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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