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Item 1A - Minutes 10-26-15IN ATTENDANCE: Mayor Carolyn Woods MINUTES REGULAR CITY COMMISSION MEETING October 26, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere City Attorney Richard Komando AGENDA ITEM #lA NOVEMBER 9, 2015 Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Woods called the meeting to order at 6:31 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Woods welcomed former Representative Stan Jordan and former Mayor Mike Borno who were in the audience. 1. Approval of Minutes A. Approve the minutes ofthe Commission Meeting of October 12,2015. B. Approve the minutes of the Town Hall Meeting of October 3, 2015. Mayor Woods asked if there were any conections to the above minutes. There were no conections, 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. Mike Borno, 223 Ocean Forest Dr. N., addressed Ordinance 95-15-111 asking if the modifications were made excluding the property fronting Atlantic Blvd. and West 1st St. Mayor Woods stated that was conect and specific language has been included. Mr. Borno stated he appreciates what they did for West 151 Street because that had a high impact for a lot of people over there. He asked, for these other frontage lots, that they consider that a lot of these businesses get truck deliveries and a lot of these lots do not have the capability to turn large semis around in them. He stated they need to treat all of their businesses the same. Chris Jorgensen, 92 W. 3"d St., stated it is pretty much the last full meeting for some of the Commission which is the result of intended consequences. He stated they voted the way they did because they wanted those that would pursue more fact-based decisions rather than emotional-based decisions. He also addressed the effects of the El Nifio and La Nina atmospheric systems. Ross Weeks, 380 8th Street, acknowledged the Pancreatic Cancer Day stating his sister-in-law died from that. He addressed the Gate station expressing concern about criminal elements coming in related to a 24- hour business and stated he doesn't want to see the Beach Diner go away. He wants to see a business that is community involved and community friendly. John November, 271 East Coast Drive, gave an update on the short sale process for 280 Camelia St. He also reported Marsh Fest will be held November 7. October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page2 T .R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, addressed Ordinance 95-15-111, stating they object to the access provision but do not object to the landscaping or lighting provisions in the ordinance. He stated this ordinance takes away access for approximately 30 non-residential properties in Atlantic Beach. He stated these properties are owned or operated as through lots with access on the front and rear streets and the ordinance takes away all new curb cuts and new building entries at the rear street. He stated the loss of access and uncertainty created by the ordinance absolutely results in a loss of value for these properties and, on these grounds, Gate objects to this ordinance. He stated voting for this ordinance exposes the City to takings and Burt Harris claims and potential liability. He stated when a through lot loses half its access, that is a substantial loss of access and under Florida case law that is a compensable taking. He also stated when a through lot loses half its access that is an inordinate burden on a vested right and, under Burt Harris Act, that gives a right to a claim under that act. He stated now that the ordinance exempts some properties they believe it should be re-noticed to affected land owners by mail or a map published with the notice to show the affected areas. He stated once you have exempted a piece of property from it, it doesn't apply Citywide anymore, so people should know when it applies to their property and they should get the appropriate notice for that. He stated they urge the Commission to vote against this ordinance or delete the access provision because it exposes the City to potential liability, there are unanswered questions regarding its application, and it should be re-noticed to let affected owners know they are affected by this Ordinance. Dick Hilliard, 338 11th St., addressed the Salt Air drainage project, stating all they needed to do was clean the swales but instead Public Works came up with a $270,000 stormwater drainage project. He also addressed the Seminole Road project stating they don't need a water main and you don't use curbs when you have open drainage. He stated they should just clean the swales up, make it look pretty, put up some good street lights, improve the sidewalks and put up some no parking signs so people won't park in the swale. Glenn Shuck, 104 Sylvan Dr., stated he is part of the Salt Air neighborhood group and ABC. He stated for the record he wants to clearly state their position--no gas station period. He stated it is not wanted or needed and has zero upside to the community. He stated they need to evaluate the impact this project has on safety for all involved as well as the impact on crime, the light pollution aspects, the increased traffic, the aesthetics, the environmental issues, as well as the impact on our local businesses, etc. He believes all correspondence between our City planners and Gate should be made public, if they aren't already. He suggested that Gate find a better use for this property that serves better the 80% of this community who are opposed to a mega gas station. He stated if they are truly neighborhood friendly as they claim, it would be nice if they built a sharp looking office building that fit our Atlantic Beach look. He stated he hopes once Gate realizes they can't build what they originally wanted here they can move on to more constructive conversations and planning that better suits all agendas. Paul Eakin, 599 Atlantic Blvd., stated he has heard that Gate has submitted development plans to the City for development of their convenience store next door to him. He stated they were drawn in such a way in hopes of depriving all of us of a public hearing. He stated these plans do not seek a variance or exception. He stated this is a project so large and controversial to our City that it cries out for a public hearing. He asked how can they stand by and allow this to happen and allow staff to decide this issue. He asked how can they not allow a public forum where everyone's voice is heard, not at a courtesy call before a City Commission hearing where there is no agenda item concerning this project before them, but a real hearing where the public is heard. He stated the Community Development Board (CDB) should take this matter up. He stated they have the duty, responsibility and authority to exercise supervisory control over planning and land use within the City. He asked the Commission to instruct staff to send these development plans on to the CDB after dealing with them for public comment and public treatment by the CDB. He stated the community needs to be heard. October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page3 Barry Adeeb, 501 Atlantic Blvd., addressed the site plan of the Gate Petroleum station. He stated it represents 19 parking places allocated for the Beach Diner. He stated the site plan of Atlantic Palms Plaza shopping center, where they were a tenant, had 90 parking places. He stated when Gate Petroleum purchased the property they received a special warranty deed which has an encumbrance for the Beach Diner lease. He stated the City of Atlantic Beach can't reverse what they did 18 years ago and they can't accept the notion and ignore the permit they issued, the lease that is intact that they receive money on, or the encumbrance that has been in place for one year since Gate bought that property, He stated he urges the Commission to deny their site plan and let them come back with 90 parking places as the encumbrance and the lease of 18 years, which has 12 years remaining, dictates. Lorraine Smith, 112 Poinsettia St., expressed concern about the proposed plan for the Gate Petroleum Corporation to build a mega gas station and convenience store in her neighborhood. She stated she believes this proposed plan would be detrimental to the safety and best interest of the Atlantic Beach corpmunity and especially will be negative for the ones who live directly behind or within that area. She stated she agrees that there should be a public hearing. Stan Jordan, 501 Atlantic Blvd., expressed concern about adequate parking and the mega gas station. He stated even if they resolve the parking there will be considerable backlash against a mega station of any configuration. He stated the Commission's leadership is needed. He stated as his partner, Mr. Adeeb, pointed out they have a lease for 12 years and because of that Gate got a significant discount on buying the property. He stated they have a permit issued by this body and the question he asks is can they issue a permit on top of another permit without that party agreeing. He stated the title to this property reflects clearly that Gate received consideration and it has an encumbrance. He stated there is a packet that will be passed out tonight from Mr. Adeeb that clearly shows the information they used in their presentation. He challenged them to verify that for accuracy. He asked them to look at the language of the existing ordinance to see if the proposed plan is making a mockery of the ordinance. He asked that they look at it and see how they have manipulated so they don't have to vary from their original intent. He asked that they get some community input. He stated the Commission can delegate authority to the staff but cannot delegate responsibility. He stated if they want to have a hearing they should consider having a large auditorium such as Atlantic Beach Elementary School. He stated he has 1100 emails from people who want to participate. He stated the plan before them will destroy the Beach Diner, which is a community treasure known by all. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods recessed the meeting at 7:21p.m. She reconvened at 7:23p.m. A. Proclamation Declaring November 13, 2015 "World Pancreatic Cancer Day" in the City of Atlantic Beach. Mayor Woods read the proclamation in its entirety and declared November 13, 2015 as World Pancreatic Cancer Day. She presented the proclamation to Alison Strother, volunteer with the Pancreatic Cancer Action Network. Commissioner Hill asked that the City post something on our website about the symptoms and literature regarding Pancreatic Cancer for the entire month ofNovember. 3. Unfinished Business from Previous Meetings October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page 4 A. Public Hearing-Deferred Item 15-CGTA-1060 and 15-CGTA-1061 amending the text ofthe Comprehensive Plan and Future Land Use Map related to Atlantic Beach Country Club Annexation. Building and Zoning Director Jeremy Hubsch gave a slide presentation on the Atlantic Beach Country Club Annexation and the amended future land use map showing the recreation/open space. He explained the action to be taken and stated he is recommending they vote to transmit both items to the Florida Department of Economic Opportunity for their review. Mayor Woods opened the Public Hearing. No one in the audience spoke so she closed the Public Hearing. Motion: Approve transmittal of 15-CGTA-1060, amendments to the text of the Comprehensive Plan, and 15-CGTA-1061, a revision of the Future Land Use Map, to the Florida Department of Economic Opportunity for review. Moved by Mark, Seconded by Beckenbach Mr. Hubsch answered questions from the Commission. Votes: Aye: 5-Beckenbach, 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 Monthly Financial Report for August 2015. B. Approve a salary increase of3% for the City Clerk retroactive to 10/1115. C. Approve a salary increase of3% for the City Manager retroactive to 1011/15. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Items B and C. Motion: Approve Consent Agenda Items A, as read. Moved by Daugherty, Seconded by Hill Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 PageS Commissioner Hill stated before they give any wage increases, he wanted to publicly acknowledge why they would do it. He stated he believes they have received extremely good performance and performance reviews and believes they both have done an excellent job. Mayor Woods stated the raise is in line with the raises the employees Citywide received. Motion: Approve Consent Agenda Items B and C, as read. Moved by Hill, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports A. Recommendations for Appointments to the Code Enforcement Board. Commissioner Hill explained they had a committee meeting and reviewed the candidates and have made the recommendations. City Clerk Bartle reported on the recommendations, stating the Board Member Review Committee would like to recommend appointing Richard Lombardi as a regular member of the Code Enforcement Board (for the unexpired term ending 9/30/2016); reappointing Benjamin de Luna to serve an additional term as a regular member on the Code Enforcement Board for the term ending 9/30/2018; appointing Kirk Hansen to serve as a regular member on the Code Enforcement Board for the unexpired term ending 9/30/2017; appointing Lindsay Norman to serve as a regular member on the Code Enforcement Board for the unexpired term ending 9/30/2017; and appointing Don Sasser as a regular member for the te1m ending 9/30/2018. Motion: Approve the recommendations for appointments to the Code Enforcement Board as read by the City Clerk. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods thanked the members for giving their time and serving on the Committee. 6. Action on Resolutions A. RESOLUTION NO. 15-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN MODIFICATION OF MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Resolution by title. October 26, 2015 REGULAR COMMISSION MEETING Motion: Approve Resolution No. 15-11. Moved by Mark, Seconded by Hill AGENDA ITEM #lA NOVEMBER 9, 2015 Page 6 Mr. VanLiere explained this is an amendment to the agreement that was passed last year where the DOT made an error in their spreadsheet which led to the amount of$53,315 that they would be paying us to help maintain some of their facilities. He stated this will be a $4,000 reduction due to their etTor. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 95-15-111, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF- STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-15-111 by title. Mr. Hubsch summarized the ordinance showing slides of the areas involved, the current perimeter landscape provision, examples of landscaping at McDonalds, lighting standards, and double frontage lots. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Discussion ensued. Mr. Hubsch answered questions from the Commission. Mayor Woods stated she wanted to change the language (Sec. 24-84(d)) to read, "no increase in the number of curb cuts, however the locations may change with approval", instead of how it currently reads, "There shall be no new building entryways or new curb cuts ... ". Mr. Hubsch answered additional questions, stating the Community Development Board (CDB) workshopped this in July and August. He stated they have not seen the addition of the no new building entryways or new curb cuts, which it sounds like will be amended anyway. He stated they will run it by the CDB in ordinance format tomorrow so by November 9, they will have their official vote on the ordinance. He stated if they make a proposal tonight he will give them that as an option as well. Further discussion ensued. Commissioner Mark asked the City Attorney if this issue with the curb cuts could rise to the level of a takings claim. City Attorney Komando explained if they do limit curb cuts that is what the claim of a taking will be. He stated any zoning change that restricts a property owner's use can have the potential to result in a Burt Harris claim. Commissioner Mark stated, if this could expose the City, why would they include language like this when they are changing the ordinance. She stated if there is a mechanism for them to oven-ide this through the variance process, then what's the point in even having this. Mr. Komando stated the option to apply for a variance is not a defense to a Burt Harris claim. October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page 7 Motion: Approve Ordinance No. 95-15-111 with an amendment deleting any language related to curb cuts or entryways. Moved by Daugherty, Seconded by Beckenbach Mr. Hubsch answered questions from the Commission. Commissioner Beckenbach asked Mr. Hubsch to provide a report indicating the relationship of the number of curb cuts to the size of a lot. Discussion ensued. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED B. ORDINANCE NO. 95-15-112, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE IV OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-233, MAINTENANCE SECURITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-15-112 by title. Mr. Hubsch explained the ordinance, stating this is just for residential subdivisions which requires a 100% maintenance bond for the cost of improvements. He stated it has come to their attention this is burdensome on developers and not in line with what other cities charge. He stated staff believes 15% is sufficient to protect the City from any construction issues; the CDB also reviewed this and recommended a reduction to 15%. Mayor Woods opened the Public Hearing. Mike Borno, 223 Ocean Forest Dr. N., stated his recollection is that they have been burned because they didn't have high enough bonds and that is why they instituted the 100%. No one from the audience spoke so she closed the Public Hearing. Motion: Do not Approve Ordinance No. 95-15-112 as read. Moved by Daugherty, Seconded by Hill Discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-15-133, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURCHASE OF 280 CAMELIA STREET, AND PROVIDING AN EFFECTIVE DATE. October 26, 2015 REGULAR COMMISSION MEETING Mayor Woods read Ordinance No. 20-15-133 by title. Motion: Approve Ordinance No. 20-15-133 as read. Moved by Daugherty, Seconded by Beckenbach AGENDA ITEM #lA NOVEMBER 9, 2015 PageS Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED D. ORDINANCE NO. 40-15-22, Introduction and First Reading AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. Mayor Woods read Ordinance No. 40-15-22 by title. Public Works Director Doug Layton explained the ordinance, stating per the Commission's request they have added maps of existing lines. He answered questions from the Commission and will get back to the Commission regarding policy amounts for liability, annual inspections, etc. Motion: Defer until next meeting. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) Item C was taken out of sequence and acted on at this time. C. Approval of Coastal Partnership Initiative Grant submittal. Mr. VanLiere explained the application for the grant does not have enough time to wait for another meeting. He stated it is for $30,000 toward the purchase price, if approved, but they need to get the paperwork in immediately. He stated there is no match other than the City purchasing the property. Motion: Approve the City Manager to execute the attached grant submittal as discussed. Moved by Mark, Seconded by Daugherty October 26,2015 REGULAR COMMISSION MEETING Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED AGENDA ITEM #lA NOVEMBER 9, 2015 Page 9 A. Use-by-exception 15-UBEX-1066 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 1011 Atlantic Boulevard. Mr. Hubsch explained the use-by-exception, showing a slide of the site. Discussion ensued. Mr. Komando explained growlers had been illegal until this last legislative session. He stated there had been a limit to how much these local craft breweries were able to sell that could be transported off the premises. He stated they just became legal and they are all now selling growlers; it is an emerging trend that they will see. Brian Slucker, 103 Quail Cove, Ponte Vedra Beach, applicant, explained his operation and answered questions from the Commission. It was the consensus of the Commission to move this forward to the next agenda for action. B. Use-by-exception 15-UBEX-1067 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 9. Mr. Hubsch explained the use-by-exception, showing a slide of the site. It was the consensus of the Commission to move this forward to the next agenda for action. C. Approval of Coastal Partnership Initiative Grant submittal. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. • 90-Day Calendar (November 2015 through January 2016) Mr. VanLiere reported the only new item is a tentative Town Hall meeting on January 9. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • He stated on the insurance liability amounts, he believes $5million/$1 Omillion are better numbers but will let Mr. Layton decide on that. • Stated he really enjoyed working with all of the departing Commissioners. Commissioner Beckenbach • Thanked staff for moving very quickly forward with the recreational easement and feels comfortable with what they are doing. He stated he believes this is for the people of the future of Atlantic Beach. October 26, 2015 REGULAR COMMISSION MEETING Commissioner Hill AGENDA ITEM #lA NOVEMBER 9, 2015 Page 10 • Stated there was a very restrictive and uninviting appeal to the VIP area at the Air Show, which didn't sit well with the general public who bought all those jets. He stated there were a substantial number of posts about this on the internet and a lot of unhappy people who couldn't access the premiere vtewmg area. • Asked that the City Attorney and the Commissioners look further into the issue with Gate. He stated the idea of letting the citizens have a big forum is a fantastic idea except there may not legally be a mechanism for that other than a rally and anyone can rally at any time. He stated he, personally, will be doing everything he can to make sure that the quality of life stays the way it is, but they are restricted legally. 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