Draft Min 7-13-09MINUTES
REGULAR CITY COMMISSION MEETING
July 13, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance
Call to Order/Pledge
Approval of Minutes
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 L. Bartle
Recording Secretary Nancy E. Bailey
Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission Meeting of June 22,
2009.
Motion: Aaprove the minutes of the Regular Commission Meeting of Jnne 22,
2009, as written.
Moved by Parsons, Seconded by Fletcher
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.
Jonathan Daugherty, 830 Hibiscus St., addressed the Commission regarding the
regulations in Ordinance 90-09-208. He stated, while he would love to take the
Ordinance over to his neighbor's house and enforce it, he is opposed to the spirit of the
Ordinance and believes it would be hard to enforce, due to its subjectivity. He
questioned whether it is the job of the government to do this, stating we don't live in a
gated community, nor under a housing covenant. He believes it is not the
government's right to enforce these types of regulations.
Dee Reiter, 1798 Selva Marina Drive, addressed the Commission regarding the
suggested median changes on Selva Marina Drive, stating she has never had a problem
walking through there in 24 years. She does not believe there is a great enough
problem to warrant the proposed changes and does not believe it is necessary. She did
state there is some poison ivy that she would not mind having sprayed every now and
then.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
Julv 13.2009 REGULAR COMMISSION MEETING Page 2
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 Monthly Building Department Report for June
2009 and Local Business Tax Receipts issued in June 2009. (City
Manager)
B. Extend the contract for mosquito control with Bluewater Environmental
of Florida, Inc. (Bid No. 0708-13), for one year at the current cost,
which is budgeted at $7,500 per year. (City Manager)
C. Extend the contract with UniFirst Corporation for uniform rental and
cleaning (Bid No. 0607-11) for one year at the current cost, which is
estimated at $9,500. (City Manager)
D. Extend the contract with Sheza General Contractors, Inc. for concrete
repairs (Bid No. 0708-14) for one year at the current cost. (City
Manager)
E. Extend the contract with Industrial Equipment Service and Repair, Inc.
for Electrical Motor and Pump Repairs (Bid No. 0607-12) for one year
at the current cost. (City Manager)
F. Extend the contract with Miracle Janitorial Services Inc. for janitorial
services for City facilities (Bid No. 0607-10) for one year at the current
cost. (City Manager)
Mayor Meserve read the Consent Agenda.
Motion: Auurove Consent Agenda Items A. B, C, D, E and F as read.
Moved by Parsons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions b. Action on Resolutions
None.
July 13, 20(19 REGULAR COMMISSION MEETING Page 3
Action on Ordinances 7. Action on Ordinances
A. ORDINANCE N0.90-09-208 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT
REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-01-172,
INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS
ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 7,
SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY
STRUCTURES (EXHIBIT A) AND SECTION 24-157, ALLOWABLE HEIGHT OF
FENCES AND WALLS (EXHIBIT B) AND ALSO ADDING NEW SECTION 24-
173, NEIGHBORHOOD PRESERVATION, RESIDENTIAL PROPERTY
MAINTENANCE AND UPKEEP STANDARDS (EXHIBIT C) AND PROVIDING
FOR RECORDATION AND AN EFFECTIVE DATE.
Mayor Meserve read Ordinance No. 90-09-208 by title only.
Motion: Approve Ordinance No. 90-09-208, as read.
Moved by Borno, Seconded by Parsons
Community Development Director Sonya Doerr summarized the proposed changes/
updates in the Exhibits and presented several slides showing examples of homes
needing paint/repairs. She answered several questions and addressed concerns from
the Commission. Mayor Meserve stated they need to solve any concerns before having
this Ordinance brought back for a second reading. Commissioner Fletcher stated he
does not recall coming to the consensus in Strategic Planning that chain link fences are
"discouraged" and has a problem with this Ordinance in that there is too much of what
we "prefer" in it. He further stated he believes we have gone too far with this
Ordinance in regulating the appearance of the exterior of a house and stated he could
not support this with any reference to the structures as in Exhibit C (3). Mayor
Meserve stated all cities have a right to make some regulations as far as aesthetics and
what they are trying to do here is get some regulations so Code Enforcement can tell
people they need to fix things if they are broken or falling down, but agreed telling
people they need to paint should be deleted. After further discussion, it was the
consensus of the Commission to defer this Ordinance so staff could make changes.
Mofion: Defer Ordinance No. 90-09-20$ until sceond meeting in August
Moved by Borno, Seconded by Fletcher
Mayor Meserve asked the Commission to give their input to staff for the
changes.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
July 13, 2009 REGULAR COMMISSION MEETING Page 4
B. ORDINANCE NO. 20-09-98 -Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2008 AND ENDING SEPTEMBER 30, 2009
Mayor Meserve read Ordinance No. 20-09-98 by title only
City Manager Hanson explained the items included in the budget amendment and
further recommended adding $270,000 for the Royal Palms project. He stated the bids
were opened last week and we are in budget. He stated they had anticipated using next
year's resurfacing funds to be able to not just patch the streets where they will be doing
work but rather resurface the entire street. He stated since they don't have next year's
budget adopted yet, to be able to award a contract, they will need to appropriate out of
the fund balance for the stormwater fund that amount of money which would equal
next year's resurfacing budget. He explained, after the new budget is approved in
October, a check will be cut from the gas tax fund, where they normally fund the
resurfacing, to pay the stormwater fund back the $270,000.
Motion: Aaprove Ordinance No. 20-09-98, as read, with the addition of a
$270,000 temporary transfer from the stormwater fund.
Moved by Parsons, Seconded by Borno
Commissioner Borno stated he believed it was a good suggestion to transfer the
$270,000 to keep this moving with two readings. Commissioner Parsons stated he was
concerned about borrowing from the gas tax money and was nervous about what
would happen next year. Mr. Hanson stated we planned on using that money from
next yeaz's resurfacing funds to get the rest of this done, but they didn't think about
next yeaz's budget not being available right now when we are opening bids. He stated
if we aze going to award a contract for the whole project there needs to be a budget
allocated for it. He stated the total job will be approximately $3.2 million.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Public Hearing to consider a request for a Waiver from the Land
Development Regulations to permit certain business activities out-of--doors and
to allow overhead work doors to remain open in the Commercial General
Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza.
Mayor Meserve read the request for waiver.
Ms. Doerr explained the request for waiver, stating the company must have their doors
open in order to operate their business because their process generates a lot of heat
within the building.
Julv 13.2009 REGULAR COMMISSION MEETING Page 5
Motion: Approve request for a Waiver from the Land Development Regulations
as stated in staff report. upon finding that the requirements of Section 24-46 (d)
are demonstrated. ~ ~ ~~
Moved by Borno, Seconded by Fletcher
Mayor Meserve opened the Public Hearing.
Susan Evans, 179$ Hammock Circle -Jacksonville, co-owner of the company
requesting the waiver, presented her case before the Commission stating there is no
way they can operate their business without having the doors open.
Monica and Joe Marrara, 62 West 13t° Street, explained they live in the house
directly diagonal to this business and their issue is with the back of the building, stating
they can't even sit in their backyard because of the noise and dust from the
sandblasting that is done outside of the building in the back. They stated this is going
on seven days a week and requested the Commission do something about this.
Jonathan Daugherty, 830 Hibiscus Street, agreed with the business owner that other
businesses up and down Mayport Road are operating with their doors open, but stated
he does not support her statement that she should be allowed to do this because
everyone else is doing it. He stated he does not believe storing racks outside a business
right next to pedestrian use is a good idea.
Brenda 5cruggs,12939 Winthrop Cove Drive, stated she is one of the owners of the
building and spoke in favor of the business owners stating before they purchased
Atlantic Powder Coating there were a lot of problems and the actual sandblasting was
being done in a temporary trailer behind the building. She stated they now have built
another building to address this issue so now the sandblasting is done in an enclosed
structure. She stated these owners have a neat and tidy shop with nothing left outside
when they shut down for the day.
Susan Evans, 1798 Hammock Circle, further explained they also have another
building, inside the building Ms. Scruggs referred to, with walls that are 8 inches thick,
where the sanding is done. She stated there is no way they are getting any kind of dust
cloud from there. She explained several statements that have been made are
inaccurate.
Monica Marrara, 62 West 13th Street, stated the waiver is to allow the business
owners to keep their doors open, which they already do in the back, and this is what is
creating the whole problem.
Harold Matthews, 57 W. Plaza, co-owner of the company seeking the waiver,
explained the dust the Marraras were seeing was from the cleaning they were doing in
the building, not from sandblasting. He stated the back doors are now shut when they
are sandblasting, and they are only asking for a waiver for the front doors.
Mayor Meserve asked that Mr. Matthews confirm that during business operations the
back doors would be shut. Mr. Matthews stated that was correct, they are only asking
for a variance for the front doors to be open.
July 13.2009 REGULAR COMMISSION MEETING Paae 6
No one else from the audience spoke, so Mayor Meserve closed the Public Hearing.
Commissioner Boma asked several questions for clarification and Mr. Matthews
responded to these questions including whether the exhaust system exhausts toward the
residences. Mr. Matthews stated the exhaust goes into a filter system.
Commissioner Fletcher stated he believes a light industrial zoning is not compatible
with neighboring residential zoning and the impact on adjacent properties should be
considered.
Commissioner Parsons stated, as this waiver is now written, he does not believe he can
support it.
Commissioner Borno stated he believes the owners are making their best effort to do a
good business and not be harsh on their surrounding residents and would approve the
waiver fora 90-day probation period to see if their operation is consistent with the
waiver to leave the front door open.
Commissioner Woods stated she too is bothered by the incompatible uses between the
residential and the light industrial which is the reason why you have your separations
between uses.
Mayor Meserve stated he believes the owners should be allowed the waiver on a trial
basis to see if the problems of dust escape, etc. can be solved.
City Attorney Alan Jensen stated the waiver can be approved for a limited time to see
if it works.
Discussion ensued and it was the consensus of the Commission to allow a waiver on a
trial period of 90 days.
Amended Motion: Approve request for a Waiver from the Land Development
Resulations as stated in staff resort, upon finding that the requirements of
Section 24-46 (d) are demonstrated. with the following conditions: waiver to be
for a 90-dav probationary period, back doors to remain closed at all times when
machinery is in operation. and normal business hours will be limited to Monday -
Friday from 8:00 a.m. - 5:00 p•m•
Moved by Borno, Seconded by Parsons
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Improvements for Pedestrian Safety on Selva Marina Drive
Rick Carper stated this item originated from a request by Commissioner Parsons who
was looking for ways to improve pedestrian safety on Selva Marina Drive. He showed
Julv 13, 2009 REGULAR COMMISSION MEETING Page 7
slides of the lighting in this area and explained the three options proposed to improve
the safety of the street. He stated, according to Chief Classey, there have been no
reports of pedestrian accidents in this area and staff recommendation would be to do
nothing at this time. After further discussion, it was the consensus of the Commission
to do nothing at this time.
C. Proposed Dog Park
Mr. Hanson stated Rick Carper will give an interim report so the public would be made
aware of where the planning is on this. He stated there have been some coordination
elements with outside agencies that will take a little bit longer to come to some
conclusions.
Mr. Carper showed a slide of the proposed area for the dog park and gave a status
update on the proposed dog park. He reported one of the first issues with this proposal
for the dog park is that the City does not own the majority of the property. He further
explained FDOT has concern about turning this into a dog park due to fecal chloroform
getting into the pond and marsh. He stated there is currently no TMDL for fecal
chloroform in the Intracoastal Waterway. He stated the dog park supporters have said
they will be very avid and detail-oriented about cleaning up. He stated they are testing
the pond water and will have the results of that sample this week. He stated there are
no funds budgeted for this in the City's operating budget. He further stated there was a
fund raiser held last Friday and over $2,000 was raised. Mr. Carper stated, both from a
personal and professional point of view, he believes the dog park is a good idea.
Commissioner Borno asked if there were any other pieces of City-owned land that
would be able to handle a dog park without getting into a lake problem. Mr. Carper
stated the area north of Jordan Park could be a possibility, with a lot of land clearing.
He further stated Hopkins Creek Pond could also be used as a dog park and it is
already fenced in, but it does have a lake. Mr. Hanson explained one of the reasons
staff chose the Tideviews location was because there weren't a lot of houses next to it
and they were trying to bring a project to the Commission that would not generate a lot
of public complaints.
D. Proposed median changes on Atlantic Blvd.
Mr. Carper showed a slide of the median and explained the proposed changes
for the turning lane and median at the new location of the Publix Shopping
Center on Atlantic Bivd.
E. Settlement Agreement and Back Pay Award
Mr. Hanson asked that this item be deferred until the next meeting due to a fmal
wording change that needs to be worked out.
.lulu 13, 2009 REGULAR COMMISSION MEETING Page 8
F. Changes to Employee Health Insurance
Mr. Hanson praised Human Resources Director George Foster for his work on getting
quotes and finding a lower price from another insurance carrier, when we realized the
price for the existing insurance was going to go up.
Mr. Foster stated there was a projected 25.5% rate increase on our health insurance,
which would have added $175,000 to the upcoming budget. After requesting proposals
from other insurance carriers and reviewing the proposals received, he stated staff
recommends Cigna be selected as the new insurance carrier effective October 1, 2009,
He explained the proposed changes to the employee health insurance should Cigna be
selected. He then answered questions from the Commission.
M__otion: Aoarove Changing the City's Health Insurance from Aetna to Cigna
effective 10/01!09.
Moved by Borno, Seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mr. Foster further explained there was along-term objective to decrease the City's
share of the premiums paid and increase the cost of dependent coverage for the
employees but staff is requesting the Commission freeze that at the current rate because
the City does not anticipate any pay adjustments for the employees next year. Mayor
Meserve stated that would be part of the budget process. Mr. Foster explained, by law,
there has to be an open enrollment 30 days before October 1. Mayor Meserve directed
staff to go with the above recommendation for this upcoming enrollment period.
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson summarized his staff report regarding the study to consolidate wastewater
with Neptune Beach stating the City of Neptune Beach has decided to upgrade their
wastewater plant to meet the new TMDL standards rather than sending their
wastewater to Atlantic Beach.
He further reported on the previous issue of cars parked on the right-of--ways, stating
staff did a survey of the number of cars parked on right-of--ways, which was attached
to his staff report, but no action was required at this time.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Upcoming Budget
Mayor Meserve discussed the upcoming budget meetings expressing his concern for
the City's budget over the next few years. He stated there will be some very hard
July 13, 2009 REGULAR COMMISSION MEETING Page 9
decisions that will need to be made and stated the Commission needs to be prepared.
He urged the Commissioners to be prepared for the budget meetings.
Commissioner Woods
Stated it was great to be back in the warm weather.
Commissioner Parsons
• Stated the Atlantic Beach Public Arts Commission's raffle for the scooter is
going fairly good. He stated they will get a permit to hold a raffle in front of
the statue this Saturday. He further suggested the "ditch" photo on the
website's agenda documents page be removed and replaced with a photo of "In
Search of Atlantis". He also reported they have sold a couple more maquettes.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:08
p.m.
ATTEST:
John S. Meserve, Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk