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MinutesMINUTES REGULAR CITY CONIiVIISSION MEETING November 28, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Ivlayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Borno, was followed by.the Pledge of Allegiance to the Flag. Mayor Wolfson recognized former Mayor Shaughnessy, former Mayor Fletcher, and Lynn Drysdale, member of the Community Development Board, in attendance at the meeting. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 14, 200. • Campbell Ford, of 1825 Ocean Grove Drive, representing Ms. Lindley Tolbert, objected to the minutes as written. He expressed concern that a Commissioner's objection to the replat on the agenda tonight was heard when reviewing the tape recording of the previous meeting, but was not included on the record. IVlotiofi: Annrove the minutes of the Regular Commission 1Vleetin~ nn November 14, 2005 as written. Moved by Waters, seconded by Fletcher Votes: Aye: ~ -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 IyIOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor proposed to move Item 8A forward on the agenda, following the Courtesy of the Floor to Visitors. He indicated that citizens addressing other issues would be called forward at this time and noted that he would reopen the floor for public comments on Item 8A during that discussion period. November 23, 2005 RrGULAR COMMISSION MIs'I;TING Pa e ~ Jane Wytzka, 352 Second Street, expressed the need for the City to implement a moratorium on tearing down or building new residences in old Atlantic Beach. She apologized for not being able to communicate her thoughts to the Commissioners prior to the meeting. She gave examples of friends and neighbors who were upset about changes in their neighborhood. She spoke against tearing down houses and rebuilding larger houses that do not fit with the character of the neighborhood. Ms. Wytzka also clarified a quote in the Shorelines newspaper regarding her comments regarding a neighbor's swimming pool. Lynn Drysdale, 1768 Ocean Grove Drive, addressed the issue of payday loans and asked that the Commission not delay taking action on this item for too much longer. She pointed out that one of these types of operations is located on Mayport Road and discussed the negative impacts they have, especially by targeting military bases. She stressed the importance of this issue and asked the Commission to review the documents she distributed to them, which included a draft ordinance proposal and further information on payday loan operations. 1Vlichael Hoffman, 176 Camelia Street, thanked the Commission for addressing the issue of the electoral system in the City and encouraged them to consider district representation. He criticized the current at-large system and suggested a new structure consisting of four Commission seats, one from each precinct, and a Mayor elected at-large. Mr. Hoffman suggested that a referendum for this item be placed on the November 2006 election ballot in order to ensure a large voter turn-out for the issue. He also suggested that the Commission televise their meetings and noted that it is now a common procedure in many cities. Agenda Item 8A was taken out of sequence and acted upon at this time. 8. Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva LVTarina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager} Mayor Wolfson stated for the record that this is a quasi judicial hearing to be conducted in an informal, yet courteous and professional manner. In accordance with the recommended procedure for this type of hearing, as suggested by the City Attorney, the Mayor first asked City staff to make their presentation on the subject. Novemher 23, 21)05 REGULAR CONIYIISSION Nll;i;TING Page 3 Sonya Doerr, Community Development Director, confirmed and reiterated the summary of the applicant's request as stated by the Mayor. She ' displayed an aerial photo and indicated the area being discussed. Ms. Doerr noted that the application went before the Community Development Board at their previous meeting and that the Board recommended denial of ' ' ~ ~ the request, citing the findings of fact stated in the staff report. Ms. Doerr also referred the Commission to the subdivision regulations. Commissioner Waters asked why this request was brought before the Commission this evening. Ms. Doerr explained that, according to Chapter 24 of the City's Code, replat requests are processed first through staff, then before the Community Development Board, and finally come to the Commission to take action on the final subdivision plat. She further clarified that the division of a lot can be approved administratively if it is being divided into two lots and meets all the appropriate regulations and requirements. However, Ms. Doerr noted that this situation involves one original parent lot that is being proposed for a final division into three individual lots. Mayor Wolfson called the applicant to present her case. Mr. Campbell Ford introduced himself as an Atlantic Beach resident at 1825 Ocean Grove and as the attorney representing the applicant, Ms. Lindley Tolbert. He stated that the property in question was originally one lot which had been divided into two lots by the previous owner and now the applicant is requesting to divide the larger lot into two lots. Mr. Ford referred the Commission to information that he had distributed to them, which is attached and made part of this official record as Attachment A. He pointed out that the purpose of the final subdivision plat review is to ensure that the proposed final plat meets all the requirements of the land development regulations. He indicated that the applicant has met all the rules and regulations and, thus, it is the Commission's responsibility to approve the replat. He declared that if the Commission did not approve the replat, the applicant's request would be taken to the court system which is the next level of review. Ms. Lindley Tolbert, 334 Sixth Street, expressed concern that her request for a replat has become a political process instead of a review of whether she has met the rules and requirements on the subject. She asked that the Commission base their decision on the rules and regulations of Atlantic Beach. She expressed concern that, at the previous Commission meeting, a Commissioner had stated opposition to her request without first hearing her case. Ms. Tolbert presented the background of her case and displayed maps of the lots being addressed and their proposed division. She discussed the dimensions of the proposed separate lots and noted that they all exceed the minimum lot requirements of the City. Ms. Tolbert stated that she worked closely with the Community Development Director and followed all the necessary procedures required for the replat. She commented on the Community Development Board and indicated that its members should be November 2R, 30(15 REGULAR CONII~IISSION MEETING Page 4 impartial and have a level of expertise on the rules and regulations of the zoning process. She gave examples of her experience with the Board that contradicted this expectation. Ms. Tolbert reported that the City Attorney did not believe that a denial of her request could be defended in court and, thus, she questioned why the Community Development Board would not ' follow the advice of the City's counsel. Mr. Ford explained the frustrations associated with this case and addressed concerns that it has become a political process. He provided in-depth discussion on the Commission's obligation to follow the rules and regulations established by the City and the differences between the City's codes and the City's goals and objectives. He declared that his client had not violated or ignored any of the rules and requirements and he addressed the possibility of a lawsuit if her request was denied. Mr. Ford handed out a verbatim transcript taken from the tape recording of the previous Commission meeting. This document is attached and made part of this official record as Attachment B. He indicated that the information contained within the transcript was not included in the minutes of that meeting and insisted that it should be made part of the City's official records. He offered to answer any questions from the Commission. Commissioner Waters asked if Ms. Tolbert had bought one or two lots. Ms. Tolbert responded that she had purchased two separate lots and offered to submit the paperwork supporting this statement. There was further discussion clarifying the reasons her request was brought before the Commission. Commissioner Simmons inquired if the transcript page distributed by Mr. Ford was the only portion of the minutes being requested as verbatim for the official record. Mr. Ford confirmed this and the Mayor ensured that the City Clerk was given a copy of the transcript. Mayor Wolfson opened the floor to public comments addressing the issue. The following individuals spoke in favor of approving the replat requested by Ms. Tolbert: John Galeani, 1628 Beach Avenue, Atlantic Beach Al IVlansur, 2218 Alicia Lane, Atlantic Beach Michael A. Liff, 385 Third Street, Atlantic Beach Peter Litsky, 322 Sixth Street, Atlantic Beach Brian Platock, 1640 Beach Avenue, Atlantic Beach Tina Grant, 1909 Selva Marina Drive, Atlantic Beach Michelle Dominick, 93 Kimberly Court, Atlantic Beach Jennifer Walsh, 2133-4 Seminole Road, Atlantic Beach November 28, 2005 REGULAR CONINIIS.SION MEETING Pale 5 The following individuals spoke against approving the replat requested ~y Ms. Tolbert: Bob Liggero, 389 Twelfth Street, Atlantic Beach Susan D. Mariani, 360 Twelfth Street, Atlantic Beach Kevin Bodge, 336 Twelfth Street, Atlantic Beach Linda Dunlap, 1251 Selva Marina Circle, Atlantic Beach Kate Dickson, 320 Twelfth Street, Atlantic Beach There being no more comments from the public, the Mayor closed the public hearing and asked the staff if they had further comments. Community Development Director Doerr reiterated the importance that the Commission understand why this request is a replat procedure. The Mayor asked that she fully explain that issue for the citizens. Ms. Doerr complied, noting the differences between an administrative_approval and a replat level approval for the division of property. Mayor Wolfson offered the applicant's counsel the opportunity for rebuttal. Campbell Ford specified the dimensions and setbacks of the proposed lots and stressed that they will exceed the minimum requirements established by the City. Ms. Tolbert addressed some of the comments stated and indicated that the lot being discussed is the only lot in the area that has the amount of frontage that enables it to be divided. She stated that she does not believe that she has misled anyone or is destroying the neighborhood. The Mayor opened the floor to the Commission. Commissioner Waters brought up the issue of restrictions and covenants within subdivisions. Community Development Director Doerr provided information and clarification to his questions and comments. Commissioner Waters questioned if it was the responsibility of the City to protect the interests of the citizens of a neighborhood, such as Selva Marina, which does not have an active homeowner's association. He asked the City Attorney if residents and property owners have the rights to protect their property from radical change within their neighborhood. City Attorney Jensen responded that only an elected body can make changes in the neighborhood through an established process. Commissioner Waters discussed the Community Development Board's finding of fact that the proposed replat is not compatible with the adjacent properties in the surrounding area. He believed that point was sufficient reason to vote against the replat and that the City should not undermine what has been established for years. Commissioner Fletcher asked City Attorney Jensen to clarify the Commission's rights and responsibilities relating to the disclosure of their communications with the public. The City Attorney explained that the City follows the legal procedures of State Statute through adoption of a November 23, 2005 RrGULAR CONI1~[ISSION bII:ETiNG Pale G Resolution which requires the elected officials to disclose any ex-pane ' communications regarding land use matters before taking action on those matters. Commissioner Fletcher proceeded to question if the Community • Development Director found the replat request to be consistent with the City's Comprehensive Plan. He specifically questioned the request's consistency with the Comprehensive Plan Goal A.1, and Objectives A1.6 • and A1.3 of the 2015 Comprehensive Plan Future Land Use Element. Ms. Doerr stated that there was no evidence or findings that the proposed replat would not be consistent with the Comp Plan and that she could only make a ' ' recommendation based on the evidence and facts presented. Commissioner Borno asked the City Attorney if there was a difference • between Following the letter of the law or following the spirit of the law. The City Attorney advised that the Commissioners took oaths to obey and uphold the laws of the City charter and ordinance. Commissioner Simmons asked if there ever existed any covenants or restrictions that protected lot size in this area. Ms. Doerr responded that at one time there were, however, those were private contracts which already expired and the City has no authority to enforce them. Discussion ensued regarding the ability and procedures for enforcing neighborhood covenants and restrictions. The City Attorney was questioned if there currently existed any valid covenants for the Selva Marina neighborhood. He did not believe that there were any still in existence. Commissioner Fletcher brought up the subject of pending zoning and asked • Community Development Director Doerr to clarify how it is applied during a decision making process. Ms. Doerr responded that once a local government has initiated the process to change zoning laws and the public knows that this is underway through proposed draft ordinances, the City can ' delay certain approvals until the zoning issue is completed. Further discussion ensued regarding what constitutes the initiation of the process to . change the zoning laws. The City Attorney clarified that, at this point, there has been no initiation of the process for the City to change its zoning. Commissioner Fletcher asked the City Attorney to clarify the use of moratoriums. City Attorney Jensen responded that the Commission is in the midst of a quasi judicial setting and they are obligated to make their decision on the evidence presented. He specified that no evidence had been presented regarding covenants or moratoriums and it was improper to go beyond the presented evidence to make a decision. Mayor Wolfson asked Mr. Ford for clarification of the information that he provided to the Commission at the beginning of the meeting. Mr. Ford explained that it referred to the final subdivision plat process and approval, • pages 100-101 of Section 24-205 of the City's Code. He reiterated the November 2K, 2005 REGULAR CONIiVIISSION MEETING Pa ~e 7 points that the sole purpose of the final subdivision plat review process and approval is to ensure that the request meets all the necessary requirements. Mayor Wolfson asked Ms. Doerr under what circumstances is it mandated that a replat be approved. Ms. Doerr explained that land development ` regulations establish a procedure and once a property owner meets those requirements and follows the process, they are entitled to approval. She noted that this request has met all the requirements and followed the procedures established and she, therefore, can not create a justification for denial. The Mayor discussed the historical nature of the Selva Marina neighborhood, the zoning authority that existed at that time, and the structure of the neighborhood over time. Ms. Doerr pointed out that over the past years many divisions have occurred that were not required to come before the Commission. The Mayor addressed the authorities, roles, and responsibilities of the Commission, the Community Development Director, and the Community Development Board in this decision-making process. Mayor Wolfson inquired if this request is being made by a small developer. Ms. Tolbert stated that is incorrect. The Mayor asked if Ms. Tolbert intended to live in any of the three proposed plats or if she intended to sell any of them. Ms. Tolbert questioned the relevance of the question and reiterated that she is not a developer. The Mayor asked Ms. Doerr if development of the replatted property would increase the impacts on the neighborhood's infrastructure. Ms. Doerr noted that any developer has to comply with the appropriate regulations and there is no evidence that there would be a substantive impact. The Mayor asked Ms. Doerr to state, orally for the record, the formal position of the Community Development Board. Ms. Doerr announced that the Community Development Board recommended denial by a 5:1 vote and, per the request of the Mayor, proceeded to read aloud the Recommendation from the Community Development Board, in its entirety, including the Goals and Objectives as listed exactly in the Staff Report, which is attached and made part of this official record as Attachment C. Upon further questioning by the Mayor, Ms. Doerr stated that her recommendation is that this request is not inconsistent with the City's ordinance for a replat. Commissioner Simmons noted conflicts among the Community Development Board's findings of fact and some of the information heard this evening. She did not believe that the Board's recommendation for denial was explained by their findings of fact. November 23, 21)0 RI;GULr1R CONINIiSSION 1~IrETING Pate 8 Commissioner Simmons had three questions for the City Attorney. She' asked if this subdivision meets all of the City's codes. Mr. Jensen replied that it does. Commissioner Simmons asked if the Commissioners are sworn to uphold the City's laws. Mr. Jensen confirmed that this is part of their oath of office. Commissioner Simmons inquired what consequences would result if the Commission did not uphold the laws. City Attorney Jensen responded that the City could be sued. Commissioner Borno asked for clarification of the meeting date when this issue was heard before the Community Development Board. He noted that the Board minutes state that the Board heard the issue at their meeting on August 16`h and questioned the correctness of that. Ms. Doerr responded that the. date should read November 15, 2005 and stated this correction for the record. Commissioner Waters inquired about the number of administrative divisions that have been approved in the Selva Marina neighborhood and noted that it is not even a common procedure within the City as a whole. He further questioned why the City accepted a plat for the Selva Marina area and then would allow it to be destroyed. A lengthy discussion ensued, between Commissioner Waters and City Attorney Jensen, regarding the average lot size and frontage of the properties in Selva Marina. Commissioner Fletcher asked the City Attorney if the Comprehensive Plan Objectives are included as competent, substantial evidence for this hearing. City Attorney Jensen answered that they are goals and objectives which can be implemented through Chapter 24 of the City's Code. He noted that they can not be used as evidence, but can be used as guidelines or as a roadmap. He further clarified that they are not considered applicable regulations because regulations are established by ordinances. Commissioner Borno commented on the Commission's need to understand the rules and regulations as they currently exist. He noted that if they were not satisfied with them, they could discuss and consider changing them for the future. Commissioner Fletcher reiterated his belief that the request does not appear to be consistent with the Comprehensive Plan and discussion ensued regarding the relevancy and application of this finding. City Attorney Jensen provided clarification between evidence and the findings of fact, which are based upon that evidence. Mayor Wolfson inquired if any Commissioner had reviewed Chapter 177 of the Florida State Statute. He asked Ms. Doerr if she was familiar with the Chapter. Ms. Doerr responded that it establishes the technical requirement for how a plat is. prepared and she provided some specifics regarding that process. November 23, ?005 _ REGULAR COMMISSION MEETING P~ e 9 Mayor Wolfson noted that there was a lot of technical information that lie would like the opportunity to review and thus suggested that the decision be deferred until the next meeting. Motion: Defer action an Item 8A until next regular Commission meeting on December 12. 2005. Moved by Waters, seconded by Fletcher .. Mayor Wolfson asked the applicant's counsel if deferring the decision would be problematic for them. Mr. Ford encouraged the Commission to obtain enough information to understand the rules and laws for this case. He stated he would only object if the case turned into other issues due to the delay. Ms. Tolbert inquired when they could expect a decision and she was told it would be decided at the next regular Commission meeting on December 12, 2005. Commissioner Borno asked, if differences are found between Florida State Statute Chapter 177 and the City's ordinances, which of the two legislations would govern. The Mayor replied that hopefully they are not in conflict, but, if so, then they would have to review case studies and do further research. City Attorney Jensen cautioned the Commission that the presentation of the evidence has been closed and that it is improper for them to have any communications with anyone regarding anyof the information pertaining to the case. He further noted that the Commission has to base its decision on what has been heard tonight. The City Attorney also advised that, ` • according to the City's resolution, each Commissioner should make the • required disclosures before leaving tonight. The Mayor called the question (to defer the decision until the next regular Commission meeting on December 12, 2005). Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1- Borna MO'I'IUN CARI2lL+'U At 10:05 p.m. Mayor Wolfson called aten-minute recess and the meeting reconvened at 10:15 p.m. The Mayor took item SA out of sequence at this time. ~. Committee Reports A. Cultural Arts & Recreation Advisory Committee Novemher 23, ?005 REGULAR CONiNiISSION MEETING Page 10 . Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory ' Committee, presented the semi-annual report for the events and activities of ' ' the Committee. He briefly commented that the committee has a number of . , existing programs in place that are working well and a number of new ideas to be implemented for the future. He commended Timmy Johnson, Director ' of Parks and Recreation, on his work and guidance with the Commttee. He offered to answer any questions from the Commission. ' Commissioner Borno inquired if the Commission could receive a written summary of the Committee's report. Mr. Pritchett confirmed that he would email a copy to Mr. Johnson for distribution to the Commission. - Commissioner Waters asked if the Committee follows a strategic planning process in order to ascertain what programs and events they would like to budget each year. Mr. Pritchett confirmed that each year the Committee evaluates the success of their programs and uses _those results in their budget planning. Commissioner Waters asked if the Committee reviewed art as well. Mr. Pritchett confirmed that they cover everything cultural, recreational, and artistic in the City. Commissioner Waters requested that this information be provided to the Commission during the City's strategic planning sessions. Item 4A was taken out of sequence and acted upon at this time. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and Public Safety Report for October 2005 (City Manager) B. Authorize the Director of Public Safety to apply for the Edward Byrne lYlemorial Justice Assistance Grant in the amount of $6,536.00 online, and to authorize the Mayor to sign the subsequent paperwork for the grant and the grant administration (City Manager) C. Acceptance of Ownership and Maintenance Responsibility Public Improvements on Scheidel Court (City Manager) Motion: Approve Consent Agenda Items A through C as presented Moved by Simmons, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous lVteeting from Previous Meeting . November 23, ?005 Ri:GULt1R CONINIISSION NII;TJTING Pat;c 11 A. City IYlanager's Follow-up Report ' City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment D. His report addressed the following topics: the city logo, palm trees for ' ' Dudley Street, diseased palm tree on Beach Avenue, and follow-up reports expected for the next Commission Meeting on December 12, 2005. The City Manager displayed a picture of Dudley Street that illustrated the number of hardwood trees and number of cars parked on the street. He explained that those factors, plus the utilities located on both sides of the ' street would make it difficult to plant a row ~of palm trees in that area. Commissioner Waters acknowledged that it was his original request for any type of improvement that could make the street more beautiful and accentuate the church and community center at th_ e end of the street. City Manager suggested adding his request to the tree list for this year and see ' what areas could be filled in with hardwoods. Consent Agenda 4. Consent Agenda This item was acted upon earlier in the meeting. Committee Reports 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee This item was acted on earlier in the meeting. i3. Board Member Review Committee (Commissioner Simmons) Mayor Wolfson noted that at the previous Commission meeting he had raised concerns with the resolution pertaining to the procedures for the ' Board Member Review Committee and their recommendations. He pointed out that he had requested proposed changes to the resolution be placed on this agenda as Item 8D and expressed his desire to discuss those changes before proceeding to the Board NIember Review Committee's report. Agenda Item 8D was taken out of sequence and acted upon at this time. D. Possible Changes to the Board IVlember Review Committee (Mayor Wolfson) The Mayor referred the Commission to Article II, Section 9, Item 3 of the City Charter and noted the conflicts that exist between the City Charter and Novemher 23, 2Q05 RI:GULt1R COIVINIISSION NiF,ETING Pale 12 the resolution. He voiced his concern that a literal interpretation of the ' existing language would give the Commission the absolute power to elect members to the boards and committees. The Mayor proposed three options for consideration: 1) Accept the ` resolution as written; 2) Revise the resolution so that it is consistent with • , the Charter; 3) Rescind the resolution. He then opened the floor for discussion by the Commission. .. Commissioner Simmons believed the system has been working well as it is and did not see it conflicting with the Charter. She noted that the Mayor ' ' has been a participant in the Committee so that any conflicts were resolved within the Committee, and then the Mayor's recommendation would go forth. She presented an alternate method for the Committee to submit their recommendations directly to the Mayor in a written report if the current • . Mayor chose not to be a member of the, Committee. Commissioner Simmons expressed concern that the lengthy process involved in changing • the City Code on this issue would delay the process of filling the current • vacancies on the Tree Conservation and Community Development boards. She suggested the need to consider ways to keep the momentum going • without interrupting the process of filling the vacancies on the boards while • they work on changing the Code. Commissioner Waters believed that the Committee is heavily flawed and needs to be substantially changed or eliminated. If the Commission decided to keep the Committee active, he proposed some modifications, such as the need to include more citizens and to reduce the number of Commissioners • and staff on the Committee. He disagreed with the idea that the Mayor has • the right to appoint members on every board and believed it varies by resolution and ordinance. Commissioner Borno appreciated the Mayor's suggestions but did not agree with all of the proposed revisions. He questioned the need to revise the system as it stood and described the Committee as an instrument for • assisting the Mayor with making recommendations. He asked that the Commissioners be able to review all applications submitted for the boards and committees. Commissioner Fletcher agreed that the language is inconsistent with the Charter and needs revision. However he questioned the need to make the • changes immediately and asked the City Attorney the consequences of allowing the Committee to remain in place until it is revised. City Attorney Jensen clarified that the Committee was established by a resolution, and • • therefore it is not part of the Code. He advised that the Commission could proceed as they deem appropriate. Lengthy discussion ensued regarding the resolution's conflict with the Charter, clarification of the proposed amendments to it, and changes to the composition of the Committee members. November 2S, 2005 Ri:Gi1LAR CON[NIISSION NIrRTiNG P~ e 13 Commissioner Simmons discussed the history leading to the current status of the Committee and resolution. She pointed out that the meetings of the Board Member Review Committee were originally scheduled in order to , invite and encourage all Commissioners to attend. She reiterated the importance that the Commissioners receive all the applications prior to the scheduled Board Member Review Committee meeting. Commissioner Waters addressed the purpose of the Committee and its role in ensuring that applicants are informed of the responsibilities associated with serving on the boards. He questioned the IVlayor usurping the Commissioners' rights to recommend members. Mayor Wolfson clarified that the Commission is empowered to establish official boards, and it is the Mayor's responsibility to appoint the members. The Commission continued to discuss the Committee's role and purpose and the need to provide revisions to the resolution. Commissioner Fletcher suggested that the Commission provide city staff with recommendations for revisions to the resolution so that they can bring back the appropriate language in a couple weeks. Motion: Defer action until the next regular Commission meeting on December 12, 2005 and have Commissioners provide the City Manager with their comments on changes to the resolution by Friday, December 2, 2005. IVloved by Fletcher, second by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 1VIOTION CARRIIJD B. Board ]Ylember Review Committee (Commissioner Simmons) Commissioner Simmons reported that the Board Member Review Committee reviewed two applicants for one vacant position on the Tree Conservation Board. She stated that the first applicant withdrew her application due to her preference for sitting on a different board. Commissioner Simmons commented that the second applicant was a long- time resident of Atlantic Beach, a master gardener, and an enthusiastic applicant. Due to the Mayor's questions regarding the Committee's recommendation system, the Committee deferred review of the Community Development Board applicants until notified to proceed. She asked the Mayor for direction on this item and the Mayor made a motion. Novemher 23, 2Q05 RRGULAR CONIN1iSSION NITJCTINC Pz e ld lVlotion: Appoint Carole Varney to fill the vacancy nn the Tree ' Conservation Board. 1Vioved by Wolfson, seconded by Simmons Commissioner Waters asked that the applications be included in the agenda packets when action is scheduled to be taken. ` Votes: Aye: ~ - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Miscellaneous Business 8. lYliscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager) This item was acted on earlier in the meeting. B. Request for a Waiver from Land Development Regulations Requirement for On-Site Retention for a lot located at 1718 Selva IVtarina Drive (City Manager) City Manager Hanson noted that this item was addressed at the previous Commission meeting and that the staff report was included in the agenda packet along with Mr. Career's recommendation for denial of the request. Rick Carper, Director of Public Works, added that staff did not receive any response from the applicant. Motion: Deny the request for a waiver from Land Development Regulations requirement for on-site retention for a lot located at 1718 Selva Marina Drive. November 28, 2005 REGULAR CONINIISSION MEETING Pale ]5 Commissioner tiVaters pointed out staff's error in their calculations ' pertaining to the owner's application and the need to treat all properties uniformly in respect to stormwater retention requirements. Moved by Simmons, seconded by Borno ~' Votes: . Aye: ~ -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIIJD C. Request for a Waiver from the Land Development Regulations .to exceed the 50% Impervious Surface Area limit within the Selva Linkside PUD for a lot located at 153$ Linkside Drive, North (City Manager) . Motion: Approve the request for a waiver to the 50% Impervious Surface Area limit, allowing for a maximum ISA of 54% for the lot . located at 1533 Linkside Drive. Moved by Simmons, seconded by Borno Commissioner Waters disagreed with swimming pools being considered as a pervious surface and indicated that this was contrary to the perspective of • ~ the Saint Johns River Water Management District. He believed that water from this property will run into another person's yard or into the street and stated that he would not approve this request. Charles Labassi, 1538 Linkside Drive, introduced himself as the applicant and acknowledged that he exceeded the impervious surface area limit. He provided some background information on his neighborhood and his involvement in the Linkside Homeowner's Association. He discussed the results and effects of the stormwater runoff from his property. Rick Carper, Director of Public Works, displayed a photo of the lot and the Commissioners discussed the permeability and surface area of the applicant's deck, swimming pool, and pavers on the property and their effect on surrounding areas. IVlayur Wull'sun couunented that Atlantic Beach has a very lenient . impervious surface area requirement compared with that of other cities and spoke against granting the waiver. The question was called and a roll call vote was taken by City Clerk Bussey. November 23,_2005 Ri:GUI,AR CONIN[i4SION 1VIErTiNG P~ ~c 1C Votes: Aye: 0 ' Nay: 5 -Borno, Fletcher, Simmons, Waters, Wolfson MOTION FAILED D. Possible Changes to the Board 1Vlember Revietiv Committee (Mayor Wolfson) This item was acted on earlier in the meeting. E. .Amend the Tree Planting Program to plant trees on private property in Royal Palms (City iVlanager) City Manager Hanson reviewed the staff report and indicated that staff recommends amending the Adopt a Tree program to allow for planting trees on private property within ten feet of the right-of-way in the Royal Palms neighborhood. Comnussioner Borno inquired what type of trees are recommended. The City Manager replied that most of them would be oaks, or hollies if planted under electric lines. Motion: Amend the Tree Planting Program to plant trees on private property in Royal Palms as submitted in the staff report IVloved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED F. Extension of the Existing Contract with Waste Services of Florida for Solid Waste Services (City Manager) City Manager Hanson reviewed the options for this item, as listed in the staff report and discussed at the previous Commission meeting. He noted that Steve Wright, General Manager for Waste Services of Florida, was in the audience to address any questions from the Commission. He presented the estimated costs and savings of the options and referred the Commission to the information he distributed to them. He indicated that, since the previous Commission meeting, the contractor offered the option of extending the decision deadline by one month so that the Commission would have until the end of December to decide what to do with the contract. He reported that the contractor also offered a shorter contract extension, one year as opposed to five years, in order to give the City the opportunity to test a specific area with the automated collection method. Novemher 28, 2Q05 REGUT.AR CONINIISSION NIrI;TING Pale 17 He reiterated that the other two options consist of rebidding the contractor of extending the contract as it currently exists for five more years. Commissioner Borno spoke in favor of moving to fully-automated service with a transition period to educate the citizens. .. IYlotion: Extend the sanitation contract for one near with existing level of service and tivaive the vehicle aye requirement and noting that there would he no extension after the one year. Moved by Borno, seconded by Waters - Mr. Wright noted that in order for the contractor to agree to the one year extension, any pilot programs would be at the cost of the city and, at the end • ~ of one year, the contract would have to go out to bid and could not be • extended: The Mayor confirmed that these details were included in the motion. Commissioner Borno reiterated his suggestion that the City implement a public education program, not a test pilot program. He also discussed with Mr. Wright the possibility of a transition station, utilizing the semi- automated trucks, and discussion ensued regarding other ways to experiment with the process. Commissioner Simmons pointed out that automated collection is implemented in cities nationwide and that the City • ' should emphasize their education program on informing the citizens of the schedule change to only one pick-up day per week. Commissioner Fletcher spoke against the motion and pointed out that the current contract is good and provides an excellent level of service and relationship with the contractor. He highly recommended keeping the existing contract for another five years. Commissioner Waters asked Mr. Wright why extending the contract for five more years would not be feasible for the contractor. Mr. Wright responded that his company has asked to end the contract due to operational losses, but would fulfill the contract if the Commission decided to extend it. Further discussion ensued regarding the details of the current and the proposed • contracts and types of service. The Mayor restated the motion and called the question. Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 1- Fletcher MOTION CARRIED November 23, 200 REGULAR CONiMISS[ON N1ErTiNG Pee 18 G. Comprehensive Height Limitation Charter Revision; ' establishment of timetable for approval of ballot language for a fall 2006 election (Mayor Wolfson) Mayor Wolfson discussed his concern that this issue needs to be approached in an intelligent fashion. He noted that the Community Development Board has been working on this issue and stressed .the importance of receiving citizen input and understanding on the item. He expressed being uncomfortable with a "flat" city-wide 35-foot height limit and noted there are areas in the City that might have different needs. He indicated the need to implement a timeline so that the item could meet the required deadlines for being placed as a referendum for an amendment to the Charter. He also recommended that the Commission determine which election would be best for placing the referendum on the ballot. City Manager Hanson reported that City Clerk Bussey received information from the Supervisor of Elections' office that it is standard to place this type of referendum on the November general election ballot. Mayor Wolfson suggested that the voter turnout would be more significant for the November general election and reiterated the need to move forward with creating the necessary timeline involving workshops, Community Development Board meetings, public meetings, and Commission meetings. Commissioner Fletcher suggested that, due to the late hour, the Commission should request that staff create written one-year timetables for the rest of the items on the agenda to be reviewed and acted upon at the next Commission meeting. The Commission discussed the differences between the September and November elections. Commissioner Simmons noted that all three referendum items are important and require more discussion than could be given at this late hour in the meeting. She suggested hiring outside consultant, Nore Winter, to assist the City with moving forward with the community character process so that the City could direct attention to the new referendum issues. Mayor Wolfson did not believe it necessary to retain Mr. Winter for additional service. Ms. Doerr reported that the Community Development Board discussed the height limitation issue at their previous meeting and the general consensus was to create a referendum that proposes to leave the height limits as they are. It was agreed that the Community Development Board could quickly and easily craft the necessary language for the height limit referendum. Commissioner Fletcher brought the Commission back to the issue of acquiring written time tables from staff for the three agenda items, and also for the community character and tree ordinance issues. November 28, 2005 REGULAR COMNIISSiON NIEETiNG Paec ]9 . Mayor Wolfson expressed concern with delaying the process for the three referendum issues by adding the two other items to their request for timetables from staff. Discussion ensued regarding the deadlines involved with the proposed referendum items. City Clerk Bussey clarified that the, second week in September is the deadline for completing the referendum ' ' ' ~ ~ language for the November election. Mayor Wolfson encouraged the Commission to move forward with the three items on the agenda and asked them for a consensus of which election should have the referendums on the ballot. ' Commissioner Waters supported the idea of bringing back the services of Nore Winter to further assist the City with the community character issue so that the City can also direct their efforts towards the items being discussed. - City Manager Hanson indicated that the issues being discussed involve strategic planning in order to determine their prioritization. He suggested beginning the strategic planning process as soon as possible, such as in January or February. He advised that each issue will require a lot of time and cautioned the Commission to realistically consider how much can be accomplished at one time. The Mayor reiterated and stressed the importance of establishing timelines and moving forward with these three referendum items. He suggested a ' special meeting or workshop be held to address the specific referendum issues, rather than including them with the Strategic Planning sessions. Commissioner Borno requested that the Commission receive the most recent quarterly update of last year's strategic plan prior to the workshop so that they can determine what the current status is for the on-going projects. ' It was the consensus of the Commission to place the three referendum items on the November 2006 ballot and to defer discussion of these items until a Referendum Workshop, set for January 16, 2006 at S:OU p.m. The Commission asked staff to provide a completed timetable with a September 2006 deadline for each item at the workshop. H. Eminent Domain Charter Revision; setting forth a process for consideration of the need for Atlantic Beach to hold a referendum on possible charter limitations on the use of eminent domain to acquire property from private property owners for the purchase by other private entities for the purpose of economic development (1Vlayor Wolfson) Discussion of Item 8H was deferred to a Referendum Workshop scheduled for January 16, 2006 at 5:00 p.m. November 28.2005 REGULAR CONINIISSION VII';CTING Paac 20 I. District Representation Charter Revision; setting forth a process and timetable for preparation of language to be included on the " ballot for a fa112000 election to elect city commissioners by district (Mayor Wolfson) - Discussion of Item 8I was deferred to a Referendum Workshop scheduled for January 16, 2006 at 5:00 p.m. City Manager 9. City Manager A. City LVlanager's Report City Manager Hanson reported that another public meeting on the Mayport " Road Median Project will be held on December 12`h, at 5:30p.m, in the Commission Chambers. He noted that this is another opportunity for businesses and residents to talk with the planners. He announced that he distributed an item to the news media that evening that compares the estimated traffic accident saving rates of these types of projects and the actual history of traffic accidents on Mayport Road. The item also included information on nationwide studies of these projects and their effects on the businesses in the area. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons • Reminded the Commissioners to give the City Clerk the names of individuals who communicated with them regarding Item 8A and to provide the City Manager with their versions for changes to the Board Member keview ~Conunittee. Commissioner Waters • Asked that City staff remove swimming pools from being classified as a permeable surface. Mayor Wolfson suggested that Planning and Zoning Director Doerr consult with a representative from the Saint Johns River Water iVlanagement District and bring back the . appropriate language for the Commission to consider at the next regular meeting. •:• Believed that the ability for people to administratively subdivide " ~ their property should be removed from the City's Code of Ordinances. He asked staff to bring back language for this proposal so that the Commission can act on it~at their next meeting. - ~ • Requested that the Commission discuss the issue of subdivisions and stated his desire to protect established platted neighborhoods from being replatted any further. The Mayor asked City Attorney Jensen November 2R, 20Q5 REGULAR COMMISSION MEETING Pa~~e 21 for his legal opinion. Mr. Jensen replied that he has researched the issue but needs more direction from the Commission on what they ' would like to accomplish. He noted that Planning and Zoning Director Doerr has created an initial draft for an ordinance that would present a positive approach to the issue by establishing a new ' ~ ~ zoning district. Ms. Doerr noted that, according to statute, Commissioner Waters' requests would have to be brought before the Community Development Board prior to action from the Commission. Commissioner Waters asked that staff move forward . , with his requests, including the possibility of a new zoning district. •:• Discussed the possibility of a moratorium and the process involved. City Attorney Jensen advised that a proposed moratorium would have to be a publicly noticed agenda item. Commissioner Waters asked that this process be started with the next meeting. City Attorney Jensen clarified that Commissioner Waters is requesting • language~for a resolution placing a moratorium on subdividing any lots in the City, administrative subdivisions included. Mayor Wolfson • Discussed the Nlayport Village Waterfront Partnership and noted • that the former mayor was the City's most recent representative on that partnership. He recommended that Community Development Board member, Carolyn Woods, become the City's new representative for that partnership. City Attorney Jensen • Advised that the ex-pane disclosures need to be made on the record and asked that the Commissioners review the City's Resolution and have their full disclosures prepared for the next meeting. The Mayor re-emphasized the caution given by the City Attorney pertaining to no further communication allowed regarding the case before them. The•City Attorney clarified what needed to be disclosed and indicated that, prior to the Commissioners casting their votes on the matter, their disclosures will be announced and made part of the minutes at the next meeting. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 1'Z:3~ a.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk