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Draft Min 8-10-09MINUTES REGULAR CITY COMMISSION MEETING August 10, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Mayor Pro Tem Mike Borno Commissioner John L. Fletcher Commissioner Paul Parsons Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve welcomed the Honorable Cliff Reuter, former State Senator from Indian River County who was in the audience. Mayor Meserve stated he would move Item 8A to after the Courtesy of Floor to Visitors. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of July 27, 2009. Commissioner Woods asked that the minutes be amended as follows: on page 1, Call to Order/Pledge, after second sentence replace the rest of the paragraph with the Language on the handout called Mayor Meserve (verbatim) to get a clarification of what was said and on page 5, paragraph 6, replace sentences 2 and 3 with the language on the handout called Lyman Fletcher (verbatim). Mayor Meserve clarified that these were verbatim transcripts transcribed by the City Clerk's office. Motion: Aanrove the minutes of the Regular Commission Meeting of July 27, 2009, as amended with the two verbatim transcriats included for the record. Moved by Parsons, Seconded by Borno 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 opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Arthur Corsano, 2314 Oceanwalk Dr. W., addressed the Commission regarding Item 8A, suggesting a 25-foot buffer be written into the agreement which would save some trees around Oceanwalk and would also save the privacy and whatever inferred property value that might have, benefiting both developments. Katherine Davidson, 1913 Sevilla Blvd. W., stated she had a meeting with the City Manager, Commissioner Fletcher and Gordon Grimes regarding the pros and cons of going through the wetlands behind Fleet Landing and since that time there has been August 10.2009 REGULAR COMMISSION MEETING Paee 2 some discussion that the wastewater pipe not go through the Fleet Landing area but instead go behind the Sevilla Gardens parking lot. She stated she believes there are other things that need to happen for that part of the route to be changed and she requested that Item 8A not be voted on tonight. She stated even though it doesn't affect the issue of protecting the wetlands, if they decide to go under the Sevilla Gardens instead of through the wetlands, there is the issue of why the City would want to take on any possible encumbrance of an easement from Fleet Landing if they don't need it. Thomas Grant, 1909 Selva Marina Drive, stated he is not against the development being proposed north of Selva Marina Drive, but is more concerned about improving the safety of Selva Marina Drive from Saturiba through 20~' Street. He stated adding more traffic to the road will make enforcing the 15 mph speed limit harder. Don White, 2069 Selva Marina Drive, distributed copies to the Commission of documents related to the opening of Selva Marina Drive and urged them to review the material. He stated he believes if the Commission does due diligence they will reconsider opening the road. Pam White, 2069 Selva Marina Drive, addressed the Commission regarding Item 8A stating she has not seen any public notification in the newspaper or on the City's website. She also referenced Ordinance No 65-88-1$, which closed and abandoned that portion of Selva Marina Drive throughout its entire width in all respects for the City of Atlantic Beach. The Ordinance stated, whereas this right-of--way should ever become open a tremendous flow of traffic will come through a very dense residential neighborhood. She stated this decision was made in 1989 and since then more houses have been built with more cars per house. She further stated when this road was abandoned it gave the other property owners the right to a portion of the abandoned road. She requested, as a matter of record, that the City add to covenants, promises and agreements, prior to any agreement being signed between the City and the Estates of Atlantic Beach, that the construction entrance to this development be Mayport Rd., not down Selva Marina Drive. She requested the residents be given further clarification of the savings discussed by running the pipes behind Oceanwalk and through Selva Marina Drive rather than other routes. She further requested a more recent traffic study be prepared by the City and also wanted a survey prepared so the Commission can make sure they understand what they are deciding on. R.A. Braid, 1958 Sevilla Blvd. W., stated he is the former partial owner and operations officer of the Buccaneer service, as well as the Public Services Director for Atlantic Beach. He proposed, rather than closing Buccaneer, the City could put in a filter system beyond Buccaneer, which will service three cities and will satisfy the mandate from the Federal government. He further stated that would save all the trees and he believes Buccaneer is not in bad shape. He also cautioned that they not forget that one of the lines drawn for a sewer line coming south goes through the area that is now occupied by the City's own water main from the plant on Mayport Rd. to Selva Marina Drive and will need to be considered when laying another sewer line. He stated the two lines cannot be co-located. August 10, 2009 REGULAR COMMISSION MEETING Page 3 Trevor Richter, 4S7 Snapping Turtle Court W., requested the Commission defer their vote on Item 8A because he just learned of this and has concerns about what it is going to do to their houses. Mark Tomaski, 448 Snapping Turtle Court W., requested the Commission defer Item 8A due to the lack of notice and stated he does not believe all options have been explored. Page Shepherd, 2252 Oceanwalk Drive W., stated she and her neighbors in Oceanwalk do not have enough information on Item 8A and asked for more time and more information before a decision is made. George Bull, Jr., 1937 Sevilla Blvd. W., stated he sent the City Manager a letter suggesting an option for the route of the sewer lines rather than going through the wetlands behind Sevilla Gardens. He stated the Sevilla Condominium people agreed to this option. He further explained, as history of what has happened and for those people who are opposed to Michael Sones development, in the 1970s a PUD was received from the City of Atlantic Beach to build Sevilla Condominiums. He stated this PUD was for 9 buildings and a total of 297 living units. He stated due to the financial conditions of the 1980s the PUD was modified to include the three existing condominium buildings of 105 units, plus 43 single family lots, which gave a total of 148 homes. He stated these 148 homes added to the 99 homes at the Cove, the 38 homes at the Estates of Atlantic Beach (Michael Sones property), and the 16 homes at the Preserve, total 301 homes, which is only 6 more than Sevilla was approved for back in 1970. He stated the density is quite low for Michael Sones property to be approved. Sheldon Weiner, 15 Tenth Street, addressed the Commission regarding the leased parking for the owners of the condominiums at 10~' Street, requesting they return the parking spaces to the community. Bob Curry, 65 Tenth Street, addressed the Commission regarding the leased parking on 10~' Street, stating none of the other residents of the Island Club townhouses agree with Mr. Weiner's proposal. Douglas Speed, 1207 Seminole Road, asked if the Commission will be voting on Item 8A tonight. Mayor Meserve stated it is on the agenda. Mr. Speed stated he is against the opening of Selva Marina Drive but, if it is approved, he believes having the agreement with the developer stipulate the 35-foot height limit and no exit through to Mayport Road is good. He fiuther believes unless the property gets annexed to Atlantic Beach, we should either not be servicing it with public services or we should charge more for that area because we would not be getting the property taxes for it. Garland Chick, 2246 Oceanwalk Drive W., addressed the Commission regarding Item 8A, stating if none of the Commission has been on that piece of property behind his house they should walk down that area where they want to put the pipeline and look at the huge oak trees before deciding to cut them down. August 10 2009 REGULAR COMMISSION MEETING Page 4 No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. (Item 8A was taken out of sequence and acted on at this time.) 8. Miscellaneous Business A. Approval of easements and related documents for force main installation in connection with the abandonment of Buccaneer Wastewater Treatment Plant. Motion: Aanrove the agreement with the Estates of Atlantic Beach LLC and the easements with the Estates and Fleet Landing and authorize the mayor to execute all documents on behalf of the City of Atlantic Beach Moved by Fletcher, Seconded by Parsons Mayor Meserve stated this is not a new issue. He explained the City hired a contractor last year to figure out what the City can afford to do to meet TMDL requirements with our sewer system by 2013. He stated the City cannot afford to get both plants to meet requirements. The contractor suggested shutting down one plant and improving the newer one. He stated the Buccaneer is much older than our City plant, unlike what was stated tonight by a citizen. He stated our City plant is capable of the improvements we need to do and has the capacity to handle the entire City, including the growth we see in the next 20-30 years. He stated the two issues are where do we run the line and how are we going to do it, where is it going to run to and how aze we going to fix the plant to meet what we have to do. He asked the City Manager to explain this item. City Manager Hanson explained the issue is that we aze required, like all the wastewater utilities in this part of Florida, to decrease the nitrogen going in the St. Johns River. He further explained the options the City has to accomplish this. He stated the lead engineer for this project, Gordon Grimes, recommended upgrading our main wastewater plant and abandoning the Buccaneer wastewater plant as the best means to meet the new standards. He stated to do this, a lot of wastewater needs to get back down to the main wastewater plant and, according to the study done, the most economical route is almost the straightest, going down the edge of Hannah Park, along Selva Marina Drive and down the country club property to the wastewater plant. He explained the route down Mayport Road is a little mare direct, but since Mayport Road is heavily developed, the cost per foot to put in a sewer line there is much greater. He stated this suggested route saves the City approximately $500,000 over the next lowest price, not including operating costs. He presented a slide showing the location of the two required easements, one through Fleet Landing and one from the Estates of Atlantic Beach. He explained the easement from Fleet Landing was easy to get, but the owner of the Estates of Atlantic Beach property stated he wanted to resolve the right-of--way question, involving the closed and vacated right-of--way on the north end of Selva Marina Drive. After speaking with attorneys for both sides, the opinion was that the Estates of Atlantic Beach has a right to connect to the street for their subdivision. Mr. Hanson stated the Estates is in Jacksonville and their zoning does not have the 35-foot height restriction. The City negotiated with the property owner a deed restriction that would prohibit any future connection to Mayport Road, limit development to a maximum of 38 residential units, and limit the building height to 35 Au¢ust 10.2009 REGULAR COMMISSION MEETING Pace 5 feet. Regarding the trees, Mr. Hanson stated the intent is to get a tree survey paid for by the City and both the owner and the City will try to avoid as many of the big trees as possible. He stated Atlantic Beach would have to pay the tree mitigation cost to the City of Jacksonville and we don't want to pay any more than we have to. He stated Mr. Sones has expressed a desire to try to keep as many trees as possible. He stated there is no cost for either of the easements; both owners have agreed to deed them to the City. Regarding the question of the maintenance cost for the easement that was brought up at the last meeting, he stated it should cost the City around $500/year to maintain the easement until the property is developed. Commissioner Parsons stated he would like to defer this item. He stated Commissioner Borno will not be here for the meeting on the 24th. He stated he would like to ask the owner about annexing this property into the City of Atlantic Beach. He would also like at least aone-foot easement around the entire perimeter of the property, a 25-50 foot buffer behind the Oceanwalk fence, a fence around the development, and a street layout or plat. Motion: Defer for a month until Commissioner Borno returns from vacation Moved by Parsons, Seconded by Woods Votes: Aye: 4 -Borno, Meserve, Parsons, Woods Nay: 1-Fletcher MOTION CARRIED Mayor Meserve reiterated to the audience, the owner of the property (1) has a right to construction of a lot more than 38 homes, (2) has a right to build up to 65 feet, and (3) has a right to connect adriveway/road through to Selva Marina Drive. He also reminded everyone the property owner has agreed to several items in a deed restriction which go with the property and asked them to consider this, because this is not a bad deal for the City of Atlantic Beach. Commissioner Borno stated he was not aware there was a filter that could be put on the outflow line that would bring us into compliance with T'MDL. Secondly, he stated the Ordinance that closed Selva Marina Drive was done to stop any access to Mayport Road to the north of the City. He further stated we are held by the law and not emotion and cautioned everyone to keep that in mind to avoid a lawsuit. Mayor Meserve stated he does appreciate the comments from everyone, but this is not an emotional issue when you are voting on something that will end up in a court of law at sometime if you don't hold to the law. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson announced the Ferrell Gas lawsuit has been settled and we have received a check for $19,403 and tanks will be removed by the City's contractor with full payment coming from Ferrell Gas. August 10, 2009 REGULAR COMMISSION MEETING Page 6 He further stated the Resolution adopted at the last meeting regarding naming San Pablo Island had some changes from the original version. When it was adopted, he stated the Commission didn't spell out precisely the wording they wanted so staff wanted the Commission to see the final language as it was amended. He stated the amended copy was attached to this agenda for their review and if the Commission is happy with the wording they will go with this final version. 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 List of Business Tax Receipts issued in July 2009. Mayor Meserve read the Consent Agenda. 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 Woods stated she noticed one of the companies that opened up was called Foreclosure Cleanup USA and thought that was a terrible sign of the times. Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT RENEWAL BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve stated this contract authorizes the Florida Department of Transportation to pay the City of Atlantic Beach to maintain lands that are part of FDOT. Motion: Approve Resolution No. 09-11. Moved by Borno, seconded by Parsons Au¢ust 10, 2009 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Approval of easements and related documents for force main installation in connection with the abandonment of Buccaneer Wastewater Treatment Plant. This item was taken out of sequence and acted on earlier in the meeting. B. Second Interlocal Agreement with the City of Jacksonville for Construction of a Handicap Accessible Beach Walkover at Third Street. Public Works Director Rick Carper showed slides of the erosion at the walkover and of the walkover after it was repaired. He explained several years ago the City had a grant from Jacksonville to construct a handicapped accessible beach access at 3`d Street which was completed for a cost that was less than the total dollar amount of the grant. After several storms it was realized the access did not work the way they wanted it to. He stated, although the grant had expired, the money was still obligated to the walkover, so they got a second Interlocal Agreement authorizing the City of Jacksonville to reimburse Atlantic Beach for the beach access that was rebuilt out of Parks' funds. Approving this Interlocal Agreement will allow the City to get reimbursed. Motion: Authorize Mayor to sisn the second Interlocal Agreement with the City of Jacksonville to urovide reimbursement ,funding for the construction of the extension of the handicaa accessible beach walkover at 3` Street. Moved by Borno, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Police Department Semi Annual Report 2009. Chief Mike Classey summarized the highlights of his staff report, including a 33% decrease in violent crime in the Mayport area; four town hall meetings have been held in the Royal Palms area; and emergency response time is averaging 2 minutes 32 seconds. He then answered questions from the Commission. Ausust 10, 2009 REGULAR COMMISSION MEETING Pace 8 Item 3A. City Manager's Report was re-discussed at this point. Mayor Meserve stated the revised copy of the Resolution incorporated Commissioner Woods' amendment to include Vilano $each on the island. It was the consensus of the Commission to accept Resolution No. 09-10, as revised by staff. Mayor Meserve stated after the Resolution is fmalized, staff will send a copy to the other beach cities. D. Possible Amendment to the Tenth Street Parking Lease. Mayor Meserve stated his recommendation is to send a letter to Mr. Weiner asking if he wants out of the agreement. If Mr. Weiner wants to opt out, the City will then need to amend the contract to include only nine leased parking spaces. It was the consensus of the Commission to follow this recommendation. E. Budget Amendment relating to Justice Assistance Grant. Assistant City Manager David Thompson explained the grant which will be utilized to fund the COPS officer salaries. He requested the Commission approve this in order to put it in the budget so it can be spent. Motion: Authorize City staff to preQare an ordinance to make the aaaroariate adjustments to the 2008-2009 budget relative to the funding of the Justice Assistance Grant Moved by Borno, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. Settlement Agreement and Back Pay Award. City Manager Hanson explained the agreement has been signed by the employee which has very minor changes from the draft given to the Commission previously. Motion: Aaarove the settlement agreement and authorize the Citv Manager to sigg agreement and anv related documents. Moved by Borno, Seconded by Parsons Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 1-Woods MOTION CARRIED G. Merger of the previously approved Selva Preserve and Selva Marina Country Club projects. Mr. Hanson explained the City approved two PUDs. T'he Selva Preserve PUD had 16 units and an entrance from Eleventh Street. He stated the two areas now want to August 10, 2009 REGULAR COMMISSION MEETING Page 9 combine them into one unit, with the new street for the Selva Preserve area coming from the Country Club project and not from Eleventh Street which will reduce the length of the road to be built and the impact on the wetlands. He stated it will also reduce the total number of lots in the two PUDs. Staff recommends this and since both PUDs were approved by an Ordinance, if the Commission agrees to amend them it will need to be done by Ordinance. Commissioner Fletcher stated he believed Selva Preserve was just rezoned, and did not have a PUD approved. He stated he is in favor of this, but did want to make that clear. City Attorney Jensen stated then to merge the two would only require amending the original PUD to add the other one. Commissioner Woods stated the combined PUD will have fewer units because they have already reduced the number of units. It was the consensus of the Commission to have staff go forward with this. Commissioner Borno asked if this would be a public hearing when it comes back. Mr. Hanson stated all Ordinances have a public hearing with two readings. City Manager 9. City Manager A. City Manager's Report None. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Complimented staff and City Manager for their efforts putting together all these extra meetings. • Mentioned that Dorothy Kerber is not here tonight and stated she is on two canes and not getting around well at all. Mayor Meserve stated she is getting better. Mayor Meserve • Announced he has withdrawn his candidacy for Mayor and submitted his resignation from the Commission, because he has elected to run for the District 13 City Council race. He stated there will be a primary on September 15 and a run-off, if needed, on October 6 for both that seat and Jim King's Senate seat. • Further explained his reasons for voting for the deferral tonight. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:43 p.m. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk