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Draft Min. 4-12-10MINUTES REGULAR CITY COMMISSION MEETING April 12, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Cazolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Paul Parsons (excused) Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. Item 8H was taken out of sequence and acted on at this time. 8H. Amendment to Agreement with The Estates for tree removal. Mayor Borno reported the Amendment to the Agreement with the Estates of Atlantic Beach for tree removal is not complete and asked for a motion to defer until the next meeting. Motion: Defer until next meeting. Moved by Woods, Seconded by Fletcher Votes: Aye: 4 -Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Mayor Borno further reported Item l OB has no action required tonight. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of March 22, ZO10 and the Special Called Commission Meeting of March 29, 2010. Motion: Approve the minutes of the Regular Commission Meeting of March 22, 2010 and the Special Called Commission Meeting of March 29, 2010, as written. Moved by Fletcher, Seconded by Daugherty Commissioner Woods stated, regazding the March 22 meeting, in the past she has complimented the City Clerk and her assistant for their civility throughout this discussion about where to place our TMDL pipelines but this time she stated she has to comment on the seemingly lopsided account of public comments from the last meeting in these minutes. She stated she was not sure who directed these accounts but hoped it was only an oversight. She stated she was sure they would agree that it needs to be corrected. She stated as these minutes stand they are an inaccurate account of the meeting and we would be remiss not to correct it. She stated she has just two examples Apri112, 2010 REGULAR COMMISSION MEETING Pace Z but believes that all of the public comments should be revised to be correctly represented. She stated the first example was, although Mr. Fouraker's speech was well thought out and well spoken, there was only one sentence of his comments, yet Mr. Gulliford's response to these comments is the lengthiest description of all the public comments. She stated it hardly seems just to only present the rebuttal and not the original statements. She stated she believes this may be part of what Mr. Fouraker was commenting about. Secondly, she stated citizens specifically and appropriately called out the City Attorney's inappropriate behavior at the previous meeting and yet neither his name nor his actions were mentioned in their comment descriptions. She stated, however, Mr. Sones is specifically mentioned when a citizen spoke in favor of him or his project. She further stated this is obviously a skewed reporting of the meeting as it occurred and she believes, as these minutes stand, this is an inaccurate account of the meeting and we would be remiss to not correct it by accurately restating the comments and ideas being expressed by each citizen, not only a chosen few. Mayor Borno stated he understood Commissioner Woods' comments and asked her what was her suggestion. Commissioner Woods stated she was not really sure how we go about correcting this because she does not think we can sit here and take the time to go through all of the comments, but she would like to have the minutes corrected however best they can be. City Manager Jim Hanson stated the best way to amend them might be to ask the City Clerk to review with her staff the tapes of the last meeting and see if there aze any corrections that might be needed and if there aze have her come back with a recommendation at the next meeting. Commissioner Woods asked to hold off approving the minutes until the next meeting, defemng this. Commissioner Fletcher suggested she get with the City Clerk ahead of the meeting and suggest revisions to the minutes. He stated what Commissioner Woods needs to do is make a motion to amend the minutes and he believes there needs to be some specific language and she can get with the City Clerk. Commissioner Woods stated normally she does, she believes in this case it is rather involved and she believes the Mayor is correct that the tapes need to be reviewed and listened to and changes made so everyone's comments aze heazd and represented in the minutes. She stated she would like to make a motion to defer approval of the minutes until they have been corrected. Commissioner Fletcher stated when the City Clerk's office compiles the minutes it is done on a continuum of the summary of verbatim transcript. He stated these are not a verbatim transcript of the meeting so, what she is suggesting is, somewhere along that continuum this falls short in some azea. He stated he is just trying to figure out what it is exactly that Commissioner Woods is trying to do here and is trying to help this along. Mayor Borno stated the way to clarify this without another motion is to withdraw the motion and second and accept another motion to defer approval of minutes until the next meeting to be submitted as correct. Commissioner Fletcher withdrew his motion and Commissioner Daugherty withdrew his second. Motion: Defer approval of minutes of the regular meeting of March 22 until the next meeting to allow for corrections in the portion related to the Courtesy of the Floor to Visitors. Moved by Fletcher, Seconded by Woods April 12, 2010 REGULAR COMMISSION MEETING Page 3 Votes: Aye: 4 -Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Motion: Approve minutes of the Special Called. Commission Meeting of March 29.2010. Moved by Woods, Seconded by Fletcher Votes: Aye: 4 -Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Mayor Borno stated Jack Berry submitted a blue slip for seven speakers who wish to speak regarding Item 8E, the Veterans Memorial Park. Jerry Brandt, Commander American Legion Post 129, stated they stand firmly behind the proposition for the Beaches Veterans Park and will do anything they can to help. Joe Nolan, Judge Advocate, American Legion Post 316, stated they stand behind the Beaches Veterans Memorial Pazk and will support it 100%. He further stated anything they can do, please let them know. Tom Todd, Fleet Reserve Assoc. Unit 290, stated they stand behind the Veterans Pazk and will support it in any way they can. Harvey Warnock, Commander VFW Post 3270, stated they believe this park is a fitting tribute for the veterans and for the present troops and they will support it with their hearts and their ability financially and are glad to see the City moving forward with this project. Chaplain Bill Reno, District Chaplain for the American Legion and the VFW Chaplain for 3270 and Chaplain and Regional Director for the Four Chaplains Memorial Foundation out of Philadelphia, member of Military Officers Association, Fleet Reserve, Knights of Columbus, Jacksonville Beaches Council, Father Murphy 5535 of the Veterans Council and the Veterans Council at Our Lady Star of the Sea Church, stated they support the project and he is one heck of a fund raiser, so raising the funds for the park would be a pleasure for him. He stated he is also a PR person and does not mind talking to other groups and assisting. He stated he appreciates what the City is doing for the Beaches Veterans Park. Aaril 12.2010 REGULAR COMMISSION MEETING Page 4 Clen Ward, Commander, American Legion Post 233, Palm Valley, stated he was a veteran of Viet Nam and his father was a veteran of WWII and things that have to do with veterans are very near and dear to his heart. He stated they support the project and look for them to call and let them know how they can help in any way. Jackie Smith, 340 10th Street, District Director for Congressman Ander Crenshaw, stated Mr. Crenshaw is very supportive of this project and anything that has to do with our veterans. She stated although she is not sure she can bring money, she can bring enthusiasm for the project. She stated Mayport is the number one most requested Navy Station in the United States and many of those people end up being members of the community in Atlantic Beach. Mayor Borno thanked them for their support and stated this really is going to be a good project. Donna Bagby, 1817 Selva Grande Drive, President of the Atlantic Beach Debuty Dog Park Committee, updated the Commission on the status of the Dog Pazk, stating once they aze given the approval they are ready to start transforming Hopkins Creek into a Dog Pazk. Lyman Fletcher, 804 East Coast Drive, addressed the Commission regazding the City paying the Estates of Atlantic Beach a significant amount of funds related to the sewer line. He stated paying them, or anybody right now, before the title issue is resolved on this would be poor judgment and he strongly recommended that be taken into consideration on any decision they make. Cindy Corey, 394 8th Street, addressed the Commission regarding the schedule of fees, amending the agreement with the Estates of Atlantic Beach, and forming a review committee. She stated she objects to raising fees for the community centers and believes it is not in the best interest of the citizens. She stated she believes the sewer improvement project is a very large, expensive and controversial project and asked that there be a public review before going forwazd. She further stated she doesn't like the Commission meetings being held at 6:00 p.m. and believes many people cannot attend because it is so early. No one else from the audience spoke so Mayor Borno 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 None. 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, April 12.2010 REGULAR COMMISSION MEETING Page 5 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 March 2010, List of New Business Tax Receipts issued in March 2010 and Public Works and Utility Departments Project Status Report through April 1, 2010. B. Award continuing engineering services contracts to Applied Technology & Management, Connelly & Wicker, and Bowen Civil Engineering and authorize the City Manager to sign the contracts for the City. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A and B. as read. Moved by Daugherty, seconded by Fletcher. Votes: Aye: 4 -Borno, Daugherty, Fletcher, 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 No. 20-10-102, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. Mayor Borno read Ordinance No. 20-10-142 by title. Motion: Approve Ordinance No. 20-10-102, as read. Moved by Woods, seconded by Daugherty. Mayor Borno opened the Public Hearing. No one from the audience spoke so Mayor Borno closed the Public Hearing. Mayor Borno explained this budget amendment is to reflect grant proceeds of $282,000 received for the public utility sewer. Commissioner Fletcher clarified this budget amendment reflects $282,000 in from the proceeds of a grant and $282,000 out for the expenditure authorized. April 12.2010 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 4 -Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 20-10-103, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. Mayor Borno read Ordinance No. 20-10-103 by title. Motion: Approve Ordinance No. 20-10-103. as read. Moved by Fletcher, seconded by Daugherty. Mr. Hanson stated this relates to the Dog Park and adds to the budget the proceeds of the grant from Jacksonville for the Dog Park and the $7,000 raised by the Dog Park Committee and allocates $22,000 of expenses required to upgrade the pazk in accordance with the plan submitted. Votes: Aye: 4 -Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing- Request for aUse-by-Exception in the Commercial General (CG) Zoning District to operate a produce mazket with outdoor sale and display of garden produce only at 1447 Mayport Road. Community Development Director Sonya Doerr summarized the use-by-exception request explaining this is for a farmers mazketlproduce stand in the grassy azea of the parking lot at the Mayport Squaze Shopping Center. She stated Chapter 24 of the Land Development Regulations allows for temporary produce stands but once it become permanent cruse-by-exception has to be approved. She explained the conditions, subject to review in a yeaz period of time, as recommended by the Community Development Board, including (1) the site shall be kept neat and free of trash and debris, and all packing crates, etc., shall be concealed from view from the street, and (2) a permanent tent, of more substantial heavy-duty canvas or similar material shall be installed and maintained in good condition. Commissioner Fletcher asked if there was a time limit for installing a permanent tent. Ms. Doerr explained it was discussed by the Community Development Board and they decided to go with the one-yeaz period of review, noting he needed to have a new tent within the next twelve months. Commissioner Daugherty asked about his signs. Ms. Doerr stated his signs now aze air brushed signs and he will need to get a sign permit. She stated there is language in the Anri112.2010 REGULAII COMMISSION MEETING Pase 7 sign regulations that require signs to be made out of something that is not temporary. He further asked about the structure and if it was built without a permit. Ms. Doerr explained there is nothing he has that requires a permit and the tents are not of a size that requires a permit. She stated he currently has a business license to operate a temporary produce stand but before he can get a permanent business license he has to have ause-by-exception. Commissioner Daugherty stated he does not believe this business complies with what the City wants for this area. Commissioner Fletcher stated he likes the produce stand because it attracts people and increases traffic, which he believes would be positive for adjacent businesses. Ms. Doerr stated she does not see anything wrong with the use, just the maintenance of the property. Commissioner Woods stated she worries that we are creating zoning as we go, although she likes the use and believes part of our objective has been to create neighborhood friendly businesses that speak to the immediate neighborhood and this does do that. She stated she is concerned about how much use it is going to have, what it is going to look like and what are the exact requirements. Ms. Doerr stated he has to come back for a review in a year and this is ause-by-exception and the Commission has the authority to place conditions on it that are appropriate. Mayor Borno asked if the conditions are understood if they approve this. Ms. Doerr stated they would include the conditions in the motion. Discussion ensued regarding the business license and signage. Commissioner Daugherty stated he is concerned about how this wooden structure is going to look after sitting outside for six months or a year. He stated the only way he could support this would be if we put in the conditions that the entire structure is taken down when it is not in use and he sets it up when using it. Commissioner Fletcher stated he sees this as there is a struggling entrepreneur selling fruits and vegetables and one of those big engineered tents with the tie downs is very expensive. To generate a profit necessary to have one of those is hard to do. He reiterated this is a great business to have in the Mayport Comdor, although it might not look pretty from the road. He stated it provides a service for people to get good fresh produce. He stated he would like to give this man a chance to make a go of it. Commissioner Daugherty agreed with Commissioner Fletcher stating he fully supports somebody having a business there and he would like to see five or six people out there and have a farmer's market. He stated his concern is that he is open sporadically and a homemade structure that doesn't comply with our codes is sitting out on the side of Mayport Road empty. He stated he would fully support it and shop there regularly if it was something that was taken down when he wasn't there. Ms. Doerr stated those shelvings are not something that he could take apart and remove. She stated they are constructed and fastened to the ground. Mayor Borno asked the Commission to keep in mind that in the conditions for approval there is a one-year review stipulated for review by the Community Development Board Apri112, 2010 REGULAR COMMISSION MEETING Pace 8 who will give a recommendation to allow the business to continue or not. He stated the question right now is whether they want to consider this use-by-exception. Mayor Borno opened the Public Hearing. Sally Clemens, 1638 Park Terrace West, stated she believes this young man should have a chance for the year as stipulated. She stated there are a lot of people who can walk to that area and buy fresh vegetables and the owner has told her his vegetables do not come from out of the country, which is important to her. Cindy Corey, 394 8th Street, spoke in favor of the produce stand, stating this is a valuable thing as people have limited access to fresh produce and especially so in the Mayport Road area. She stated she believes it looks fine; it's a produce stand. She believes we should encourage that kind of small business and not regulate it so much, stating she is in support of it. Greg Selby, 3 Forrestal Circle, stated he believes this is a great idea. He further stated if Commissioner Daugherty had doubts about it, he should look around because he is not doing anything for them that he can see. He stated Commissioner Daugherty needs to do something about Mayport Road and asked him to work on it. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods stated she would like to offer an amendment. She stated she understands the language about a permanent tent of more substantial heavy duty canvas but believes it is limiting and should just be a covering of some kind. She further stated she would like some kind of time limit on it, four to six months or something. Mayor Borno stated the condition currently reads, a permanent tent or more substantial heavy duty canvas or similar material shall be installed and maintained in good condition. Discussion ensued and it was the consensus of the Commission to change the condition to state "a more permanent cover" and leave the time limit off which will be part of the one-year review by the Community Development Board. Motion: Approve the Use-bv-Exception for UBE-2010-02 subiect to the terms, conditions and findings as follows: (1) this initial approval is limited to one year from the time of final approval by the City Commission, at which time the applicant shall reappear before the Community Development Board to review compliance with all applicable City codes and regulations and the following conditions, (a) the site shall be kept neat and free of trash and debris, and all packing crates, etc. shall be concealed from view from the street, (b) a more suitable permanent cover shall be installed and maintained in good condition. (2) Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24-112 defining the CG Zoning Districts. (3) The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. (4) The proposed use is compatible with adiacent properties and other properties within the surrounding area. (5) The proposed use is consistent with the City's Comprehensive Plan and is consistent with the Commercial Land Use designation. Apri112.2010 REGULAR COMMISSION MEETING Pace 9 Moved by Fletcher, seconded by Woods. Answering a concern of Commissioner Daugherty about the structure not meeting code, Ms. Doerr stated this is not a structure requiring a building permit. Votes: Aye: 3 -Borno, Fletcher, Woods Nay: 1-Daugherty MOTION CARRIED B. Public Hearing- Request from Dawson Land Development for aUse-by- Exception (UBE-2010-01) in the Light Industrial and Warehousing Zoning District for Heavy Automotive Repair and storage of vehicles in association with vehicle towing services within the Mayport Industrial Park at 310 Mealy Street. Mayor Borno opened the Public Hearing. No one from the audience spoke, so Mayor Borno closed the Public Hearing. Ms. Doerr explained the use by exception, stating this request is for temporary storage of towed vehicles. She further stated the use-by-exception is subject to the following conditions: (1) Individual vehicles towed to this site shall not be kept on the site for a period longer than thirty (30) days. (2) There shall be no more than thirty (30) towed vehicles stored on this site at any single time. (3) No discarded vehicles, auto parts, tires, trailers, tanks or any salvaged materials or vehicles shall be stored on this site in association with the business activities described in this request. (4) The existing tree buffer along the east side of the Applicant's property shall be maintained and re- established as needed to obscure visibility of the property from Park Street residential uses. Mayor Borno suggested another condition be included requiring Dawson Land Development to establish an identification system for each vehicle stored, stating the date and time of the storage, date and time of pick-up by the owner or date and time of lien being established, date the vehicle is sold or removed from the site. Thomas Then, A Plus Safe Towing, stated they already have a system like that in place which is very detailed, down to the minute, as to what time the vehicle is picked up. He stated, by law, when a vehicle is picked up it is reported to the police department but they do have a file on every vehicle with this detail. Mr. Hanson asked what happens if a vehicle is not picked up within 30 days. Mr. Boone explained Florida Statutes state any vehicle that is removed has to be towed to a site that is within ten miles from where it is picked up. He stated after thirty days they can take the vehicle to a permanent storage facility that they have and maintain at 2300 Larson Road and assured no vehicle would remain at the Mealy Street location more than 30 days. He further stated Atlantic Beach currently only has two companies working on the rotation list for wreckers and he has noticed we have difficulty getting vehicles out of the right of way in a timely manner. He stated if this use-by-exception Anri112, 2010 REGULAR COMMISSION MEETING Paae 10 is approved, his towing company will apply with Atlantic Beach to help with the rotating wrecker calls. Motion: Aaarove the Use by Ezcention (UBE-2010-01) subiect to conditions and findings stated herein. Moved by Fletcher, seconded by Woods. Commissioner Fletcher asked Mr. Dawson what was the compatibility of this use on his property to adjacent property. Mr. Dawson stated it is all industrial property. Commissioner Fletcher asked what his long term plan for this property is. Mr. Dawson stated as soon as the economic slowdown is over, they expect to go back into the construction business. Commissioner Daugherty asked Mr. Dawson to explain the nature of the heavy automotive repair he has requested. Mr. Dawson explained they have been doing heavy construction equipment repair there and he needs to occupy that space in some income producing manner in order to live through this construction slowdown. He stated when the slowdown ends they intend to abandon this and go back to their construction industry. Commissioner Daugherty asked if the car storage area would be a permanent use. Mr. Dawson stated he has not decided, although he has enough space. Mr. Dawson further explained he had been doing equipment repair at his location on dump trucks, bull dozers, back hoes, etc., but not automotive. Commissioner Daugherty asked if there have been any complaints about noise coming from this. Mr. Dawson stated no. Commissioner Daugherty further questioned the chain link fence with the bazbed wire at the top, as listed in the survey. Mr. Dawson stated most of the fence is there and they are in the process of repairing it because, to have the vehicle storage, it has to be completely fenced in. Commissioner Daugherty asked if there is residential on the east side of the property. Mr. Dawson stated yes and explained his property line. Further answering questions from Commissioner Daugherty, Mr. Dawson stated the junk yard adjacent to his land belongs to Murr's Auto Body, the automotive repair will be in addition to the heavy construction equipment repair he has been doing over the past 20 yeazs and although there is a lot of noise associated with heavy truck repair, they have not had any complaints in the 20 years he has been doing this. Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED C. Fee Recommendations for Recreation Facilities and Events. Assistant City Manager David Thompson summarized his staff report and explained the recommendations for the various fee structures. He stated if this does not reflect the Commission's wishes accurately they should give him further guidance so he can bring this back in ordinance form. Aaril 12, 2010 REGULAR COMMISSION MEETING Page 11 Motion: Authorize staff to prepare an ordinance adopting the proposed fee schedules for renting the Adele Grape Cultural Center, and to adopt a $25 application fee for special events. Moved by Borno, seconded by Fletcher. Commissioner Woods wanted to reduce the Single Use/Non-Profit Monday-Thursday to be $25/hr and Single Use/Non-Profit Friday-Sunday be reduced to $50/hr. _Amended Motion: Change the rate structure for Single Use/Non-Profit Monday- Thursday to be $25/hr and Single Use/Non-Profit Friday-Sunday to be $50/hr. Moved by Woods, Seconded by Fletcher Discussion regarding the change ensued and a vote was taken. Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Mayor Borno called for a vote on the original motion. Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED D. Agreements for ABET, ABAA, Tennis Instructor, and Yoga Instructor. Recreation and Special Events Director Timmy Johnson explained the four agreements, stating ABET uses Adele Grape providing plays, rehearsals and drama workshops for the public; ABAA uses Russell Park providing baseball, T-ball and softball; Brecht Catalan uses the tennis courts at Russell Park providing tennis lessons; and Linda White provides yoga instructions at Adele Grape. He stated all the contracts are the same and are similar to what has been presented to the Commission over the past several years. Commissioner Fletcher stated he has received a lot of input from citizens on the financial aspect for all of these parties. He stated he understands ABAA because they spend a lot of money maintaining Russell Park but he does not have a handle on ABET. He stated although he loves ABET and believes they provide a cultural amenity to Atlantic Beach, the City only charges them $200/year to use the Adele Grape Center, four or five times a week per Mr. Johnson. He stated he would like to look at the financial information and tax returns on ABET to see what their income was versus their expenses to see if $200 was not grossly under market for that facility based on the income that operation might net. He stated although he requested the tax returns and they were received he has not had a chance to review them. He believes this is an important part of the consideration for at least the ABET contract, and possibly the ABAA contract, before making a decision. He, therefore, requested that this item be deferred until the next meeting. Anri112.2010 REGULAR CO~ViMISSION MEETING Page 12 Motion: Defer for two weeks to give the Commission time to review the financials of the organizations. Moved by Fletcher, seconded by Daugherty. Commissioner Woods asked when the theatre was renovated. Mr. Hanson stated it was not renovated when the rest of the building was. He stated there was the addition of a bathroom in the back, as part of the work done by the City, but the theatre itself was not renovated. Commissioner Woods asked if the City paid for all of the renovations to the theatre. Mayor Borno stated we do not have that information available tonight. Commissioner Woods asked if they are reviewing the financials of all of the organizations. Mayor Borno stated they are all readily available. Commissioner Fletcher stated he wants the time and believes they all should do this. He stated he wants to be able to get back to the public saying he has reviewed it and whether or not he believes it is justified. He stated although he does not have a problem with subsidizing them, if it's a huge subsidy he believes it is a discussion they should all have before approving it. Commissioner Woods agreed as long as they take into the equation not just that they are subsidizing them, but the benefit to the community at large. Commissioner Daugherty stated what we aze doing here is allowing people to operate businesses on City property and some of these aze not-for-profits. He agreed with keeping ABET and ABAA here. He stated ABAA gives back to the community by providing scholarships to low income people. He stated he would like to communicate with the other organizations, that if we aze going to give them such an incredible deal we would like to see if they are willing to give back some scholazships. Mr. Johnson stated ABET is currently doing that. He stated they go over to Jordan Park and work with the kids on acting and allow them to come to their shows at no expense. Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED E. Veterans Pazk Design and Renaming. Mr. Hanson summarized his staff report explaining the recommendations. He further stated there is no budget for the Commission to consider at this time. Commissioner Daugherty asked if an agreement has been made with the American Legion regazding parking. Mr. Hanson replied, not at this point, but they have offered parking to be available at the American Legion for the veterans' events. Motion: Approve the proposed clans for the Veterans Park for both the Phase 1 and final designs and changing the name to Beaches Veterans Memorial Park with the garden being named Chaplains Memorial Garden. Moved by Woods, seconded by Daugherty. Aaril 1Z, ZO10 REGiJLAR COMMISSION MEETING Page 13 Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED F. JEA Electric Line Easement for New Well 2R. Donna Kaluzniak explained electric poles and lines are needed to supply the new Well 2R and, as part of that, JEA needs an easement from the City to install and maintain the new lines. Mayor Borno asked if the easement was just on Public Works property. Ms. Kaluzniak stated it is only in the yard. Commissioner Daugherty asked if there has been any discussion from JEA about burying the lines. Ms. Kaluzniak stated she cannot remember what the issues on that were and could get back with him, but either way they would still need an easement. She stated there is quite a difference in the cost of burying the lines. Motion: Aparove the JEA Electric Line Easement and authorize the City Manager to sit the easement. Moved by Fletcher, seconded by Borno. Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Discussion ensued regarding burying the lines and Ms. Kaluzniak stated this is in an area where there are a lot of other utilities already in the ground so it would not be as easy as it would if it were virgin territory where you could just dig and install. She stated it would be an issue of avoiding other utilities. G. Proposed Dog Park at Hopkins Creek Pond. Rick Carper summarized the plan and procedures for using the proposed Dog Park. He further stated the Sunrise Community Church has some concerns regarding the easements for access and parking so they will bring that back in two weeks. Mayor Borno asked if the magnetic access gates will be electrically controlled so they can be turned on and off at a certain time of the day. Mr. Carper stated there will be power available for that with the intent being this will be aself-contained control system with the capability of setting the park hours and access. Mayor Borno questioned the third "Whereas" on the agreement, stating that he would prefer "anticipated" be changed to "agreed" and would read "Whereas, it is agreed that ABPAC will provide the balance of the $7,000 before construction begins ... Ms. Bagby explained she has ordered t-shirts for the grand opening, for which she has budgeted a maximum of $1,200, so that amount of money would be put toward the t- shirts, from what the dog park committee had already raised. Mr. Carper explained Apri112, 2010 REGULAR COMMISSION MEETING Page 14 what Ms. Bagby is saying is, of the $7,000 the Dog Park Committee has on hand, $5,800 is available for construction, but additional funds will be coming after the grand opening. It was the consensus of the Commission to make this change. Answering a concern from Mayor Borno regazding the easements, Mr. Carper stated one of the considerations the church is reviewing is where the original negotiation had the access easement being a perpetual easement, with the parking easement being an annual renewal. He stated the current chairman has expressed he would like to consider making both easements annual renewals. Commissioner Daugherty commended Donna Bagby's work on this and the fund raising and commended the Debuty family, as well. He stated, in reviewing this agreement, he does not agree with the rule that dogs must be spayed or neutered because there aze reasons people do not spay or neuter their dogs, such as breeding them. Donna Bagby explained spaying will not be a rule, just neutering. She explained her reasons for the rule on neutering. Commissioner Fletcher stated he can see Commissioner Daugherty's concern, but agreed we might be wise to adhere to this protocol that they have done a lot of work researching. Commissioner Woods asked if the one fee allows any number of dogs in. Ms. Bagby stated the access card goes to the person but each dog has a tag. Mr. Carper referred to paragraph 2 in the staff report, explaining the fee proposed is $50 for the first dog and $25 for additional dogs and each dog will receive a tag. Responding to another concern by Commissioner Woods regarding whether one can get out when the gates lock with the automatic timer, Mr. Carper stated there is a release button on the gate just like the ones on the doors at City Hall. Commissioner Daugherty asked if they will have guest passes. Ms. Bagby stated they will have passes but the guest will also have to have proof of immunizations and neutering. Mr. Carper stated this has not been addressed in writing at all. It was the consensus of the Commission to have this included and brought back to the Commission. Mr. Carper stated this would not impact the City's acceptance of the grant from the City of Jacksonville and asked that they approve that. Mr. Hanson recommended, for the approval tonight, the Commission scratch the fee structure and the last clause in the recommendation regarding authorizing the access and parking easements with the church. Motion: Approve the proposed Dark concept of operations and nark layout and authorize the Citv Manager to sign the agreement with the Atlantic Beach Dog Park Committee for operation of the dog nark. Authorize the Mayor to sign the Interlocal Agreement with the City of Jacksonville for partial funding of the Dog Park construction. Defer decision on fee structure and easement for two weeks. Moved by Fletcher, seconded by Woods. Votes: Aye: 4 -Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Aari112.2010 REGULAR COMMISSION MEETING Page 15 H. Amendment to Agreement with The Estates for tree removal. This item was acted on and deferred earlier in the meeting. I. Proposed Change Order to Royal Palms Drainage Rehabilitation Project (PW0905). Rick Carper explained the proposed change to the Royal Palms Drainage Rehabilitation Project authorized construction and why he is recommending removing Alternate A from the project and using that money to pay to add Alternates B and C into the project, which would involve lining the existing pipes rather than installing new storm piping by direct bury techniques. Motion: Authorize the City Manager to ezecute a new Change Order including the recommended changes to the RB. Baker Construction contract. Moved by Fletcher, seconded by Woods. Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Commissioner Fletcher complimented staff on how they negotiated this contract, stating it is a great credit to them that we are able to make a change like this with no additional cost incurred. J. Equipment Procurement for Wastewater and TMDL Compliance Project. Donna Kaluzniak summarized her staff report, stating, as part of the plant upgrades, they will need to purchase some major equipment. She stated they want to purchase equipment that will give us the lowest life cycle cost. She explained the best way to do that is to preselect the equipment, using the specifications, to find several different vendors with the most reliable, proven equipment and let them bid on the equipment which would allow the engineers to calculate the life cycle cost. Mayor Borno asked if the current SCADA equipment can be reused or will we need new SCADA equipment for this. Ms. Kaluzniak stated they plan to incorporate the existing SCADA equipment, but they may have to add some. Commissioner Fletcher wanted to clarify that when we get bids for the equipment, this will authorize us to buy equipment that may have a higher upfront sticker cost due to the purchase decision being based on the results of the life cycle test by our engineers. Commissioner Woods asked for further clarification which Ms. Kaluzniak explained. Motion: Aparove the recommended Preselection Process for wastewater equipment for the wastewater treatment plant improvements to meet the TMDL requirements. Moved by Daugherty, seconded by Fletcher. Aaril 12, 2010 REGULAR COMMISSION MEETING Page 16 Votes: Aye: 4 - Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported the Police Department had another alcohol deployment on March 19. He stated 13 stores and restaurants were checked, with sales to minors being made at three of these. He stated this was the third time the Chevron Gas Station has sold to a minor since the beginning of 2009. He stated if they have a fourth violation, the City will go to the State and recommend their license be pulled. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Request to prohibit parking on W. 10~` St. Commissioner Woods requested no parking signs be placed on the north side of West 10~` Street, explaining her reasons. Moved by Woods, Seconded by Daugherty Chief Classey stated, although the traffic has increased on W. 10~' Street, he believes this is a very temporary problem that began a couple of months ago when the residents moved into 75 W. 10~' Street. He stated he believes it will resolve itself when the residents in question move out at the end of the month. Commissioner Woods asked if Chief Classey believes this is something we can monitor to see if it reoccurs. Chief Classey stated that would be his recommendation. Commissioner Daugherty showed some pictures of the street and the area showing the traffic pattern of the area. He explained his concerns and the reasons he believed it would be prudent to limit parking to one side of the street. Discussion ensued and it was the consensus of the Commission to monitor this situation and take no action at this time. It was suggested to discuss this at Strategic Planning as part of a more coordinated master plan effort to solve parking problems. Commissioner Woods withdrew her motion, Commissioner Daugherty withdrew his second. B. City Attorney Jensen needed direction from the Commission on how to respond to the letter from the attorney for the Estates of Atlantic Beach requesting a response from the City. He recommended it be made an agenda item at the next April 12.2010 REGULAR COMMISSION MEETING Page 17 meeting (of April 12, 2010) to address the issues so the Commission can tell him how to respond. - No action required at this time. Commissioner Woods • Reported Commissioner Paul Parsons is home recovering from his back surgery and asked everyone to keep him in their prayers. Commissioner Daugherty • Would support moving the meetings to 7:00 p.m. • Asked if there are notices sent out to adjoining properties when there is a public hearing on an issue. Mr. Hanson explained there are a variety of requirements for different types of public hearings, from putting ads in the newspaper for things like budget hearings; sign requirements to be placed on site for zoning hearings; and use-by-exceptions. He stated we do comply with all the State rules, which are fairly extensive and sometimes fairly expensive in terms of public hearings, as well as put it on the website. He stated Commissioner Daugherty could see him later if he has specific questions. Adjournment There being no fiuther discussion, the Mayor declared the meeting adjourned at 8:35 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk