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03-10-08MINUTES REGULAR CITY COMMISSION MEETING March 10, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem 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 6:00 p.m. Commissioner Parsons 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 February 25, 2008. Motion: Aaprove the minutes of the Regular Commission Meeting on February 25, 2008, as written. Moved by Parsons, seconded by Borno. 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 announced Commissioner Carolyn Woods recently completed the 2008 Institute for Elected Municipal Officials. He congratulated Commissioner Woods and presented her with a certificate. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. A. Request by Kelly Elmore and Michael Dunlap for approval to place sculpture at the East end of Atlantic Boulevard Kelly Elmore, 1650 Beach Avenue, Chairman of Town Center Agency addressed the Commission regarding the proposed juried art competition for the Town Center roundabout location and asked for their approval in starting the process of placing artwork in the roundabout near the Sea Turtle. He stated they are not asking for money from either Atlantic Beach or Neptune Beach and believe they can raise the necessary money privately and through State grants. He also stated Town Center Agency will be responsible for any maintenance necessary for the artwork. Mayor Meserve explained although this was not an action item tonight, he asked the Commission to give their comments. After discussion, Mayor Meserve, Commissioners Fletcher, Parsons and Woods were in favor of placing artwork in the roundabout. Commissioner Borno stated he is not in favor of putting artwork in that location. Mayor Meserve stated this will be brought back as a resolution at the next Commission meeting. He also March 10, 2008 REGULAR COMMISSION MEETING Pa e Z suggested a joint meeting of the Atlantic Beach and Neptune Beach elected officials after the selection so they can get all comments at one meeting. Sally Clemens, 1638 Park Terrace West, addressed the Commission regarding FAR, stating she is in favor of it. She also stated she supports offshore drilling off the coast of Florida. Sharon Griffith, 1128 Violet Street, addressed the Commission regazding a concrete block that was thrown through her car window in retaliation of her reporting to the police an incident that occurred in her neighborhood. She also stated another piece of concrete block was thrown through the front window of her house several days later. She implored the Commission to take action to clean up her neighborhood. Chris Griffith, 75 Coral Street, brother of Sharon Griffith, reiterated the crime problem in her neighborhood, stating that it is a drastic difference from his neighborhood and wanted to make the Commission awaze of the problem. He stated if there is anything he or his sister can do to help they would be more than happy to. Mayor Meserve stated normally the Commission does not respond to or debate the Courtesy of the Floor to Visitors but stated the Commission recognizes the problem and attended a Community Concerns meeting last week regarding the crime problem. He announced there is another meeting tomorrow night at Donner Pazk at 6:00 pm to discuss how they can raise the quality of life for everybody living on or near the Mayport Road corridor. He stated the Commission needs to take steps necessary to remove the bad elements from the City, including shutting down or correcting bad rental units, which can be done through ordinances. Mayor Meserve distributed a statement that will appear in the next newsletter to the Commission and Sharon and Chris Griffith explaining the efforts that will be taken to improve conditions in these areas on and near Mayport Road. Commissioner Pazsons stated the Commission is also addressing the landlord issue. Commissioner Woods reiterated the meeting tomorrow at Donner Park is at 6:00 and asked the Griffiths to bring their friends and neighbors. 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. City Manager's Follow-up Report. Meeting None. 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 Public Works and Utilities Department Project Status Report and List of New Business Tax Receipts for February 2008 March 10, 2008 REGULAR COMMISSION MEETING Pa e 3 B. Award the contract for Asphalt Repairs for the Public Works/CTtilities Department (Bid No. 0708-06) to Tom's Asphalt Repairs, Inc. for one year starting March 1, 2008 C. Approve the recommendation of the Cultural Arts and Recreation Advisory Committee to donate $1,000 to the Fletcher High School Band to assist with their travel expenses to Washington, DC Mayor Meserve read the Consent Agenda. Commissioner Borno asked that Item C be pulled. Motion: Approve Consent Agenda Items A and B, as read Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno stated, since the Cultural Arts and Recreation Advisory Committee's budget did not have enough funds to honor the original request of $3,000, he would like to propose a budget amendment so the Commission can approve the additional $3,000 to the CARAC budget so they can allot it to the Fletcher HS Band, while keeping them within their budget. He stated if the Commission does this, he would want to contract at least two performances with the Fletcher Band within the next twelve months to supplement Cultural Arts and Recreation events, i.e. Art in the Park. Commissioners Fletcher and Parsons stated they would support a budget amendment. Motion: Request staff to prepare a budget ordinance amendment to supplement the Cultural Arts and Recreation Advisory Board budget for $3.000 for the purpose of contracting with Fletcher High School Band for two performances for a total of $3.000. Moved by Borno, seconded by Parsons. 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 A. Resolution No. 08-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE CURRENT CONTRACT WITH WASTE SERVICES OF FLORIDA, INC. TO ADVANCED DISPOSAL March 10.2008 REGULAR COMMISSION MEETING Page 4 Mayor Meserve stated there is an amendment to the resolution title changing "approving" to "consenting to" and read Resolution 08-04 by title only (which is attached and made part of this Official Record as Attachment A). Motion: Approve Resolution No. 08-04, as read Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager Jim Hanson recognized Tammy Wilson, district manager of the north and south areas of Jacksonville for Advanced Disposal, who was in the audience. Ms. Wilson gave a brief overview of Advanced Disposal and her background. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-08-203, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, AS ADOPTED BY ORDINANCE NUMBER 90-O1-172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS TO DELETE SUBSECTION (c) (1), FLOOR AREA RATIO, AND ALSO CREATING NEW SUBSECTIONS (e) AND (f) TO ESTABLISH VARIANCE AND REVIEW PROVISIONS RELATED TO THE RESIDENTIAL DEVELOPMENT STANDARDS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 90-08-203 by title only. Motion: Approve Ordinance No. 90-08-203 as read Moved by Borno, seconded by Fletcher. Commissioner Borno pointed out that this ordinance only applies to the core city. Commissioner Woods stated she still likes her idea of giving people a choice of either the FAR or the residential design standards. Votes: Aye: 4 -Borno, Fletcher, Meserve, Parsons Nay: 1 -Woods MOTION CARRIED B. Ordinance No. 95-08-95, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEAC>=I, FLORIDA, AMENDING CHAPTER 4 ANIMALS, AND CHAPTER 12 NUISANCES, TO AMEND AND UPDATE VARIOUS ANIMAL CONTROL PROVISIONS, March 10.2008 REGULAR COMMISSION MEETING Page 5 MAKING CERTAIN ANIMAL CONDUCT NUISANCES, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 95-08-95 as read Moved by Borno, seconded by Fletcher. Commissioner Borno applauded staff for their work on this and encouraged citizens to look at this ordinance on line to better understand it. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. (Public Hearing) Request for aUse-by-Exception to allow fuel sales, limited to six fueling positions, in conjunction with the existing convenience store located at 1197 Mayport Road (southeast corner of Plaza and Mayport Road) within the CL (Commercial Limited) Zoning District Motion: Approve Use-bv-Exception to allow fuel sales, limited to six fueling positions, in conjunction with the existing convenience store located at 119? Mayport Road (southeast corner of Plaza and Mayport Road) within the CL (Commercial Limited) Zoning District, including conditions recommended by Community Development Board as follows• (1) the applicant shall provide an access management plan prepared by a traffic engineer properly certified to perform such work. Needed improvements to driveways to be used for this property shall be approved by the Director of Public Works and Public Safety Department and such improvement shall be completed prior to use of this property as requested herein; (2) Mayport Road and Plaza exits shall be restricted to right turn only: (3) a landscaped island shall be designed and installed in a location to be determined in coordination with Planning, Public Works and Public Safety Departments; (4) advertising placed on display windows shall not occupy more than a single ten square feet area of window space. Moved by Borno, Seconded by Fletcher Mayor Meserve opened the floor to the Public Hearing. No one from the audience spoke, so the Mayor closed the Public Hearing. Community Development Director Sonya Doerr explained the applicant's request for this use-by-exception, stating the Community Development Board recommended approval subject to some conditions. She stated one of the conditions is that the applicant work with the Public Works Director on an access management plan. She also stated, to improve the looks of the site, the applicant agreed to limit the amount of advertising in the windows. Ms. Doerr stated the applicant is also willing to look at some opportunities to improve the site with limited landscaping. Ms. Doerr stated, with this location being in the Commercial Limited district, they will only be allowed to have three fuel tanks. Commissioner Woods stated she could not support this Use-by- March 10, 2008 REGULAR COMMISSION MEETING Pace 6 Exception if it does not have landscape islands put in as much as possible, to create the atmosphere the City wants to provide for this part of town. The owner stated he wants to remodel the outside of the building, make a grassy area, and have a good design when he installs the gas tank island, which he believes will get more people to come to his location. Commissioner Borno read the conditions included in the recommendation from the Community Development Board, as follows: (1) the applicant shall provide an access management plan prepared by a traffic engineer properly certified to perform such work. Needed improvements to driveways to be used for this property shall be approved by the Director of Public Works and Public Safety Department and such improvement shall be completed prior to use of this property as requested herein; (2) Mayport Road and Plaza exits shall be restricted to right turn only; (3) a landscaped island shall be designed and installed in a location to be determined in coordination with Planning, Public Works and Public Safety Departments; (4) advertising placed on display windows shall not occupy more than a single ten square feet area of window space. The owner stated he agreed to those conditions. Commissioner Fletcher stated he agrees with Commission Woods regarding the landscaping, but does not see how they can add gas tanks and landscaping on a property of that size. He stated as long as they have the raised medians that guide traffic in and out of there he would be inclined to support the use-by-exception. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Request to approve a "veteran's post and veteran's support organization" to include bingo within four units of the Mayport Square shopping center located at 1487 Mayport Road within the Commercial Limited (CL) Zoning District Motion: Approve request to approve veteran's post and veteran's support organization as read. for discussion Moved by Parsons, Seconded by Borno Ms. Doerr clarified the request and explained the applicant provided additional information that bingo is a secondary fundraising activity and is only held two nights a week. Kelly Erhayel, 1649 Norton Hill Drive, owner of the property at 1487 Mayport Road, explained the Allied Veterans representative, Conrad Rowe, was not present and stated Mr. Rowe told her today at 4:30 that he planned on resigning from his position at the Post because he did not want to be the one who personally prohibited the Post from being allowed to perform their charitable functions. Ms. Erhayel reiterated the functions of the Allied Veterans organization and answered questions from the Commission. March 10 2008 REGULAR COMMISSION MEETING pa e ~ Mayor Meserve stated since the owners of the property have done a good job in upgrading this area and will now be faced with road construction and loss of business, he would vote for this request. He stated if the Commission later discovers they are a gambling hall, they will shut them down, but if they are a veteran's organization that gives their profits to charity, then God go with them. Votes: Aye: 3 - Meserve, Parsons, Woods Nay: 2 - Borno, Fletcher MOTION CARRIED Motion: Amended motion to approve request to approve veteran's cost and veteran's support organization to include bingo within four units of the Mavport care shopping center located at 1487 Mavport Road within the Commercial Limited (CL) Zoning District based on recommendations of staff report that property owner shall provide updated narking calculations including narking for all current tenants and narking required by this proposed tenant; no ak~ohoiic beverages shall be consumed, sold or served at this location; upon written request by City, apnhcant shall provide a report verifying compliance with provisions of 849.0931, Florida Statutes and as set forth therein; 'moo games shall be conducted no more than two days per ~veeh; l~rs ®f operation slinY ~ ~ later than 10:00 n.m.; and anon request by City financial results of revenues and eapeaxs concernios= the bingo operation shall be provided to the Citv Moved by Parsons, Seconded by Woods Votes: Aye: 3 -, Meserve, Parsons, Woods Nay: 2 - Borno, Fletcher MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported there was a second emergency point repair of a storm drain line in Royal Palms Subdivision costing $34,285. Mr. Hanson also reported there will be a workshop set for Tuesday, March 25 at 5:00 p.m. to discuss the Mayport Road comdor. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Asked when the flowering shrubs will be planted at the five points. City Manager Hanson stated he would like the Commission's direction and they will get it done. Commissioner Borno stated he would prefer putting in permanent plantings that provide color periodically, rather than annual flowers. • Received a call from John Goelz, the former Adult Teen Council leader, and stated the Commission has not taken any action on appointing his replacement March 10 2008 REGULAR COMMISSION MEETING Pa e 8 yet. He stated Mr. Goelz strongly recommended Timmy Johnson as his replacement and believed Timmy would be the one to keep the teens on track, challenged and organized. Commissioner Borno asked the Commission to think about this replacement and would like to get some input back from the City Manager and Timmy Johnson. • Will not be available to attend the Community Concerns meeting tomorrow night at Donner, but suggested a list be available for complaints to be written down to give staff something viable to work with. • Kudos to City Manager for the good press release on the marsh acquisition. • Asked if the Commission had seen the news release from the Florida League of Cities and stated the Mayor and he are trying to set a date, with the City Manager, to talk to them as well as the Northeast Florida Regional Council. Commissioner Parsons • Will attend the Community Concerns meeting tomorrow night. • Agrees permanent plantings should be put in and asked for approval to give staff some direction so this can get going. Commissioner Woods • Asked whether the point repair will be what would have been done during the process or is it just a temporary fix. Mr. Carper stated this will be a permanent fix. Mayor Meserve • Stated he has written a PR article for the newsletter to let citizens know what the City is planning for Mayport Road. Stated he believes this project should have a time limit put on it so it doesn't go on indefinitely. • Expressed his appreciation to the citizens who always attend the strategic planning meetings and give the Commission their thoughts. • Stated the Commission should pay a lot of attention to what is going on in Tallahassee with the Commission. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:05 pm. ATTEST: ~~`~~~/ Donna L. Bussey, CMC City Clerk John Sr~~ve, Mayor/Presiding Officer