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Draft Min 10-13-08MINUTES REGULAR CITY COMMISSION MEETING October 13, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna L. Bartle Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of September 22, 2008. Motion: Aparove the minutes of the Regular Commission Meeting of September 22.2008, as written. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, 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. Mayor Meserve stated, before opening the Courtesy of the Floor to Visitors, since the information in the newspaper has not been very clear regarding the water rates he would have the City Manager explain the water rates. City Manager Hanson explained there has been some information about the water rates going around that is incorrect. He presented charts explaining the rate increases, stating the amount of increase varies by the size of the customer and the greatest increase any one customer might see would be 19%, not double, with the average increase being about 15%. Mr. Hanson stated he left copies of the charts for the audience, but if they run out, stated they should leave their address and a copy will be mailed to them. Mayor Meserve fiuther explained some of the reasons for the rate increase are due to the TMDL requirement that the municipalities improve the quality of the water they dump back into the St. Johns River, as well as the necessity to make the required upgrades to deep wells, etc. Mayor Meserve open the Courtesy of the Floor to Visitors. A. Request from First Coast No More Homeless Pets to participate in Feral Cat Program Debbie Fields, Vice President of First Coast No More Homeless Pets, gave a presentation regarding the Feral Freedom Program which practices TNR (trap, neuter, October 13.2008 REGULAR COMMISSION MEETING Page 2 return). She further stated Atlantic Beach currently has their feral cats taken to Animal Care and Control and these cats from Atlantic Beach are the only ones currently being killed. She stated every other feral cat that comes in is going through the TNR program. She explained that no part of this program is paid for by taxpayers and she is not asking Atlantic Beach for anything other than a change in the code to allow them to release the cats. She stated the money to cover the expense of this program came from a grant and other donations. Commissioner Borno asked what the average cost is to process a feral cat through this program. Ms. Fields stated the average cost is $65. It was the consensus of the Commission to direct staff to prepare the ordinance changes. Karen Kempf, 1501 Challenger Ct. W., invited the Commission to a community meeting conducted by Councilman Ray Holt on October 23 at the USO at 6:30 p.m. to discuss the land use change proposed for part of Hanna Pazk. An application has been submitted by Jacksonville Housing to convert this land acquisition currently zoned recreation and open space to low income housing. Alicia Paley, 1330 Ocean Blvd., stated it is a right and a duty of every American citizen to speak out publicly when elected or appointed officials aze failing to serve the needs of their constituents and if such citizens are speaking of facts and matters of public record they aze well within their 1St Amendment rights. She stated by definition, facts and matters of public record aze just that and neither can they nor should they be misconstrued as personal attacks. She stated any attempts by city officials to limit or stop a calm, prepared, well thought out and reseazched speech demonstrates a blatant disregazd for our constitution and willful violation of the law. If the law states the public must have time to publicly address a council, then every person is entitled to speak regazdless of whether those comments aze in favor of or opposed to actions by city officials. She stated she takes high offense to the fact that more time was spent discussing how to shut her up in the future then to address the very relevant facts and matters of importance that were brought up in her last address. She stated, as a citizen of this community, she had expressed some very cleaz and precise concerns, i.e., the size of government compared to the number of citizens, the disproportionate ratio of police supervisors and the overall government growth over the last eight years. She believes aze all indicative of poor judgment costing Atlantic Beach millions of dollars. She asked, as atax-paying, voting citizen, for the Commission to look into these public records and explain them to her. She stated if she is misinterpreting the data she will gladly accept responsibility for her error, but, if she is not wrong and there are problems, she expects her elected officials to act accordingly and make corrections. She stated she wants someone to be held accountable. She stated she expects this Commission to take this information seriously and she expects them to act. Charles Mann, 165 Arlington Road, addressed the Commission regazding Item 8A, stating he represents the property owners. He stated prior to receiving the permit, their concrete man erroneously poured concrete in the driveways of their duplex property, which is wider than what is now legal. He showed several pictures of neighboring October 13.2008 REGULAR COMMISSION MEETING Page 3 properties, pointing out various problems such as erosion, etc. He stated they were trying to improve the streetscape with the driveways and asked that the Commission approve their waiver. Paula O'Bannon, 304 First Street, addressed the Commission stating she is a bird lover and there are no more birds in her neighborhood because they have all been murdered by cats or have flown away. She stated there are thirteen homeless cats that roam her block. She asked what the quota is on how many cats you can have per block and stated she can handle a few being brought back but not thirteen. She also asked how many cats you can have per house, stating she knows of several women who have over ten cats in their houses. She stated she also believes night feeding should be outlawed. She further stated it upsets her that many people flush cat feces down their toilets instead of putting it out in the garbage and it goes into our sewers. Lastly, she stated she wants her birds back. Milton "Barge" HaU, 685 Amberjack Lane, stated from the meetings they have had at the Donner Center, there aze some bright lights at Edgaz and Roberts Street and thanked the Commission for taking action on that. He also stated there is a blind spot on Mayport Road coming azound from Dutton Island after KJs and New Friendship Baptist Church and asked if there could be a sign put up warning of this blind area. Lastly, he suggested a mirror be installed for the bicyclists on Plaza at the road that separates Sailfish Drive and Selva Linkside so they can see cars coming. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfmished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report. Mr. Hanson reported the complaint about the rocks on Seminole Rd has been resolved with an amicable solution. Mr. Hanson reported the total cost resulting from Tropical Storm Fay was approximately $112,000 and expects the City to receive approximately $91,000 from FEMA. Consent Agenda 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 Monthly Building Department Report for August 2008, Public Works and Utility Department Report for September 2008 and List of New Business Tax Receipts issued in September 2008. October 13.2008 REGULAR COMMISSION MEETING Page 4 B. Approve the Police Union Contract for May 16, 2008 through September 30, 2009. Mayor Meserve read the Consent Agenda. Commissioner Borno asked that both items be pulled. Commissioner Borno pointed out that on the monthly report (Item A) Hopkins Creek is now 100% completed and thanked Rick Carper and the staff who worked on this project. Motion: Approve Consent Agenda Item A as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno wanted to congratulate George Foster for his efforts on the Union negotiations, stating this is the first time he can remember in many years that the City has had a successful contract with all three unions. Motion: Approve Consent Agenda Item B as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions b. Action on Resolutions A. Resolution No. 08-12, Public Hearing Adopting the 2008 Comprehensive Plan Evaluation and Appraisal Report (EAR). A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AN EVALUATION AND APPRAISAL REPORT (EAR) FOR THE CITY OF ATLANTIC BEACH 2005-2015 COMPREHENSIVE PLAN, STATING THE INTENT OF THE CITY COMMISSION TO AMEND THE COMPREHENSIVE PLAN CONSISTENT WITH THE EAR; AND APPROVING TRANSMITTAL OF THE EAR TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES Mayor Meserve read Resolution No. 08-12 by title only. Motion: Adopt Resolution No. 08-12 as read. Moved by Parsons, seconded by Fletcher. October 13.2008 REGULAR COMMLSSION MEETING Pase 5 Community Development Director Sonya Doerr explained the EAR process, stating the purpose of approving Resolution No. 08-12 is to adopt it. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Fletcher asked when this process will be completed. Ms. Doerr stated the EAR is to be complete in October. Commissioner Fletcher asked if there will be a subsequent opportunity for further public input on the amendment to the Comprehensive Plan. Ms. Doerr stated the amendment process has not even started. She stated there will be a full public workshop, public meetings, and public hearings with the Community Development Boazd. She stated this is just the beginning step of that process. Commissioner Borno stated after reviewing the EAR with Ms. Doerr, the only item that has not had any action taken on it is the Rental Inspection Program. Ms. Doerr stated that item is not something that Tallahassee tells us we have to do; it is more of a land development regulation. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-08-97, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ALLOWING DOGS WITHIN THE OUTDOOR DINING AREAS OF RESTAURANTS UNDER CERTAIN CONDITIONS AS SET FORTH WITHIN FLORIDA STATUTES, SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT PROVIDING AN EFFECTIVE DATE AND AN EXPIRATION DATE Mayor Meserve read Ordinance No. 95-08-97 by title only. Motion: Aaurove Ordinance No. 95-08-97 as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno clarified this is controlled and administered by the establishments that desire to have dogs at their outdoor seating areas and those establishments must apply for a permit to allow this. October 13.2008 REGULAR COMMISSION MEETING Pace 6 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 80-08-78, Introduction and First Reading (Deferred from last meeting) AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATERWORKS SYSTEM, SECTION 22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER VOLUME RATES FOR THE FIRST BLOCK OF CONSUMPTION AND AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE SEWER VOLUME RATES ON THE FIRST BLOCK OF VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS, AND PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 80-08-78 by title only. Motion: Aaarove Ordinance No. 80-08-78 as read. Moved by Borno, seconded by Fletcher. Commissioner Fletcher asked for clarification on the two tables, which City Manager Hanson explained. Mayor Meserve stated he was a delegate at a two-day water conference held to determine where Florida is going to get its water in the future. He stated he will report on it at a later meeting after the Century Commission distributes the formal results. Commissioner Woods stated she believes a benefit of raising the cost will be more water conservation. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Veda Bernstein, 680 Sailfish Drive, addressed the Commission regarding the rate increases for water, stating she realizes Atlantic Beach needs to raise their rates and we need to look at conservation but is concerned because nobody is getting 19% increases in pay. Mr. Hanson stated there are ten-year financial plans for all of the major operating funds and have water and sewer master plans in place that have five-year projections on capital projects. He stated anybody who wants to see those can contact our Finance Director, Nelson Van Liere. Miscellaneous 8. Miscellaneous Business Business October 13.2008 REGULAR COMMISSION MEETING Pase 7 A. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Exceed the Maximum Allowed Width and Right of Way Impervious Area Limit for a Duplex Lot Located at 78 / 80 W. Eighth Street. Public Works Director Rick Carper gave a slide presentation regarding the request for waiver, including a 2004 aerial view showing a number of duplexes that have the same issue. Mr. Carper stated although the waiver was only for 78/80 W. Eighth Street, Mr. Mann submitted a building permit request for 74/76 W. Eighth Street at the same time, and he recommended that both pazcels receive equal treatment. He stated staff's recommendation for the two driveways in question was that the applicant be directed to cut out the existing concrete in excess and restore it to the pervious surface. Motion: Disapprove waiver request and direct applicant to remove excess driveway already constructed in City Right of Wav at both 74/76 and 78/80 West Eighth Street. Moved by Borno, seconded by Parsons Discussion ensued and although it was believed there was no intent by the applicant to deceive, it was the consensus of the Commission they must be consistent with the City Code and not support the waiver. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Advanced Disposal Request for Holiday Calendaz Change. Mr. Hanson explained the hauler's request to go from five holidays to two per year. He recommended approval. Motion: Approve contract amendment with Advanced Disposal requesting change to two holidays per calendar year as outlined in their letter of September 16, 2008. Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Draft re-write of Chapter 23, Protection of Trees and Native Vegetation. Mayor Meserve stated this draft is for information only tonight and will be brought back. He stated if any Commissioner has any comments on this, they should talk to the City Manager before the next meeting. D. Liquid Assets: The Story o, f Our Water Infrastructure. October 13.2008 REGULAR COMMISSION MEETING Pale 8 Public Utilities Director Donna Kaluzniak presented a short promo video for a show, Liquid Assets: The Story of Our Water Infrastructure, which will air on WJCT on November 7, 2008 at 9:30 p.m. dealing with the water and sewer infrastructure. E. Report on Technical Symposium on Withdrawals from the St. Johns River. Public Utilities Director Donna Kaluzniak reported on the Technical Symposium on Withdrawals from the St. Johns River. F. Royal Palms Subdivision Infrastructure Improvements Project Final Engineering Design RFP #08-03. Public Works Director Rick Carper stated thirteen proposals were received for the Request for Proposal for the Royal Palms Subdivision Infrastructure Improvements Project Final Engineering Design and after reviewing the proposals staff recommended Eisman & Russo Consulting Engineers as the top ranked firm for this project. Mr. Carper answered several questions from the Commission and further explained the project. Motion: Authorize staff to begin negotiations with the toa ranked firm, Eisman and Russo, for engineering services for the Royal Palms Subdivision Infrastructure Improvements Project Final Design Moved by Parsons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED G. Administrative rezoning (initiated by the City) from RG-2 (Multi-family) to CM (Commercial) to make the Zoning Map consistent with the established use and the Commercial Comprehensive Plan designation for five pazcels on the south side of Sturdivant Avenue between Seminole Road and Pine Street. All combined, these parcels consist of 0.68 acres. Ms. Doerr explained the rezoning, which was initiated by the City to make the zoning designation consistent with the use of these parcels and with the Comprehensive Plan designation, which is Commercial. After further discussion, it was the consensus of the Commission to bring this back as an Ordinance for action. H. Report on proposed demolition of Palms Apartments at 3952 Mayport Road. Building Official Mike Griffin gave a slide presentation on the Palms Apartments property. Mr. Griffin stated the structures were unsafe, accessible by vagrants and children, and an eyesore to the City. His recommendation was to proceed with getting bids for the demolition of the structures at 3953 Mayport Road. Mr. Hanson explained the City received a letter dated September 18, 2008 from the property owner requesting a 30-day extension from the September 26, 2008 deadline to October 13.2008 REGULAR COMMISSION MEETING Page 9 obtain necessary permits to comply with the August 26, 2008 Notice but the request was received on September 22, 2008, which was five days past the appeal deadline. Mr. Hanson read a second letter from the property owner that was received late today (copy is attached and made part of this Official Record as Attachment A). Following advice from City Attorney Alan Jensen, it was the consensus to deny his request for an extension. Commissioner Fletcher stated he wanted to go on record as stating that the City should reject Mr. Hionides' request for extension because it was not timely. He further stated he wanted to assure there were no conditions in Mr. Hionides' letter precedent to him commencing his own demolition, and wanted to authorize Mr. Grii~in to go forward with getting bids for demolition. Motion: Deny request for an extension from nroaerty owner because request was received late Moved by Borno, seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mr. Hanson stated there are several other issues than just the demolition and recommended sending Mr. Hionides another letter stating what the City expects from him. After further discussion, it was the consensus of the Commission to direct Mr. Hanson to send this letter. Motion:_Authorize_Building Official to aroceed to take bids for demolition of the structure but hold off on actaal demolition subiect to allowing Mr. Hionides 30 days from the date of his letter, l0/13/08, to start his own demolition and complete the work within slat months. Moved by Fletcher, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED I. Request for approval to place turtle sculpture in Town Center. Mr. Hanson explained they received a letter from Patsy Bishop of Town Center Agency who stated the Agency wants to donate a turtle sculpture to the City and they have discussed with staff where it could be put and not cause a traffic visibility problem. If approved, staff recommended it be placed on the sidewalk next to Sticky Fingers. Patsy Bishop, 544 Ocean Blvd., explained the background of the Turtle Trails Sculptures and stated the donation is in conjunction with the Child Guidance Clinic. October 13.2008 REGULAR COMMISSION MEETING Paee 10 Motion: Accent the request for aermission to glace a Turtle Trails Sculature on the brick sidewalk between Al's Pizza and Sticky Fingers. Moved by Fletcher, seconded by Parsons Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the City received the Certification of Final Taxable Value from the Property Appraiser and the grant for outfitting the emergency command vehicle was approved for $48,650. Mr. Hanson also handed out a Paddling Guide provided by the Public Trust Environmental Legal Institute of Florida He further announced there will be a kayak race at Dutton Island on Saturday, November 8, 2008 from 11:00 a.m. - 4:00 p.m. Mr. Hanson further reported on the latest alcohol deployment stating 2 business out of 15 sold alcohol to minors, Ragtime and Citgo Gas Station on Mayport Rd. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for reappointing members to the Code Enforcement Board. Commissioner Borno reported on the latest Boazd Member Review committee meeting and stated their recommendation was to reappoint Juliette Hagist and Ron Pendleton to the Code Enforcement Boazd. Motion: Reaa~oint Juliette Haeist and Ron Pendleton to the Code Enforcement Board for an additional term Moved by Borno, seconded by Parsons Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno • Thanked Mayor Meserve for the time he put in at the water conference. • Reported on the Florida League of Cities Legislative Policy Committee and Finance and Taxation Committee meetings he attended in Orlando. Commissioner Parsons Mentioned he saw a program on television that documented a connection to cat feces and sea life, stating it can kill the sea lions, etc. over the years. He stated October 13.20Q8 REGULAR COMMISSION MEETING Page 11 he found this interesting since the lady spoke tonight about people flushing cat feces in their toilets. Commissioner Fletcher • Pointed out that if cat feces gets flushed down the toilet it then gets treated so there is no issue with that, but where it is an issue is when it goes into the stormwater run off. Adjournment There being no furkher discussion, the Mayor declared the meeting adjourned at 8:31 pm. ATTEST: John S. Meserve, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk ATTACHMENT A C~ii~Z~~ ~I0~1~~D~~ ~~~~ .~T~T~e ~~~ ~ ~ ~~~~~ October 13, 2008 Mr. John Meserve, Mayor City of Atlantic Beach. 800 Seminole Road Atlantic Beach, Florida 32233 c C-~.T~. ,~J, ~, ~ r ._ -~~~ ~~~ e~;o ~' .. ``o'er ~ <!~ ~i?a~ ~,~ Oa R~~e~Ved OAT ~ 3 _v~ ~,ce °jci rY c~~nE Re: 3952 Mayport Road, LLC Palms Apartments Redevelopment Status Dear Mayor Meserve and Commission: Thank you for meeting with me to discuss the future of the "Palms Apartments" project; and also thank you for continued support for our efforts to create affordable housing on that site. As you are aware, the existing lending and credit markets are undergoing severe strains, as witnessed by the Federal Reserve's recent unprecedented actions to restore orderliness and liquidity to commercial and investment banks. Commercial real estate development and construction financing on both a national and local level has been adversely impacted. We have sought both traditional and public financing from local and national sources for The Palms Apartments project without success. At the same time, we realize that the partially demolished project has remained an eyesore for over two years, and that given the new Atlantic Beach ordinance concerning partial demolition, action needs to be taken to remedy the situation. Towards that end, I agree to demolish all structures at my expense, commencing within 30 days of this letter, and completing that process within six months. The demolition will result in removal of the building walls, and removal of the debris. We will continue to maintain the property, including regular mowing, and continuing weed and trash control. I would request that the completed demolition be considered a remedy of all City violations with respect to building codes and ordinances, and prevent commensurate administrative fines, fees, or costs against the property, and request the City hold in abeyance any City action towards demolition to avoid additional costs to both the City and the Project. As a resident of Atlantic Beach, I understand the critical visual importance of this property as a "gateway" into Atlantic Beach and the Beaches neighborhoods, and continue to aspire to provide a visually pleasing residential project. Demolition of the Palms Apartments will provide a vacant site poised for future redevelopment. As we pursue future affordable housing development on the property, I would request that the City consider permitting the Project as a PUD, despite the fact that the site is slightly over 7 acres versus the 10 acre requirement by statute. A PUD designation would provide earlier and greater City input on issues such as design aesthetics, given its highly visible location along Mayport Road. Please contact me if I can provide additional information, or answer any questions that you or the City may have regarding the Palms project. Sinc~~rely~;- - , ~~ . Chris Hionides 3952 Mayport Road, LLC Managing Member Direct Phone:. 241-1922 Cc: 1im Hanson, City Manager Sonya Doerr, Community Development Director Michael Griffin, Building Official