Loading...
Item 1A 7-13-15 MinutesIN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING July 13, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere AGENDA ITEM #lA JULY 27,2015 Mayor Carolyn Woods Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary N arrey E. Bailey ABSENT: Mayor Pro Tern Mark Beckenbach Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30p.m. Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of June 22,2015. B. Approve the Minutes of the Commission Workshop of June 22,2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Heather Jacobs/Beth Peterson, 1608 Landing Lane, Neptune Beach, speaking on behalf of the Fletcher High School and Fletcher High School Senator Band program, thanked the City for the generous donation to their students stating it directly contributed to their trip to New York to play at Carnegie Hall. Mark Dowling Jr., trumpet player in the Fletcher High School Band, thanked the City for helping them get to Carnegie Hall. Ned LaGoy, 1844 Sea Oats Dr., father of student Benny LaGoy who was a senior at Fletcher High and is now at University of Florida, thanked the Mayor and Commissioners for supporting and sponsoring a portion of the cost for the students to attend the trip to Carnegie Hall. (A slide presentation of their trip was played for the audience.) Mitch Reeves, 1663 Sea Oats Drive, expressed concern about the final reading for the Seaside Community Council stating forming this Council gives him heartburn and he asked that the Commission reconsider and vote no. He asked that they stay on issues in Atlantic Beach such as how to stop the fatalities of our young people on Mayport Road. He further stated they need to watch the retirement pension and healthcare. He stated they should not just be transparent but should listen to the citizens. July 13, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 27,2015 Page2 John Stinson, 150 12th Street, addressed the Seaside Community Council stating he agrees there are other things we could be focusing on. He stated he believes people in academics are going to do their studies no matter what. Chris Jorgensen, 92 W. 3rd St., addressed same sex marriage, Obama care, HUD houses, and weather change. Peter Guilmette, 189 Magnolia St., spoke against the work done on his street, which he believes reduces the value of their places and available parking. He stated they need to fill in the ditches they dug. Sally Clemens, 1638 Park Terrace West, spoke against the Seaside Community Council, stating a better solution would be to have an organization or council independent of the Atlantic Beach government that could identify issues that should be addressed. She stated any issues identified that would be of interest to the business of Atlantic Beach could then be placed on the City agenda. Referring to the portion of the Charter related to forming committees, she stated the Seaside Community Council does not seem to fall under that interpretation. Susanne Barker, 1938 Beachside Court, spoke in favor of the Seaside Community Council stating she believes it is good to be proactive. She stated the sea level is rising and they need to be prepared and believes the committee can serve our citizens in dealing with a lot of issues that the Commissioners don't have time to study and get into. She stated she believes it would be wise for the citizens to take advantage of people who are appointed to the committee and their expertise pertaining to emergencies. Wyman Duggan, 1301 Riverplace Blvd., Jacksonville, requested that the City consider an amendment to its Comprehensive Plan increasing the residential density on the major commercial corridors to facilitate compact in-fill development and transit-oriented development. He pointed out the site at the comer of Atlantic and Aquatic as an example. He handed out a packet to the Commission entitled "A Framework for Transit Oriented Development in Florida" explaining the benefits of compact in-fill and transit-oriented development. He stated Jacksonville Beach has a density bonus policy that facilitated the redevelopment of the old George Moore Chevrolet site into the Bluewater Apartment project, which he believes would be a model for this Atlantic and Aquatic site. William Norris, 711 Beach Blvd., Jacksonville Beach, explained the successes he has had with his project, Bluewater Apartments, at the George Moore site as it relates to the Atlantic and Aquatic site. He encouraged the Commission to consider Wyman Dugan's request. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Public Hearing 15-UBEX-1037-Request for an expansion of an existing use-by-exception as petmitted by Section 24-111(c)(5), to allow limited wholesale operations at 1175 Atlantic Blvd. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Jeremy Hubsch summarized his staff report, showed a slide of the design standards and gave the Commission a final rendering of the shipping container building (which is attached and made part of this Official Record as Attachment A). AGENDA ITEM #lA JULY27,2015 July 13, 2015 REGULAR COMMISSION MEETING Page3 Motion: Approve 15-UBEX-1037 with design standards for shipping container structure as presented. Moved by Mark, Seconded by Daugherty Commissioner Hill asked what the City's plan will be for others who want to use shipping containers. Mr. Hubsch stated the precedent being set with this one will require others wanting to use shipping containers to dress them up and make them look esthetically pleasing. He stated if the Commission wants to codify something they could go to the Community Development Board and create some specific standards or require any use of those materials to be a use by exception so the Commission would have a final say on the design of projects. Discussion ensued. Mr. Hubsch answered further questions. Steve Cissel, 1175 Atlantic Blvd., further explained how the containers will be used. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 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. A. Acknowledge receipt of Monthly Finance Report for May 2015. B. Approve the award of Russell Park Fencing Improvements bid to Jax Fence Depot LLC in the amount of$59,091.78 (Bid No. 1415-05). C. Designate Commissioner Maria Mark as the Voting Delegate for the 89th Annual FLC Conference in Orlando on August 13-15, 2015. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 15-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, ACCEPTING AND ADOPTING THE UPDATED DUVAL COUNTY LOCAL HAZARD MITIGATION STRATEGY DOCUMENT. July 13, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 27,2015 Page4 Mayor Woods read the Resolution by title. Commander Vic Gualillo explained this is to accept the updated Local Mitigation Strategy which is required in order to receive Federal and State funding. Motion: Approve Resolution No. 15-06 as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 5-15-63, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING PART II-CODE OF ORDINANCES, CHAPTER 2 -ADMINISTRATION, ARTICLE V. -BOARDS AND COMMISSIONS, DIVISION 4. CREATING A SEASIDE COMMUNITY COUNCIL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-15-63 by title. She asked to postpone this until the next meeting and proposed they have a workshop with the council members and the Commission before it is on the agenda again so they can get a better understanding of what the intentions are. City Attorney Komando stated if she doesn't want to have tore-advertise for the second reading she will have to move it to a time certain and they should have the public hearing tonight because people may have come to speak about it. He stated then they will have another public hearing at the time deferred. Mayor Woods opened the Public Hearing. Mitch Reeves, 1663 Sea Oats Drive, spoke against the Ordinance stating he doesn't believe our City is the place to start with this and we should focus more on what the needs are of our citizens. He asked that they call a vote tonight and not delay it. He stated he believes the reason for the postponement is because one of the people who voted for it is not here tonight. John Stinson, 150 12th St., stated this is far beyond what our City government should be focusing on. Suzanne Barker, 1938 Beachside Court, stated she believes there is confusion about what the Council would do. She stated one of the candidates is really for safety, hurricane preparedness, disaster preparedness, all the issues that can be addressed by a committee like this and now he just said he believes they should pull the plug on it. She stated she believes there should be a workshop. She stated she believes whether it is dealing with flooding, hurricanes, nuclear spills through the military base nearby, terrorist attacks, etc. she believes our town needs to be prepared and believes our citizens would appreciate the concern about their personal property as well as maintaining the City. She stated she believes there needs to be more education about this and they should not pull the plug on it. She stated it is obvious from the other two speakers there is not an understanding on this. Chris Jorgensen, 92 W. 3rd St., stated his concern is that what is being proposed is not a sea committee but a global warming cult. July 13, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 27, 2015 PageS Sally Clemens, 1638 Park Terrace W., stated she is staying by her remarks she made at Courtesy of the Floor. No one else from the audience spoke so she closed the Public Hearing. Discussion ensued. Motion: Defer to the July 27 Commission meeting and have a workshop (to be determined) prior to that meeting. Moved by Woods, Seconded by Mark Commissioner Hill stated they haven't demonstrated a need to have this Council and he wants to vote on it tonight. Commissioner Daugherty stated it is a disservice to the people who came tonight for this and he came prepared to vote on it tonight. Commissioner Mark stated she believes as a Commissioner they should do everything they can as a body to ensure they are looking out after the community and our natural resources and are protecting citizens' property values. She stated this advisory council is exactly that. Discussion ensued. Mayor Woods called the question for deferral. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods called for the vote on the motion to defer. Votes: Aye: 2 -Mark, Woods Nay: 2-Daugherty, Hill MOTION CARRIED Mr. Komando stated under Roberts Rules, on a simple vote, which motion to defer is a simple vote, the Chair decides the tie. Mayor Woods stated we will defer this until July 27 and she hopes they will come to the workshop so they will learn a little more and feel better about it. B. ORDINANCE NO. 20-15-131, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 20-15-131 by title. Motion: Approve Ordinance No. 20-15-131 as read. Moved by Mark, Seconded by Hill July 13, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 27, 2015 Page6 City Manager Van Liere explained this is the budget ordinance necessary to fund Agenda Item 8A, which will take two readings to pass and will allow for the approval of the funding to be in place for the approval of the contract for the Mayport Conidor CRA. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Mayport Corridor CRA Contract. Mayor Woods stated this was here to hold a place. Commissioner Hill asked what is the process from this point forward for discussing this. Mr. Hubsch explained the process stating it will have a lot of public involvement, and will include a technical advisory committee. It was the consensus of the Commission to move this forward to the next agenda for action. B. Proposed Ordinance on Additional Senior Exemption. Mr. VanLiere explained the ordinance is for an additional exemption for persons over 65 who have lived in their homes more than 25 years with a value of less than $250,000, who also meet a test for low income. Commissioner Hill asked that staff check to see if they can modify low income to fixed income and look at it per case. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for action. Commissioner Hill requested that staff explores his request for the same reasons that this exists but it doesn't have to be right away. 9. City Manager A. City Manager's Report. City Manager VanLiere reported on the form from the Property Appraiser for the taxable value. He stated it is also the form used to determine the millage rate they are going to send to the county for our proposed millage rate. He asked if there was any reason the Commission may want to raise taxes because once he sends this in it is very easy to lower the millage rate from that point but to increase it after he sends it in it becomes our responsibility to notify all the taxpayers of any increase. He stated he wants to get a consensus that no one here is interested in raising the millage rate. He stated he believes we can work within the existing millage rate. Commissioner Daugherty stated they have twice before had a roll back rate, which in effect is a tax increase, and he would like to see if they could lower the millage rate since property values have climbed so much in Atlantic Beach. Mr. VanLiere explained a roll back rate is to lower the millage rate to compensate for the increased tax value so the City receives the same amount of taxes they did before. Mr. Van Liere stated in preparation of the budget, what he is hearing is that they are not going to ask for a millage higher than the one they have. He stated in the budget workshop when they talk about taxes and balancing the general fund, because of the extra money they have to kick into pension this year, it will be very hard to balance the budget with the existing millage rate. He stated it is probably $250,000 they would be giving up to roll it all the way back to last year's assessment. He stated he is going to need that because of the $400,000 extra he will need in pension, but if Commissioner Daugherty can fathom some cut in service or July 13, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 27,2015 Page7 some other way to reduce the cost. Mayor Woods stated that is a discussion for the budget workshop. Mr. Van Liere confirmed that they are not going to go any higher than their current millage rate. Mr. VanLiere further reported the North Florida TPO did their beaches bicycle and pedestrian study and their reports are available online. Discussion ensued. Stated the annexation should be moving forward and they have received sufficient names on a petition to go forward. City Attorney Komando further explained there has to be a joint Comp Plan change with the City of Jacksonville because we will amend our Comp Plan to include the future land use designations to assign zoning categories and then there will be an annexation petition that has to follow the statute as far as advertising and public hearings. He stated the comp plan also requires input from the Depruiment of Economic Opportunity before they can pass a final ordinance. He stated the timeline is dependent on how long it takes for them to come back. Reported the Urban and Community Forestry grant has been awarded for $10,000 for the tree inventory and where to plant trees. Discussed the Police Building budget stating the geotechnical engineers did find that the ground will require a special foundation to be built at an estimated cost of $305,000. He recommended funding this cost. Commissioner Hill stated he wants to explore whether the problem ground is the north side of the building and the possibility of not building on the north side, if that is the bulk of those pilings, before they authorize any money. Discussion ensued and the consensus was to move forward. Mr. VanLiere stated he will get answers to Commissioner Hill's questions. Related to buffers between different types of zoning areas, he asked for consensus to task the Community Development Board to review and make some recommendations for Code changes for that. Discussion ensued. The unanimous consensus was to move forward. Mr. Van Liere asked if they also want to task the Community Development Board to review the shipping container design element criteria, with Mr. Hubsch' s help, to codify some regulations for the use of those in our community. It was a unanimous consensus to move forward with this. Reported he has been to the 6th St. Marsh Overlook project and it is progressing. Related to Mr. Duggan's request, he asked if they want to instruct the Community Development Board to take up the higher density. Mr. Hubsch answered questions from the Commission. Discussion ensued. Mr. Hubsch stated they can have the Community Development Board explore the concept and bring some ideas back to the Commission if they would like. Mayor Woods stated they just tasked them with two other things so maybe they will give them a month or two and then they can carry on this conversation and see how it wears on us. B. 90-Day Calendar (July through September 2015) 10. Reports and/or requests from City Commissioners and City Attorney A. Appointment of members to the Seaside Community Council. July 13, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 27,2015 Page 8 The Ordinance related to this item was deferred earlier in the meeting. City Clerk Bartle asked if the student member needs to be changed. Mayor Woods stated they won't know who it will be until school starts. She stated in that spot she can put to be determined. Commissioner Daugherty • Stated City Clerk Bartle gave him a list of staff's tasks for the Seaside Community Council which is his main reason for objecting to this. He asked that she forward this to the Commission. Ms. Bartle stated she sent it out in May but can send it again. Commissioner Mark • Will be in Orlando on Friday for the second part of the FLC Policy Committee meetings. She stated she will also attend a workshop called "Bringing Home the Bacon" which looks at different ways to be creative in the budget process. • Asked if the Town Hall meeting is going to be mainly directed toward the Charter amendments. Mayor Woods stated that would be one of the topics and asked for copies of the changes so they can pass them out at the meeting. Mayor Woods stated she will do the Minutes and will get an agenda to Ms. Bartle. Commissioner Hill • Stated the Seaspray project isn't what they thought it would be. He stated ifthere are ditches he wants them filled in to be swales. • Regarding Mayport Road, he wants staff to look at pedestrian safety over the next two months. • Explained his vision of a bike path is a separate surface off of the driving roadway not a line painted on the driving roadway to allow bicycles to share the space. He stated the suggested plan from the organization that was looking into it shows they are pretty big fans of that shared space on a driving surface. He stated he is not a fan of it; it creates a really big hazard. He stated his goal for bike paths is to create wider than normal sidewalks so families and low speed bikers can make their way through Atlantic Beach without being in traffic, which he believes is the opposite of what that committee was looking at as ways to move bikers as traffic. • Asked the City Attorney if he got any data on cities with low speed ordinances. Mr. VanLiere stated one of the key points is getting with DOT about places to cross their roads with those vehicles. Mayor Woods • Gave history of the flooding issue at Seaspray. She stated the City is always willing to discuss these things and work with the community to make it as good as they can. She stated she, as well as the City Manager and Doug Layton will be happy to speak with anyone about any of the issues that are going on there. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:41p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer