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Draft Min 8-24-09MINUTES REGULAR CITY COMMISSION MEETING August 24, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Mayor Pro Tem Mike Borno (excused) Call to Order/Pledge Mayor Meserve called the meeting to order at 6:03 p.m. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. Commissioner Parsons thanked everyone who helped with the ticket sales for the scooter raffle, and announced the winner was Rudy Lemming, an instructor at Bailey's Gym. He further stated a check from the raffle will be presented to the City at a later time. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of August 10, 2009 and Special Called (Shade) Meeting of August 12, 2009. Motion: Auarove the minutes of the Regular Commission Meeting of August 10, 2009 and Special Called (Shade) Meeting of August 12, 2009, as read. Moved by Parsons, Seconded by Fletcher Votes: Aye: 4 -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. Jonathan Daugherty, 830 Hibiscus St., representing the committee for the dog park, reported on their progress so far. He announced they have been given a $15,000 matching grant from Art Graham. He stated the committee has currently raised $5,000 from private donations and have more fundraisers planned for the future. He asked the Commission if there is any bed tax money available that could be used for the dog park. Maria Mark, 114$ Linkside Drive, reported on the Marsh Fest event, which is scheduled for November 14, and requested the City co-sponsor the event again this year. August 24.2009 REGULAR COMMISSION MEETING Paee 2 Mardie LeBouton, 774 Aquatic Drive, requested again that the fence be put back up at the Aquatic Gazdens pond. Mayor Meserve stated Mr. Carper would get with her about a proposed solution. Dolly McCormick, 792 Aquatic Drive, also requested the fence be put back up at the pond at Aquatic Gazdens, stating there is a lot of trash being left and people trespassing on her property. Commissioner Parsons reiterated the Commission did address her concerns with staff and informed her Mr. Carper would be meeting with them with a solution. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson stated the State has again lowered their revenue estimates for the upcoming year, decreasing revenues from the Half Cent Sales Tax, Gas Tax, Municipal Revenue Sharing and Sales Tax Funds a total of approximately $40,764. 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 Financial Reports, Utility Sales Report and Building Department Report for July 2009 B. Extend the contract for Chlorine for one additional year to Jones Chemical, Inc. (Bid No. 0708-12) at the current contract prices Mayor Meserve read the Consent Agenda and pulled Item B due to contract changes. Commissioner Parsons pulled Item A. Commissioner Parsons questioned the negative cash balances of the Community Development Block Grant on page 1 of the Financial Report. Mr. Hanson explained this figure only meant we had spent some money and had not yet sent a reimbursement request to the City of Jacksonville. Motion: Aanrove Consent Agenda Item A. as read. Moved by Parsons, seconded by Fletcher Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED August 24, 2009 REGULAR COMMISSION MEETING Page 3 Ms. Kaluzniak explained Jacksonville Beach just received bids for chlorine and Jones Chemical was the low bidder with a price of $504/ton. She requested that we be allowed to piggyback on the Jacksonville Beach contract at the lower price rather than extend the current contract with Jones Chemical for the higher price. She stated Jacksonville Beach and Jones Chemical were agreeable with this. She stated she recommended we piggyback on the Jacksonville Beach contract rather than extending the existing contract with Jones Chemical. Motion: Anarove Contract with Jones Chemical at the lower rate of $504/ton Moved by Woods, seconded by Fletcher Commissioner Fletcher asked how many tons we use a year. Ms. Kaluzniak stated we use approximately 20-25 tons/yeaz. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance Number 90-09-208, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-01-172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 7, SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY STRUCTURES (EXHIBIT A) AND SECTION 24-157, ALLOWABLE HEIGHT OF FENCES AND WALLS (EXHIBIT B) AND ALSO ADDING NEW SECTION 24- 173, NEIGHBORHOOD PRESERVATION, RESIDENTIAL PROPERTY MAINTENANCE AND UPKEEP STANDARDS (EXHIBIT C) AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Meserve read Ordinance Number 90-09-208 by title only. Motion: A~urove Ordinance No. 09-09-208. as read. Moved by Parsons, seconded by Woods Community Development Director Sonya Doerr summarized her staff report, stating the Ordinance amends three sections in Chapter 24 (Land Development Regulations) of AuQUSt 24.2009 REGULAR COMMISSION MEETING Pace 4 the City Code incorporating the Commission's recommended revisions discussed at the July 13 Commission meeting. Commissioner Woods requested "guest houses/guest quarters" be added to Exhibit A, Sec. 24-1 S 1(b)(1)iv and v, stating a guest house should be allowed to be the same distance as another structure. Ms. Doerr stated (iii.) above addresses guest houses and they could add "to no closer than five feet at the setback" to that provision. Commissioner Woods stated in the provisions she discussed it is related