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Draft Min 4-9-07MINUTES REGULAR CITY COMMISSION MEETING Apri19, 2007 CITY HALL, 800 SEMINOLE ROAD ~"" Attendance IN ATTENDANCE: Mayor Donald Wolfson Commissioner Sylvia N. Simmons Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen '~" Commissioner Mike Borno City Manager Jim Hanson Commissioner Jamie Fletcher City Clerk Donna L. Bussey ~`" Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Fletcher. Mayor Wolfson welcomed the audience and explained the process for public comments. He also stated he is going to make a change in the format at the next meeting. He stated that usually Courtesy of the Floor is an opportunity for guests to speak about particular items instead of asking questions of the Commission. He stated he believes if citizens have questions, it would be better to call the Commissioners or staff before the Commission meeting to get answers to the questions and then bring their positions or thoughts before the Commission, which will save a lot of time and make for a smoother, more time-efficient meeting. ~. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on March 26, 2007. City Clerk Donna Bussey stated, on Page 12, the vote should reflect Motion Carried instead of Motion Failed. Commissioner Simmons stated under her comments on Page 10 she also wants inserted, for clarification purposes, "while the neighborhood was platted with 50' lots, it was not developed with 50' lots but with a large majority of 75, 100, or 125' lots" Motion: Approve the minutes of the Regular Commission Meeting on March 26, 2007, as written, with correction on page 12 changing "Motion Failed" ,~ to "Motion Carried" and change on page 10 inserting, for clarification purposes, "while the neighborhood was platted with 50' lots, it was not developed with 50' lots but with a large majority of 75,100, or 125' lots." Moved by Waters, seconded by Fletcher. Votes: ~. Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Michael Hoffman, 176 Camelia Street, stated he is against the Resolution regarding prostitution along Mayport Road and believes rather than felonize the prostitutes they ~. Apri19 2007 REGULAR COMMISSION MEETING Page 2 should be given an intervention program to help them reform, as well as testing and treatment for STDs. Secondly, he stated he received an a-mail from the City Manager this week stating nothing has been done so faz to look into the article he provided the Commission about the potential for long-term lung damage to children who grow up near freeways. Thirdly, he suggested the $50,000 in the art budget could be used at the Veterans Memorial Park neaz the flyover to put up a monument to the veterans, such as a sundial. He stated there is also another park at the retention pond on Mayport Road next to the Fleet Reserve which could have a piece of kinetic art put in the center of the pond, such as a fountain. Stephen Kuti,1132 Linkside Drive, reported, after measuring the space available for a garbage can in his garage (on one side he has 22" and on the other side he has 23"), the smallest garbage can will not fit in his garage. He stated he is concerned for the other residents in his PUD. Secondly, he stated he is against consulting engineers being hired by the City and asked how much money has been spent on consulting engineers for the past five years. He stated this could be compared with engineer salaries to see how much could be saved by hiring a full time engineer jointly for the three beaches cities to set up an engineering department. He stated he spoke with the other two mayors and they are interested in this. ~® Ed McDonald 13572 Tarrasa Ct. East, Jacksonville, reported on the legislation proposed by the Jacksonville City Council for the rezoning of the Moody pazcel. He stated he is a resident of the Pablo Point subdivision west of the Intracoastal and is ~"" concerned about the development of this site. Pat Pillmore, 995 Camelia Street, stated, regarding the new gazbage collection fees, "~" she is confused that there wasn't a firm price for the customer and the public doesn't know what the bill is going to be yet the City is contracting. Mayor Wolfson stated that Ms. Pillmore and Mr. Kuti should call the City with the questions they raised and they will be glad to give them that information. Unfinished Business from Previous Meeting No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. In response to Ms. Pillmore's question, City Manager Jim Hanson stated the new garbage collection rate will be $17.10, effective June 1, 2007. He also reported the City of Neptune Beach's rate is $18.75 and the City of Jacksonville Beach is $16.31. Mr. Hanson reported the hauler will offer two different-sized toters, one a 96-gallon and one a 64-gallon; however, they will pick up smaller toters if the customer wants to provide them. He cautioned the citizens that if they buy a smaller size, the garbage needs to be contained in the toter because if the hauler regularly sees more than what is in the container, they will be required to pay a second garbage charge per month and come up with a second toter. He stated the idea to use the toters and go to an automated system was to save manpower and if a citizen has a lot of bags that have to ,. Apri19 2007 REGULAR COMMISSION MEETING Page 3 be picked up by hand it is costing more. He also stated that the rate increase is the first one in over eleven years. Commissioner Waters asked if the information the City sends out could include what kind of smaller toter must be purchased so they don't buy the wrong type. Mr. Hanson responded that if they get a request from someone they can give them that information. He stated the difference is the metal grab bar in the front of the toter which the hand on the truck picks up the toter with. Mayor Wolfson stated his concern is that we are overlooking the size problem and asked if Public Works Director Rick Carper did research on the size of garages and inquiries regarding the problem Mr. Kuti raised. Mr. Hanson stated Mr. Carper drove around that subdivision and found that there are quite a number of people who have regular-sized cans, and they are keeping them somewhere. He believed it doesn't seem to be a problem with anyone else in that subdivision. He stated Mr. Kuti will have the option to bring in a smaller can if he wants to. Mayor Wolfson stated that according to the dimensions, the size of the smallest available toter has a width of 24". Mr. Hanson stated that was correct. Mayor Wolfson stated that exceeds Mr. Kuti's dimensions of 22 and 23 inches. B. Report on lot widths and sizes in Old Atlantic Beach. Sonya Doerr summarized her research report on parcel sizes as they now exist in ~"" Atlantic Beach, stating there are 45 parcels, consisting of several lots that are 100', 13 parcels that are 100-149', and 12 parcels that are 150+'. She stated her position would be new lots less than 7200 s.f. would not be consistent with the density limitation of the "~ comp plan. Mayor Wolfson stated we have a medium density designation south of Fifth Street and stated the issue that came before the Commission was the possibility of changing a duplex to two single-family lots that would be 50' x 140'. He stated the City Commission had faced, a number of years ago, what to do with the duplexes. He asked Ms. Doerr if it is correct that the previous Commission made the determination that they vested the rights of those who sought to have the ability to build duplexes in the ,~„ medium density designated area. Ms. Doerr stated only existing, lawfully constructed duplexes could be replaced. Mayor Wolfson asked if it is desirable to move away from duplexes in that area. Mr. Doerr stated the changes made five or six years ago ~„ changing it to single family zoning and allowing only existing duplexes to be replaced moves toward eventually asingle-family area. After further discussion and agreeing with Ms. Doerr this is not a density issue, Mayor Wolfson stated he is not ready to ~„ make a recommendation to take any action yet. Commissioner Simmons expressed her appreciation of the staff report and stated her neighbors on Second Street either felt neutral, were friends of the person, or lobbied her that there not be a lot division. She stated that even though the street is platted for 50' lots, that platting was done about 1913 but wasn't developed until after WWII. She stated as it was developed, there are almost no 50' lots, they were developed with 75', 100' or 200' lots that were combined which has a real quality of life difference in that neighborhood. She stated there are more trees, green space, fewer parked cars, etc. that ~. Aari19 2007 REGULAR COMMISSION MEETING Page 4 0 go with low density. She believes that is something that neighborhood wanted to preserve, seeing the major loss of green space and trees if the lots were divided. She stated that also it doesn't make sense to her that part of this neighborhood is low density and part is medium density and makes her wonder if we made a mistake in not changing the density in the comp plan when they did away with the new duplex code in our code books. She asked if that should be the way to go, to change the density in the comp plan. Ms. Doerr stated when the original comp plan was adopted, it had medium density in that azea and believes that is fairly consistent with the way it is developed since there are so many duplexes in that area and they were smaller lots. She stated when the comp plan was created and adopted, the density boundaries followed the zoning district boundaries. Commissioner Simmons pointed out the numbers on the map are misleading because you can have 100 35' lots and take up much less linear space than if you have 100 75' lots, so if you actually look at the percentage of the area that is small lots, the percentage is much smaller than the pure numbers. Ms. Doerr credited her new staff, Erica Hall, who spent a great deal of time reseazching this and putting this information together. Commissioner Waters agreed with Commissioner Simmons and stated this is a problem we need to deal with. He stated the neighborhood was rezoned single-family and believes we need to follow up as soon as possible putting it under low density in the comprehensive plan, which enforces the move to 75' lots. He stated this doesn't discriminate against anyone who is already there but reinforces and makes changing it a four-part process rather than as it stands now where it can be overturned in the next Commission meeting, which he believes is not what we want. Ms. Doerr stated we will be beginning the EAR evaluation and appraisal process followed by the EAR based amendment to the plan later this yeaz and that would be a logical way to do this. She stated she needs direction from the Commission if they want her to proceed more quickly. Mayor Wolfson asked why this wasn't done before. Ms. Doerr stated the platted lots and RS-2 zoning were not inconsistent with the medium density residential. Mayor Wolfson asked if this was developed as a buffering process. Commissioner Waters stated you do have to decide where you are going to put the cutting lines, down First St, down Ahern or between Ahern and First, because there is a lot of density in the Ahern area which he believes should be left as a buffer. Mayor Wolfson asked that the Commission talk to staff about this and get a clearer understanding and then put it on the floor for an action. Commissioner Waters agreed to defer for two weeks. Commissioner Simmons asked that the buffer concept be defined. Ms. Doerr answered you have your higher density residential more closely to commercial and then the residential density decreases as you move away. Commissioner Simmons stated she does not believe it was developed as medium density, it was developed with lazge lots with lots of tree canopy, which will disappear if they don't watch density in that azea. She stated she doesn't believe it was looked at from that perspective when that decision was made. Ms. Doerr stated density has never been increased since the comp plan was adopted in 1990. 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 Apri19, 2007 REGULAR COMMISSION MEETING Page 5 ~. 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 Public Works and Utility Departments Report and Report of New Local Business Tax Receipts for Mazch 2007. B. Award a contract to Camp, Dresser & McKee to update the water distribution model and make recommendations asper the attached Scope of Services in the amount of $26,177 and authorize the City Manager to sign the contract. Motion: Approve Consent Agenda as read. Moved by Simmons, seconded by Borno. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None ,. Action on Resolutions 6. Action on Resolutions A. Resolution No. 07-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING MORE VIGOROUS PROSECUTION OF AND MORE SEVERE PUNISHMENT FOR PROSTITUTION CASES ON MAYPORT ROAD, AND ~• PROVIDING AN EFFECTIVE DATE. Commissioner Borno stated the title of the resolution should be changed to reflect the .A change in Section 3 in the revised resolution, which is attached and made part of this official record as Attachment A, deleting Mayport Road and insert "in the" City of Atlantic Beach and provide an effective date. Motion: Adopt Resolution No. 07-03 with the changes made on copy submitted to Commission on 4/9/07. Moved by Simmons, seconded by Fletcher Motion: Amend title to be consistent with page 3 to delete Mayport Road and add City of Atlantic Beach and the City of Jacksonville. ~" Moved by Borno, seconded by Fletcher Commissioner Waters stated it reflects City of Atlantic Beach and City of Jacksonville ~"' and asked if that is what Commissioner Borno is amending it to. Commissioner Borno confirmed, stating we are asking for imposing harsher sentences on those in the City of Atlantic Beach and the City of Jacksonville. Mayor Wolfson stated the City of Jacksonville is pretty broad and asked if it specifies the City of Jacksonville relative to this island. He stated he does not want to overstep ,~. April 9 2007 REGITLAR COMMISSION MEETING Page 6 his authority and pass a resolution that seems to indicate we are concerned about this problem in the City of Jacksonville. He asked for clarification on the City of Jacksonville from Mr. Jensen. Mr. Jensen stated the way it was originally written was to address the prostitution problem along Mayport Road, which encompasses Atlantic Beach and the City of Jacksonville -from Atlantic Blvd. north to the Navy base. He stated that it all started out with Chief Thompson's report in early March of this year and we are asking for more vigorous prosecution of prostitution cases on Mayport Road because that is partly where our problem is. Mayor Wolfson suggested that on page 2, where it is underscored Atlantic Beach and instead of saying the City of Jacksonville, say this portion of the City of Jacksonville so it just refers only to this portion. Commissioner Waters stated it originally said the Mayport area, which was even more specific and asked why we don't just go back to the original language. Mayor Wolfson stated because the original language isolated this issue only on Mayport Road and was asking the courts to enforce vigorously the law only pertaining to Mayport Road and he believes the issue here is if this is a crime that is committed in the City that it must be prosecuted equally throughout the City, not just on one particular street. Commissioner Waters stated it vigorously prosecutes prostitution in general and specifically those arrested in the Mayport Road azea. Mr. Hanson stated on the second page it references Mayport Road in Atlantic Beach and beyond and further in that paragraph it talks about the City of Atlantic Beach and the City of Jacksonville, so that ties them together. Mayor Wolfson stated he doesn't want it to be misunderstood that we are interested in the problems in the City of Jacksonville except for those that are immediately adjacent to our community. Commissioner Borno suggested that we leave all the verbiage in that has been lined out but just add "east of the Intracoastal Waterway". Mayor Wolfson stated that was fine. Commissioner Simmons stated she does not like this either. Mayor Wolfson asked if they want to send it back for re-write. Commissioner Simmons stated the attempt here is to tazget a stretch of road that is particularly bad. This specific area was picked, not by us, but by the Chief of Police and the Police Department because that is where they have repeated arrests of the same people, which will happen with prostitution. She believes if we make it everythvlg east of the Intracoastal or all of Atlantic Beach, they will feel real queasy about picking out one part of Duval County and saying you deserve differential treatment. Commissioner Borno stated it applies to the whole City. Commissioner Fletcher withdrew his second to the amendment. He stated he is very concerned about overstepping their bounds and even mentioning the City of Jacksonville. Secondly, the purpose is to get the State Attorney's attention, he doesn't care what street it is on. The Resolution's purpose is to get his attention to increase prosecution, so we just leave it at City of Atlantic Beach, we don't step into City of Jacksonville boundaries, we don't say just go to Mayport Road because prostitution happens all over town, we just substitute City of Atlantic Beach. He stated he will make that as an amendment. Mayor Wolfson suggested directing this to the Chief of Police. Commissioner Fletcher asked Chief Thompson what our purpose is here. Chief Thompson stated the purpose is to try to get the attention of both the State Attorney and the judges to let them know that Atlantic Beach has an ongoing problem that the law is in place to deal with but they aze not enforcing it the way it is written. Commissioner Fletcher asked if the purpose entails identifying areas for the judges. Chief Thompson replied one of the concerns is the judges and state attorneys are for the 4~' Judicial ~. Aprel 9 2007 REGULAR COMMISSION MEETING Page 7 Circuit, which is actually three different counties in NE Florida. He reported the State Attorney has already said that he doesn't think it is appropriate to think that Atlantic Beach is going to get special treatment compared with some other place. He stated this is one of the reasons for the language that extends it to the City of Jacksonville as well as the City of Atlantic Beach because we work the same law enforcement operations, the same drug dealers and the same prostitutes down here. It is essentially something to get their attention and let them know that it is a problem and the law is in place. We simply want them to enforce it and follow what is already written. He stated he has spoken with the Sheriff and the Under Sheriff regarding the issues in terms of housing, etc. and stated they aze not concerned with jail space. He stated they said they will find a home for the people if we bring them in. Commissioner Fletcher stated he understands better the inclusion of the City of Jacksonville but asked if he has checked with the Jacksonville City Council members and the Mayor to see if it is okay if we say they should increase arrests in prostitution in the City of Jacksonville. Mr. Jensen clarified, on Mayport Road in the City of Jacksonville, not the City of Jacksonville. Commissioner Fletcher asked Mr. Jensen to clarify that he is okay if we limit it to Mayport Road in the City of Jacksonville. Mr. Jensen stated that is what we have in common with them where the problem is. Chief Thompson stated he doesn't think we need to be that specific, they get that message no matter how specific or how broad this is. He stated if it says City of Atlantic Beach, City of Jacksonville, the message is still the same which is we are prosecuting people, we are arresting people, we aze making cases and we just want you to follow what is in the law relative to prosecution. Mr. Hanson asked Chief Thompson to clarify about the availability of drug rehab assistance for prostitutes in jail as well as the testing for sexually transmitted diseases. Chief Thompson stated all people arrested for prostitution are tested for STDs and HIV and there is a list downtown of those who are positive-for HIV because that kicks in some enhanced penalties. Most of these individuals have drug or alcohol addiction problems and the drug rehab is something that is offered; however, one of the reasons people enter drug rehab programs is because they are facing significant jail time. Many of these individuals having the opportunity of pleading guilty and walking out after thirty days or going throuigh an extended rehab program, will take the thirty days, so it is significant to have a penalty that is big enough to encourage people to participate in those programs. The programs are available so that is not an issue of whether or not it is available; it is a matter of encouraging them to use those programs. Mayor Wolfson stated the second to the amendment has been withdrawn and asked if anyone wanted to second that amendment which will change the title only. He stated he will second it. It is a title only change and had no other changes. Mayor Wolfson stated Commissioner Borno asked to change the title. Commissioner Waters clarified ,~, the change is for the City of Atlantic Beach and the City of Jacksonville. Mayor Wolfson stated that was correct, instead of on Mayport Road. Motion: Amend title to be consistent with page 3 to delete Mayport Road and add „~ City of Atlantic Beach and the City of Jacksonville. Moved by Borno, seconded by Wolfson Apri19 2007 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 2 - Borno, Wolfson ~. Nay: 3 -Fletcher, Simmons, Waters MOTION FAILED Commissioner Simmons stated this is the world's oldest profession and believes this is not going to work. She believes there must be some other ways and some of the questions she has are: (1) will this really work or is this even the answer; (2) can we test them for drugs; (3) can we patrol so heavily that they move away; (4) who are their clients; (5) is this Navy-base related; (6) can the Navy play a role; (7) might we add lighting, video cameras to get license plates of clients and (8) how do other small towns and areas near bases deal with the problem. She stated she has had those discussions with people and most of them have been cleared up as we heard tonight with the drug testing, STDs testing, but she doesn't think this is going to work and she does not feel comfortable with it and would like to see the Commission work other directions, increase patrols, etc. Mayor Wolfson stated for clarification the only purpose of this Resolution is to fix the problem, not making the arrest, not trying to change social patterns. The Police Department is encountering problems in the courts. The courts have a statute, certain procedures they follow. Once there are three violations, it moves from a misdemeanor to a felony and what is happening is the courts are turning their backs. Our police department is using their time, their resources, and their funds to make the arrests and enforce the laws on the books. The courts are not holding up to their part. This is not a social correction issue, this is an issue that our Police Department is having with the courts and that is the only purpose of this resolution. We are not trying to change the arrest procedures or their methods of policing Mayport Road. That is not what we are doing. We are trying to give them the opportunity to let the courts pay attention to the law so when we send these people downtown, after three strikes, they have a serious problem. The whole point is if the courts will start standing up and enforcing the law and the penalties, then possibly these people will move on. Motion: amend the motion deleting the Citv of Jacksonville. so the title would sa cases in City of Atlantic Beach and strike Mayport Road, then on second page the third whereas it would strike "and the City of Jacksonville, on the third page, first section 2 it would strike and the City of Jacksonville, section 3 it would strike and the.City of Jacksonville. Moved by Fletcher MOTION DIED (due to lack of a second) Commissioner Waters asked what he was voting on. Mayor Wolfson stated to adopt Resolution No 07-03 that was put in front of you tonight, as written, the only changes ~„ were those that were underscored, on page 2 it deletes "this area" and inserts the "City of Atlantic Beach and the City of Jacksonville" and on page 3 it deletes "and specifically those arrested in the Mayport area of and inserting "in", and in Section 3 ~. deleting "and specifically those cases resulting from arrests in the Mayport Road area of the" and inserting the words "in the". Mayor Wolfson called for votes to adopt Resolution No. 07-03. ~. Apri19, 2007 REGULAR COMMISSION MEETING Page 9 Votes: Aye: 3 -Borno, Fletcher, Wolfson ~„ Nay: 2 -Simmons, Waters MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-07-84, Public Hearing and Second Reading ~. AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007. Mayor Wolfson opened the floor to the Public Hearing. No one from the audience spoke so the Mayor closed the floor to the Public Hearing. Motion: Aanrove Ordinance No. 20-07-84 as written. Moved by Borno, seconded by Simmons. ~""" Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance 90-07-199, Introduction and First Reading ,,,,, AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-O1-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL ~„ SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY ADDING NEW ARTICLE V. CONCURRENCY MANAGEMENT SYSTEM AND PROPORTIONATE FAIR SHARE (ATTACHED AS EXHIBIT A) TO CHAPTER 24 OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Motion: Aaprave Ordinance No. 90-07-199 as written Moved by Borno, seconded by Fletcher. Commissioner Waters stated on the sixth line from the bottom of page 1 of 12 of Exhibit A it should state "may" instead of "my". ~* Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED #. Apr919 2007 REGULAR COMMISSION MEETING Page 10 Miscellaneous 8. Miscellaneous Business ,~„ Business A (Public Hearing) Request from Advantage Plumbing for aUse-by- Exception to allow a plumbing contractor (with no outside storage) to ~,,, occupy a developed site within the Commercial General (CG) Zoning District located at 880 Mayport Road. ~. Ms. Doerr summarized her report on this request and stated Greg Gause, Owner of Advantage Plumbing, was in the audience to answer any questions. Commissioner Waters questioned if there is going to be a sign and Ms. Doerr stated yes the new sign will comply with the current sign regulations. Commissioner Fletcher asked Mr. Gause how many trucks he has. Mr. Gause stated he has five trucks and Ms. Doerr stated they will be parked indoors. The Mayor opened the floor to the Public Hearing. No one from .the audience spoke so the Mayor closed the floor to the Public Hearing. Motion: Approve request for aUse-6v-Exception to allow Advantage Plumbing (with no outside storage) to occupy a developed site within the Commercial General (CG) Zoning District located at 880 Mayport Road with the following ~"" conditions: (1) there shall be no outside storage of equipment or business-related materials; (2) no manufacture, construction, heave assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted; and (3) ~" not more than one contractor-related vehicle shall be parked outdoors on a continuous basis. Moved by Waters, seconded by Borno. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson ~"' Nay: 0 - MOTION CARRIED B. Request from Jim Curtis Kirkland to provide tattoo services at 25 Sailfish Drive. City Clerk Donna Bussey summarized her staff report and stated if Mr. Kirkland receives approval from the Commission tonight he will still need approval from the Zoning Department, inspections by the Building Department and Fire Department, along with State Statute requirements such as supervision by a medical professional, approval by the Health Department, and biomedical regulations. Ms. Bussey reported she spoke with Cheryl Ellis at the Duval County Health Department who stated Mr. Kirkland is in compliance at his other businesses and also offered favorable comments. Ms. Bussey acknowledged Mr. Kirkland was in the audience to answer questions. ~,. Anrel 9, 2007 REGULAR COMMISSION MEETING Page 11 ~. Commissioner Borno asked Mr. Kirkland why he wants to move from his current location. Mr. Kirkland stated he has been on Mayport Road for twelve years and since ~, Wonderwood has opened up the business at his location on Mayport Road is almost dead and the neighborhood has gone down and he doesn't want to be there anymore. Commissioner Borno asked Mr. Kirkland what his hours of operation are. Mr. Kirkland stated he is open from 12:00 to 8:00 p.m., six days a week. Commissioner Borno questioned how often the Health Department and medical professional visit his establishment. Mr. Kirkland replied Dr. Roger Lowe inspects his shop twice a year and ~• the Health Department inspects once a year. Commissioner Borno asked if there is any record of any infections or issues that have developed from his business over the years. Mr. Kirkland replied no. Commissioner Fletcher asked Mr. Kirkland if he has any retail services or modern art at his Mayport Road location. Mr. Kirkland stated he does not. Commissioner Fletcher asked what percent of his business will be tattoo versus retail. Mr. Kirkland stated he could not answer that, he has never done this. Commissioner Fletcher clarified that the Zoning Department has interpreted a tattoo parlor is not a permitted use within ~"" Commercial General unless it is in conjunction with an ancillary permitted use such as a retail establishment and asked where do we draw the line. Commissioner Simmons asked City Attorney Alan Jensen if there were any legal grounds by which we would not accept this use. Mr. Jensen stated if this is ancillary to another business there is nothing in our ordinances that establishes the percentages one business or the other must have. He stated we do have the occupational or business license category in our ordinances for a tattoo parlor so it is contemplating tattoo artists. Ms. Doerr stated tattoo parlors are called out as a specific use within zoning districts, they are not in ours and in looking at our Commercial General regulations she made the interpretation that it is not a permitted primary use but that it is permitted subject to Commission approval as an ancillary use. Commissioner Simmons stated she has not found anything in the law that would give her the possibility of saying no. Mayor Wolfson asked for explanation of the modem art he will sell. Mr. Kirkland ~"' stated some of the artists live at the beach and are looking for an outlet to hang their art and hopefully sell it. Mayor Wolfson asked if the art gallery doesn't work, does he have plans for another business to come in there. Mr. Kirkland stated they have ~. discussed selling t-shirts as Plan B. Motion: Approve request from Jim Curtis Kirkland to provide tattoo services at ~. an ezisting commercial location in coniunction with a retail art shop at 25 Sailfish Drive, subiect to proper licensing for such services. ~, Moved by Simmons, seconded by Borno. Votes: ~„ Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 1-Fletcher MOTION CARRIED ~. r^ A~ri19 2007 REGULAR COMMISSION MEETING Pa~c 12 C. Report of the Annual Actuarial Valuation for Police Officers' Retirement System and for General Employee Retirement System ending September ~,. 30, 2006. Finance Director Nelson VanLiere summarized the written Actuarial Valuations for the Police Officers and General Employees Retirement Systems. Commissioner Fletcher questioned what covered payroll referred to in Section D1. Mr. VanLiere stated the percent of covered payroll is part of the funding formula they use requiring the City to contribute enough funds to keep that percentage level. City Manager 9. City Manager A. City Manager's Report Mr. Hanson stated the first commission workshop has been cancelled and reported our website continues to get even more usage. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney *~ City Commissioners City Attorney A. Acknowledgement of First Coast National Day of Prayer event on May 3, 2007 (Discussed during Mayor Wolfson's comments.) Commissioner Fletcher • Asked if COAB is considering a resolution on property tax reform. Mayor Wolfson stated he will report on that at the end when he speaks. • Stated Neptune and Jacksonville Beaches just passed an ordinance requiring independent traffic studies on developments. The traffic engineers are hired by the City of Neptune Beach and the study is paid for by the developer. He asked if the Commission is interested in amending the ordinance so Atlantic Beach can also benefit from that. Mr. Hanson stated that change is in the Ordinance we had a first reading on tonight. Mayor Wolfson Stated the City has been requested to submit a proclamation for a National Day of Prayer. He stated Mr. Jensen raised a concern that last year there was a lawsuit against the City of Jacksonville for holding a prayer event at the Coliseum. Mayor Wolfson asked if that was about using funds for that event. Mr. Jensen stated he believes that was part of it and there was a lot of objection raised to the event with the City being involved in a religious or church-related activity which was partly funded by the City of Jacksonville. Mayor Wolfson asked the Commission what their consensus was regarding submitting this proclamation. Commissioner Simmons stated she did not have enough information. Commissioner Fletcher stated he was uncertain. Mr. Jensen stated he had no objection, the thing in Jacksonville was due to funding because they used City money for the venue and the memorial stadium, it wasn't' the issue of the National Day of Prayer. Mayor Wolfson asked if the Commission had ~. Anri19 2007 REGULAR COMMISSION MEETING Page 13 received the request. Commissioners Fletcher and Simmons stated they did not recall receiving the request. Mayor Wolfson asked that the City Clerk redistribute copies of the request to the Commission. He also requested she distribute a copy to the City Attorney. Reported on his trip to Tallahassee with the Florida League of Cities and Florida League of Mayors, specifically as it related to the Governor's plan for property taxes. He stated he is very concerned about how it will affect the municipalities. He reported the Governor is very keen on changing the taxes and stated it is going to happen through a referendum with the citizens making the ultimate decision. He stated from the numbers given to him by Mr. VanLiere, this will create a $l.l million shortfall in our budget the first year. He urged the Commission to start reading and getting an understanding about this issue. Commissioner Fletcher asked the Mayor what he thought we could do. Mayor Wolfson stated he believes we need to communicate with our citizens to keep them apprised of what is happening so they will understand the impact on our budget. Commissioner Borno stated that if this is not to establish what millage rate is allowed, do we not have the latitude to have to consider what we do with our millage rate to make it up. Mayor Wolfson stated that is what is going to happen because we have to provide services for the expectations of our citizens and the only way to do that is to get the taxes. Commissioner Borno stated that the local government must educate the citizens as to what is really going on. Mayor Wolfson stated the Florida League of Cities is going to be very vocal. Commissioner Fletcher asked Mr. Hanson if there is any pressure we can apply. Mr. Hanson stated the citizens can call their elected representatives in Tallahassee. Mayor Wolfson agreed we could put that in a letter encouraging the citizens to get involved in this process. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:31 pm. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk ATTACHMENT A RESOLUTION NO. 07-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING MORE VIGOROUS PROSECUTION OF AND MORE SEVERE PUNISHMENT FOR PROSTITUTION CASES ON MAYPORT ROAD, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has considered improving the Mayport Road corridor as an issue of strategic importance and has devoted considerable time and money ~"' over the last several years in efforts to improve and clean up the areas along Mayport Road, and WHEREAS, specific efforts made by the City, and others, to improve and clean up Mayport Road include the following: a. Zoning changes implemented by the City to limit sizes of signs, prohibit chain link, barbed wire or razor fencing on street frontages, prohibit roofs that have a flat appearance, prohibit open bay doors that face Mayport Road, requiring windows and certain finishes on exteriors of buildings that face Mayport Road, and limiting exterior lighting. b. Strong code enforcement measures by the City's code enforcement department on sign regulations, accumulation of trash, and other relevant provisions of the City's code. c. Installation of landscaped medians along Mayport Road from Atlantic Blvd. to the Navy Base at Mayport in order to improve traffic and pedestrian safety is currently under design. This is to improve the business climate along Mayport Road, and the overall appearance of the entry into the Navy Base and is a joint project by Atlantic Beach, Jacksonville and the FDOT, at a cost of several million dollars. d. Other landscaping and maintenance projects have already been completed including Flyover landscaping at the Atlantic Blvd. intersection, creation of Veterans Park, and creation of a landscaped pond between 3`d and 4~ Streets with a walking track and benches. e. Special police operations by Atlantic Beach and other law enforcement agencies, have been conducted on numerous occasions to enforce laws against drugs, sale of alcohol to minors, DUI, and prostitution. WHEREAS, the Atlantic Beach Police Department has been responding to complaints of prostitution on Mayport Road for a number of years, has and ,~. Resolution No. 07-03 Page 1 of 3 continues to make sound cases against the prostitutes, but the cases do not result in any significant punishment or sentences, even for repeat offenders, and WHEREAS, Florida Statutes provide for more serious charges with harsher penalties for those who are convicted of prostitution more than once, including all third and subsequent violations being subject to third degree felony charges, which carry a potential sentence of up to five (5) years in prison, and WHEREAS, a review of Atlantic Beach prostitution arrests on Mayport Road shows that although some offenders have been arrested three (3) times or more over the past several years, none of the offenders were sentenced to more than sixty (60) days in jail. Therefore, although the Atlantic Beach Police Department has made sound and successful cases against prostitutes with multiple prior violations, these prostitutes have been routinely released back into the community with minimal penalties, resulting in many additional and related .problems, including: a. Prostitutes often have sexually transmitted diseases which can be spread to their customers, and eventually to innocent people. b. Prostitutes often participate in other crimes including theft, credit card fraud, auto theft, and similar crimes of opportunity related to their illicit sexual activities. c. Prostitutes are often addicted to various drugs, so consequently they often participate in the use, sale and distribution of illegal drugs including cocaine, heroin, methamphetamine and marijuana. d. Prostitutes often carry weapons for protection which can lead to weapons related offenses such as aggravated assault, batteries, etc, which can result in bodily injuries. WHEREAS, with the many completed and ongoing initiatives to enhance the safety and social climate along Mayport Road in Atlantic Beach and beyond, as described above, the presence of street level prostitutes denigrates the quality of life for people living, working, and passing through the Ci of Atlantic Beach and the City of Jacksonville; and WHEREAS, for the City's efforts to eliminate or significantly. reduce the number and visibility of street level prostitutes along Mayport Road to be ~. successful, there must be more vigorous prosecution of those arrested for prostitution, and there must be harsher punishment and sentences imposed on ~, those convicted of prostitution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1: The foregoing "WHEREAS" clauses are hereby made a specific part of this Resolution upon the adoption hereof. ~. Resolution No. 07-03 Page 2 of 3 SECTION 2: The City Commission requests that the Office of the State Attorney for the Fourth Judicial Circuit and Duval County, Florida, more vigorously prosecute prostitution cases in the City of Atlantic Beach and the City of Jacksonville, to include seeking enhanced charges and punishments for repeat violators, as allowed by Florida Statute. SECTION 3: The City Commission requests that all judges of the Fourth Judicial Circuit and Duval County, Florida, impose harsher sentences for those convicted of prostitution in the City of Atlantic Beach and the City of Jacksonville, to include imposing enhanced sentences for repeat violators, as allowed by Florida Statute. SECTION 4: The City Clerk is hereby directed to distribute copies of this Resolution to the Office of the State Attorney and all judges of the Fourth Judicial Circuit and Duval County, Florida. SECTION 5: This Resolution shall take effect immediately upon final passage and adoption. PASSED AND ADOPTED this day of April, 2007. ATTEST: DONNA L. BUSSEY, CMC City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney DONALD M. WOLFSON Mayor Resolution No. 07-03 Page 3 of 3