Loading...
5-9-11- Final (revised at 6-13-11 mtg.) MINUTES REGULAR CITY COMMISSION MEETING May 9,2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order /Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of April 25, 2011. Motion: Approve the minutes of the Regular Commission Meeting of April 25, 2011, as written. Moved by Daugherty, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Proclamation — National Public Works Week Mayor Borno read and presented Public Works Director Rick Carper with a Proclamation proclaiming May 15 — May 21, 2011 as National Public Works Week. Mr. Carper thanked the Mayor. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. He further explained for anyone wanting to speak regarding Item 8A he will hold their blue sheets until we get to that item. Richard Johnson, Jr., 857 Bonita Road, complained about a vacant house next to property he owns on Ardella Road. He stated the house has been broken into, the windows are busted out, graffiti has been written on the walls and it should be boarded up or condemned because it is a nuisance. He stated he has reported to the police several times that young girls have been in that house with boys, stating there is a lot going on in that house and whether it is drugs or sex, you never know. He asked that the Commission do something about it. Mayor Borno stated he will have the City Manager and Code Enforcement look into it and they will get back to him. Bruce Andrews, 328 11 Street, addressed the Commission regarding the proposed disc golf course in Johansen Park, stating he does not believe this is a good idea in a passive park, which is to be used for reflective activities. May 9, 2011 REGULAR COMMISSION MEETING Page 2 Jay Downes, 1632 Park Terrace West, thanked the Commission stating he appreciates their hard work. He stated he is against the proposed Frisbee golf in Johansen Park and will do everything in his power to ensure this does not happen. He adamantly stated that is not the type of park for this activity. Nancy Stone and son Noah, 1620 Park Terrace West, addressed the Frisbee golf in Johansen Park. Noah explained a petition initiated by their neighbor against the Frisbee golf course, which was started this morning and now has 60 signatures. He stated the petition's goal is, instead of a Frisbee golf course, to add a hose /shower at the 15 Street beach access and a volleyball net on the beach. Ms. Stone further explained this was a proposal by the teenagers of Atlantic Beach. Mayor Borno asked that they present the petition to the City Clerk for the record. Tom Steele, 1626 Park Terrace West, stated he is an avid Frisbee golf player but stated Johansen Park is not a good layout for Frisbee golf. He stated it is a limited 12 acre space that would not allow the game to flow to its potential. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Item 8B was taken out of sequence and acted on at this time. 8B. Approval of location of Fleet Landing sign (deferred from previous meeting). John Ashby, 1 Fleet Landing Blvd. and Bill Deem, 2341 Fiddlers Lane, requested deferral to May 23, 2011 so the Commission would have more time, since there was such a crowd here tonight. Motion: Approve Deferral to May 23, 2011. Moved by Fletcher, Seconded by Parsons Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED 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 May 9, 2011 REGULAR COMMISSION MEETING Page 3 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Report of New Business Taxes for April 2011. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Woods, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods 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 None. Mayor Borno recognized former Mayors Wolfson and Fletcher and former Commissioner Rosenbloom, who were in the audience. Miscellaneous 8. Miscellaneous Business Business A. Public Hearing- Appeal of Community Development Board Order denying ZVAR - 2011 -01, request for a variance from Section 24- 107(e)(2) to reduce the required twenty (20) foot rear yard setback to allow for the future construction of a residential structure on a nonconforming lot of record of substandard size located on the west side of the right -of -way at 1725 Beach Avenue. Mayor Borno explained this is a quasi-judicial hearing and read the procedures for such a hearing. A court reporter was present. Principal Planner Erika Hall explained this was an appeal of the decision of the Community Development Board regarding ZVAR- 2011 -01, a request for a variance from Section 24- 107(e)(2) to reduce the required twenty (20) foot rear yard setback to allow for the future construction of a residential structure on a nonconforming lot of record of substandard size located on the west side of the right -of -way at 1725 Beach Avenue and summarized the issue before the Commission. Mayor Borno asked if there were any witnesses for staff or applicant. No witnesses were present. May 9, 2011 REGULAR COMMISSION MEETING Page 4 Ms. Hall further presented the history of the property, the background of this appeal and summarized her staff report. She expounded on the procedural due process, application of the correct law and substantial competent evidence. Christopher White, 4230 Pablo Professional Court, #200, Jacksonville, (representing Don and Karen Wolfson) , opened by stating their position was, if they have to go that route, that a court would back them up, but they hope they don't have to. He stated that is time and expense for everybody and they consider it unnecessary. He further stated they take the position that there was not competent substantial evidence presented to the Board on which they rendered their denial of the variance. He stated they did not apply the law correctly or provide sufficient due process for the Wolfsons. He gave a chronological history of other properties in the surrounding area that had been granted variances. He further pointed out that the Commission could only look at the record. He stated staff recommended approval in February and March and for whatever reason the Board decided to ignore their recommendation. He stated one thing the Board made a big deal out of was Mr. Wolfson's previous positions. He stated Mr. Wolfson didn't want to do in the past, what he is asking for today. He stated, so what, there is no Commissioner who can look him in the eye and say that they have not changed their mind on a certain issue; you are allowed to, everybody is. He stated all that is is noise; ignore the noise. He further stated they don't want to go any farther than tonight and if they do, they do, but that is not a threat. He stated they can avoid that by keeping the policy consistent that Atlantic Beach has implemented since 1987 and they need to reject the denial of the Board. Mayor Borno opened the Public Hearing. Bob Parrish, 1731 Beach Avenue, addressed the Commission in favor of the appeal, stating he has a lot that is 50 x 90 and if they deny this appeal a lawsuit ensues and he will be forced to intervene in that suit as will his neighbors, Edward Lane who is an attorney and Rob Clements who is represented by one of the finest land use attorneys in the City, T.R. Hainline. Judy Beaubouef, 1209 Beach Avenue, stated there will be howls of protest if the Commission does not grant this variance, when the City has to pay the Wolfsons' attorney's fees, the City of Atlantic Beach's attorney's fees and damages to the Wolfsons at a time when we have scarce resources. She further stated Commissioner Fletcher left an important meeting to attend the Community Development Board meeting which had one agenda item, the Wolfson variance. She stated Commissioner Fletcher addressed the Board on the record and it was very clear from his comments that he opposed this variance. She stated he now sits in a quasi-judicial role as the judge on the record that he is part of even though Mr. Jensen advised Mr. Fletcher he had every right to do that legally. She stated she believes this is a perversion of due process and she expects more from her Commissioners and does not believe it is fair to the applicant or the City. Lyman Fletcher, 804 East Coast Drive, spoke in favor of the variance, comparing it to a variance that was granted in 1993. May 9, 2011 REGULAR COMMISSION MEETING Page 5 T.R. Hainline, 1301 Riverplace Blvd., representing Rob Clements, a neighbor of Mr. Wolfson at 1739 Beach Avenue, spoke in support of the variance. He referenced the findings in the Community Development Board's order, stating they are very concerned about the precedent that is set. He asked the Commission to follow the staff's recommendation made to the Community Development Board and approve the Wolfson's variance. Donnie Wanstall, 1723 Ocean Grove Drive, spoke against the variance, stating the Community Development Board followed the Codes and Ordinances in making their determination for denial. He gave a chronological timeline of the events leading up to the variance request. Steve Rosenbloom, 1417 Beach Avenue, spoke against the variance request, asking what they are actually voting on tonight. He asked if they are voting on giving Mr. Wolfson a waiver or is everybody on Beach Avenue who has a non - complying lot going to get a waiver. He asked, if that is the case, what does that do to the character of Beach Avenue that Mr. Wolfson protected so often while on the Community Development Board and as the Mayor of the City. He further stated these substandard lots are all taxed at about $700- 800 /front foot but if you have a complying lot on Beach Avenue it is taxed at $5,000 /front foot and believes, since now they want to change, it is economically unfair to those who have paid the taxes on those complying lots all these years. He asked, as they start giving these variances, where does it end? Steve Milo, 417 Ocean Blvd., stated we have a Community Development Board for a reason and they have been researching this subject carefully. He asked that the Commission continue to support them. Barbara James, 1727 Ocean Grove Drive, referred to intangible taking of property and asked that the Commission honor the 5 -2 decision of the Community Development Board against the variance. Mary Ann Dyal, 1765 Seminole Road, asked the Commission to use common sense and look at the size of that lot and know that it is not suitable for a house to be built on and further crowd Beach Avenue, which already is extremely congested. Bob Castro, 412 Ocean Blvd., stated he believes the congestion on Beach Avenue is sufficient. He stated those lots were never designed to be built on; they were carriage /parking lots. He stated he believes we are going in the wrong direction and the individual involved, because of his background and being a former Mayor, is going to push it and he doesn't like the idea of being pushed around. He stated he believes Mr. Wolfson should respect the rights of other people in the area. Lindley Tolbert, 465 Beach Avenue, implored the Commission to uphold the laws and regulations for the land and zoning codes for Atlantic Beach and not get bullied by the threats of lawsuits because there is no dollar amount they can put on the character or our neighborhood and the preservation of it. No one else from the audience spoke, so Mayor Borno closed the Public Hearing. May 9, 2011 REGULAR COMMISSION MEETING Page 6 Erika Hall gave her rebuttal evidence, addressing each point that was made. She explained the payment for water and sewer lines was for linear lines and everybody has to pay that whether you tap into it or not, stating it is not for development of the lot. She also gave the background of the lot at 1734 Beach Avenue. She explained she did not write the original staff report, stating this has been a multiple person effort because it has taken a lot of research. She stated if she was writing the staff report now, given what she knows today, she would not support the appeal due to the lack of documentation of the claims made as well as the zoning ordinance that was put into effect on January 1, 1987. She further stated it was Mr. Wolfson as well as Board members who requested that history be brought back to them on the past variances and asked for legal counsel to be present at the March meeting. She stated Mr. Jensen was present at that meeting and the information provided to the Board in their packets was a verbatim transcription of the minutes of all variances that had been before the Board for the years 1987 -1993 and was amended to include any others that occurred between 1993 and 2011. Chris White, attorney for the applicant, thanked Ms. Hall and her staff stating they have been extremely helpful in providing documentation. He stated when Ms. Hall said, if I knew then what I knew today I would not support it, he believes she was referencing if she knew there was no expressed specific written agreement between Jacksonville and Atlantic Beach about the 10 foot setbacks. He stated she was aware of it because, in the minutes, Ms. Hall stated on one or two occasions that they looked and there was no agreement. He stated she listed what there was (memoranda and prior variances), but she specifically states in the record that she knew there was no specific agreement. He stated she knew it when she made the first recommendation and when she made the second recommendation and now she is saying that she didn't know there was no specific agreement. He stated he takes issue with her stating at this point that she now knows something that she didn't know then and there is no basis for her to change her decision on recommending or not recommending the Wolfson variance. He also addressed Commissioner Fletcher attending the Board meeting, which he believes was improper. He stated the Commission is only allowed to look at the record on this variance. He further stated the past variances granted by Atlantic Beach set a precedent and the Pennington property was not an accessory structure. He stated what Ms. Hall was referencing dealt with duplexes in the old Atlantic Beach area and every permit he has seen since 1994 on that property calls it a single- family dwelling, not an accessory structure. He stated he believes her reliance on that Code provision to make that decision was incorrect, but because of the prior decisions of the Atlantic Beach Commission on those previous variances, they have established a precedent which should be followed on Mr. Wolfson's variance. Mr. White presented his final argument, asking the Commission to take a look at the record. He stated there is no basis for the four generalized findings but there is everything in the record to support the recommendation of staff. He stated the Board did not rely upon competent substantial evidence and did not apply Florida law correctly. He stated the only action that this Commission should take is to reverse the Board's decision and grant the variance. Ms. Hall presented her final argument, stating Mr. White claimed that she already knew that a document did not exist. She stated what was said was that she was unable May 9, 2011 REGULAR COMMISSION MEETING Page 7 to find such a document at that time and at the March 15 meeting one of the Board members asked Mr. Jensen if there was such an agreement. She stated Mr. Jensen replied there was no document; she was not the person who put that forth. She stated, however, if this variance came before her today, not having that document, she would say that those claims were to be ignored. She stated if you don't have the evidence supporting your claim you cannot use it. She further stated she has the plans for 1734 Beach Avenue and it is a carriage house with a kitchenette. She stated it was permitted by the City of Jacksonville, annexed into the City of Atlantic Beach, grandfathered in and, therefore, they were allowed to rebuild. She stated just because they were allowed to rebuild, someone should not be allowed to build to those same setbacks when they have never even had a structure on their property. Mayor Borno asked the Commission if they wanted to request the applicant to respond to the final staff recommendations. Commissioner Woods stated, yes, if he had a response, he should be allowed. Mr. White responded, this appeal can only look at the record. He stated whatever their recommendation is today is not part of the record. He stated they aren't allowed to present additional evidence and if you take into account their recommendation today you are taking into account additional evidence, which would be a denial of due process. Mayor Borno asked the Commission to declare ex parte communications. Mayor Borno declared his ex parte emails, phone calls and other communications, which are attached and made part of this Official Record as Attachment A. Commissioner Daugherty stated in addition to the above emails and letters he was also contacted by Donnie Wanstall (opposed), Jim Smith (opposed), Bill Gulliford (opposed). He stated he also met with Don Wolfson at his property and looked at the lot and the other two properties where the prior variances were. He stated he also met with Lynne Roskein (opposed). Commissioner Parsons stated in addition to the same emails and letters he spoke with Ann Humphries (opposed), Mr. Rosenbloom (opposed), the Hines (opposed), the Fishers (opposed), the Boltons (opposed) and Goodling (opposed). Commissioner Fletcher declared, in addition to the above, those he also spoke with, which is attached and made part of this Official Record as Attachment B. Commissioner Woods stated in addition to the above she also spoke with Mr. and Mrs. Lyman Fletcher. Mayor Borno asked that all of the emails and letters be given to the City Clerk to be included as a matter of record. Commissioner Parsons stated he also received correspondence from Lenny Margol (in favor). May 9, 2011 REGULAR COMMISSION MEETING Page 8 Motion: Approve the decision of the Community Development Board denying ZVAR- 2011 -01, finding that no error was made in procedural due process or application of law, and that the decision is sufficiently supported by substantial competent evidence. Moved by Parsons, Seconded by Borno. Commissioner Daugherty asked Erika Hall about the Hawkes variance. Mayor Borno cautioned him that he must stick with the three questions, whether procedural due process was afforded, whether the administrative body applied the correct law and whether the findings were supported by substantial competent evidence, not on the exchanges that took place tonight. Commissioner Daugherty asked several questions regarding due law as related to prior variances given, which Ms. Hall answered. Commissioner Fletcher asked Ms. Hall how many times the Land Development Regulations have been rewritten since 1987. Ms. Hall stated there have been two major rewrites, but there have been 113 revisions since the annexation. Commissioner Fletcher asked if there was evidence in the record of a setback variance granted under the current Land Development Regulations. Ms. Hall stated the only variance given on Beach Avenue for a substandard lot was for a single story garage to be set back 5 feet from the rear property line, but with revisions to the Code last March a variance is no longer required for that. Commissioner Parsons stated he attended the second meeting of the Community Development Board and there was plenty of due process, they followed the law and did everything correctly. He stated he believes the Board voted the way they should have. Commissioner Fletcher responded to Mr. White's comment about the Hawkes' variance and asked City Attorney Jensen how this variance is different from the Hawkes' variance. Mr. Jensen explained there are two very key differences, first, when the Hawkes requested their variance you had to get a variance to build anything on a nonconforming lot of record. He stated, secondly, we have had a substantial rewrite and changes to our Ordinances since 1993 when that variance was approved by the Commission. He stated there was some type of informal agreement when the property was annexed that they could develop with that 10 foot setback which was previously allowed by the City of Jacksonville and a couple of properties came under that, of which Mr. Hawkes' property was one, . He stated since that time, those two substantial changes make a big difference and at the meeting of March 15 when he was asked that question, he advised the Board that if they followed our current Ordinance Code, whether the request was approved or denied, either would be defensible. Commissioner Woods read excerpts from the staff report stating she believes there is a conflict with the Ordinance. She stated she believes, if this is not corrected, we will continue to have this disagreement in the community over these lots because, as the City Attorney stated, there was an agreement and variances were given because of that agreement and things were promised. She stated she is not sure there is an arbitrary expiration date on promises. She believes the record shows the people at Seminole Beach had the right to expect that their properties would have the same value and use after annexation as before. She stated the City memo said that they would honor all permissible activity and Jacksonville's Building and Zoning Department said that May 9, 2011 REGULAR COMMISSION MEETING Page 9 single family dwellings were permissible, yet the Ordinance didn't allow for that. She stated she believes we have an inherent conflict that we are never going to get over until this gets resolved permanently in our Codes. Mayor Borno stated he understands her concerns and comments. He stated determining whether the procedural due process was provided, the administrative body provided the correct law and whether the findings were by substantial competent evidence, comes down to the existing LDRs and the existing Ordinance. He stated the application was made under the existing Ordinance. Commissioner Fletcher stated, at some point, a rewrite of the Land Development Regulations has to supersede whatever promise was made and that promise was not made in contract. He stated to interpret that the promise goes on into perpetuity is really stretching it. He stated we cannot choose which LDRs we develop our property to; it is what is in effect at the time you go to get your permits. Commissioner Woods disagreed stating she does not see where it states the promise will be honored only until the Land Development Regulations change. Commissioner Parsons referenced the minutes of the Community Development Board, stating Mr. Wolfson has had a history of defending the original garage covenants and restrictions. Commissioner Fletcher stated in the record of the March 15 meeting there was a summary of the applicant's position on what the use of these lots were. He stated Mr. Wolfson had approached the Commission and /or the CDB several times saying that the lots across the street from the homes on the east side of Beach Avenue were never intended for single- family residents and they were intended for supplemental parking for structures on the east side. He stated it was the interpretation of this applicant that nobody was vested in that promise and the Commission disagreed and granted it to Townsend Hawkes and maybe one other. Mayor Borno stated the duty of the Community Development Board is to act in accordance with the law, which is the Ordinance and LDRs, which also is the Commission's duty. Commissioner Daugherty clarified, on his ex parte disclosure, that both Bill Gulliford and Lynne Roskein were people he discussed this issue with, but they did not assert any opinions for or against on this. He stated he believes the three items they are to consider are supported and the Board did its job. Commissioner Woods stated these were separate lots when the Wolfsons bought them so there is history of this being a single free standing lot. She stated, even though there is question about these lots being designed specifically just for parking, all she sees in the record is that it's historical hearsay. She stated she has not seen any documentation that says these lots are designed simply to be for garages. She stated the City of Jacksonville has stated that it was a separate lot and was able to have a single - family residence on it so, in that sense, they really are taking the right from that lot to be developed as when it was created and platted. She stated it is a separately platted lot, not a part of their main residence. She stated the lots were created, they were annexed, May 9, 2011 REGULAR COMMISSION MEETING Page 10 promises were made, conditions were met and people have ended up with properties that don't fit our Codes but they have been paying a lot of taxes on them and have had expectations of use. She stated she doesn't know how you can just tell somebody, no, you can't use your property. She stated, whatever happens tonight, we need to look at solving this problem for the long term so we don't have to keep going through this. Commissioner Parsons stated at one point in the minutes it does state you can build a house on the property, but it would be a very small house, but you could still do it. He also responded to the comment of whether anyone knew what was going on after the fact or where this promise came from Jacksonville, that Ms. Glasser noted that it was unfortunate that Mr. Wolfson had left such a long, detailed record of his opposition to the same variance he now requests, which to him means Mr. Wolfson knew what was going on years ago but now he is changing his mind for his own convenience and that is just not right. Mayor Borno asked if Lot 1725 was platted. Planning Director Sonya Doerr stated they are not platted but they are lots of record. She stated it is a tax parcel. She stated this was a reserve strip along Beach Avenue that was not platted into individual lots, but they were divided into separate lots many years ago and by virtue of how long they have been divided into these lots we recognize them as documented lots of record. She stated they are not platted lots; a platted lot is something that if you look at a legal description will say i.e. Lot 5 of Block 7 of some subdivision. She stated things were divided by metes and bounds, legal descriptions, from government lot, then later when they started platting subdivisions in the 1920s, i.e. Subdivision A, it then was broken up into blocks and lot numbers. She stated there are still some areas of the City that were not platted and this is one of them. Commissioner Woods asked what significance that has. Ms. Doerr stated we still recognize it as a lot of record, but it is non - conforming. She stated the City has long considered basically a 5,000 s.f. as the minimum lot, but if you create new lots, they now have to be 75 x 100. She stated we have considered anything 5,000 s.f. or more a buildable lot, provided you meet zoning setbacks, height and whatever regulations apply. Votes by roll call: Aye: 4 — Borno, Daugherty, Fletcher, Parsons, Nay: 1 - Woods MOTION CARRIED Mayor Borno stated the Commission's action will be evidenced in writing by a final order which will be prepared and the specific findings in that will be addressed. Mayor Borno called for a recess at 8:21 p.m. The meeting was reconvened and called to order at 8:34 p.m. B. Approval of location of Fleet Landing sign (deferred from previous meeting). This item was taken out of sequence and acted on earlier in the meeting. C. Authorize the Mayor to sign the Application for Revenue Sharing 2011 -2012. May 9, 2011 REGULAR COMMISSION MEETING Page 11 Mr. Hanson explained every year the cities and the State have to sign off on a form to the State declaring they comply with State laws so they are able to receive State Revenue Sharing funds. Motion: Authorize the Mayor to sign the Application for Revenue Sharing 2011- 2012. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED D. Approve vendor for PD /FD roof replacement. David Thompson summarized his staff report, explaining that while the Fire Department was completing some renovations to their building they noticed some water damage and mold buildup. He stated Jacksonville's building people will do the mold remediation, but they can't do that until the leaks are stopped, which seem to be related to the roof. He stated our building official took bids and came up with the best price, for which they are asking approval from the Commission. Motion: Approve the emergency purchase of a new roof for the Police /Fire Building for $29,725. Moved by Woods, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED E. Authorization to Apply for COPS Grant Application. Mr. Thompson explained the Community Oriented Policing Services grant, stating they have made changes in the grant this year and are funding 100% of the positions for three years and rather than requiring the position to be a new hire, they will allow this to be used for the retention of personnel that might otherwise be lost due to budget reductions. He stated with the Commission's approval he will submit a grant application to the COPS program requesting the funding for two police officers for three -year periods, which will be approximately $380,000. He further stated this is a competitive grant and there are no guarantees. He stated the deadline to apply is the end of May. Motion: Authorize the Assistant City Manager to submit a COPS grant application for up to two (2) law enforcement positions for a three (3) year period, and to authorize the Assistant City Manager and the Mayor to sign the application and subsequent documents related to this grant program. Moved by Woods, Seconded by Fletcher. May 9, 2011 REGULAR COMMISSION MEETING Pace 12 Mayor Borno reminded the Commission that, as stated in the staff report, by accepting this grant we are then accepting the fourth year of these positions to be paid by the City. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. Award Contract for Disaster Debris Removal Services. Rick Carper explained there was an error in the table of his staff report which moved AshBritt up to number two, rather than DRC Emergency Services. He stated after review, his recommendation is to award the Disaster Debris Removal contract to Byrd Brothers as a primary, with a secondary contract to be awarded to AshBritt. Motion: Award the primary contract to Byrd Brothers, with AshBritt, Inc. as backup and authorize the Mayor to sign the contracts for the City. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. None. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners A. Frisbee Golf Course at Johansen Park. City Attorney Commissioner Daugherty stated he would like staff to prepare a feasibility report for the next agenda. He stated the purpose of putting this on the agenda was to get public comment. He stated it will not attract tournament play because it is a 9 hole course and the pad shown in his report on the first page is not what would be used, it would be just a couple of rails. He stated if it proves to be disruptive of the neighborhood it can easily be removed since it is not a permanent fixture. He stated his question to the community is, if we don't do this, what is a better way we can utilize the park. He stated everyone says it is a passive park, but it is not listed as a passive park. Commissioner Woods stated she believes that park was donated to the City and asked if there are deed restrictions. Rick Carper stated the park was dedicated to the City for a park as part of the plats for two of the parcels of the Selva Marina subdivision, but there are no restrictions. Mayor Borno asked if we have ever done a title search. Mr. Hanson stated he has looked through all the documents we could find and his recollection is essentially what Mr. Carper said, that it was dedicated for drainage and park purposes but no restrictions stating you couldn't do anything on the park. He stated they could attach those documents to the staff report, because a lot of people in May 9, 2011 REGULAR COMMISSION MEETING Page 13 the community believe there are some deed restrictions. Mayor Borno asked Commissioner Daugherty if he wanted to isolate the Frisbee golf to Johansen Park or would he want it to be considered on any other parks. Commissioner Daugherty stated there is no other place in the City where something like this would work. He further pointed out that this is a nice family activity. He stated we are spending a lot of money maintaining this park for a few people and he believes they could utilize this park and give people a reason to go there and still provide an area that would not have Frisbees in it. Commissioner Parsons stated this was brought up once before and they were beat up pretty good about it with people stating they didn't want it. He stated he was surprised with how many people showed up tonight who were opposed to it. He stated he would also like to know what the cost of maintenance of this would be. Commissioner Daugherty stated that is something that could be in the staff report. Commissioner Woods stated at the last meeting they discussed the items on the strategic plan and she believes if we are going to spend money on our parks she would rather focus more on Rose Park, which is on the strategic plan. She stated if they are going to spend $3,000 - $5,000, which she doesn't believe they have the money to do, she would like to see it spent on something in the Strategic Plan instead of starting another project. She stated that includes staff time to put this together. She stated messing with Johansen Park is not going to be pretty and she does not see the need for it since it is not a part of our strategic plan at this time. Mayor Borno was moving forward to Item B, but Commissioner Woods asked, don't they have to decide whether to ask staff to do a report or not. Mayor Borno stated one Commissioner can ask for a staff report. He further stated the petition will be considered. B. Reconsideration of Strategic Planning approval to prioritize goals. Motion: Reconsider the strategic plan. Moved by Fletcher, Seconded by Borno Commissioner Fletcher stated they added Rose Park to the Strategic Plan but he doesn't understand why they don't prioritize their goals. He stated Rose Park is up there with the highest goal they have and he doesn't believe that was the intent and it wasn't his intent when he seconded the motion to do that. He stated he met with the City Manager and they wanted to have Rose Park on the stove somewhere but not on a hot burner up front. He suggested they strategize goals a little so that can stay on but not as a high priority. Commissioner Woods stated she believed the numbered strategies were the priority. Mayor Borno stated they identified strategies but they didn't prioritize them. He stated in the past they have always had priorities, which they didn't do this year. Commissioner Fletcher recommended they have goals that were unanimous in one category, goals that were the majority of the Commission in a second category, and other floating goals in a third category. Mr. Hanson asked him where he would put Rose Park. Commissioner Fletcher stated they could discuss that. Commissioner Daugherty stated he believes it is a medium priority because of how long it takes to get these things done. He stated we may have more funds available May 9, 2011 REGULAR COMMISSION MEETING Page 14 than they thought because the bids on the pier came back at about $60K over budget, so they will have to make the decision whether or not they want to do that project. He stated if they don't do that project he would like to put Rose Park at the forefront. He stated the Frisbee golf is only around $2,500 and, if necessary, he could raise the funds on his own. Commissioner Woods reiterated that she thought that was what they were doing when they set the strategies and asked if no one was keeping tabs. Mr. Hanson stated they were keeping tabs, there were 8 strategic goals that the Commission approved, four were approved unanimously and four were approved by three of the five Commissioners but there was no implied prioritization. Discussion ensued. Mayor Borno stated the consensus was to prioritize to A and B and put Rose Park as a B priority. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Parsons stated they may need to workshop the strategic plan and put them in order. He stated the previous strategic planning meeting was very confusing and the facilitator did not put them in order like they needed to be. Commissioner Daugherty agreed, stating he was not as pleased with the facilitator that was hired this year and hopes they don't use him again. He stated a lot of cities use their City Manager as the facilitator, which may save them that money. He stated a workshop may not be necessary but believes Mr. Hanson did a good job following up and going through all the notes and prioritizing them. Commissioner Woods clarified that they would let the City Manager come back to them with what was designated as all Commissioners supporting and then the others and if they want to adjust they can go from there. City Clerk Bartle • Announced Nancy Bailey was selected as the Employee of the Quarter and stated they would both like it if the Commissioners would attend the luncheon tomorrow in the Chamber from noon to 1:00 p.m. Mayor Borno gave his congratulations to Nancy. Commissioner Woods • Asked about the railroad ties on the median of Selva Marina Drive, stating she has gotten some negative comments about them. Rick Carper stated they are being reduced and most will be gone by the end of the week. Commissioner Parsons agreed they are ugly and they all should be gone. Mayor Borno • Read a quote by Abraham Lincoln regarding respect. May 9, 2011 REGULAR (OMMISSION MEETING I'agc 15 Ad jou rn men t There being no further discussion. the Mayor declared the meeting adjourned at 9:07 p.m. Mike Borno, Mayor /Presiding Officer ;Vl°1 I :S f: 4 14444, klOaNae, henna l ,. Bartle, CM(` ('itv ('Ierl< MM rr VF C A H M EN A hich aLexcL. retytAkmi idth .6n5 - of-Eittc4. Au. ren Kelly 1733 t ceaar ro" PI . (3, iao q aeatk A Uen e, ['DR. GP, Cc.) LL SLOarl files I sk, N a.t list' Donna .Dc - era Alannsf oorn 0 1--(epywn F Leonora( eio,wrse. airn 5 " ne+ther Bob Pa cr i51i Tvvw LA- Fret/lc-16 L uct e r I R 17 Fl ed Vd. Pitytt 451 R - 13a few For l ar b air a. es 1 7 ,21 Nun eyo,re r, a t ri. t tA., Pr i ce W75 41 e ( to Vie I aSt Lind (eui . 10 br+ Tsar �-- . 1Uura. . a") ,,,,, dir to ,,q,,, arr a ,,, "" _.,,g 0A--.1/4: Ceryn AnAA,A-,---c,....., a-.3 { Z 1 � ��mL�` � \ y \ ' 9�/^� o«��'`' ' ^ 9 __�� "�—`� Ai _—� — ~/ 1 . -- \ l � - - --------- -- 0 o � 3a,�,�� ?1 6 ' 1 ��~� ° ~`^ --- r -� ` ` / 7 . ^1�*�� _ ! /^°�~�' '` '--�—� -- -- v` � ~/ � ���� -- � �� krad t $14 0tia44,,, , C,,^° 1,.,1 . ____-_-_-__- } . „0-1 A-1,-04L-1 __ 1 rkau _-- -- - ---- ~.- , 6 4)1L. 4~~~'` ` ^, ..-- ' _____ �~~ _~- - Vi19 _ __- '__ ^- | _ _____ _ __ V �� �� t-. - -_- -_ '---_- _ ( . (4 -- r ~,,- . �~ /&��a�_ ,/��� } —____ Ca-P ' �_�wr�� ____ ___- -__ � � . -' -' | / � /� __ _____ ____� ____-' / {-� ' ' -- � / ,��^~~~ ° � ` ` . . `, � -_--_---___ _-__- _-_'_ ---- ---- ---- ------��-� / N~ /| / t �J ` . /} _ u^,`°� ��,+-- /��^�-~-~�_� _______ __� . -__-- __ __ -_- ____---__--____- _-__ . _ �_ - � _-_-_-___- ___ 1 ATTACBMENTA | • ATTACHMENT A Christopher A. White (firm representing the Wolfsons) For. Robert & Forrest Parrish For Rufus Pennington III For, T.R. Hainline (firm representing Robert Clements) For a s-cLA-4 717-2: ATTACHMENT B Commissioner John Fletcher — Ex parte disclosures Donnie Wanstall — Oppose John Hull — Opposed Kelly Elmore — Opposed Barbara James — Opposed Georgia and John Goodling — Opposed Greg Bolton — Opposed Francis Lucier — opposed Greg Kelly— opposed Bob Parrish — support George Bull — support Edward Lane — Support Lindley Tolbert — opposed Alecia Humphrey — opposed Steve Rosenbloom — opposed Jim Smith — opposed Rufus Pennington — support Bob Read — support Judy Beaubouf — support Susan Walsh — opposed Leonard Cawrse Larry Stroecker Kirk Hansen Chris Lambertson Barbara Price — Opposed Attorneys T. R. Hainline — obo Rob Clements