04-14-08MINUTES
REGULAR CITY COMMISSION MEETING
April 14, 2008
CITY HALL, 800 SEMINOLE ROAD
Attendance
IN ATTENDANCE:
Mayor John S. Meserve
Mayor Pro Tem Mike Borno
Commissioner John L. Fletcher
Commissioner Paul Parsons
Commissioner Carolyn Woods
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna Bussey
Call to Order/Pledge
Approval of Minutes
Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission Meeting on March 24,
2008 and Special Called (Shade) Meeting on March 25, 2008.
Motion: Approve the minutes of the Regular Commission Meeting on March 24,
2008 and Special Called (Shade) Meeting on March 25, 2008, as written.
Moved by Borno, seconded by Parsons.
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.
Buddy Hooten, 172 6`6 Street, addressed the Commission regarding the 6`~' Street
Beach Access plantings, stating the residents were concerned about their views being
hindered. He stated after meeting with the organizer of the project, Rodney Margol,
they have been assured the plan will take into consideration their concerns and he is
now in favor of the beautification project.
Don Ford, 338 6'h Street, expressed his concern that the local citizens on 6`h Street
were not properly noticed regarding the 6'~ Street Beach Access beautification.
Stephen Kuti, 1132 Linkside Drive, spoke on behalf of his association regarding their
concerns over the development plans for Selva Preserve and requested the Commission
deny the project.
Rodney Margol, 41 6`h Street, spoke in favor of the proposed landscape project for the
6`h Street Beach Access.
Tom Goelz, 631 Beach Avenue, addressed the Commission regarding the 6`~' Street
Beach Access stating they were in favor of the proposal for beautifying the access.
April 14, 2008 REGULAR COMMISSION MEETING Page 2
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 March 2008.
B. Award the bid for Fuel Pumps Replacement for Public Works (Bid No. 0708-
07) to Fueling Components, Inc. in the amount of $9,521.30.
C. Authorize David E. Thompson to sign any required paperwork for the Florida
Emergency Management Grant on behalf of the Mayor and the City.
D. Approve designated streets for the Tree Planting Program.
Mayor Meserve read the Consent Agenda. Commissioner Borno asked that Item A be
pulled.
Motion: Approve Consent Agenda Items B, C and D as read.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Borno stated there was an error on Item 2, Mayport Medians. He stated
the completion date should be January 31, 2009, not 2008 (corrected copy is attached
and made part of this Official Record as Attachment A).
Motion: Approve Consent Agenda Item A, as corrected.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
April 14, 2008 REGULAR COMMISSION MEETING Page 3
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 08-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING
THE CITY OF ATLANTIC BEACH STRATEGIC PLAN DATED MARCH 2008
Motion: Approve Resolution No. 08-06, as read.
Moved by Borno, seconded by Parsons.
Mayor Meserve explained this was a strategic plan the City has worked out over a
series of meetings. He stated, in the past, the strategic plan has not been adopted by
formal resolution. He stated this resolution will formalize the process, so if it is
changed, the resolution will also have to be changed. Commissioner Borno thanked
staff for the work they have done and for bringing in such a good facilitator.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-08-204, 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 90-01-172, INCLUDING ALL SUBSEQUENT
AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY
AMENDING SECTION 24-154, DISPLAY AND SALE OF MERCHANDISE
AND BUSINESS ACTIVITIES OUTSIDE OF AN ENCLOSED BUILDING,
PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE
DATE
First reading of proposed Ordinance to allow display and sale of merchandise outside
of an enclosed Building within the Commercial General Zoning District subject to
certain conditions.
Mayor Meserve read Ordinance No. 90-08-204 by title only.
Motion: Approve Ordinance No. 90-08-204 as read.
Moved by Borno, seconded by Parsons.
Community Development Director Sonya Doerr presented the background of the
proposed ordinance and explained the Community Development Board recommends
approval of the ordinance. Commissioner Fletcher stated he does not support this
ordinance at this time because he believes this contributes to a proliferation of a
April 14, 2008 REGULAR COMMISSION MEETING Paee 4
cluttered appearance of the outdoors and adds more work for the code enforcement
personnel, who he believes are already stretched too thin. Commissioner Borno asked
whether the outside displays are limited to business hours. Ms. Doerr stated they are
limited to business hours. Ms. Doerr stated she believes this will work but if they have
any problems with it they will bring it back before the Commission. She does agree it
will require some extra code enforcement. Mayor Meserve stated he believes the City
should give the merchants on the main corridor every break they can so the merchants
can survive, particularly on Mayport Road.
Votes:
Aye: 4 -Borno, Meserve, Parsons, Woods
Nay: 1 -Fletcher
MOTION CARRIED
B. Ordinance No. 20-08-89, Introduction and First Reading
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. 20-08-89 by title only.
City Manager Jim Hanson explained this amendment includes two new positions related
to the Mayport Corridor, some accounting changes recommended by the auditors, and
some unanticipated expenses (i.e. air conditioners at City Hall that needed replacement).
Motion: Approve Ordinance No. 20-08-89 as read.
Moved by Borno, seconded by Fletcher
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 permit a Veterinary Clinic
within the Commercial General (CG) Zoning District to be constructed at 615
Atlantic Boulevard
Motion: Approve request for Use-bv-Exception to permit a Veterinary Clinic
within the Commercial General (CG) Zoning District to be constructed at 615
Atlantic Blvd.
Moved by Borno, seconded by Fletcher
Mayor Meserve opened the Public Hearing. No one from the audience spoke so the
Mayor closed the Public Hearing.
April 14 2008 REGULAR COMMISSION MEETING Page 5
Ms. Doerr explained this request was at the Community Development Board's last
meeting where they recommended approval. She stated there are two conditions
included in the staff report.
Amended Motion: Amend motion to include the following conditions - (1) no
outside housing of animals and (2) no housing of animals overnight or for more
than 24 hours except under the supervision of a veterinary doctor.
Moved by Borno, seconded by Fletcher
Commissioner Fletcher asked if the veterinarian was in agreement with these
conditions. Ms. Doerr stated they discussed the exact wording of the conditions with
Dr. Langford. Dr. Langford stated it was never his intention to house animals outside
and explained boarding is an expected service of a veterinary hospital. Mayor Meserve
stated if it reads "under the supervision of a veterinary doctor" he doesn't believe this
means the veterinarian has to be on the property, or even in town. He stated there is
another veterinary service about two blocks away that does exactly what Dr. Langford
is asking and he should have the same rules. Commissioner Fletcher agreed and stated
if it is over regulatory to have this condition they should get rid of it, because Dr.
Langford is going to comply with state law which takes care of this concern.
Commissioner Borno withdrew the second condition of the amended motion "no
housing of animals overnight or for more than 24 hours except under the supervision of
a veterinary doctor." Commissioner Fletcher seconded the withdrawal.
Amended Motion: Approve request for Use-bv-Exception to permit a Veterinary
Clinic within the Commercial General (CG) Zoning District to be constructed at
615 Atlantic Blvd. to include the following condition - no outside housing of
animals.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher Meserve, Parsons, Woods
Nay: 0 -
B. Request from the 6th Street Beach Access Committee for approval of plantings
on public right-of--way, and matching funds of $2,500 at 6th Street Beach Access
(Deferred from March 24, 2008 meeting)
Motion: Defer until next meeting, April 28, 2008
Moved by Borno, Seconded by Parsons
Mayor Meserve stated he has had some calls in the past from affected neighbors saying
they have not been consulted but now believes that has been done. He believes it is
reasonable to defer to make sure everyone is on the same page. Commissioner Borno
stated the reason he wants this deferred was due to the two weeks notification for
posting in accordance with the ordinance, which has not been met, and is only right to
the citizens. Mr. Hanson stated he would need to re-read the policy to see whether it is
required. He stated when he realized the notice was not out, he asked Mr. Carper to put
a notice out last week. Commissioner Borno also stated he is not in favor of any of the
April 14, 2008 REGULAR COMMISSION MEETING Page 6
design plans that have been submitted so far and believes there needs to be more
thought as to what type of landscaping is put in. He stated he is not against the project,
but, as submitted, he cannot support it.
Votes:
Aye: 5 -Borno, Fletcher Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Proposed Sidewalk Prioritization - FY 2008
Public Works Director Rick Carper gave a slide presentation showing the existing bike
paths/sidewalks and locations of the recommended proposed sidewalks for this fiscal
year's budget. He stated in addition to the budgeted money, there is an additional
$18,000 of CDBG money from the previous year that was left over from the septic to
sewer conversions that could be used for this.
from Atlantic Blvd. to Aquatic Garden.
Moved by Parsons, Seconded by Woods
Votes:
Aye: 5 -Borno, Fletcher Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
Drive
Mr. Hanson reported there has been a dramatic increase in usage of the City's website.
He also reported the proposed taxpayer bill of rights failed to get the majority needed to
put it on the ballot in November.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney
Commissioner Borno
• Reported the City Manager, Mayor and he will be in Tallahassee on Wednesday
to speak with the legislators.
• Stated there is misunderstanding on where the new sculpture will be located and
wants this put on the next agenda.
Commissioner Parsons
Stated when the sculpture was first brought up to the Commission the location
was decided.
April 14, 2008 REGULAR COMMISSION MEETING Paee 7
Commissioner Woods
• Agreed with Commissioner Borno to reopen the discussion regarding the
location of the sculpture.
Commissioner Fletcher
• Reported Don Davis passed away last week, stating he was a great person.
• Agreed the location of the sculpture should be revisited, but perhaps could be
decided by a process through the Art in Public Places Commission rather than
by the Commission.
Mayor Meserve
• Announced an art walk is coming up at Adele Grage Center, on Thursday April
17, 2008 from 5:00-9:00 pm.
• Stated he spoke with Mayor Peyton who said he will cooperate in any way he
can regarding Mayport Road and they are in the process of setting the first
meeting of the stakeholders.
• Reminisced about Don Davis and his accomplishments and stated he will miss
him.
Adjournment There being no further discussion, the Mayor
ATTEST:
pUJGrt~tQ, CY.
Donna L. Bussey, CMC
City Clerk
John
meeting adjourned at 7:15 pm.
Mayor/Presiding Officer
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