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Apr 27, 2015 - Absent: Roxanne Horvath, Vice Mayor/City Commissioner (Excused). Todd Neville, City ... Martha Graham, Di

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Idea Transcript


CITY OF ST. AUGUSTINE Regular City Commission Meeting Monday, April 27, 2015

The City Commission met in formal session Monday, April 27, 2015 at 5:00 P.M. in the Alcazar Room at City Hall. The meeting was called to order by Mayor Nancy Shaver, and the following were present: 1. Roll Call: Nancy Shaver, Mayor/City Commissioner Leanna S. A. Freeman, City Commissioner Nancy Sikes-Kline, City Commissioner Absent:

Roxanne Horvath, Vice Mayor/City Commissioner (Excused) Todd Neville, City Commissioner (Excused) John Regan, City Manager Timothy A. Burchfield, Assistant City Manager Isabelle Lopez, City Attorney Alison Ratkovic, City Clerk David Birchim, Director, Planning and Building Jim Piggott, General Services Director Mark Litzinger, Comptroller Paul K. Williamson, Director, Public Affairs Dana Ste. Claire, Development Director, 450th Commemoration Denise May, Assistant City Attorney Loran Lueders, Police Chief James Costeira, Fire Chief Martha Graham, Director, Public Works Darlene Galambos, Recording Secretary

INVOCATION ALLEGIANCE

AND

PLEDGE

OF

Pastor Gardner Gordon, Coquina Community Church, delivered the invocation, and Commissioner Horvath led the Pledge of Allegiance. 2. ADMINISTRATIVE ITEMS 2.A/ Modification of Agenda John Regan stated that staff had two modifications, which were pulling item 9.A.1 and to add Resolution 2015-14 authorizing a Memorandum of Agreement

with the Department of Agriculture for a Division of Forestry grant. 3./ Special Presentations, Proclamations, Recognitions: Mayor Shaver and the Commission read and presented the following proclamations and recognitions: 

Presentation of $1,000 check from the Lions Club to Fire Marshall Bob Growick to aid the Fire Department in purchasing smoke alarms for the hearing impaired.

Regular City Commission Meeting April 27, 2015

  

She questioned whether the foundation for the historic fire truck was a tax deductible organization.

2015-11 Child Abuse Prevention Month, April, 2015 2015-18 Older American’s Month May, 2015 Certificate of Completion, IEMO III: Leadership Challenge, Florida League of Cities to Commissioner Nancy Sikes-Kline

5. Consent Agenda 5.A/ Additions, deletions modifications to Consent Agenda. Mr. Regan read the Consent Agenda.

Mayor Shaver presented the following Alliance Proclamations:      

or

5.B/ Approval of Consent Agenda.

Sax Taxi CMG Creative Agency St. Augustine Ballet St. Augustine Film Society Veinrich Allstate Agency St. Johns County Cultural Events Division

MOTION Commissioner Freeman MOVED to approve the Consent Agenda. The motion was SECONDED by Commissioner Sikes-Kline and APPROVED BY UNANIMOUS VOICE VOTE.

4. General Public Comments (3 minutes per individual)

Commissioner Sikes-Kline expressed appreciation for the inclusion of the invoices for costs associated with current litigation cases. She felt that it was important to let the tax payers know what the costs were.

Pastor Ron Rawls encouraged Mayor Shaver to continue doing what she was elected to do. He felt that the City was beginning to head in the right direction, and should become more diverse. He stated that each commissioner should ask tough questions and be transparent for the purpose of making the City a better place.

Mayor Shaver stated that it would be useful to know what the total costs were to date. Ms. Lopez advised that an annual report of total expenditures was prepared by the City Attorney’s office.

Ed Slavin felt that 450th contracts and franchises should be audited. He stated that a charter review should be conducted on a regular basis and that the City should have an inspector general. He expressed concern regarding government purchasing. He stated that David Corneal demolished the Carpenter’s house without waiting on the 30 day appeal period to expire.

Commissioner Freeman pointed out that budget reports were provided on a regular basis and anyone had access to the information at any time. 6. Appeals.

B. J. Kalaidi questioned the reason for including the Lovett Street subdivision plat on the Consent Agenda. She felt that Resolution 2015-12 should be approved because planting date palm trees would benefit all tax payers. She felt that tax dollars were being wasted on the 450th Commemoration. She expressed concern with the Town and Gown committee and the behavior of some college students.

6.A/ Appeal of a decision by the Planning and Zoning Board to deny the removal of nine (9) Southern Red Cedar Trees (Preserved Status Trees) in Conservation Overly Zone Three at 165 Inlet Drive. Ex parte communications

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Regular City Commission Meeting April 27, 2015

(None)

power lines. He stated that the application was tabled after the initial hearing in order for the applicant to provide a landscape plan and to attempt to have the power lines relocated. He said staff supported the application based on the comparison of tree preservation credits and debits for tree removal with the condition that a landscape plan that identified mitigation be provided, which was provided during the subsequent hearing. He said a motion was made to approve the application but failed on a 3/3 vote which constituted a denial.

Isabelle Lopez reviewed the procedures and criteria for review. Public comment was opened. Bradley Cooper stated the nine trees on the property were not in good condition. He said the biggest issue was public safety because the trees were surrounding the electrical transformer that served a significant portion of the area. He asked that the Commission consider overturning the decision by PZB.

Larry Griggs, property owner representative, stated that said cedar trees were customarily planted ten feet apart; however, the trees on his client’s property were planted approximately seven feet apart, and it appeared that they were planted to be hedges. He provided supporting documents relevant to his presentation.1 He said the factors to consider were the proximity to the power lines, topography and density of existing trees in the neighborhood. He said the trees did not respond well to being trimmed, which would occur because of being under the power lines. He stated that the red cedar was not a preserved tree because it was rare; it was preserved because it provided a habitat for the Swedner’s Hairstreak Butterfly. He said the butterfly habitat would be increased by the planting of the proposed additional trees. He noted that the existing trees did not have low hanging branches which were essential to providing the habitat, and one was already dead. He added that the homeowner would plant 18 replacement trees in a more optimal manner to provide better tree health and habitat. He said that Mimi Vreeland, Landscape Design and Planning Consultant, advised that the Southern Red Cedar could reach maximum heights of 40 to 50 feet and the maximum height for trees that were planted under power lines was a maximum of 25 feet. He reviewed the following considerations:

Tom Dreisbach expressed concern with the procedure and comments made during the PZB hearing by some board members. He said Mr. Cooper offered a two for one replacement, and the size of the replacement trees was larger than what was required. Elizabeth Dreisbach, former tree warden, stated that the condition of the trees made them highly flammable, and they were blocking the street light. She said because of them being planted in close proximity to each other they were unhealthy and at their end of lifespan. She said the new trees would be beneficial to the future. Ed Slavin felt that PZB correctly applied the code correctly; therefore, their decision should be upheld. Public comment was closed. David Birchim, Director, Planning and Building stated that the Southern Red Cedar became a protected tree when it reached eight inches in diameter when measured four feet from the ground. He said the request was to remove nine preserved Southern Red Cedar trees as part of the construction of a single family residence. He said the trees were under FP&L power lines and transformer. He said and their growth was stunted because they were planted close together, in addition to being trimmed away from the

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Attached to original minutes

Regular City Commission Meeting April 27, 2015



The current location of the trees interfere with electrical utilities Removal would have a positive effect on neighborhood because they would no longer block the street light No evidence on record why the trees should not be removed Significant effort was made to relocate the power lines underground Every alternative to avoid removing the trees were reviewed

Commissioner Sikes-Kline asked if there was any other way the site could be developed to preserve the existing trees.

Mayor Shaver questioned the preserved tree definition.

Commissioner Freeman asked if the trees were to remain and died because of being trimmed by Florida Power and Light; the property owner would not be responsible for replacement, and the response was affirmative. She said expert testimony was provided indicating that the trees were in poor condition and would likely not improve with continued trimming.



  

Mr. Birchim replied that there was testimony during the hearing regarding what would be necessary to underground the utilities and to relocate the power transformer. He said emergency services were concerned about the trees being located near power lines and transformers, which was the reason trees were trimmed away from the lines.

Mr. Birchim replied that preserved category trees were defined by their size 4 ½ feet from ground level. He said the preservation of cedar trees was identified through mitigation, which required 2 replacement trees because of the butterfly habitat. He noted that the Swedner’s Hairstreak Butterfly was an endangered species.

Mr. Birchim stated that under normal circumstances, transformers and power lines were located on public rights-of-way; however, these were located on private property.

Mayor Shaver stated that the tree mitigation process was independent of the tree removal application review.

Mimi Vreeland stated that the trees were planted in a manner that would not allow them to reach their full potential. She said the National Urban Forestry Association included tree replacement in their definition of tree preservation.

Ms. Lopez stated that page two of the original staff report contained a list of the standard of review, which were as follows:       

Condition of the tree and interference with utility services Necessity for tree removal based on improvements Relief of the land and the effect tree removal would have on erosion and other criteria Number and density of existing trees in the neighborhood Whether or not the tree was designated as a preserved tree Impact on the urban and natural environment and ecological impacts Ease in which the property owner could alter or revise the proposed development

Commissioner Freeman stated that the appellant was relying on the wildlife habitat and utility provisions in the Code and planned on providing a better habitat. She felt that consideration should be given to the long term benefits. Mayor Shaver agreed that utility services and habitat were the basis of what should be considered when making a decision, and whether they were considered by the Planning and Zoning Board.

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Regular City Commission Meeting April 27, 2015

MOTION Commissioner Sikes-Kline MOVED to reverse the decision by the Planning and Zoning Board. The motion was SECONDED by Commissioner Freeman.

Uses, placing certain conditions on the Special Event Venue use; amending Section 28-373 Required off-street parking, creating street parking requirements for the Special Event Venue use.

VOTE ON MOTION

Item pulled from agenda.

AYES: Sikes-Kline, Freeman, Shaver NAYES: None MOTION APPROVED UNANIMOUSLY2

9.B/ Resolutions 9.B.1/ Consideration of Resolution 201512, authorizing the execution of a Construction and Maintenance Agreement between the State of Florida Department of Transportation (FDOT) and the City of St. Augustine for the SR16 medians at the San Sebastian Bridge.

7. General Public Presentations (10 minutes per presentation) (None) 8. Ordinances and Resolutions – Public Hearing Required.

Martha Graham, Director, Public Works, reviewed Resolution 2015-12. She said FDOT approached the City recommending that they plant 20 date palm trees instead of cabbage palms as a beautification effort for the 450th Commemoration. She noted that the agreement was a standard landscaping maintenance agreement.

8.A/ Ordinances – First Reading (None) 8.B/ Ordinances - Second Reading (None) 8.C/ Resolutions

Commissioner Sikes-Kline stated that she received an email asking the Commission to consider the recommendation of the Street Tree Advisory Committee to plant cabbage palms because it was the signature tree of Florida and a native plant, in which the date palm tree was not native.

(None) 9. Ordinances and Resolutions - No Public Hearing Required 9.A/ Ordinances – First Reading

Mayor Shaver stated that the cost to maintain cabbage palms was lower than date palms.

9.A.1/ Consideration of Ordinance 201502, amending Section 28-2 Definitions, to provide a definition for a Special Event Venue; amending Sections 28-163 (RG-1), 28-165 (RGO), 28-167 (RGO-A), 28, 184 (HP-2), 28-185 (HP-3), 28-186 (HP-4), 28-207 (CL-2), 28-208 (CM-1), 28209 (CM-2), placing the Special Event Venue use into zoning districts as a permissible use or a permissible use by exception; amending Section 28-347 Supplementary Regulations for Certain

Ms. Graham stated that date palms were planted in various areas throughout the City. Commissioner Freeman felt that the maintenance cost would not be much different, and that the date palms would be more aesthetically pleasing. Commissioner Sikes-Kline planting date palms.

2

Brief recess from 6:34 P.M. until 6:44 P.M.

5

supported

Regular City Commission Meeting April 27, 2015

MOTION

City’s water rate for customers outside of the city limits.3

Commissioner Freeman MOVED to accept the proposal and pass Resolution 2015-12. The motion was SECONDED by Commissioner SikesKline and APPROVED 2/1 with Mayor Shaver dissenting.

Ms. Graham reviewed the interlocal agreement and stated that it had been an ongoing long standing agreement between the City and St. Johns County. MOTION

RESOLUTION 2015-14 Memorandum of Agreement with the Department of Agriculture for a Division of Forestry grant

Commissioner Freeman MOVED to give consensus to move forward with the agreement. The motion was SECONDED by Commissioner SikesKline and APPROVED BY UNANIMOUS VOICE VOTE.

Ms. Graham stated that it was the 3rd application for the grant. She said the grant helped to complete an inventory and health assessment of the tree canopy throughout the City. She said the project cost was $12,000, of which $6,000 would be from the City and $6,000 from the state; however, the City’s portion was an in-kind match by Chuck Lippi, Chairperson of the Street Tree Advisory Committee, for his services. She said the grant would provide approximately 400 trees to be planted in various locations, in addition to allowing decaying and potentially hazardous trees to be identified and removed.

10.B/ Monthly Financial Update: The unaudited monthly statements for Commission review are presented in the form of an income statement and include current year budget and current year-to-date actuals, with previous yearto-date actuals for comparison purposes. Mark Litzinger, City Comptroller, provided corrected reports for the Marina and Proprietary funds, in addition to an updated budget meeting schedule.4 He stated that all funds were in line with expectations; however, the revenue from the VIC and parking garage was 20% higher than anticipated.

MOTION Commissioner Sikes-Kline MOVED to pass Resolution 2015-14. The motion was SECONDED by Mayor Shaver and APPROVED BY UNANIMOUS VOICE VOTE.

Commissioner Freeman asked that expenditures for legal fees that were paid be included in the financial reports on a regular basis, in order to address the request by Mayor Shaver.

10. Staff Reports and Presentations 10.A/ Approval of the sixth amendment of the Interlocal Agreement between the City and St. Johns County for interconnection of the City’s and County’s water system at Stokes Landing and US 1. As stated in the agreement, either the County will pay to the City or the City will pay to the County, based on who requests the usage of the interconnect, at a rate equal to sixty-five percent (65%) of the

Mayor Shaver asked for clarifications when there were variances. Mr. Litzinger explained that there were a number of different circumstances that would cause variances in the budget, such as personnel vacancies, revenue from fees and operating expenses being paid out at different times. He added that if he noticed 3 4

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Area map attached to original minutes Attached to original minutes

Regular City Commission Meeting April 27, 2015

a significant or unusual variance, he would address it with the Commission.

Mr. Regan stated that the Seawall project received Project of the Year from the Florida Chapter of American Public Works Association and also Project of the Year nationally for the American Public Works Association in the $5-25 million categories, which will be presented during August.

Mayor Shaver asked that the parking garage and VIC gift shop revenues be separated. She further requested that the objectives for each budget related meeting be detailed.

14. Items by Mayor and Commissioners Mr. Litzinger stated that public outreach meetings would be scheduled for the month of June. He said staff was creating a revenue manual for the City, which will evaluate every revenue sources from all funds and would include information on how each source was governed.

Commissioner Sikes-Kline stated that the Tourism Advisory Committee ranked the FDOT SR 313 project as number two. She said it would be moved forward to the TPO for prioritization. She said SR 313 was in the acquisition phase, and would serve as a bypass and congestion relief for US1. She noted the roadway would have an exit off of West King Street, which could lead to economic development in that area.

There was a brief discussion regarding the budget meeting schedule and when each budget item should be addressed. Mr. Regan stated that the City would be providing information to the media so the public could understand the process.

Mayor Shaver stated that a task force was established by the VCB to discuss and review options for the Visitor Information Center after the 450th Commemoration.

11. ITEMS BY CITY ATTORNEY 15. Adjournment Ms. Lopez advised that she was drafting a resolution to provide standard formats and procedures for public hearings for all City boards.

There being no further business, the meeting was adjourned at 7:30 P.M.5

Commissioner Freeman asked that public comments on specific items be made after the presentations were given.

__________________________________ Nancy Shaver, MAYOR

11.B/ Sunshine, Public Records and Ethics Minute. No presentation made, provided by the City Attorney’s Office for information purposes.

__________________________________ Alison Ratkovic, CITY CLERK

12. ITEMS BY CITY CLERK Alison Ratkovic advised that the City’s microfiche records had been digitized, and efforts were being made for them to be accessible to the public via the City’s website in the near future. 13. ITEMS BY CITY MANAGER 5

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Transcribed by Darlene Galambos

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