Draft Min 3-13-06MINUTES
REGULAR CITY COMMISSION MEETING
March 13, 2006
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 Fletcher, was followed by the Pledge of Allegiance
to the Flag.
The Mayor welcomed former Commissioner Parsons to the meeting.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
February 27, 2006.
Commissioner Borno requested that a change be made on page nine, Item
7E, second sentence, correcting the mailbox location from "6t'' Street" to
"16`h Street".
Commissioner Simmons indicated there was a question of redundancy and
inaccuracy on page seven. She pointed out that the Amended Motion for
Item 7B, with Votes: 4 -Ayes, 1 -Nay, should be corrected from
"MOTION FAILED" to read, "MOTION CARRIED". Commissioner
Simmons also questioned if both of the last two motions listed for Item 7B
were necessary or, if not, which one was correct. Mayor Wolfson asked the
City Clerk to listen to the recording of the meeting and review this portion
of the minutes accordingly.
City Clerk Bussey noted that the correct settlement agreement for Item 8E
was not included in the agenda packet and therefore she asked that the
minutes be changed to include this agreement in the record. She requested
that, on page four after the second sentence in the second paragraph, ending
with "... the settlement is before you to consider", the following wording be
added: "which is attached and made part of this official record as
Attachment B."
Motion: Approve the minutes of the Regular Commission Meeting on
February 27, 2006 as amended.
March 13, 2006 REGULAR COMMISSION MEETING Page 2
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Adelaide Kirkpatrick, 1242 Beach Avenue, asked that the Commission
reconsider their decision to remove the sidewalk in front of her house. For
the safety of children and adults, she asked that the sidewalk be repaired so
that it can be better utilized by all.
Brian Platock, 1640 Beach Avenue, addressed the issue of impervious
surface as it relates to swimming pools. He discussed the new zoning
standards and regulations being proposed and asked if there would be any
grandfathering mechanism for nonconforming structures. Mr. Platock
opposed the new standards and believed they would have a negative effect
on real estate and property values.
Bob Parrish, 1731 Beach Avenue, stated his opposition to the new
residential standards ordinance being proposed and noted that he and other
property owners hope to stop the ordinance from moving forward due to its
effects on property rights and values. He also discussed the Winter and
Company study and disputed the empirical findings of it. He asked the
Commission to provide the public with the facts behind its decisions and to
answer many questions the public has regarding the effects of these
proposed standards.
DeJean Melancon, 675 Beach Avenue, discussed the recently held
Community Character Workshops. He suggested that the City create an
FAQ section on the webpage so that citizens can view questions and
responses that have already been addressed in the workshops. He believed
that Item 7A, addressing part of the impervious surface issue, should not be
voted on tonight but should be part of the Community Character discussions
and decisions.
Michael Hoffmann, 176 Camelia Street, had two suggestions for the City
Parks and Recreation department. He recommended they extend the hours
for supervisory personnel in parks in order to have the parks remain open
unti19:00 or 10:00 p.m. Mr. Hoffman discussed the potential benefits this
could bring to the low income areas and the safety of children. He
recommended the City employ young adults from the beaches area to fill
these extra positions in the parks. His second suggestion was that the City
purchase land in the Marsh Oaks neighborhood to create a park area
comparable to Russell Park.
March 13, 2006 REGULAR COMMISSION MEETING Paee 3
Pat Pillmore, 995 Camelia Street, discussed ways to create a cut in a busy
road that is safe for cars to sit and wait on traffic. She asked fora 35 mph
speed limit on Mayport Road and for a pedestrian crossing sign to be placed
at the Plaza intersection soon, rather than waiting until Mayport Road is
redesigned.
Dorothy Kerber, 365 First Street, requested that the Commission consider
restriping the west side of Sherry Drive so that children have an area to ride
bikes or walk from the Five Points Intersection to the school.
Sally Clemens, 1638 Park Terrace West, supported drilling for oil off the
coast of Florida.
Stephen Kuti, 1132 Linkside Drive, stated that he contacted the State
Attorney General's office for clarification on the procedures for petitioning
for an amendment to the City Charter. He questioned if the petition needed
10% or 25% of the citizens' signatures. Mr. Kuti indicated that the
Attorney General's office provided three legal opinions stating that the
petition needs only 10% of the registered voters' signatures and referred
him to Florida Statute Section 166.031. He asked for a correct answer from
the Commission.
Mayor Wolfson responded that the City Attorney had provided an opinion
and asked Mr. Jensen to clarify his response. City Attorney Jensen
explained that amendments to the City Charter are controlled by State
Statute, Chapter 166, which requires 10% of the citizens' signatures on a
petition. The City Charter requires 25% of the voters' signatures on a
petition in order to introduce a new ordinance or to overturn an ordinance
adopted by the Commission.
Lindley Tolbert, 334 Sixth Street, addressed the issue of impervious
surface as it relates to swimming pools. She asked for an explanation of
why changes to the definition are being proposed. She stated the St. Johns
Water Management District rates pools as 0% impervious, and discussed
the effects on property owners if this definition was changed. Ms. Tolbert
also believed that the administrative approval of lot divisions should remain
with City staff, as recommended by the Community Development Board.
She spoke against politicizing the approval process for lot division.
David Johnston, 2207 Alicia Lane, expressed his concerns with the draft
ordinance to amend Section 24-172. He suggested that the City define the
term "traditional neighborhood", that they address the issue of
reconstruction after a disaster, and that they consider the potential adverse
effects on property values.
Mayor Wolfson proceeded to address the questions and concerns raised by
the citizens. He explained that the Winter and Company study was a long
process begun by the previous Commission but that there are many
opportunities for citizens to participate and have open dialog regarding the
March 13, 2006 REGULAR COMMISSION MEETING Page 4
issues. He responded to citizen concerns with the ability to reconstruct on
their property after a catastrophic event by pointing out that guidelines for
rebuilding are already provided in the City's Code. He indicated that no
decisions have been made yet and that all public input is important and is
being studied and evaluated at this time. He welcomed and encouraged
citizens to participate and contact the Commissioners to express any
concerns.
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 A.
His follow-up report addressed the Fitzgerald request for a waiver to on-site
retention requirements and complaints about mulch piles and junk cars on
Park Street.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
Monthly Report for February and Report of New Occupational
Licenses issued in February (City Manager)
B. Award a contract for Design/Construction for Wooden Bridge
for the Plaza Drive Bike Path (Bid No. 0506-6) to A-One Dock
Builders in the amount of $17,158.00, authorizing the City
Manager to execute the agreement for construction services on
the City's behalf (City Manager)
C. Award the contract for Water Main Improvements at Sailfish
and Plaza (Bid No. 0506-3) to Gruhn May, Inc, in the amount of
$65,219 and authorize the City Manager to sign the contract
(City Manager)
D. Reject all bids for the Frances, Royal Palms and Sailfish
sidewalk extension project (Bid No. 0506-4) and use the Annual
Concrete Repairs Contractor, Gruhn May, for the construction
(City Manager)
E. Award the contract for Repair and Painting of Elevated Tank at
Water Plant #1 (Bid No. 0506-5) to Worth Contracting in the
amount of $85,690 and authorize the City Manager to sign the
contract (City Manager)
F. Award the bid for Ditch Spraying and Maintenance (Bid No.
0506-8) to Bluewater Environmental as the lowest bidder with a
complete bid package (City Manager)
Motion: Approve Consent Agenda as presented.
March 13, 2006 REGULAR COMMISSION MEETING Paee 5
Moved by Waters, seconded by Fletcher
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
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-188, Final Reading and Public Hearing
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
(related to the use of pavers, pervious concrete or open grid paving systems)
Mayor Wolfson opened the floor to a public hearing.
Pat Pillmore, 995 Camelia Street, mentioned that there has been
considerable improvement in the types of pavers since the issue was first
addressed.
There were no further comments and the Mayor closed the public hearing.
Motion: To approve Ordinance No. 90-06-188 on final reading.
Commissioner Borno, in response to citizens' concerns and questions, read
some pertinent excerpts from the ordinance in order to clarify the issue. He
explained the importance of not exceeding the limits for stormwater
retention and runoff and indicated that this is the purpose of the ordinance
being proposed.
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: ~0
MOTION CARRIED
March 13.2006 REGULAR COMMISSION MEETING Paee 6
B. Ordinance No. 20-06-75, Final Reading and Public Hearing
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30,
2006
Mayor Wolfson opened the floor to a public hearing. There were no public
comments and the Mayor closed the public hearing.
Motion: To approve Ordinance No. 20-06-75 on final reading.
Mayor Wolfson asked if the design given in the agenda packet was the most
recent one. Rick Carper, Public Works Director, noted that a modified
version was distributed with the first reading of the ordinance. This
document is attached and made part of this official record as Attachment
B.
Commissioner Fletcher stated he was still opposed to the proposal due to
concerns with safety, cost, and location.
Mayor Wolfson concurred with Commissioner Fletcher.
Moved by Simmons, seconded by Borno
Votes:
Aye: 3 -Borno, Simmons, Waters,
Nay: 2 -Fletcher, Wolfson
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request for Commission Direction with respect to revision of the
definition of Impervious Surface within Section 24-17 of
Chapter 24, the Land Development Regulations, related to the
designation of swimming pools as pervious area (City Manager)
Rick Carper, Public Works Director, reviewed the information given in the
staff report. He indicated that his research did not find any instance of the
St. Johns Water Management District addressing the impervious surface of
residential swimming pools. Mr. Carper reviewed a table that compared the
impact of different percentages of impervious surface as applied to
swimming pools. This document is attached and made part of the official
record as Attachment C.
Mayor Wolfson discussed his concerns with any potential adverse impact
on stormwater drainage or on the percolating effect of land. He asked if Mr.
Carper had any concerns regarding the issue of recharge. Mr. Carper
indicated that, in general, this was not a major concern because the sandy
quality of the land allows water to be easily absorbed.
March 13, 2006 REGULAR COMMISSION MEETING Paee 7
The Mayor and Mr. Carper discussed a pool's ability to serve as a type of
retention structure in general and specifically in the event of 9.3 inches of
water during a 25-year storm.
Commissioner Simmons supported the explanation and recommendation for
designating swimming pools as 60% pervious, but noted this differed from
the Community Development Board's recommendation. Conversation
ensued regarding the discussions and decision of the CD Board.
Commissioner Fletcher spoke in favor of the 60% pervious designation and
Commissioner Borno also agreed.
It was the consensus of the Commission to move forward with staff's
recommendation to prepare a draft modifying the Land Development
Regulations Section 24-17 to define swimming pools as 60% pervious.
B. Proposed Term Limits for Board and Committee Members
(City Manager)
City Manager Hanson reviewed his staff report on this item and noted that
currently there were no guidelines in the City Code for the reappointment of
board or committee members after their term limits have expired. He
explained that the draft ordinance presented in the staff report would require
a member to sit out at least one term before being eligible for
reappointment.
In response to citizen concerns, the Mayor clarified that this item has no
affect on the term limits of the Commission or the Mayor, but only applies
to members of the City boards or committees. Mayor Wolfson explained
the importance of requiring a break after a member's term has expired in
order to give others the opportunity to serve on the boards.
Commissioner Borno agreed and requested that the Commission be given a
document that summarizes the terms of each board and committee. He
suggested that the required time gap correspond with the number of years in
that board's term.
The Commissioners debated what amount of time would be most
appropriate to require to elapse in between term limits.
Mayor Wolfson asked each Commissioner for their preference on a
proposed time gap. Commissioners Borno and Simmons supported a gap
equal to the number of years of that board's term. The Mayor and
Commissioners Fletcher and Waters supported a one year time gap.
It was the consensus of the Commission to ask staff to revise the draft
ordinance based on a one year gap in between term limits and bring it back
March 13.2006 REGULAR COMMISSION MEETING Paee 8
to the Commission. Commissioner Borno asked that the summary of each
board and committee's term limits be included with the revised draft.
C. Request from Charles and Dianne Drysdale for a Waiver from
Section 24-151 (b) ii of the Land Development Regulations
(Accessory Uses and Structures regulations) to allow play
equipment in the front yard within a residential Zoning District
for property located at 2051 Seminole Road (City Manager)
Rick Carper, Director of Public Works, displayed photos of the property
and summarized the rules and specific circumstances relating to this item.
Mayor Wolfson asked the applicant to address the Commission.
Charles Drysdale, 2051 Seminole Road, admitted the violation was a result
of his ignorance of the Code. He explained that he has three children and
that the structure was recommended by an occupational therapist as an
important tool to assist with the development of one of his children.
Mayor Wolfson asked for any public comments. There were none.
The Commission discussed adding atwelve-year time limit to the
applicant's waiver in order to grant the exception on a temporary basis.
Motion: To approve the waiver as requested.
Moved by Borno, seconded by Waters
Amendment to the Motion: To amend the original request by adding a
twelve-year time limit to the waiver.
Moved by Wolfson, seconded by Waters
Votes:
Aye: 3 -Fletcher, Waters, Wolfson
Nay: 2 -Borno, Simmons
MOTION CARRIED
Motion: To anArove the amended motion.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Appointments to the Board Member Review Committee (City
Manager)
March 13.2006 REGULAR COMMISSION MEETING Pale 9
City Manager Hanson indicated that, based on the amendments made to the
enabling legislation of the Board Member Review Committee, three
appointments needed to be made before the Committee could resume its
functions. He explained that one appointment would be from the City
Commission and the other two would be citizens.
Mayor Wolfson recommended that Glen Fisher and Casey Quinif be
appointed as the citizen members and that Commissioner Waters be
appointed to chair the Committee. He commended Commissioner Siirunons
on her excellent service to the Committee during its initial year.
The Commission discussed the need to review qualifications of the
nominated members before voting on them. They asked that this item be
placed on the next agenda along with the resumes and board application
forms for each nominee. It was agreed that the Board Member Review
Committee would hold its next meeting the following month.
E. Oil drilling resolution (Mayor)
The Commission discussed the letter sent to Governor Bush from Sarasota
County expressing concern regarding plans for offshore drilling in Florida
waters. The letter supported the "Permanent Protection for Florida Act of
2006", a bill introduced by Senators Martinez and Nelson and prohibiting
offshore drilling on the outer continental shelf off Florida.
Motion: To draft a resolution supporting Senators Martinez and
Nelson's bill, known as the "Permanent Protection for Florida Act of
2006", to permanently prohibit offshore drilling on the outer
continental shelf off the State of Florida, including Lease Sale Area 181.
City Attorney Jensen asked if the Commission would like to read a copy of
the bill supported by the draft resolution. Both Commissioner Simmons
and Commissioner Borno requested that a copy of the bill be provided with
the draft resolution.
Moved by Fletcher, seconded by Waters
Votes:
Aye: 4 -Fletcher, Simmons, Waters, Wolfson
Nay: 1- Borno
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
There was no written report, however the City Manager discussed the
following topics:
March 13, 2006 REGULAR COMMISSION MEETING Paee 10
Community Development Block Grant funds
The City Manager discussed the issue of affordable housing at the beach
and a recent request for help from the Beaches Housing Coalition. He
indicated that the City expects an excess balance of $80,000 in the septic-to-
sewer conversion category and suggested that the funds could be used to
assist the affordable housing issue. He reported that staff research proposed
allocating $50,000 for water and sewer extension for Sawgrass Chapel, a
Beaches Habitat project that is just outside City limits, but within the City's
water and sewer territory. He stated that staff proposed using the remaining
$30,000 to add a sidewalk and driveways on the right-of-way on Jordan
Street. He indicated that both proposals are permissible uses for the funds
and do not require a budget amendment from the Commission.
Commissioner Waters questioned using the funds for a project outside of
the City limits acid believed that the money should first be applied towards
Atlantic Beach citizens who qualify for assistance with the septic-to-sewer
conversion. The City Manager explained that many citizens were waiting
until the deadline in 2011 to follow-through with their sewer conversion.
Commissioner Borno suggested including the parameters of eligibility for
homeowner assistance in the next advertisement of available funds.
Next fiscal year Block Grant funds
City Manager Hanson reported that it was time to submit paperwork to the
City of Jacksonville for next fiscal year's block grant funds. He proposed
that the City submit $20,000 for next year's septic-to-sewer conversions and
about $150,000 designated for water and sewer extension.
Emergency Repair to Lift Station
The City Manager informed the Commission that there were serious
electrical problems at the Mimosa Cove lift station and that the City's
annual electrical contractor was authorized to make repairs. He notified the
Commission that the repairs will cost over $10,000 but Commission
approval was not necessary since it was an emergency.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Borno
• Expressed his opinions regarding the TMDL report for nutrients in
the St. Johns River.
Commissioner Simmons
• Discussed the phone call she received from Adelaide Kirkpatrick
and noted that there was conflicting information received from the
neighborhood poll regarding removing the sidewalk on Beach
Avenue. She asked that staff reach out and poll each person on that
March 13, 2006 REGULAR COMMISSION MEETING Paee 11
block regarding the issue and then bring the results back for the
Commission to reconsider at the next meeting.
Commissioner Waters
• Commented on the phone call he received from Adelaide
Kirkpatrick and stated his opposition to removing sidewalks
anywhere in the City.
• Discussed a request from a mother who lives on 20th Street and who
would like a sign place on that street advising traffic to slow down
due to children in the area. He suggested experimenting with using
the back of signs already placed on the shorter streets. Chief
Thompson responded that he had discussed this with the City
Manager and that they intend to place a sign as requested, and will
gather information regarding the amount of traffic and the speed of
the vehicles in that area.
• Reiterated DeJean Melancon's request for FAQs to be published and
asked the City Manager to look into pursuing this idea.
• Addressed the grandfathering issue of reconstruction brought up by
Mr. Johnston. He suggested the Commission determine and discuss
the adverse economical effects, the guarantees available to folks
who might be grandfathered in, and any possible remedies. He
suggested protecting some of the building designs that might
currently violate the code but which do not abuse the law and have
become part of the City's ambiance and character.
Mayor Wolfson
• Enthusiastically described his experience of flying out to an aircraft
carrier last weekend at the invitation of the Mayport naval base
commander.
A. Discussion of Administrative Approval of Lot Subdivisions
(Mayor Wolfson)
The Mayor introduced this item and indicated that there has been much
overreaction and misinterpretation regarding the issue. He read aloud the
background information given in the staff report submitted by Sonya Doerr,
for the December 12, 2005 Commission meeting.
Mayor Wolfson stressed his opposition to politicizing responsibilities such
as this approval process. He referred the Commission to his written
recommendation on this item, which is attached and made part of this
official record as Attachment D. He stated that his recommendation was
that atwo-lot division would no longer be exempt from the full re-plat
process and that approval by the City Commission would be required after
following the same steps as set forth in Section 24-63 when considering a
request for aUse-By-Exception by the Development Board and by the
Commission. He clarified that the request would first go before the
March 13.2006 REGULAR COMMISSION. MEETING Paee 12
Community Development Board and then be forwarded to the Commission,
with the CD Board's recommendation, for a public hearing and decision.
He made it clear that he strongly opposed the City Commission making this
type of decision without the input from the Community Development
Board.
The Mayor further clarified that his recommendation was made in order to
provide a better system of checks and balances by removing the approval
process from resting solely with one individual staff member.
Mayor Wolfson brought up the issue of restrictive covenants and read
excerpts from the restrictive agreement for Selva Marina Unit No. 5. He
reported that, in a meeting with the City Manager and City Attorney, the
Mayor asked that they research the restrictive agreements for all the Selva
Marina subdivisions. He discussed the findings of this research and pointed
out that Units 1 and 2 did not have automatic renewal of the covenants.
Commissioner Borno discussed the importance of establishing clear and
specific guidelines in the City's ordinances, land development regulations,
and Comprehensive Plan. He indicated there would be no need for requests
to come before the Commission if they were all reviewed by the
Community Development Board and required to follow the same guidelines
with no exceptions granted.
Commissioner Borno discussed the issue of automatic rollover of restrictive
covenants. He asked for further research into the Florida Statutes to
determine if restrictive covenants expire, based upon their age.
Commissioner Borno also questioned and discussed the justification of
establishing the new Residential Single-Family Large Lot zoning district.
Commissioner Waters expressed his opposition to subdividing lots
differently than the original intent of the established neighborhood's
covenants. He concurred with the Mayor's recommendation to address
these requests publicly through the Community Development Board and
then through the Commission.
Commissioner Fletcher agreed with the need for checks and balances for
this process and supported putting these decisions in the public arena.
Mayor Wolfson asked when the process for the subdivision of lots was last
changed. The City Manager responded that the City has always allowed
administrative approval of two-lot divisions. He pointed out that before
2002, there was no requirement to even notify the Commission of the
administrative approvals of two-lot subdivisions.
Mayor Wolfson asked that a draft revision be brought back to the
Commission and then sent to the Community Development Board for their
recommendation and input.
March 13 2006 REGULAR COMMISSION MEETING Page 13
• Discussed the Neighbor-to-Neighbor beachside chats and noted the
four areas for conducting these discussions: Jordan Park, Donner
Park, Adele Grage Community Center, and Oceanside Church of
Christ. He asked each Commissioner to chair a meeting in one of
the locations. The Commissioners agreed to the following
arrangement: Commissioner Waters -Donner Park; Commissioner
Simmons -Adele Grage; Commissioner Borno -Oceanside
Church; Commissioner Fletcher -Jordan Park.
City Attorney Jensen reminded the Commission to follow all the
requirements of Florida's Sunshine Law if two or more commissioners will
be attending the Beachside Chats.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:52pm
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk