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Draft Min 10-11-10 MINUTES REGULAR CITY COMMISSION MEETING October 11, 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 Paul Parsons Recording Secretary Nancy E. Bailey ABSENT: Commissioner Carolyn Woods (Excused) Call to Order/Pledge Mayor Borno 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. Approve the minutes of the Regular Commission Meeting of September 27, 2010. Motion: Approve the minutes of the Regular Commission Meeting of September 27, 2010, as written. Moved by Fletcher, Seconded by Daugherty Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons 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. No one from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfmished 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, 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. October 11, 2010 REGULAR COMMISSION MEETING Page 2 A. Acknowledge receipt of Public Works and Utility Departments Project Status Report as of October 1, 2010, Utility Sales Report for September 2010 and List of New Local Business Tax Receipts issued in September 2010. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons 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. 90-10-213, 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 TO ADD NEW DIVISION 9, FLORIDA - FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION AS SET FORTH WITHIN ATTACHED EXHIBIT A AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -10 -213 by title. Motion: Approve Ordinance No. 90 -10 -213 as read. Moved by Parsons, Seconded by Borno. Community Development Director Sonya Doerr explained she had asked Matt Eden with North Florida Irrigation and Scott Hulihan with Hulihan Irrigation to attend tonight but neither was here. She summarized her staff report and explained this is in response to one of the conditions of the Water Management District that we have to adopt this Florida Friendly Landscape and Irrigation Ordinance. She further explained one of the things we have to do is establish a maximum percentage of the landscaped or vegetated area of a lot that can use high volume irrigation emitters. She stated this does not mean the maximum area of a lot that you can have as yard. She stated you can have your entire yard as lawn but will just have to use low volume irrigation on that percentage of it which is over what is proposed in the Ordinance. She stated staff has proposed 60% as the maximum amount of high volume irrigation. She explained this will apply when undeveloped or first -time developed lots install an irrigation system, stating no more than 60% of that irrigation system can use high volume October 11, 2010 REGULAR COMMISSION MEETING Page 3 irrigation. She stated on developed lots, if more than 50% of the linear length of the irrigation lines are replaced, or more than 50% of the irrigation emitter heads, they would then have to comply; otherwise, this will not have any effect on existing lots with an irrigation system. She showed a slide of a typical 50x100 Interior Lot. Commissioner Fletcher stated micro regulation is a great description of this regulation. He stated you have the St. Johns River Water Management District telling an elected body what law they have to pass and he has trouble with that. He further expressed his concerns regarding the 60% requirement, whether the property owner will be dictated to regarding what kind of plants they put on their property and who can certify that the irrigation system meets the rule. Ms. Doerr addressed each of his concerns. Commissioner Fletcher stated, in principle, he is opposed to this Ordinance. Mayor Borno stated he believes the 60% is a good median and with it we stand a good chance of getting this approved. Discussion ensued. Commissioner Parsons agreed that he does not like the Water Management District telling us what to do but he does like that it is self - policing. Commissioner Fletcher stated although he does not like this at all, in recognition of what staff did to reduce the requirement of the CUP, he will vote in favor of it. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing to consider a request from Lawton Hall for a Use -by- Exception (File Number UBE- 2010 -04) to allow production of custom surfboards within an existing warehouse space at 36 West 6th Street. Ms. Doerr explained this item needs to be pulled from the agenda because the applicant put the wrong address on the application. B. Request from the Community Development Board for the City Commission to make a revision to the current procedures required to consider and act upon applications for Use -by- Exceptions. Ms. Doerr explained the process for the Use -by- Exceptions and summarized the requested revision to the current procedures. Commissioner Parsons stated he likes the two -step system. City Attorney stated he believes what they are looking at is the way variances are handled as opposed to use -by- exceptions, which both go to the Community Development Board (CDB). He stated the CDB makes a final decision on a variance but on a use -by- exception you have to go to the CDB, who makes a recommendation to the Commission, who then makes the final decision. He believes the CDB is basically October 11, 2010 REGULAR COMMISSION MEETING Page 4 asking why they only have to go through one step on a variance but have to go through two steps on a use -by- exception. Commissioner Daugherty stated he likes it being in a more public forum. He stated when it goes before the Community Development Board it is not so much of a public forum and there is not as much ability for the public to comment. He stated they don't publish their agendas. Ms. Doerr corrected him stating yes they do. Commissioner Daugherty stated that CDB doesn't really have to answer to anyone but the Commission is an elected body and they have to answer to their neighbors. He stated there have been certain things that have come before the Commission that he still does not know how they got approved and he hopes in the future this will be a forum where they can discuss them better and take a closer look at them. He stated whenever it is in a public meeting and they have the press present this stuff is brought to light and he likes a more public forum for these use -by- exceptions. He stated if they are going to shorten it down to one process, then bring it straight to the Commission. Commissioner Fletcher asked if he is correct that the Community Development Board was created by Charter. Mr. Jensen stated it was created by Ordinance. Commissioner Fletcher stated he recalled reading in the Charter that the CDB has the final say on variances. Ms. Doerr stated that is in an Ordinance in the Code. She further stated it is in Section 24 -46 in the Code. Discussion ensued with Commissioner Fletcher stating his concern was if they leave it all to the CDB and they put a condition on the use -by- exception, the Commission may want to have an opportunity to modify those. He stated he believes the Commission should have the final say. Ms. Doerr stated the CDB had no objection to these going before the Commission, they just thought it should be a one -step process. Further discussion ensued. Mayor Bomo reminded the Commission, as the elected body, they have the right to establish what use or exceptions are allowed, so they do have control. He stated the process the CDB is asking about is whether we want the use -by- exceptions to go through them or through the Commission. He stated he has no problem with the CDB doing the use -by- exceptions because the Commission establishes what they are. Mr. Jensen clarified for Commissioner Daugherty that the Community Development Board meeting is certainly a public forum and perhaps he is thinking, instead of a public forum, having an additional public forum by keeping the use -by- exceptions with both the CDB and the Commission. He reiterated the CDB meeting is a very public forum, just as public as the Commission meeting. Commissioner Daugherty asked when the last time was that a Community Development meeting made it to the newspaper, stating he believes the Commission meetings are where citizens typically feel they can come, air their complaints and give their opinions. Ms. Doerr stated they also have a Courtesy of the Floor at the Community Development Board meetings, the agenda is on the web and there is a bigger ad in the newspaper than the ads for the Commission meetings. She stated if there are items of interest on the agenda, people attend the meetings. She stated they also put a big orange sign up on the property and she believes a lot of the CDB items are more broadly noticed. Commissioner Daugherty stated Community Development Boards have a reputation sometimes of getting a little out of hand in some communities, and with the one we have now he is sure there are no problems, but in five to ten years from now who is to say that doesn't October 11, 2010 REGULAR COMMISSION MEETING Page 5 change, which is why he likes keeping it in the hands of the elected officials. Mayor Borno stated the Commission still has control because of the Board Member Review Committee which screens applicants and looks to get the right expertise, and then it comes before the Commission for final appointment approval. After further discussion, it was the consensus of the Commission to remain with the double -check system. C. Amendments to Johnston Island PUD. Ms. Doerr explained Chad Grimm, representing the owner, was here tonight to answer any questions. She summarized the modifications to the Johnston Island PUD for an alternative development as proposed by the Owner of the property. Commissioner Parsons stated this looks like a good plan and he has no problem with it. Commissioner Daugherty asked how many square feet the footprint of the building is. Ms. Doerr stated she did not know off the top of her head, but Mr. Grimm may have that, although the building is not designed yet. She stated there is a formula for the drain field. Commissioner Daugherty further expressed concern that the parking ratio was adequate. Ms. Doerr stated anything that is not specified will have to meet all of our standard codes and parking will have to meet our codes. She stated our parking ratio for sit -down restaurants is one space per four seats. Commissioner Daugherty also asked how many feet from the septic system the well will be. Ms. Doerr stated that is permitted and regulated by the County and State. Commissioner Daugherty stated he believes this is a great idea and alleviates some of the previous concerns regarding hurricane evacuation routes, etc. Commission Fletcher asked to what extent is the water access on the east side, where the docks are, public access. Ms. Doerr stated those are intended to be transient boat slips for the restaurant. He further asked about a previous settlement agreement. Ms. Doerr explained the settlement agreement was related to plan amendment and the City was not a party to that. Chad Grimm, 2771 Monument Road, explained, since 2005, the ownership of the property has evolved and one of the major owners, Charles Chupp, bought out his partners and is currently the sole owner of the property. He stated Mr. Chupp has been approached by three different developers in the past few months wanting to put a restaurant on the site, which is the goal of the owner for the property. He further discussed the septic system versus tying into the City's water and sewage. He also explained they do not intend to allow boats to pump out their sewage or purchase fuel at the boat slips, but will provide water. Mayor Borno explained his concerns regarding the drain field stating he would prefer to see them connect to City water and sewer and design a high pressure lift station. He further discussed the maintenance of grease traps as related to septic systems. Commissioner Daugherty agreed with Mayor Borno on the issue of the drain field. He stated this is right next to Tideviews which has a lot of outdoor recreational water use and fishing. He also asked how many boat slips will be built initially. Mr. Grimm stated, subject to permitting, twenty three slips would be built on land that is owned fee October 11, 2010 REGULAR COMMISSION MEETING Page 6 simple with eleven additional on submerged land, which has different permitting requirements, but the intent would be for them to occur at the same time. Commissioner Daugherty further expressed his concern regarding the parking available for the marina. Mr. Grimm explained the parking layout was designed so the designated marina spaces are kept to a reasonable number so they don't look like they have a sea of parking at the marina. He stated the total parking count on the island complies with the parking regulations. He further explained that Commissioner Daugherty's concern regarding people parking on the weekend in the restaurant parking will happen, by design. He stated at those peak times it will bleed over to what is perceived as restaurant parking, but the number of parking spaces are there and are meant to work together as one unified site. Mr. Grimm answered several other questions from Commissioner Daugherty. Commissioner Fletcher asked if the transient boat slips require a submerged land lease also. Mr. Grimm stated it did not. Commissioner Fletcher also asked if the owner had made a firm decision to do the drain field at this point. Mr. Grimm stated that was the preference of the developer because it makes the development more feasible economically speaking and timing wise it makes it a much faster process. He stated it is over a million dollars to install the public utilities versus a couple hundred thousand for the drain field. Commissioner Fletcher asked for clarification that putting a force main in is pretty much off the board now and they would go with a drain field. Mr. Grimm stated he would have to check with the owner to emphatically say whether it is off the board or not. Mayor Borno stated with no sewage and no dumping at the marina slips there won't be people living on board vessels there. Mr. Grimm stated that was correct. Mayor Borno stated he sees no problem with the parking and other than the drain field versus the water and utilities he believes it is a great concept. He wished Mr. Grimm well. Ms. Doerr explained the Ordinance has a list of conditions, some of which were carried over from the original PUD, and urged the Commission to study those and determine if there are any other issues they may want covered. D. Convenience Business Security Act. Dale Hatfield explained the Convenience Store Act and the criteria required, which was passed to keep convenience store employees, clients, and people in the parking lot safe and secure. He showed slides on the convenience store inspection. He further stated he became certified as a convenience store inspector in July. Discussion ensued and Mr. Hatfield answered questions from the Commission. Commissioner Daugherty asked if we can adopt something less than what is in this Ordinance. Mr. Jensen stated no, the intent of the Statute is to protect the employees and the consuming public who use these stores. He stated the authority for us to adopt an Ordinance like this is by a Statute that authorizes the City to do so. He stated it basically just gives us a means to enforce the State Statute. He stated we can adopt an Ordinance that is more strict than a State Statute, but not less strict, so we cannot leave part of a State Statute out. October 11, 2010 REGULAR COMMISSION MEETING Page 7 Commissioner Parsons stated this is something that has been a law for some time but they have never implemented it and we need to get on board. Commissioner Fletcher stated he believes local control versus state control is always a better thing. He asked how the public benefits from this. Mr. Hatfield stated they are safer. Commissioner Fletcher asked how many stores we have that fall under the purview of what we are doing here. Mr. Hatfield stated right now there would be just four, but there are eleven total, and two empty stores. He stated this is voluntary compliance and they will work with them like they do with any code enforcement issue. Mayor Borno stated he would like to add in Sec. 13 -164, (a) (1) "an operational" security camera ... Mr. Hatfield stated they can add that wording, but the Ordinance requires a test photo once a year so when they come by to verify again they have to test it and show them and the owner must keep a log stating it was checked. Mayor Borno also asked that under Sec. 13 -164, (c) they add ... "an operational" silent alarm. He stated he likes the idea and looks forward to seeing this come back to the Commission at the next meeting. E. Updates /Amendments to Code Enforcement Board Ordinance. Assistant City Manager David Thompson explained the original ordinance has become obsolete and this is to bring our local Code in compliance with State law. He stated staff was asking for the Commission's approval to move forward and bring it back for a first and second reading for adoption. He answered questions from the Commission. It was the consensus of the Commission to direct staff to bring the Ordinance back to the Commission. F. Proposed Revisions to Public Right -Of -Way and Beach Access Beautification Program. Public Works Director Rick Carper summarized his staff report and explained the proposed revisions to the Public Right -Of -Way and Beach Access Beautification Program. Commissioner Parsons pointed out that under "Cost, item # 1." it should include "public right -of -way" where it states ...beautifying/maintaining a beach access or median... He also asked what was the "Sunshine State One Call" mentioned in "Cost, item # 5 ". Mr. Carper explained State law requires that Sunshine State One Call be called before digging for any project. He stated this organization is responsible for locating nonpublic -owned utility cables that are located in the City's right -of -way. He stated they have all the maps that show these utilities. Mayor Borno pointed out some additional scrivener's errors: Under "Purpose ", second line insert "public" in front of right -of -way; on third page, item 10, add "public" in front of "right -of- way ", which Mr. Carper stated he will correct. Mayor Borno asked whether the beach access groups are required to turn all of their money over to the Finance Department and have everything go through them or do they maintain their own funds. Mr. Carper stated they can maintain their own funds and make purchases, October 11, 2010 REGULAR COMMISSION MEETING Page 8 but it does not count toward the match. He stated they allocate $300 for the match and they can spend all the money they want if they are not trying to get our matching money. Motion: Approve the proposed and amended revisions to the Public Right -Of- Way and Beach Access Beautification Program. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED G. FY 2010 -2011 Resurfacing Project. Mr. Carper explained his proposal to take portions of the project (which he showed on a slide) out of the R.B. Baker contract as added in Change Order No. 10 and have that resurfacing done by Duval Asphalt through the COJ annual contract, which would be a significant cost savings. Motion: Approve reallocation of resurfacing dollars to allow staff to piggy -back on City of Jacksonville's annual resurfacing contract with Duval Asphalt for resurfacing in the Royal Palms Subdivision as allowed by the City's Purchasing Code 2- 336(6). Moved by Parsons, Seconded by Fletcher. Commissioner Fletcher commended Mr. Carper for his efforts on this. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED H. Proposed Change Order No. 11 to Royal Palms Drainage Rehabilitation Project (PW0905). Mr. Carper explained the change order, stating this is a savings in cost of $17,000 that he is asking to be put in the contingency fund. He stated he was asking for formal approval of the Commission. He answered questions from the Commission. Motion: Authorize the City Manager to execute Change Order No. 11 to the R.B. Baker Construction contract. Moved by Fletcher, Seconded by Parsons. Commissioner Fletcher asked where we are on this contract. Mr. Carper stated they are at approximately 90 %, explaining they still have $50,000 in contingency funds left. Commissioner Parsons asked what this does to Wahoo and Cutlass. Mr. Carper stated Wahoo Lane will not be touched by construction. He stated Wahoo has a concrete pipe and they have had one point repair and it was going to be replaced because it was 4 ft length concrete pipe instead of the standard 8 ft but was one that was a "nice to have ". October 11.2010 REGULAR COMMISSION MEETING Page 9 He stated Cutlass is corrugated metal pipe and is in fair or better condition but it is out of the road so if they come back to make the repair at a later date they don't have to tear up the road to do the repair. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson explained the Tax Digest is down about a third of a percent this year, so we expect to receive about $16,000 less than what was budgeted. Mr. Hanson reported on the usage of CrimeReports.com, which is a web -based crime reporting system offered by the City for public usage. Mr. Hanson asked Mr. Hatfield to give an update on the Mayport Corridor project. Mr. Hatfield reported on the projects planned which include: the crime -free housing program; a weekly meeting for young adult males in Donner and Jordan Parks to discuss life issues; Project Acceleration, a program where students from the Ace Program at Fletcher High come to the community centers with all the materials needed to help elementary and middle school children with their science fair projects; a night- time basketball program starting in December; continuing the Jobs Program for the youth in the community which now has five youth working in local businesses; developing a program called Grandparents Raising Grandchildren; the Royal Palms streetscape project; Girls Inc. which will discuss preventing pregnancy, friendly peersuasion and a literacy program; a tree program for the Mayport Corridor; working with high school students as volunteers to help with the elderly; and working with CARAC to start a monthly art program for the children in the community centers as well as free music in the parks throughout the area. Mayor Borno mentioned there had been a change in personnel for the COPS program. Mr. Hatfield stated the new person has been received by the community real well, has a great personality and is a perfect fit for this program. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Clerk Bartle City Attorney • Reported she will be attending the Florida Association of City Clerks Certification Academy in Lake Mary this Wednesday, Thursday, and Friday and if they needed anything while she was out they could contact Nancy Bailey. Commissioner Daugherty • Asked if staff would contact the owner of Johnston Island to see what he is asking for the property, stating it would be nice if the City could purchase it as a public boat ramp or something to tie in with the Tideviews project. • Asked for an update on the Dog Park. Mr. Hanson explained they asked Jacksonville for an extension on the agreement to the end of December because October 11, 2010 REGULAR COMMISSION MEETING Pate 10 the current grant expired September 30. He stated the extension was sent over and we have signed it and sent it back but have not received it back. He stated as far as the easement to allow for public use, they met with the church and they agreed to revise the language but we have not received it back. Commissioner Parsons • Asked that the City Manager direct staff and any other applicant to supply, prior to the Commission meeting and preferably with the agenda, any additional information such as photos, drawings, etc. that are to be presented to the Commission. He stated they have had some surprises through the years, the day of, and it is not fair to the Commission to ask them to sit there and read something when they have already prepared for the meeting. He believes those items should either be rejected or brought back up at a different time because it is not fair to expect the Commission to study them, nor is it fair to the citizens. • Thanked Dale Hatfield for a good job. Mayor Borno • Reminded everyone of the Fall Festival at Donner Park on Saturday, October 16 from 12:00 -5:00 pm. He encouraged the Commissioners to stop by and visit with the people. • Reported on the FLC Finance and Taxation Policy Committee meeting he attended last Friday. Stated he has been appointed to the FLC Legislative Committee, and the Advocacy Committee. He encouraged the other Commissioners to get more involved because it gives them the opportunity to have their say amongst their peers and establish things that go to the Legislature. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:01 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk