Draft Min 3-26-07~•
MINUTES
REGULAR CITY COMMISSION MEETING
March 26, 2007
CITY HALL, 800 SEMINOLE ROAD
~"' Attendance IN ATTENDANCE:
Mayor Donald Wolfson Commissioner Sylvia N. Simmons
Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen
"" Commissioner Mike Borno City Manager Jim Hanson
Commissioner Jamie Fletcher City Clerk Donna L. Bussey
~"'" Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Borno.
Mayor Wolfson welcomed the audience and explained the process for public
comments.
'"~ Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
March 12, 2007.
Mayor Wolfson stated he had one change on page 13, removing "water ground" and
replacing it with single-family residential.
Motion: Approve the minutes of the Regular Commission Meeting on
March 12, 2007, as written with one correction on page 13, to replace the words
"water ground" with "single-family residential".
Moved by Borno, seconded by Waters.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
~„ Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
A. Presentation of Independent Auditor's Report by Ron Whitesides, Purvis, Gray
~„ & Company.
Ron Whitesides, Audit Partner with Purvis, Gray & Company, summarized the
~,. Independent Auditor's Report. He reported the audit went well this year, the City had a
positive financial result and the City continues to be operated in a prudent manner. He
also reported there were no adverse findings related to the audit. Commissioner
,~. Fletcher asked Mr. Whitesides if it was correct that the City did not raise the ad
valorem millage rate for the 2006-2007 budget year. Mr. Whitesides stated that was
correct.
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March 26.2007 REGULAR COMMISSION MEETING Page 2
Mayor Wolfson asked Mr. Whitesides about the bond structure of the City. Mr.
Whitesides stated the City has quite a bit of bonding capacity on governmental
~" activities because there is not much outstanding governmental debt.
B. Presentation of WSI Commercial Recycling Project by Steve Wright.
Steve Wright, WSI, thanked the City for awarding WSI the Commercial Recycling
Project and summarized his written report on the Commercial Recycling Project. He
"' stated they have met with the business owners and provided an informational packet on
the recycling program. Commissioner Fletcher asked whether WSI's trucks could run
on biodiesel. Mr. Wright stated with some modifications they probably could but there
"" would be extra costs. Mr. Hanson agreed to check on the cost. Commissioner Borno
asked if the businesses have been open-minded to the recycling program. Mr. Wright
stated they have not received any negative comments but it is the first step in a long
~""' process. He said the recycling is not something that will happen overnight, but in
several years he believes the City will see some real growth in their recycling.
Mayor Wolfson opened the floor to visitors and explained the process for public
comments.
Pat Pillmore, 995 Camelia Street, reported on affordable housing. Mayor Wolfson
stated that she had previously raised an issue regarding pervious and impervious
surfaces on two lots. He stated a memo explaining what has been done has been
submitted to him from the City and he will provide her with a copy of it.
Don Remley,1309 Violet Street, asked if the residents will still receive recycle bins
and what happens if someone steals their bin. Mr. Carper stated the hauler will provide
the bins and each bin has a serial number. Mr. Remley asked if they have to buy a new
bin if it gets damaged. Mr. Carper replied that the hauler will replace them.
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Gray Whaley, 640 Palm Avenue, stated he is opposed to the proposed sidewalk on
~„ Palm Avenue and wants the park kept natural.
Stephen Kuti,1132 Linkside Drive, stated the proposed garbage cans are too large to
~,,,,, be housed beside a car in the garages in Selva Linkside I and II and Selva Lakes. He
stated the rules of the development do not allow gazbage cans to be left outside the
gazage. Additionally, he stated he believes the cost is too high, considering there is
~„ only one pick-up per week. He stated Neptune Beach did not change their pick-up
times and their price is lower than Atlantic Beach. Mr. Hanson stated he will check
into the pricing of the neighboring cities and follow up at another meeting. Mayor
~,. Wolfson stated staff will look into the size of the garbage cans.
Gretchen Deters-Smith, 346 Magnolia Street, stated she is against the proposed
.. sidewalk on Palm Avenue.
Joe Zsomboran, 650 Palm Avenue, stated he wants the Commission to rescind the
~. approval of the $12,000 allocated for the sidewalk on Palm Avenue and believes the
underbrush at the park does not need to be cut to accommodate a sidewalk.
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March 2b, 2007 REGULAR COMMISSION MEETING Page 3
Janice Gilpin, 680 Palm Avenue, stated she surrenders to the opinion of the other
Palm Avenue and Magnolia Street residents regarding the proposed sidewalk.
Mayor Wolfson stated he will bring this issue up at the end of the meeting for a
procedural reconsideration by the Commissioners.
Douglas Speed, 1207 Seminole Road, apologized for statements he made at the last
meeting regarding flooding at Selva Marina being caused by Fleet Landing. He stated
he learned the flooding was caused by growth and debris on the Jacksonville side of the
creek stopping the flow into the Intracoastal and not by Fleet Landing. He also
apologized for his comment regarding assessing the members of Selva Marina Country
Club and stating none of the members could afford that. He believes he was wrong in
saying that, as he does not know their financial status. He stated what he meant to say
was that the Club does not believe an assessment will create enough funds to do what
they need to do with the Club. Also, as a member of Selva Marina Country Club, he
stated he is concerned about the outcome of the Club's plans and is in favor of the
development.
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous
'~ Meeting A. City Manager's Follow-up Report
City Manager Jim Hanson referred the Commission to Ms. Doerr's written report on
'~" the history of Subdivision Waiver Requests and the copy of the wording from the Code
regarding Display and Sale of Merchandise Outside an Enclosed Building which were
both attached to the Agenda packet.
Consent Agenda 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
DESII2ED, 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 Financial and Utility Sales Reports for
February 2007.
B. Approve the transfer of $50,000 from the Mandalay Park project to the Begonia
Street project for roadway improvements.
Commissioner Fletcher asked that Item 4B be pulled.
*" _Motion• Approve Consent Agenda Item 4A as read.
Moved by Waters, seconded by Borno.
March 26, 2007 REGULAR COMMISSION MEETING Page 4
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
*'" Nay: 0
MOTION CARRIED
"` Commissioner Fletcher questioned Director of Public Works Rick Carper if this was a
50% increase in project cost. Mr. Carper stated yes, just to do the roadway.
Commissioner Fletcher asked why the widening of the road wasn't originally included
~" in the estimate. Mr. Cazper stated that was because it was a water and sewer project
and he was not originally involved in the planning. Commissioner Fletcher asked Mr.
Carper to describe what impact the 20 ft. road will have on neighbors' yards. Mr.
'~" Carper stated all work will be done in the right-of--way so there will be no impact on the
yazds. Mr. Carper stated they will be widening the road to the west, which is all vacant
lots at this time. It will make the portion from the right-of--way line to the edge of
' pavement shorter on that side of road than on the east side of the road, but on the east
side there is a drainage swale between the right-of--way line and the edge of pavement.
Commissioner Waters suggested, before removing the entire $50,000 from Mandalay
'"~ Park, reflectors should be installed down that block of Ocean to make it more visible as
drivers approach from the North. Mayor Wolfson asked whether-the enhancements to
beautify with planting to discourage turning southbound across the triangulaz section
'~ were still being done. Mr. Carper stated they ha.d talked about putting in some curb or
some kind of modifications, which he has not looked at yet, but believes those types of
small scale improvements can come out of the streets maintenance budget. Mayor
Wolfson asked for clarification that the entire $50,000 that was budgeted for Mandalay
is being pulled entirely away from Mandalay and put towards the additional funds for
the Begonia project. Mr. Carper stated that was correct. Commissioner Waters stated
recently there are a number of commercial vehicles parked in places that aze tearing up
Mandalay Park and believes there is a problem there that needs to be dealt with at some
point. Commissioner Borno stated he is in agreement the Pazk is being torn up but
since Mr. Carper stated the money can come from the streets maintenance budget, he
supports taking this money and transferring it to the Begonia Street project.
Motion: Anarove Consent Asenda Item 4B as read.
Moved by Borno, seconded by Simmons.
Mayor Wolfson requested staff to be cognizant of the request to address those concerns
of the northernmost portion of Mandalay Pazk where it has deterioration and to do
,~, whatever is necessary to encourage drivers to not cut that corner.
Votes:
~. Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None
Action on Resolutions 6. Action on Resolutions
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M_ arch 26, 2007 REGULAR COMMISSION MEETING Page 5
A. Resolution No. 07-02.
!~° A RESOLUTION OF THE CITY OF ATLANTIC BEACH OPPOSING FLORIDA
HOUSE BILL 529, KNOWN AS THE "CONSUMER CHOICE ACT OF 2007;
URGING MEMBERS OF THE FLORIDA LEGISLATURE TO REFRAIN FROM
"" ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF HB529 AND TO VOTE IN
OPPOSITION TO HB529; REQUESTING GOVERNOR CRIST TO ADVISE THE
HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT HB529;
'~"' AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO GOVERNOR
CRIST, THE DUVAL COUNTY LEGISLATIVE DELEGATION, AND THE
FLORIDA LEAGUE OF CITIES, PROVIDING FOR SEVERABILITY; PROVIDING
'"" FOR REPEALER; PROVIDING AN EFFECTIVE DATE.
Mr. Hanson stated the Florida Legislature is considering HB529, the Consumer Choice
""~ Act of 2007, which would strip cities and counties of their ability to regulate cable TV
providers operating in their cities, in particulaz operating with lines on city right-of-
ways, and explained the problems that could be created by this Act. Mr. Hanson was
a'"~ concerned that with only three weeks left in the legislative session, if this Resolution is
not adopted by the Commission tonight, Atlantic Beach will not have any input. Mayor
Wolfson stated since there is a calendar issue, if the Commission does not act on this
issue it will probably be too late to express their concerns to Tallahassee.
Motion: Adopt Resolution No. 07-02 as written.
Moved by Fletcher, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
,,,,~ Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 55-07-31, Public Hearing and Final Reading
AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 16, SOLID WASTE
.AND RECYCLING, OF THE MUNICIPAL CODE OF ORDINANCES OF THE
CITY OF ATLANTIC BEACH, FLORIDA; ESTABLISHING A NEW CHAPTER 16
AND ESTABLISHING AN EFFECTIVE DATE.
Motion: Approve Ordinance No. 55-07-31 as written
Moved by Borno, seconded by Waters.
Commissioner Fletcher requested amendment of Ordinance No. 55-07-31, per
~• instructions from staff to add "times 4.33 in accordance with number 11 below" on
Page 8, Section 16-10, Item 3.
Motion: Amend Ordinance No. 55-07-31 to add "times 4.33 in accordance with
number 11 below" on Page 8, Section 16-10. Item 3 and Approve as amended.
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March 26.2007 REGULAR COMMISSION MEETING Pa e 6
Moved by Fletcher, seconded by Simmons.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson opened the floor to the Public Hearing.
Eva Sprinkle, 97 Kimberly Court, stated, in Tiffany By The Sea, the islands are very
'"' narrow and most of the garbage trucks cannot make it around them. She stated since
the roads in her development are private, the curbs ruined by the gazbage trucks aze
repaired at the residents expense. She asked if the new garbage trucks are any lazger
'""' than the present garbage trucks, which currently have trouble maneuvering azound their
streets. She asked how do they prevent the trucks from going around the very nazrow
ends of the streets. Mr. Carper stated the truck are the same size as the current trucks,
~"" the only difference being the cart tippers on the back. He stated Tiffany By The Sea is
one of areas that will be evaluated for use of the small 8 cube pack rat. The contractor
is required by the contract to have a smaller compactor for use in neighborhoods with
'"" small cul de sacs.
Roger Breen, 345 East Coast Drive, reported some rental residents in his
neighborhood are using the recycle bins for garbage and should be educated about the
procedures. He stated he is concerned about the procedures for the large trash bins, as
far as where the garbage collectors put them when they aze emptied so they don't blow
down the street. He also commended the people at WSI stating they have been
professional, proficient and very courteous.
No one else from the audience spoke so the Mayor closed the floor to the Public
Hearing.
Commissioner Borno stated when we get into the program, education will resolve a lot
of the concerns we have heazd to this point.
Commissioner Simmons stated we aze planning education and once the new equipment
is experienced we should be able to work out any problems that may occur. She stated
there are still more amendments and asked if Finance Director Nelson VanLiere's three
points are included in the Ordinance. Mr. VanLiere stated those were already in the
version being approved. Mr. Jensen stated the request is to have that amended before
final adoption. It was passed on first reading in its original form. Mr. VanLiere stated
the confusion is he did the staff report to indicate these three changes, but they were
already incorporated into what is here for approval tonight. After it was printed he
found another change and it is the one the Commission made a motion to amend.
Commissioner Simmons requested to make a motion to include the three amendments.
Motion: Second Amendment to Ordinance No. 55-07-31 which was approved on
First Readins to include:
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March 26, 2007 _ REGULAR COMMISSION MEETING Pa e 7
1.) The ordinance as originally proposed had a separate charge for recycling
for multi-residential units. We propose to only bill one charge for all services in
the amount of $17.10 per month. There is no opportunity for a resident to only
choose some of the services and therefore it is not necessary to have itemized rates
for them.
2.) The ordinance as originally proposed on first reading failed to address the
cubic yard rate for 2 yard containers for multi-family units. As addressed in the
~'" commercial charges, the two yard container has a rate of $6.46.
3.) The ordinance originally proposed a rate of $16.11 per cubic yard collected
~ for compacted garbage. The compaction rate is determined by multiplying the
standard rate by three. The standard rate includes a $0.21 charge for opening
locks and gates. We determined that charging three times the $0.21 charge was
'~ not appropriate and therefore we have reduced the proposed charge by $0 42 or
two of the lock and gate charges. The new proposed rate is therefore $15.69.
and to include the corrections and changes in scrivener's notes that have been
made in copy included in second reading.
Moved by Simmons, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Fletcher thanked Mr. Carper for doing a fine job on a very detailed
,~„ contract working with WSI and stated it is a good strong contract for the City and
citizens of Atlantic Beach because of the fines in place. He stated he is concerned
about the size of the containers and asked if there are smaller containers available. Mr.
,~, Carper stated the same manufacturer also has 32 and 48-gallon toters but they can also
be purchased at Home Depot, they just need that front grab bar. Mayor Wolfson stated
through the contract we are providing our citizens with these toters. He asked if the
~., toter we are providing does not fit, can our citizens go out and buy their own toter. Mr.
Carper stated that at this time we don't have anything negotiated with the contractor to
provide for a third or fourth size toter. Mayor Wolfson stated that if we are providing a
~. toter that can't be stored in these small garages and they can't put their toters outside
because of their PUD guidelines, we have created a problem for these citizens. Mr.
Carper agreed and stated this is a problem that was not considered earlier because these
~» toters are standard sizes and a smaller size toter did not even come up in discussions
with the hauler during the negotiation phase. Mr. Hanson stated a 64-gallon toter is not
much different than a normal garbage can in size. Commissioner Fletcher asked Mr.
Carper if the contract has provisions to be changed or amended, if needed, by the City.
He asked if the City could add a provision to the contract to say that if smaller bins are
needed, the hauler will provide them. Mr. Carper stated we can negotiate amendments.
Motion: Approve Ordinance No. 55-07-31 as amended.
March 26, 2007 REGULAR COMMISSION MEETING Pa e 8
~.
Moved by Borno, seconded by Waters.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 20-07-84, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007.
Motion: Aunrove Ordinance No. 20-07-84 as read.
Moved by Simmons, seconded by Borno.
Commissioner Borno stated this Ordinance will provide $200,000 in the budget for the
remainder of the funds needed to move forward for the purchase of the Buckman
property.
Votes:
~, Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
,,, Business
A. Distribution and discussion of draft Concurrency and Proportionate Fair-Share
Ordinance.
Sonya Doerr summarized her staff report and stated Ed Layman, Director of Planning
and Development, was here to answer any questions. Mr. Layman stated this is
required from every municipality and local government in the State of Florida and
believes this Ordinance when adopted on April 23, 2007 will meet the requirements of
the State for proportionate share.
B. (Public Hearing) Request from Ruth M. Thomas for a waiver from Section 24-
255 (a) of the Subdivision Regulations seeking approval to create two lots that
are less than 75 feet in width and less than 7,500 square feet in Lot Area and
that are also less than the 75-feet width and 7,500 square feet requirements of
the RS-2 Zoning District for property at 343/345 Second Street. (This request
was denied by failed motion at the March 12th meeting. The property owner
has requested to again be heard at this meeting.)
The Mayor opened the floor to the Public Hearing.
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March 26.2007 REGULAR COMMISSION MEETING Page 9
~,.
Carol-Anne Hallam, 3625 Scioto Court, Green Cover Springs, explained the
reasons for her mother's (Ruth M. Thomas) request for the waiver to allow the
construction of two separate (not joined by a common wall) single RS 1 dwellings on
two lots that are 50' x 140'. She stated she will leave a petition with the Commission
of Ms. Thomas's neighbors who approve the waiver.
Kellina Chavoustie, 335 Second Street, spoke in favor of the waiver.
Steve Chavoustie, 335 Second Street, spoke in favor of the waiver for Ms. Thomas.
Alan Potter, 374 Second Street, spoke in favor of the waiver.
R.D. DeCarle, 51 Beach Avenue. Commissioner Fletcher asked Mr. DeCazle if he has
any contractual or fiduciary interest in this property. Mr. DeCarle replied not at this
~"' time and stated he is not under contract with the sellers. Mr. DeCazle spoke in favor of
the waiver.
Greg Ferrell, 2334 Ocean Forest Drive West, stated he owns the property adjacent
(west) to Ms. Thomas and expressed opposition to the waiver.
Mr. Carper stated, from the plans that have come before him in the past three years,
whether a duplex or single-family home, people are going to near 50% in core city
now, so the impact of duplex versus single-family home will make no difference.
Mayor Wolfson asked what the setbacks aze on two properties as opposed to one. Mr.
Carper stated you would get an additional 15' of setback but both lots could still be
developed to 50% impervious surface coverage.
No one else from the audience spoke so the Mayor closed the floor to the Public
Hearing.
~, Motion: Approve request to waiver from Section 24-255 (a) of the Subdivision
ResulaNons for property at 343/345 Second Street.
Moved by Waters, seconded by Borno.
Commissioner Waters stated he would like to ask Dorothy Kerber, as the resident
historian of zoning, some questions. He stated she lives in the vicinity of this property.
Ms. Kerber stated she has been in the same house since September 1957.
Commissioner Waters asked Ms. Kerber if this neighborhood was originally a single
family neighborhood laid out with 50' lots. Ms. Kerber stated yes, some were 50' and
some were 100' because some citizens bought two. Commissioner Waters stated the
waiver is not asking anything different than what the neighborhood itself set up as a
standazd, using 50' lots as its basis. Commissioner Waters stated then someone came
along and had it rezoned to duplex or double residences. Ms. Kerber stated that was
correct, up to Ninth Street. Commissioner Waters stated that the Commission has since
taken it back to single-family residences. Ms. Kerber said the person who had it
rezoned asked that it revert back when she left the City. Ms. Kerber stated she is in
favor of the waiver and would sign the petition for Ms. Thomas. Commissioner Waters
stated that the Mayor confirmed with Mr. Carper that in the subdivision more green
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March 26, 2007 REGULAR COMMISSION MEETING Pa a 10
space is created in the sense that the two buildings have to be separated by a minimum
10' easement, 5' on each side. Commissioner Waters asked Mr. Jensen if he found any
examples that are similar to this request. Mr. Jensen replied Eighth Street was
identical, a 50' lot with two 25' portions on either side. He stated it was denied
because it is not consistent with the zoning, it doesn't meet the size requirements.
Commissioner Borno stated he believes we should try to go back to two single-family
homes in this particulaz case.
Commissioner Fletcher stated he remains against the waiver because of legal
precedence, conditions of waiver have not been met, and character issue.
Mayor Wolfson asked staff if 50' wide lots in this neighborhood were the norm. Ms.
Doerr answered that was correct. Mayor Wolfson asked if it was correct that the
~'" duplexes in the neighborhood were not in keeping with the character of the
neighborhood, so the Commission enacted legislation that would not allow future
development of duplexes in these neighborhoods but it included a vested clause that
'"' would allow the existing duplexes to stay or be rebuilt if catastrophically destroyed.
Ms. Doerr confirmed and explained as long as they were legally constructed as
duplexes they could be rebuilt in their existing footprint and in compliance with other
'~" regulations. Mayor Wolfson stated the waiver would give the opportunity, if certain
criteria were added, to not allow the redevelopment of a duplex. Ms. Doerr stated the
Ordinance gives the Commission the authority to attach conditions to the waiver.
Mayor Wolfson stated if the applicant were not in favor of the conditions attached to
the waiver, he would not be in favor of the waiver; however, if the applicant did agree,
then there would be two single-family homes with no possibility of having any duplex
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on this lot in the future.
City Attorney Jensen stated this should not be done as a waiver, it should be done as a
change to the Ordinance.
~„ Commissioner Waters questioned what the zoning was for the lot on Eighth Street. Ms.
Doerr stated it was zoned Single Family (RS-2) at the time of the request in 2003.
Commissioner Waters asked what it was zoned before it was RS-2. Ms. Doerr stated it
~, was RS-1, which allowed duplexes. Commissioner Waters stated he doesn't believe
the Commission should speculate on everyone possibly suing the City, so he disagrees
with this and would support the waiver.
Commissioner Simmons stated she is still concerned about legal precedent when you
start granting waivers. She does not believe that this request for a waiver meets the
conditions of waiver in the subdivision regulations.
Mayor Wolfson explained he respects the City Attorney's opinion about a waiver not
being the way to go, but to change the Ordinance. He stated the Ordinance can be
drafted in such a way that can address that particular neighborhood. Mayor Wolfson
stated he does not believe it would be prudent for the Commission to risk the waiver.
Commissioner Borno explained our current Ordinance states you have to have 75'
frontage to build. He asked if this isn't straightened out by Ordinance in this particular
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March 26.2007 REGULAR COMMISSION MEETING Page 11
area where they were platted at 50', does that mean if somebody owns a 50' lot and
they sell it, that no one can build on it until they have 75'. Mr. Jensen stated it doesn't
say you have to have 75' frontage to build. Any residential lot created after that
ordinance became effective has to have at least 75' frontage. Ms. Doerr agreed with
Mr. Jensen stating this is something that needs to be addressed clearly because this
comes up very frequently. Commissioner Borno agreed changing the Ordinance is the
way to go.
The vote was taken as aroll-call vote by the City Clerk.
Votes:
~'" Aye: 1 -Waters
Nay: 4 -Borno, Fletcher, Simmons, Wolfson
MOTION FAILED
Mayor Wolfson explained the City Attorney is saying there is a way to do this but it
would be addressed through the Zoning Department. Ms. Doerr stated this very same
situation applies in Section H, those are the two areas of the City that have platted 50'
lots. She asked if the Commission wants them to look only at old Atlantic Beach or to
address Section H also. Commissioner Borno stated his request would be anything that
has been platted 50' regazdless of where it is located in the City. Mayor Wolfson stated
staff will look into this and come back with a memorandum before the issue goes
further. He believes it will have a domino affect on a lot of applications and believes
the City Attorney's opinion is well guided because of the complexities here. Ms. Doerr
stated it involves some fairly minor language notations to a couple of different sections
~„ of Chapter 24 and she will work with Mr. Jensen on that. Mayor Wolfson apologized
to the applicants but stated he believes this is in the City's best interest at this time.
C. FCT Grant for Acquisition of Buckman Property.
Mr. Hanson reported the City received notice from the Florida Communities Trust that
~,, the money had been allocated for the City's application to provide funding to pay three
quarters of the cost for property acquisition of the Buckman tract, which is
approximately 350 acres. They need the City to execute the grant and related
confidentiality agreement and return to them by April 16, 2007. He stated this brings
the City just under the wire for the budget amendment because we need to amend the
budget before we can sign the grant, so we will need the second reading on Apri19,
2007. He suggested, on the confidentiality agreement, signatures will be needed from
the City Manager, City Attorney, Sonya Doerr, and each of the elected officials because
once the appraisals are in place we will have to check with everyone to sign off on a
o. price before we can sign a final option to purchase.
Motion: Authorize the City Manager to execute the grant contract and
confidentiality agreement on behalf of the City.
Moved by Simmons, Seconded by Borno
Mayor Wolfson stated the next step is to have two appraisals, which is required by law
for the purchase/acquisition of any property under the FCT in excess of $500,000. He
stated if the appraisals support this, they are granting us 75% of the project cost and
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March 26, 2007 REGULAR COMMISSION MEETING Pa a 12
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none of the balance is coming from the general fund. The balance will come out of
restricted funds, such as the half-cent sales tax, the Better Jacksonville Plan, and a
fundraiser that will be supported by the citizens. Regarding the confidentiality, Mr.
Jensen stated the City will be trying to negotiate a price and the law allows the City to
keep that out of the public if the value of the property exceeds $500,000.
Votes:
Aye: 5 -Fletcher, Simmons, Borno, Waters, Wolfson
~"" Nay: 0 -
MOTION FAILED
City Manager 9. City Manager
A. City Manager's Report
~"` Jim Hanson stated he distributed a list of legislative issues that he, the Mayor and
Commissioner Waters will be presenting to Senator King and Don Davis's staff at the
Legislative Action Day. Mayor Wolfson asked the Commission to look at the issues
~" and if there was anything else they wanted to add to bring it to his attention.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
~" City Commissioners
City Attorney A. Campaign Spending Limits
Alan Jensen reported on his memo on the campaign spending limits.
Commissioner Borno
• Stated he is pleased the waiver issue can now be resolved as a City wide issue
and not just an individual issue.
Commissioner Simmons
• Thanked the Mayor, Commission and neighbors of Ms. Thomas for their input
regarding the waiver issue.
Commissioner Fletcher
~„ • Thanked the Mayor for his efforts with the FCT and the Buckman land.
• Stated he appreciates the Commission's willingness to abide by our Ordinances
or change the Ordinance.
Commissioner Waters
• Stated the NE Florida League of Cities is asking the Beaches to host the May
meeting and he needs the Commission's permission to instruct the City
Manager to negotiate that with the three other City Managers. Mayor Wolfson
stated he is totally in favor.
..
March 26, 2007 REGULAR COMMISSION MEETING Paee 13
~,.
Mayor Wolfson
Stated the issue of the sidewalk on Palm Avenue needs to be acted on tonight or
it will go forward and will pass and a sidewalk will be built. The only time we
can bring this back is at the next meeting, which is tonight.
Motion: Reconsider the authorization of a new sidewalk only on Pahn Avenue
Moved by Wolfson, Seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Motion: Do not construct a new sidewalk on Palm Avenue
Moved by Wolfson, Seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson directed staff to clean up the yard clippings and debris from the area of
Howell Park at Palm Avenue.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:57
pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk