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07-23-07MINUTES REGULAR CITY COMMISSION MEETING July 23, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher City Manager Jim Hanson Commissioner Sylvia N. Simmons City Clerk Donna Bussey ABSENT: Mayor Pro Tem J. Dezmond Waters III 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 July 9, 2007. City Attorney Jensen requested a change on page 13 under the discussion about American Public Dialog. It reads, Mr. Jensen stated we couldn't subpoena if there "was" a lawsuit, but should read, if there "was not" a lawsuit. Motion: Approve the minutes of the Regular Commission Meeting on July 9, 2007, as corrected. Moved by Borno, seconded by Simmons. Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Wolfson opened the Courtesy of the Floor to Visitors. Steven Kuti, 1132 Linkside Drive, thanked Donna Kaluzniak for fixing the bottom of the fence between his property and the No. 1 Water Plant. He also was in favor of the mosquito control item on the consent agenda and approval of Ordinance No. 33-07-12 by the Commission. Michael Hoffmann, 176 Camelia Street, pointed out an article in the Times Union regarding the Sunshine Law which states a third party involvement is prohibited, meaning two elected officials cannot communicate through a third party. He also stated he has noticed a difference in the way the minutes of Commission meetings are being taken now rather than the way they were taken previously and questioned whether that was the result of a management decision, stating he believes they are not very helpful July 23.2007 REGULAR COMMISSION MEETING Page 2 regarding citizen remarks. He spoke of class warfaze specifically as it regards his concerns about landscaping at the south end of Marsh Oaks. Mayor Wolfson asked the City Clerk if anyone has instructed her to change the way the minutes are being reported. City Clerk Bussey stated no. Mayor Wolfson requested Mr. Hanson report on what it would take to address Mr. Hoffinann's concerns about the plantings in that area. Mr. Hanson stated no Commissioner has ever asked him to get plantings done in that area and stated, although Mr. Hoffmann has raised the issue of wanting extra plantings put in the woods for several yeazs. Mr. Hanson stated when he has been asked about this from the Commissioners he has pointed out that he believes it is a rather foolish idea because the City uses their money for street-side trees, not to plant trees in the middle of the woods, which is what Mr. Hoffmann has been advocating for a long time. Mr. Hanson also stated the issue of what to do with that property is still up in the air and putting a police officer's house there has been discussed, to aid in watching over Tideviews Park. Mr. Hanson stated he still believes this is needed because we still have problems out there fairly regularly and he believes planting trees in the middle of the woods that would have to be taken down to put in a house would be a very foolish step. He stated he had communicated this to Mr. Hoffmann some time ago but Mr. Hoffmann just doesn't like the answer. Mr. Hoffmann argued that Mr. Hanson has not addressed this honestly or fairly. Mayor Wolfson asked that Mr. Hoffmann call him to discuss this. Don Remley,1309 Violet Street, commended Acoustic Night and asked if the City has ever given Mike Shackelford any recognition for organizing that. Mayor Wolfson stated Mr. Shackelford is paid for doing that. 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 A. City Manager's Follow-up Report. Meeting None. 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 for June 2007 and Building Department Report for May 2007. B. Extend the annual contract for Mosquito Control for one year with Bluewater Environmental of Florida, Inc at the current cost, which is estimated at $11,000. C. Extend the annual contract for Sanitary Sewer Cleaning and Televising in amounts greater than 5,000 linear feet (Bid No. 0506-13) with Reynolds Inliner for an additional year at the current prices. July 23.2007 REGULAR COMMISSION MEETING Page 3 Motion: Aaurove Consent Agenda as read. Moved by Simmons, seconded by Borno Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-07-86, 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. Mayor Wolfson opened the floor to the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Motion: Aanrove Ordinance No. 20-07-86 as written. Moved by Fletcher, seconded by Simmons Borno stated this reflects a $15,000 expense to allow the City to go into Royal Palms and remove one of the gas tanks as an experiment so we can pursue future endeavors on removal. Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 - MOTION CARRIED B. Ordinance No. 65-07-35, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A CERTAIN PORTION OF CORNELL LANE, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. July 23.2007 REGULAR COMMISSION MEETING Page 4 Motion: A~arove Ordinance No. 65-07-35 as read. Moved by Borno, seconded by Simmons Commissioner Borno stated this a good action because the neighbors that would receive the deeds are going to deed this over to Beaches Habitat, allowing another house to be constructed in that area for additional families to have housing. He expressed his appreciation to Public Works and everyone who has worked on this. Commissioner Fletcher asked if there was a possibility for a small pocket park in addition to building a house. Mr. Carper stated it does include a small 1500 s.f. park. He presented a slide of the pocket park proposed and the new and existing duplexes on the north end of Scheidel Park. Mayor Wolfson asked if the park would be maintained by the City. Mr. Carper stated it will be maintained by the Scheidel Court Homeowners Association. Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 - MOTION CARRIED C. Ordinance No. 33-07-12, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 5 OF THE CITY CHARTER TO PROVIDE FOR ELECTION OF FOUR (4) OF THE CITY COMMISSIONERS FROM DISTRICTS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Motion: Aaarove Ordinance No. 33-07-12 as read. Moved by Simmons, seconded by Borno Commissioner Borno stated although he has researched this and talked to some of the members of the District Representation Study Committee, he is thoroughly confused and feels there are too many innuendos in it. Commissioner Fletcher stated he is uncomfortable with some of the language regarding the Charter Election Ballot and suggested changing the wording to read, "the four districts shall be established by ordinance", striking "shall be created using precinct lines". Mr. Jensen stated although his recommendation may make this clearer, this is the recommendation from the committee. Mr. Jensen stated changing the wording would be up to the Commission. Commissioner Simmons expressed that the districts will have to be created to be as equal as possible in terms of numbers of voters and that may change when they take a look at the districts. She stated for now, and the reason the recommendation states, as a starting point, is we do have four precincts that have been created to be as equal as possible and we are putting that on the ballot now so this would get it started with July 23.2007 REGOLAR COMMISSION MEETING Page 5 existing precincts, but would be open to changing those lines if it is determined those are not representative districts. Mayor Wolfson asked Mr. Jensen if it would be clearer if there was wording indicating the districts are based upon current and future census reports, wherein the districts would fluctuate as the population fluctuates. Mr. Jensen stated that is the reason to establish this as an Ordinance because the Commission can always change an Ordinance. Commissioner Fletcher stated when he reads the recommendation, the phrase "as a beginning point" might deter voting for districts. He believes the ballot language is critical and reiterated he believes it is clearer to simply state districts shall be established by Ordinance. Mayor Wolfson agreed with striking the wording. Mr. Jensen stated his concern would be that striking the wording would mean that when the Ordinance is created the Commission can do whatever they want to as far as setting up the four districts, with no basis or starting point to begin with. Commissioner Simmons pointed out that when she saw the numbers in the report, she realized there is an absence forever in Precinct S and low representation in Precincts F and H. She stated everybody's opinion of Precinct S is that nobody over there votes. She stated during the presidential election, however, six times as many people in Precinct S voted as voted on average for the last four Atlantic Beach elections, which says to her there is a great disenfranchisement of the people in Precinct S when it comes to local elections. She also stated she found districts were more likely to be recommended when there is some sort of natural barrier or boundary and she believes Mayport Road furnishes that. She stated since Precinct S is split in half by Mayport Road, we might still have somebody from Precinct S who doesn't live on the west side, but this is at least an attempt to get representation into parts of the community where we do not have representation. Mayor Wolfson thanked the Commission for keeping an open mind. He stated this takes a lot of courage for this Commission, but this Commission is not making the decision for the City, the citizens are the ones who will make the decision. Mayor Wolfson stated this was a unanimous recommendation by the District Representation Study Committee and his vote tonight is a vote to let the citizens tell us what they want. Mayor Wolfson quoting Thomas Jefferson stated "the will of the people is the only legitimate foundation of any government and to protect this free expression should be our first object." Mayor Wolfson stated if this is approved tonight and at second reading, the citizens will have the opportunity to express themselves freely and will guide the future Commissions where to go. Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 - MOTION CARRIED D. Ordinance No. 90-07-201, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, SAID July 23, 2007 REGULAR COMMISSION MEETING Page 6 ORDINANCE RE-ADOPTING CHAPTER 24 OF THE CITY CODE, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-85(c), NONCONFORMING STRUCTURES, AND ALSO CREATING NEW SECTION 24-87 TO BE CONTAINED WITHIN THE LAND DEVELOPMENT REGULATIONS, BEING CHAPTER 24 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. Motion: Anurove Ordinance No. 90-07-201 as read. Moved by Simmons, seconded by Bomo Mr. Hanson stated there is a correction to the Ordinance that was distributed with the agenda. He distributed a replacement copy (which is attached and made part of this official record as Attachment A) to the Commission, which included the correction. Ms. Doerr explained the correction was in the Exhibit A that was attached to the Ordinance, not in the Ordinance itself. Commissioner Fletcher asked Ms. Doerr if Exhibit A, Sec. 24-85 Nonconforming Structures, Item 2, is regazdless of setbacks. Ms. Doerr stated yes that is in our regulations. Commissioner Fletcher questioned Ms. Doerr with the existing Ordinance does that mean a building declared unsafe after a hurricane may be restored to a safe condition even if it violates building setbacks. Ms. Doerr stated that would be going beyond restoring something to a safe condition. Commissioner Simmons suggested, since the Commission is not making a decision on 24-85, 1-5, because it is an existing Code, if any of the Commissioners have questions about existing codes they could bring that up with staff. Commissioner Fletcher asked Ms. Doerr, in Item 6, if it is basically reducing the side yard setbacks to 5 feet on non-conforming properties only under the stated specific conditions. Ms. Doerr stated that was correct. Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business None City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported on the estimate from JEA for underground power on Atlantic Blvd. He also reported the budget workshop schedule has been established. Mr. July 23, 2007 REGULAR COMMISSION MEETING Pace 7 Hanson announced the Jacksonville Planning Department has sent a proposed ordinance for the Mayport Road regulations, which is substantially the same as Atlantic Beach's regulations. Mr. Hanson distributed a copy of Ms. Doerr's summary of the Ordinance outlining the few minor differences in it and stated he has the entire copy and if anyone would like to see it he can email it to them. He believes we would like to encourage Jacksonville to move ahead with the adoption, since it takes them longer to get approval from their council, and believes this is a good move in a long effort to clean up Mayport Road. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Simmons Encouraged the Commissioners to look at the PUD for Selva Marina and have some discussions with staff if they have issues, before it is brought before the Commission. Mayor Wolfson clarified the recommendations of the Community Development Boazd will be coming before the Commission at the next meeting. Commissioner Fletcher • Regarding the Comfort Inn sign, he stated the Commission apparently did not have all the facts and asked if it could be revisited. Mr. Jensen stated it could only be brought back for reconsideration at the same or next meeting and it is too late now. • Stated a developer has submitted plans for a hotel next to Al's Pizza. He asked what the next procedure would be for the hotel plans next to Al's Pizza. Mayor Wolfson stated staff would get the documents, take it to the Development Boazd, who will raise questions, address the issues and make a recommendation, then it comes before the Commission for review. Mayor Wolfson asked whether this was a request for a variance. Ms. Doerr stated it was a zoning change. Mayor Wolfson • Referring to the letter from JEA to Mr. Carper regazding underground utilities, he stated a lot has happened financially. He supports taking this to the Budget Workshops to see if it is fmancially practical to do this. • Asked Mr. Jensen if there was further follow-up regarding putting the polling company on notice. Mr. Jensen stated he spoke with Mr. Hanson and needs to speak with Commissioner Borno again, then he will draft a letter for Mr. Hanson's review. Mayor Wolfson reiterated this letter will be for clarification so that company understands full well, now and in the future, that this is the second strike and the next time it will be a significant issue. • Spoke with Paul Parsons regazding the meeting with the Jacksonville Port Authority (JPA) and Mr. Parsons asked if the City would consider using a token amount ($5-lOK) of our bed tax for the Mayport Ferry. Mr. Hanson stated he has not finished reseazching this but believes it is not an allowable expenditure under State rules for bed tax money. He stated other funds could be used, but the bed tax is very limited. Mayor Wolfson stated he told Mr. Parsons and Mr. Hanson it is his intention to approach the Governor and FDOT before he leaves office. He stated he has written a letter to the Governor who said he would consider our position but decided not to help out. Mayor July 23, 2007 REGULAR COMMISSION MEETING Page 8 Wolfson stated the Governor and staff do not realize once there is an abandonment of that the reversion clause kicks in and there will never be a chance to re-establish the ferry. Also, a lot has happened regarding our property tax rollback along with the possibility of a property tax referendum, of which we don't know what the outcome will be. The Mayor stated since the Governor has put it on the basis that the cities have got to cut back and be more fiscally responsible, the State needs to step up and assume their responsibilities they have abandoned. Mayor Wolfson stated he plans on pursuing this further with the Governor and his staff. Commissioner Borno asked if the bed tax money was to be used for advertising on the ferry or just to fund the ferry. Mayor Wolfson stated the question was, would we consider looking into making a token contribution and Mr. Parsons thought there was a possibility that the bed tax could be utilized for such a purpose. Mayor Wolfson stated the three beaches certainly have an interest in the ferry, but his concern with the funding cutback it would be no more than a token financial support and he is hopeful the Port Authority will not relinquish their position they have said informally they would take. Commissioner Simmons stated she was told by the CEO of JPA that Mayor Peyton wanted this and it was going to happen and believes it is a little more political than anything else at this point, but it really does look like there is support there for the ferry and they are looking at multiple ways of funding the ferry. She stated part of the deal is that the Port Authority will get some things out of the deal, it won't just be something they are giving and not receiving. Shared a letter from Mayor Peyton he received regarding the Moody Marine site and stated they will discuss it at the next meeting. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:08 pm. c~J 1 ~ . Donald M. Wolfson, Mayor/Presid g Officer ATTEST: ~b~«y., Donna L. Bussey, CMC City Clerk EXHIBIT A (to ordinance 90-07-201) ATTACHMENT A Sec. 24-85. (c) Nonconforming Structures. (1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this Section and other applicable provisions of this Chapter, including Building Setbacks, or unless a Variance has been obtained from the Community Development Board, in accordance with the requirements of Section 24-64 of this Chapter. (2) Any Nonconforming Structure, or portion thereof, that is declared unsafe may be restored to a safe condition. Building Permits shall be required. (3) A Nonconforming Structure may be maintained, and repairs and alterations may be made subject to the provisions of this Section. Building Permits shall be required. (4) No additional Structure not conforming to the requirements of this Chapter shall be constructed in connection with the Nonconforming Use of Land. (5) Any existing Nonconforming Structure that is encroaching into public Right-of--way shall not be rebuilt, enlarged, or structurally altered unless such encroachment is removed. (6) Residential Structures which were lawfully existing, but Nonconforming with respect to required Building Setbacks may be reconstructed within the previously existing footprint, provided that where any exterior side wall is reconstructed, a minimum five (5) foot side yard Setback shall be required. This provision shall apply only to reconstruction following damage that has occurred from an unintended act, including fire and weather related events, and not from an intentional act of the property owner or occupant, in which case the required Building Setbacks of the particular Zoning District shall be required. (Sec. 24-86. is not changed by this Ordinance.) Sec. 24-87. Replacement of Lawfully Existing Residential Uses including those damaged or destroyed by fire, weather related or other unintended acts. The following provisions clarify when a residential Use, which may be a Nonconforming Use, can be replaced following an event which results in the loss of a Dwelling or substantial damage to a Dwelling such that replacement is desired by the property owner. These provisions shall apply only to damage occurring from an unintended act, including fire and weather related events and not from an intentional act of the property owner or occupant. (a) Single-family Dwellings. Any lawfully existing single-family residential Use, which has been constructed pursuant to properly issued Building Permits, shall be deemed a Vested Use such that the residential Use may be replaceable. (b) Two-Family Dwellings. Any lawfully existing Two-family (Duplex) Dwelling or Townhouse may be replaced in accordance with the provisions of preceding Section 24-86. (c) Multi-family Dwellings. Any lawfully existing Multi-family residential Use, which has been constructed pursuant to Building Permits properly issued prior to the December 13, 1990 effective date of Ordinance 95-90-48 adopting the original Comprehensive Plan for the City of Atlantic Beach, shall be deemed a Vested Use such that the Multi-family Dwellings may be replaceable. In no case shall the number of residential units be increased except in compliance with the applicable Density limitation of the Comprehensive Plan, as may be amended. Page 2 of 2 Ordinance 90-07-201