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070907 - Item draft minutes 6-25-07MINUTES REGULAR CITY COMMISSION MEETING June 25, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Pro Tem J. Dezmond Waters III Commissioner Sylvia N. Simmons Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher City Manager Jim Hanson City Clerk Donna Bussey ABSENT: Mayor Donald Wolfson Call to Order/Pledge Mayor Pro Tem Waters called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Mayor Pro Tem Waters. Mayor Pro Tem Waters welcomed the audience and explained the process for public comments. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on June 11, 2007. Motion: Approve the minutes of the Regular Commission Meeting on June 11, 2007. as amended and approve the minutes of the Commission Workshop on June 12, 2007. as written. Moved by Fletcher, seconded by Simmons. Commissioner Borno requested on page 7 that Beach be added after Neptune, and also on page 7, Commissioner Fletcher stated the date for the workshop is July 10, not July 9. Votes: Aye: 4 - Borno, Fletcher, Simmons, Waters Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Pro Tem Waters opened the Courtesy of the Floor to Visitors. Michael Hoffmann, 176 Camelia Street, addressed the inappropriate hand written signs popping up on Mayport Road and elsewhere and stated the Code Enforcement officer should call those putting the signs up and inform them those signs are illegal. He also spoke in favor of the proposed new Public Safety Building. Thirdly, he spoke in opposition to the $45,000 sculpture. No one else from the audience spoke so the Mayor Pro Tem closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None June 25.2007 REGULAR COMMISSION MEETING Pace 2 Consent Agenda 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 Monthly Financial Report, Utility Sales Report, and Public Works and Utility Project Status Report for May 2007. B. Extend the annual contract for Sulfur Dioxide for one additional year to Brenntag Mid-South, Inc. (0405-13) at the current contract prices. C. Awazd the contract for Uniform Rental and Cleaning for City Employees (Bid No. 0607-11) to UniFirst Corporation for one yeaz starting August 1, 2007. Motion: Anarove Consent Agenda as read. Moved by Fletcher, seconded by Simmons Votes: Aye: 4 - Borno, Fletcher, Simmons, Waters Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-07-200, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01- 172, SAID ORDINANCE RE-ADOPTING CHAPTER 24 OF THE CITY CODE, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-156, EXCEPTIONS TO HEIGHT LIMITATIONS, TO CREATE CONSISTENCY WITH THE CITY CHARTER AND ALSO AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING; THESE SECTIONS CONTAINED WITHIN CHAPTER 24 OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Waters read the Ordinance by title only. Motion: Annrove Ordinance No. 90-07-200 June 25 2007 REGULAR COMMISSION MEETING Pace 3 Moved by Fletcher, seconded by Borno Commissioner Fletcher stated, on page 1 of 4, item B2 it reads all pazking azea shall be paved and asked if this allows for paving right-of--way. Community Development Director Sonya Doerr stated right-of--way paving requires a separate permit. Commissioner Fletcher also asked for an example of alternative surfaces included. Mr. Carper stated oyster shells would be an alternative surface. Mayor Pro Tem Waters stated he is opposed to item (fj 3 on page 2 of 4. He stated he agrees with not allowing backing into major arterial roads, but believes backing into minor roads in Atlantic Beach is not a problem or a safety issue and presents a hardship on people owning property when they cannot put the pazking in straight. He agreed you shouldn't be able to back into East Coast Drive like is done at the hotel and asked the Commission to consider that. Mayor Pro Tem also discussed the design requirements of a minimum width of 22 feet for atwo-way drive and asked why the minimum width could not be 12 feet, the same as for single. Mr. Doerr explained twelve feet is not wide enough for two lanes of traffic and this has been standazd for many years and stated this applies only to non-residential. Mayor Pro Tem stated if there was not going to be any follow- up on his request about being allowed to back into minor roads, he would call for a vote. Votes: Aye: 4 -Borno, Fletcher, Simmons, Waters Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Comfort Inn Sign Ms. Doerr gave a presentation on the background of the nonconforming sign proposed by the Comfort Inn explaining the waiver (which was required when the sign was damaged by a storm) is due to expire July 1. Ms. Doerr stated the company will be converting to a Quality Inn within a period of time and the owners are requesting they be allowed to continue to have this sign for a period of not more than four (4) years. Mayor Pro Tem Waters asked what was damaged by the storm. John Shea, 2407 Mayport Road, stated the acrylic face was ripped and the only change made to the existing sign was the background color changing from black to blue. Anna Shea explained they will be changing to a Quality Inn no later than December 31, 2010 at which time they will be required to update their sign to conform with the City's sign requirements, which is one year and nine months before all other signs on Mayport Road will be required to conform to the sign ordinance. She distributed pictures of the current sign to the Commission. She stated three other businesses along Mayport Road have come before the Commission and requested waivers, one being the Pan Am Mini Storage, which was granted. She stated two other companies were denied the waivers because those companies were changing ownership, changing affiliation and completely changing the sign. Ms. Shea stated they are going to be changing to a Quality Inn and would like to request this waiver be extended until they are required to change to the Quality Inn sign. She also pointed out the Comfort Inn has been a family-run business in Atlantic Beach since 1986 and they were all born and raised here June 25.2007 REGULAR COMMISSION MEETING Page 4 at the beach, so they aze long-term beach residents. Mr. Shea stated he knows the Commission is interested in having a nice looking community and everything we can do to beautify it. He believes one of the problems on Mayport Road doesn't directly have to do with the signs, but rather the power poles, street lights and everything else on that road that has be contended with. He stated they do their part to keep a good community and make their property very attractive. He reiterated he has had that hotel open for 21 years in Atlantic Beach and for 21 years that sign has been in place, for 21 years he has been either the second or third largest property taxpayer in Atlantic Beach, for 21 years he has been the second largest tourist and development taxpayer in Atlantic Beach, and for 21 years they have bought all the services from the City -utilities, gazbage, water, sewer. He stated you don't see him in here complaining or asking for favors, variances or waivers and stated they are just asking for some consideration to allow them the waiver until they change to Quality Inn. Commissioner Borno asked, when requesting the first waiver, was it not anticipated they were hoping to change franchises this fall. Ms. Shea stated, not this fall, but rather sometime between now and 2010, they are working it out with Choice. Commissioner Borno asked if it wasn't anticipated when the damage was done that it was going to happen this fall, it was still known to be four years out. Mr. Shea stated they had signed a franchise agreement. Motion: Extend the auaroved sign waiver until December 31, 2010. Moved by Simmons, seconded by Borno Commissioner Simmons stated this request seems reasonable because the reason they gave the waiver was because there was going to be a change and it did not pay to make two expensive changes but she cannot figure out why they only gave a yeaz waiver before and asked was it because they didn't have it figured out. Mr. Doerr they were waiting on a date. Commissioner Simmons stated so it was a temporary waiver and now there is a date and they are asking to extend it for that time. Ms. Shea stated yes that was correct. Mayor Pro Tem Waters stated it is his understanding they wanted to see if the design for their new sign would be the same as this sign that been put up and they could change them out very quickly and not have to do anything the next time. He stated they are actually giving them a license they have not given anyone else in this particulaz issue but believes they should go with it. Commissioner Fletcher expressed while he appreciates afamily-owned business of 21 years, there are no guarantees this franchise change will happen and believes 3 '/2 years is a long time with a lot of market pressures. He stated 2/3 of the previous waivers were denied and since the commission is trying to uphold a sign law that is consistent with the neighborhoods, he is going to vote against this request. Ms. Shea addressed the Commission reporting there is a contractual guarantee in writing signed by Choice Hotels that this will become a Quality Inn by December 31, 2010. She reiterated the two waivers that were denied were requesting to change the complete sign, the actual business name and the ownership. She stated in their case, they aze only changing the background from a black to blue, which is their only change. June 25.2007 REGULAR COMMISSION MEETING Pase 5 Votes: Aye: 3 - Borno, Simmons, Waters Nay: 1-Fletcher MOTION CARRIED B. Further discussion of proposed new Section 24-87 of the Land Development Regulations to address the Redevelopment, Repair or Replacement of Lawfully Existing Residential Uses including those damaged or destroyed by weather- related acts -deferred from the last Commission meeting (staff recommends this item be deferred to the July 9, 2007 meeting to give more time to complete a report and to allow Mayor Wolfson to participate in the discussion.) Motion: Defer discussion of issue until July 9.2007. Moved by Fletcher, seconded by Simmons City Manager Jim Hanson distributed a chart to the Commission for their review prior to the next meeting. Votes: Aye: 4 - Borno, Fletcher, Simmons, Waters Nay: 0 - MOTION CARRRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported City of Atlantic Beach issued their first Amber Alert, which involves the abduction of a mother and her children by her ex-husband. Lt. Christman updated the Commission reporting the suspect is now in custody and the mother and children have been recovered. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Attorney Alan Jensen • Reported on an alternative to be considered in the lawsuit for removal of underground tanks in the Royal Palms area and asked for the Commission's approval to begin statutory action and, if necessary, have the City remove one tank as a test (which would exceed the City Manager's authority as far as the $ l 0,000 limit) and bill Ferrell Gas Company. Mr. Hanson stated this action would require a budget amendment so if there is a general concurrence it will be added to the next budget amendment and it would then be voted on as part of the budget amendment. June 2S. 2007 REGULAR COMMISSION MEETING Page 6 Commissioner Fletcher • Asked about the Ferry funding. • Asked Mr. Jensen if he had anything to report on the telephone polling discussed at the last meeting. Mr. Jensen stated he contacted the company that was doing the polling and they are to report back to him. He does not have a report back yet but will give afollow-up report as soon as he receives it. • Asked Mr. Carper how we are doing on the new gazbage service. Mr. Carper stated it is going fairly smoothly with only isolated service issues. • Asked the status of the DCA ORC report on the Moody property - Ms. Doerr stated we would receive a report on July 21. Commissioner Waters • Announced he presented the $25,000 check to the Rhoda L. Martin Cultural Heritage Center and received a very gracious and thankful response as well as an appreciation plaque for being a Major Governmental Donor. • Asked when the Overlay Workshop with Neptune Beach will occur. Mr. Hanson stated they were unable to meet at the July 10 workshop and suggested having the two Mayors and City Managers get together sometime but he has yet to discuss this with Mayor Wolfson. • Reminded the Commission they have received an invitation to the inauguration of the President of the Council in Jacksonville on Thursday night. Adjournment There being no further discussion, the Mayor Pro Tem declazed the meeting adjourned at 8:13 pm. J Dezmond Waters, III, Mayor Pro Tem ATTEST: Donna L. Bussey, CMC City Clerk