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6-24-13 Commission Workshop MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JUNE 24,2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Rick Carper, Public Works Director Mike Classey, Police Chief Donna Kaluzniak, Public Utilities Director Erika Hall, Principal Planner Jeremy Hubsch,Redevelopment and Zoning Coordinator Donna Bartle, City Clerk Nancy Bailey,Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of July 8, 2013, was called to order at 6:35 p.m. by Mayor Borno. Workshop-only items: 1. Presentation by Gary L. Anderson—Coastal Ecosystems. Mayor Borno introduced Mr. Anderson who gave a PowerPoint presentation, entitled Florida Coastal Adventures, related to our natural resources and ecosystem. He stated the slides, taken mostly in Atlantic Beach, show some of the things that make up the character of this particular region and make it special. 2. Jeremy Hubsch, Redevelopment and Zoning Coordinator — Mayport Road Redevelopment. Mayor Borno introduced Jeremy Hubsch who explained what he has done so far as the Redevelopment and Zoning Coordinator and what his plans are for the future related to the Mayport Road corridor, including forming a Mayport Advisory Group. He stated he is encouraged by what he has seen and believes they will get things turned around. He answered questions from the Commission. *Discussion of Agenda Items on July 8,2013 Commission Meeting: Item 7A was taken out of sequence and discussed at this time. 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 Minutes—City Commission Workshop June 24,2013 Page 2 FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance 90-13-216 by title. Commissioner Beckenbach discussed his concerns related to the conservation easement stating after discussing these with the City Attorney, he has proposed something that will give the citizens all of the legal language that is required for this conservation easement. City Attorney Jensen explained the language they propose to add to the ordinance for the July 8th meeting. He stated he does not believe this is a substantial change to the Ordinance because the changes are not substantive and do not affect the zoning but it is more of a procedural type change, but that is for the Commission to determine. He further stated the commitment to the conservation easement is also contained in the master agreement whereby they are committing to do that in perpetuity as well. Discussion ensued and Mr. Jensen answered several questions from the Commission. Item 7G was taken out of sequence and discussed at this time. 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; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Principal Planner Erika Hall summarized her staff report explaining the purpose is to move the existing maintenance facilities from the northwest corner down to the new parcel. She stated where the maintenance facilities currently are the skilled nursing care facility will be renovated with a memory care center for Alzheimer's patients next to it. She answered questions from the Commission. 1. Minutes of the Regular Commission Meeting of June 10, 2013, the Special Called Commission Meeting of May 28, 2013, the Commission Workshop of May 28, 2013, the ICMA University Web Conference of June 6, 2013, and the Candidate Workshop of June 6, 2013. Commissioner Beckenbach commented on the minutes of the Web Conference asking that "it is important to avoid the perception of having a closed government and the key is to keep the citizens, the Commission and the newspaper well informed and put it out in a timely manner" be added. Mr. Hanson asked that he send him that wording in an email. It was the consensus of the Commission to add that wording to the minutes. Minutes—City Commission Workshop June 24,2013 Page 3 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. Mr. Hanson stated the first Town Hall meeting will be held on July 13 at 10:00 a.m. at the Donner Center. Discussion ensued. Mr. Hanson reported on the cost of indexing the videotaped meetings as requested at the last meeting. He stated there are two options. He stated the cost to pay someone outside would be $120/meeting; to have staff do this in-house, using the worst case scenario of paying overtime for a staff member to watch the meetings, it would be $52/meeting. He answered questions from the Commission. Discussion ensued. Mr. Hanson further reported that the Commission asked that they set a meeting before the budget workshop to help the Commission better understand the complexities of the City's budget documents. He stated he would like to expand that to include the report on the pay study. He stated he will have staff call them to check their schedules to set this workshop at the end of July. Discussion ensued. 4. Consent Agenda 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. Commissioner Daugherty asked why the $3,500 is being subsidized from the General Fund in Item 4B. Chief Classey explained that is an annual maintenance cost and once they purchase the equipment that $3,500 becomes a normal operating expense, which forfeiture fund expenditures cannot be used for. Chief Classey also explained the JAG grant. Item 8A was taken out of sequence and discussed at this time. 8A. Approval of Interlocal Agreement w/COJ for Country Club development. Mr. Hanson explained the Interlocal Agreement stating the agreement stipulates that Atlantic Beach will receive all of the fees for permitting and inspection. He stated he recommends the Minutes—City Commission Workshop June 24,2013 Page 4 Commission approve the agreement. He answered several questions from the Commission. Discussion ensued related to annexation. 5. Committee Reports None. 6. 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 the Resolution by title. Rick Carper summarized the maintenance agreement, stating this is the same agreement we have had every year since the early 1990s. He stated it puts the ponds along Mayport Road and Atlantic Blvd under our maintenance for which DOT pays us $51,000/year. He stated this does not include the Atlantic Blvd. or Mayport Rd. medians, which were put in at our request and are fully funded by Atlantic Beach. He answered questions from the Commission. Discussion ensued. 7. 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 discussed 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 the Ordinance by title. There was no discussion. C. ORDINANCE NO.20-13-122,Public Hearing and Final Reading Minutes—City Commission Workshop June 24,2013 Page 5 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 the Ordinance by title. Discussion ensued related to a multi-camera system. Commissioner Mark suggested reviewing this at the budget workshop instead of approving this for a single camera system for just one meeting. Commissioner Woods disagreed stating she believes they need to keep moving ahead because you never know what is going to happen in the budget process. 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 the Ordinance by title. There was no discussion. 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 the Ordinance by title. Commissioner Beckenbach stated he called Neptune Beach pertaining to how well this was working for them and they said it was phenomenal. Discussion ensued. 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 stated this Ordinance is about taxi cabs. There was no discussion on this Ordinance. Minutes—City Commission Workshop June 24,2013 Page 6 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; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. 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 the Ordinance by title. Mr. Hanson explained the background of the property stating there is an Ordinance required by Florida Statute before a city sells any property. He stated all this Ordinance says is that we don't need the property and are able to sell it; it doesn't specify how to sell the property. He further stated Beaches Habitat has looked at the property and has expressed an interest in buying it and remodeling it so they can put a homeowner in it. Discussion ensued on how to sell the house. Mr. Jensen further addressed the issue stating this house went before the Code Enforcement Board because it wasn't properly maintained and they were given a certain time by the Code Enforcement Board to bring the property up to meet the standards required by the Board. He stated they didn't meet that and started accruing a fine of $100/day and when that reached $25,000 that was when they got permission to file the foreclosure suit. He stated this is an unusual case and is different from other City-owned property in that we got it through the Code Enforcement procedure. He stated this becomes a question of what the Commission wants to do with Code Enforcement Board property. He stated he doesn't believe it is the intent of Chapter 162 of the Statutes or our Code Enforcement Board ordinances for the City to make money on this property. He stated the intent is for the property to be improved and for somebody to be in there taking care of it. He stated, for example, if Beaches Habitat said they want to do this and they can get a responsible owner in there and the City can recover its cost, then the City is accomplishing what the goals of the Code Enforcement Board are, i.e. getting it brought up to standards and getting somebody in there to take care of the property and properly maintaining it. He stated the number of houses they are going to get title to as a result of the Code Enforcement Board is very small. Further discussion ensued. Mayor Borno suggested the Commissioners put their ideas for the sale of the house on the agenda as an action item and they could be voted on at the next meeting. Mr. Hanson pointed out that the sooner they can get an answer the better because the City is paying to maintain the house now. He stated this item may make sense to have as a special meeting at the next workshop. Mr. Jensen stated they can propose an amendment to the Ordinance at the first reading. Minutes—City Commission Workshop June 24,2013 Page 7 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 the Ordinance by title. Public Works Director Rick Carper summarized the Ordinance showing a slide of the street closure. He answered questions from the Commission. Discussion ensued. 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. Public Utilities Director Donna Kaluzniak summarized the Ordinance, explaining all cities that have reuse systems have reuse ordinances and it is in our consumptive use permit that once we begin design of a reuse system, we have to adopt an ordinance within 90 days. She answered several questions from the Commission. Discussion ensued. K. ORDINANCE NO. 5-13-60,Introduction and First Reading AN ORDINANCE OF THE CITY OF 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 the Ordinance by title. He stated he has been working with the City Attorney on this and explained his reason for wanting this change is that society and things have changed so much in relation to Code Enforcement Boards, with more people tending to bring their lawyers. He stated as they have voted to go with a special magistrate for dog cases he believes they should really consider going with a special magistrate for Code Enforcement. Discussion ensued. L. ORDINANCE NO. 20-13-124,Introduction and First Reading Minutes—City Commission Workshop June 24,2013 Page 8 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 the Ordinance by title. Rick Carper summarized the staff report stating the purpose of this budget amendment is to provide construction funding for Phase 1A of the Preserves multi-purpose path. He explained we will be getting $17,500 of this money back after we have completed the construction. He showed a slide of the trail area. He answered questions from the Commission. 8. Miscellaneous Business A. Approval of Interlocal Agreement w/COJ for Country Club development. This item was taken out of sequence and discussed earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15-17. City Manager Hanson stated at the next Commission meeting they will need to designate someone to vote, on the City's behalf, at the Florida League of Cities Convention on their policies and platform for the upcoming legislative year. He stated the only two elected officials who have signed up to go to the Convention are Commissioner Mark and the Mayor. Commissioner Woods stated she would nominate the Mayor because of all of his involvement over the years. 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 green space in the Selva Marina Development. Commissioner Beckenbach stated he believes the City should consider using a consultant related to the conservation easement to work with Alan Jensen, explaining Mr. Hudson's background. Discussion ensued. Commissioner Daugherty asked Mr. Jensen if there is a need for this and is there a fee for this consultant. Commissioner Beckenbach stated there would be a fee that depends upon how much we ask them to do. Mr. Hanson explained there is the drafting of the easement itself, which he believes would cost $2,500-$3,500, and once that is done there is a baseline documentation report which is an assessment of the property as it exists as of the date of the conservation easement, which becomes an historic document. He stated that would be another $3,000 to get that document. He stated, perhaps, they could get the country club or developer to pay for that part of it. Leed Silverfield, representative of the developer, stated he will discuss this with his partners and the club but he believes a deed restriction and a conservation easement seem to accomplish the exact same things. He stated for a deed restriction the City's lawyer could craft out a work with their counsel and, in his opinion, they would not need a consultant. He stated he does not believe the developer has a preference either way but needs to double check to make sure there is no negative impact. Answering Commissioner Daugherty's question, Mr. Jensen stated without seeing the conservation Minutes—City Commission Workshop June 24,2013 Page 9 easement he cannot tell them whether they need a consultant. He stated if it is an in-depth conservation easement, he doesn't have a lot of experience with that, but if it is a fairly simple straightforward deed restriction which accomplishes what this Commission wants, then that would be acceptable. Mr. Jensen stated they reference in their contract a green space preservation agreement but he believes whatever they use they can make it so it is permanent. 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 green space. This item was taken out of sequence and discussed earlier in the meeting. 9. City Manager's Report. City Manager Hanson has nothing further to report. Mayor Borno reported that Councilman Gulliford's installation as President is at 4:00 p.m. on Friday. 10. Courtesy of Floor to Visitors Mayor Borno opened the Courtesy of the Floor to Visitors. Sally Clemens, 1638 Park Terrace W., addressed Item 7K, stating she agrees that is a good idea. She asked if the Code Enforcement Special Magistrate is a lawyer, who hires that person and how much is the pay. Mayor Borno stated it is a lawyer, the Commission hires them and the pay is determined when they write a contract. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 8:34 p.m. tjead dmitez Mike Borno Mayor 44, Donna L. Bartle, CMC City Clerk *Formal action(if needed)will be taken at the Commission Meeting of July 8,2013.