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Draft Min - 4-28-08MINUTES REGULAR CITY COMMISSION MEETING Apri128, 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 April 14, 2008. Motion• Approve the minutes of the Regular Commission Meeting on Apri114, 2008. 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 opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. David Rouleau, 982 Ocean Blvd., stated this is the only forum he has ever seen where a negative vote is registered by saying aye and suggested using nay for negative votes. He also asked that the chair announce the results of the votes if it is not unanimous. 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 April 28 2008 REGULAR COMMISSION MEETING Page 2 DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Building Department, Utility Sales and Financial Reports for March 2008. B. Award the bid for the Document Scanning project (Bid No. 0708-OS) to Worldwide Digital USA, Inc. C. Annual Water Quality Report. Mayor Meserve read the Consent Agenda. Commissioner Woods asked that Items B and C be pulled. Motion• Approve Consent Agenda Item A as read. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Woods was concerned that all the pertinent information is still available to the public when the paper copies are destroyed once they have been scanned. She also complimented the responsible party for going forward with this procedure. Mr. Hanson stated the City has been doing this for 6-7 years but stated it is still not complete. He stated the digitized records can actually be found quicker because they are indexed. He stated former City Clerk Maureen King started the scanning procedures and City Clerk Donna Bussey has continued it. Commissioner Woods commented on the annual water quality report and asked about the $5,000 that is budgeted for printing and mailing the reports. She asked if it was possible that the reports go out with the regular water bill. Public Utilities Director Donna Kaluzniak stated that is what they are doing and although they have to pay for extra postage and the printing she believes it will be well under $5,000. Commissioner Borno stated the contract for Item B can be amended at any time and believes the sooner we can get the documents all scanned the better off we will be. Motion: Approve Consent Agenda Items B and C as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Aari128, 2008 REGULAR COMMISSION MEETING Page 3 Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-OS-204, Public Hearing and Final 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 Public Hearing and Final 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, explaining this ordinance allows people in certain areas on private property to have outside displays in front of their places of business with significant restrictions. Motion: Approve Ordinance No. 90-08-204 as read. Moved by Parsons, seconded by Borno. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno thanked staff for their hard work and due diligence on this ordinance. Votes: Aye: 5 -Borno, Meserve, Parsons, Woods Nay: 1-Fletcher MOTION CARRIED B. Ordinance No. 20-08-89, Public Hearing and Final 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. Mr. Hanson explained this is a budget amending ordinance explaining among other items it includes the two new positions for the Mayport Corridor, the coordinator and an extra police officer. Apri128 2008 REGULAR COMMISSION MEETING Paee 4 Motion• Approve Ordinance No. 20-08-89 as read. Moved by Borno, seconded by Parsons Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. (Public Hearing) Request from the 6`h 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 & April 14, 2008 meetings) Motion• Approve request with the following changes, 5 feet setback from sidewalk, nothing over 6 feet in height and change matching funds to $1,250. Moved by Parsons, Seconded by Fletcher Mayor Meserve opened the public hearing. Rodney Margol, 416tH Street, explained the move to five feet from the walkway and stated the reason they planned only for beautification on the north side was because the neighbors on the south side did not want plantings on that side. Don Ford, 338 6th Street, stated his issue is that the drawing submitted tonight was not noticed properly to the citizens of 6~' Street. George Deitchman, 332 6th Street, stated he is opposed to this project because he believes it will impede people from the view and believes the shrubs make the area less safe because people can hide in shrubs. No one else from the audience spoke so the Mayor closed the public hearing. Commissioner Fletcher asked for clarification about the public notice requirements. Mr. Hanson stated all beach access improvements require a two week notice and that a public hearing be held. He stated the sign was out previously and the date was changed after the last Commission meeting. He stated this new drawing was presented to the City last Thursday, after the agenda packets were delivered. He stated what is put on the website is what is in the agenda packet. City Attorney Jensen stated there is no requirement that what is going to be at a meeting be part of the public notice, the public notice is for the date, time and place of the hearing. Commissioner Fletcher also asked for clarification regarding "taking of property". He asked if the space and distance from the walkway and the right of way is consistent with what has been done at other accesses. Mr. Hanson stated some other accesses are Aari128, 2008 REGULAR COMMISSION MEETING Page 5 even closer than this, making people feel like they are walking through a tunnel, but those were landscaped before the current policy. Commissioner Borno asked Mr. Mazgol why he wants landscaping at this time. Mr. Margol explained they believe it will actually make the property look better and also to act as a barrier for the public access to his property. Commissioner Parsons stated he has spoken to several people who live on 6~' Street and they were well aware of the project. He stated they were concerned about it and did not like the height issues. He stated he would vote for it with the 5 ft. setback, nothing over 6 ft. and decreasing the matching funds to $1,250. Commissioner Woods stated she does not agree with the 6 ft. height of the plantings and proposed an amended motion. Amended Motion: Approve request amending setback to 10 ft from sidewalk and limiting height of landscaping to 4 feet. Moved by Woods, seconded by Borno. Commissioner Parsons stated on Mr. Mazgol's property he can do as he wishes and believes if he doesn't get the privacy he wants from the Commission, he will put in taller trees and bushes and then the neighbors will lose a lot more than is suggested in this proposal. Commissioner Fletcher stated if the landscaping is moved north, then you would have complaints from the neighbors saying their view is blocked. Mayor Meserve stated he will vote against this until there is a design that has the consensus of the neighborhood. Commissioner Borno suggested that the landscaping be swept toward Mr. Mazgol's property rather than the walkway to be more of a defining property line. Mr. Mazgol stated if this is not approved he will landscape his property line as he sees fit. Mayor Meserve called for a vote on the amended motion. Votes: Aye: 1 -Woods Nay: 4 -Borno, Fletcher, Meserve, Parsons MOTION FAILED Mayor Meserve then called for a vote on the original motion. Apri128 2008 REGULAR COMMISSION MEETING Pace 6 Votes: Aye: 2 -Parsons, Fletcher Nay: 3 - Borno, Woods, Meserve MOTION FAILED B. Discussion on Location of Statue (Mayor Pro Tem Borno) (Note: Drawings of the 5-points location were provided by Commissioner Parsons) Commissioner Borno introduced Tracie Parsons, President of the Beautification Committee, to give the history of the statue and selection process for the location. Tracie Parsons, 1970 Mipaula Ct., explained the history of the selection process for the location of the bronze statue and the final decision to place it in the five way stop area. Commissioner Parsons showed the actual maquette of the statue (In Search of Atlantis) and explained this is a one of a kind sculpture and the mold will be destroyed when it is finished. Ms. Parsons further stated there will also be a plaque describing the type of turtle, the environment it lives in, and the protection Atlantic Beach provides for these turtles. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported there are two change orders for Hopkins Creek stormwater project, one for disposal of garbage buried on the site ($14,409.90) and one to reroute the line across Aquatic Drive that connects the two ponds to the ditch that runs into Hopkins Creek and then out into the Intracoastal Waterway ($22,336). He further stated we will receive half of these amounts back from the grants we have received from the State. He also reported the latest alcohol deployment cited three stores selling to minors, Kangaroo, ABC Package Store and Hanna Park Food Mart. In connection with the Mayport Corridor project, Mr. Hanson reported, there are several events coming up in the community. He stated one is called "Talking Trash", a clean-up at Donner Center on May 17 from 7:45 -10:45 am. He stated the City will be providing trash bags and Timmy Johnson's group will be providing hot dogs for the participants. He stated there were also a series of basketball clinics, which the City hopes will lead to the creation of a basketball league, the last of which will be held on May 17 at Veterans Park. He also stated flag football is ongoing and will continue through May 24 at Donner Park and announced there will be a community fish fry at Donner Park on May 10. Apri128 2008 REGULAR COMMISSION MEETING Pace 7 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Mayor Meserve • Reported the meeting with Mayor Peyton, John Rutherford, Captain Bowman, Nancy Broner and Dale Hatfield will be tomorrow and he will report back after that. • Suggested temporarily lowering speed limit to 35 during the construction year. City Clerk Bussey • Noted a correction on the agenda where the minutes were listed as March 14 rather than April 14. She stated the motion was made to approve March 14 minutes but will change date to April 14 to match the correct date of the minutes in the agenda packet. • Will be on vacation from May 2 to May 9. Commissioner Borno • Stated he, the mayor, and city manager had a good trip to Tallahassee and believes they made a good dent. Commissioner Parsons • Thanked the Commission for allowing the artwork to be placed in the five-way stop area. Commissioner Woods • Asked if the City could send letter to businesses selling alcohol to minors. • Brought some information regarding the ICLEI organization, so they can become more familiaz with its goals and objectives. She stated they aze in the forefront of helping cities assess what efforts best suit their resources, needs and capabilities for becoming more green. She wants to present a request for membership to this organization in the future. • Will attend the May 22 informational session held by JEA on "The Hidden Economics of Green: Energy, Affordability and the Impact of Environmental Policy" and invited other commissioners to join her. • The lighting analysis for Mayport corridor has been completed and she and Chief Thompson met with Jason Miller, coordinator with JEA. They will meet again to discuss the approach and costs involved and will report back at the next meeting. • Next Community Cares meeting is Tuesday, May 6. She asked the City to supply some funds to help them promote their organization through distribution of flyers and getting information to the people in the Mayport Corridor. She stated in addition to their "Talking Trash" event, they aze planning a fun run tour of the parks throughout the Mayport Corridor. • Wants to discuss a community safety boazd for the City. Apri128 2008 REGULAR COMMISSION MEETING Page 8 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:15 pm. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk