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7-8-13 MINUTES *REGULAR CITY COMMISSION MEETING July 8, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Jonathan Daugherty Call to Order/Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of June 10, 2013. B. Approve the minutes of the Special Called Commission Meeting of May 28, 2013. C. Approve the minutes of the Commission Workshop of May 28, 2013. D. Approve the minutes of the ICMA University Web Conference of June 6, 2013. E. Approve the minutes of the Candidate Workshop of June 6, 2013. Mayor Borno asked if there were any other corrections to the above minutes. He stated the changes to the ICMA Web Conference minutes requested at the workshop have been made and were included in the amended agenda. There were no other changes and he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. Ralph Marcello, President of Beaches Habitat, introduced Lynn Hileman, their property appraiser. He stated he spoke to him about the sale price of Habitat's homes versus the appraised value. He explained Habitat affiliates sell their homes at actual cost to build and their current cost is about $120,000. He stated if Mr. Hileman appraises the home at $130,000 they place a silent second mortgage on the house so a new home owner cannot take advantage between the difference of the actual cost and the appraised value of the home. He distributed a picture of an example of the homes they are building, which was located on Penman Rd. in Jacksonville Beach, stating they have upgraded the quality of the homes they produce. He asked Mr. Hileman to discuss the appraisals. Lynn L. Hileman, Hileman Appraisal Group, 1713 Penman Road, Jacksonville Beach, explained the difference in using a Beaches Habitat price and an actual appraisal value. He stated what the tax assessor does has no bearing on the value because they are not looking at the sale prices. He stated, as a real estate appraiser, from a mortgage standpoint, he would never use a Beaches Habitat sale because it does not reflect an arm's length transaction. He stated they are selling their homes at cost to people who have proven the need for sub-priced housing not market-priced housing. He stated there is no danger in the City dragging down the value of the neighborhood by cooperating with Beaches Habitat and showing goodwill. July 8,2013 REGULAR COMMISSION MEETING Page 2 Marc Hudson, Land Protection Director for North Florida Land Trust, explained his background and spoke on the difference between conservation easements and deed restrictions. He stated conservation easements are perpetual while deed restrictions can be long-lived but are predicated on renewals. He further explained conservation easements are foundational in the Constitution of Florida and deed restrictions operate under common law. He explained on deed restrictions there are restrictions on alienability, which is anything that would actually cause the property to be harmed in a sale in the future; i.e. if the golf course were running into financial troubles they could argue before a court for removal or adaptation of the deed restrictions. He stated in some certain situations conservation easements, because they have a public benefit statement, get a heavier consideration in court because the judge actually has to take into consideration the public benefit to the City of Atlantic Beach, which is not necessarily the same in deed restriction. T.R. Hainline, 1301 Riverplace Blvd., stated he was representing Atlantic Beach Partners on the SPA rezoning. He updated the Commission on issues related to the Selva development, explaining this is a down zoning in intensity and density. He stated they have been working with staff on annexation, and they have prepared and obtained the City of Jacksonville's approval of an Interlocal agreement stating both Atlantic Beach Partners and the Club are committed to supporting annexation, the City of Jacksonville has agreed to consider annexation and regulatory powers over both portions of the property are turned over to the City of Atlantic Beach. He further stated they have prepared and submitted to Atlantic Beach staff a draft annexation agreement and are committed and ready to take that to the City of Jacksonville. He stated on the issue of reuse, they have prepared and submitted to and discussed with City staff a draft reuse agreement and anticipate finalizing that agreement this month. He further stated the draft reuse agreement they submitted requires them to record a conservation easement. He explained they have agreed to the concept of an easement but hesitates to call it simply a conservation easement because unlike many of the things that are used for public trust documents this will have an active recreational use on it, a golf course and everything that goes with a golf course. He stated therefore they are referring to it as a recreation and conservation easement but it would be in perpetuity and they are happy to continue to work with staff and get any input from Mr. Hudson on this document. He stated they sent a letter on all three issues on July 3 to the City Manager committing to use City of Atlantic Beach reuse water, to support annexation, and to record the recreation and conservation easement after the closing of the sale to Atlantic Beach Partners but before the City commencement of construction on the reuse facility. He summarized they have done everything asked of them and are now asking for approval of the rezoning so they can move forward with the redevelopment of the golf course and club, with the annexation, with pushing forward the reuse, and with the recordation of the recreation and conservation easement. Dave Estes, 1275 Linkside Drive, stated he wants two small conditions added to the plan; (1) that the Club shall maintain their backyard areas that members do not see but neighbors of the perimeter of the club do see, by mowing/trimming grass and weeds, including the banks of ponds and waterways and not dumping landscape debris and (2) that the Club shall take into consideration how their actions will affect the neighbors' views of the golf course when they are planning landscaping, hedges, nets, fences, etc. He stated he was told this afternoon that was being discussed between the developers and the new owners of the club. He stated he doesn't know what the answer was to it but would love to hear an answer from somebody. Michael Hoffmann, 176 Camelia Street, expressed his appreciation to the Police for their prompt and helpful assistance to a problem they had recently on his street. He further stated, as secretary to the Fleet Reserve Association 290 Fountain Project Committee, they have submitted a proposal to the City for a fountain and lights in the retention pond on Mayport Road adjacent to the Fleet Reserve. He stated Rick Carper put them in touch with Bluewater Company who came up with a proposal that would cost $7,500 to install, $1,000/year for electricity, and $500/year for quarterly maintenance. He stated the Fleet Reserve July 8,2013 REGULAR COMMISSION MEETING Page 3 project committee has agreed to offer $2,500 toward the cost. He left a copy of a prospectus from Bluewater with the City Clerk and will attend the budget hearings to discuss this with the Commission. Veda Harless, 680 Sailfish Drive E., addressed Item 7K. She stated she is currently the Chair of the Code Enforcement Board and it works very well. She explained her reasons for not moving to a magistrate. She stated she would like to continue to serve the residents and believes it serves them well by having their peers and neighbors be the ones listening to why they may or may not be in violation. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. City Manager Hanson reported, as discussed by Mr. Hainline, the Interlocal agreement with Jacksonville on the permitting of the Country Club Development was approved by the City of Jacksonville. He stated they have received the letter from the Country Club dealing with the three conditions the Commission set at the May 13 meeting, which was within the 60 day time limit. He distributed a copy to the Commission (which is attached and made part of this Official Record as Attachment A) He further stated they have scheduled a workshop for the Commission to hear the presentation of the results of the pay plan as well as a Budget 101 workshop for Monday, July 22 at 5:00 p.m. He stated he intends to get a budget out to the Commission by the end of this week. Item 7A and Item 8D were taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-216 by title. Motion: Approve Ordinance No. 90-13-216. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is related to rezoning the Country Club property to permit construction of a 180-unit subdivision. 8D. Discussion of options in regard to Second Reading of Ordinance No. 90-13-216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. Commissioner Beckenbach asked to make a motion to amend the Ordinance. Motion: Amend Ordinance No. 90-13-216 to add a second special condition to Sec. 3 of said Ordinance, to read as follows: Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice July 8,2013 REGULAR COMMISSION MEETING Pane 4 facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity. Moved by Beckenbach, Seconded by Woods Votes: Aye: 4—Borno, Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court West, stated he supports the movement forward on preserving such a wonderful asset and the amendment. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods thank everyone for working together for the betterment of the community. Commissioner Beckenbach thank City Attorney Alan Jensen for helping him on this Ordinance and the amended motion. Mayor Borno called for a vote on the Ordinance as amended. Votes: Aye: 4—Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Item 8A was taken out of sequence and acted on at this time. 8A. Approval of Interlocal Agreement w/COJ for Country Club development. Mr. Hanson summarized the agreement stating this allows the City of Atlantic Beach to handle the permitting for this entire project, both for what is in our City limits presently and the rest of the golf course property outside the City limits. He stated with the anticipation of annexation, it makes it more seamless for everyone to be regulated through one agency rather than multiple agencies during this transition. He stated staff recommends approval. Motion: Approve the Interlocal Agreement with the City of Jacksonville for the Country Club development. Moved by Woods, Seconded by Mark Commissioner Beckenbach asked who will determine which trees will stay and which will go. Mr. Hanson stated Atlantic Beach will be doing all of the tree permitting as described in the zoning they just approved. He stated he understands Jacksonville approved equal zoning for their portion of this property. Further discussion ensued. July 8,2013 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4—Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 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 the Financial Report for April, Building Department Monthly Activity Report, the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of$12,083 of forfeiture funds for equipment purchases and $3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A,B and C as read. Moved by Woods, Seconded by Beckenbach Votes: Aye: 4—Borno, Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 13-09 by title. Motion: Approve Resolution No. 13-09 as read. Moved by Mark, Seconded by Woods July 8,2013 REGULAR COMMISSION MEETING Page 6 Mayor Borno summarized the Resolution stating this is continuing our agreement with FDOT for maintenance of ROWs, drainage ditches and ponds along the State highways within Atlantic Beach. Votes: Aye: 4—Borno,Beckenbach,Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 90-13-216,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 90-13-217,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY (RS-1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-217 by title. Motion: Approve Ordinance No. 90-13-217 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is for rezoning the property to the south of the Country Club back to single family residential since the property is no longer part of the prior Country Club PUD. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Borno,Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-13-122,Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20-13-122 by title. July 8,2013 REGULAR COMMISSION MEETING Page 7 Motion: Approve Ordinance No. 20-13-122 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is to approve funding to install a single-camera video system in the Commission Chamber. Mayor Borno opened the Public Hearing. Sally Clemens, 1638 Park Terrace West, addressed the Commission asking that they please speak into their microphones. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 3—Beckenbach, Mark, Woods Nay: 1 —Borno MOTION CARRIED D. ORDINANCE NO. 95-13-106,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95-13-106 by title. Motion: Approve Ordinance No. 95-13-106 as read. Moved by Woods, Seconded by Mark Mayor Borno summarized the Ordinance stating it amends the Animal Control Ordinance as related mostly to dangerous dogs. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Borno,Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 5-13-59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5-13-59 by title. July 8,2013 REGULAR COMMISSION MEETING Page 8 Motion: Approve Ordinance No. 5-13-59 as read. Moved by Beckenbach, Seconded by Mark Mayor Borno explained this changes the Code so that dangerous dog cases will be heard by a Special Magistrate rather than the Code Board. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Mr. Hanson stated if this is approved they will need to get a Special Magistrate, explaining the process to do so. Votes: Aye: 4—Borno, Beckenbach,Mark, Woods Nay: 0 MOTION CARRIED F. ORDINANCE NO. 75-13-18,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 75-13-18 by title. Motion: Approve Ordinance No. 75-13-18 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this adds provisions in the Code dealing with taxi cabs which we have not previously had. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Borno, Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED G. ORDINANCE NUMBER 90-13-218,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; July 8,2013 REGULAR COMMISSION MEETING Pate 9 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-218 by title. Motion: Approve Ordinance No. 90-13-218 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is extending the PUD limits for Fleet Landing to include additional property for a maintenance facility they want to build. Votes: Aye: 4—Borno, Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED H. ORDINANCE NO. 95-13-107,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95-13-107 by title. Motion: Approve Ordinance No. 95-13-107 as read. Moved by Woods, Seconded by Mark Mayor Borno stated this authorizes the sale of a city-owned house at 765 Sabalo Dr. Commissioner Woods stated in addition to Mr. Marcello and Mr. Hileman speaking tonight, she also contacted an appraiser and asked how this was handled and he had pretty much the same answer. He stated appraisers use the market value and not the sale value, especially when it is non-profit involved. She stated she hopes the City avoids this type situation in the future but since they are here now she believes it is the appropriate thing to do. Mayor Borno asked if she supports the possibility of considering Habitat. Commissioner Beckenbach stated the Ordinance doesn't specify how to sell it just that they can sell it and they can discuss how at the next workshop. Mr. Hanson stated there is a Special Meeting at the next workshop to approve this ordinance and all it says is the City is authorized to sell it. He stated once they get to the second reading and approve it, he believes it is appropriate for the Commission to direct the staff as to which way they want to go. He reiterated this Ordinance does not stipulate how to sell it; it just declares it as surplus and says it can be sold. Discussion ensued. Votes: Aye: 4—Borno,Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED July 8,2013 REGULAR COMMISSION MEETING Page 10 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18,PAGE 34,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 65-13-38 by title. Motion: Approve Ordinance No.65-13-38 as read. Moved by Beckenbach, Seconded by Mark He explained this is authorizing the closure of a part of Orchid St. to allow for expansion of Rose Park. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80-13-83 by title. Motion: Approve Ordinance No. 80-13-83 as read. Moved by Woods, Seconded by Beckenbach He explained this Ordinance is creating provisions in the Code for a reuse water system that the City is planning to build. Commissioner Beckenbach asked how much other townships are billing for reuse water. Mr. Hanson explained Donna Kaluzniak got the rates for both JEA and Clay County and they made some projections based on the 180 houses and will bring it to the Commission before they start to be occupied. He stated the St. Johns Water Management District is considering our grant application tomorrow and staff is hopeful we will get funding for$440,000 towards the cost of this. Commissioner Woods stated she doesn't recall that this talks about the type of landscaping that will be put in and would suggest staff talk to the developers about their landscaping requirements before they come up with their projections and assumptions. Mr. Hanson stated they have had long discussions with the developers about the golf course property and about how many gallons they would use. He stated their projections of the volume of reuse water to be used are based on the 20 irrigation meters they have in the Linkside area. He stated they are relatively small lots and they thought they would be pretty much consistent with the size and July 8,2013 REGULAR COMMISSION MEETING Page 11 amount of landscaping he would expect to be put in on these new lots. He stated they will have a discussion with the Commission in a few months and they will need to adopt a rate ordinance just like they do with water and sewer rates. Votes: Aye: 4—Borno, Beckenbach,Mark, Woods Nay: 0 MOTION CARRIED K. ORDINANCE NO. 5-13-60, Introduction and First Reading AN ORDINANCE OF THE CITY 0 F ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5-13-60 by title. Motion: Approve Ordinance No. 5-13-60 as read. Moved by Beckenbach, Seconded by Borno Mayor Borno summarized the Ordinance stating this is eliminating the Code Board and authorizing the use of a Special Magistrate to hear cases. He stated this was his recommendation and since they are going to Special Magistrate for the dangerous dogs he believes it is the optimum time to transition all of our Code Enforcement Board duties to a Special Magistrate. He stated it takes the weight off neighbors making decisions for neighbors which can become emotional. He stated by using a Special Magistrate we follow what the law says. Commissioner Beckenbach asked the City Attorney if the Magistrate would be the same one at every Code Enforcement meeting who would make the decision according to the codes as he/she reads them. Mr. Jensen stated yes. Commissioner Beckenbach asked how has he found others to be throughout the area and stated he knows Neptune has this. Mr. Jensen stated Neptune Beach recently went to this and Jacksonville Beach has had it for 6-7 years, but he has not had any experience with them. Commissioner Beckenbach stated he has spoken to a number of different places who seem to be really happy with their magistrate. Discussion ensued. Commissioner Woods stated after hearing what the Chair of the Code Enforcement Board said she believes what you do with your home and what the City's response is to that is emotional and personal and she is not sure, as a community, we are quite ready to give that up and make it as impersonal as a magistrate would perceive to make it. She stated she believes our citizen committees are a good thing and work well and we have a community of citizens who like being involved and who take it seriously and look at the issues as they are. She stated she is not sure she is in favor of this part of it. She believes it is very important for the dangerous dog because that really becomes litigious. Commissioner Mark concurred with Commissioner Woods, stating she is not completely convinced that to dissolve the Code Enforcement Board for other violations is prudent at this time. She stated maybe they could think about this a little more. Mayor Borno stated he did not make this recommendation because of any feelings he has that the Code Enforcement Board has not done their duty; it is an efficient method to do it. He July 8,2013 REGULAR COMMISSION MEETING Page 12 believes this is a prudent move and it will help streamline. He stated although it does eliminate some volunteer positions,there are other boards that they can be involved in. Commissioner Beckenbach asked if the people coming before the Code Board are becoming more litigious and if they are then he believes they should lean more toward the magistrate. Mr. Jensen stated he believes the only time people come in with lawyers is for a dangerous dog case, very rarely do lawyers come in representing people on anything else. Discussion ensued and Commissioner Beckenbach asked that this be deferred so he could do more research. Commissioner Beckenbach withdrew his motion and Mayor Borno withdrew his second. Mr. Jensen stated they could either defer it to a time certain or defer indefinitely and someone would have to bring it back. Motion: Defer indefinitely. Moved by Beckenbach, Seconded by Woods Mayor Borno encouraged the Commissioners to discuss with the Building Official and Code Enforcement people and get a feel for their side of this. Commissioner Mark encouraged them to come to the Workshop to give the Commission feedback on how they feel about this or they could send an email to the Commissioners. Mr. Jensen stated everyone here is free to attend the Code Enforcement Board meetings and see how they operate. Votes: Aye: 4—Borno, Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED L. ORDINANCE NO. 20-13-124, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20-13-124 by title. Motion: Approve Ordinance No.20-13-124 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno explained this is to add grant revenues and expenses for the first phase of the construction of the pedestrian path at Tideviews Park. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED July 8,2013 REGULAR COMMISSION MEETING Pale 13 8. Miscellaneous Business A. Approval of Interlocal Agreement w/COJ for Country Club development. This item was taken out of sequence and acted on earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15-17. Motion: Designate Mayor Mike Borno as the voting delegate for the Florida League of Cities Annual Conference in Orlando. Moved by Mark, Seconded by Woods Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and greenspace in the Selva Marina Development. Mayor Borno stated this does not include writing, it is just reviewing. Mr. Hanson stated the Country Club thought it appropriate for them to write so that would put our consultant in the role of reviewing it and making recommendations. Commissioner Beckenbach stated he would like to make a motion. Motion: Use the North Florida Land Trust as the City's consultant to review the Recreation and Conservation Easement being prepared by Atlantic Beach Partners, LLC & Selva Marina Country Club, Inc., per Ord. 90-13-216, and for North Florida Land Trust to make any recommendations on said Easement to the City. Moved by Beckenbach, Seconded by Woods Commissioner Beckenbach thanked Marc Hudson for coming and representing North Florida Land Trust. He stated this is very important to the future and when he is 90 years old he wants to make sure there is still greenspace over there. He stated he believes the North Florida Land Trust will be beneficial to us and worth the small amount of money they are talking about to bring them in to review this. He stated after their review they can give us the information that we need in order to make the proper decisions, along with Alan Jensen. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED D. Discussion of options in regard to Second Reading of Ordinance No. 90-13-216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. This item was taken out of sequence and acted on earlier in the meeting. July 8,2013 REGULAR COMMISSION MEETING Page 14 9. City Manager A. City Manager's Report. City Manager Hanson reported on a proposed Cultural Arts and Recreation Committee event. It will be an exercise session for children to be taught by Jeff Wight on July 15, 17 and 19. He stated this will be taught at the Atlantic Beach Elementary School track and will cost $10.00, which will be donated to Atlantic Beach Elementary. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Woods • Believes this new process is working well and has slowed things down enough for everybody to give it due consideration. • Stated she sent out an email about the dirt parking lot at town center stating they had to rescue someone who was stuck in the mud there. She stated she spoke to Mike Griffin about this who spoke to the property owner and they said they would be happy to come to our next workshop and discuss the options with us. She stated she would like to see if the City could work with the property owner to put in some fill dirt to help dissipate the water and keep people from getting trapped in there. She stated she knows the City is not in the habit of improving private property but believes the public is getting a benefit from this parking lot and they should at least look at it. • Reminded everyone there is a Town Hall meeting this Saturday from 10 to noon at Donner. • Spoke with Representative Janet Adkins about improvements on Mayport Road and Atlantic Blvd. and they will be meeting with the City Manager and representatives from Neptune Beach to talk about programs DOT has and what they can do for those corridors. Mayor Borno • The 4th Fleet anniversary is this week. • Looks forward to the next workshop. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:57 p.m. 11/1444-' 2 Mike Borno ATTEST: Mayor/Presiding Officer Alivrta. G�Z� Donna L. Bartle, CMC City Clerk *A Workshop was held on June 24, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. ATTACHMENT A T.R.HAINLINE,JR. 1301 Riverplace Boulevard•Suite 1500 R O G E R S TOWERS Jacksonville,Florida 32207 904.398.3911 Main A T T O R N E Y S A T L A W 904.346.5531 904.396.0663 Fax THainline @rtlaw.com www.rdaw.com July 1, 2013 Revised July 3, 2013 Mr. Jim Hanson City Manager, Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 RE: Atlantic Beach Country Club SPA; Ord. No. 9043-216 Dear Jim: Atlantic Beach Partners, LLC ("ABP"), and Selva Marina Country Club, Inc. (the "Club") will agree to the following condition in the pending Special Planned Area: "Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit the uses on such portion of the Property to recreational uses . and conservation/greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity." • Regarding the issues of re-use, annexation, and the Recreation and Conservation Easement: 1. ABP and the Club will agree to utilize re-use water as the primary source of irrigation water for the proposed uses, provided that availability is satisfactory for the proposed uses and that applicable water quality standards are met. On June 19, we submitted to you a draft agreement on this issue, and on June 28 we had a productive meeting with you to discuss revisions to the draft. We look forward to concluding those discussions and executing the agreement soon. 2. ABP and the Club support annexation of the City of Jacksonville portions of the Property into the City of Atlantic Beach. On June 25, the Jacksonville City Council approved an interlocal agreement advocated by ABP and the Club which, among other items: recites ABP's and the Club's support for annexation; states that ABP and the Club will initiate a proposal for annexation; and provides that the City of Jacksonville and City of Atlantic Beach will consider the proposal. 3. As part of the agreement described in Paragraph #1 above, ABP and the Club will agree to record a Recreation and Conservation Easement on the golf course portion of the property (excluding the practice facilities to be located south of the internal roadway) limiting Mr. Jim Hanson July 3, 2013 Page 2 the uses on that portion of the property to recreational uses and conservation/greenspace, including the golf course and related uses. The agreement will provide that the Recreation and Conservation Easement will be recorded after the closing of the sale of the property to ABP and prior to commencement of the City's construction of the reuse system. We trust that the proposed Special Planned Area condition and other points addressed above are responsive to the questions posed on these issues. Please contact me if you need any additional information. Sincerely, C T.R. •ainline, Jr. TRH:sq l cc: Rick Wood(via electronic mail) Leed Silverfield (via electronic mail) Mike Carlin(via electronic mail) John Meserve (via electronic mail) Alan Jensen, Esq. (via electronic mail) JAX\1782623_2 -2-