comments about not letting Mayport Road become a used car lot and with the comprehensive plan being changed to that effect, he can live with atwo-year limitation on this and believes this owner has December 10 2007 REGULAR COMMISSION MEETING Page 5 been forthright with his previous businesses and will be supportive of helping the Commission change the atmosphere on Mayport Road. Mayor Meserve stated normally the applicant would be here so they could question them about any requirements the Commission adds on and he would prefer to defer this to the next meeting since the owner is not present. Ms. Doerr stated she sent the applicant a copy of the staff report and does not believe he would have a problem with the hours of operation. Commissioner Woods suggested that, with the approval of the Use-by-Exception, the City require the owner to give back by improving the aesthetics, which is the ultimate goal on Mayport Road. She stated she would like to add this, which may also be another reason for deferment. Ms. Doerr explained that this site is 100% impervious. Mayor Meserve explained the people who are developing this have done some good things for Mayport Road in other locations. He asked the City Attorney what the applicant's options were if this Use-by-Exception was approved with the four conditions and the applicant stated they couldn't live with the options. City Attorney Jensen stated they could either appeal the decision or it could come up for reconsideration at the request of a Commissioner at the next meeting. After further discussion, the Commission agreed to vote an the motion as stated. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Discussion on Proposed Water Shortage and Conservation Ordinance No. 80- 08-75. Director of Utilities, Donna Kaluzniak reported the City's water shortage ordinance was very old and needed updating. She stated she took a lot of the language from the water management district and summarized the proposed changes made. After further discussion, Mayor Meserve and the Commission agreed to direct staff to prepare an Ordinance. City Manager 9. City Manager A. City Manager's Report Mr. Hanson stated there will be a Commission Workshop on January 15 in the Commission Chamber at 6:00 pm to discuss animal control and FAR. Mr. Hanson further reported on the SBA investment pool, a state run investment vehicle for cities, counties, school boards, etc. to invest their cash in. He stated the City of Atlantic Beach has had a majority of their cash in that investment pool for some time. He stated around November 14, some arkicles indicated the pool had some mortgage backed commercial paper that may not be as secure as the rest of the December 10 2007 REGULAR COMMISSION MEETING Paae 6 investments in that pool should have been and some of the cities and counties across the state started pulling their money out. He stated on Thursday morning, November 29, Atlantic Beach did the same thing. He stated the City had approximately $12.3 million and pulled out all but $10,000, which was moved to Bank of America. He stated about 11:30 am the SBA Board of Trustees, which included Governor Crist, decided they would close all trading in the pool. He stated they did reopen the pool partially on December 4, with a removal limit of 15% of your balance up to $2 million or with a redemption fee of 2% if more was removed. He commended Finance Director Nelson Van Liere for withdrawing the City's funds prior to the fund being closed. Mr. Hanson reported on the latest alcohol deployment on November 2'7, which checked thirteen businesses and found only two selling alcohol to minors, Ocean 60 Restaurant and the Hess Station on Mayport Road. Mr. Hanson reported there is another park for the City to maintain under an agreement with Jacksonville whereby Jacksonville would buy the property and develop it and Atlantic Beach would maintain it. This pazk, off of Dutton Island Road, has almost 1.' miles of trails. He stated the maintenance would include daily litter collection, trail maintenance and policing. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners A. Appointments to the Cammunity Development Board City Attorney Commissioner Borno stated the Board Member Review Committee interviewed thirteen applicants and recommended four new applicants for consideration to the Community Development Board in the following order of ranking. #1-Blaine Adams, #2 -Ellen Glasser, #3 -Kirk Hansen, and #4 -Ray Coleman for the three existing openings on the CDB. He further stated the Committee suggested whoever the fourth person is who is not selected, be made an alternate to the Community Development Board. Commissioner Fletcher asked that Kelly Elmore be added to the applicant choices. After further discussion, it was the consensus of the Commission to accept the recommendation of the Boazd Member Review Committee. City Attorney reported to the Commission that, by Code, the Community Development Board does not have alternate members. Motion: Reappoint David Boyer to an additional term and appoint new applicants Blaine Adams,. Ellen Glasser, and Kirk Hansen to the Community Development Board. Moved by Borno, seconded by Woods. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED December 10 2007 RE('ULAR COMMISSION MEETING Pase 7 City Attorney Jensen • Stated the recent letter to the editor in the Beaches Leader regarding the Palms Apartments was incorrect. He stated the letter referred incorrectly to the apartments as being partially built but stated they were built and aze in the process of being demolished and rebuilt. He also stated certain City officials, including the City Manager and Mayor were criticized about not doing anything to this developer and owner of the property. Mr. Jensen stated this gives an incorrect interpretation of what our ordinance provides because it specifically references unsafe housing and we have ordinances to address unsafe housing. He stated this situation was aggressively pursued at the lead of our City Manager and by the Commission when it became vacated and the owner was required to secure the property and provide security for the property. He stated it is in a partial state of demolition, but is no longer unsafe housing. Mr. Jensen stated the City is in the process of developing a new ordinance to address that specific situation which will be ready for the Commission the first meeting in January. He stated the letter to the editor, in his opinion, gave some very incorrect interpretations and innuendos, such as stating it would take a year to develop a new ordinance. Mr. Jensen stated the ordinance the City is working on would be ready by the end of January, so it doesn't take a yeaz to do that. • Addressed the issue brought up at the last meeting by a citizen regarding starting the commission meetings with an invocation, explaining there is a U.S. Supreme Court recognized legislative traditional invocation exception to the church and state prohibition. He stated it is permissible and acceptable to start a meeting with an invocation. He suggested, as a courtesy to all the citizens, to keep the invocation as nondenominational as possible. Mr. Jensen also read excerpts from the related Supreme Court decision of 1983 and stated if anyone would like a copy of the entire decision he would get them a copy. Mayor Meserve stated as long as he is Mayor he will continue to have invocations but will take it under advisement to keep it nondenominational. Commissioner Woods • Asked if the parking issue at the Sea Turtle has been resolved. Mr. Hanson stated this has not been resolved. He stated they have put three signs up, but the police department has stated they do not believe, because of their placement, they are adequately visible to all the parking spaces, so they have ordered new signs for each parking place which should arrive in a few days. • Addressed the water issue, stating although this will be brought up at the workshop tomorrow, she believes this issue is not going away and stated we should tighten our codes where we can. She stated we are very wasteful with our water, are nat using purple pipe very much, and don't have restrictions or codes that deal with conserving water on a serious level. She stated she would like to see Atlantic Beach take the lead on this and work toward developing some real conservation measures in our codes. Asked if the City participates in the Florida Water Star program. Ms. Kaluzniak stated this is usually addressed through the building code but we don't have anything requiring that right now. Suggested the City get involved with the green local government standard, which is concerned with energy conservation and doing our part with global warming. She stated the DEP also offers green lodging destination hotels, December 10 2007 REGULAR COMMISSION MEETING Page 8 which she would suggest the City talk to Mr. Hionides about for his boutique hotel being built. • Commercial building codes should be reviewed to see how they could be strengthened for the developer as well as for the community. • Wants a discussion relating to a Community Safety Board. Commissioner Parsons • Asked for clarification on the flowers, stating he would like the $10,000 put back in the budget so the flowers can be planted. Mr. Hanson stated that would require an Ordinance. Commissioner Parsons asked that this be discussed at the next meeting. Commissioner Woods stated she believed the Commission decided to wait until after the tax reform issue was settled to see what direction they wanted to go in. Commissioner Parsons stated they could wait until February to discuss this issue. • Commended Finance Director Van Liere for doing a good job in pulling the City's money from the State investment pool. • Asked for clarification regarding the garbage pick-up issue. Mr. Hanson stated they would offer apaid-by-subscription second pick-up per week and stated Mr. Jensen is drafting an ordinance that will accomplish that. He stated they are waiting on the new management of WSI to confirm the price they were given to do the extra pick-up. Commissioner Borno • Reminded there will be a strategic planning meeting in February and suggested they work on a lot of tonight's suggestions at that time. • Relative to Mr. Jensen's comments on invocations tonight, he stated he received a brochure on Guidelines for Civic Occasions from a citizen {which he distributed to the Commission) and has incorporated it into his Book of Common Prayer, which he keeps in his desk. He stated the Book of Common Prayer is available if any of the Commissioners ever want to use it. Mayor Meserve • Regarding the water issues, he stated you can take a much stronger position if you know what you are talking about. Stated it will benefit the Commission to listen to the facts tomorrow night, rather than relying on emotion, before taking a lead role. • Addressed parking at Sea Turtle, stating it is incorrect that they don't charge for parking, because they do charge and always have charged for parking. He spoke to the managers at the Sea Turtle and they stated the parking charge has always been included on the guest's bill and they have never had anyone come to them stating they will not pay for parking and will just park on the street. He stated the managers at the Sea Turtle have been working with the construction people to keep them from parking on the street. He stated he believes the Commission's job is to protect the businesses in Town Center so they don't die during the construction phase. He stated the same problem will exist when they start construction on Mayport Road. December 10 2007 REGULAR COMMISSION MEETING Pace 9 A video from the Florida League of Cities explaining the proposed property tax referendum and its consequences was presented to the Commission and audience. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:19 pm. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk