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Draft Min 6-12-06„~ ~. MINUTES REGULAR CITY COMMISSION MEETING June 12, ?006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Commissioner Mike Borno City Clerk Donna L. Bussey Commissioner Jamie Fletcher City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons ABSENT: Mayor Pro Tem J. Dezmond Waters III Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation was given by Commissioner Borno. Miss Susannah Johnson led the Commission in the Pledge of Allegiance to the Flag. Mayor Wolfson introduced Miss Johnson and commended her for the letter she sent to him and the Commissioners. He presented her with the City pin and thanked her for her interest in the City. 1. Approval of the minutes of the Regular Commission Meeting on Approval of Minutes May 22, 2006. Motion• Approve the minutes of the Regular Commission Meeting on May 22, 2006. Moved by Borno, seconded by Simmons Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Pat Pillmore, 995 Camelia Street, discussed the Mayport Waterfront ~"" Development project and its effect on the safety, speed, and development along Mayport Road. She reiterated her requests for reduced speed on Mayport Road and a large pedestrian crossing sign at Mayport and Plaza. "' She also commented on the Community Character project. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting ~. June 12 2006 REGULAR COMMISSION MEETING Paee 2 A. City Manager's Follow-up Report City Manager Jim Hanson discussed his written report on short term rentals, which is attached and made part of this official record as Attachment A. He asked Chief David Thompson, Director of Public Safety, to provide further information to help clarify the topic. Chief Thompson discussed the details concerning complaints regarding short term rentals and explained the history of the law pertaining to this issue. He explained that the ordinance which the commission approved did not change the law, but merely reinforced it and prohibited the advertising of this illegal activity. He informed the Commission that the State government regulates short term rentals as a business and thus, those businesses would have to comply with many State regulations if they were even allowed in the residential districts. The Mayor reemphasized that this law prohibiting short term rentals has been on the books for over 15years. He noted that, although the City and the Commission have been aware of and have been enforcing this law, there were citizens who did not have an understanding of it. He reiterated that the vote taken to adopt the ordinance at the last meeting was to clarify the law and to prohibit the advertisement of this illegal activity. City Manager asked Chief David Thompson, Director of Public Safety, and Rick Carper, Director of Public Works, to provide an overview of the weather update relating to Tropical Storm Alberto. Chief Thompson reviewed the report from Jacksonville's Emergency Operations Center and discussed how the storm might affect the Atlantic Beach area. Mr. Carper explained the preparation measures being taken by the public works department. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Report and New Occupational Licenses issued in May (City Manager) B. Award Bid Number 0506-9 (Re-bid) for Resurfacing of Five Tennis Courts to Tennis Unlimited Maintenance & Supply in the amount of $16,000 (City Manager) C. Award the Annual Contract for Cleaning and Televising Sewers (Bid No. 0506-13) to American Water Services Underground Infrastructure, Inc. at the bid prices (City Manager) D. Award the contract for Security Fencing Improvements at Wastewater Plant No. 1 and Water Plant No. 1 (Bid No. 0506- 12) to Big T's, Inc. in the amount of $46,227.50 and include a contingency amount of $4,622.75 for a total of $50,850.25, and authorize the City Manager to sign the contract (City Manager) E. Extend the Annual Contract for Chlorine (Bid No. 0405-18) for one additional year to Jones Chemical, Inc. at the current contract prices (City Manager) .Tune 13 2006 REGULAR COMMISSION MEETING Pale 3 ~. F. Extend the Annual Contract for Sulfur Dioxide (Bid No. 0405- 13) for one additional year to Brenntag Mid-South, Inc. at the current contract prices (City Manager) G. Authorize the Mayor to sign the Application for Revenue Sharing for 2006-2007 (City Manager) H. Authorize the Mayor to sign the related paperwork for the application and the paperwork related to the JAG II, and authorize Chief Thompson to submit the application on-line and electronically sign the on-line application on behalf of the Mayor and the City (City Manager) I. Authorize staff to purchase the Walker Process clarifier equipment from MTS Environmental in the amount of $89,840 and authorize the City's annual Point Repair Contractor, Gruhn May, Inc. to complete the repair and rehabilitation of the clarifier in the amount of $42,180 and waive the formal bidding process (City Manager) J. Approve the list of property declared as surplus and authorize removal of items from City's property records and disposal of items in accordance with City policy (City Manager) Motion: Approve Consent Agenda Items as presented. Moved by Simmons, seconded by Fletcher Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson 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. 20-06-78, Introduction and First Reading "~` AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, ~.. 2006. ~. Mayor Wolfson read the ordinance by title only. Commissioner Borno pointed out that this ordinance would adjust the general fund in order to pay professional legal services fees that were incurred since the budget was ~, approved. Motion: To approve Ordinance No. 20-06-78 on first reading. June 12 2006 REGULAR CONINIISSION MEETING Page 4 Moved by Simmons, seconded by Borno Votes: ~.. Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Policy on Holiday Displays in Town Center (City Manager) City Manager Hanson reviewed the background of the issue. He stated that the City never intended to discriminate against anyone, but ended up involved in a legal suit as a result of trying to accommodate different groups. He pointed out that now is an appropriate time to determine a policy for the holiday display in the future. Mr. Hanson reviewed the advantages and disadvantages of each of the options in the staff report, as provided by the City's insurance attorney Michael Roper of Bell, Leeper and Roper, P.A. He stated his recommendation to maintain the holiday tradition as established and provided by the two cities. He asked the Commission for a decision on the matter. Motion: To limit holidav displavs in the Town Center area to a secular _""" holidav tree which is owned, erected, and controlled by the two city government entities and deny all other requests for private displavs. The Commission discussed the issue. Mayor Wolfson noted that he has spoken with Neptune Beach's Mayor Brown but that currently Neptune Beach officials have not provided any feedback on the issue. He stated that '! he would like to ensure that the City of Neptune Beach is in agreement with the City of Atlantic Beach before moving forward. The Mayor proposed ~, that, since the property at Town Center is owned by both cities, the city managers should meet in order to get an indication if they are in accord with each other. Commissioner Simmons called the question. Moved by Borno, seconded by Fletcher Votes: ~,. Aye: 3 -Borno, Fletcher, Simmons Nay: 1 -Wolfson MOTION CARRIED The Mayor clarified that he was not opposed to the motion but that he wanted to provide Neptune Beach officials the courtesy of discussing the ~. issue before declaring a position on the issue. B. Report on the Palms Apartments (City Manager) City Manager Hanson asked Chief David Thompson, Director of Public Safety, to present a report on the current situation at the Palms Apartments. ~. ~• June 12 2006 REGULAR COMMISSION MEETING Pale 5 Chief Thompson showed photos indicating the deplorable conditions at the apartment complex and discussed the health. hazards and state of disrepair. City Manager Hanson informed the Commission of the legal status of the apartment complex and noted that it has been vacant of paying tenants for a couple months. He indicated that a number of developers have expressed interest in buying the property, but so far no definitive action has been taken. At the advice of the City Attorney a letter was written and sent to the owner of the property, giving a deadline of June 26, 2006 for the owner to appeal the City's determination that the property is unsafe and unsanitary and the buildings should be demolished. The City Manager notified the Commission that this item would come before them at the next Commission meeting for consideration of the owner's response or lack thereof. ~' The Commission continued to discuss the status and condition of the property. The Mayor asked that signs be posted notifying that the City has condemned the property. He expressed his displeasure with the situation ~"' and believed it to be a health and safety hazard for the community. He strongly encouraged staff to move towards demolishing the property as soon as legally possible. C. Approve awarding the Deputy Chief Officer's duty pistol and duty badge to Retired Deputy Chief John Campbell (City Manager) City Manager Hanson commended Deputy Chief Campbell on his years of excellent service with the City. Motion: To approve awarding the duty pistol and the Deputy Chief duty bade to Retired Deputy Chief John Campbell. Moved by Borno, seconded by Simmons Votes: ~„ Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson asked if Chief Campbell could come before the Commission at one of their meetings in order to be awarded his badge and duty pistol. D. Update on City Welcome Signs (City Manager) City Manager Hanson asked Rick Carper, Director of Public Works, to present his report on this item. 0 ,tune 12 2006 REGULAR COMMISSION MEETING Pace 6 Mr. Carper displayed and discussed the changes made to the first draft of the welcome sign. This information is attached and made part of this official record as Attachment B. Mr. Carper noted that currently there is no sign located at the entrance on the Atlantic Boulevard and showed examples of the sign recommended by staff, explaining the improvements proposed. He discussed the cost estimates for a sign from a local sign company versus an out of state business. The Commission proceeded to discuss the details of the sign options. Mayor Wolfson mentioned the need to address the lighting and landscaping at the sign location. It was the consensus of the Commission to proceed with staff's '"' recommendation to purchase a cedar sign from the local company and regularly maintain the signs. E. Update on Hurricane Protection for Commission Chambers (City Manager) City Manager Hanson asked Rick Carper, Director of Public Works, to present the information on this item. Mr. Carper described the details of the options for window protection of the Commission Chambers. He noted that prior to the meeting he distributed an update to the cost comparison given in the agenda packet and discussed this new information. This information is attached and made part of this official record as Attachment C. ~. Mr. Carper addressed the availability of each product from the different suppliers and the amount of time and labor involved with the installation of each type of system. Commissioner Borno asked for a comparison of the ~, wind-load for each system. Mr. Carper responded that all meet the requirements for the wind zone of Atlantic Beach. ~„ The Commission discussed the pros and cons of each system presented and the fastening mechanisms used with each. They addressed the effect on the budget, the need to waive the bid process, and the estimated delivery time ~„ involved. Mayor Wolfson spoke in favor of choosing the Lexan panels which have been proven to work well at other municipalities. Motion: To waive the bid process due to an emergency situation and authorize the purchase of the Lexan transparent storm panels from Ace at the cost of $15, 933 with an estimated three to five weeks delivery time. Moved by Borno, seconded by Wolfson Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED ~. June 12, 2006 REGULAR COMMISSION MEETING Page 7 F. Discussion of 35-foot height limitation language to be considered within the ordinance authorizing a voter referendum amendment to the City Charter (City Manager) City Manager Hanson reviewed the efforts given to crafting the language ~. for the referendum in order to address exceptions for the Sea Turtle Inn and for certain architectural elements in non-residential areas. He indicated that City staff has met with Sea Turtle staff and that the owner of the Inn, Jeff ~" Johnson, is in the audience tonight. An aerial view of the Sea Turtle Inn was displayed, illustrating the areas being discussed. Mr. Hanson reviewed the proposed language which would allow the Sea Turtle Inn to be exempt ~"' from the 35 foot height limit in the southern portion of its property, subject to Commission approval. ~" Jeff Johnson, General Manager of the Sea Turtle Inn, thanked the Commission for their consideration and inclusion in the planning process. He stated that the business currently has no specific plans for expansion. ~" Commissioner Fletcher clarified and discussed the property area being proposed as an exemption from the height limit. '~" Mayor Wolfson voiced concern with the possible mass and scale of future construction and expansion on the property outside of the building's current footprint. He believed this could be detrimental to Town Center. ~.. The Commission discussed a variety of options for exempting the Sea Turtle Inn from the height referendum. It was suggested to present a compromise by allowing the business to build up to its existing height, but only within its current footprint. It was the consensus of the Commission to direct staff to rewrite the proposed Charter referendum amendment, limiting the Sea Turtle ~„ exemption to its current footprint, or equal size, on. the property, and bring it back for first reading of the Ordinance. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Commission to his written report, ~• which is attached and made part of this official record as Attachment D. His report discussed the issues of the City Building Official position and of the Florida League of Cities Annual Conference. He also reported that he and Donna Kaluzniak attended a meeting regarding the TMDL standards last week. He reported that the process is slow but is *~ moving towards setting more stringent limits that would cost the City more money. He discussed the attempts being made by the DEP and by an environmental group to set different standards for reducing the allowable .. June 12, 2006 REGULAR COMMISSION MEETING Paee 8 amount of nitrogen in the river. The City Manager provided more details on the potential effects the standards could have on the City of Atlantic Beach and its budget. Mayor Wolfson inquired as to the timeline for any decisions regarding the TMDL issue. Donna Kaluzniak, Director of Public Utilities, responded and indicated that permitting issues might be affected as early as August. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Attorney Jensen A. Two-lot subdivision ordinance (City Attorney) City Attorney Jensen discussed the proposed draft of the ordinance to '"' change the subdivision regulations. He referred the Commission to his opinion as provided in their agenda packets. ~" Commissioner Borno spoke against changing the approval process for the regulations. He believed the current system works well and that staff reviews and makes decisions in accordance with the law. City Attorney Jensen advised that the regulations need to be stated clearly, definitively, non-arbitrarily and with no discretion involved in the decision process. Commissioner Simmons clarified that the Commission needed to decide on ~. two separate issues pertaining to the subdivision regulations: what criteria need to be met for approval and who decides if the criteria have been met. City Attorney Jensen reviewed his recommendations as listed in his staff report. He advised that the subdivision regulations should not involve any decisions regarding trees on the property in question. He noted that those issues should be addressed by the Tree Conservation Board. Commissioner Simmons spoke in favor of the subdivision regulations continuing to be approved administratively. ~,. Commissioner Fletcher believed that, in order to create more checks and balances, the approval process for a land subdivision should be changed to require a decision by the Community Development Board. The Mayor agreed with the City Attorney's opinions, but believed that the new regulations should state that no lot can be subdivided from afully- ~• platted subdivision or be subdivided into lots smaller than it was originally platted. June 12 2006 REGULAR COMMISSION MEETING Page 9 M. Commissioner Borno questioned the reasons for changing the decision- making process from an administrative approval to a decision made by the Community Development Board. It was suggested that the City Attorney rewrite the ordinance so as to include the language that no lots in afully-platted subdivision of record may be further subdivided into lots of less size than the historically platted lots. City Attorney Jensen stated he would like to confer with the Community Development Director, Sonya Doerr, prior to bringing back the revised ordinance. It was agreed that the item would be put on the agenda for reconsideration at the first regular Commission meeting in July. Mayor Wolfson • Encouraged the Commission to attend the Florida League of Cities meeting in Jacksonville this August. • Reported that he continues to attend the Mayors' Meetings and that there has been strong cooperation in their discussions of many issues affecting the beach cities and Jacksonville. • Noted that he attended the ceremonies for the return to service of the U.S.S. Florida and the commissioning of the U.S.S. Farragut. He was pleased to report that he spoke at great length with the Secretary of the Navy regarding the spirit of the relationship between the City and the naval base. Mayor Wolfson suggested that the City consider creating a proclamation to honor the naval base and invite the Secretary to attend a Commission meeting in order to be presented with the proclamation. City Clerk • Announced that she will be absent at the next Commission meeting, due to attending the FACC conference. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:42 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk