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Draft Min 12-08-08MINUTES REGULAR CITY COMMISSION MEETING December 8, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve City Attorney Alan C. Jensen Mayor Pro Tem Mike Borno City Manager Jim Hanson Commissioner John L. Fletcher City Clerk Donna L. Bartle Commissioner Paul Parsons Commissioner Cazolyn Woods 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. Mayor Meserve welcomed Councilman Art Graham, who was in the audience. He further stated he will move Item SB to right after the Courtesy of the Floor to Visitors. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of November 24, 2048. Motion: Anarove the minutes of the Regular Commission Meeting of November 24, 2008, as written. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 4 - 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. Maureen Shaughnessy, 361 Main St., addressed the Commission regazding the sidewalks stating she would like to keep the original 2002 bike path plan recommendation that would limit it from Levy Rd. to Dutton Island Rd. She also addressed the chain link fences, stating she believes each waiver should be looked at individually and believes there is nothing wrong with the fences plus it will be an undue burden to those businessmen to change them. Marilyn Arniella, 272 Main Street, stated she does not believe the sidewalks are a good idea. She stated there are already a drain and large electrical box in front of her house and a sidewalk would take away their whole front yazd. Julio Dealmeida, 272 Main Street, spoke in opposition to the sidewalks, stating he already has no front Yazd and a very small driveway. He stated if a sidewalk is put in, he won't even be able to pazk his car. December 8.2008 REGULAR COMMLSSION MEETING Pase 2 Karen Fredemann, 662 Main Street, spoke in opposition to the sidewalk citing increased crime, parking and safety issues, and tax increases as her reasons. Mark Aley, 240 Main Street, stated he appreciates the Commission thinking of them by putting sidewalks in but stated they don't want or need one. Jack Murphy, 1126 Main Street, stated he and his wife are not opposed to the sidewalk but they do not believe there is enough room in the yards there. He further stated if this causes an increase in taxes, then he is opposed. He also stated that pazking cars on the east side of the road makes absolutely no sense. Helen Parker, 660 Main Street, stated she hoped the bike path is a dead deal and would only address the sidewalks. She asked what will happen to the sprinkler systems, sod, mailboxes, etc. and who will pay to repair/replace them. George Hromco, 376 Main Street, stated he does not support the project and addressed the cost of the sidewalks stating he hopes they can find a better project to spend the money on. Sandra Doaner, 1276 Main St., suggested an alternate idea for the sidewalk that she believes will not take up as much yard. She further stated parking away from your home will be a problem as faz as crime. Maggie Gensel, 200 Main Street, stated she is not against the four foot sidewalk, but is against the eight foot bike path. Ands Smail, 288 Main Street, spoke in opposition to the sidewalk because of the parking situation. John Murr, 61 West Second St., agreed the parking situation will be bad if the sidewalks are built. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Miscellaneous 8. Miscellaneous Business Business (8B taken out of sequence) B. Bid for the Main Street Sidewalk Project (from West ls` to Levy Road) Rick Carper responded to Mr. Hromco's comment rgazding the bid analysis stating he had made an error in what he submitted to the City Manager for inclusion. He stated he took the original bid sheet and modified it to reflect the quantities of concrete required for the eight foot sidewalk and printed the wrong page. Regarding the comments about a tax increase, Mr. Carper further stated, since all construction would be in the City Right-of--Way with no impact on private property, there would be no impact on the tax valuation of their property. Mr. Carper also stated if a sidewalk were to be constructed at the curb, as suggested by Ms. Doaner, the standard practice is to put in a wider sidewalk (i.e., 6 foot sidewalk) which provides more separation for the pedestrians from the traffic. He stated Main Street is one of the wider streets in the City at 24 feet December 8, 2008 REGULAR COMMISSION MEETING Page 3 wide and there are many streets in the City where on street pazking is allowed that aze narrower. Mayor Meserve stated, since this project is going to make most of the people mad, he suggested not spending the money and forget this project for the foreseeable future. Motion: Cancel the whole aroiect and do not bid it out Moved by Fletcher, seconded by Borno. Commissioner Parsons reiterated this project would not affect taxes whatsoever and stated he agreed there should not be a sidewalk, especially an eight foot sidewalk, but was concerned about making it safer for the children at the bus stops and asked staff to come back with something that would make this safer. He also stated he was concerned about the lighting on Main Street and suggested contacting JEA regazding upgrading the lighting. Commissioner Borno agreed the look of the street would be totally destroyed if they put a sidewalk in and believes the project should be cancelled, not postponed. He stated although the City can try to keep traffic under control on Main Street, as far as the older children playing in the street, it is a matter of self responsibility and teenagers must realize they are not bigger than a car is. He believes the parking issue should be brought back to the Commission to see if the people really want it or not. Commissioner Fletcher stated after parking at Mrs. Pazker's home he realizes the impact it will have on that side of the road and is happy to see the consensus is building that it is not the right thing to do. Mayor Meserve reiterated the consensus was to not do this project and if it ever came back up again it would have to go through the entire process again. He further stated it will not be bid out in any form. He also stated changing street pazking is a side issue that they will not address. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Unfmisbed Business 3. Unfmished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report. City Manager Hanson stated the City received an award for the Animal Control Division and asked Assistant City Manager Thompson to explain. Assistant City Manager Thompson recognized the City's two animal control officers, Cliff Freycinet and Kelly Caton, stating they recently attended the Florida Animal Control Association Conference where it was announced that Atlantic Beach Animal Control was named the 2008 Outstanding Agency of the Yeaz by the Florida Animal Control Association. December 8.2008 REGULAR COMMISSION MEETING Page 4 Mr. Hanson stated since receiving estimates of revenue from the State last August, they have issued new estimates. He stated for Atlantic Beach, the following reductions should be expected for the current yeaz's budget: Municipal Revenue Sharing and the General Half-cent Sales Tax, both in the General Fund, reduction of $82,360; Better Jacksonville Plan Sales Tax reduction in revenues received by $25,475; Bed Tax Fund will be $9,000 below budget; Gas Tax fund will be reduced by $34,000. The total of all reductions is $151,000, which means the City will receive $151,000 less this year than what is in the budget. He stated the prudent thing to do is to reduce or delay expenditures by this amount. He stated cancelling the Main St sidewalk project will save a good piece of that money and he will look through the budget for other options and will make a report in January on what else can be cut back to stay in line this year. 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 Reports for September and October, Public Works and Utility Departments Project Status Report and List of Business Tax Receipts for November 2008. B. Declare the attached list of property as surplus. C. Awazd the annual contract for Polymer for Wastewater Treatment Plants (Bid No. 0809-04 to Ciba Specialty Chemicals at the bid price of $1.45 per pound) and authorize staff to purchase a minimum of 3 barrels of polymer from LeahChem to keep on site if plant problems arise due to use of new polymer. Mayor Meserve read the Consent Agenda. Commissioner Parsons asked that Item B be pulled. Motion:. Aparove Consent Agenda Items A and C as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -- Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Parsons stated although the lifeguard truck only has 18,000+ miles, he wanted to explain that it is probably eaten up with salt and didn't want the City to sell it without letting the buyer know where it has been and how it was used. Mr. Hanson explained he drives or looks at closely every vehicle that gets replaced before it makes it to the budget recommendation. He stated there have been a lot of problems with lifeguard trucks being rusted out. He stated the difference is those trucks are bought December 8. X008 REGULAR COMMISSION MEETING Page 5 with a special fund that uses City of Jacksonville money. He stated all of the rest of the vehicles, i.e. animal control trucks, that go on the beach aze used on the street for 2 or 3 years and then transferred to beach use because whether a new vehicle or used the vehicle will get rusted out on the undercarriage, front suspension, etc. Motion: Approve Consent Asenda Items B as read. Moved by Parsons, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve asked if we disclose the life guazd truck is probably rusted out because of its use on the beach. Mr. Hanson stated they are usually sold with the auction of Jacksonville Beach. He stated he does not know if the history of the lifeguazd trucks is disclosed. Mr. Carper stated in the past they have disclosed issues with a dump truck that had rear end problems to the auctioneer. Commissioner Fletcher stated he believes it is a very ethical practice to disclose unknown issues but asked if there is a legal obligation. Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-09-98, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REPEALING CHAPTER 23, ENTITLED "VEGETATION" OF THE CODE OF ORDINANCES IN ITS ENTIRETY, AND REPLACING IT WITH NEW CHAPTER 23, TO BE ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" ESTABLISHING PURPOSE AND INTENT, SPECIFIC PROVISIONS AS SET FORTH WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF THIS ORDINANCE; PROVIDING LEGISLATIVE FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 45-04-98 by title only. Motion: Approve Ordinance No. 95-09-98 as read. Moved by Borno, seconded by Woods. Commissioner Fletcher expressed his concerns regarding the definition of clear cutting. Ms. Doerr stated cleaz cutting was removed from the ordinance. Commissioner Fletcher stated on page 14, it stated "it shall be unlawful to cleaz any lot, pazcel or lands December 8.2008 REGULAR COMMISSION MEETII~TG Page 6 such that the land is denuded of regulated trees and regulated vegetation ..." and suggested rewording it to state, "it shall be unlawful to cleaz cut any lot, parcel or lands such that the land is denuded of a substantial portion of the regulated trees and regulated vegetation ... ". A discussion ensued as to how one determines what is substantial and that substantial is too vague. There was further discussion regarding the definition and regulations of denuding a lot. Commissioner Fletcher stated he wanted to ensure that their understanding is correct that the clear cutting provision is gone. Ms. Doerr stated initially there was a provision included to prohibit the wanton clearing of trees, when there was nothing planned for the lot. Commissioner Fletcher stated he just wanted to ensure that we are not over regulating. Commissioner Fletcher clarified that in 23.21 subchapter E, if you are not within the 12 month window of construction, this paragraph is of no concern to anyone. Mayor Meserve stated that is true. Commissioner Borno stated the reason they are putting in an ordinance is for the minority of the citizens who want to thumb their nose at regulations. Commissioner Fletcher stated his concern is that they write an ordinance for that small fraction and it gets inadvertently enlazged upon and casts a net that is very wide and catches people who really don't belong being caught in that net. He stated as long as there is no longer a clear cutting provision he has no issue with the ordinance. Commissioner Woods stated on page 14, F1, the administrator discretion to send an application to the Tree Board was struck through and asked for explanation. Ms. Doerr stated this was done at Commissioner Fletcher's request. Commissioner Fletcher explained the intent there was that there were some specifically prescribed circumstances that would trigger a referral from the administrator to the Tree Board, i.e. the person wanted to mitigate with less than 50% of the tree replacement and just wanted to pay the fine, which is when it will go to the Tree Boazd. Commissioner Woods stated she still believes that could be left in and it would not weaken the ordinance or make it any more cumbersome because you never know what else is going to come up. Ms. Doerr stated she is not concerned about striking it because there is still a chain of command, and if there is a really unusual situation they don't feel comfortable with they would go to the City Manager for further review. Commissioner Woods stated she would vote that it stay in, for the protection of the staff. Commissioner Woods further asked for explanation of the chart on page 21 regazding heritage property. Ms. Hall explained how it should be read, stating it refers to heritage trees. Commissioner Borno asked Ms. Hall to explain the application of fees. With the use of slides of aerial photos, Ms. Hall explained how they determine how to apply the fee to the lot. Commissioner Fletcher asked how often the aerials of the tree canopies are updated. Ms. Hall stated they are updated every two years. Mr. Hanson stated one change in this ordinance specifies we would use aerial photography to determine exactly what area was clear cut versus applying it to the entire lot. December & 2008 REGULAR COMMLSSION MEETING Page 7 Commissioner Borno stated he wants to raise the current fine from $5 to $10 on paragraph 23.51(3) on page 28. Motion: Change fine from $5 to $10 Moved by Borno, Seconded by Parsons Commissioner Parsons stated he agrees with Commissioner Borno that the fee be raised from $5 to $10. Mayor Meserve stated he believes that $10 is excessive and believes the Ordinance should remain $5. Commissioner Fletcher agreed that $5 is fair. Votes: Aye: 2 - Borno, Parsons Nay: 3 -Fletcher, Meserve, Woods MOTION FAILED Mayor Meserve asked for a vote on the original motion. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Ms. Doerr expressed her appreciation to Ms. Hall, stating she had put in untold hours of research into this ordinance. Commissioner Fletcher agreed that Ms. Hall has done a great job. Mayor Meserve cautioned the Commissioners that they need to maintain the procedure of one person speaking at a time and if they have an issue such as changing language, etc., to make it in the form of an amendment to the motion. B. Ordinance 31-09-07, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AN AMENDMENT TO THE 2015 COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE 31-04-04, AND AS AMENDED; THIS AMENDMENT ADOPTING THE PUBLIC SCHOOLS FACILITIES ELEMENT AS REQUIRED BY 2005 SENATE BILL 360, WHICH IS ATTACHED HERETO AS EXHIBIT A, PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF FACT, FINDINGS OF CONSISTENCY, SEVERABILITY AND AN EFFECTIVE DATE (First reading of Ordinance 31-09-07, which will adopt the Public Schools Facilities Element as part of the 2015 Comprehensive Plan in accordance with and as required by 2005 Senate Bill 360.) December 8.2008 REGULAR COMMISSION MEETING Page 8 Mayor Meserve read Ordinance No. 31-09-07 by title only. Mayor Meserve explained, by State law, any City that has a public school within its boundaries is required to put this in their Comprehensive Plan. Motion: Approve Ordinance No. 31-09-07 as read. Moved by Fletcher, seconded by Woods. Commissioner Borno thanked staff for their work on this Ordinance. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Busutess A. Public Hearings - Requests for waivers from the Section 24-171(f) of the Land Development Regulations to allow chain-link fences to remain in the Commercial Corridors Mayor Meserve read the request for waivers and stated Ms. Doerr will explain the background of the Ordinance and City Attorney Jensen will explain the legal requirements to consider a variance and what the City's options are. Ms. Doerr briefly summarized the pmcess stating this is different than a zoning variance. She stated this is a waiver and they come directly to the Commission, who has authority on a case by case basis to authorize limited waivers from a specific provision of the land development regulations when compliance with such provision would be unreasonable, in conflict with the public interest, or a practical impossibility. She further explained the regulations as they pertain to the chain link fences. City Attorney Jensen explained the Ordinance on the books now prohibits chain link fences and the requirements to have a chain link fence other than in the required front yard or side yard. He stated in order to grant the waiver the Commission must fmd that one of three conditions exist: (1) compliance with the provision would be unreasonable, or (2) in conflict with public interest, or (3) it would be a practical impossibility. He stated if one of those three exists on a piece of property, it must be supported by a showing of good cause and there must be evidence presented that an alternative to that provision will be provided which conforms to the general intent of the Land Development Regulations. He stated, with any waiver approval, the Commission is also authorized to require certain conditions. He further stated if the Commission does not find one of those three authorizations to grant a waiver, the only thing they can work with after that is something with timing. He stated these chain link fences were grandfathered in for a limited period of time, but that time has expired so they are no longer grandfathered in. December 8.2008 REGULAR COMMISSION MEETING Page 9 Commissioner Parsons stated there have been a lot of people who have complied with the rules and asked if they are opening the City to a possible lawsuit if they grant waivers now. City Attorney Jensen stated that could be a problem. Brian D. Christy, Christy First Coast Plumbing - 1651 Mayport Road Brian Christy, 1651 Mayport Road, addressed the Commission regarding his waiver request and explained the slides showing his fence on his property. He stated safety is a big concern and the insurance company will raise their rates if they don't have a fence to protect their property. He further stated his fence sits on the required 20 foot setback from the property line. He stated he wants to keep his fence so he can keep his property protected. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Mr. Christy answered several questions from the Commission. Mr. Christy stated he doesn't know where the City of Atlantic Beach gets the right to pick the material of the fencing that any of them use on the commercial corridor. Mayor Meserve stated they aze not there to azgue the validity of the ordinance, which is a legal document. He stated the ordinance was written five years ago and is a valid ordinance of the City of Atlantic Beach and if someone wants to address whether it is a legal document or not they can challenge them in a court. City Attorney Jensen explained Mr. Christy can have a chain link fence on his property under the ordinance as it exists, it just can't be within the front 20 feet of the lot or within 10 feet on a side street. Mr. Christy stated then he is in compliance. Mr. Jensen stated if he has a chain link fence, he has to conceal it. Mr. Christy stated his fence is substantially concealed and is in compliance. Commissioner Woods asked Ms. Doerr if they have a survey of Mr. Christy's property. Mayor Meserve stated until they get the facts, they should defer the request for waiver, until they know. Mr. Jensen stated that really is not the issue here tonight and stated they must find for Mr. Christy to comply with the ordinance, it would be unreasonable, or in conflict with the public interest, or it would be a practical impossibility. He stated if the Commission does not find one of those three things, they cannot grant a waiver. He stated, if there is no waiver granted, Mr. Christy can keep his chain link fence as long as it meets all other requirements of the Ordinance, including not being within the 20 feet, or the 10 feet on the side, and being concealed. Mayor Meserve reiterated what they aze deciding on tonight is whether the applicant has shown that he meets one of the three conditions and if not a waiver is not granted, and then it would go back to Code Enforcement to see the issues of concealment and where the fence sits on the property. December 8.20(18 REGULAR COMMISSION MEETING Pace 10 After further discussion, Commissioner Woods stated she would like to make a motion to defer until they know whether the fence is in compliance regazding the property line setback. Mr. Jensen again stated you don't need to know whether the fence is within the 20 ft. or not, the question is can he comply with the ordinance or should he be entitled to a waiver because of one of the three reasons. Motion: Defer until it is determined whether fence is in comaliance. Moved by Woods Motion failed due to lack of a second. Further discussion ensued, after which it was the consensus of the Commission that Mr. Christy did not meet any of the criteria and, therefore, they must deny the waiver. Motion: Denv request for waiver for Brian D. Christy, Christy First Coast PlumbinE -1651 Mavport Road. Moved by Woods, seconded by Parsons. Votes: Aye: S - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve explained to Mr. Christy that he needs to get with staff to determine if his fence is within the setback. Mayor Meserve stated the Commission will give Mr. Christy 30 days to work with staff. Mr. Jensen clarified since the waiver has been denied it goes away from the Commission and back to Code Enforcement. He further stated if the Commission was inclined to give Mr. Christy some additional time to come into compliance, that is something they would have to give staff direction on. Commissioner Fletcher disagreed, stating he believes the Commission is doing Mr. Christy an injustice by postponing the inevitable and believes the issue needs to go back to Code Enforcement to determine whether he is in compliance and if he is not, he needs to be brought into compliance. Commissioner Woods stated she believes they need to follow the process, as they did with the Hionides property, and believes it does right by everybody involved. Mayor Meserve clarified for Mr. Christy he will have to come into compliance. 2. John G. Murr, Murr's Automotive - 980 Mayport Road John Murr, 980 Mayport Road, stated, as far as compliance with bushes or shrubs, he has done nothing because he wanted to come before the Commission to understand where he stands. He stated his original understanding was if he wanted a 6 ft. high cyclone fence he had to put it back 20 ft., but if he wanted to have a 4 ft. fence he could bring it all the way up to the property line, which is what he did. He explained he has almost $200,000 in stock in cars on his property. He explained if he doesn't have a fence enclosed lot, he cannot carry collision insurance on his vehicles only liability. Mayor Meserve stated he can December 8, 2008 REGULAR COMMISSION MEETING Page 11 have a fence, just not a chain link fence. He stated he followed his permit for the fence and did what he was told. He asked the Commission to tell him what they want him to do and he will change it, even though the fence cost him $8,500 plus. He stated he has worked hard on his property cleaning it up from the previous owner and has put $70,000 in landscaping, etc. in trying to keep it nice and it hurts him now. He stated he was not here to argue with anyone because it won't do him any good. Mayor Meserve opened the Public Hearing. Sally Clemens, 1638 Park Terrace West, stated she is upset for these poor, honest people who really have developed Mayport Road. She believes something needs to be done to this ordinance. She further stated this is also why she was concerned about a written tree ordinance. She stated there is language in some of this ordinance that really needs to be looked into, especially by people who own businesses. She believes the business owners are the ones who should be looking over the shoulders of those writing the ordinances, because the City is running some businesses out and these people are our bread and butter here on Mayport Road. She stated these are good people who are trying to develop the road and asked why the ordinance can't be changed to help these people. Dorothy Kerber, 365 First Street, stated she has seen ordinances passed in this City and did watch when this one was being put together. She stated the optical company, that was next to Monahan's Jewelry, tried to make their signage comply with what some of the former commissioners thought it should be and believes this drove those people into considerable unnecessary expense because of the type sign the ordinance said they should have. She stated this is what the City is also doing now to these people. She stated she has used Mr. Murr's services in the past and believes he is fair and is trying to run a decent business and has been very considerate with many people who did not have a lot of money by trying to help them get their cars back in operation. She stated she believes this ordinance is too severe the way it is now and needs to be amended. She stated she does not believe this ordinance is right and believes the people who have tried to put the additional landscaping in and are willing to do whatever should be granted waivers. George Hronco, 376 Main Street, asked what the City's plans are for the sewage pump station that has a chain link fence. Mayor Meserve stated that was not relevant to the discussion. Commissioner Woods stated although she understands this is a hardship, people need to look at the bigger picture of why the ordinance was even considered, why it got written, why it was passed, and why most people have complied with it. She stated it does, in the long run, actually help property values and reduces crime by eliminating blighting elements, which she believes the chain link fences are. December & 2008 REGULAR COMMISSION MEETING Page 12 Mayor Meserve asked Ms. Doerr, since Mr. Murr's fence was permitted at the 4 foot height but without a waiver cannot remain, can another metal fence be put up in the same location at the same height. Ms. Doerr stated yes and cited the U-Haul location as an example. No one else from the audience spoke so the Mayor closed the Public Hearing. Commissioner Fletcher reiterated there are criteria that must be met to waive the requirements of the ordinance and he did not believe the criteria was met in order to grant a waiver. Commissioner Borno further clarified that if Mr. Murr was to keep his chain link fence he would be required to move it back twenty feet and landscape it, but if he went to an alternate material, he could keep the fence at the property line. Motion: Denv request for waiver for John G Murr. Murr's Automotive - 980 Maynort Road. Moved by Parsons, seconded by Fletcher. Mayor Meserve stated the Commission's intent is not to put anybody out of business, but they are required to live within the law. They cannot wait five years and then go back and say, after ten to twelve people have paid a lot of money to comply with the ordinance, they will just change it and make it no longer effective. He stated if they are going to be that inconsistent as a governing body, they should get out of office. Votes: Aye: 5 - Borna, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED 3. Randolf O. Wilson, Wilson Trailers - 37 West 8a` Street Randy Wilson, 3~' West 8~' Street, explained his request was because his material at his business is small and mobile and without some type of fencing his trailers can easily be rolled off. He stated his fence has been modified many times throughout the years and stated he realizes something needs to be done to his fence. He stated he was waiting until he can afford to change it and to find out what actually needs to be done so everyone is happy. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Moved by Parsons, seconded by Fletcher. December 8, 2008 REGULAR COMMISSION MEETING Pate 13 Mr. Wilson stated he will get with Code Enforcement to see exactly what he has to do to modify the fence on the side street to comply with Code. The Commission agreed his fencing on the front of the property was fine. Mayor Meserve stated, as a process for those who just had their requests for waiver denied, rather than wait for a Code Enforcement meeting, he suggested they go to Sonya Doerr/Alex Sherrer who can explain what will meet the Code on their property. Votes: Aye: ~ - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED 4. Atillio Cerqueira - 660 Mayport Road Atillio Cerqueira, 660 Mayport Road, commended the Commission for what they have done on Mayport Road. He withdrew his request for waiver and asked what the intent of the Commission was with these fences when the residential properties across the street have chain link fences that have been recently permitted, including the Post Office. He further stated if they do have to take down their fences he would ask that the Commission consider waiving the permit fee. Mayor Meserve clarified this was a formal request to withdraw his waiver and stated there would be no action taken on the waiver. He agreed the Commission needs to take a look at enforcing the regulation with the U.S. Government Post Office and other azeas to remain consistent. Alex Sherrer explained the Mayport Road coordinator is currently negotiating with the Post Office to get them to do something with their fence. Commissioner Borno stated the residential chain link fences are not in the commercial zoning and do meet residential code. 5. Pouran Ashourian, American Storage -1770 Mayport Road Pouran Ashourian, 1770 Mayport Road, explained her fence sepazates U-haul and American Storage and stated she intends to change her fence in a few years when she can afford to do so and is requesting the time to do so. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Fletcher clarified there aze 751ineaz feet that need to be replaced. Motion: Deny request for waiver . Moved by Fletcher, seconded by Parsons. December 8, 2008 REGULAR COMMISSION MEETING Pace 14 Commissioner Fletcher asked Ms. Ashourian if she had a security gate on the property. She stated yes. She showed the Commission pictures of her fencing which needs to be replaced along with the security gate. She stated she is not able to make the changes at this time because she is in the middle of painting her building. She stated business is very bad right now and again stated she needs a few years to replace the fence. Mayor Meserve stated the Commission needs to vote on the waiver, then an extension of time can be taken up through the code enforcement process. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED 6. Debra and Ted Jackrel, Transit Plus, Inc. - 57 West 9th Street Debra Jackrel, 58 West 9~' Street, stated the pazking lot in question is at 57 West 9th Street. She stated she doesn't agree with the fact that granting the waivers tonight should affect the people who previously took their fences down. She stated those people had the same right as the people tonight to come before the Commission to ask for the waiver. She explained she cannot cover up nor hide her property because she has a very expensive product line. She further stated she could not get insurance if she did not have the place fenced in. She stated her chain link can bazely be seen and is not run down. She stated she cannot choose another type of fence because she needs the police to be able to look into her property and even a wrought iron fence cannot be seen into from an angle. She stated telling her to hide everything that is in her property is causing her hazdship to not be able to sell her product line to the people who aze passing by on Mayport Road. She further stated she cannot hide the whole fence with shrubs because the customers and the police cannot see in. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Motion: Denv request for waiver. Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 1- Borno MOTION CARRIED (Item 8B was taken out of sequence and acted on eazlier in the meeting.) City Manager 9. City Manager A. City Manager's Report December 8, 2008 REGULAR CO~VIMISSION MEETING Page 15 Mr. Hanson announced the workshop for TMDL wastewater option has been rescheduled to December 15 at 5:00 pm. Mr. Hanson further announced Town Center Agency had submitted to Neptune Beach an application for approval to place the sculpture in the roundabout in Town Center. He stated Neptune Beach has requested a joint meeting with Atlantic Beach Commission to consider the application sometime in February. He will confirm the date with the Commission when it is set. The majority of the Commission stated they have nat seen the design proposed for the art work. Mr. Hanson stated he would distribute what he had on the design. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Appointments to Community Development Board Motion: Reaaaoint Lvnn Drysdale, Joshua Futterman and Chris Lambertson to the Community Development Board for another term Moved by Borno, seconded by Woods Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 MOTION CARRIED City Attorney Jensen • Wished everyone a happy holiday season. Commissioner Woods • Expressed it was difficult to make the decisions on the waivers tonight, stating the Commission did not take it lightly. • Wished everyone a happy holiday season. Commissioner Parsons • Stated he has received a lot of mail and phone calls regarding Mr. Branholm's tree mitigation application and believes it has gotten a lot more complicated than it appears and wants to have it brought back up at a future meeting. Mr. Hanson stated the Commission's request was to have it brought back for approval once the City Attorney gets the agreement ready for the first meeting in January. • Stated he has received several donations for the installation of the sculpture of the girl riding the turtle. Commissioner Borno • Stated he had given each Commissioner volunteer applications and asked that they work hard to solicit far applicants for the boards/committees because the number of applicants is reducing and the Cultural Arts and Recreation Advisory Committee and Tree Conservation Board will have vacancies coming up. • Thanked the City for taking action in putting up the crossing signs on Plaza. _Deeeember 8.2808 REGULAR CQMMISSION MEETING Page 16 • Thanked Mayor Meserve for talking at the legislative session with Senator King. • Wished everyone a Merry Christmas. Mayor Meserve • Stated no decision has been made about Finnegan Elementary. • Stated there may be an issue with Publix moving rather than rebuilding in the current location. • Stated local artist Bill Trotter is in very serious financial problems due to health problems and reminded all there will be a fund raiser for him at St. Paul's Catholic Church next Sunday from 2:00 - 4:00. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:26 pm. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk