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Draft Min 4-14-08MINUTES REGULAR CITY COMMISSION MEETING April 14, 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 Borno 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 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`h Street, addressed the Commission regarding the 6th 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 6th 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, 416`b Street, spoke in favor of the proposed landscape project for the 6th 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 Aari114 2008 REGULAR COMMISSION MEETING Pace 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: Aaurove 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: Anarove 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: Aaarove 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 61 S Atlantic Boulevard Motion: Aaprove request for Use-bv-Exception to aermit 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 followins conditions - (1) no outside housins of animals and (2) no housing of animals overni ht 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`by-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 6~' Street Beach Access Committee for approval of plantings on public right-of--way, and matching funds of $2,500 at 6~' Street Beach Access (Deferred from March 24, 2008 meeting Mahon: Defer until next meeting, April 28.2008 Moved by Borno, Seconded by Parsons Mayor Meserve stated he has had some calls in the past from affected neighbors saying they have not been consulted but now believes that has been done. He believes it is reasonable to defer to make sure everyone is on the same page. Commissioner Borno stated the reason he wants this deferred was due to the two weeks notification for posting in accordance with the ordinance, which has not been met, and is only right to the citizens. Mr. Hanson stated he would need to re-read the policy to see whether it is required. He stated when he realized the notice was not out, he asked Mr. Carper to put a notice out last week. Commissioner Borno also stated he is. not in favor of any of the April 14.200$ 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 yeaz that was left over from the septic to sewer conversions that could be used for this. Motion: Approve rel~asina the previous allocated funds to continue the sidewalk proiects for Main Street from West 9` to Levy Road and Aquatic Drive 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 Mr. Hanson reported there has been a dramatic increase in usage of the City's website. He also reported the proposed taxpayer bill ofrights 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 Pate 7 Commissioner Woods Agreed with Commissioner Borno to reopen the discussion regazding 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 regazding Mayport Road and they aze in the process of setting the first meeting of the stakeholders. • Reminisced about Don Davis and his accomplishments and stated he will miss him. 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