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Draft Min 5-27-08MINUTES REGULAR CITY COMMISSION MEETING May 27, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bartle Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Special Called Impasse Hearing on May 5, 2008 and the Regular Commission Meeting of May 12, 2008. Motion: Anarove the minutes of the Special Called Impasse Hearing on Mav 5, 2008. as written. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Motion: Aaarove the minutes of the Regular Commission Meeting of Mav 12, 2008. as written. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Claire Fair, 435 Selva Lakes Circle, addressed the Commission regarding the wetlands being destroyed and asked why it was necessary. Maria Mark,1i48 Linkside Drive, stated she was speaking also on behalf of her neighbor, Glad Allen. She gave a slide presentation regarding the rezoning of the Selva Preserve as it relates to the Comprehensive Plan and pointed out reasons she believes this rezoning is not consistent with the Comp Plan. She stated because of these reasons she is now against the rezoning. Mav 27.2008 REGULAR COMMISSION MEETING Page 2 Steven Kuti,1132 Linkside Drive, stated he was speaking at the request of former Mayor Don Wolfson who could not attend tonight. He stated Mr. Wolfson was requesting through him that the decision on the Selva Preserve agenda item be postponed until the next meeting when Mr. Wolfson could attend and present his supporting documentations and testimony regarding the history of the property and the intent and agreement of the original owner. He stated Mr. Wolfson asked him to request the Commission to defer from voting on the rezoning application until the next Commission meeting when he will be present to provide the evidence why it should not be approved. Mr. Kuti also addressed the Commission regarding the voting districts. R.D. deCarle, 51 Beach Avenue, addressed the Commission regarding the suggestion of allowing vendors on the beach, stating this may become something that cannot be regulated and he is against this proposal. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly Building Report and Financial Report for Apri12008. B. Approve the Loca1630 Blue Collar union contract for the period October 1, 2007 through September 30, 2008. C. Approve the Local 630 White Collar union contract for the period October 1, 2007 through September 30, 2008. Mayor Meserve read the Consent Agenda. Motion: Aunrove Consent Agenda Items A, B, & C as read Moved by Borno, seconded by Fletcher. MaY 27.2008 REGULAR COMMISSION MEETING Page 3 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports S. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 08-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING A SECOND DEFERRED RETIREMENT OPTION PROGRAM (DROP) PLAN TO SEPARATELY ACCOUNT FOR POLICE OFFICER AND GENERAL EMPLOYEE BENEFITS; CHANGE THE PLAN NAME OF THE EXISTING DROP PLAN; AND, CHANGE THE DESIGNATED PLAN COORDINATOR OF THE EXISTING DROP PLAN Mayor Meserve explained this is a type of scrivener change that requires the two separate plans be listed separately. Motion: Aoarove Resolution No. 08-07. as read Moved by Parsons, seconded by Fletcher. Commissioner Borno stated this also needs to read that it authorizes the City Manager to sign the administrative service agreement and other related documents. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-08-205, Public Hearing and Final Reading AN ORDINANCE TO CONSIDER AN APPLICATION TO REZONE APPROXIMATELY 7.2 ACRES OF PROPERTY FROM CONSERVATION (CON) TO RESIDENTIAL, SINGLE-FAMILY (RS-1) TO PERMIT THE FUTURE DEVELOPMENT OF A MAXIMUM OF SIXTEEN (16) SINGLE-FAMILY RESIDENTIAL LOTS WITH ASSOCIATED ROADWAY, DRAINAGE, BUFFERS AND CONSERVATION AREAS FOR A PROJECT TO BE KNOWN AS SELVA PRESERVE, AND LOCATED NORTH OF 11TH STREET AND EAST OF LINKSIDE DRIVE. THIS SITE IS CURRENTLY UNDEVELOPED AND HAS A RESIDENTIAL, LOW DENSITY (RL) FUTURE LAND USE DESIGNATION AS ESTABLISHED BY THE ADOPTED COMPREHENSIVE PLAN FOR THE CITY OF ATLANTIC BEACH. (FILE NUMBER REZ-2007-01) Mav 27.2008 REGULAR COMMISSION MEETING Pace 4 Mayor Meserve read Ordinance No. 90-08-205 by title only. Motion: Aaarove Qrdinance No. 90-08-205 as read (Please note• Vote includes clarification lansua~e as egulained below.) Moved by Borno, Seconded by Fletcher Mayor Meserve asked City Attorney Alan Jensen to explain the legal process of the rezoning application. Mr. Jensen stated the process is the rezoning, which is a two step procedure: (1) do the applicants meet the procedural requirements and (2) is their proposal consistent with the Comprehensive Plan. He stated the Commission must base their decision on the competence of substantial evidence as presented to them by the developers, etc. He stated they are acting in a quasi judicial capacity and it is not appropriate for the Commissian to ask for something in exchange for something, i.e. engage in contract zoning. He further stated their decision cannot be based merely on the desires of the majority of the people who support or oppose a particulaz position. He stated if the zoning application is approved tonight, they aze not approving the number of lots to be developed. Mayor Meserve opened the Public Hearing. Laura Ferrante, 248 Levy Road, Partner, 5elva Preserve, LLC, representing the applicant, objected to Maria Mark's testimony stating she is not a planning expert. She stated their planning expert, Michael Herzberg, has addressed the goals, objectives and policies and has stated they all have been met by their proposal. She further stated she believes they have shown competent substantial evidence that their request is consistent with the comprehensive plan. She stated the burden is now on the City to show that there is a legitimate purpose in keeping the zoning designation exactly where it is and the City cannot be arbitrary or unreasonable. Robert John, 600 Selva Lakes Circle, spoke against the rezoning, citing traffic and drainage will be adversely affected. Kevin Gartland, representing Alice Gartland, 1140 Seminole Rd., spoke against the rezoning, stating the wetlands should be mitigated onsite. Steve Manis,1135 Linkside Court West, spoke in opposition to the rezoning, stating wetlands and flooding as his reasons. Maria Mark, 1148 Linkside Drive, continued her slide presentation, after stating she believed Ms. Ferrante striking her testimony was inappropriate since this is a public hearing and she does not have to be an expert to speak. She further asked that any ex parte communications be disclosed by the Commission. Sally Clemens, 1638 Park Terrace West, stated the concerned citizens who spent time and talent in research for this proposal should be congratulated and thanked them. No one else from the audience spoke so the Mayor closed the Public Hearing. 27, 2008 REGULAR COMMISSION MEETING Page 5 Commissioner Fletcher disclosed he has had conversations with seven or eight people and has spoken with Laura Ferrante, but did not reflect on, discuss, or comment on the evidence they are looking at. Mr. Jensen stated they need to get more specific, stating who they spoke with and what they talked about Mr. Fletcher stated emails are all in public record. He added that voice mails were exchanged with Dave Sliwinski and Steve Manis. Most of it was done in writing and is all is the public record. He stated he copied the City Clerk on every piece of correspondence that went out on this. Commissioner Woods disclosed she has had conversations with Maria Mark, Steve Manis, Kevin Gartland and Alice Gartland concerning this project. She also disclosed she spoke with David Miracle of 5t. Johns River Water Management District and Connie Webel of Duval Department of Environmental Protection about general policy concerning wetlands. She stated she did not discuss what project or site. Mayor Meserve disclosed he has had conversations with Alice Gartland and Pete Rodrigues (non-substantive, here tonight). Commissioner Woods stated unless this project is going to provide all mitigation on site, then the Commission is not abiding by the requirements of the Comp Plan. She stated the only thing the Commission can do is require that there is a net gain in wetland value and wildlife habitat value so the requirements of the Comp Plan are met. She stated she would like to add that as a condition. Mayor Meserve responded you cannot do contract zoning. It is not legal for the Commission to require conditions for granting a zoning change. The Commission must decide on the rezoning based on whether the applicant has met the conditions. He stated, therefore, he will vote for the rezoning. Commissioner Woods stated there are conditions listed in the Ordinance and asked what is the difference between a condition of all mitigation on site and all the other conditions that aze already in the Ordinance. She stated she does not consider that contract zoning. Sonya Doerr explained the existing conditions had been offered in working with the applicant for the better part of a yeaz. She stated when conditions are offered by an applicant to demonstrate consistency with the plan, that is acceptable, it is not considered contract zoning. Commissioner Borno asked if the property was currently for sale or will be after the rezoning. Ms. Ferrante stated no, they will be developing the property. Commissioner Fletcher stated after reviewing the rezoning request, he believes this is consistent with the Comp Plan. Ms. Doerr read a clarification to be added for Condition 2 (which is attached and made part of this Official Record as Attachment A). Commissioner Pazsons explained they aze here tonight only for the zoning approval and he stated will vote for it. Mav 27.2008 REGULAR COMMISSION MEETING Page 6 Commissioner Borno stated during the review anything proposed will have to be a zero affect on the stormwater. Mayor Meserve called for a vote. Ms. Doerr asked if this includes the clarification she read for Condition 2. He stated it does include the clarification. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve stated this will come back to the Commission several times and assured those who made comments and suggestions they will be considered as this process goes forward. B. ORDINANCE NO.5-08-50, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, BY ADDING ARTICLE VIII. EMERGENCY MANAGEMENT, TO PROVIDE FOR AN EMERGENCY MANAGEMENT PLAN IN THE EVENT OF DISASTERS OR EMERGENCIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 5-08-50 by title only. Motion: Anarove Ordinance No 5-08-50 as read. Moved by Fletcher, seconded by Borno Mayor Meserve opened the Public Hearing; no one from the audience spoke so he closed Public Hearing. Votes: Aye: S - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 5-08-49, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 2, PURCHASING, SECTION 2- 331, WHEN BIDS ARE REQUIRED, TO INCREASE THE BID THRESHOLD, AMENDING SECTION 2-336, EXCEPTIONS, ADDING AN ADDITIONAL EXCEPTION, AMENDING SECTION 2- 337, OPEN MARKET PROCEDURES, RAISING THE AMOUNT FOR WHICH NO ADVERTISING I5 REQUIRED, AMENDING SECTION 2-338 SCOPE OF PURCHASING AUTHORITY TO INCREASE THE CITY MANAGER'S AUTHORITY FOR DOLLAR LIMITS, AND TO PROVIDE AN EFFECIVE DATE May 27.2008 REGULAR COMMISSION MEETING Page 7 (Ordinance to Increase Bid Threshold) Mayor Meserve read Ordinance No. 5-08-49 by title only. Motion: Aaarove Ordinance No. 5-08-49 on first reading as read Moved by Borno, seconded by Parsons. City Manager Jim Hanson explained this increases the limit set for formal bids from $10,000 to $25,000. He stated as inflation has increased since the $10,000 limit was set, it often costs between $350-650 just for the newspaper ads to advertise a bid. He stated this is to save the City some money. Commissioner Fletcher stated he was only concerned there will be controls to preserve the integrity of the bid process. Mr. Hanson assured him there will be. After further discussion, Mayor Meserve called for a vote. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. International Property Maintenance Ordinance Update. Building Official Mike Griffin, explained the updates to the 2006 Property Maintenance Code. Motion: Direct Staff to Preaare Ordinance to Adoat the Proaerty Maintenance Code Update Moved by Fletcher, Seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Information and discussion related to possible regulation of rental properties as part of the Mayport Corridor Revitalization effort. Sonya Doerr explained the options suggested by staff and gave credit to Erika Hall for her efforts on this project. Ms. Doerr asked for direction on how to proceed. Commissioners Borno, Fletcher and Parsons stated they support Option 3. Commissioners Borno and Fletcher stated they believe it should be city wide. Commissioners Parsons and Woods stated this should start in the Mayport Corridor. Mav 27.2008 REGULAR COMMISSION MEETING Pale 8 Dale Hatfield stated he believes the City needs a rental inspector and believes it should be city wide, in phases, going where they know they have problems first. Mayor Meserve stated this is not punitive, but rather it is meant to enhance neighborhoods which aze becoming more consumed by rental properties. He stated the message will be the City is gaing to do positive things in those neighborhoods to give the landlords a reason they can charge a little more rent, which will let them put more money into fixing up their property. Mr. Hatfield stated there aze also some landlords out there who don't do what they need to do for the renter, so it will benefit the renter as well. It was the consensus of the Commission to direct staff to proceed with Option 3, implementing a full city wide rental inspection, beginning in a target area of the City. C. Yard Waste Requirements. Public Works Director Rick Carper explained the language for the requirement for yard waste was erroneously omitted from the second reading of the sanitation ordinance and recommended the change be restored, as intended. After discussion, staff was directed to bring back the sanitation ordinance with the omitted language for action by the Commission. D. Atlantic Beach Voting Districts. City Manager Jim Hanson stated that staff needs direction on (1) how they want the precincts changed so they are equalized in accordance with the law, (2) residency requirements, and (3) assignment of commission seats to the various precincts so they can prepare an ordinance. Commissioner Parsons explained his proposal for the new precincts. Mayor Meserve stated he believes this proposal is jerry wandering and since the will of the people was to give the disenfranchised citizens a chance to get a person from their own district elected, any scheme that goes north, south, east or west with an arbitrary line is not in keeping with what the people voted to do. Commissioner Fletcher agreed it is impossible to draw lines from east to west without the appearance of jerry wandering. Commissioner Woods stated she had complete faith in Jerry Holland, Jim Hanson and Donna Bartle to represent the City in its best interest and is in favor of their proposal. It was the consensus of the Commission to direct staff to go with their recommendations for the precinct boundary changes and residency requirements (must be a registered voter upon qualification, live in the Mav 27 200 REGULAR COMMISSION MEETING Pale 9 precinct for a year and remain living in the precinct during time in office). The Commission designated 13F and 13S as the districts up for election, which will be assigned Seats 4 and 5, respectively. E. Pension Committee Report (Alan Jensen left the meeting at 8:34, returned at 8:38.) Commissioner Borno explained this is a progress report of things that have transpired and stated it is a very good summary. He stated this report will help during budget planning. City Manager Hanson stated the budget workshops will be in August. F. Ice Cream Vendors Commissioner Woods explained her proposal and, after discussion, it was the consensus of the Commission to not go forward. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the State Code requires handrails be placed on any beach walkover structure over 30 inches above ground level. Our Code states you can't put handrails on walkovers, which conflicts with State regulations that take precedence over local ordinances. He stated he is looking for guidance from the Commission as to what to do. Mayor Meserve stated he would suggest all walkovers be built according to State rules, not City regulations, and directed the City Manager to bring this back for approval. Mr. Hanson also asked for interpretation of the City code as it relates to allowing the City Manager to grant permits for up to four festivals in one year for the consumption of beer and wine and the possession of open containers of beer and wine upon public properties. He asked if neighborhood block parties should be included in that limit of four festivals for his authorization as it relates to the consumption of alcohol. It was the consensus of the Commission that block parties should not be included in this authorization limit. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Commended Public Works for the quick action on the water main break at 10th and Ocean. Commissioner Parsons • Suggested helping with the control of mosquitoes by having the Recreation Department make and install bat houses and purple martin houses around the City. Mav 27, 2008 REGULAR COMMISSION MEETING Page 10 Mayor Meserve • Regarding these zoning issues, he urged the Commission to do their homework and vote the law. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:51 pm. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk ATTACHMENT A Green underlined text is new proposed language to be added to this condition clarifying that the Conservation Areas are to be maintained in a natural state. Condition 2: In order to maintain wildlife habitat and to protect and enhance jurisdictional wetlands and their functions, the areas of undisturbed natural buffer, substantially represented as Conservation Areas on the Applicant's conceptual Site Plan, which is part of the application for rezoning, shall remain in a natural state, except for such activity as may be required to enhance, restore or create wetlands in accordance with permitting and regulatory review by DEP, the USCOE and the SJRWMD, or to remove fallen trees and debris in the process of restoring wetland, hydrologic and drainage functions. Any such activity shall be subject to approval by the City's Director of Public Works. Such approval shall not be unreasonably withheld if the DEP, USCOE and SJRWMD have authorized by permit, such work authorized above. A legally binding instrument, with final boundaries established by the above regulatory agencies, and as substantially represented as Conservation Areas in terms of depth and area on the Applicant's conceptual Site Plan shall be recorded 45 days prior to the commencement of any alteration or work in the Conservation Areas to ensure that these areas remain undeveloped and in a natural state. The explicit intent of this Condition is that these Conservation Areas shall remain in a natural wooded state and not later converted to landscaped lawns. Alteration of this area shall be limited only to that required as part of the wetland and stormwater permitting process as well as the clearing of under-story vegetation that is less than four(4) feet in height, fallen vegetative debris and dead trees, or trees that have been arborist certified to be dying or a danger to property or persons The Conservation Areas shall otherwise remain in their natural state in perpetuity, pursuant to approved permits and easements of the SJRWMD and the recorded Final Subdivision Plat.