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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING July 8, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Carolyn Woods ABSENT: Commissioner Jonathan Daugherty City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna Bartle Recording Secretary Nancy E. Bailey Call to Order /Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. B. C. D. E. Approve the minutes of the Regular Commission Meeting of June 10, 2013. Approve the minutes of the Special Called Commission Meeting of May 28, 2013. Approve the minutes of the Commission Workshop of May 28, 2013. Approve the minutes of the ICMA University Web Conference of June 6, 2013. Approve the minutes of the Candidate Workshop of June 6, 2013. Mayor Borno asked if there were any other corrections to the above minutes. He stated the changes to the ICMA Web Conference minutes requested at the workshop have been made and were included in the amended agenda. There were no other changes and he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. Ralph Marcello, President of Beaches Habitat, introduced Lynn Hileman, their property appraiser. He stated he spoke to him about the sale price of Habitat's homes versus the appraised value. He explained Habitat affiliates sell their homes at actual cost to build and their current cost is about $120,000. He stated if Mr. Hileman appraises the home at $130,000 they place a silent second mortgage on the house so a new home owner cannot take advantage between the difference of the actual cost and the appraised value of the home. He distributed a picture of an example of the homes they are building, which was located on Penman Rd. in Jacksonville Beach, stating they have upgraded the quality of the homes they produce. He asked Mr. Hileman to discuss the appraisals. Lynn L. Hileman, Hileman Appraisal Group, 1713 Penman Road, Jacksonville Beach, explained the difference in using a Beaches Habitat price and an actual appraisal value. He stated what the tax assessor does has no bearing on the value because they are not looking at the sale prices. He stated, as a real estate appraiser, from a mortgage standpoint, he would never use a Beaches Habitat sale because it does not reflect an arm's length transaction. He stated they are selling their homes at cost to people who have proven the need for sub - priced housing not market - priced housing. He stated there is no danger in the City dragging down the value of the neighborhood by cooperating with Beaches Habitat and showing goodwill. July 8, 2013 REGULAR COMMISSION MEETING Page 2 Marc Hudson, Land Protection Director for North Florida Land Trust, explained his background and spoke on the difference between conservation easements and deed restrictions. He stated conservation easements are perpetual while deed restrictions can be long -lived but are predicated on renewals. He further explained conservation easements are foundational in the Constitution of Florida and deed restrictions operate under common law. He explained on deed restrictions there are restrictions on alienability, which is anything that would actually cause the property to be harmed in a sale in the future; i.e. if the golf course were running into financial troubles they could argue before a court for removal or adaptation of the deed restrictions. He stated in some certain situations conservation easements, because they have a public benefit statement, get a heavier consideration in court because the judge actually has to take into consideration the public benefit to the City of Atlantic Beach, which is not necessarily the same in deed restriction. T.R. Hainline, 1301 Riverplace Blvd., stated he was representing Atlantic Beach Partners on the SPA rezoning. He updated the Commission on issues related to the Selva development, explaining this is a down zoning in intensity and density. He stated they have been working with staff on annexation, and they have prepared and obtained the City of Jacksonville's approval of an Interlocal agreement stating both Atlantic Beach Partners and the Club are committed to supporting annexation, the City of Jacksonville has agreed to consider annexation and regulatory powers over both portions of the property are turned over to the City of Atlantic Beach. He further stated they have prepared and submitted to Atlantic Beach staff a draft annexation agreement and are committed and ready to take that to the City of Jacksonville. He stated on the issue of reuse, they have prepared and submitted to and discussed with City staff a draft reuse agreement and anticipate finalizing that agreement this month. He further stated the draft reuse agreement they submitted requires them to record a conservation easement. He explained they have agreed to the concept of an easement but hesitates to call it simply a conservation easement because unlike many of the things that are used for public trust documents this will have an active recreational use on it, a golf course and everything that goes with a golf course. He stated therefore they are referring to it as a recreation and conservation easement but it would be in perpetuity and they are happy to continue to work with staff and get any input from Mr. Hudson on this document. He stated they sent a letter on all three issues on July 3 to the City Manager committing to use City of Atlantic Beach reuse water, to support annexation, and to record the recreation and conservation easement after the closing of the sale to Atlantic Beach Partners but before the City commencement of construction on the reuse facility. He summarized they have done everything asked of them and are now asking for approval of the rezoning so they can move forward with the redevelopment of the golf course and club, with the annexation, with pushing forward the reuse, and with the recordation of the recreation and conservation easement. Dave Estes, 1275 Linkside Drive, stated he wants two small conditions added to the plan; (1) that the Club shall maintain their backyard areas that members do not see but neighbors of the perimeter of the club do see, by mowing/trimming grass and weeds, including the banks of ponds and waterways and not dumping landscape debris and (2) that the Club shall take into consideration how their actions will affect the neighbors' views of the golf course when they are planning landscaping, hedges, nets, fences, etc. He stated he was told this afternoon that was being discussed between the developers and the new owners of the club. He stated he doesn't know what the answer was to it but would love to hear an answer from somebody. Michael Hoffmann, 176 Camelia Street, expressed his appreciation to the Police for their prompt and helpful assistance to a problem they had recently on his street. He further stated, as secretary to the Fleet Reserve Association 290 Fountain Project Committee, they have submitted a proposal to the City for a fountain and lights in the retention pond on Mayport Road adjacent to the Fleet Reserve. He stated Rick Carper put them in touch with Bluewater Company who came up with a proposal that would cost $7,500 to install, $1,000 /year for electricity, and $500 /year for quarterly maintenance. He stated the Fleet Reserve July 8, 2013 REGULAR COMMISSION MEETING Page 3 project committee has agreed to offer $2,500 toward the cost. He left a copy of a prospectus from Bluewater with the City Clerk and will attend the budget hearings to discuss this with the Commission. Veda Harless, 680 Sailfish Drive E., addressed Item 7K. She stated she is currently the Chair of the Code Enforcement Board and it works very well. She explained her reasons for not moving to a magistrate. She stated she would like to continue to serve the residents and believes it serves them well by having their peers and neighbors be the ones listening to why they may or may not be in violation. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. City Manager Hanson reported, as discussed by Mr. Hainline, the Interlocal agreement with Jacksonville on the permitting of the Country Club Development was approved by the City of Jacksonville. He stated they have received the letter from the Country Club dealing with the three conditions the Commission set at the May 13 meeting, which was within the 60 day time limit. He distributed a copy to the Commission (which is attached and made part of this Official Record as Attachment A) He further stated they have scheduled a workshop for the Commission to hear the presentation of the results of the pay plan as well as a Budget 101 workshop for Monday, July 22 at 5:00 p.m. He stated he intends to get a budget out to the Commission by the end of this week. Item 7A and Item 8D were taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -13 -216 by title. Motion: Approve Ordinance No. 90 -13 -216. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is related to rezoning the Country Club property to permit construction of a 180 -unit subdivision. 8D. Discussion of options in regard to Second Reading of Ordinance No. 90 -13 -216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. Commissioner Beckenbach asked to make a motion to amend the Ordinance. Motion: Amend Ordinance No. 90 -13 -216 to add a second special condition to Sec. 3 of said Ordinance, to read as follows: Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice July 8, 2013 REGULAR COMMISSION MEETING Page 4 facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit uses on such portion of the Property to recreational uses and conservation /greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity. Moved by Beckenbach, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court West, stated he supports the movement forward on preserving such a wonderful asset and the amendment. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods thank everyone for working together for the betterment of the community. Commissioner Beckenbach thank City Attorney Alan Jensen for helping him on this Ordinance and the amended motion. Mayor Borno called for a vote on the Ordinance as amended. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Item 8A was taken out of sequence and acted on at this time. 8A. Approval of Interlocal Agreement w /COJ for Country Club development. Mr. Hanson summarized the agreement stating this allows the City of Atlantic Beach to handle the permitting for this entire project, both for what is in our City limits presently and the rest of the golf course property outside the City limits. He stated with the anticipation of annexation, it makes it more seamless for everyone to be regulated through one agency rather than multiple agencies during this transition. He stated staff recommends approval. Motion: Approve the Interlocal Agreement with the City of Jacksonville for the Country Club development. Moved by Woods, Seconded by Mark Commissioner Beckenbach asked who will determine which trees will stay and which will go. Mr. Hanson stated Atlantic Beach will be doing all of the tree permitting as described in the zoning they just approved. He stated he understands Jacksonville approved equal zoning for their portion of this property. Further discussion ensued. July 8, 2013 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for April, Building Department Monthly Activity Report, the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of $12,083 of forfeiture funds for equipment purchases and $3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on -line applications on behalf of the Mayor and the City. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Woods, Seconded by Beckenbach Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13 -09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 13 -09 by title. Motion: Approve Resolution No. 13 -09 as read. Moved by Mark, Seconded by Woods July 8, 2013 REGULAR COMMISSION MEETING Pace 6 Mayor Borno summarized the Resolution stating this is continuing our agreement with FDOT for maintenance of ROWs, drainage ditches and ponds along the State highways within Atlantic Beach. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 90 -13 -216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 90-13-217, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE- FAMILY (RS -1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -13 -217 by title. Motion: Approve Ordinance No. 90 -13 -217 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is for rezoning the property to the south of the Country Club back to single family residential since the property is no longer part of the prior Country Club PUD. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-13-122, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -13 -122 by title. July 8, 2013 REGULAR COMMISSION MEETING Page 7 Motion: Approve Ordinance No. 20 -13 -122 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is to approve funding to install a single - camera video system in the Commission Chamber. Mayor Borno opened the Public Hearing. Sally Clemens, 1638 Park Terrace West, addressed the Commission asking that they please speak into their microphones. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 3 — Beckenbach, Mark, Woods Nay: 1— Borno MOTION CARRIED D. ORDINANCE NO. 95-13-106, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -13 -106 by title. Motion: Approve Ordinance No. 95 -13 -106 as read. Moved by Woods, Seconded by Mark Mayor Borno summarized the Ordinance stating it amends the Animal Control Ordinance as related mostly to dangerous dogs. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 5- 13 -59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -59 by title. July 8, 2013 REGULAR COMMISSION MEETING Page 8 Motion: Approve Ordinance No. 5 -13 -59 as read. Moved by Beckenbach, Seconded by Mark Mayor Borno explained this changes the Code so that dangerous dog cases will be heard by a Special Magistrate rather than the Code Board. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Mr. Hanson stated if this is approved they will need to get a Special Magistrate, explaining the process to do so. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED F. ORDINANCE NO. 75-13-18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 75 -13 -18 by title. Motion: Approve Ordinance No. 75 -13 -18 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this adds provisions in the Code dealing with taxi cabs which we have not previously had. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED G. ORDINANCE NUMBER 90 -13 -218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; July 8, 2013 REGULAR COMMISSION MEETING Page 9 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -13 -218 by title. Motion: Approve Ordinance No. 90 -13 -218 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is extending the PUD limits for Fleet Landing to include additional property for a maintenance facility they want to build. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED H. ORDINANCE NO. 95-13-107, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -13 -107 by title. Motion: Approve Ordinance No. 95 -13 -107 as read. Moved by Woods, Seconded by Mark Mayor Borno stated this authorizes the sale of a city -owned house at 765 Sabalo Dr. Commissioner Woods stated in addition to Mr. Marcello and Mr. Hileman speaking tonight, she also contacted an appraiser and asked how this was handled and he had pretty much the same answer. He stated appraisers use the market value and not the sale value, especially when it is non - profit involved. She stated she hopes the City avoids this type situation in the future but since they are here now she believes it is the appropriate thing to do. Mayor Borno asked if she supports the possibility of considering Habitat. Commissioner Beckenbach stated the Ordinance doesn't specify how to sell it just that they can sell it and they can discuss how at the next workshop. Mr. Hanson stated there is a Special Meeting at the next workshop to approve this ordinance and all it says is the City is authorized to sell it. He stated once they get to the second reading and approve it, he believes it is appropriate for the Commission to direct the staff as to which way they want to go. He reiterated this Ordinance does not stipulate how to sell it; it just declares it as surplus and says it can be sold. Discussion ensued. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED July 8, 2013 REGULAR COMMISSION MEETING Page 10 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 65 -13 -38 by title. Motion: Approve Ordinance No. 65 -13 -38 as read. Moved by Beckenbach, Seconded by Mark He explained this is authorizing the closure of a part of Orchid St. to allow for expansion of Rose Park. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80 -13 -83 by title. Motion: Approve Ordinance No. 80 -13 -83 as read. Moved by Woods, Seconded by Beckenbach He explained this Ordinance is creating provisions in the Code for a reuse water system that the City is planning to build. Commissioner Beckenbach asked how much other townships are billing for reuse water. Mr. Hanson explained Donna Kaluzniak got the rates for both JEA and Clay County and they made some projections based on the 180 houses and will bring it to the Commission before they start to be occupied. He stated the St. Johns Water Management District is considering our grant application tomorrow and staff is hopeful we will get funding for $440,000 towards the cost of this. Commissioner Woods stated she doesn't recall that this talks about the type of landscaping that will be put in and would suggest staff talk to the developers about their landscaping requirements before they come up with their projections and assumptions. Mr. Hanson stated they have had long discussions with the developers about the golf course property and about how many gallons they would use. He stated their projections of the volume of reuse water to be used are based on the 20 irrigation meters they have in the Linkside area. He stated they are relatively small lots and they thought they would be pretty much consistent with the size and July 8, 2013 REGULAR COMMISSION MEETING Page 11 amount of landscaping he would expect to be put in on these new lots. He stated they will have a discussion with the Commission in a few months and they will need to adopt a rate ordinance just like they do with water and sewer rates. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED K. ORDINANCE NO. 5- 13 -60, Introduction and First Reading AN ORDINANCE OF THE CITY 0 F ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -60 by title. Motion: Approve Ordinance No. 5 -13 -60 as read. Moved by Beckenbach, Seconded by Borno Mayor Borno summarized the Ordinance stating this is eliminating the Code Board and authorizing the use of a Special Magistrate to hear cases. He stated this was his recommendation and since they are going to Special Magistrate for the dangerous dogs he believes it is the optimum time to transition all of our Code Enforcement Board duties to a Special Magistrate. He stated it takes the weight off neighbors making decisions for neighbors which can become emotional. He stated by using a Special Magistrate we follow what the law says. Commissioner Beckenbach asked the City Attorney if the Magistrate would be the same one at every Code Enforcement meeting who would make the decision according to the codes as he /she reads them. Mr. Jensen stated yes. Commissioner Beckenbach asked how has he found others to be throughout the area and stated he knows Neptune has this. Mr. Jensen stated Neptune Beach recently went to this and Jacksonville Beach has had it for 6 -7 years, but he has not had any experience with them. Commissioner Beckenbach stated he has spoken to a number of different places who seem to be really happy with their magistrate. Discussion ensued. Commissioner Woods stated after hearing what the Chair of the Code Enforcement Board said she believes what you do with your home and what the City's response is to that is emotional and personal and she is not sure, as a community, we are quite ready to give that up and make it as impersonal as a magistrate would perceive to make it. She stated she believes our citizen committees are a good thing and work well and we have a community of citizens who like being involved and who take it seriously and look at the issues as they are. She stated she is not sure she is in favor of this part of it. She believes it is very important for the dangerous dog because that really becomes litigious. Commissioner Mark concurred with Commissioner Woods, stating she is not completely convinced that to dissolve the Code Enforcement Board for other violations is prudent at this time. She stated maybe they could think about this a little more. Mayor Borno stated he did not make this recommendation because of any feelings he has that the Code Enforcement Board has not done their duty; it is an efficient method to do it. He July 8, 2013 REGULAR COMMISSION MEETING Page 12 believes this is a prudent move and it will help streamline. He stated although it does eliminate some volunteer positions, there are other boards that they can be involved in. Commissioner Beckenbach asked if the people coming before the Code Board are becoming more litigious and if they are then he believes they should lean more toward the magistrate. Mr. Jensen stated he believes the only time people come in with lawyers is for a dangerous dog case, very rarely do lawyers come in representing people on anything else. Discussion ensued and Commissioner Beckenbach asked that this be deferred so he could do more research. Commissioner Beckenbach withdrew his motion and Mayor Borno withdrew his second. Mr. Jensen stated they could either defer it to a time certain or defer indefinitely and someone would have to bring it back. Motion: Defer indefinitely. Moved by Beckenbach, Seconded by Woods Mayor Borno encouraged the Commissioners to discuss with the Building Official and Code Enforcement people and get a feel for their side of this. Commissioner Mark encouraged them to come to the Workshop to give the Commission feedback on how they feel about this or they could send an email to the Commissioners. Mr. Jensen stated everyone here is free to attend the Code Enforcement Board meetings and see how they operate. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED L. ORDINANCE NO. 20-13-124, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -13 -124 by title. Motion: Approve Ordinance No. 20 -13 -124 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno explained this is to add grant revenues and expenses for the first phase of the construction of the pedestrian path at Tideviews Park. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED July 8, 2013 REGULAR COMMISSION MEETING Page 13 8. Miscellaneous Business A. Approval of Interlocal Agreement w /COJ for Country Club development. This item was taken out of sequence and acted on earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15 -17. Motion: Designate Mayor Mike Borno as the voting delegate for the Florida League of Cities Annual Conference in Orlando. Moved by Mark, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and greenspace in the Selva Marina Development. Mayor Borno stated this does not include writing, it is just reviewing. Mr. Hanson stated the Country Club thought it appropriate for them to write so that would put our consultant in the role of reviewing it and making recommendations. Commissioner Beckenbach stated he would like to make a motion. Motion: Use the North Florida Land Trust as the City's consultant to review the Recreation and Conservation Easement being prepared by Atlantic Beach Partners, LLC & Selva Marina Country Club, Inc., per Ord. 90 -13 -216, and for North Florida Land Trust to make any recommendations on said Easement to the City. Moved by Beckenbach, Seconded by Woods Commissioner Beckenbach thanked Marc Hudson for coming and representing North Florida Land Trust. He stated this is very important to the future and when he is 90 years old he wants to make sure there is still greenspace over there. He stated he believes the North Florida Land Trust will be beneficial to us and worth the small amount of money they are talking about to bring them in to review this. He stated after their review they can give us the information that we need in order to make the proper decisions, along with Alan Jensen. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED D. Discussion of options in regard to Second Reading of Ordinance No. 90 -13 -216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. This item was taken out of sequence and acted on earlier in the meeting. July 8, 2013 REGULAR COMMISSION MEETING Page 14 9. City Manager A. City Manager's Report. City Manager Hanson reported on a proposed Cultural Arts and Recreation Committee event. It will be an exercise session for children to be taught by Jeff Wight on July 15, 17 and 19. He stated this will be taught at the Atlantic Beach Elementary School track and will cost $10.00, which will be donated to Atlantic Beach Elementary. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Woods • Believes this new process is working well and has slowed things down enough for everybody to give it due consideration. • Stated she sent out an email about the dirt parking lot at town center stating they had to rescue someone who was stuck in the mud there. She stated she spoke to Mike Griffin about this who spoke to the property owner and they said they would be happy to come to our next workshop and discuss the options with us. She stated she would like to see if the City could work with the property owner to put in some fill dirt to help dissipate the water and keep people from getting trapped in there. She stated she knows the City is not in the habit of improving private property but believes the public is getting a benefit from this parking lot and they should at least look at it. • Reminded everyone there is a Town Hall meeting this Saturday from 10 to noon at Donner. • Spoke with Representative Janet Adkins about improvements on Mayport Road and Atlantic Blvd. and they will be meeting with the City Manager and representatives from Neptune Beach to talk about programs DOT has and what they can do for those corridors. Mayor Borno • The 4th Fleet anniversary is this week. • Looks forward to the next workshop. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:57 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on June 24, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. A T T O R N E Y S A T L A W ATTACHMENT A T. R. HAINLINE, JR. 1301 Riveip lace Boulevard • Suite 1500 Jacksonville, Florida 37207 904. 346. 5531 THainline @rdaw.com July 1, 2013 Revised July 3, 2013 904. 398 . 3911 Main 904.396.0663 Fax ww\vrda\vcom Mr. Jim Hanson City Manager, Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 RE: Atlantic Beach Country Club SPA; Ord. No. 9043 -216 Dear Jim: Atlantic Beach Partners, LLC ( "ABP "), and Selva Marina Country Club, Inc. (the "Club ") will agree to the following condition in the pending Special Planned Area: "Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit the uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity." Regarding the issues of re -use, annexation, and the Recreation and Conservation Easement: 1. ABP and the Club will agree to utilize re -use water as the primary source of irrigation water for the proposed uses, provided that availability is satisfactory for the proposed uses and that applicable water quality standards are met. On June 19, we submitted to you a draft agreement on this issue, and on June 28 we had a productive meeting with you to discuss revisions to the draft. We look forward to concluding those discussions and executing the agreement soon. 2. ABP and the Club support annexation of the City of Jacksonville portions of the Property into the City of Atlantic Beach. On June 25, the Jacksonville City Council approved an interlocal agreement advocated by ABP and the Club which, among other items: recites ABP's and the Club's support for annexation; states that ABP and the Club will initiate a proposal for annexation; and provides that the City of Jacksonville and City of Atlantic Beach will consider the proposal. 3. As part of the agreement described in Paragraph #1 above, ABP and the Club will agree to record a Recreation and Conservation Easement on the golf course portion of the property (excluding the practice facilities to be located south of the internal roadway) limiting Mr. Jim Hanson July 3, 2013 Page 2 the uses on that portion of the property to recreational uses and conservation/greenspace, including the golf course and related uses. The agreement will provide that the Recreation and Conservation Easement will be recorded after the closing of the sale of the property to ABP and prior to commencement of the City's construction of the reuse system. We trust that the proposed Special Planned Area condition and other points addressed above are responsive to the questions posed on these issues. Please contact me if you need any additional information. TRH:sql cc: Rick Wood (via electronic mail) Leed Silverfield (via electronic mail) Mike Carlin (via electronic mail) John Meserve (via electronic mail) Alan Jensen, Esq. (via electronic mail) JAX \1782623_2 -2- Sincerel T.R. ainline, Jr. MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON JUNE 24, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The Mayor called the meeting to order at 6:33 p.m. in the Commission Chamber. He explained the special meeting was called to approve the Resolution in support of not doing away with the Public Library at the beach. 1. RESOLUTION NO. 13 -10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING THE BENEFITS OF PUBLIC LIBRARIES, ENCOURAGING THE CITY OF JACKSONVILLE TO KEEP THE BEACHES LIBRARY IN NEPTUNE BEACH OPEN FOR THE PUBLIC AND REMINDING THE CITY OF JACKSONVILLE OF ITS REQUIREMENTS UNDER THE INTERLOCAL AGREEMENTS TO PROVIDE LIBRARY SERVICES TO ATLANTIC BEACH. Motion: Approve Resolution No. 13 -10. Moved by Mark, Seconded by Daugherty Mayor Borno read Resolution No. 13 -10 by title. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED The meeting was adjourned at 6:35 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JUNE 24, 2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Rick Carper, Public Works Director Mike Classey, Police Chief Donna Kaluzniak, Public Utilities Director Erika Hall, Principal Planner Jeremy Hubsch, Redevelopment and Zoning Coordinator Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of July 8, 2013, was called to order at 6:35 p.m. by Mayor Borno. Workshop -only items: 1. Presentation by Gary L. Anderson — Coastal Ecosystems. Mayor Borno introduced Mr. Anderson who gave a PowerPoint presentation, entitled Florida Coastal Adventures, related to our natural resources and ecosystem. He stated the slides, taken mostly in Atlantic Beach, show some of the things that make up the character of this particular region and make it special. 2. Jeremy Hubsch, Redevelopment and Zoning Coordinator — Mayport Road Redevelopment. Mayor Borno introduced Jeremy Hubsch who explained what he has done so far as the Redevelopment and Zoning Coordinator and what his plans are for the future related to the Mayport Road corridor, including forming a Mayport Advisory Group. He stated he is encouraged by what he has seen and believes they will get things turned around. He answered questions from the Commission. *Discussion of Agenda Items on July 8, 2013 Commission Meeting: Item 7A was taken out of sequence and discussed at this time. A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING Minutes — City Commission Workshop June 24, 2013 Page 2 FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance 90 -13 -216 by title. Commissioner Beckenbach discussed his concerns related to the conservation easement stating after discussing these with the City Attorney, he has proposed something that will give the citizens all of the legal language that is required for this conservation easement. City Attorney Jensen explained the language they propose to add to the ordinance for the July 8th meeting. He stated he does not believe this is a substantial change to the Ordinance because the changes are not substantive and do not affect the zoning but it is more of a procedural type change, but that is for the Commission to determine. He further stated the commitment to the conservation easement is also contained in the master agreement whereby they are committing to do that in perpetuity as well. Discussion ensued and Mr. Jensen answered several questions from the Commission. Item 7G was taken out of sequence and discussed at this time. G. ORDINANCE NUMBER 90 -13 -218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Principal Planner Erika Hall summarized her staff report explaining the purpose is to move the existing maintenance facilities from the northwest corner down to the new parcel. She stated where the maintenance facilities currently are the skilled nursing care facility will be renovated with a memory care center for Alzheimer's patients next to it. She answered questions from the Commission. 1. Minutes of the Regular Commission Meeting of June 10, 2013, the Special Called Commission Meeting of May 28, 2013, the Commission Workshop of May 28, 2013, the ICMA University Web Conference of June 6, 2013, and the Candidate Workshop of June 6, 2013. Commissioner Beckenbach commented on the minutes of the Web Conference asking that "it is important to avoid the perception of having a closed government and the key is to keep the citizens, the Commission and the newspaper well informed and put it out in a timely manner" be added. Mr. Hanson asked that he send him that wording in an email. It was the consensus of the Commission to add that wording to the minutes. Minutes — City Commission Workshop June 24, 2013 Page 3 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. Mr. Hanson stated the first Town Hall meeting will be held on July 13 at 10:00 a.m. at the Donner Center. Discussion ensued. Mr. Hanson reported on the cost of indexing the videotaped meetings as requested at the last meeting. He stated there are two options. He stated the cost to pay someone outside would be $120 /meeting; to have staff do this in- house, using the worst case scenario of paying overtime for a staff member to watch the meetings, it would be $52 /meeting. He answered questions from the Commission. Discussion ensued. Mr. Hanson further reported that the Commission asked that they set a meeting before the budget workshop to help the Commission better understand the complexities of the City's budget documents. He stated he would like to expand that to include the report on the pay study. He stated he will have staff call them to check their schedules to set this workshop at the end of July. Discussion ensued. 4. Consent Agenda A. Acknowledge receipt of the Financial Report for April, Building Department Monthly Activity Report, the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of $12,083 of forfeiture funds for equipment purchases and $3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on -line applications on behalf of the Mayor and the City. Commissioner Daugherty asked why the $3,500 is being subsidized from the General Fund in Item 4B. Chief Classey explained that is an annual maintenance cost and once they purchase the equipment that $3,500 becomes a normal operating expense, which forfeiture fund expenditures cannot be used for. Chief Classey also explained the JAG grant. Item 8A was taken out of sequence and discussed at this time. 8A. Approval of Interlocal Agreement w /COJ for Country Club development. Mr. Hanson explained the Interlocal Agreement stating the agreement stipulates that Atlantic Beach will receive all of the fees for permitting and inspection. He stated he recommends the Minutes — City Commission Workshop June 24, 2013 Page 4 Commission approve the agreement. He answered several questions from the Commission. Discussion ensued related to annexation. 5. Committee Reports None. 6. Resolutions A. RESOLUTION NO. 13 -09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Resolution by title. Rick Carper summarized the maintenance agreement, stating this is the same agreement we have had every year since the early 1990s. He stated it puts the ponds along Mayport Road and Atlantic Blvd under our maintenance for which DOT pays us $51,000 /year. He stated this does not include the Atlantic Blvd. or Mayport Rd. medians, which were put in at our request and are fully funded by Atlantic Beach. He answered questions from the Commission. Discussion ensued. 7. Ordinances A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. B. ORDINANCE NO. 90-13-217, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE- FAMILY (RS -1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion. C. ORDINANCE NO. 20-13-122, Public Hearing and Final Reading Minutes — City Commission Workshop June 24, 2013 Page 5 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Discussion ensued related to a multi- camera system. Commissioner Mark suggested reviewing this at the budget workshop instead of approving this for a single camera system for just one meeting. Commissioner Woods disagreed stating she believes they need to keep moving ahead because you never know what is going to happen in the budget process. D. ORDINANCE NO. 95-13-106, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion. E. ORDINANCE NO. 5-13-59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Commissioner Beckenbach stated he called Neptune Beach pertaining to how well this was working for them and they said it was phenomenal. Discussion ensued. F. ORDINANCE NO. 75- 13 -18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno stated this Ordinance is about taxi cabs. There was no discussion on this Ordinance. Minutes — City Commission Workshop June 24, 2013 Page 6 G. ORDINANCE NUMBER 90 -13 -218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. H. ORDINANCE NO. 95-13-107, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Mr. Hanson explained the background of the property stating there is an Ordinance required by Florida Statute before a city sells any property. He stated all this Ordinance says is that we don't need the property and are able to sell it; it doesn't specify how to sell the property. He further stated Beaches Habitat has looked at the property and has expressed an interest in buying it and remodeling it so they can put a homeowner in it. Discussion ensued on how to sell the house. Mr. Jensen further addressed the issue stating this house went before the Code Enforcement Board because it wasn't properly maintained and they were given a certain time by the Code Enforcement Board to bring the property up to meet the standards required by the Board. He stated they didn't meet that and started accruing a fine of $100 /day and when that reached $25,000 that was when they got permission to file the foreclosure suit. He stated this is an unusual case and is different from other City -owned property in that we got it through the Code Enforcement procedure. He stated this becomes a question of what the Commission wants to do with Code Enforcement Board property. He stated he doesn't believe it is the intent of Chapter 162 of the Statutes or our Code Enforcement Board ordinances for the City to make money on this property. He stated the intent is for the property to be improved and for somebody to be in there taking care of it. He stated, for example, if Beaches Habitat said they want to do this and they can get a responsible owner in there and the City can recover its cost, then the City is accomplishing what the goals of the Code Enforcement Board are, i.e. getting it brought up to standards and getting somebody in there to take care of the property and properly maintaining it He stated the number of houses they are going to get title to as a result of the Code Enforcement Board is very small. Further discussion ensued. Mayor Borno suggested the Commissioners put their ideas for the sale of the house on the agenda as an action item and they could be voted on at the next meeting. Mr. Hanson pointed out that the sooner they can get an answer the better because the City is paying to maintain the house now. He stated this item may make sense to have as a special meeting at the next workshop. Mr. Jensen stated they can propose an amendment to the Ordinance at the first reading. Minutes — City Commission Workshop June 24, 2013 Page 7 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Public Works Director Rick Carper summarized the Ordinance showing a slide of the street closure. He answered questions from the Commission. Discussion ensued. J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Public Utilities Director Donna Kaluzniak summarized the Ordinance, explaining all cities that have reuse systems have reuse ordinances and it is in our consumptive use permit that once we begin design of a reuse system, we have to adopt an ordinance within 90 days. She answered several questions from the Commission. Discussion ensued. K. ORDINANCE NO. 5-13-60, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. He stated he has been working with the City Attorney on this and explained his reason for wanting this change is that society and things have changed so much in relation to Code Enforcement Boards, with more people tending to bring their lawyers. He stated as they have voted to go with a special magistrate for dog cases he believes they should really consider going with a special magistrate for Code Enforcement. Discussion ensued. L. ORDINANCE NO. 20-13-124, Introduction and First Reading Minutes — City Commission Workshop June 24, 2013 Page 8 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Rick Carper summarized the staff report stating the purpose of this budget amendment is to provide construction funding for Phase 1A of the Preserves multi - purpose path. He explained we will be getting $17,500 of this money back after we have completed the construction. He showed a slide of the trail area. He answered questions from the Commission. 8. Miscellaneous Business A. Approval of Interlocal Agreement w /COJ for Country Club development. This item was taken out of sequence and discussed earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15 -17. City Manager Hanson stated at the next Commission meeting they will need to designate someone to vote, on the City's behalf, at the Florida League of Cities Convention on their policies and platform for the upcoming legislative year. He stated the only two elected officials who have signed up to go to the Convention are Commissioner Mark and the Mayor. Commissioner Woods stated she would nominate the Mayor because of all of his involvement over the years. C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and green space in the Selva Marina Development. Commissioner Beckenbach stated he believes the City should consider using a consultant related to the conservation easement to work with Alan Jensen, explaining Mr. Hudson's background. Discussion ensued. Commissioner Daugherty asked Mr. Jensen if there is a need for this and is there a fee for this consultant. Commissioner Beckenbach stated there would be a fee that depends upon how much we ask them to do. Mr. Hanson explained there is the drafting of the easement itself, which he believes would cost $2,500- $3,500, and once that is done there is a baseline documentation report which is an assessment of the property as it exists as of the date of the conservation easement, which becomes an historic document. He stated that would be another $3,000 to get that document. He stated, perhaps, they could get the country club or developer to pay for that part of it. Leed Silverfield, representative of the developer, stated he will discuss this with his partners and the club but he believes a deed restriction and a conservation easement seem to accomplish the exact same things. He stated for a deed restriction the City's lawyer could craft out a work with their counsel and, in his opinion, they would not need a consultant. He stated he does not believe the developer has a preference either way but needs to double check to make sure there is no negative impact. Answering Commissioner Daugherty's question, Mr. Jensen stated without seeing the conservation Minutes — City Commission Workshop June 24, 2013 Page 9 easement he cannot tell them whether they need a consultant. He stated if it is an in -depth conservation easement, he doesn't have a lot of experience with that, but if it is a fairly simple straightforward deed restriction which accomplishes what this Commission wants, then that would be acceptable. Mr. Jensen stated they reference in their contract a green space preservation agreement but he believes whatever they use they can make it so it is permanent. D. Discussion of options in regard to Second Reading of Ordinance No. 90 -13 -216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining green space. This item was taken out of sequence and discussed earlier in the meeting. 9. City Manager's Report. City Manager Hanson has nothing further to report. Mayor Bomo reported that Councilman Gulliford's installation as President is at 4:00 p.m. on Friday. 10. Courtesy of Floor to Visitors Mayor Borno opened the Courtesy of the Floor to Visitors. Sally Clemens, 1638 Park Terrace W., addressed Item 7K, stating she agrees that is a good idea. She asked if the Code Enforcement Special Magistrate is a lawyer, who hires that person and how much is the pay. Mayor Borno stated it is a lawyer, the Commission hires them and the pay is determined when they write a contract. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 8:34 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk *Formal action (if needed) will be taken at the Commission Meeting of July 8, 2013. Minutes of Town Hall Meeting Saturday, July 13, 2013 Present: Mayor Pro Tem Maria Mark Commissioner Carolyn Woods Commissioner Jonathan Daugherty City Manager Jim Hanson Approximately 15 citizens attended (sign -in sheets available) Mayor Pro Tem Mark called the meeting to order in the Donner Community Center at 10 am. She welcomed the citizens and invited their comments about any city related subject. Comments and discussions are summarized as follows: • Crime along the Mayport Corridor was the first concern. One resident was concerned about drunks, people sleeping at the location of the old Fred Saloon, gangs of young men roaming around in the lam to 2 am timeframe and people looking in their windows at night if they did not keep their curtains closed. • Mr. Selby was opposed to the landscape medians on Mayport Road as well as the Mayport Flyover. He stated it was hard to turn around and that the project had "killed" businesses. He wanted the City to take down the flyover. • Jimmy Hill was also opposed to the Mayport medians. He wanted "holes cut at key streets ". There was a general discussion about the value of the Mayport medians as well as the involvement in design and construction by the FDOT. • Mr. Reeves suggested a meeting be held with the FDOT concerning the medians. He also stated that the Commission was acting like a "homeowners association" and "against everything ", but not taking ownership of problems. He stated that the police station was one example. • Mrs. Brown indicated that she favored videotaping of public meetings, which was also supported by Jimmy Hill. • Mr. Hill said that the City's action in establishing certain parks had contributed to the crime problem because some of the more remote parks acted as crime magnets. He specifically said that prostitutes had used them and suggested that the City use the park rangers for more supervision. He supported putting a house on the largest remote park (Dutton Island) for a City employee to live in. He went on to say that he favored community parks like Donner which were active, but not parks like Tideviews which had more crime problems. • Steve Fouraker stated he was happy with the City's plan to install a single- camera system for videotaping of the commission meetings. • Michael Hoffman was concerned about pedestrian bicycle safety. He wanted to lower the speed limit on Mayport Road as well as lower the speed limits for all other streets in the City to 20 MPH. • Commissioner Daugherty said he favored speed bumps on city streets. However, there was a following discussion with several members in the audience who were opposed to speed bumps and preferred other options like rumble strips that would not damage cars that went over them. • Ray Brown said he was concerned about the City's finances. Specifically, he wanted the City to put more of the charges into taxes as opposed to fees. • Jimmy Hill said that he thought that the City representatives at the meeting did not have open minds. He stated that there had been too much money spent on studies and public planning. He favored letting the staff make the decisions without using consultants. • One citizen indicated a frustration with the lack of progress on the proposed project to install a fountain in the pond between 4th and 51h Street on Mayport Road. Michael Hoffman, who is involved in the project, explained the current status to him. • Steve Fouraker indicated in response to the numerous issues raised that "government is not easy" and that plans for the police station had not yet been finalized because there had not yet been a good enough plan put forth. • Jimmy Hill stated that he thought the City was often in a defensive mode when people are listening to citizen complaints. • Mike Hampton, who lives on Begonia Street had several complaints. The first was about his yard flooding during rain storms. Second, he received a citation for parking his boat in the front yard and third, that there is a "habitat home" that was not far from his house that had tall grass and weeds in the front yard. He wanted the City to change the Code to allow for boats in the front yard. Last he complained that there were two boats in City ditches on the side of the Dagley junk yard that were blocking the drainage. • There was a general discussion among the group about the proposed wastewater reuse system and the Selva Marina Golf Course project. Commissioners explained why the City was involved in the project. • Sally Clemens talked about plans for a possible roundabout at the five points intersection, the speed limits on her street and boats in the front yard. • Jimmy Hill wanted to be able to have public input from the citizens at commission meetings at the time that each subject was discussed. He said that he understood that, if elected as a city commissioner, the meetings would "last much longer ". Mr. Hill said he also favored letting all registered trailers be parked in front yards. • Steve Fouraker was concerned about people blocking City streets with parking on both sides. He was advised to call the police department when this happens. Meeting was adjourned at 12:00 pm. Jim Hanson City Manager