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Draft Min 6-26-06 v MINUTES REGULAR CITY COMMISSION MEETING June 26, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons ABSENT: Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Wolfson, was followed by the pledge to the flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on June 12, 2006. Motion• Approve the minutes of the Regular Commission Meeting on .Tune 12, 2006. The Mayor asked that the last item in the Mayor's report on page nine be corrected to state that he suggested that the City consider inviting "...the ~+• Commanding Officer of the Naval Station Mayport to attend a Commission meeting..." ~. 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 A. Presentation awarding Retired Deputy Chief John Campbell his duty pistol ~"' Mayor Wolfson commended Deputy Chief John Campbell for his lengthy service in the police department and expressed appreciation for everything he has done on behalf of the City. City Manager Hanson noted that the Deputy Chief had been on Atlantic Beach's police force for sixteen years and reviewed his long history as .. ~.. ~,., June 26, 2006 REGULAR COMMISSION MEETING Page 2 police officer in other locations as well. He wished him luck in his future endeavors. Deputy Chief Campbell thanked the City Manager and the Mayor and stated he enjoyed working for the City but was now moving on to a job in the ... private sector. The Mayor then presented the Deputy Chief with his duty revolver and badge. The Mayor also informed the Commission that Jeanne Shaw, Secretary to the City Clerk, will be moving to Cocoa Beach and this would be her last ~„ meeting. He thanked her for her service to the City and wished her luck in her endeavors. B. Presentation from Greg Kupperman, Sub-Committee Chairman, on Town Center Overlay District ,~. Mayor Wolfson reported that the Town Center Agency had to postpone this item and that they will contact the City when they are ready to reschedule their presentation. Stephen Kuti, 1132 Linkside Drive, noted that he has been traveling in ~• Europe and has missed several meetings. He expressed his concern with how the proposed Walmart in Neptune Beach may affect the main exit from Atlantic Beach on Seminole Road. He indicated that he is not against ~* Walmart as a business but is very concerned with the potential impacts on traffic in Atlantic Beach. He asked the Commission to consider having a traffic study done on that area or reviewing the results from Neptune *~ Beach's traffic study. He strongly urged the Commission to prevent Walmart from adversely affecting Atlantic Beach's traffic patterns. '" Mayor Wolfson responded to Mr. Kuti's comments and discussed the resolution proposed by Commissioner Fletcher at a previous meeting. He recapped the City Attorney's position and response to that proposal. Mr. ~" Kuti strongly reiterated that a traffic study be conducted specifically on the Seminole Road area. '"" Susan Snead, 261 Beach Ave, related an incident in which she picked up a canister of phosphorous found on the beach and referenced a discussion she had with a police officer during that situation. She reported that there is a "~" rumor in the community that the Sea Turtle Inn has been sold to Marriott and that they would like to renovate the entire footprint up to eight stories high. She stated her opposition to any portion of the Sea Turtle Inn being higher than 35 feet, other than what currently exists. She expressed concern that plans to build the entire structure up to eight stories would overpower Town Center. She believed the community had the right to be informed of the plans for that location. June 26 2006 REGULAR COMMISSION MEETING Paee 3 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting °"" A. City Manager's Follow-up Report City Manager Jim Hanson announced that the post office entrance from ~. Plaza Road is now open after a number of years of working on this project. He reviewed the discussions that the City has had with the post office regarding this project since December 1999. He noted that the main delay was the post office needed to acquire funds to make the changes on their property. He indicated that the main purpose for this access was to improve safety of the traffic flow and there will be more improvements made in the near future. Mayor Wolfson thanked the City Manager for his perseverance with this project. ,~. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and Utility Sales Report for May 2006 (City Manager) Motion• Approve Consent Agenda as presented. Moved by Simmons, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Committee Reports Action on Resolutions 5. Committee Reports None. 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-194, Introduction and First Reading ~'" AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL ~"' BUILDINGS IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion• To approve Ordinance No. 90-06-194 on first reading. June 26 2006 REGULAR COMMISSION MEETING Pase 4 Moved by Borno, seconded by Fletcher ~. City Manager Hanson reported that he has received further correspondence from management of the Sea Turtle Inn, addressing the Commission's ~" discussion at the previous meeting to grant the Sea Turtle Inn an exemption from the proposed 35-foot height referendum. He distributed a letter from Remington Hotels, management company for the Inn. This document is ""' attached and made part of this official document as Attachment A. He pointed out that Bill Hood, of Remington Hotels, and Jeff Johnson, general manager of the Sea Turtle Inn, were both in the audience this evening and asked Mr. Hood if he would come forward and explain their suggested alternative. Bill Hood, representative from Remington Hotels, Dallas, Texas, reviewed his understanding of the first reading being presented that evening. He believed that the proposed option for expansion would be oppressive to the Town Center area by its massive scale and its obstruction of the ocean view. He made it clear that the Sea Turtle Inn will not be a Marriott Hotel. He explained their future ideas and goals for expanding, renovating, and reconfiguring the structure in order to add a new entrance, elevators, and other improvements. He expressed their desire to maintain the right to create more rooms on the property in order to raise money for future renovations. However, instead of being allowed the right to request expanding the height of the existing footprint, Mr. Hood suggested considering the right to expand on a smaller footprint, extending westward from the current tower. ~. Mayor Wolfson noted the importance of this decision and encouraged Mr. Hood to thoroughly explain his position as much as possible before the referendum goes before the citizens. Mr. Hood continued to compare the two ideas and noted that he should be able to provide the City with a rendering of .his proposed idea within the *~ next few weeks. Commissioner Borno addressed the differences between the two plans as presented in Remington's letter: Commissioner Fletcher asked for specific facts to persuade the Commission of the necessity to upgrade the hotel. Mr. Hood indicated the upgrade would help generate the revenue needed in order to meet the competitive edge in the arena of group and meeting space. He mentioned that they would like to include the addition of a spa in their upgrade and believed that aboutique-style, four-star hotel would fit perfectly in the community here. Commissioner Simmons discussed problems with the proposed parking garage and the fact that it would be surrounded by residential zones on three ~' sides. She did not believe it would be appropriate in that area and suggested that, if the City wished to consider the idea, they should poll the residents in the surrounding neighborhood. ~. June 26, 2006 REGULAR COMMISSION MEETING Page 5 Discussion ensued regarding the various possible ways to expand the current footprint of the hotel and which portions to allow exemption from the proposed 35 foot height referendum. Mayor Wolfson clarified that the Sea Turtle Inn's new proposal would allow a height exemption of only the westward expansion of the tower and would keep the rest of the current footprint at its existing height. The Commission and City Attorney proposed language to adequately state the exemption being discussed. The Mayor emphasized that this language does not give approval of the exemption but allows future commissions to consider a proposal as allowed in the referendum. Mr. Hood mentioned that the Inn desired to have larger rooms in the new westward expansion of the building so that, as part of a luxury hotel, more bathroom fixtures could be included. He indicated that this might make the westward expansion extend slightly past the. north and south boundaries of the current tower. The Mayor suggested that the ordinance be sent back to staff to be rewritten so as to include the Sea Turtle Inn's new proposal. Commissioner Borno withdrew his motion and Commissioner Fletcher withdrew his second. Mayor Wolfson inquired about the timeline for the referendum. The City „w Manager replied that the ordinance would need to be passed in July in order to get the referendum on the ballot this year. ~,. Commissioner Fletcher proposed some grammatical changes be made to the referendum in order to make it clear for citizens when casting their votes. He asked that these be incorporated in the revised language. The .. Mayor also suggested it would be appropriate to amend the language as follows, "... allowing buildings presently exceeding 35 feet to be repaired or to be replaced to existing height, ...." It was the consensus of the Commission to have staff bring back the ordinance with the revised language as discussed. ~. B. Ordinance No. 20-06-78, Public Hearing and Final 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. The Mayor read the ordinance by title only and opened the floor to a public hearing. There were no public comments and the Mayor closed the public hearing. ~. +~ June 26 2006 REGULAR COMMISSION MEETING Pase 6 Motion• To approve Ordinance No. 20-06-78 on final reading. ~"' Commissioner Borno explained that this is a change to the general fund in order to cover expenses for legal services that have been incurred since the budget was created. Moved by Simmons, seconded by Borno Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Report on condition of The Palms Apartments (City Manager) City Manager Hanson provided the background on this item. He noted that the City sent a certified letter to Mr. Kologi, the owner of the Palms, stating their ruling on the status of the apartments, and Mr. Kologi has since responded with phone calls and a letter outlining a plan of action for the complex. The City Manager asked the police department to look into the condition of the area last weekend and this morning. He asked Lieutenant Henry Bartle to present an update on the complex. ,,., Lieutenant Bartle displayed pictures that were shown at the last Commission meeting and compared them with photos taken that morning at the Palms Apartments. He pointed out that there were workers boarding up ,,,. the buildings, 24-hour security on the premises, windows and doors were secured, grass had been cut, debris was removed, and `No Trespassing' and code enforcement signs were posted on all the buildings. Commissioner Simmons stated that she drove through the area that morning and found the complex's appearance very ugly and unacceptable, ~* especially to neighboring residential areas. She did not believe that it fit in with the City's community standards and urged the Commission to move forward with correcting the situation as quickly as possible. Commissioner Fletcher agreed with Commissioner Simmons. He noted that despite improvements made, the area is still a disaster in appearance. He ~' also was concerned that the pool is a safety hazard and should be closed immediately. He asked the City Attorney what actions and time limits can be established by the City to have the owner correct the situation. City ~"' Attorney Alan Jensen responded that ultimately the City can demolish the property if the situation is not corrected but that there is no legal time limit established for that. Commissioner Fletcher spoke in favor of demolition of ~' the site if the appearance of the area is not improved within 3-6 months. ~. June 26 2006 REGULAR COMMISSION MEETING Paee 7 Mayor Wolfson noted that the owner indicated there was an offer pending to have a contract for sale of the property by August 1St. The Mayor asked '"' that the owner be required to fill the pool in with sand immediately and to have the complex well-lit at night. The Mayor stated the current standards set for the area by the owner are not satisfactory. City Manager Hanson discussed the need for continuous security services to remain in place in order to keep the vagrants, prostitutes, and drug dealers '~' out of the area. The Mayor stated that any new owner should also be required to meet the same standards set by the City for the condition of the complex or else the City will have the buildings demolished. He asked if ~"" there was a representative for the property owner in the audience. Paul Harden, introduced himself as Mr. Kologi's attorney and informed the Commission that he has been communicating recently with the City Manager. He suggested that he and the City work out an agreement and a time frame for the conditions they would like to see met. He stated that the previous contract for the property fell through but the owner is now in the process of negotiating a new contract and believed he would need more than six months to follow through on everything. He asked that the City create a written understanding of their expectations for the property owner. ~„ The Mayor continued discourse with Mr. Harden and strongly declared his discontent for the property owner. He declared Mr. Kologi to be irresponsible and an embarrassment to the community. Mayor Wolfson „~, noted that the Commission has been patient up to this point but the situation has become intolerable. He indicated that if the condition is not improved as negotiated, the City will call for demolition of the property immediately. Mr. Harden stated he will convey the City's sentiments to the owner and again requested that the City Attorney and City Manager present an ~. accurate written draft of their expectations for the property. Mayor Wolfson stated for the record that the Palms apartment had ~. previously provided affordable housing for low-income members of the community and that the property owner forced those people to find other homes anal has made it into a place of squalor and unfit living conditions. The Mayor insisted that he has no confidence in the owner and that Mr. Kologi needs to close on the sale of the property by August 15. B. Stormwater Storage (Public vs Private) Cost Comparison (City Manager) City Manager Hanson asked Rick Carper, Director of Public Works, to present his report. Mr. Carper noted that Atlantic Beach is one of few ~" communities in Florida that has created a stormwater storage requirement at the individual lot level. He reported that at the City Manager's request, he created a cost analysis comparing the individuals' costs to the City's cost to June 26, 2006 REGULAR COMMISSION MEETING Pave 8 provide the additional stormwater storage needed if the City no longer required individual owners to provide it. He reviewed the cost comparisons '""' and the alternatives as provided in his report. Mr. Carper recommended that, based on the analysis presented, the City should continue requiring onsite storage by individual owners. Commissioner Borno commented on the misunderstandings from citizens regarding this requirement. He noted that there are a number of options and '"' ways for homeowners to meet the stormwater regulations and encouraged people to approach the issue innovatively. ~' Mayor Wolfson thanked Mr. Carper for his informative report and suggested that staff put together information that can be mailed from the City Clerk's office to citizens who contact the City with questions regarding the issue. C. Investment Policy Update (City Manager) Nelson Van Liere, Finance Director, provided a summary of the investment policy update. He pointed out that it had not be updated in ten years and that it was originally adopted as a mandate from Florida State Statutes. He created the updated version by examining how other cities revised their policies and also received input from the City's financial and pension advisors. He highlighted the reasons for the changes, noting that the primary one is to allow the City to make investments for longer than eighteen months. He reviewed some of the other changes made to the policy, as noted in his report. He pointed out that an additional change was made to the draft that was presented in the agenda packet. The amended language would require both the Finance Director and the City Manager to sign off on any investment transactions, as opposed to the current requirement which allows any two signatures out of the Finance Director, City Manager, or City Clerk. This revision to the draft is attached and made part of this official record as Attachment B. Motion• To approve the updated Investment Policy with the revision as noted. Moved by Borno, seconded by Fletcher Votes: ,~ Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED D. Designate Voting Delegate for the Florida League of Cities conference (City Manager) City Manager Hanson explained activities at the Florida League of Cities' June 26 2006 REGULAR COMMISSION MEETING Paee 9 annual conference and the need for each city to have a delegate present to vote on the issues. Commissioner Simmons commented that Commissioner Waters has been a wonderful delegate for the City, however, she noted that he is now term '"' limited. She suggested designating a new delegate who would be able to provide some longevity in that role. Commissioner Simmons recommended either Commissioner Fletcher or Commissioner Borno as the new Voting '~"' Delegate. Commissioner Fletcher stated he is currently involved with the Northeast Florida Regional Planning Commission. Thus, Commissioner Borno agreed to accept if designated. Motion• To designate Commissioner Borno as Voting Delegate for the Florida League of Cities conference. Moved by Simmons, seconded by Fletcher Votes: ~ Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Commissioner Fletcher asked if the Commission has any issues they would like to submit for resolutions at the next conference and pointed out that ~„ they only have until July 5`i' to do so. Mayor Wolfson suggested that the Commissioners think about it and bring ~, their ideas to next meeting. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported that the vacant position from John Campbell's retirement has been downgraded from a deputy police chief to a •~ captain. He gave the reasons for this change and noted that the City has had a good response in applications. He discussed the selection process in further detail and expected it will take 2-3 months to hire the right person #* for the position. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney A. Recommendation for appointment to the Cultural Arts and Recreational Advisory Committee (Mayor) ~. une 26.2006 _ REGULAR COMMISSION MEETING Pase 10 Mayor Wolfson recalled the interview that took place in April. He noted that Kelly Mannel was appointed for the first vacancy on the Corrunittee and that Jolyn Johnson was recommended to fill the next vacancy, starting in July. He acknowledged that Ms. Johnson is in the audience that evening. Motion• To appoint Tolyn Johnson to fill the vacancy on the Cultural Arts and Recreational Advisory Committee. The Mayor thanked Ms. Johnson for her willingness to join the City and offer her services to the Committee. 'w Moved by Borno, seconded by Fletcher Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson ~" Nay: 0 MOTION CARRIED Commissioner Borno • Addressed a letter sent from resident, Chris Anderson, and the concerns Mr. Anderson expressed regarding the bike path being extended on the west side of Seminole Road. The Commissioner asked if anyone responded to the letter. The City Manager stated that there are no plans in the immediate future to connect the bike path on either side of Seminole Road. The Commission discussed the plans for the bike path. Commissioner Borno asked that the City Manager send a response to Mr. Anderson. Commissioner Fletcher • Brought up the Neptune Beach development board meeting held that week to discuss the Walmart issue. He noted that almost 300 citizens showed up to express opposition to the proposed plan. He reiterated his concerns for the traffic and crime problems that could arise for Atlantic Beach residents. He asked if the City Attorney could review findings of fact in the Neptune Beach traffic study to determine if it would give the Commission reason to object to the Walmart. He handed out and reviewed statistics on crime relating to Walmart stores. He asked if the City could proactively consider legislation limiting the square footage for commercial businesses in Atlantic Beach. City Manager Hanson responded that that City Code already does that by addressing big box retailers at the beach. Mayor Wolfson asked for the Commissioner's thoughts on Walmart's potential impact on the intersection of Seminole Road. ~+ Commissioner Fletcher mentioned that, with the high cost of traffic studies, he would suggest reviewing the results of Neptune Beach's study first. He discussed more details regarding the issues affecting une 26 2006 REGULAR COMMISSION MEETING Page 11 Seminole Road and Atlantic Boulevard. Mayor Wolfson asked that staff continue to monitor and inform the Commission on the traffic patterns and site plans being proposed by Walmart. Mayor Wolfson • Reminded everyone that the Community Development Board will resume its meeting this Thursday at the Adele Grage Community Center. He stated that there will be a final workshop sometime after that meeting and will involve the members of the CDB, the citizen adhoc committee, and the recommendation from the CDB. After that workshop, the Mayor indicated that the issue will be forwarded to the City Attorney. Commissioner Fletcher asked the City Attorney if it is legally required to hold another workshop. City Attorney Jensen responded it is not a legal requirement and noted that the Community Development Board has indicated they do not desire to have another workshop. The Commission proceeded to discuss their views on whether or not another workshop should be scheduled at this time. It was the consensus of the Commission to wait until receiving a recommendation from the Community Development Board in order to determine if a workshop would be necessary to answer any questions or provide further clarification of the recommendation. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:22 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk