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10-23-06MINUTES REGULAR CITY COMMISSION MEETING October 23, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner Jamie Fletcher 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 Mayor Wolfson. 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 October 9, 2006 Motion: To approve the minutes of the Regular Commission Meeting on October 9, 2006 with one tyoograahical change. Moved by Fletcher, 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 The Mayor opened the floor to visitors. Pat Pillmore, 995 Camelia Street, read a letter she wrote to Mayor Payton. She requested that the city be more specific when using the term "waiver". Ms. Pillmore presented a small donation to the city showing support to counter any legal actions taken by citizens regazding the new Residential Standards ordinance. Jack Robbins, 1435 Linkside Drive, representing Selva Linkside Unit One Home Owners Association, explained and presented a Speed Humps Petition and also requested that the Commission prohibit city vehicles from using the Selva Linkside neighborhood as a cut through. Stephen A. Kuti, 1132 Linkside Drive, spoke regarding the following: 1) complimented the crew maintaining the city right-a-way in Selva Linkside, October 23.2006 REGULAR COMMISSION MEETING Pa e 2 2) complimented the Utility Director for replacing the fence at the Wastewater Plant, 3) commented on traffic and speeding in the Selva Linkside neighborhood and requested additional police presence. Cindy Corey, 394 Eighth Street, reported on the Dutton Island Expansion project and Acquisition of Buckman/Pritchazd Land Trust. She urged the Commission to attend the meeting regarding the fundraising for acquisition on October 24, 2006 at Adele Grage Cultural Center at 7:00 pm. She advised an event called "Marshfest" has been scheduled for Saturday, November 18, 2006 from 8:00 am unti13:00 pm at Dutton Island. She expressed her appreciation for the support from the Pazks Department and Police Department. She indicated she would be asking the Cultural Arts and Recreation Advisory Committee for some funding. Hallie Stevens, 382 Seventh Street, Northeast Program Director for the Nature Conservancy, spoke regazding the proposed Resolution No. 06-13 and urged the Commission to approve the resolution. Unfinished Business 3. Unfimished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson reported on the status of the Moody Marine Property and indicated the design and development application has been received along with the preliminary site plan. He indicated he would be forwarding a copy to the Commission this week. Mr. Hanson reported that Freebird Cafe has decided not to pursue relocating to Atlantic Beach. Discussion ensued regazding the height of the structure being proposed at the Moody location. The Mayor noted that Councilman Graham and other Elected Officials have expressed opposition to significant heights on the Intracoastal Waterway and believed Atlantic Beach could give input on the issue if necessary. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales for September 2006 Mayor Wolfson read the Consent Agenda. Motion: To approve Consent Agenda as presented. Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None October 23.20(16 REGULAR COMMISSION MEETING Ps e 3 Action on Resolutions 6. Action on Resolutions A. Resolution No. 06-13 RESOLUTION OF THE CITY OF ATLANTIC BEACH SUPPORTING A SUCCESSOR PROGRAM TO FLORIDA FOREVER AND THE CONTINUED FUNDING OF PROGRAMS SUCH AS THE FLORIDA THE FLORIDA COMMUNITIES TRUST, WHICH ASSISTS CITIES AND COUNTIES IN THE ACQUISITION, CONSERVATION AND MANAGEMENT OF ENVIRONMENTALLY AND CULTURALLY SIGNIFICANT LANDS Mayor Wolfson read the Resolution by title only. Motion: Aaarove Resolution No. 06-13 as read. Moved by Borno, seconded by Fletcher Mayor Wolfson expressed the importance of the program and his support for it. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-196, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-06-195, SAID ORDINANCE PREVIOUSLY ADDING SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS TO THE LAND DEVELOPMENT REGULATIONS, THIS ORDINANCE SPECIFICALLY AMENDING SAID RESIDENTIAL DEVELOPMENT STANDARDS TO DELETE PARAGRAPH (c) (1)i. FROM SECTION 24-172, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Motion: Anarove Ordinance No. 90-06-196 as written on first reading. Moved by Waters, seconded by Borno Commissioner Waters referred the Commission to his memo, which is attached and made part of this official record as Attachment A His memo requested passage of Ordinance No. 90-06-196 and his logic behind proposing it. Commissioner Fletcher expressed concern for bringing up new changes pertaining to the Residential Development Standards at this time. Commissioner Simmons agreed with Commissioner Fletcher and added objection to what she believed to be last minute changes. October 23.2006 REGULAR COMMISSION MEETING Page 4 Commissioner Waters addressed their concerns and explained the timing and how it relates to the increased FAR. Mayor Wolfson noted this proposed change was previously mentioned. He explained Commissioner Waters' request and expressed his support to bring the smaller lots into balance. Discussion ensued regazding conforming and nonconforming houses. Commissioner Borno indicated he did not consider the number of conforming or nonconforming houses when he voted on the increased FAR but rather he wanted to give an advantage to development by utilizing the lazger figure. Votes: Aye: 3 - Borno, Waters, Wolfson Nay: 2- Fletcher, Simmons MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. New Sidewalk Construction for FY 2007 Public Works Director Rick Carper referred the Commission to his staff report and handouts. He explained his recommendation and answered questions from the Commission. Commissioner Simmons expressed support for construction of sidewalks on West 10~' Street and West 6`~ Street but did not support taking funds dedicated for Westside of Mayport Road to apply to Aquatic Drive. She reported the comments she heazd regarding sidewalks during the Neighborhood Chat meetings and wanted to resolve the sidewalk problems on Orchid Street and Rose Street. Further discussion ensued regarding the sidewalk issues raised at the last Neighborhood Chat meeting. Commissioner Fletcher expressed safety and liability concerns regarding the slope of the sidewalks in that azea. Commissioner Waters emphasized the need to address paving and sidewalks on Main Street. City Manager Hanson explained the process used for prioritizing sidewalk and bike path projects. Mayor Wolfson requested for staff to report back regazding the second part of the recommendation. Motion: Approve construction of sidewalks on West 10th Street and West 6`h Street with remaining project funds held pending a constructability analysis of Aquatic Drive (survey required to determine if room to place sidewalk in right of way along western side of street). October 23, 2006 REGULAR COMMISSION MEETING Pace 5 Moved by Waters, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION PASSED B. Budget Modification for West Plaza Bike Path City Manager Hanson explained the money for guardrail construction and landscaping on the path was budgeted last fiscal year, but did not get encumbered in time. He asked the Commission if he could prepare a budget modification for first reading to add $15,000 to the project fund. Motion: Direct staff to prepare a budget modification for first reading to add $_15,000 to Proiect PW0606, Account 131-5002-541-6300. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION PASSED C. Recommendation for temporary waiver of requirement to connect to city sewer system for house at 2359 Seminole Road City Manager Hanson referred to and explained his staff report, which is attached and made part of this official record as Attachment B. Sam Jacobson, owner and resident of 2359 Seminole Road, reported his attempt to comply with the requirement to connect to the city sewer. He then explained the various events which led up to the city's recommendation for the temporary waiver. He expressed agreement to the terms of a temporary waiver as presented in the staff report. Discussion ensued regarding the pumps and loss of trees if the system was to be installed. Motion: Approve a temporary waiver from the city's policy requiring connection to the city sewer service for the homeowner at 2359 Seminole Road. Motion by Waters, seconded by Simmons Commissioner Fletcher addressed the possibility of designating trees as protected specimen trees. City Attorney Jensen suggested to not take action on tree designation during this agenda item. October 23, 2006 REGULAR COMMISSION MEETING Page 6 Further discussion ensued regazding the waiver. Amendment to the Motion: To add "until such time in the future when the front (westward) portion of the lot is developed and require that the provisions of this waiver be acknowledged and accepted as part of any future transfer in title for any part or all of this property. Moved by Simmons, seconded by Fletcher Discussion ensued regarding whether the septic tank failure should be a condition of the waiver. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1- Borno MOTION PASSED Amended Motion: Approve a temporary waiver from the city's policy requiring connection to the city sewer service for the homeowner at 2359 Seminole Road until such time in the future when the front (westward) portion of the lot is developed and require that the provisions of this waiver be acknowledged and accepted as part of any future transfer in title for any part or all of this property. Motion by Waters, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION PASSED D. Discussion and related action on the City Manager's Compensation Commissioner Borno referred to the City Manager's memo to the Commission and agreed to respect Mr. Hanson's wishes to decline any bonus if offered. The Commission concurred and thanked Mr. Hanson for his hard work. E. Cost of Living Adjustment for Retirees (deferred from Sept. 25, 2006 meeting) City Manager Hanson referred to his staff report, memo, and the actuarial reports and explained the status of the city's two pension funds. Mr. Hanson reported his recommendation that it is not an appropriate time to provide a COLA increase to the city's retirees. Commissioner Waters agreed, but asked to address the COLA for retirees during the next Strategic Planning process. The Commission concurred with the City Manager's recommendation and to address it during Strategic Planning. October 23, 2006 REGULAR COMMISSION MEETING Pace 7 City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported on TMDL regulations indicating the latest recommendation from the committee is that state funding will not be available to help meet the TMDL requirements and explained their reason . He also reported the Workshop for the Public Safety Building has been scheduled for 4:00 pm on November 27, 2006 prior to the Regulaz Commission Meeting. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners A. Recommendation for reappointments to the Code Enforcement Board City Attorney (Mayor) Mayor Wolfson noted the Board Member Review Committee's recommendation to reappoint Mamie Hurd and Barbara Weiss to the Code Enforcement Boazd. Commissioner Waters reported on both members' service. The Mayor expressed his support for the recommendation. Motion: Reappoint Mamie Hurd and Barbara Weiss to the Code Enforcement Board to serve an additional term. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Recommendation for appointment of a new member to the Cultural Arts and Recreation Advisory Committee (Mayor) Mayor Wolfson noted the Board Member Review Committee's recommendation to appoint Gary Becka to the Cultural Arts and Recreation Advisory Committee to fill the vacancy of Linda Ginsberg. Commissioner Waters referred the Commission to Mr. Becka's resume to report his abilities. Commissioner Fletcher reported his knowledge of Mr. Becka and expressed support for his appointment. The Mayor expressed his support for the recommendation. Motion: Appoint Garv Becka to the Cultural Arts and Recreation Advisory Committee to fill the vacancy of Linda Ginsberg. Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED October 23.2006 REGULAR COMMISSION MEETING Page 8 A. Creation of a committee to study district representation Mayor Wolfson referred to the staff report in the agenda packet and reported the recommendation. Commissioner Borno asked for a workshop on the topic and suggested having recommendations for membership to the Committee available. Mayor Wolfson expressed concern regarding the timeline and recommended moving forward with a committee as soon as possible. There was further discussion on timelines. Commissioner Fletcher indicated he has a list of nominees prepared and was ready to address tonight if possible. Mayor expressed the need for a balance of representation on the committee and offered other ideas on membership. Commissioner Simmons shared her ideas regarding districts and membership. Further discussion ensued. Mayor Wolfson asked for a workshop prior to the next Regular Commission Meeting and the Commission agreed to it. City Manager Hansen requested all nominations for members be submitted to him and explained the maps and materials he plans to provide prior to the workshop. City Attorney Jensen - Reported he will not be at the next meeting on November 13, 2006. Commissioner Borno - Reported he had attended his first meeting regarding the ferry and explained he plans to have a Resolution on the next agenda in support of the ferry. Mayor expressed appreciation for his work with the committee. Commissioner Simmons - Indicated the need to look into the Selva Linkside issues presented earlier. Commissioner Fletcher agreed with Commission Simmons. The City Manager was asked to research and report back to the Commission regarding the two traffic issues. Commissioner Waters - Indicated he had attended the Legislative Council meeting. He reported on the issues addressed and provided the Commission with a handout from the meeting. He expressed the need to have a representative attend the meetings. - Agreed that city vehicles should be able to use Plaza. instead of using Selva Linkside streets as a cut through. - Complimented the Mayor for supporting the lighting of the welcome sign which can now be seen easier. - Complimented the City Manager for the selection of the artwork in the Commission Chambers. Mayor Wolfson - Complimented the City Manager for the enhancements to City Hall and the Commission Chambers. October 23 2006 REGULAR COMMISSION MEETING Page 9 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:59 pm. Donald M. Wolfson, Mayor/Presi 'ng Officer ATTEST: ~~DYUha Donna L. Bussey City Clerk ATTACHMENT A OCTOBER 23, 2006 COMMISSION MTG. TO: Mayor, Commissioners and City Manager FROM.• Commissioner Waters RE.• An unintended result of the passage of the revised Ordinance 90-06-195 REMEDY.• Passage of Ordinance 90-06-196 LOGIC: The original (or unrevised) Ordinance 90-06-195 provided for an exception for small lots so that everything under 6, 000 square feet would be treated as ij it were 6000 square feet-which was justifiable to some as a corrective measure. Thus if you possessed a 5500 sq. ft. lot, it would be treated as 6000 sq. ft. for building purposes with a FAR of .54; hence 6000 (really a SS00 sq. ft lot) x. 54 3240 3240 sq. ft house + 500 sq. ft garage Now with a .60 FAR, it entitles the property owner to build the following on that small lot: 6000 (really a 5500 sq. ft lot) x. 60 3600 3600 sq. ft house + 500 sq. ft garage Whereas if you held these small lots to their actual size and to the same FAR as e very othar lot, here is what you would have while treating all property in Dld Atlantic Beach exactly the same: SS00 x. 60 3300 sq. ft house with a 500 sq. ft garage CONCLUSION.• If the 6,000 sq. ft. minimum were deleted, then the .60 FAR on a 5500 sq. ft. lot now creates almost exactly the same square footage for a house as originally proposed in the unrevised Ordinance. Please remove the exemption for the revised ordinance out of fairness and for simplicity. THANKS, DEZMOND ATTACHMENT B OCTOBER 23, 2006 COMMISSION MTG. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommendation for temporary waiver of requirement to connect to city sewer system for house at 2359 Seminole Road SUBMITTED BY: Jim Hanson, City Manag DATE: October 13, 2006 BACKGROUND: Several years ago the Mayor and Commission adopted a policy for the enforcement of the state law requiring the conversion from septic tanks to a public sewer system. The state requires any owner of a septic tank to connect to a public sewer system within one year if that system is located within 100 feet of the property line. However, local governments are expected to enforce the state law. The Atlantic Beach policy sets a timetable for conversion with a minimum of 5 years to connect which has now expired for many septic tank owners. The City has been quite successful with this program and over half of the septic tanks in Atlantic Beach with public sewer availability have been converted to the public system. There is one septic tank owner for which the timetable for enforcement has expired that has not connected to the sewer system. The property is located at 2359 Seminole Road and is owned by Sam Jacobson. There are numerous problems with the physical connection to the sewer system which would result in a very high cost which, staff believes, is unreasonable. Even though the lot is within 100 feet of the nearest city sewer line, it is long and narrow with the house located quite a distance from the city street. There is a "dip" in the property between the house and the street that would preclude using a gravity sewer system. Two pumps and a force main would be required to connect to the two septic tanks that are currently in use. One of these tanks is located partially under some pool decking. The front of the lot, across which the connection would be needed, is heavily wooded. The installation of a sewer force main would probably require the elimination of several large trees. A survey of the property is attached for your information. Because of all the problems with the connection, the city's contractor (Gruhn May) has estimated the cost of this work to be in excess of $30,000. Most of the other septic to sewer conversions that have been completed in Atlantic Beach have ranged in cost between $2,000 and $5,000. To date, the most expensive conversion that has been completed for a single building (duplex) has been $12,096 including impact fee and tap fees. ATTACHMENT B OCTOBER 23, 2006 COMMISSION MTG. At some point in the future, it is expected that the area between the house at 2359 Seminole Rd. and the street will be subdivided to create one or more new lots and that dwelling units will be built on those new sites. The City will require that those new units be connected to the city's sewer system. The cost to connect the existing house at the rear of the property would be much lower if done in connection with a new development. We have discussed a possible temporary waiver with the property owner and he is agreeable. BUDGET: There is no cost to the City of Atlantic Beach for septic to sewer conversions. All these costs are paid by the property owners. RECOMMENDATION: Approve a temporary waiver from the city's policy requiring connection to the city sewer service for the homeowner at 2359 Seminole Road until such time in the future when the front (westward) portion of the lot is developed or either of the septic tanks fails and require that the provisions of this waiver be acknowledged and accepted as part of any future transfer in title for any part or all of this property. 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