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Item 1A - 4-11-16 MinutesMINUTES REGULAR CITY COMMISSION MEETING April11, 2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner John Stinson Commissioner M. Blythe Waters Invocation and pledge to the flag CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden City Manager Nelson Van Liere City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey AGENDA ITEM #lA APRIL 25, 2016 Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves called the meeting to order at 6:34p.m. 1. A. B. Approve the minutes ofthe Commission Meeting of March 28, 2016. Approve the minutes ofthe Neighborhood Meeting ofMarch 19, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments. He recognized former Mayor Mike Borno in the audience. A. Presentation by Joshua Ashby, CEO of Fleet Landing on their request to amend the Declaration of Restrictive Covenants on land adjacent to Fleet Landing. Joshua Ashby, 1 Fleet Landing Blvd., CEO of Fleet Landing, explained Fleet Landing and certain Ocean Walk property owners have agreed to a transaction to purchase the Estates of Atlantic Beach property. He gave a presentation regarding their request to have Atlantic Beach amend the deed restrictions, showing a slide of the site. He stated their intent is to develop additional multi-family housing for seniors. He further stated in the deed restriction amendment they would remove the development restrictions, with the exception of the one regarding how the property is accessed. He stated they would maintain that restriction clarifying that the property is only to be accessed through Fleet Landing on Fleet Landing Blvd. Discussion ensued. Mr. Ashby answered questions fi·om the Commission. City Attorney Durden stated this will not require a Public Hearing but will need to be at a public meeting. She asked that Mr. Ashby provide documents, such as title work, survey, and back-up documents, before she could advise the Commission from a legal perspective whether the amendment to the declaration was appropriate. Mr. Ashby stated he could provide that within 24 hours of her request. It was the consensus of the Commission to put this on the next agenda as an item for discussion and bring it back on May 9 for action. Ms. Durden stated it would come back as a Resolution. She stated she believes it would also be important for the Commission to hear from the Estates of Atlantic Aprilll, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA APRIL 25, 2016 Page2 Beach and have a request from them requesting the amendment. Mr. Ashby stated they will provide a written request and ask that they attend the meeting. Further discussion ensued. Mr. Ashby answered additional questions from the Commission. Item 8A was taken out of sequence and acted on at this time. SA. Eagle Scout Project to install a permanent T -ball outfield fence at Russell Park. Recreation and Special Events Director Timmy Johnson explained the request, stating Mason Dudley is working toward his Eagle Scout badge and one of the requirements is to complete a service project. He introduced Mason Dudley who explained his project. Travis Stratmann, 12225 High Laurel Drive, President of Atlantic Beach Athletic Association (ABAA), further explained the project. Mr. Stratmann answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to put this on the next agenda for action. Nancy DeCandis, 515 Sturdivant Street, addressed the recent Gate open house and questions presented to Mr. Peyton that he could not answer. She asked who does she ask for those answers. Chris Jorgensen, 92 W. 3rd St., addressed the Gate meeting, stated he supports the Brownfield project, supports the variance on 14th Street, and was disappointed the Town Hall meeting was cancelled. Mike Borno, 223 Ocean Forest Dr. N., addressed the Fleet Landing proposal, stating it benefits the home owners, Fleet Landing, and the City and he is in favor of it. He expressed concern about stormwater drainage stating too many buildings are not providing the 50% pervious surface. He asked the City Manager to provide an audit summary for the past 2 lf2 years of the permits issued, including the square footage of the lots, the footprint of the approved structure, the amount of pervious and impervious surface and what goes into the consideration of pavers. Diana Townsend, 266 Poinsettia St., addressed the school bus contract with Gate Petroleum and stated the May 12 date for the hearing on Gate starting at 9:30 a.m. is prohibitive for people who work and it is the same date as the Players Championship. Susanne Barker, 1938 Beachside Court, stated the Gate Open House was very enlightening and she thanked them for having the open house because it showed the enormity of the project. She stated it galvanized a lot more citizen action and participation. Sarah Anthony, 1373 Beach Avenue, spoke against the Gate station being built. Randy Holly, 901 Ocean Blvd., #58, spoke against the Gate mega station. Drew Frick, 9540 San Jose Blvd., Gate Petroleum, he stated he was only speaking tonight because he heard words about Gate disrespecting the community and he takes that very seriously. He explained they did go out of their way to have an open house on this and explained they felt it was the right and respectful thing to do. He stated they had their CEO there out of respect for this community to answer questions. He gave the facts of what was presented at the open house, stating the Commission has heard one side of it and encouraged them to talk to other people who were there. He stated it was a successful meeting and they look forward to continuing to work with the City of Atlantic Beach as they move through this process and look forward to being a good corporate citizen in Atlantic Beach. April 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA APRIL 25, 2016 Page3 City Clerk Bartle read the names of those who did not want to speak but were against the Gate Station, as follows: Tom & Dana Foppiano, 377 4th St. Susan Perry, 179 Pine St. Amy McBride, 751 Cavalla Rd. Mary Orser, 376 9th St. Richard Moore, 376 9th St. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to visitors. Mayor Reeves recognized former Commissioner Mark Beckenbach who was in the audience. Mayor Reeves explained, as a lot of speakers tonight were about the Gate station, they are looking at May 12 because it was convenient for the City and some attorneys but they will be making an announcement soon as to when they will hold the meeting (for the appeal). He stated the time of day was chosen because of comments from the other attorneys involved about the amount of time needed. 3. Unfinished Business from Previous Meetings A. Safe Routes to Schools Memorandum of Agreement with JTA. Interim Public Works Director Kayle Moore explained staffs recommendation is for the Commission to approve the Memorandum of Agreement with JTA and the City and authorize the Mayor to sign the MOA. He explained the MOA commits the City to maintain the sidewalk, if constructed, and authorizes staff to expend approximately $6,100 for some additional public outreach meetings that DOT does not cover. He stated they will have one meeting to present the 30% plans for the design and will accept discussion and comments from that meeting. He stated staff is proposing that the Design Consultant have two more meetings, one at a Commission meeting around the second half of May, and the other will be a preconstruction meeting prior to any work beginning which will be presented to the neighborhood. He stated construction is potentially scheduled for as early as July 2017. He showed slides of similar bike paths. Motion: Approve the Memorandum of Agreement (MOA) with JTA and authorize the Mayor to sign theMOA. Moved by Waters, Seconded by Harding Commissioner Hill stated this path does not fit this neighborhood and gave suggestions for moving it into the existing park. Commissioner Waters stated, by moving this forward, it was her understanding that was to have the public Town Hall meetings at the 30%, so neighbors and citizens who are concerned about the path would have the opportunity to voice those concerns in a public forum and have them addressed by the engineering firm. Mr. Moore stated that was correct, the 30% is just conceptual and there is a lot of opportunity to make adjustments and realignments. He stated, as far as a major shift into the park, he doesn't know if the current design will be able to address that. City Attorney Durden stated in the proposed MOA, it does specify a specific location and if there is a concern by this Commission that the location is inappropriate, she would advise the Commission to not authorize the Mayor to execute this particular agreement. Aprilll, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA APRIL 25, 2016 Page4 Commissioner Stinson asked Mr. Moore about the cost to get us to the 30%. Mr. Moore stated those costs are to pay for the additional public outreach meetings, presentation to the Commission and then a separate neighborhood preconstruction meeting. He stated the $687,000 for design, construction and construction support will be covered by DOT should the path move forward and get constructed. He stated the only cost to the City is because we wanted more outreach and communication to the public than DOT was planning to have. He explained we are committed to a certain amount of money, based on some formula, if we should pull out at different points along the way. He stated the report provided to the City today put that cost at about $50,000, which is reimbursement for design to this point. Commissioner Stinson asked how this route was selected. Mr. Moore stated there was a public meeting in 2012/2013 where there was discussion about what would be the most optimum route for Safe Routes to Schools. He stated Sherry Drive has a 70 foot right-of-way and Seminole Road north of Plaza has a 100 foot right-of-way, which are two of the more liberal corridors to have an 8 foot multipurpose path. Mayor Reeves stated he believes they need a public meeting presentation before signing the MOA. Mr. Moore stated if they have a public meeting in the near future, staff can attend and, if necessary, get someone from the consulting firm. He stated they can accommodate, with permission from the City Manager, what type of support they will need with materials and expertise. Discussion ensued. Mr. Moore stated the meeting DOT intended to have at the 30% was consistent with what they are discussing. He stated he doesn't believe anyone was trying to move forward without neighborhood involvement. Commissioner Hill reiterated this route needs to be moved to the park. He thanked staff for putting this before the Commission. Commissioner Waters clarified the meeting wasn't held in January because the funding was not in place at that time. She stated nobody was trying to avoid a meeting for citizen input. She stated she is strongly in support of a Safe Route to Schools and improved walkability for our City in whatever form the citizens decide it should take. Commissioner Stinson stated he doesn't believe they know what the impact is to the MOA to amend the route. He stated there is a huge amount of support out there from parents and he wants to know what the impact is if they do step back and decide to amend the route. Commissioner Harding stated the biggest concern was that the citizens were promised a public hearing and didn't get it and he believes they need to have a public forum to hear the input from the citizens. Mayor Reeves asked the City Attorney if they sign this, are they locked in. Ms. Durden stated that is correct because of the language in the 2nd Whereas clause which describes the path. She stated if there is a desire to move forward with the MOA tonight, that the language be modified, instead of describing the location as it does now, to read, "at a location to be mutually agreed upon by the parties", which still leaves an opportunity for discussion but it doesn't describe exactly where the public and the Commission may end up wanting to have it. Mayor Reeves asked what their commitment is if they make that change; are they committed to move forward with this project. Ms. Durden stated the way she reads the MOA, it obligates them to move forward with the project in the specific location. She also said they could add another phrase, "at a location to be mutually agreed upon by the parties and, in the event the City does not agree with the location, this MOA becomes null and void." She stated, however, she is not sure that that effectively addresses the concerns she has heard mentioned tonight. Mayor Reeves asked if they all vote to sign this tonight are they committed to this project. Ms. Durden stated yes. Discussion ensued. Aprilll, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA APRIL 25, 2016 PageS Commissioner Waters withdrew her motion. She proposed they move forward with a Town Hall Meeting as soon as possible to gather citizen input to help them make a decision about moving forward with this project. Motion: Move forward with a Town Hall Meeting as soon as possible to gather citizen input to help them make a decision about moving forward with this project. Moved by Waters, Seconded by Harding Commissioner Stinson stated he would like to amend the motion to include a date for this forum for the citizens. Discussion ensued. Following the discussion, Commissioner Waters changed her motion as follows. Motion: Defer action on this item until May 23 and bold a Town Hall Meeting regarding the Safe Routes to School on May 7 or another weekend in May when they can get the consultants, staff and Commissioners in the room. Moved by Waters, Seconded by Hill Commissioner Hill stated it is critical that they protect the grant and move the process forward. He also reminded the Commission that this is his district directly and he has a lot more input than most of them do on this. Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mr. Moore asked that the City Manager and Staff be allowed to work with Ms. Durden for wording on the MOA. Mayor Reeves stated that is fine. B. Public Hearing-16-UBEX-41 -Request for use-by-exception as permitted by Section 3-5, to allow on-premises consumption of alcoholic beverages at a restaurant within the Central Business District at 303 Atlantic Boulevard. Building and Zoning Director Jeremy Hubsch explained the request and stated staff recommends approval and the Community Development Board voted 7-0 to recommend approval to the Commission. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the public hearing. Motion: Approve 16-UBEX-41. Moved by Harding, Seconded by Stinson Roll Call Votes: Aye: 5-Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda None. 5. Committee Reports None. Aprilll, 2016 REGULAR COMMISSION MEETING 6. Action on Resolutions A. RESOLUTION NO. 16-02 -Public Hearing AGENDA ITEM #lA APRIL 25, 2016 Page6 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE PROPERTY LOCATED IMMEDIATELY NORTHWEST OF THE INTERSECTION OF AQUATIC DRIVE AND ATLANTIC BOULEVARD ON BEHALF OF TBR AQUATIC OWNER, LLC, AS A BROWNFIELD SITE. City Clerk Bartle read the Resolution by title. Mr. Hubsch explained the request. He stated Trey Mills, the attorney for TriBridge, was in the audience to answer any questions. Trey Mills, 1301 Riverplace Blvd., representing TriBridge Residential, explained the procedures to be followed in order to get the Brownfield designation, stating one of which is obtaining a Resolution from the local government approving the designation of this site as a Brownfield. He stated as part of this process they will be doing additional environmental testing to assure there is no contamination getting in the groundwater. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Resolution No. 16-02, as read. Moved by Harding, Seconded by Stinson Commissioner Waters stated she is not adverse to approving this but she has had requests from neighbors who don't belong to the dog park who would prefer to see improvements to parks surrounding the Aquatic Gardens pond. She stated they have requested, in return for the tax credits and the Commission approving this, that the City tries to negotiate with the developer to use some of those tax credit funds to provide some additional improvements to the pond. She stated if that is something the Commission would consider, she believes the residents would greatly appreciate it. Commissioner Hill stated he believes the density of the project is not a perfect use for that intersection. Mayor Reeves stated he believes this plays a part in the project of helping to take some more retention at someone else's expense. He stated it is a small start, but it is a start and he supports it because of that. He stated he likes to see it converted to something other than a hotel in bringing people to the beaches. Roll Call Votes: Aye: 3 -Stinson, Harding, Reeves Nay: 2-Waters, Hill MOTION CARRIED 7. Action on Ordinances A. Ordinance No. 45-16-22, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT Aprilll, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA APRIL 25, 2016 Page 7 HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. City Manager Van Liere explained the Ordinance was prepared to change some language in Chapter 20- Taxation. He stated it was pointed out to him by the Clerk that this change also affects a few paragraphs in Chapter 18 and in order to have those included and have this passed all at once, he requested a motion to defer this to May 9 so they can combine the additional changes from the other section of the Code, with these presented here, into one Ordinance and re-present it for first reading. Commissioner Hill asked if they still need to have a public hearing at this juncture. Mayor Reeves stated since they published the public hearing, he will open the public hearing but will recess it to the date it was deferred. City Attorney Durden stated that is correct; he would open and continue the public hearing to a date certain. Motion: Defer Ordinance No. 45-16-22 to May 9. Moved by Hill, Seconded by Stinson Mayor Reeves opened the Public Hearing. No one from the audience spoke so he continued it to May 9. City Clerk Bartle asked if it matters that the title is going to change, since it has not been advertised twice with that title. City Attorney Durden stated the title would need to change to reflect the additional Chapter 18. She stated they had the public hearing opened and it will be continued and she would agree that the title is changing and she would simply re-advertise it. Mayor Reeves stated he can't close the public hearing unless they take an action and they are not taking an action. Commissioner Stinson stated it has to go back to the first reading. City Clerk Bartle clarified that the first reading will be on May 9. Mr. VanLiere and Mayor Reeves stated that was correct. Ms. Bartle stated she thought the public hearing was on the 9th, not the first reading; they usually have a public hearing on the second reading. Ms. Durden stated the agenda states public hearing and fmal reading so she would say that the public hearing is continued, it can be re-advertised and it can go to first reading if they wish, but she doesn't think it is mandatory, but they do have to re- advertise it. Commissioner Stinson stated if they change the ordinance and add a whole list of other changes, they have to take it back to a first reading and start the process all over. Ms. Durden stated, in an abundance of caution, they can do that. Roll Call Votes: Aye: 5-Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED B. ORDINANCE NO. 33-16-21, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, AMENDING THE BOUNDARY OF SEAT 2, DISTRICT 1308 AND SEAT 3, DISTRICT 1307 OF THE CITY COMMISSION, AND ADDING A MAP SHOWING NEW BOUNDARIES, AND PROVIDING FOR SEVERABILITY, AND PROVIDING DIRECTION TO STAFF, AND PROVIDING FOR AN EFFECTIVE DATE. Aprilll, 2016 REGULAR COMMISSION MEETING City Clerk Bartle read the Ordinance by title. Motion: Approve Ordinance No. 33-16-21 as read. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Eagle Scout Project to install a permanent T -ball outfield fence at Russell Park. This item was taken out of sequence and acted on earlier in the meeting. B. One Solution/Trakit-City permitting and license software. AGENDA ITEM #lA APRIL 25, 2016 Page 8 IT Director Keith Randich gave a presentation explaining the Enterprise Application Replacement Project, One Solution, and the transition to the new product Trakit. He answered questions from the Commission. Discussion ensued. Mayor Reeves stated this is a good example where they have just said, maybe it will go away. He stated when they face these things, they have to attack them and solve them because they are not going to go away. He stated they need to get this straight. C. Appointment to the Board Member Review Committee. Mayor Reeves explained why he put this on the agenda as a discussion item. He stated there are two people who requested to serve on this committee. He explained why he chose the candidate (Jennifer Leigh Lada) he did and stated he was looking for consensus to move this forward. It was the consensus of the Commission to move this item forward to the next meeting for action. 9. City Manager A. City Manager's Report. • 90-Day Calendar (April2016 through June 2016). Mr. VanLiere reported on upcoming items on the calendar: Shakespeare in the Park-April15-16; and Arts in the Park-April23. He stated on the next agenda there will be some action items regarding the funding of the Police Building, stating it is important the Commission get with him in the next two weeks to go over what is in the packet regarding the cost items associated with the plans being proposed. He further stated VHB is hosting a CRA meeting at Baker Center on April 26 at 6:30 p.m. He stated the Seminole Road paving will begin on May 2, which will take about 2 weeks. He reported they have received some complaints about the address change from Atlantic Beach to Jacksonville. Aprilll, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA APRIL 25, 2016 Page9 He stated they have put some mobilization equipment out for Francis A venue and that should be starting soon. He stated he wants to put a No Exit sign at the west end of Club Drive so people don't go down there and have to make aU-turn to come back. Discussion ensued. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Stinson • Asked the City Manager to provide the report asked for by Mike Borno earlier in the meeting detailing the construction in Atlantic Beach, available square footage, and pervious/impervious amounts for the past 2lh years or so. • Asked that the City Attorney look at the language that the Commission handles all waivers issued and the Community Development Board grants all variances. He stated he believes they may want to consider moving that responsibility to the Commission. • Asked the City Manager to respond to the stormwater system evaluation they discussed and he wants a report on what they are doing for traffic in this area. He stated they discussed some traffic counts and trying to figure out what they are going to do and how they are going to handle the parking, etc. • Wants a tour ofthe existing police facility with ChiefDeal. • Commended Scout Mason Dudley for bringing his project to the Commission; stated it is admirable he wants to raise money and do something to help. • Stated he believes they need to continue improvements at Tideviews. • Would like to see some language in the Fleet Landing Proposal that gives the City the right of first refusal on the land that is not developed. • Stated a resident on Sailfish and Seaspray has an injunction against our Code Enforcement Officer and wants the City to do what we need to to get that injunction removed because that home has become a junk yard. • Suggested having a Kentucky Derby party at Tideviews, serving virgin Mint Julips with everyone gathered for an afternoon barbeque. Commissioner Harding • Reported on the Jacksonville Chamber event "Meet your Elected Officials" he attended on AprilS. • Will attend the FLC dinner/meeting in Starke on April 21. • Stated there is a Fletcher Alumni All-class Reunion on April 23 that will benefit the Beaches Museum and History Park in Jacksonville Beach. Commissioner Waters • Encouraged the Commission, as they look at density issues, that their goal is to protect our current residents. She believes they can negotiate harder. • Stated Spring is here and she hopes everybody is out with their families enjoying the parks and beaches. • Stated depending on how Trackit works or the time and money they are going to spend adopting it, perhaps it would be interesting to look at what Jacksonville has to offer us. She stated if they are going to spend time and staff hours training on a product is it possible that there is something out there that wouldn't cost us a whole lot more in terms of man hours. AGENDA ITEM #lA APRIL 25, 2016 Aprilll, 2016 REGULAR COMMISSION MEETING Page 10 City Attorney Durden • Responded to Commission Stinson that she is already looking into the Sailfish Drive issue. • Reminded the Commissioners they are required to do four hours of training each year. Mayor Reeves • Apologized to the City Manager if he was blunt about the sign; he was guilty of listening to him so he could respond but not listening to what he was actually saying. • Reported the Web.com Golf Tournament moved from PGA Valley and is coming to Atlantic Beach Country Club in October. • Will attend NEFLC dinner/meeting on April 21 and reported the dinner/meeting in May will be at the Club. • Will be judging sandcastles on April23 at the request of the Beaches Leader. • The 70th anniversary of Opening of the Beaches is on April 24 and he is planning to get a vehicle for the parade to hold all of the Commissioners and their family. He asked if the Commission would want to do it and, if so, asked that they let the City Manager or City Clerk know how many will come; stating he believes it would be fun as a Commission to do it together. • Thanked the Commission for their hours and dedication they are putting in. • Stated waivers concern him. • Congratulated the Dispatchers and Animal Control as it is Dispatchers and Animal Control week. • Stated the address change will be helpful to those citizens affected. • Thanked Mayor Curry for his commitment to meet with the Mayors and City Managers of the beaches on a quarterly basis and reported on their first meeting. • Stated he also received a card from Governor Scott asking how he can be helpful. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:49p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer