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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING February 27, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order /Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. He welcomed Boy Scout Troup 837, in the audience, who were working on merit badges. 1. Approve the minutes of the Regular Commission Meeting of February 13, 2012. Motion: Approve the minutes of the Regular Commission Meeting of February 13, 2012. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. A. Proclamation Commemorating the 100 Anniversary of Girl Scouting. Mayor Borno stated there were no representatives from the Girl Scouts here tonight but he had a Proclamation commemorating the 100 anniversary of Girl Scouting and proclaiming the week of March 11, 2012 as Girl Scout Week and March 12, 2012 as Girl Scout Day. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Mayor Borno announced that Dorothy Kerber was in an automobile accident this weekend and encouraged the citizens to give her a call. Sally Clemens, 1638 Park Terrace West, referring to Item 8B, she asked if the Code Enforcement Officer's contract includes providing an automobile. She asked if it would have been better to pay her a per diem rate for City business miles. She also asked if one of the vehicles from the Police or Public Works Department could be allocated for this or could one of the cars to be auctioned be reconditioned for this usage. She also addressed 10A, stating our City Charter needs thorough tweaking to clarify the words in a citizen - friendly, simple, straight forward, plain, basic language and if it is to be voted on by the citizens at the next election should it not be ready in July. She further stated her recent observation suggests that our Commissioners be subjected to time limits to have a more fluent and objective dialogue. February 27. 2012 REGULAR COMMISSION MEETING Pa2e 2 Michael Hoffmann, 176 Camelia Street, addressed Items 8C and 8B regarding the ways the Community Development Block Grant funds have been spent and will be spent. He stated he discussed this with Commissioner Daugherty and they both believe that the CDBG funds have not been responsive to the individuals who live in the targeted communities. He stated he would like to see more input from the community, which is one of the reasons he is here. He stated he believes these should be targeted to the areas of greatest need, which is not to say he would not like to see a little of the money come to his neighborhood, Marsh Oaks. He stated he believes it is good to focus on essentially Donner and Jordan because that is where they have the pathological conditions. He addressed the prioritized projects in Item 8C, stating the sidewalks should always get priority because of the safety factor and he supports the Dutton Island stretch because it is a very heavily travelled route. He stated he does not believe they should put any money into 9 th Street West because it is too narrow and they have discussed that before. He asked why they are spending Block Grant funds on sidewalks since he understood the money would come from the General Fund. He stated he supports the Donner Ditch project and does not support the parking lot for Donner Park. Susanne Barker, 1938 Beachside Court, 10A, addressed Item 10A stating there does need to be a way that all Commissioners can voice the need for a committee and to be able to vote on it. She stated the two new Commissioners ran on fiscal responsibility, open government and citizen participation and in moving forward on promises made, along with Commissioner Woods, they have been thwarted one way or another. She stated she believes all of the Commissioners would want to be fiscally responsible and want the input of the citizens and to have open government. She stated she hopes the City Attorney, in working with the Commission, would honor the majority of the Commissioners moving forward and helping them find ways to fill their commitment of what they had promised to the citizens. She stated she respects the time and effort the Commissioners put into their job and does not believe the police building and other issues we are approaching are easy but believes we can work together. She stated having more citizen input and allowing Commissioners to be able to appoint committees, as well, with a vote by the whole Commission would be an improvement in our City Charter. Mike Whalen, 1420 Mayport Road, stated he is not against car lots, bars, tattoo parlors, etc. but he is against rubber stamping and the zoning changes for use -by- exceptions. He asked if they have a strategic plan for Mayport Road and are they still onboard for changing the complexion of Mayport Road and, if not, why. Richard Bell, 1952 Beachside Court, stated he is appalled at the peanut gallery atmosphere that has developed at Commission meetings. He stated he would appreciate more decorum and respect for the process. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. City Manager Jim Hanson stated the question was raised at the last meeting regarding the history of changes to our zoning code dealing with use -by- exceptions for auto businesses along Mayport Road. He stated in December 2006 an Ordinance was changed to eliminate heavy auto repair as a possible use -by- exception. He stated minor automotive service work is still allowable as well as used car sales. He also stated it is his understanding that the applicant for the Use -by- Exception tonight has withdrawn his request. 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 February 27. 2012 REGULAR COMMISSION MEETING _ _ Page 3 BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report, Recreation Programs /Special Events Report, Utility Sales Report, and New Business Tax Receipts Report for January 2012. B. Declare the list of property as surplus. C. Authorize the City Manager to enter into a three -year contract with Comcast Business Class for Internet Services. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 4. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business A. Public Hearing on UBE- 12- 00100005, request from Dominic Jacobellis, CARBUYERLINK.COM LLC d/b /a Beachside Ride, for a use -by- exception to permit used automobile sales as consistent with Section 24- 111(c)(10), within the Commercial General (CG) Zoning District on a property located at 1800 Mayport Road, Suite 12. Mayor Borno stated this request has been withdrawn but staff had some comments. Building Official Mike Griffin stated the applicant has withdrawn the application. He stated staff asked the applicant for more detailed information regarding the site plan indicating the number of cars he would sell at one time, and customer parking. He stated at that time the applicant also indicated he was having trouble with his leasing agent so for these reasons he believed it was too much at this time and wanted to withdraw the application. He explained this brought to light some of the issues staff should look at when someone is asking for a use - by- exception, such as asking the property owner to show ingress and egress, off street parking, any adverse effects on surrounding properties, any screening that could be required, and hours of operation. He stated he believes a lot of this could be handled at the Community Development Board level rather than coming before the Commission. He stated he believes if they ask the applicant to have a site plan showing the parking and February 27 2012 REGULAR COMMISSION MEETING Page 4 how that site will be dealt with, it would relieve a lot of responsibility. He stated our current Ordinance allows this and it can be handled at the Community Development Board before it gets to the Commission. Discussion ensued. After further discussion, it was the consensus of the Commission to ask the Community Development Board to review eliminating used car lots. Commissioner Mark stated she spoke with the City Attorney about a possible moratorium on any use -by- exceptions until they have had the strategic planning session and can review the Code and direct the CD Board to start fine tuning that. Mr. Jensen stated they have done this for other instances and they could place a moratorium on any used car lots being granted use -by- exceptions for a certain period of time while the Ordinance is under review. He stated it would take at least six months or longer before they could get something. It was the consensus of the Commission to direct the City Attorney to draft a moratorium for the Commission to consider adopting at the next meeting which would put a moratorium on new applications for use -by- exceptions for used car lots for up to a year. Mayor Borno further asked that the Building Department and Planners then look at it and give the Commission recommendations. Mr. Hanson reiterated, for clarification, the Commission is requesting a draft moratorium statement for consideration at the next meeting, asking the CD Board to consider an Ordinance to immediately eliminate use -by- exceptions for used car lots and asking Staff to prepare a list of what may be other zoning improvements that would affect the Mayport Corridor that would be recommended and considered at a later time. Commissioner Woods stated since the Community Development Board will be looking at this for the car lots should the Commission not just give them the latitude to look at other use -by- exceptions. Mayor Borno and Commissioner Mark agreed. Commissioner Woods asked the City Attorney, as far as grandfathering is concerned, if the property or business is sold do they lose their grandfathering. Mr. Jensen stated, if that is the way the exception is granted, and they usually are. Commissioner Woods asked if this moratorium would be Citywide. Mr. Hanson explained they have Commercial General zoning also on Atlantic Blvd. so it would affect any use -by- exceptions for auto sales there also. B. Request to Rebudget fiscal year 2010/2011 Community Development Block Grant (CDBG) funds for Donner Parking Area. Public Works Director Rick Carper gave the background on the improvements made to Donner Park over the past three years from the CDBG funds. He explained ABAA's season is almost 10 months long and they are major users of Donner Park, currently for practice only, but their intent is to start playing games there this summer. He gave a slide presentation showing the proposed pervious paved parking area at Donner Park. He explained it will look like grass and, although a little hard, when not being used for parking it can be used for a lot of athletic sports. He stated they would have 22 regular parking spaces, a compact vehicle space and three handicap accessible spaces. He stated the money he is asking for in this budget modification was allocated for a parking lot last year, but was not encumbered at the end of the fiscal year so he is asking to reallocate that money to this project. Mr. Hanson further explained the other items in the budget modification. Discussion ensued and Mr. Carper and Mr. Hanson answered questions from the Commission. February 27 2012 REGULAR COMMISSION MEETING Pace 5 It was the consensus to direct Staff to bring back the Budget Modification Ordinance deferred at the February 13 Commission meeting to rebudget the funds for Donner Park parking addition, with the addition of the Code Enforcement Vehicle Purchase funds transfer and to allocate funds for the COJ Solid Waste System cost analysis. C. Request to approve proposed projects for fiscal year 2012/2013 Community Development Block Grant (CDBG) funds. Mr. Hanson explained this is the time of the year they need to notify Jacksonville on how they intend to use our per capita allocation of CDBG funds, stating staff has made a list of projects that would meet the criteria. Mr. Carper explained the eligible projects for the funds were ranked as follows: (1) septic to sewer, (2) sidewalks, (3) Donner Park upgrades, (4) Marsh overlooks, (5) Rose Park improvements, and (6) Robert Street ditch upgrade. His recommendation was to put $21,000 toward septic to sewer and the remainder to sidewalks. Discussion ensued regarding the eligible projects with Mr. Carper answering questions from the Commission. Mayor Borno stated they are looking for guidance to staff on the recommendations for their request to Jacksonville. There was further discussion regarding the septic to sewer project funds. Each Commissioner expressed their preferences as related to the priorities for the eligible projects. Motion: Approve septic to sewer and sidewalk projects as described herein, with any money not used for septic to sewer to be used for more sidewalks, authorizing the City Manager to submit the request to the City of Jacksonville and sign documents as necessary to execute the contract. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Energy Grant Retrofits for City Mechanical Equipment. Building Official Mike Griffin summarized his staff report explaining the City received grants from the City of Jacksonville and the State of Florida to retrofit existing HVAC systems within the City and to achieve a minimum of 35% energy efficiency increase in seven buildings, Adele Grage, Donner Park, Jordan Park, Public Works, Commission Chamber, City Hall and the Police Department. He stated the proposals have been received and provided for the Commission's approval. Motion: Approve awarding proposals received for HVAC retrofits as recommended by Fleet and Associates. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED February 27. 2012 REGULAR COMMISSION MEETING Pace 6 Mayor Borno asked if it is correct that they still have approximately $50,000 that can be committed on more retrofits. Mr. Griffin stated that is correct; these were all driven by the 35% energy efficiency so they have to comply within that energy efficiency. Mayor Borno thank Fleet and Associates for coming tonight. E. Report on proposed amendment to Land Development Regulations for minimum separation between buildings. Mr. Griffin explained the Community Development Board discussed a recommended change to the zoning code related to the setbacks of accessory structures to main use structures. He stated currently the Code requires no separation. He stated they have given a recommendation of 5' separation from an accessory structure to a main use structure and staff recommends approval to bring this back for first reading at the next Commission meeting. Motion: Direct staff to bring this back at the next meeting for the first reading to include the revisions as recommended by the Community Development Board. Moved by Woods, Seconded by Beckenbach Mayor Borno thanked the Community Development Board stating he is glad to see they have solved this issue. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED F. Police Department Annual Report for 2011 Chief Mike Classey summarized the highlights of his report including that they were able to tag onto a regional grant to upgrade their radios to digital at no cost to the City. He also pointed out that they get audited by the Federal Department of Law Enforcement every three years and there are some more stringent conditions they will have to operate under beginning in 2013. He explained one of the changes is that they will have to do fingerprints and background checks for people who are regularly in the building. He stated the crime rate was down 3% in 2011 and the average emergency response time was 2 minutes 1 second. Mayor Borno recessed the meeting at 8:17 p.m. He called the meeting back to order at 8:24 p.m. 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on a Change Order for $16,785 for one of the clarifiers at the Wastewater Plant. He also reported on the FIND funding for FYI and stated, although this cannot be an action item since it is not on the agenda, he proposes that they notify Jacksonville and our local FIND representative that they would intend to submit an application for two of the Marsh Overlooks as in the Marsh Master Plan and putting in a kayak slip on the north end of Dutton Island. It was the consensus of the Commission to have Mr. Hanson do this. February 27, 2012 REGULAR COMMISSION MEETING Page 7 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion on possible amendment to the City Code, Section 2 -19 (8). Mayor Borno asked if Commissioner Beckenbach had seen the email from City Attorney Jensen. He stated no. Commissioner Mark stated she would like to defer until Commissioner Beckenbach has had the opportunity to look at the email and recommendation and bring it back for discussion at the next Commission meeting. Commissioner Beckenbach stated he would agree to defer. Motion: Defer to next meeting. Moved by Mark, Seconded by Borno Commissioner Woods asked that the item be moved up on the agenda when brought back. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Agreement to provide assistance for fishing tournament. Mayor Borno stated he received an email stating they were making some major adjustments and asked for a waiver of fees of $163.50 for the event and use of the Menzi Trailer, delivery set up on Friday and return to Public Works on Monday with a labor charge of $56.00. Mr. Hanson stated since this agenda came out they have amended it, eliminating the fishing tournament and substituting instead a Flag Football tournament on Saturday. He stated they are still asking for the fees to be waived, but the Menzi trailer would no longer be applicable. Motion: Waive the fee of $163.50. Moved by Woods, Seconded by Daugherty Mayor Borno asked, since this is a private event, are they required to provide their own insurance coverage or do they come under the City's from using our facilities. Mr. Hanson stated they would not come under the City's insurance since it is not a City- sponsored event. Mayor Borno stated they need to be advised they will need some type of insurance coverage. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty • Need to be very proactive in planning the CDGB funds for the coming years. • Met with JTA, through his other job, and received a commitment from them to do a survey on Mayport Road to see where they could put more bus stop enclosures. He was told they would put them in if the City kept them clean. He stated they will also be looking into solutions for the bus transfer area. February 27, 2012 REGULAR COMMISSION MEETING Pate 8 Commissioner Beckenbach • Heard good things about the Police Building Committee. Stated the facilitator was concerned there were only three different items they were to look at. He stated at one of the Town Hall meetings they had discussed those three, but others as well. He asked if the facilitator has spoken to anyone about expanding the items. Mayor Borno stated he understands his question and concern but the Committee is going to be exposed to a lot of history in these first meetings. Commissioner Beckenbach stated he hoped that anyone on the Committee should be able to make a recommendation as to other opportunities that they see. Mayor Borno stated he will investigate to see if they have a question and see what type of resolution needs to be developed and if the information provided to them for evaluation doesn't open the doors. He stated they are qualified people and he will see if they can't give them enough parameters to work in. Commissioner Beckenbach questioned the agendas and whether they can be changed. Mayor Borno stated that will be decided working with the staff liaison, the chairman and the facilitator. He stated the agendas are up to the committee to do, it is not for the Commission to get involved in. • Asked the City Attorney to give the protocol on how the Commission would set up and appoint short-term and long -term task forces. Commissioner Woods Hopes all are onboard with saving the Ferry and that they stay involved. Agreed that Rose Park has been on our strategic plan, unfunded, for a couple of years. She would like whoever said there could be funds available, either the Mayor or the City Manager, to get with Commissioner Daugherty and let him know where he might be able to come up with these funds to get that moving. Concerned because there was a request for a financial report on where the CDBG funds had actually been spent and the answer was that it would take quite a bit of time to come up with, which surprised her. She stated this keeps coming back to the organizational review, which she believes would help us in so many different areas. She believes one of those would be the process and procedure of how we keep track of these things so that reports, as needed, wouldn't be such a big strain for staff to come up with. She stated she wants to move ahead with the organizational review and does not want that to get away from us. Commissioner Mark • Attended the Jax Port Board Meeting this morning regarding the fate of the Ferry. Reported they have agreed to keep it until the end of their fiscal year, September 30, unless they terminate due to the engineering opinion on the capital repairs on the docking system and the funding necessary. She stated they have a contract with HMS that requires Jax Port to give them 180 days to terminate the contract, so if they decide to terminate based on the capital improvement repairs we could see the Ferry cease operations sooner. She further stated Councilman Gulliford has formed a task force to look at this. She encouraged citizens to rally, sign petitions, write their congressman, etc. • Announced the 7 th Annual Air Potato Roundup this Saturday at Howell Park from 9 — 12 pm and also at Hanna Park. Regarding Sally Clemens comments about the Code Enforcement Officer's contract including a vehicle, she asked the City Manager to address those. Mr. Hanson stated the Code Enforcement Officer does use a City vehicle and believes it would be inappropriate for her to do this in her personal vehicle. He stated because of where they are going they really need to have a City vehicle with an emblem on it; he wouldn't want them to go out in a personal car. He stated the two surplus vehicles discussed tonight were two confiscated vehicles through drug confiscations. February 27, 2012 REGULAR COMMISSION MEETING Page 9 He stated generally drug confiscated vehicles are not in good shape, stating the drug dealers have gotten pretty savvy and are not using good vehicles for transporting drugs. Asked Mr. Hanson about the request from Commissioner Woods regarding the financial report on the CDBG projects. Mr. Hanson stated Commissioner Daugherty started this, asking where the funds have been used for the last ten years. He stated Mr. Carper had a list of the projects, but not the dollars. He stated then a request came from Commissioner Woods for a detailed financial analysis of exactly how much was spent on each one. He stated that would take somebody in Finance several hours to do so he told her he thought it appropriate if she wanted staff to do that kind of work that the whole Commission needs to agree. He stated staff has so much more than they can possibly do right now, they can't put themselves in the position of adding every week more and more stuff and then disappoint individual Commissioners by not having the time to get to it. He stated the workload has gone way up and they are trying to do everything they can. He stated a lot of staff are putting in extra hours but there are a number of things, including putting together a workshop for Commissioner Woods' organizational review, that has not gotten done. Mayor Borno • Met with Wendy Morrow of JTA who works for Michael Blaylock and they are working on the Royal Palms also. He stated they are trying to find other private property in other locations. He stated he also has a study going on with them about the ridership of the buses at the beach, what the guidelines and rules are, and what the time limits are to make adjustments to routes. He stated once he receives this he will bring it to the Commission so they can set up a public educational workshop. • Stated Commissioners Woods and Mark have done a great job on the Ferry. • May 17 is the Florida League of Cities meeting at the Beaches. He stated Atlantic Beach is the lead and he is working with Yvonne Calverley to organize it. Stated, as in the past, the sitting Commission provides donated items for door prizes and asked them to be thinking about that. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:02 p.m. Mike Borno Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk