Draft Min 12-12-05
~.
MINUTES
REGULAR CITY COMMISSION MEETING
December 12, 2005
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson City Manager Jim Hanson
Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey
Commissioner Mike Borno City Attorney Alan C. Jensen
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation,
given by Commissioner Waters, was followed by the Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
November 28, 2005.
Commissioner Simmons requested that the last paragraph of Item 8G on
,~, page 19 be changed to read that "It was the consensus of the Commission to
place any referendum items on the November 2006 ballot..." rather than
"... to place the three referendum items...".
Motion: Annrove the minutes of the Regular Commission Meeting on
November 28, 2005 as amended.
~.
Moved by Borno, seconded by Waters
Votes:
~,,, Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson welcomed former Mayor Suzanne Shaughnessy to the
meeting.
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Mayor Wolfson announced that the Courtesy of the Floor to Visitors will be
limited to discussions on any items other than Item 8A. He explained that
~* the public hearing portion of that item has been closed but that the quasi-
judicial hearing for it will recommence after the Courtesy of the Floor.
*~ Woody Winfree, 335 Third Street, spoke in support of the moratorium
being proposed in Item 6B. She spoke from personal experience and
expressed that this action would be a good step for property owners and for
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December 12 2005 REGULAR COMMISSION MEETING Pase 2
the community at large. She believed that single-family homes lead to
more stable and less transient neighborhoods and are in the best interest of
the community.
Richard Ouellette, 1060 Seminole Road, applauded the Commission for'
considering a moratorium on lot division. He also recommended a similar
moratorium on new building permits until the adoption of the code changes
proposed by the recent study.
Benjamin Brown, Jr, 457 Sailfish Drive East, addressed the situation at
his house and his inability to pay the monthly code enforcement fines
*^ imposed upon him. He expressed that he has discussed the issue with the
City Manager but can not afford to sell his house, as suggested. He
indicated that he will be attending the Code Enforcement Board meeting on
'""" January 10, 2006 and would like to see his fines reduced.
Michael Hoffmann, 176 Camelia Street, indicated he had two matters to
address. First he discussed the City-owned property around Atlantic
Boulevard and West 1St Street and noted that residents have requested that
an urban forester provide suggestions for creating a better buffer for that
area. He reported that he recently called the City of Jacksonville and spoke
with Larry Figart, an urban forester with the Florida State Extension
Services. Mr. Hoffman noted that Mr. Figart would be able to examine the
situation there and provide suggestions on how the City of Atlantic Beach
could enhance the natural sound barriers of that area. Mr. Hoffman asked
that the City pursue this and provided Mr. Figart's contact information to
the City Clerk. Mr. Hoffman also addressed the issue of installing
sidewalks in the City. He commended the City for creating a prioritized list
for the areas which need new sidewalks the most. He made suggestions for
the sidewalk situations in various areas of the City, specifically on West 3~a
Street, West Plaza and West 10th Street.
Kevin Bodge, 336 Twelfth Street, discussed the issue of granting
variances and approvals for land division and development in the City. He
noted that any fatally defective application for such requests should be
dismissed and the applicant should be given the opportunity to correct the
defect and reapply properly. He discussed the subject of potential lawsuits
and indicated that public citizens and developers alike have the same legal
rights to challenge a governmental action. Thus, Mr. Bodge believed that
the potential of a lawsuit against the City should be irrelevant in the
decision-making process.
Jane Wytzka, 352 Second Street, encouraged the Commission to hire the
Winter Group to finish the City's community character project. She
discussed the results from her research regarding how much building has
occurred in the City since the Commission first addressed the community
character issue. She indicated that the Winter Group is well-equipped to
assist Atlantic Beach with retaining its character and incorporating the tree
ordinance. Ms. Wytzka referred to other cities that have successfully
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December 12, 2005 REGULAR COMMISSION MEETING Pa e 3
handled similar situations and urged the Commission to spend the needed
funds to finish this project which began in April 2004.
Bob Liggero, 389 Twelfth Street, spoke on Item 6B and applauded the
Commission for their proposal of a moratorium on land division. He `
""" compared the subdivision of large lots into smaller lots with dividing a large
diamond into smaller diamonds and noted that the larger one would be the
most preferred gem.
Agenda Item 8A was taken out of sequence and acted upon at this time
"""" 8. Miscellaneous Business
A. Request to replat a portion of Block 1 within Unit 1 of the Selva
Marina subdivision, including all of Lot 33 and portions of Lot
32 and Lot 34 for the purpose of creating three single-family
residential tots ranging in size from 8167 square feet to 12,884
square feet in Lot Area. This property is located at the
northwest corner of 12th Street and Selva Marina Circle (City
Manager)
Mayor Wolfson noted that it was two weeks ago that the Commission was
notified that this agenda item was a quasi judicial hearing. He clarified that
the specific procedures for such a case were not provided to them until they
had sat down at that meeting. He also explained that all the public input
and comments for this item were received at the previous meeting and that
~, the hearing was recessed in order to allow the Commission time for further
research and study of the ordinances cited. The Mayor then reopened the
hearing for the Commission to continue.
Mayor Wolfson asked City Manager Hanson for any comments. The City
Manager summarized that this hearing was a consideration of a request to
subdivide one lot into three lots. He reiterated that, after the testimony of a
number of people at the last meeting, the Commission deferred their
decision in order to review Florida State Statutes, specifically Statute 177
regarding replats.
Mayor Wolfson asked the Commission for their comments.
Commissioner Borno inquired if they should make their ex pane disclosures
at that time. Mayor Wolfson responded that the City Attorney had advised
~.• that the list of disclosures would be made public prior to casting their votes.
Commissioner Waters stated that he did not believe that the request was
~* consistent with Goal A.l of the City's future land use element which
maintains the distinct residential community character for its
neighborhoods. He noted that many people spoke to that effect at the
*- previous meeting and thus he wished to ensure that the recorded audiotapes
of that meeting were entered into this meeting's proceedings for future
reference. He proceeded to discuss the public comments from that meeting.
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December 12, 2005 REGULAR COMMISSION MEETING Paae 4
At this point, the Mayor noted the need for a motion and a second before
further discussion ensued.
Commissioner Fletcher asked if it would be appropriate to introduce the `
new information received by the Commission that evening.
City Attorney Jensen responded that even though they each received new ex
~"" parte communications, their decisions had to be based on only the evidence
that was presented at the last meeting. Therefore, they could acknowledge
receipt of the new information but could not use it for the basis of their
'" decision.
Commissioner Fletcher asked for further clarification. Mr. Jensen
explained that under court rules, only new evidence that could not have
been reasonably discovered prior to the last meeting could be allowed to be
entered as newly presented evidence at this point. He advised that the new
information given to the Commission that evening was public record and
could easily have been presented at the previous meeting.
The Mayor then made a motion, seconded by Commissioner Fletcher.
Motion: To denv the request for the repl~t at the northwest corner of
12th Street and Selva Marina Circle.
~ Mayor Wolfson stated he had conducted significant research over the last
two weeks and proceeded to share the information he gathered which
supported his motion for denial. This information is presented in the
„~ attached document, which is made part of this official record as
Attachment A.
,~„ In reviewing his supporting information, the Mayor stressed the point that
in the event of inconsistency between the requirements of any Zoning or
Land Development Regulations, the provisions of the Comprehensive Plan
,~. shall prevail. He then reviewed the specific goals and objectives of the
Comprehensive Plan and indicated that the proposed replat is not consistent
or compatible with those items.
Mayor Wolfson also emphasized the importance of considering Section 24-
205(3) of the Code, in its entirety. He indicated that a partial interpretation
of this section incorrectly leads one to believe that a property owner is
entitled to approval once he/she meets the land development regulations.
The Mayor pointed out that the Code states that approval or denial by the
+~ City Commission rests not only with procedural compliance with the
required certifications and specific requirements, but also with compliance
with provisions of Article IV and other applicable policies, ordinances, laws
~. and regulations.
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December 12, 2005 REGULAR COMMISSION MEETING Pase 5
Mayor Wolfson also referred the Commission to Florida State Statute '
177.101(3) which requires the vacation of apre-existing plat prior to
~" approval of a re-subdivision of the lots. He did not find evidence that the
applicant had requested this and pointed out that the Selva Verde
subdivision lots were platted in 1951. In summary, the Mayor noted that '
the Commission is hearing the case of a developer who is asking to
redevelop a fully developed neighborhood, to replat a subdivision within a
mature, built-out development. He emphasized the Commission's
`~" responsibility to uphold the law and to act in anon-political manner.
Commissioner Waters stated that he was not familiar with the new
°'" information presented that evening and inquired if Commissioner Fletcher
could present it to them. City Attorney Jensen advised that the
Commission could acknowledge receipt of the information, a letter from
"~ Kevin Bodge, but that it was not appropriate to read the information into the
record. Further discussion ensued clarifying the issues surrounding ex parte
communication and the evidence for basing a decision.
~.
Commissioner Borno thanked the Mayor for his summary and asked the
City Attorney if the City's ordinances support the City's Comprehensive
~. Plan. The City Attorney responded that the ordinances implement the goals
and directives of the Comprehensive Plan and that the City's Community
~ Development Director could find no inconsistencies in the application with
the land development regulations or with the Comprehensive Plan.
~„ Commissioner Fletcher informed the Commission that he has a report
summarizing his research and asked the City Clerk to distribute copies to
each of them. This report is attached and made part of this official
,~„ document as Attachment B. He indicated that there exists confusion
regarding the role of the Comprehensive Plan in their decision and
regarding the consistency of the replat request with the Comprehensive
,~, Plan. He then proceeded to read through his report. He reiterated Florida
Statute Chapter 163 which stated that the Comprehensive Plan takes
precedence over any inconsistency with the requirements of any zoning or
land development regulations. Therefore, he concluded that the
Comprehensive Plan is clearly to be considered in their decision. He then
reviewed the information supporting his belief that the evidence for this
~• replat request is inconsistent and incompatible with the present
Comprehensive Plan. In summary, Commissioner Fletcher concurred with
the Mayor's motion.
Commissioner Waters stated that this request does not support the rights,
expectations, investments and quality of life of the neighboring properties
as voiced by those property owners at the previous Commission meeting
and at the Community Development Board meeting of November 2005. He
requested that the City Clerk submit the tapes from these meetings in the
record of proceedings. City Attorney Jensen asked for clarification and
indicated that the evidence is closed and no further evidence can be
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December 12, 2005 REGULAR COMMISSION MEETING PaEe 6
submitted. He noted that once the minutes of the meetings are adopted
those minutes become the official record.
Commissioner Waters asked that the tax record mentioned be put in the
record as well. He noted that the tax record shows that the taxes paid for
~'" this lot have always been for a single family residence on a single lot.
There were no further comments or discussion and the Mayor called the
~'" question and asked for a roll call vote (to deny the request to re lp at a portion
of Block 1 within Unit 1 of the Selva Marina subdivision including all of
Lot 33 and portions of Lot 32 and Lot 34 for the purnose of creatin three
"~ single-family residential lots ran ing in size from 8167 square feet to
12,884 square feet in Lot Area. This property is located at the northwest
corner of 12th Street and Selva Marina Circle)
~.
Moved by Wolfson, seconded by Fletcher
Votes:
Aye: 4 -Fletcher, Simmons, Waters, Wolfson
Nay: 1- Borno
MOTION CARRIED
~.
The quasi judicial hearing was reopened in order to receive the ex parte
~.
communications in the record. The Mayor called on each commissioner to
read their list of ex parte communications for the record. These lists are
~„ attached and made part of this official record as Attachment C. The Mayor
then closed the quasi judicial hearing.
At 8:25 p.m. Mayor Wolfson called a one minute break to allow people to
leave the meeting.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson referred the Commission to his written report,
which is attached and made part of this official record as Attachment D.
His report addressed the following topics: pending staff reports and the
Adopt-A-Tree program. He specified that the pending reports address the
issues of Post Office boxes, Public Safety at Tideviews, and Park Rules.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Building Department Report, Utility
~"' Sales Report, Public Works and Utility Department Report and
New Occupational Licenses Report for November 2005 (City
Manager)
December 12, 2005 REGULAR COMMISSION MEETING Pa e 7
B. Award a contract for Construction of the Ocean Blvd -13rn ,
Street Drainage Improvements including Additive Alternate 1 to
Callaway Contracting Inc. in an amount not to exceed
$132,437.56 and authorize the City Manager to execute the
agreement for construction services on the City's behalf (City '
Manager)
Motion: Approve Consent Agenda as presented.
Moved by Simmons, seconded by Borno
"' Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
~' MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Changes to the Board Member Review Committee (Mayor)
~ Mayor Wolfson thanked the Commission for their suggestions and
comments on this item's resolution. He suggested moving forward with the
changes, due to the urgency and need to appoint members to vacant
~„ positions in order to ensure the Boards and Committees are complete.
Commissioner Simmons informed the Commission that, after consulting
,~,,, with the City Manager and City Attorney, it was determined that they could
consider the option of allowing the cuiTent seated board members, if they
are willing, to continue their terms until the resolution can be completed.
~„ She noted that this would alleviate the urgency to finalize the language of
the resolution before any board members' terms expired in December. She
also suggested that the resolution be brought to the strategic planning
~,. workshops in order to discuss and to make decisions on it.
Discussion was initiated regarding some of the proposed changes to
~. Sections two and three of the resolution. Commissioner Simmons noted
that this was a complex process and that there were some areas of the
resolution where the Commission had a difference of opinion. She
suggested it would be better approached in a workshop setting.
Motion: To defer the resolution to the strategic planning workshop
with a facilitator to help guide the Commission through the process.
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December 12.2005 __ REGULAR COMMISSION MEETING Pa e 8
Moved by Simmons, seconded by Fletcher
Votes:
a. ~ Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED i
Commissioner Simmons then made a second motion.
'"' Motion: To continue the terms of the seated board and committee
members whose terms might be due to expire prior to the completion
of the resolution until such a time when it is finalized.
.~.
Commissioner Borno asked for a more definite time frame for completion
of this item. Commissioner Simmons proposed a timeline beginning with
"'"' discussion of the item during the strategic planning workshops scheduled
for February ls` and 2°d, 2006, and then the Board Member Review
Committee could schedule their next meeting the third Thursday in
'"" February. Commissioner Waters spoke against overloading the strategic
planning workshops with this type of issue. The question was called.
'~ Moved by Simmons, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
.,.
Nay: 0
MOTION CARRIED
Agenda Items 8F and 8G were taken out of sequence and acted upon at this
~,, time due to the appropriateness of discussing those items prior to addressing
the moratorium issue in Item 6B.
~„ SF. Discussion of possible creation of a new Single-family
Residential Zoning District ciassification consistent with certain
areas of the City, which contain typical lots larger than those
~, required by the RS-1 Zoning District (City Manager)
City Manager Hanson explained that, at the request of a Commissioner at
~. the previous meeting, City staff has prepared a description of a new
residential zone that would require larger lots than other existing residential
zones. He noted that the suggested description would include a 10,000
~. square foot minimum area with a 100 foot minimum requirement for lot
frontage and depth. He explained that if this description was adopted into
the Code, the Commission would then have.to designate which areas of the
City would be included in the new zoning district. He indicated that first,
the issue would have to go before the Community Development Board, and
thus, the Commission needed to decide whether or not to refer it to them.
Motion: To seek input from the community and to proceed with the
processes described in the staff report, includinE the review and
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December 12, 2005 REGULAR COMMISSION MEETING Pa e 9
recommendation from the Communitv Development board relative to a
new single family residential zoning district classification.
Moved by Simmons, seconded by Borno
Commissioner Fletcher suggested adding agenda item 8G to the motion.
Commissioner Simmons stated that the two items needed to be acted upon
separately.
Commissioner Borno expressed his concern with whether the 100 square
foot minimum dimensions would be sufficient for preventing large lots in
~"' other areas from being subdivided. He asked that, during their
considerations of this item, the Community Development Board review the
square footage of existing platted legal lots in the City so that all the
~" appropriate areas are included.
Votes:
""~ Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
,~
8G. Revision to Chapter 24, Land Development Regulations, Article
a. IV, Subdivision Regulations to remove the administrative
approval for certain types of lot divisions (City Manager)
'~ City Manager Hanson noted that consideration of this issue was another
request by a Commissioner at the previous meeting. He explained that this
would amend Section 24-189 of the code that provides for the
administrative approval of the subdivision of one lot into two lots. He
stated that the proposed change would require all lot subdivisions to go
,~ through the full replatting process and come before the Commission for
approval. He noted that the Comrriission has to decide if t'-~ey would like to
have this item referred to the Community Development Board for further
~„ consideration.
Mayor Wolfson asked if Community Development Director Sonya Doerr
~„ had any assistance with this first draft. City Manager Hanson noted that
both he and the City Attorney had an extensive discussion of this matter
with Ms. Doerr before she had to go on medical leave.
Motion: To refer revision to Chapter 24, Land Development
Regulations, Article IV, Subdivision Regulations, removing the
~, administrative approval for certain types of lot divisions to the
Communitv Development Board for review and recommendation.
..
Moved by Borno, seconded by Fletcher
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December 12, 2005 REGULAR COMMISSION MEETING Pa a 10
Commissioner Fletcher noted that referral to the Community Development
Board is required per statute. Commissioner Borno requested that, in
.. addition to the Community Development Board reviewing certified surveys
with the new actions, they also be provided the title search for their review.
i
""" Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
~" MOTION CARRIED
~"' 6B. Resolution No. OS-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
IMPOSING A MORATORIUM ON DIVISIONS OF LAND, AND
~` PROVIDING AN EFFECTIVE DATE.
City Manager Hanson explained that this item is a proposed moratorium on
the re-subdivision of property parcels until the previous two items have
been resolved.
Motion: Approve Resolution No. 05-14 as presented.
Moved by Borno, seconded by Waters
Commissioner Simmons inquired how many divisions of land have been
,~„ requested in the last few weeks since the idea of the moratorium was first
suggested. Building Official Don Ford responded that the Building
Department received approximately 21 inquiries on the subject and 8
,~, requests who turned in the necessary paperwork.
Commissioner Fletcher brought up information he researched regarding
moratoriums in the Tahoe/Sierra area which allowed for more broader
moratoriums.
~. Amended Motion: To include the following three proposed
development standards as specified by Mr. Winter to the moratorium:
1): a building coverage maximum, 2) a floor area ratio maximum, and
~• 3) a side wall plane maximum.
Commissioner Fletcher provided the specific details of each of the proposed
standards and explained that these three standards would help prevent the
"McMansion" problem in the City.
Moved by Fletcher
Amended Motion failed due to lack of a second.
The question was called (to approve Resolution No. OS-14 as presented).
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December 12, 2005 REGULAR COMMISSION MEETING Pa a 11
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
°" A. Ordinance No. 90-06-188, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH
~"" CODE OF ORDINANCES, THE LAND DEVELOPMENT
REGULATIONS, SECTION 24-17, DEFINITIONS, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Wolfson read the ordinance by title and asked Rick Carper, Director
of Public Works, to present the background on this item. Mr. Carper
reported that current city land development regulations exclude the water
surface area of a swimming pool from being considered as part of the
impervious surface area of a lot. He reviewed the findings of his research
into other neighboring cities regarding this issue.
Motion: Approve Ordinance No. 90-06-188 on first reading.
Commissioner Simmons asked if this ordinance also included a change in
the definition of pavers in their relation to impervious surface. Mr. Carper
responded that the change in the definition on pavers is a clarification
stating that the pavers must be installed on sand surface with no impervious
~, liner below them. He also noted another addition stating that the 50%
impervious surface area requirement also applies to PUDs.
~„ Commissioner Waters asked if pavers would continue to be allowed a 50%
impermeability surface designation. Mr. Carper confirmed this.
Commissioner Waters suggested that the City consider changing that soon
~„ as well.
Commissioner Fletcher continued to discuss the specifics regarding pavers
and the 50% impervious surface area requirement. Mr. Carper responded to
his questions addressing this subject.
.~. Commissioner Fletcher asked the City Attorney if the 50% impervious
surface area can be applied to exceptions given in the past. City Attorney
Jensen advised it would be difficult to retroactivate this requirement. Mr.
Carper provided further explanation on how the 50% ISA limit is applied to
requests and clarified the preconstruction issue on the subject.
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December 12, 2005 REGULAR COMMISSION MEETING Pa a 12
~.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request to replat a portion of Block 1 within Unit 1 of the Selva
Marina subdivision, including all of Lot 33 and portions of Lot
32 and Lot 34 for the purpose of creating three single-family
residential lots ranging in size from 8167 square feet to 12,884
square feet in Lot Area. This property is located at the
northwest corner of 12th Street and Selva Marina Circle (City
Manager)
This item was taken out of sequence and acted upon earlier in the meeting.
B. Possible Use of Winter & Company for additional services to the
Community Character Project (Commissioner Simmons)
Commissioner Simmons referred to the historic timeline provided for this
item in the Commission's agenda packet. She pointed out an error in that
document, stating that July 12, 2005 should read as July 12, 2004. She
noted that this has been part of two consecutive strategic planning priorities
and has been proceeding slowly due to various circumstances. She
expressed the need to move forward with the project and proposed that the
City accept parts three and four from the original four-part Winter and
Company proposal. She explained that the previous Commission accepted
parts one and two and that both of those are now completed. Commissioner
Simmons referred the Commissioners to the figures and dollar amounts
associated with parts three and four which she distributed to the
,~„ Commission that evening. She explained the new components for the
Commission to consider and the anticipated end results from parts three and
four. She indicated that Mr. Winter would be enthusiastic to continue
~„ working with the City in order to finish the full process. Commissioner
Simmons pointed out that this would allow the City staff and
Commissioners to focus on other priorities as well.
Motion: To accept the new proposal by Winter and Company at the
cost of $63,860 and to authorize staff to negotiate for continuation of
the Community Character process throu>?h to its completion.
Moved by Simmons, seconded by Fletcher
Mayor Wolfson asked for clarification of the documents and information to
which Commissioner Simmons made reference. He noted that he had not
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December 12, 2005 REGULAR COMMISSION MEETING Pa a 13
yet reviewed the figures and dollar amounts due to the fact that they were
handed out by Commissioner Simmons just that evening, immediately prior
to the meeting. The referenced information is attached and made part of
this official record as Attachment E. Commissioner Simmons assisted in
explaining the information and reviewing the associated costs and expenses
'"" of the project. She noted that it would take very little budget revision to add
parts three and four to their plan.
~"" Commissioner Waters inquired what the anticipated final results would be
from this second stage. Commissioner Simmons responded that that they
anticipate having finalized design standards, revisions to Chapter 24 of the
~"" City Code, and a final tree ordinance. Further discussion ensued.
City Manager Hanson requested clarification of the motion and whether the
`"" intent was to have the contract on the agenda for the next meeting or to
authorize what they have and move ahead with it. Commissioner Simmons
expressed the need to authorize the City Manager to sign the contract they
""" have and move ahead with bringing Mr. Winter to the City in February.
Commissioner Borno expressed his support for the motion.
Mayor Wolfson questioned and addressed the intents and expectations of
the previous Commission when they originally began this process with
Winter and Company. Commissioner Simmons responded and provided
some of the background information. The Mayor stated the need for the
,~„ goals and objectives to be in alignment with the fees and costs being
presented. He agreed with Commissioner Simmons' concerns to move the
project forward but requested that the Winter and Company proposal be
~,, further clarified. Discussion proceeded addressing the specifics of the next
steps and anticipated results.
Commissioner Fletcher noted that the issue of community character is
critical to the citizens and expressed his strong support for the motion.
,., City Manager Hanson indicated that more work is needed on this contract
and that he has questions regarding it. He suggested that City staff work
with Winter and Company to bring back a draft contract to the Commission
~, with more specifics and details. Mayor Wolfson concurred with the need
for more detail and staff input before acting upon it.
Commissioner Simmons called the question and restated the motion.
Motion: To accept bringing Winter and Company back to fulfill the
** proposal and to authorize staff to work with Winter and Company to
draft a contract.
December__12, 2005 REGULAR COMMISSION MEETING Pa a 14
Mayor asked for clarification regarding the dollar amount included in the
original motion. It was agreed and clarified that the dollar amount would be
~' ~ left out of the motion.
Moved by Simmons, seconded by Borno .
~"" Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
'" MOTION CARRIED
C. Possible workshop to discuss rules of order for City Commission
meetings (Commissioner Fletcher)
Motion: To defer Item 8C.
Moved by Fletcher, seconded by Simmons
Mayor Wolfson asked for clarification of the length of time for the deferral.
Commissioner Fletcher rescinded his motion to defer.
,.
Motion: To table Item 8C.
Moved by Fletcher ,seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
~.
D. Budget Modification for Ped Paths (City Manager)
City Manager Hanson asked Rick Carper, Director of Public Works, to
present an overview on this item. Mr. Carper reviewed the information in
~. his staff report pertaining to last year's budget proposals for this item and his
recommendation to the Commission not to award the bids for these bike
paths due to the high construction costs. He indicated that, because of the
timing with the budget process, the money was placed into the General Fund
and the Half-Cent Sales Tax Fund and was not rolled over to the new
budget. He stated that he is now requesting that the money be reallocated to
the Public Works account for this project.
Motion: Approve a budget modification to transfer $58,000 from the
Half Cent Sales Tax Fund and $4,000 from the General Fund to
PW0404-Seminole Road Ped Path to allow for completion of Phase 1
and to approve the transfer of $30,000 from the General Fund for
'~' Proiects PW0504-Plaza Drive Phase 2 Ped Path, and as an additive
alternate, to fund Phase 2 (Oceanwalk Drive South and Ocean forest
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December 12, 2005 REGULAR COMMISSION MEETING Pa a 15
Drive North) requiring approximately $60,000 additional from the
General Fund.
Moved by Borno, seconded by Waters
Votes:
~' Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
E. Decorative Lighting for the 5 Point Intersection (City Manager)
Rick Carper, Director of Public Works, reviewed that the previous
Commission had approved the decorative lighting for the Five Points
'~" Intersection at their August 22, 2005 Commission meeting, with the
provision for JEA to install and maintain the system. He reported that since
-then JEA has stated that, due to various reasons, they will not maintain the
"~ fixtures as originally proposed with the Dark Sky fixtures. Mr. Carper
informed the Commission that, in light of this, he has researched the issue
further and recommends working with the Holophane vendor as the least
,~.
expensive option for installing the decorative lighting. He asked for
authorization for the City to contract directly with the lighting distributor to
purchase the poles, the fixtures, and the foundations and to use the City's
electrical contractor for the installation. As noted in his staff report, Mr.
Carper recommended that the City purchase the 16-foot poles rather than the
14-foot poles.
Motion: To follow the recommendation of staff and authorize direct
,~„ city acquisition of materials and installation of decorative lighting for
the Five Points intersection by the City's annual electrical contractor at
the cost of $32,500 plus $526.30 for the 16-foot poles.
Commissioner Borno discussed and suggested the need to include the
additional cost factors and fixtures involved with the 16-foot poles.
Commissioner Waters asked for clarification of the reasons for the City
assuming the maintenance of the lighting. Mr. Carper responded and some
discussion of the maintenance and fixture options ensued.
Commissioner Simmons pointed out the need to ensure that the palm trees
~• are taller than the height of the light poles so that the advantages of
downward lighting are not lost by lighting the tops of the trees. She was
informed that the trees are already over 16-feet tall.
Commissioner Fletcher asked for clarification of the $13,000 cost difference
for the decorative lights. Mr. Carper explained that the difference is due to
^~ the cost for their installation. Commissioner Fletcher verified that Mr.
Carper did not believe the maintenance of the lights to be a major cost issue
for the City. When asked if the Commission could chose the type of light
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December 12, 2005 REGULAR COMMISSION MEETING Paee 16
fixture, Mr. Carper noted that the previous Commission had already agreed
upon the Holophane design. He stated that the light pole at Ocean and 16`h
~* ~ Street is an example of the same design proposed for the Five Points
Intersection. Mayor Wolfson pointed out that the pole to which Mr. Carper
referred is peeling. The Mayor expressed concern with the pole's lack of
salt tolerance and stated he has a problem with choosing the same finish for
the Five Point Intersection poles. The Mayor discussed the extent of the
problem that the City of Jacksonville was experiencing with their light poles
'" peeling downtown and asked what information and specifications the City of
Atlantic Beach had to ensure that the same problem would not occur here.
Commissioner Simmons asked how the poles in Town Center avoided
""' peeling. Mr. Carper responded that the City paints them. Mayor Wolfson
withdrew his concern with the light poles as long as the City upholds the
maintenance process to keep them looking good.
Commissioner Borno asked if the motion included the additional cost for
the 16-foot poles. Mr. Carper confirmed that was the staff's
'~" recommendation.
Moved by Simmons, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
F. Discussion of possible creation of a new Single-family
Residential Zoning District classification consistent with certain
~„ areas of the City, which contain typical lots larger than those
required by the RS-1 Zoning District (City Manager)
This item was taken out of sequence and acted upon earlier in the agenda.
G. Revision to Chapter 24, Land Development Regulations, Article
IV, Subdivision Regulations to remove the administrative
approval for certain types of lot divisions (City Manager)
This item was taken out of sequence and acted upon earlier in the agenda.
H. Resolution from City of St. Augustine Beach on "Holiday Trees"
(Commissioner Borno)
Commissioner Borno reported there was a miscommunication with his
~- original request to provide the Commissioners with the St. Augustine
resolution marked up as Resolution OS-15 for the City of Atlantic Beach.
He noted that the marked up version was not distributed to them until this
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December 12, 2005 REGULAR COMMISSION MEETING Pa a 17
evening at the meeting. For the record, Commissioner Borno read '
Resolution OS-15 in its entirety with the appropriate changes made for the
*^ City of Atlantic Beach.
Mayor Wolfson noted the error that it was the resolution of St. Augustine'
""'" Beach that was on the agenda, and not the Resolution for the City of
Atlantic Beach as he read.
Motion: To approve Resolution 05-15.
Moved by Borno
Motion died due to lack of a second.
I. Enhancement of welcome signs (Mayor Wolfson)
~' Mayor Wolfson displayed pictures of the City's welcome signs and noted
that they have become weathered and are in need of enhancement. He
suggested repainting the signs in their original colors and refinishing them.
~'" He also recommended beautification of the beds surrounding the signs and
soft lighting to illuminate the faces of the signs. He discussed changes to
the sign on Atlantic Boulevard to make it more visible and more attractive
to traffic entering and leaving the City.
Commissioner Simmons agreed with the suggestion for painting and
enhancing the appearance of the signs. However, she indicated that the sign
on Atlantic Boulevard is not easily seen by traffic entering the City and thus
their efforts at enhancing that side of it might not be noticed.
~.
Mayor Wolfson stressed the importance of the City's welcome signs as a
,~„ contribution to the City's ambience and as identification of the City's
boundaries. He aiso noted the need for the signs to be lit, especially at
night.
Commissioner Borno suggested a concrete, decorative marker for the City
entrance. The Mayor noted that his preference is to enhance, light, and
~,, landscape what currently exists.
City Manager Hanson questioned if the improvements to the signs on
Atlantic Boulevard are in lieu of the welcome sign idea proposed in
conjunction with Neptune Beach. Mayor Wolfson indicated that it was not
clear whether Neptune Beach supported the welcome sign idea.
Commissioner Waters discussed the placement of a welcome sign and noted
the only appropriate place for it would be in Neptune Beach in the limited
~. area approved by the Florida Department of Transportation. He supported
the creativity and substantial quality of the current design but also supported
refurbishing the existing signs. He suggested putting a welcome sign at the
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December 12, 2005 REGULAR COMMISSION MEETING Page 18
a.
Wonderwood expressway city limits and reiterated the belief that a sign'at
the Atlantic Boulevard location will not be seen or make an impression
unless they work with Neptune Beach and place a sign in the middle of the
road.
~. The Mayor clarified that maintenance of the signs would involve painting,
lighting, and planting. He reiterated that the entrances to the city are
significant and discussed the proper placement of the welcome signs.
It was the consensus of the Commission to ask staff to bring back a cost
estimate for the enhancement and maintenance of the City's welcome signs.
Commissioner Simmons suggested looking into placing welcome signs in
the medians on Mayport Road.
J. Discussion about rescheduling workshop set for January 16,
2006, Martin Luther King Day (Mayor Wolfson)
The Mayor stated that, when first scheduling the workshop for January 16,
"~ 2006, the Commission did not realize that date was Martin Luther King
Day. He noted the need to find a more suitable and convenient date. City
Manager Hanson stated that the best dates for the strategic planning
sessions would be February ls` and 2°d. The Mayor confirmed that the
workshop would be tentatively rescheduled for those dates.
City Manager 9. City Manager
A. City Manager's Report
No report.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
A. Approval of settlement agreement on Roberts dangerous dog
case (Attorney Jensen)
City Attorney Alan Jensen referred the Commission to the settlement
agreement and the proposed consent order for this case, as presented in their
„~, agenda packets. He noted that it has been recommended for approval by the
attorney assigned to the case by the City's insurance company. City
Attorney Jensen summarized that, if the settlement agreement was accepted,
.. the City would only be giving up the petitioners' obligation to obtain a
$100,000 surety bond and the designation of the dangerous dog title to the
dog in this case. He noted that experience shows that it is normally very
December 12, 2005 REGULAR COMMISSION MEETING Paee 19
difficult to acquire the cash bond these days and that the City maintained
the requirement for proof of liability insurance. He also indicated that the
~* ~ dog and owners would still be treated as second offenders if they were
involved in any additional incidents.
Motion: To deny the settlement agreement as presented.
Commissioner Borno expressed concern with accepting the settlement due
~"" to the fact that it would omit the designation of dangerous dog and thus
weaken the City's ordinance as it stands and give the dog owner relief in
relation to insurance. He believed that, according to the City's code, the
'""' dog should be deemed a dangerous dog.
Commissioner Simmons questioned the reasoning behind striking a
compromise which takes away the designation of dangerous dog.
City Attorney Jensen responded that it is part of negotiations for a
~" settlement agreement to compromise and that even though the title of
dangerous dog would be omitted, the dog would still be treated as such and
subject to the penalties of such. Discussion ensued regarding the omission
of the dangerous dog title and the City Attorney clarified that if the dog was
involved in an additional incident, it would still be treated as a second
.. offender.
Commissioner Waters stressed the importance in maintaining the dangerous
dog ordinance as it is and ensuring it continues to be applied to any future
offenders. Further discussion ensued regarding the responsibilities of the
owner and the potential results of not accepting the settlement agreement.
Mayor Wolfson understood that this agreement would not dilute the City's
ordinance but expressed concern that it could establish a precedent for
another citizen in another incident to pursue the same recourse.
The question was called.
Motion: To deny the settlement agreement as presented.
Moved by Borno, seconded by Waters
Votes:
Aye: 2 -Borno, Wolfson
Nay: 3 - Fletcher, Simmons, Waters
MOTION FAILED
The motion was then presented in the affirmative, as such:
~^* Motion: To approve the settlement agreement as presented.
Moved by Waters, seconded by Fletcher
December 12, 2005 REGULAR COMMISSION MEETING Page 20
s,.
Votes: '
Aye: 3 -Fletcher, Simmons, Waters
'"" Nay: 2 - Borno, Wolfson
MOTION CARRIED
Commissioner Waters
• Would like to invite the NEFLC to dine in Atlantic Beach and noted
that the three beaches work together on this invitation.
• Stated the need for better instruction, formatting, and forewarning
for when a quasi judicial hearing will occur. He also requested that
a formal document be provided for the Commissioners to maintain a
proper log for relevant communications and disclosures. Would like
more information on their role and the procedures for taking and
hearing evidence.
• Explained his reason for initially voting against putting a mailbox at
Mandalay Park but stated that he now believed that a mailbox may
fit in the new designs for upgrading that park. He reported that he
has received some letters supporting this idea.
• Asked the City Attorney to explain what rights the City provides for
property owners against developers. He believed that the City
should consider placing the rights of property owners in the Code, if
it is not already established there.
• Disagreed with the current method for calculating the Commission's
pay raises based on a percentage of their salary. He noted that this
gave the Mayor a higher pay raise than the other Commissioners.
Commissioner Waters believed that the Mayor and the
Commissioners should all receive the same amount for their raises.
City Attorney Jensen
• Clarified that the settlement approval would include authorization
for the City Manager to sign the settlement agreement.
Mayor Wolfson
• Stressed the importance of staff members who are speaking on
behalf of the City to be certain to speak in context and not out of
context. He specifically addressed references to Chapter 24 in the
case heard in Item 8A and indicated that when information is not
placed in the proper context, or if omissions are allowed,
misunderstandings and incorrect presumptions easily occur. He
emphasized to staff and to the City Manager the importance of being
careful during these procedures.
• Discussed the issue of quasi judicial hearings and the need for more
timely notification of when those procedures are going to occur. He
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December 12 2005 REGULAR COMMISSION MEETING Pase 21
noted the disadvantage experienced by the Commission when they
were not informed of the quasi judicial hearing or the procedures for
it until they sat down at the meeting for it. He addressed the
necessity to be provided adequate time to properly research, study,
and prepare the issues and positions involved. He commended
«~ Commissioner Fletcher for his job at providing details and
presenting his case. He asked that this issue be studied further and
given a serious approach to it.
~.
Adjournment There being no further discussion, the Mayor declared the meeting
*"' adjourned at 10:25 p.m.
ATTEST:
""~ Donna L. Bussey
City Clerk
Donald M. Wolfson, Mayor/Presiding Officer
,,.