to the size of the structure, and she wanted to make sure people don't put in a 3,200 s.f. guest house, for example, right on the property line. She suggested deleting the 10 feet from (iii.) and add "guest house or guest quarters" to (iv.) and (v.) She stated if the guest house is the size of the other structures that are allowed to be five feet from the property line, a guest house not exceeding 600 s.f. should also be allowed to be the five feet, but if it is larger it should be farther away. Mayor Meserve clarified, if you aze allowed to have a 600 s.f. garage five feet from the property line and it is converted to a guest house it is the same structure, same height limitations and same impact on the neighbors. Mr. Hanson further clarified, they would be leaving in item (iii.) the ten feet setback because that refers to any guest house and under sections (iv.) and (v.) they aze referring to guest houses not exceeding 600 s.f. He stated if they scratch the ten feet from (iii.) then there would be no provision for a setback for a guest house above 600 s.f. Ms. Doerr stated (iii.) is not a setback from the property line; it is from the principal building, the main house. Mr. Hanson clarified the change will be adding the words guest house on items (iv.) and (v.) so it reads "detached private garages, guest houses, and carports not to exceed 600 s.f." Commissioner Woods confirmed that was her intent. Mayor Meserve stated they have not done anything new concerning add- ons to homes, as faz as new rules. He further stated they have eliminated some of the items referring to type of fences allowed, etc., but the object is to put minimal rules that protect your property. He stated this gives us the tools for Code Enforcement and he did not believe this is out of line with similaz city ordinances that force us to maintain our lots and keep things in good shape. Although the Motion was not amended, it was the consensus of the Commission to add these changes for second reading. votes: Aye: 3 - Meserve, Parsons, Woods Nay: 1-Fletcher MOTION CARRIED B. Ordinance No. 90-09-209, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING PREVIOUSLY ADOPTED ORDINANCE NUMBER 90-07-202 TO INCORPORATE ADDITIONAL LANDS INTO THE SELVA RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH NO INCREASE IN THE TOTAL NUMBER OF RESIDENTIAL LOTS; PROVIDING FOR SPECIAL CONDITIONS; REPEALING ORDINANCE 90-08-205, PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Au¢ust 24, 2009 REGiJLAR COMMISSION MEETING Page 5 Mayor Meserve read Ordinance No. 90-09-209 by title only. Motion: Aonrove Ordinance No. 09-09-209. as read. Moved by Fletcher, seconded by Woods Sonya Doerr showed a slide of the property and summarized the highlights of the proposed Ordinance. She explained the benefits of combining these two developments, which included the reduction of the number of lots, the development will shift north leaving more conservation azea and less wetland impacts, elimination of the access off 11th Street, and less street construction required. She stated staff recommended approval on first reading, stating the representatives from both projects were in the audience to answer any questions. Mayor Meserve stated he believes this is a win/win and allows that one PUD to do mitigation on water flow as one project rather than two that may not fit together. He stated there is an Interlocal Agreement on the Selva piece and has asked Ms. Doerr to check into changing the agreement to allow Atlantic Beach to get control of all of it for a permitting standpoint. He explained this was done with Fleet Landing which allowed the permitting to come under Atlantic Beach's rules. He stated the developer has asked for this to happen. Commissioner Parsons asked if annexation had been discussed. He stated, as with the Sones' property, if the owner is pushing for it, it makes it a lot easier to get. 'The property owner stated he is in favor of annexation. Commissioner Fletcher asked how long it takes to annex. Mayor Meserve stated it is approximately atwo-year process. Commissioner Fletcher stated his only concern was to make sure they did not attempt to tie annexation in as a condition to approving this, since it is a two-yeaz minimum process. Mayor Meserve stated they would not do that. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request for City to Co-sponsor Marsh Fest November 14, 2009. City Manager Hanson stated this will be the third Marsh Fest held at Dutton Island and explained the specifics involved in co-sponsoring this festival. He stated the organizers aze not requesting money, just support from the City such as transportation to and from the event, etc. Motion: Auarove co-sponsoring Marsh Fest for November 14.2009. Moved by Woods, seconded by Pazsons Commissioner Woods asked if there were out of pocket expenses for the City. Mr. Hanson stated it is just personnel. Mayor Meserve stated he would arrange for the Fleet Landing buses to transport people to the event. August 24.2009 REGULAR COMMISSION MEETING Pace 6 Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Update of Proposed Dog Park at Tideviews Preserve. Public Works Director Rick Carper showed a slide of the azea. He stated the main issue is that the property does not belong to FDOT, it is still owned by JTA. He stated it would have to be transferred to FDOT and then they would quit claim transfer it to Atlantic Beach. He further explained the other issues related to the pond and concerns expressed by FDOT. Mr. Carper stated we are at least six months away from any action because it would take that long to get the titles transferred. Regazding the Reverter Clause, Commissioner Fletcher asked if something happened and it reverted to the FDOT would they get the long term liability also. Mr. Carper stated he would make sure that was in there. Commissioner Fletcher asked if there is any potential Bed Tax money that could be used for this. Mr. Hanson stated in the budget, they have allocated all of the balance of the Bed Tax Fund money to matching funds for any grants we can get for public access on the River Branch Preserve. He stated if they wanted to take money for that purpose it could be moved over, but right now all of it is allocated as a local match to the River Branch project. Discussion ensued and Mr. Carper answered several questions from the Commission. Mr. Hanson stated when the group requesting the Dog Park comes before the Commission they will not only need to report on where they will get the capital funds from but will also need to convince the Commission that they will be able to maintain the dog park in the future. He stated the dog feces will need to be picked up daily and that will be their responsibility, not the City's. Commissioner Fletcher stated he believes the Commission should let the dog park people know whether or not they support this the way they see it now and then it will be incumbent upon them to come back to the Commission with their plan. Mayor Meserve stated it is not appropriate tonight to make a motion since it is not on the agenda as an action item and believes the Commission needs more facts before voting. Commissioner Woods stated the request for the $15,000 from Art Graham is in the procurement process so they can get those funds to us before he leaves office. C. Commission Request to Investigate Scooter Pazking at Beach Accesses Mr. Hanson explained this item was initiated from a request by a Commissioner. He stated Chief Classey worked with the Public Works Department to determine what could be done without costing us any beach parking. Chief Classey stated he and Deputy Public Works Director, Tim Gilboy, identified the accesses at 7~', 10~', 18'x, and 19th as those that could handle additional pazking for one scooter at each access. He stated it would cost about $300 plus manpower to put signage and striping in at these pazking spots. Commissioner Pazsons asked the Chief to explain where at each access they had identified the scooter pazking, which he did. Commissioner Pazsons asked if they could get more than one scooter in each of those spots. Chief Classey stated they would go back and look at them, but they didn't want to eliminate any vehicle pazking spots. It was the consensus of the Commission to have signs put up designating these areas as scooter pazking. Au¢ust 24.2009 REGULAR COMMISSION MEETING Page 7 D. Contract awazd for Disaster Debris Removal Services (Bid No. 0809-09) Mr. Carper explained there were 23 bidders for this project and the bid determination was based on four grading factors: Project Management Team/Operational Plan (15 points); Documentation -being able to maximize our reimbursement from FEMA, Safety & Environmental and available equipment (10 points); proximity to Atlantic Beach (15 points); past performance and references (10 points); and bid price (70 points). He stated after rating the bidders, T.F.R. was the best bid and he feels very comfortable recommending the Commission awazd the contract to T.F.R. Enterprises. Motion: Award contract for Disaster Debris Removal Services to T.F.R. Enterarises. Moved by Parsons, seconded by Fletcher Commissioner Fletcher asked why everybody in the top three was deducted three points under the proximity category even though one was 3 hours away and one was 6 '/Z hours away. Mr. Carper stated he based it on an 8 hour distance; if they were in Duval County, they received 15 points, 0 - 8 hours away received 12 points. Mayor Meserve asked if they would have conflicts with other contracts in the same area in case the storm has fairly widespread damage. Mr. Carper stated their next neazest contract is Dunedin. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED 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 Woods • Stated there was discussion about the property on the north end of Selva Marina Drive and whether we had given notice. Asked for consensus to direct staff to give an official notification to people within 300 feet of the property and also a public notice. After discussion, it was the consensus of the Commission to not do this since it is not required by law and would set a precedent. Commissioner Parsons Announced that former Mayor George Olsen recently passed away and asked that a proclamation be prepazed declaring a George Olsen Day for presentation to his widow, Dottie, at our next meeting. It was the consensus of the Commission to have staff prepare this proclamation. A~ust 24.2009 REGULAR COMMISSION MEETING page g • Stated there have been many people complimenting the "In Search of Atlantis" statue, but has also had some ask about moving or eliminating the lighting behind it. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:13 p.m. ATTEST: John S. Meserve, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk