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11-27-06MINUTES REGULAR CITY COMMISSION MEETING November 27, 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 Jamie Fletcher Commissioner Sylvia N. Simmons 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 Waters. Mayor Wolfson welcomed the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 13, 2006. Mayor Wolfson requested change on Page 11, F, under Commissioner Waters' comment requesting clarification on what is being requested. Mayor Wolfson requested that "they" be changed to read that "the Developer" is asking for the parking to be left where it is now. Motion: To approve the minutes of the Regular Commission Meeting on November 13, 2006 with change. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Wa*ers, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor opened the floor to visitors and explained the process for public comments. Michael Hoffman, 176 Camelia Street, (1) requested a response to his concern regarding the substandard sidewalk in Marsh Oaks along Rose and Orchid Streets in two areas. He indicated he had e-mailed the City Manager on behalf of his neighborhood association on September 3, 2002; (2) reported, in the August 2002 minutes of his neighborhood association, they directed some requests to the City and the Commission regarding the City-owned property on W. ls` Street such as: (a) to incorporate the City property into Tide Views Park, (b) to thicken up the trees to provide more sound buffer, and (c) to close off by a wall and/or landscaping the south end of Begonia Street near Atlantic Blvd. (3) Spoke regarding the proposed membership list for the study group of single member districts, expressed concern that November 27 2006 REGULAR COMMISSION MEETING Pa e 2 Gail Baker should not be on the committee since she works for the City and the City Manager is a liaison for that committee. Pat Pillmore, 995 Camelia Street, spoke on changing the language of the Code. She requested if the City is proposing to make changes to the Code, the City should set a vision and send it to the Planning and Development Board for discussion. Mayor closed 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 indicated there is no follow-up report to present tonight. 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 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 Monthly Financial Reports and Utility Sales Report for October 2006 B. Award the annual contract for Landscape Maintenance for Public Works and Utilities to Leeway in the amount of $53,280 (Bid No. 0607-1) Mayor Wolfson read the Consent Agenda. Committee Reports Action on Resolutions Motion: Approve Consent Agenda as read Moved by Simmons, seconded by Borno. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 5. Committee Reports None 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances November 27, 2006 REGULAR COMMISSION MEETING Page 3 A. Ordinance No. 20-06-82, Public Hearing and Final 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. Mayor Wolfson read the Ordinance by title only and opened the floor to the public hearing. Michael Hoffman, 176 Camelia Street spoke in opposition to Ordinance No. 90-06- 196, specifically regarding the lack of a cost of living adjustment for the pension fund and the $45,000 targeted for public art. Mayor Wolfson closed the public hearing. Motion: Approve Ordinance No. 20-06-82 as read. Moved by Borno, seconded by Waters. Mayor Wolfson addressed Mr. Hoffinan's concern and indicated the $45,000 was left in the budget from the previous budget and if it isn't used this year it will not stay within the budget. He reported there was a request to double the amount to $90,000, which was turned down and there is no tag on where this money will be utilized. He further explained the Commission hasn't decided what it is to be used for. He reiterated if the money is not used this year, it will be moved out, will not be targeted and will not be a line item. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Ordinance No. 90-06-197, Public hearing and first reading to adopt proposed amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large-scale retail development. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01- 172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL GENERAL DISTRICTS, OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Community Development Director Sonya Doerr addressed the issue discussed at the last meeting relating to heavy automotive repair uses, which are currently a permitted November 27 2006 REGULAR COMMISSION MEETING Pa e 4 use-by-exception in the commercial general district. She indicated there are ten (10) heavy automotive repair businesses along Mayport Road within Atlantic Beach, and including Jacksonville, there are probably twenty plus (20+) auto related uses that would continue to be allowed. In efforts to evolve Mayport Road away from auto related uses and toward more retail and service uses she suggested that businesses existing there now could continue to be considered as ause-by-exception, but if ownership changed or if the business became a different type of heavy auto repair, the existing businesses would be subject to approval of a new use-by-exception. Mayor Wolfson opened the floor to the public hearing. No one from the audience spoke and the Mayor closed the public hearing. Motion: Anprove Ordinance No. 90-06-197 as read Moved by Borno, seconded by Fletcher Commissioner Waters requested to have ause-by-exception clause for permitted uses such as pool halls, billiard parlors and theaters added or he cannot support this Ordinance. Ms. Doerr replied pool halls and billiard parlors are uses that typically are not pernitted in commercial general district in most zoning regulations and that is a decision that has to be made whether it is appropriate or not appropriate. Mayor Wolfson asked about multi-screen theatres. Ms. Doerr stated that multi screen theatres have very intense impacts since they have large need for parking, big traffic impacts, and operate late at night. She indicated our commercial districts are very close to residential areas and people generally come to theatres at the same time and leave at the same time which have big impacts. Mr. Hanson explained all of these are items that are in the existing City Code and are not proposed for change tonight. He further explained they are th;ngs that could be changed but to make that change would need a recommendation by the CD Board. Ms. Doerr stated that the new language added to theatres, regional Cineplex, is in the current Ordinance but the multi-screen, exceeding two screens, was an attempt to define what a regional Cineplex is. Commissioner Waters expressed concern that the City would preclude anyone to invest in a theatre in Atlantic Beach that would be profitable, such as a one or two screen, and would limit entertainment for young people. He believed the City could look at four or five screens, rather than the huge Cineplex. Mayor Wolfson clarified what was being addressed is the 60,000 s.f. reduction of the potential large box and use-by-exception for heavy auto repairs and that is has been reviewed by the CD Board and sent back to the Commission with their recommendations. Ms. Doerr indicated the draft before the Commission and the permitted use's language is what was reviewed and recommended. November 27 2006 REGULAR COMMISSION MEETING Pa e 5 Discussion ensued regarding parking. Mayor Wolfson reported the 60,000 s.f. was the major recommendation and also the heavy automotive repair. He questioned if anumber ofuses-by-exception had been recommended for approval and approved by previous commissions for those businesses. Ms. Doerr confirmed. Ms. Doerr indicated there are businesses there that were constructed specifically for these types ofuses and if they sell they would not be able to continue that use. Mayor Wolfson stated nor would they be able to sell their business to stay at that location. Mayor Wolfson asked Doerr if 60,000 s.f. is where the Development Board is comfortable. Ms. Doerr replied that was correct. Mayor Wolfson commented that in some of the material Ms. Doerr provided him, he noticed they set a number and then anything above that would require an impact study. Ms. Doerr said if someone wanted to plan a 65,000-70,000 s.f. they could request a waiver. Commissioner Fletcher agreed with Commissioner Waters that this is a process issue and asked Ms. Doerr and Mr. Jensen if the new language will stop any Big Box development or redevelopment potential for Atlantic Beach. Ms. Doerr and Mr. Jensen agreed it would stop anything larger than 60,000 s.f. unless they went to the Development Board and went through the process of going through a future Commission for an exception. The discussion continued to question whether anon-covered area such as a garden center would be included in this 60,000 s.f. limit. Commissioner Fletcher requested a language change to prevent this from being a loophole in the Ordinance. Commissioner Fletcher as><ed Mr. Jensen about PUDs and whether they would be a problem. It was explained they would not be because establishing a PUD requires approval of the Ordinance. Commissioner Fletcher asked if the approval of Lumber and Building Material as an acceptable type of use would cause a loophole if they are denied. Ms. Doerr stated it would not because if they were denied it would be based on size, not type of store. Mr. Jensen agreed. Commissioner Simmons agreed with concern about the outdoor space and believed it should be included. She also mentioned we are striving for retail businesses with local draw, such as Publix, not regional draw, and wondered whether they had given any consideration to this in numbers of square feet. Ms. Doerr explained that the Queens Harbor and Jacksonville Beach Publix stores are 55,000 s.f., which are prototype stores, and the new stores being built will more than likely be the 55,000 s.f. prototype. She believed it might draw from across the river if it happens to be the closest large grocery store. November 27 2006 REGULAR COMMISSION MEETING Pa e 6 Mr. Hanson suggested new language on page 4, Item D, second paragraph under Large- Scale Retail Establishments, adding the clause "or other enclosed sales areas" to the end of the first sentence. Mr. Jensen said not to include the word "sales" because they will say it is storage. Commissioner Simmons suggested, "any areas enclosed in any manner". Mr. Jensen suggested also adding in parentheses (by wall, fence or any other manner). Commissioner Waters asked Mr. Jensen what re-adopting Chapter 24 referred to. Mr. Jensen stated that the Ordinance passed in 2001 readopted Chapter 24 and this is an amendment to that Ordinance. Motion: Amend as follows: Section (d) page 4 of 6 Large-Scale Retail Establishments shall include those businesses whether in a stand-alone Buildin or in a multi -tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards any areas under roof, o~• other enclosed areas (by wall, fence or any other manner Moved by Fletcher, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Motion: Approve Ordinance 90-06-197 with Amendment Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED C. Ordinance No. 95-06-92, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Motion: To approve Ordinance No 90-06-92 Moved by Fletcher, seconded by Simmons Commissioner Borno believed the use of the term "public protected tree" should be clarified as a tree strictly in aright-of--way. November 27 2006 REGULAR COMMISSION 1VIEETING Pa e 7 Commissioner Waters believed if something is being adopted and State law is being referenced, that part of State law should be shown. He indicated in (d) (2) it states "The city and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of--way and inquired on what restrictions apply to the franchisees and the city regarding the public right-of--way. Public Works Director Rick Carper stated there are provisions that require the utilities to notify and get permission from the City before pruning major limbs or taking any trees out. Mayor Wolfson asked Commissioner Fletcher if he believed increasing the fine from $1 to $5 for clear cutting without a permit is an adequate deterrent. Commissioner Fletcher believed it is not. After discussion, Mayor Wolfson asked for suggestions to reword the amount of the fine. Commissioner Fletcher recommended that the fine be up to $10. Commissioner Simmons suggested $10 up to $25. Staff was directed to look at comparables and make a recommendation. Commissioner Fletcher withdrew his motion and Commissioner Simmons withdrew her second. Motion: To defer Ordinance No. 90-06-92 until December 11 2006 Moved by Fletcher, Seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Proposed Ordinance for Wellhead Protection (City Manager) Public Utilities Director Donna Kaluzniak reported the proposed Ordinance is a requirement in their comprehensive plan. She indicated there will be a 500' buffer around each public well, per State law. She also reported research by JEA and City of Jacksonville has shown that some potential for contamination comes from other faulty wells or deep wells (300-1200 ft deep). She presented a map on the overhead of the City owned wells and stated that there are no known deep private wells in the protected area for potable wells so this will not affect any current well owners. Any new wells will require a permit from the City of Atlantic Beach and the City of Jacksonville and be subject to inspection by the City. If the owners fail to maintain the deep wells properly, the City can require the Owners to maintain them, repair them or abandon them properly. If an owner wants to abandon a deep well, the owner must go through proper abandonment procedures and permitting. Additionally, reports will be requested from hazardous release or spill responders as a monitoring device. November 27 2006 REGULAR COMMISSION MEETING Pa e 8 Cit;~ Manager Reports/Requests City Commissioners City Attorney Commissioner Waters questioned the validity of private citizens paying the cost of a faulty well and believed the language should be struck. He also asked what the current requirement is to put in a deep well. Ms. Kaluzniak stated you need a well perniit from the Building Department. Mayor Wolfson stated that this is anon-action item tonight. Commissioner Simmons recommended that staff move forward with the Wellhead Protection Ordinance and also get together with Commissioner Waters regarding his wording. Commissioner Borno asked staff to provide information on the guidance that required this under our comprehensive plan and whether the State mandates the guidelines. 9. City Manager A. City Manager's Report Mr. Hanson reported the sanitation proposals were accepted and opened last week for the new sanitation contract that will be on either a 5 or 7 year basis and WSI was the lowest and best proposal across the board on almost all the rates. He added the rough increase over the present cost will be $158,000/year and the lowest price proposed was for automated once per week pick-up and the cost to keep two times per week service, with cans, is $19,000 over that price. He indicated he will request authorization to negotiate with lowest proposer, WSI at the next meeting. Mr. Hanson also reported that the first meeting of the District Election Representation Study Committee has been scheduled for Wednesday, DPCember 13, 2006 in Commission Chambers and agenda items will include Sunshine Law and future meeting schedules. He reported minutes will be kept and distributed of all meetings and all meetings are open to the public as well as to elected officials. 10. Reports and/or requests from City Commissioners and City Attorney A. Recommendation for reappointment to the Tree Conservation Board B. Recommendation for a new member of the Tree Conservation Board Commissioner Waters reported the recommendation of the Board Member Review Committee (BMRC) to reappoint Maureen Shaughnessy for an additional term and appoint Robert Gray as a new member. He mentioned Mr. Gray was involved in a clear cutting incident that removed too many trees. Discussion ensued regarding the incident. Commissioner Simmons expressed concern that Mr. Gray could have a possible conflict of interest and felt uneasy about the appointment. Commissioner Fletcher also expressed his reservations to the appointment. November 27 2006 REGULAR COMMISSION MEETING Pa e 9 Motion: Reappoint Maureen Shaughnessy to Tree Conservation Board Moved by Wolfson, Seconded by Waters Commissioner Borno requested that, in the future, term limits be addressed on reappointments, i.e. first, second or final reappointment. It was confirmed that Ms. Shaughnessy is not term limited. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1 -Borno MOTION CARRIED B. Recommendation for a new member of the Tree Conservation Board Commissioner Fletcher inquired what would happen if the Commission does not appoint the member as recommended by the BMRC. It was explained the EMRC would be expected to make another recommendation. Commissioner Simmons noted that there are many talented applicants for other boards and perhaps they would be interested in serving on the Tree Conservation Board. Commissioner Waters reminded the Commission that Ed Raube is currently an applicant but was unable to attend the last BMRC meeting to be interviewed. Motion: To deny appointment of Robert Gray to Tree Conservation Board Moved by Wolfson, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, V~'olfson Nay: 0- MOTION CARRIED City Attorney Jensen Referred to his memorandum, which is attached and made part of this official record as Attachment A, and reported that the State has taken action on eminent domain prohibiting transfer of private property acquired through eminent domain to another private entity and there is no longer a need for the Commission to be involved in this issue. Commissioner Borno - Requested that commission members follow the Charter's Rules of Conduct and Proceedings. Commissioner Simmons November 27 2006 REGULAR COMMISSION MEETING Pa e 10 y- Reported that the trees on First Street that were mitigated when parking was put in are almost all dead. Commissioner Fletcher Asked the Commission to begin thinking about the Moody project across the waterway and possibly exercise our right to comment under State law on neighboring properties. Noted the City has recently undertaken the action to buy the Buckman, have already purchased Dutton, and went through quite a bit on Johnson Island to make that area residential in character. He proposed to direct staff to come up with a resolution that City of Atlantic Beach support City of Jacksonville in recommending land use changes and PUD restrictions, in particular, on the Moody property that are consistent with City of Atlantic Beach's comp plan, height restrictions, marsh preservation, residential nature, and public access to Federal waterways. Ms. Doerr presented a comprehensive map amendment that has been submitted to the City of Jacksonville. She indicated the process by which we can review and comment is established in State law. Ms. Doerr explained the Transmittal Meeting is scheduled for December 12, whereby all agencies will have the opportunity to comment through a written request, and an ORC (Objections, Recommendations and Comments) report will be prepared. The consensus of the Commission was to direct staff to request the response package, review it, and bring it to the Commission to respond or take action accordingly. Ms. Doerr stated that related to the ORC report, the comments and recommendations will not be submitted back to Jacksonville until February or Marc? 2007. The City of Jacksonville can then respond to comments or adopt. Further discussion ensued and was decided to take a proactive approach on the issue. Commissioner Waters requested a workshop to address the Moody property as new information is received. Mayor Wolfson asked Ms. Doerr to keep the Commission informed and, if necessary, schedule a workshop. Commissioner Borno - Asked the City Manager if action or direction is needed regarding the Sanitation bids. City Manager indicated he will prepare a report and ask for authorization to negotiate with the lowest proposer at the next meeting. Mayor Wolfson - Announced the Tree Lighting Ceremony will be held this Saturday, December 2, 2006, with Santa's arrival at 6:00 p.m. November 27, 2006 REGULAR COMMISSION MEETING Page 11 - Announced next Commission Meeting will be held on December 11, 2006. - Announced the City Employee Party is on December 15, 2006. - Announced the N.E. Florida League of Cities Christmas Party is on December 7, 2006 at Timuquana. - Reported there was a City Commission Workshop today to discuss Public Safety Building. - Reported that since the last Commission meeting, the Marsh Fest 2006 was held and hopefully the City can look forward to negotiations on the purchase of the property. He reported that the family members present were very touched and very impressed by the event and it went a long way on convincing them of the merits of negotiating with the City in a positive fashion. He believed that if the City does get the money from the State, we can have a meeting of the minds and bring the acquisition to reality. He expressed his appreciation to those who were there for their involvement and to the staff for their help and support. Commissioner Waters - Expressed his disapproval of being required to maintain a City palm tree but not being able to put a political sign in the same area of his yard. - Invited everyone to attend the N.E. Florida League of Cities meeting on Thursday, December 7, 2006 as he is being installed as President. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:34 pm. ~'1 ~ ~. Donald M. Wolfson, Mayor/Pre ' ing Officer ATTEST: Donna L. Bussey, CMC City Clerk ATTACHMENT A November 27, 2006 To: City Commission From: ,Alan C. Jensen, City Attorne Date: Nov. 27, 2006 Re: EMINENT DOMAIN ?: Attached is a copy of H.B No. 1567 which addresses the use of eminent domain by municipalities, and which became law in the State of Florida on May 11, 2006. Additions to the law are in bold and deletions are s~il~'~'. In summary, this new law prohibits the transfer of private property acquired through eminent domain to another private entity with certain exceptions, including for use by common carriers, public transportation, public utilities, or where the private use is incidental to a public project. The new law prohibits the use of eminent domain to eliminate blight conditions or to generate additional tax revenue. The law authorizes the use of eminent domain under the Community Redevelopment Act if it is necessary to remove a threat to the public health or safety. I believe this new state law eliminates the necessity for the City to take any action in regard to eminent domain. I will be happy to discuss the new law with you further either individually or at a future meeting. Cc: Jim Hanson (w/encl.) ~~~z~/o6 C°o,~r, m~ss.o,.1 ~ ~« ~~ i~ m.~- C a;~.: . ',: f`.: F Y" 1, A _' MEMORANDUM