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01-08-07MINUTES REGULAR CITY COMMISSION MEETING January 8, 2007 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 Commissioner Jamie Fletcher ABSENT: Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen 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 Borno. Mayor Wolfson welcomed the audience and mentioned that Commissioner Simmons and City Attorney Jensen were out of town and stated there are some items that will not be addressed tonight because of the need to have the City Attorney present. He then explained the process for public comments. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on December 11, 2006. Motion: Aaprove the minutes of the Regular Commission Meeting on December 11.2006 as written. Moved by Fletcher, seconded by Borno. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Wolfson opened the floor to visitors and explained the process for public comments. Stephen Kuti,1132 Linkside Drive, representing Jack Robbins, President of Selva Linkside Home Owners Association, expressed his concern regarding the wetlands in Selva Linkside. He stated when the land for Selva Linkside was originally purchased the developer told the Commission the wetlands on the northeast corner would not be disturbed. Mr. Kuti stated it has come to his Home Owners Association's attention that the wetlands have been sold again and the new owner, Pete Rodriguez of Atlantic Beach, has placed no trespassing posters around the property, which means to them he is trying to do something with the property. Mr. Kuti requested the Commission advise January 8, 2007 REGULAR COMMISSION MEETING Page 2 Mr. Rodriguez that no development will be approved because the purchased property is mostly wetlands, which is protected by the Environmental Protection Agency. He stated the only dry strip is on the south side next to Selva Linkside and it is only 15 - 25 feet wide, which is not large enough to build on. Mr. Kuti stated these wetlands act as a giant sponge in times of extreme high tides and storm and have protected Selva Linkside from flooding, in addition to being the home to owls, turtles, red foxes, raccoons, armadillos and other wild life. He said if it is developed, residents would have to enter and exit to the south, at the entrance of the Selva Linkside. He stated the remaining property to the west and northwest corners, including the western corner of the wetland, is owned by Selva Linkside, which the Association will not sell to nor allow Mr. Rodriguez to use for exit or entrance to his property. He stated that when Mr. Robbins returns home, Mr. Robbins will formally request the Commission deny building on this sensitive parcel, which is Selva Linkside's protection from flooding. Secondly, regarding the boat ordinance issue, Mr. Kuti mentioned he supports the current Ordinance relating to the 15-foot setback for boats and RVs. Additionally, regarding the redistricting issue, Mr. Kuti stated he believes all four districts in Atlantic Beach need representation and only the Mayor should be elected at large and suggested this formula be put on the May 2007 ballot, which if passed should become effective November 2007. Concerning Mr. Kuti's wetlands issue, Mayor Wolfson replied that the City is well aware of the wetland protection issues and believes Mr. Kuti's observations and Mr. Robbins concern will alert the City to be vigilant about this process. Ray Brown, 523 Clipper Ship Lane, stated he is against the exemption for the City of Atlantic Beach and its franchise agents as proposed in Ordinance 95-06-92 and stated he believes the City should not include the exemption in that Ordinance. Pat Pillmore, 995 Camelia Street, thanked Mr. Kuti for bringing up the wetlands issue again and suggested it be put on the map as wetlands so it is protected. She also stated she sent the City a note on her research on pavers. Ms. Pillmore asked if any permanent dates have been set for the Redistricting Committee and asked to receive a list of the membership and their backgrounds. Mayor Wolfson stated she could get these dates and membership list from the City Clerk. Michael Hoffmann,176 Camelia Street, expressed concern about the article in the paper stating the Commission was going to reconsider the setback for boats and trailers. He believes a fair compromise on this issue has already been achieved and doesn't believe this needs to be addressed again. Janice Gilpin, 680 Palm Avenue, expressed her concerns about safety, protection, and private residents vs. public traffic. Mayor Wolfson stated the City Manager and the Chief of Police will respond to her directly and immediately regarding her concerns. Hobart Joost, 336 7th Street, expressed opposition to the proposed changes to the boat ordinance. Mr. Joost mentioned he custom built his home to have a boat parked on the side. He stated he does not want to live as though he is in a gated community; he wants to live in Atlantic Beach where boating and fishing are his lifestyle and reiterated that he is against any changes to the Ordinance. January 8, 2007 REGULAR COMMISSION MEETING Paee 3 Jane Wytzka, 352 2°d Street, suggested the boat ordinance include language to address the noise and smell of fumes from engines of boats, recreational vehicles or motorcycles left idling when the owners aze working on them in their yards. No one else in the audience spoke and Mayor Wolfson closed the courtesy of the floor to visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson stated that there are a couple of items in writing and asked if anyone has any questions on these. Regarding Item 3A, Mayor Wolfson stated he needed from Chief Thompson the numbers not between 7:00 a.m. and 7:00 p.m. but between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m. to determine the amount of traffic in Selva Linkside on Linkside Drive. 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 Building Department Report for November 2006, Public Works and Utility Department Reports for December 2006 and New Occupational Licenses issued in December 2006. B. Approval for the City Manager to sign a contract with FirstCall for providing Emergency Communications Services. C. Awazd Bid No. 0607-04, Construction of Handicap Dune Crossover at 3`d Street Beach Access, to Schippers Marine Construction in the amount of $ 19,642. D. Extend the contract (Bid No. 0506-2) for Polymer for one additional year to Leachem Industries, Inc. at the contract prices. E. Award the contract for Landscape Maintenance at Atlantic Blvd. Medians, Mayport Road Flyover azea, and Town Center (Bid No. 0607-03) to Trim-All Lawn Service. F. Authorize staff to begin negotiations with the top-ranked firm, Applied Technology & Management (ATM), for engineering services for the Royal Palms Subdivision Infrastructure Improvements Project Preliminary Engineering Report (RFP #07-02). G. Approve the use of the City's annual contract engineer, Bowen Civil Engineering, to assist the City with completing the Consumptive Use Permit Renewal process for $25,380.99. January 8.2007 REGULAR COMMISSION MEETING Page 4 H. Approve the Scope of Services and Fee Proposal for Design of Ocean Boulevard Drainage Improvements between 14th Street and 16th Streets and authorize the City Manager to sign the contract with Eisman & Russo for fees totaling $27,934.71. Mayor Wolfson asked if any Commissioner wished to pull an item. Commissioner Waters asked that Item G be pulled. Motion: Aonrove Consent Agenda Items A-F and Item H as read Moved by Borno, seconded by Fletcher. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Waters asked Utility Director Donna Kaluzniak if the request fora 20- year permit was feasible. Ms. Kaluzniak stated that was correct and it is possible to get one. He asked if the payment is paid every year. Ms. Kaluzniak stated the permit application is a one-time cost of $1,000 when the application is turned in. Motion: Approve Consent Agenda Item G as read Moved by Waters, seconded by Fletcher. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson 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. 90-07-198, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01- 172 INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO ADD NEW ARTICLE V, ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS, DIVISION I, WELLHEAD PROTECTION, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only and opened the floor to public. As no one came forward Mayor Wolfson closed the public hearing. January 8, 2007 REGULAR COMMISSION MEETING Page 5 Motion: Approve Ordinance No. 90-07-198 as read Moved by Waters, seconded by Fletcher. Votes: Aye: 4 - Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Ordinance No. 95-06-92, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only and made a motion to defer until the City Attorney and Commissioner Simmons are present. Motion: Defer Ordinance No. 95-06-92 until nett meetin Moved by Wolfson, seconded by Fletcher. Votes: Aye: 4 - Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. (Public Hearing) Request for aUse-by-Exception for Heavy Automotive Repair within the Light Industrial and Warehousing (ILW) Zoning District to allow McCormick Auto Body to re-locate from 1198 Mayport Road (within the Commercial General district) to a previously developed site with all business activity to be contained within the existing enclosed building. Community Development Director Sonya Doerr stated the Community Development Board recommended approval with the conditions included in the staff report and presented slides showing the location of the site. Mayor Wolfson clarified that the recommendation was for the Commission to make a motion to approve Use-by-Exception 2006-06 with suggested conditions as set forth herein as recommended by the Community Development Board. Motion: Approve Use-bv-Exception 2006-06 as recommended by the Community Development Board following the guidelines as set forth by the CDB Moved by Fletcher, seconded by Waters. January 8, 2007 REGULAR COMMISSION MEETING Page 6 Mayor Wolfson opened the floor to the public. No one from the audience spoke so the Mayor closed the public hearing. Commissioner Borno stated the suggested shrubbery placement would be on the public right-of--way and believes that portion of the conditions should be deleted. Commissioner Waters asked for clarification that the West Plaza Center was originally a commercial office park and questioned if they got in there by Use-by-Exception. Ms. Doerr stated that was correct. Commissioner Waters stated it should now be developed as an office park again. Ms. Doerr stated it is a space with multi tenants and the Commission has approved two Use-by Exceptions, one for heavy automotive repair and this one for auto body. Commissioner Waters asked whether this would not likely be approved in the future. Ms. Doerr agreed for that location. Mayor Wolfson clarified that once this applicant moves then the Use-by-Exception is abandoned for that building so if someone wanted to put something else in that would require Use-by- Exception they would have to go through the process of applying with the Community Development Board and receiving approval from the Commission. Ms. Doerr stated it would be limited to permitted Commercial General Use or those that the Board and Commission would approve as aUse-by-Exception. Mayor Wolfson confirmed with Commissioner Borno that he was in opposition to the shrubbery. Commissioner Borno stated secondly that is a swale that is not well maintained and it is part of the storm water run-off retention and nothing should be put in that area. Mayor Wolfson asked Ms. Doerr if the proposed landscaping was intended for just between the swale and the asphalt parking. Ms. Doerr stated yes that was what the Community Development Board has requested but Commissioner Borno is correct that a portion of that area is for retention. Mayor Wolfson asked Public Works Director Rick Carper if there is a possibility of putting a shrub or hedge right at the parking area so it would serve as a greenbelt buffer that would not interfere with the swale. Mr. Carper stated there could be shrubbery put along the edge of the parking area because the swale mainly carries water from the road and the parking area drains directly to the east into the retention area with the swale running alongside that as well as a north/south ditch on the eastern boundary of the property. Mayor Wolfson stated he believes the hedge could be put in to buffer the parking to make it a greenbelt effect. Commissioner Borno stated this would work for him. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Parks & Recreation Building Use Fee Adjustment. Parks and Recreation Director Timmy Johnson explained the fee adjustment is to make better use of the recreation centers. He stated the fee currently is $50 to use the building, with a $100 deposit. Mr. Johnson stated the proposed recommendation is to raise the fee to $100 to use the building for afour-hour period, with a $200 Januarv 8, 2007 REGULAR COMMISSION MEETING Page 7 deposit, and charge an additional $25/hour to have the building for longer than four hours. He stated, in the past, when the rental also permitted the use of alcohol, occasionally there has been some damage to the facility, so they are addressing that issue by having staff present to monitor some of the activity that goes on and charging a $50 fee for staff time. Additionally, Mr. Johnson recommended changing the closure time from 11:00 p.m. to 10:00 p.m. and will present this to the Commission as a change in the Ordinance. Commissioner Waters stated he supports the monetary changes to rent these facilities but disagreed with changing the closure time and questioned why this was necessary. Mr. Johnson responded that they have received complaints that some people are staying longer than even 11:00 p.m. and since other City Parks and Recreation facilities (i.e. the tennis courts and baseball field) close at 10:00, except for Adele Grage and the other centers, this change would have all facilities close at the same time. Commissioner Borno commended Mr. Johnson and his group for bringing this forward and believes it a good thing and agrees with the earlier closure time to be consistent with the other facilities. Mayor Wolfson suggested that since one of the City Ordinances does not allow alcohol use in the park, but the activities held at Adele Grage are allowed to serve alcoholic beverages, the serving of alcoholic beverages outside becomes problematic because it is a conflict with the City Ordinance. Mayor Wolfson recommended that a change be made to charge a $500 deposit for any function serving alcoholic beverages and violators will lose their deposit. Commissioner Waters believes that is too much money and suggested lessening the charge to $250. Mayor Wolfson stated he is open to changing but it should reflect the serious intent of the Commission and the City to enforce the Ordinances we have and agreed with Commissioner Fletcher that he also has received complaints about the consumption of alcoholic beverages in the park. Commissioner Borno asked if the alcoholic consumption is not retained inside the building and goes outside, is that when there would be a penalty and stated if so then if anyone puts a tent up for overflow, the City would have to back that up. If approved, Mayor Wolfson stated this would take no action on the Commissioners part; it would be up to Mr. Johnson to enforce. Mr. Hanson added that with receiving the $50 fee for staff to open and close the facilities, they could monitor the parties with alcohol and any clean-up issues. Motion: Have staff draft an ordinance for presentation to Commission Moved by Fletcher, seconded by Borno. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED C. Commission Request to Add Additional Christmas Decorations to Mayport Road. Commissioner Waters questioned whether the City should continue to purchase decorations to replace the old ones as they wear out and new decorations to add to the existing. Commissioner Waters stated he would like to see the decorations go right up to the bridge and believes it would be much more outstanding in that open January 8, 2007 REGULAR COMMISSION MEETING Page 8 area than elsewhere. Mayor Wolfson commended Commissioner Waters and the previous Commissions for undertaking this effort and believes it adds to the charm of our community. He agreed we should extend and enhance the decorations where we can. Mr. Hanson stated we have the budget and we need to work with JEA to see what other poles we can put them on. Mr. Carper stated we need to buy decorations for the poles that have already been rigged for installation on Mayport Road. To add additional poles to what we already have and to buy decorations for those additional poles will require additional budget funds later. Mayor Wolfson stated that he thought the lights on the City sign were a nice touch and would like to see that done on the other City signs. Mr. Carper stated he would coordinate with Mr. Johnson on that. Commissioner Waters questioned why we do not extend all the way to Fleet Landing. Mr. Carper stated we have nothing north of Dutton Island Road. Commissioner Waters said that was problematical because on at least one side of the road it is Atlantic Beach and believes it should extend up to Fleet Landing. Mayor Wolfson said we should cover the City's poles and work with the City of Jacksonville with the complementary zoning overlay for that portion of Jacksonville that abuts Atlantic Beach, so there is no reason not to ask them to decorate their portion on the island. Mr. Carper stated that the decorations the City of Jacksonville currently puts up are on City-owned streetlights, so it would require some coordination between Jacksonville and JEA, which should not be hard. Mayor Wolfson said we should start the dialogue so it complements what we are doing. Commissioner Borno stated that if we need additional funding, we will be visiting the budget again in sufficient time to be able to take that into concern. Mayor Wolfson requested that City Manager Hanson move forward with it. D. Boat parking on residential lots. After a brief discussion, this issue was deferred to discussion at strategic planning. Motion: Defer to Discussion at Stratesic Planning Meeting Moved by Borno, seconded by Fletcher. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED E. Request from Florida League of Cities for a resolution supporting 2007 Legislative Priorities. Mr. Hanson stated the League of Cities has requested all of their member cities to adopt a resolution supporting their platform for the upcoming legislative session, for example preserving municipal authority on franchise and cable regulation and the housing trust fund. He stated that if the Commission agrees, we can prepare a resolution for consideration at the next meeting. This was agreed upon by consensus. January 8, 2007 REGULAR COMMISSION MEETING Pane 9 Commissioner Fletcher questioned whether anyone will be attending the FAST program in Washington, DC put on by the League of Cities in February. After discussion by Commissioner Waters regarding the importance of attending including the federal money received, Mayor Wolfson questioned what the direct benefit to us would be by attending that could not be achieved by the Florida League of Cities attending. Commissioner Waters stated that if every City felt that way, there would be no elected officials there, which makes a big difference. Mayor Wolfson agreed and asked when this was being held. Commissioner Fletcher stated the FAST meeting is on February 6 and the National League of Cities meeting in Washington, DC with congressional leaders is in March. Mayor Wolfson said he will discuss this with the City Manager to see if they can justify the time and expense to attend and will report back to the Commission. Mayor Wolfson asked the staffto prepare a resolution for the Commission to act upon at the next meeting. City Manager 9. City Manager A. City Manager's Report Mr. Hanson referred to his written report and reported, although the DOT had requested removal of the crepe myrtles on Atlantic Blvd. median that was blocking a sign, Mr. Carper was advised that they can be trimmed back instead. Secondly, Mr. Hanson reported that the FCC in Washington has approved a set of regulations that partially preempts local governments from issuing franchises to video service providers. This requires the local governments to approve franchise applications within 90 days, bars governments from requiring build out, that is built to the entire city not just the rich areas where it is expected to make a lot of money, and limits amount the jurisdiction can receive in franchise fees. He expects there will be a court intervention by several groups trying to stop this. He stated he wanted to bring this to the attention of the Commission because this commission has adopted a resolution at least once instructing the City Manager to write a letter to the State and Federal legislators supporting our position to maintain municipal rights. Mr. Hanson also reported that the City Police Department has conducted underage alcohol deployments on a number of occasions, sending a minor with no I.D. into a place selling alcoholic beverages to see if they will sell beer or wine to them. In November, eleven stores were checked and six of those stores sold alcohol to minors. A follow-up deployment was conducted a month later and a lower percentage of stores sold to minors but one of the group that was cited earlier sold alcohol again to minors. He stated when 50% of the stores sell alcohol to minors, there is a serious problem going on. The only cases our Police Department can make are against the clerks who sell the alcohol to minors and the storeowners tend to fire the clerk and hire someone else at minimum wage. The State of Florida retains the authority to consider suspension or revocation of alcoholic beverage licenses, which would get the attention of the storeowners. He stated the City will continue to have alcohol deployments, particularly to those stores who have previously sold alcohol to minors and they are coordinating with the State and will encourage them to consider license revocations January 8.2007 REGULAR COMMISSION MEETING Page 10 when there are multiple sales at any one location. Mayor Wolfson agreed this is potentially a very serious problem and one that needs to be addressed carefully and persistently so those who do sell under that license understand their responsibility as a good citizen in this community. Commissioner Borno believes this would be a good thing to take to the legislative group in Tallahassee and ask for the issuing authority for the liquor license to tighten up to where if we cite a clerk it also be known we are citing the owner to get away from the loophole of the owner being able to get away with just firing someone. Mayor Wolfson agreed and said in addition to the business owner, the landlord should also be held responsible. Commissioner Waters asked that we start a letter campaign to those who protest our landscaping as well as to the State explaining that we have spent a lot of money to beautify the heart of Atlantic Beach. Mayor Wolfson asked that Commissioner Waters discuss this issue with the City Manager. Mayor Wolfson asked that the Commission send a letter to Patty Drake congratulating her on her accomplishment as Employee of the Quarter and Employee of the Year. Mr. Hanson stated that our policy requires us to have a function and the Commissioners will be invited to that. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners A. Appointment of Commissioner to the Board Member Review Committee (one City Attorney year term). Mayor Wolfson made a recommendation to reappoint Commissioner Waters. Motion: Reappoint Commissioner Waters to the Board Member Review Committee. Moved by Fletcher, seconded by Borno. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Recommendation for reappointments to the Community Development Board. Motion: Approve Reappointment Lynn Drysdale to the Community Development Board. Moved by Wolfson, seconded by Borno. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED Jauuarv 8.2007 REGULAR COMMISSION MEETING Pase 11 Motion: Defer Reappointment of Chris Lambertson to the Community Development Board until next meeting. Moved by Fletcher, seconded by Waters. Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 0 - MOTION CARRIED Commissioner Fletcher asked to defer decision on reappointment of Chris Lambertson to Community Development Board to next Commission meeting based on City Attorney not being present and Commissioner Waters requested deferral due to there not being a full commission. C. Recommendation for new appointment to the Community Development Board. Motion: To Appoint Joshua Putterman to the Community Development Board Moved by Wolfson, seconded by Fletcher. Commissioner Borno asked to defer decision to appoint Mr. Putterman until next meeting to seek legal counsel. No further discussion ensued. Votes: Aye: 3 -Fletcher, Waters, Wolfson Nay: 1 -Borno MOTION CARRIED Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:38 pm. Donald M. Wolfson, Mayor/Pre 'ding Officer ATTEST: Donna L. Bussey, CMC City Clerk