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