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01-28-08MINUTES REGULAR CITY COMMISSION MEETING January 28, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bussey Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. Mayor Meserve gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on January 14, 2008 and Commission Workshop meeting of January 15, 2008. Motion: Aunrove the minutes of the Regular Commission Meeting on January 14. 2008 and Commission Workshoa Meeting of January 15, 2008, as written Moved by Parsons, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. A. Presentation of Award to Sam Jacobson for his service on the Community Development Board. Mayor Meserve presented an award to Mr. Jacobson in recognition of his dedicated service to the City of Atlantic Beach as a member and Chairman of the Community Development Board and expressed the City's appreciation for his service to the City over the years. Stephen Kuti, 1132 Linkside Drive, spoke in favor of eliminating the floor area ratio but stated he would like to see increased setbacks for lots. Elizabeth Hughes, 2229 Marsh Point Road, Neptune Beach, addressed the Commission regarding the Landshark Cafe stating she is not in favor of their outdoor tables because they are not leaving adequate sidewalk space for pedestrians. David Bew, 381 Third Street, addressed the Commission regarding the Property Tax Amendment stating he has polled families in his neighborhood and nine out often families polled are going to vote yes. He stated they feel they are being taxed to death January 28, 2008 REGULAR COMMISSION MEETING Page 2 and believes the federal, state and local taxes can be less. He stated the people are fed up with the waste in the government and will take any tax cuts they can get. Carson Merry Baillie,1923 Beach Avenue, expressed her appreciation to the Commission for allowing citizens to pay off their sewer conversion assessments on a monthly basis in their utility bills. She also expressed her agreement to allowing drinks outside the Adele Grage Cultural Center. Don Ford, 338 6th Street, asked the Commission why the Palms Apartments has been allowed to stay in the condition it is for so long and expressed his dissatisfaction that there has been no condemnation completed. Sally Clemens, 1638 Park Terrace West, spoke regarding Floor Area Ratio, stating she believes there is no reason to revisit this issue. Jane Wytzka, 352 2°d Street, addressed the FAR issue, stating she does not agree to eliminating the FAR. Jonathan Daugherty, 830 Hibiscus Street, stated he believes the restrictions should be kept regarding display of items outside of businesses. He stated he is not in favor of changing the start time of the Commission meetings to 6:00 p.m. He also stated he is not in favor of purchasing the art for the five points area, believing the bed tax money can be better spent. Pat Pillmore, 995 Camelia Street, commented on the FAR stating she believes it is disrespectful to the process of this body to bring this issue up again. She also stated she is not in favor of changing the meeting time to 6:00 p.m. Bill Gulliford, 75 Beach Avenue, stated he did not change the meeting time of the Commission to 7:15 as reported in the Beaches Leader. He also stated he is in favor of eliminating FAR. R.D. De Carle, 51 Beach Avenue, spoke in favor of the elimination of FAR. Pete Loftis, 1015 Atlantic Blvd., owner of the UPS store at the Publix Shopping Center, thanked Commissioners Borno, Fletcher, Woods, City Manager Hanson, the two police officers and the Code Enforcement Officer who personally contacted him to see if his concerns with Landshark Cafe had been corrected, stating the unruly, disrespectful behavior has ceased, the trash has been cleaned up, and the beer cans are gone. He stated, however, he does believe the 50 outdoor seats will lead to problems as the weather improves. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. Ciry Manager's Follow-up Report. Meeting January 28, 2008 REGULAR COMMISSION MEETING Pate 3 Regarding the question brought up by one of the Commissioners at the last meeting about putting some of the power lines underground, Mr. Hanson stated from a Commission meeting a year ago and discussion at the Strategic Planning Meeting, it was the intention then to try to get the section of Atlantic Blvd. between Town Center and Seminole Road put underground. He stated the estimate received from JEA was $652,000, which did not include reinstallation of street lighting nor the relocation costs for telephone and cable, or service connections to adjoining buildings. He stated the City's estimate for the total cost would be approximately $1 million. He stated this cost was discussed at the last budget review session but was not included in the budget. 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 and Building Department Report for December 2007. B. Approve the requested fuel rate increase for Waste Services, Inc. Mayor Meserve read the Consent Agenda. Motion: Aoarove Consent Atenda Items A and B as read Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods 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. 10-08-23, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES, ALCOHOLIC BEVERAGES, SEC. 3-9 CONSUMPTION AND POSSESSION OF OPEN CONTAINER ON PUBLIC PROPERTY, TO PROVIDE FOR OUTDOOR CONSUMPTION OF BEER AND WINE ON THE COVERED DECKS, January 28, 2008 REGULAR COMMISSION MEETING Page 4 PORCHES AND VERANDAS OF THE ADELE GRAGE CENTER, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 10-08-23 by title only. Motion: Approve Ordinance No 10-08-23 as read Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one spoke so he closed the public hearing. After discussion it was agreed to vote on an amendment to the motion to reword the Ordinance to include the outside seating area right in front of the theater. Amended Motion: add special provision to include the outside seating area in front of the theater for ABET only during intermission Moved by Woods, seconded by Borno Votes: Aye: 2 -Parsons, Woods Nay: 3 -Borno Fletcher Meserve AMENDED MOTION FAILED Mayor Meserve then asked for a vote on the original motion. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 80-08-75, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22-39 WATER SHORTAGES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 80-08-75 by title only and explained that this Ordinance brings the City in line with water management rules and regulations. Motion: Approve Ordinance No. 80-08-75 as read Moved by Borno, seconded by Woods. Mayor Meserve opened the Public Hearing. No one spoke so he closed the public hearing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 20-08-88, Introduction and First Reading January 28, 2008 REGULAR COMMISSION MEETING Paee 5 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 Mayor Meserve read Ordinance No. 20-08-88 by title only Motion: Aanrove Ordinance No 20-08-88 as read Moved by Borno, seconded by Parsons. Commissioner Borno stated this Ordinance addresses the $10,000 of administrative changes for Atlantic Beach's share of the cost of the van for the Sulzbacher Center. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Ordinance No. 31-08-06, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING ONE AMENDMENT TO THE 2015 COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED; THIS AMENDMENT CONSISTING OF ONE CHANGE TO THE 2005 - 2015 FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL, MEDIUM DENSITY TO RESIDENTIAL, LOW DENSITY FOR AN AREA OF THE CITY AS DEPICTED ON ATTACHED EXHIBIT A, PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF FACT, FINDINGS OF CONSISTENCY, SEVERABILITY AND AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 31-08-06 by title only. Motion: Aaprove Ordinance No. 31-08-06 as read Moved by Borno, seconded by Parsons. Mayor Meserve asked the City Manager if this simply brings us in line with what has been passed previously and melds the two documents together. Mr. Hanson stated that is correct. He stated this just changes the Comprehensive Plan to low density which is not inconsistent to what it is now, it just brings it a bit more in line. Ms. Doerr stated there will be a public hearing in two weeks. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Ordinance No. 25-08-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, January 28.2008 REGULAR COMMISSION MEETING _ Page 6 CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8 FLOOD HAZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES, TO DELETE CERTAIN OUTDATED AND/OR NO LONGER APPLICABLE SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO INCLUDE ABANDONED CONSTRUCTION PROJECTS AS A NUISANCE, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 25-08-38 by title only Motion: Aonrove Ordinance No 25-08-38 as read Moved by Borno, seconded by Parsons. A question was raised by Commissioner Woods regarding the wording in (3) "Sec. 16- 17(b)(5) "All such unsafe buildings, structures or service systems are hereby declared illegal and shall not be abated by repair and rehabilitation or by demolition in accordance with the provisions ..." Commissioner Woods stated she doesn't see how you can correct the situation if you can't repair, rehabilitate or demolish. Mr. Hanson stated he believed the intent was that they are considered unsafe and in violation of the code, but it may not be worded as clearly as it could be. Mayor Meserve stated he believes Commissioner Woods is correct and this is a scrivener error that has been there forever and believes it should state it "shall be" resolved by one of the three ways, rather than it shall "not" be. Mr. Jensen stated he believes this needs to be looked at further because this ordinance is addressing several different chapters of the Code and he would not want to take one single section, where there has been a change made, out of context with everything around it. Mr. Hansen suggested looking at this and reporting back at the next meeting regarding that change. Mr. Hanson summarized the reasons for the changes to the Ordinance and further explained the changes and rewording of the fees. After further discussion it was determined the Commission would defer this Ordinance to the next meeting to allow time for staff to revisit it and make the changes discussed. Motion: Defer Ordinance No. 25-08-38 to next meetin Moved by Borno, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request to authorize the City Manager to execute an agreement for services with the Northeast Florida Regional Council to assist in the preparation of the Evaluation and Appraisal Report (EAR) on the City's Comprehensive Plan and the EAR-based amendments to the Comprehensive Plan as required by Chapter January 28, 2008 REGULAR COMMISSION MEETING page ~ 163, Florida Statutes and to provide other technical planning related assistance as may be needed. Motion: Authorize the City Manager to execute a Professional Services Agreement with the Northeast Florida Regional Council in an amount not to exceed $30 000 for assistance with the Evaluation and A raisal Re ort EAR on the City's Comprehensive Plan. the subsequent EAR based amendments, and other technical assistance as may be needed Moved by Borno, seconded by Fletcher Ms. Doerr explained State Growth Management Law requires that we periodically review and update our Comprehensive Plan through the Evaluation and Appraisal Report (EAR) process. She stated a lot of this can be done in-house but there are some technical requirements where we do need assistance. She stated there is $30,000 for professional services in this year's budget that was put in specifically for the EAR process and subsequent amendments. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED B. Request for determination regarding bingo as an allowable use within the Commercial Limited Zoning District. Ms. Doerr explained bingo is specifically not allowed in the Commercial General Districts and stated generally the way zoning works, if you have one category where something is not allowed, it is not allowed in the less intense categories either, i.e. Commercial Limited. After extensive discussion and an explanation of the request to allow bingo from the property owners of Mayport Square (Kelly and Ben Erhayel, 1573 Herrington Park Drive, Jacksonville) the Commission unanimously agreed to send this through the process to determine if they want to change the Code to allow bingo. C. Discussion regarding revisions to the zoning regulations, which currently prohibit the outside display of certain types of retail merchandise. Ms. Doerr summarized her staff report and read in full the list of limitations included in her staff report. Commissioner Parsons stated he believes this is a good compromise as the staff report is written. Commissioner Borno commended the staff for this middle ground and stated he is willing to try this. Mayor Meserve stated, with the limitations, it is a good compromise. Consensus was to bring this back as an ordinance with the limitations presented in the staff report. D. Proposed Emergency Ordinances for Disaster Preparedness. January 28, 2008 REGULAR COMMISSION MEETING Page 8 Chief Thompson summarized the recommendation for the adoption of emergency ordinances for disaster preparedness. He stated this is not to bypass or usurp any of the authority of the City Commission but is intended to allow the Mayor and City Manager to effectively function in an emergency situation when the Commissioners are away or otherwise unavailable to meet. Commissioner Borno stated he liked the draft but suggested a workshop is needed to put some fine touches to it. Commissioner Parsons stated he likes the draft the way it is written and believes this should be in place. Commissioner Woods stated she is unclear whether all the decisions need to be jointly made or it is either/or. Chief Thompson stated it is the intent that the decisions to adopt any of these emergency ordinances would be jointly made by the City Manager and the Mayor. Mayor Meserve stated he agrees with the provisions in the draft and directed the Commission to read the report and come back to the next meeting prepared to discuss it. Commissioner Fletcher stated he would like to hear Commissioner Borno's input on this, but agrees in principal that they need to move forward with this. He stated there may be things the Commission might want to add to it. E. Funding for Public Art Project. Mr. Hanson summarized his staff report, explaining the money is already budgeted in the appropriate fund and will not need a budget amending ordinance, but rather a simple vote to transfer the $45,000 from the Buckman project to the Public Arts account. Motion: Move $45,000 from the Buckman Fund to the Public Arts Account Moved by Borno, Seconded by Parsons Commissioner Borno stated he is in favor of the funding, but not the placement of the art at the five points intersection. Commissioner Fletcher thanked Commissioner Parsons for his efforts on this project. Commissioner Parsons explained the background of this art project. Mayor Meserve explained his reasons for bringing the approval of funding for this art project back to the Commission. Commissioner Woods asked if the $45,000 will be the final cost or will there be additional ongoing costs associated with it. Mayor Meserve stated there are probably some additional costs depending on what type of pedestal it is put on. He stated with the statute being solid bronze, it does not need to be shined or anything like that, but January 28.2008 REGULAR COMMISSION MEETING Page 9 like the sculpture we have in the five points intersection now, if it gets damaged it has to be repaired. Mr. Hanson stated with our $45,000 and Jacksonville's $50,000 it will just get the statute delivered here, but additional costs for the base and installation have been estimated at $15,000. Commissioner Parsons stated $15,000 is the high-end cost, it all depends what the base is made from. He stated there are private funds promised to help with the extra costs. Votes: Aye: 3 - Borno, Meserve, Parsons Nay: 2- Fletcher, Woods MOTION CARRIED F. Optional Second Residential Garbage Pickup Per Week. Mr. Hanson summarized the background and pricing of the extra garbage pickup and stated if the Commission wants to provide this option for the citizens an ordinance will need to be prepared for consideration. He also stated he was informed by the hauler they could not take more than 400 customers opting for a second pickup without having to buy new equipment. After further discussion of the rates and contract, the Commission agreed to direct staff to draft an Ordinance to offer the second garbage pickup per week as an option to the citizens of Atlantic Beach. G. Starting Time of Regular Commission Meetings. Mayor Meserve stated he is in favor of changing the starting time to 6:00 pm to allow staff and citizens to get home earlier. The Commission agreed and directed staff to draft an Ordinance to reflect the change. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported Timmy Johnson has been appointed to the Jacksonville Anti- Crime Subcommittee for Positive Youth Development because of his experience in creating and managing youth programs at the community centers. Mr. Hanson stated he received word today that the EPA has adopted the final TMDL for the river and the State process will now begin for the adoption, which is expected to go through fairly quickly. He stated the DEP is already starting to put the TMDL nitrogen limits in the wastewater plant permits. Mr. Hanson announced that AT&T is currently installing a cable TV system in the City. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Report from Board Member Review Committee. January 28, 2008 REGULAR COMMISSION MEETING Page 10 Commissioner Borno reported on the January 10~' meeting, stating Member Casey Quinif informed the Committee he is relocating his residence to Jacksonville and is no longer eligible to serve on the Committee. Commissioner Borno also reported the Committee discussed citizen members' terms had not been staggered as required and the possibility of establishing an expiration period for Board/Committee applications. B. Appointments to the Tree Conservation Board and the Board Member Review Committee. Based on the Board Member Review Committee's recommendations, the Mayor made the following motions: Motion: Reappoint Maureen Shaughnessy to an additional term on the Tree Conservation Board Moved by Meserve, Seconded by Parsons Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED Motion: Reappoint Brea Paul to an additional term on the Tree Conservation Board Moved by Meserve, Seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED Motion: Extend Glen Fisher's first term by one year to end on March 27, 2009 instead of March 27, 2008 to establish a staggered term between the citizens membership on the Board Member Review Committee Moved by Meserve, Seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Borno stated the Board Member Review Committee recommended that all board/committee applications shall expire two (2) years from the date of submittal and a letter shall be sent to applicants to notify them that their application has expired. The Commission unanimously agreed to this recommendation. Commissioner Borno asked for guidance from the Commission on how to fill the vacant position of Casey Quinif. Commissioner Fletcher stated he believes the Commission should get applications and make the appointment to the Board Member January 28, 2008 REGULAR COMMISSION MEETING Page 11 Review Committee, not the Committee itself. Mayor Meserve stated if the Commission has any thoughts on this to bring them to the City Manager and they will decide on this. Commissioner Borno stated there is only one application at present for that position. Commissioner Fletcher stated he knows of a couple of people who may be interested and will get an application to them. Commissioner Borno stated there needs to be action on this soon because they need to fill the position for the next meeting, February 14, unless that date is changed. C. Further Discussion about Floor Area Ratio Commissioner Woods proposed that the FAR not be eliminated but rather make it an option, so you either abide by the design guidelines or, if you want to do something out of the box and have a unique home, then you can abide by the FAR guidelines. She explained that hopefully this would minimize some of the division in the community. Commissioner Fletcher gave an example of why he believes FAR should be eliminated. Commissioner Borno stated he believes having an option for FAR would be like a Pandora's box in making it applicable. Commissioner Parsons agreed stating this would be like someone requesting a permit and being told we have a FAR in place, but if you don't want to use it you don't have to. Mayor Meserve stated he does not believe this would be practical, although he knows what Commissioner Woods is trying to do. He stated his reason for supporting eliminating FAR is that it changes little what you can build. He stated this change would be a relatively minor amendment to the ordinance, leaving all the rest of it in place. Commissioner Borno Stated he attended the brief from Senator Bill Nelson and summarized the various points from his presentation, including the activation of the 4`t' Fleet and the probability of Mayport getting a nuclear carrier. Commissioner Fletcher • Thanked the City Manager and staff for everything they do. Mayor Meserve • Asked that the Commission go through the chair when asking staff opinions so there will not be a debate. • Reported on his talk to the Duval Delegation on the St. Johns River issue. • Urged the Commission to start thinking of actions that would save energy and water usage, enabling Atlantic Beach to become a green city. Adjournment January 28.2008 REGULAR COMMISSION MEETING Page 12 There being no City Clerk