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Item 1A 8-24-15 MinutesIN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING August 24, 2015 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM #1A SEPTEMBER 14, 2015 Mayor Carolyn Woods Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Manager Nelson VanLiere ABSENT: Commissioner Mark Beckenbach Call to Order/Pledge: City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Mayor Woods called the meeting to order at 6:31 p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes ofthe Commission Meeting of August 10,2015. 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. John November, 271 East Coast Drive, spoke in favor of the Bennett property project at 280 Camelia, stating this is the perfect opportunity to boost property values around that park and make that park something that is really attractive for City visitors and residents. John Stinson, 150 12th Street, stated he was at the budget meeting where the projection of annual required contribution and actuarial accrued liability was presented, and he would like to see what this spreadsheet looks like ifthey use a 4 ~-5% return on the investment instead of7%. Chris Jorgensen, 92 W. 3rd St., addressed the danger at the five-way stop, the traffic on Seminole and Sherry, and the sidewalk on Club Drive. 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-Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 800 Sherry. Director of Public Works Doug Layton explained the waiver request. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. August 24, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page2 Motion: Approve requested waiver to City Code Section 19 as requested in the waiver application for 800 Sherry. Moved by Mark, Seconded by Daugherty Commissioner Hill asked what the tree mitigation was for the tree that was declared diseased. Mr. Hubsch stated the normal mitigation is 2-1 and if they wanted to make it a condition for approval, they could say that they would have to replace the tree at a 2-1 ratio. He stated, however, he was not aware of the tree issue. Discussion ensued. Terry Brown, the owner, stated the plan for the driveway doesn't require them to take out the tree. Commissioner Hill stated if that is the case, his comments are not relevant; he just didn't want to give a waiver for something that cost a tree. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Public Hearing -Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1. Mr. Hubsch summarized the use-by-exception stating the Community Development Board (CDB) recommended approval 5-0 with the conditions attached and staff recommends those conditions as well. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve the use-by-exception 15-UBEX-1043 with conditions that: 1.) The applicant ensure sanitary conditions outside their unit by installing and maintaining pet waste stations in adjacent landscape areas and installing an exterior hose to clean hard surfaces; and 2.) The applicant installs sound proofing in walls adjoining neighboring units. Moved by Mark, Seconded by Daugherty 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 the Building Department Monthly Activity Report and Monthly Financial Report for July 2015. August 24, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page3 B. Extend the contract for one year at the current prices, term being August 27, 2015 to August 26, 2016, to Moline Electric Motor & Machine, Inc. for City Bid No. 1112-08 Repair of Electrical Motors & Pumps. C. Approve the 4th Amendment to the PCS agreement and authorize the City Manager to execute the amendment. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 15-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF JACKSONVILLE RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND THE HOME INVESTMENT PARTNERSHIP (HOME), CLARIFYING RESTRICTIONS FOR THE TRANSFER OF CDBG AND HOME FUNDS; PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Resolution by title. Motion: Approve Resolution No. 15-09. Moved by Mark, Seconded by Daugherty City Attorney Komando explained this Resolution is to update the agreement we have with Jacksonville based on the new requirements that have come down from Federal HUD, so it just brings their contracts into compliance if they were all being reviewed. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) August 24, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page 4 A. Use-by-exception to permit on-premises consumption of alcoholic beverages within the Commercial General (CG) Zoning District at 28 Sherry Drive (15-UBEX 1042). Building and Zoning Director Jeremy Hubsch summarized the use-by-exception request. He showed slides of the site plan and renderings of the hotel and the zoning district map. He stated the CDB recommended approval with a vote of 5-0 with conditions, which he explained. Discussion ensued regarding the maximum of 35 people in the lounge. Mr. Hubsch answered questions from the Commission. Greg Schwartzenberger, 428 Laura St., Neptune Beach, the owner of the hotel, stated the intended goal of the lounge and selling beer and wine to their guests is to provide an additional amenity for their guests; they don't want the lounge to be opened to the public. He answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for action. B. Request for a Height Waiver at 1089 Atlantic Boulevard. Mr. Hubsch summarized the request for the height waiver for two elevator shafts showing slides of an aerial view, street view, sight line, location of the shafts, etc. Representing the property owner, Randall Whitfield and Shalene Estes of Ashland Investments, 7880 Gate Parkway, Jacksonville, also gave a presentation with slides further explaining the request for the height waiver. Mr. Whitfield and Mr. Hubsch answered questions from the Commission. Commissioner Daugherty disclosed that he used to work with Mr. Ashourian's brother, Ed Ashourian. Commissioner Hill also disclosed he has a storage unit with them on the north side of Jacksonville. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for action. C. Discussion on purchase of Bennett Property at 280 Camelia Street. City Manager Nelson VanLiere stated Mr. November and Commissioner Daugherty have contacted the City about a short sale/purchase contract arrangement with Mr. Bennett and the question is whether the Commission wants to move forward to try to acquire this property or not. Mayor Woods stated the question would be whether they would put it on the agenda for the next meeting to authorize the City Manager and City Attorney to begin negotiations to purchase the property. Commissioner Hill asked if the immediate neighbors who will be affected have been asked if they have any problems. Mr. November, representing the seller, stated he has had multiple discussions with the neighbors explaining safety was their concern. Commissioner Daugherty stated Mr. Bennett is agreeable to a short sale which allows the City to get the entire parcel at a lower price. Discussion ensued. Mayor Woods recapped that they will get an official City notification sent to people who will be affected within 300 ft of the property; Mr. November will circulate a petition for the park to be developed from these same neighbors; and the Commission will give the okay for the City Manager and City Attorney to negotiate. Mr. Komando stated they should start by getting their own appraisal and it should express what the property is worth with house removed. Further discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for review of a contract for action. Mr. Van Liere asked, as far a funding goes, would the condition be subject to funding. Mr. Komando stated there will have to be some conditions included in the contract, but believes they can work those out and that should be one of the conditions. He stated the contract would have to be contingent on Commission approval. August 24, 2015 REGULAR COMMISSION MEETING 9. City Manager A. City Manager's Report. • 90-Day Calendar (August through October 2015) AGENDA ITEM #lA SEPTEMBER 14, 2015 PageS City Manager VanLiere reported Michael O'Shields has left Morgan Stanley, who is the money manager for the Police and General Employees Pension Plans. He also reported the Blue Collar Union has given the City notice that they will renew the contract with the raises that are in the budget. He stated they are still working on the Police Union contract. There was legislation passed that will require us to negotiate one item having to do with the 185 money for the Police. Mayor Woods reminded everyone that a few years ago they did make major changes to the pension plan, closing the employee plan to non-vested and new hires and they renegotiated and restructured the benefit package reducing those benefits. She stated the City's promise to the employees going forward was that they would now be able to give raises, which they had not been able to do for a number of years, so she is happy to see us being able to fulfill that obligation and intention. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Stated he will not be here for the October 12 meeting; he is getting married the day before. Commissioner Mark • Reported on the Florida League of Cities Annual Conference she attended and the Growth Management and Economic Affairs Committee she sat on. She stated everything is on their website. • Stated they may need to change the October 3 Town Hall meeting because she has another commitment for that day. Commissioner Hill • Stated tomorrow is Election Day and it is your duty to vote tomorrow. City Attorney Komando • Stated he sent out an update that the Special Magistrate has responded to the dangerous dog appeal. He stated at this point they are just going to wait for the judge to make a decision but will keep the Commission updated. Mayor Woods • Urged everyone to get out to vote. • Stated they have received a request on the Salt Air drainage improvement plan. She stated some neighbors on Sylvan St. have put together a petition stating they are happy with their street the way it is and don't believe they have drainage problems and are asking that the City stop the project there. Mr. Layton stated at this point nothing has been done there; it is a bid alternate and it can be deleted, but it needs to be done tonight. Discussion ensued. Mr. Layton stated the contractor hasn't started on either Sylvan or David yet and he can tell him first thing in the morning not to do them if that is what they want. Mr. Komando asked if Mr. Layton can inform them that there is consensus and the formal vote will be in two weeks. He stated then if there is any public who wants to comment, that will give them opportunity to come and address it. Mr. Van Liere stated Sylvan and David were deductive alternates from the bid that was awarded. Further discussion ensued. Mayor Woods stated they need to have an emergency vote to put it on hold until they are able to contact all the residents because the petition she is looking at only has people on Sylvan and it doesn't say don't do David. Mr. Layton stated if he tells the contractor to stop, he will demobilize and we would pay him to come back. He August 24, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page6 stated he really needs guidance tonight if they want to delete them. A map of the area was put on the overhead. Mayor Woods read the petition in its entirety. Further discussion ensued. Motion: Call an Emergency Vote to cancel the project. Moved by Woods, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Motion: Delete Sylvan and David from the Salt Air Drainage Project but finish up, clean up and repair driveways as needed. Moved by Daugherty, Seconded by Hill Votes: Aye: 4 -Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:14p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer