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04-26-04 vMINUTES REGULAR CITY COMMISSION MEETING APRIL 26, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver Julie Brandt (Substituting for Commissioner Paul B. Parsons City Clerk) Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. In lieu of an invocation, the Mayor read an excerpt from Senator John McCain's book, Why Courage Matters: The Way to a Braver Life, exemplifying the courage, strength and persistence of Mike Christian during the time he and Senator McCain spent as prisoners of war during the Viet Nam conflict. The Pledge of Allegiance to the Flag followed the reading. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of Apri112, 2004 Motion: Approve Minutes of the Regular Meeting of April 12, 2004, as presented. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Johnston Island Mayor Meserve stated that that applicant for Items 7A and B (Johnston Island) had requested that action on the ordinances be deferred to a time uncertain. Motion: Defer action on Items 7A and 7B to a time uncertain as requested by the applicant. April 26, 2004 REGULAR COMMISSION MEETING Paee 2 Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 2. Courtesy of the F-oor to Visitors Alan Potter of 374 Second Street referenced Item 7C, Ordinance No. 10- 04-22, amending Chapter 3, Alcoholic Beverages, and stated that the ordinance did not specify what "off-premise" was limited to. He thought the definition was too broad and should be redefined. Mr. Potter also spoke concerning the "Off the Top" costs associated with the previous bond issue of $1.13M and maintained that the city could not save significant money by refinancing. A list of costs associated with the previous bond issue was distributed to the Commissioners. John Goodling of 149 lOt" Street reported that he would be submitting plans for beautification of the l Ot" Street beach access at the May 10, 2004 meeting. He indicated that the group supporting the project came up with the idea to sell paver bricks to finance the project and there had been a positive response. J. P. Marchioli of 414 Sherry Drive commented that as elected officials, the Commissioners had a responsibility to the citizens of Atlantic Beach to solve the problem with constructing the entrance to the Post Office from Plaza, and suggested that the cost be divided between the Cities of Neptune Beach and Atlantic Beach and the Post Office to expedite the project. Mr. Marchioli stated that during a recent trip to the Times Union Building, he noticed that all employees were wearing name tags, visitors were required to wear "Visitor Tags" and anyone who did not have one was immediately stopped by security personnel. He suggested that the same requirements be applied to Atlantic Beach municipal buildings. Dorothy Kerber of 365 1St Street requested that the ordinance amending Chapter 3, Alcoholic Beverages, retain the section that prevents the sale of alcoholic beverages on Christmas day. She also requested that the city deny requests for outside dining on city sidewalks for safety reasons and to prevent the personalized bricks from being damaged. Ms. Kerber believed outside dining should be allowed only if it occurs on the business owner's property, such as at Al's Pizza. 3. Unfinished Business from Previous Meeting April 26, 2004 REGULAR COMMISSION MEETING Page 4 '"" A. Proclamation declaring Apri126-30, 2004 as Records Information Management Week C. Award annual contract for Electric Motor and Pump Repair to Industrial Equipment Services (Bid No. 0304-13) Motion: Approve Consent Agenda Items A and C as presented. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Approve the purchase of amini-excavator with trailer from Duval Pilot Equipment Outfitters at a cost of $31,080 (Bid No. 0304-11) Commissioner Waters inquired if the mini-excavator could have been purchased from State Contract. Utility Director Kaluzniak responded that equipment meeting the city's specifications was not available from State Contract. Motion: Approve Consent Agenda Item B. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Award annual contract for Palm Tree Trimming to American Landcare (Bid No. 0304-14) Commissioner Simmons stated that she had researched palm tree trimming and could not find anything that required twice a year trimming. She believed once a year trimming was adequate, and that twice a year trimming caused extra expense and stressed the slow growing trees. Commissioner Simmons also inquired concerning the 3-9 trimming requirement. Public Works Director Carper stated that he had spoken with a member of the local Palm Society and it was recommended the trees be trimmed 3-9 twice a year. Discussion concerning trimming requirements ensued. Commissioner .. Waters requested that the Medjool Palms be trimmed after fruiting, just before the ripe fruit would drop. Commissioner Beaver indicated that Apri126, 2004 REGULAR COMMISSION MEETING Pase 5 ''` trimming those palms in late June or early July would allow for fruiting. Commissioner Beaver agreed with Commissioner Simmons that once a year trimming would be adequate in most cases. He indicated that Washingtonian Palms decline faster than other trees and may need a second trimming. It was pointed out that the contract provided a per tree price for trimming with totals for one and two trimmings per year, and for other palm tree trimming on an as-needed basis. Motion: Award annual contract for once a year palm tree trimming to American Landcare at listed bid prices. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Resolutions 6. Action on Resolutions: None. Ordinances 7. Action on Ordinances A. Ordinance No. 52-04-03 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE NO. 95-90-48, AS AMENDED, SAID ORDINANCE NO. 31-04-03 WHICH SHALL CHANGE THE LAND USE DESIGNATIONS AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS THE JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT, SEVERABILITY; RECODIFICATION AND AN EFFECTIVE DATE (This item has been withdrawn at the request of the applicant) Mayor Meserve indicated that the ordinance had been advertised before the request to defer by the applicant and a public hearing would be held. Mayor ,... Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. April 26, 2004 REGULAR COMMISSION MEETING Page 6 ~, Commissioner Waters inquired as to the number of times the applicant could request deferrals. City Attorney Jensen responded as long as you (the Commissioners) let them. Commissioner Waters stated he did not mind doing it once or twice, but he felt there should be a limit. He then inquired if the delay would affect the city's Comprehensive Plan submittal. Community Development Director Doerr responded that the request for a small scale plan amendment could be submitted anytime during the year. B. Ordinance No. 52-04-02 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 52-04-02, REZONING LANDS AS DESCRIBED HEREIN TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE (This item has been withdrawn at the request of the applicant) Mayor Meserve indicated that the ordinance had been advertised before the request to defer by the applicant and a public hearing would be held. Mayor "' Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. C. Ordinance No. 10-04-22 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, CHAPTER 3, ALCOHOLIC BEVERAGES TO REPEAL AND REPLACE SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS 3-1 THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING REGULATIONS FOR THE LICENSING AND SALE OF ALCOHOLIC BEVERAGES; ESTABLISHING APPROPRIATE BUSINESS LOCATIONS FOR ON-PREMISE AND OFF-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; AND REGULATING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERGES UPON PUBLIC PROPERTY; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 10-04-22 on first reading. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve A~ri126, 2004 REGULAR COMMISSION MEETING Paee 7 Nay: 0 MOTION CARRIED Commissioner Waters inquired concerning the maintenance of "sufficient lighting" found in Section 3-7 of the ordinance. He stated that it was darker in the Town Center area because a property owner removed some lighting in the overhangs when he screened for pigeons, and the Town Center Agency would like to have it put back. Chief Thompson responded that the previous language in the ordinance measured required lighting in footcandles, and this was taken out of the ordinance. He indicated that the amended language was left broad intentionally, but provided that sufficient lighting would be maintained for the safety of patrons and employees inside the building. Discussion of the consumption of alcoholic beverages at the Adele Grage Community Center for special occasions, such as a wedding reception, ensued. Chief Thompson pointed out that Sec. 3-9 allowed the City Manager to approve the consumption of beer and wine on public properties for a special event, and a special event was interpreted differently than a festival. Discussion of the section of the ordinance prohibiting the sale of alcoholic beverages on Christmas day ensued. It was the consensus of the Commission to remove the language from the ordinance referencing the Christmas prohibition. Amendment to the Motion: Remove all references to the prohibition against selling alcoholic beverages on Christmas Day. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 AMENDMENT TO THE MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Off-Site Open House A. Discussion and related action regarding off-site open house signs Signs (Mayor) Mayor Meserve stated that local realtors had approached him concerning being able to use off-site signs to advertise open house sales on the day of the open house. He indicated that the current ordinance allows for two ,,, signs to be located on the property having the open house, and prior to adoption of the current ordinance, four off-site signs were allowed to be Apri126 2004 REGULAR COMMISSION MEETING PaEe 8 +"` Commissioner Waters stated he could support placement of a sign at the entrance to a subdivision, but if agents were allowed the off-site signs, the corner of Atlantic Boulevard and Seminole Road would be covered with signs. Commissioner Parsons felt the Commissioners worked hard on the current sign ordinance and it should not be amended. He felt if realtors were allowed to use off-site signs, then other businesses would make similar requests. Commissioner Beaver stated that previous Commissions allowed four off- site signs for realtors on weekends and indicated that he never saw an issue by allowing them. He stated he would be in favor of taking the ordinance back to the way it was for open house signs. Commissioner Simmons felt it might be difficult to locate some properties within the city, but not those on numbered streets. She stated that an open house was held in her neighborhood of ~"a "*'^„*~° a°^^'~ °~~°r +''° ' a *~,^* ~,^,' ^*'°^~* ^ ;"°,~^' „~r ^;*° ° r° ~ Commissioner Simmons commented that Atlantic Beach was a residential community and she would be un-inclined to amend the ordinance for those who abuse it. NO ACTION WAS TAKEN ABAA Contract B. Authorize the City Manager to execute a contract with the Atlantic Beach Athletic Association (City Manager) Motion: Authorize the City Manager to execute a contract with the Atlantic Beach Athletic Association. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED There was no discussion. 2003-04 FDOT Grant C. Authorize the Mayor to sign the grant application and all related paperwork for the 2003-04 FDOT grant (City Manager) Motion: Authorize the Mavor to sign the grant application and all related paperwork for the 2003-04 FDOT Erant. Moved by Beaver, seconded by Parsons Votes: *...Old Atlantic Beach over the weekend and had six signs, of which five were off-site and illegal. (As amended by Commissioner Simmons on May 10, 2004) April 26, 2004 REGULAR COMMISSION MEETING Paee 9 ".~' Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED There was no discussion. GAI Consultants D. Award contract to GAI Consultants in the amount of $49,970.19 Contract for the Mayport Road Median Study, and authorize the City Manager to sign the contract (City Manager) Motion: Award contract to GAI Consultants in the amount of $49,970.19 for the Mayport Road Median Study, and authorize the City Manager to sign the contract. Public Works Director Carper explained that the FDOT was requesting a more in-depth analysis study of what level of service would be projected when the medians are installed on Mayport Road and decrease the travel lanes from three to two. Mr. Carper provided information concerning the study and it was reported that there would be a separate contract for the final design of the project. City Manager Hanson explained that the FDOT needed to be convinced that lane reduction would not adversely affect the volume of traffic on Mayport Road because the FDOT opposes lane closings. Commissioners Beaver and Waters inquired concerning funding sources for the study. The Mayor indicated that the City of Jacksonville had authorized funding in the amount of $250,000 for beautification and $147,000 for design through the Mayport Waterfront Partnership, which will turn the money over to the city. Commissioner Simmons expressed concern that doing the study before the Wonderwood Expressway opened would adversely affect the statistics. Mayor Meserve stated he had spoken to Aage Schroeder, from the FDOT, who indicated that the city would have to wait two or three years to see the full impact of Wonderwood because the City of Jacksonville was having problems purchasing rights-of--way in the McCormick Road area. The FDOT felt they could take this into consideration when reviewing the study, and if they agree to the project, this would give the city the potential for ~,..,, another $1 M for the project. April 26 2004 REGULAR COMMISSION MEETING Paee 10 Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Status Report -Post Office Project Mayor Meserve requested that City Manager update the Commissioners on the Post Office. City Manager Hanson reported that the JTA had reached an agreement with the Post Office regarding the amount they would spend to purchase Post Office property connected with the Wonderwood Project. He indicated that this figure was important because that money would be used by the Post Office for the Plaza Entrance Project. City Manager Hanson indicated that Post Office and Atlantic Beach officials agreed more than two years ago on the concept to change the parking lot and reconfigure the entrance on Plaza, to give the public access to the Post Office from Plaza. He further reported that for two years, $65,000 had been budgeted by the city for the project, but the Post Office, due to budget constraints could not come up with funding for their share of the improvements on their property. `' City Manager Hanson stated the project has been extremely slow and frustrating, but he has stayed in contact with the Post Office and the city was getting close to working out the details of an agreement with them for a design of the project. He believed that once the project was designed, the work could be completed in two or three months. Cornell Two E. Approve Preliminary Plat for Cornell Two Subdivision and a Subdivision request for a Subdivision Waiver by Beaches Habitat for Humanity to allow new residential lots with width of less than seventy-five (75) feet at the Building Restriction Line and less than 7,500 square feet of lot area (City Manager) Mayor Meserve reported that Beaches Habitat had requested a deferral from action on approval of the subdivision and subdivision waiver. City Manager Hanson explained that the Community Development Board discussed the proposed subdivision and waiver, but had deferred action on the request to their next meeting. Commissioner Beaver inquired if the delay impacted Beaches Habitat. Community Development Director Doerr explained that the Subdivision Regulations required the Community Development Board to make a recommendation to the Commission to approve or deny the plat. Ms. Doerr ~,,.,, indicated the delay could put their housing grant application in jeopardy, but she believed she had the authority to give Habitat a letter informing Apri126. 2004 REGULAR COMMISSION MEETING Paee 11 them the preliminary plat was consistent with the city's Subdivision Regulations. Ms. Doerr further reported that the Community Development Board requested that Habitat look at the engineering analysis of the plat to see if moving the stormwater retention pond to the opposite end of the property would make all of the lots 75' x 100'. Commissioner Waters indicated that he was unaware that Habitat built duplexes and stated he favored construction of single-family homes. He urged Habitat to build homes like those they constructed on Francis Avenue. Ms. Doerr responded that the area was zoned for multi-family and they could build duplexes. NO ACTION WAS TAKEN. 9. City Manager City Manager's Report A. City Manager's Report None. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons • Thanked Detective Barbara Sumrall for her work in obtaining the DUI Enforcement Grant (Item 8C). • Reported that 1,000 gunlocks were available free to the citizens of Atlantic Beach and urged all parents who own guns to obtain them. • Requested consideration of the installation of overhead signs of a reasonable size in Town Center. Community Development Director Doerr indicated that the sign regulations provided for bracket signs, but the way the buildings were configured, the signs would hang over public right-of--way. Commissioner Waters • Requested some type of recognition be given to Rene Schiegg, former Manager of the Sea Turtle Inn, for his community involvement with the city and Town Center. April 26 2004 REGULAR COMMISSION MEETING Page 12 • Suggested the use of a central kiosk in Town Center for directions to shops. • Inquired concerning charitable contributions given by the Atlantic Beach Athletic Association. City Manager Hanson indicated that the money was given in the form of scholarships for low-income children to participate in sports. Commissioner Beaver suggested that the terminology in their financial statement be changed to "scholarships". • Reminded the Commissioners of the 2004 Elected Officials Institute to be held June 4-6"'. Commissioner Waters indicated he would be attending. Mayor Meserve • Suggested holding a series of meetings/workshops to adopt community character goals for the city as follows: (1) The Commission should conduct its own workshop, (2) Then conduct a workshop to receive input from the city's various committees, (3) Conduct a workshop(s) to receive public input from all areas of the city, (4) Take the collected information to the Community Development Board for their input and incorporation into the city's zoning code, (5) Hold a final public meeting, and (6) Adopt an amended ordinance, incorporating the recommended changes. Mayor Meserve stated that he did not want the focus to be on the Old Atlantic Beach area only, but on the entire city. Discussion ensued. Commissioner Waters suggested holding one of the workshops at Donner Community Center. Commissioner Beaver agreed with the Mayor that the Commission should discuss its vision for development of the city before conducting any workshops or meetings. A. Report and possible action regarding art displays in the City (Commissioner Parsons) Commissioner Parsons provided the Commissioners with a definition of public art and various modellas (small models) of public art pieces located in the City of Jacksonville were displayed throughout the Chambers. The process to obtain public art was explained in detail and it was noted that it was a very lengthy process. Commissioner Parsons stated that the Atlantic Beach Public Art Commission would like to have a rotating art exhibit in Bull Park, to be located behind the Cultural Arts Center. He indicated that the Public Art Commission wanted to remove a palm tree, install a base for the artwork on the site of the tree, reinstall the palm to replace a dead palm on the site and have the city insure the artwork. He indicated that the A~ri126 2004 REGULAR COMMISSION MEETING Page 13 cost to move the tree and reinstall it was $2,000 and the insurance policy with a $5,000 deductible was $500. Commissioner Parsons stated that he had spoken with Paul Fron, a sculptor from St. Augustine who works in bronze, and he was willing to place a piece of his sculpture, which is presently being displayed in the Ponte Vedra Cultural Arts Center, on site at a cost of $500 for moving expenses. Commissioner Parsons requested funding in the amount of $2,500 for the rotating art display. Motion: Approve Commissioner Parsons request for $2,500 to come from reserves to be used for palm tree removal and relocation, and to purchase insurance to cover artwork. A lengthy discussion ensued concerning relocating the palm tree, funding sources for public art, liability and insurance. Mayor Meserve expressed concern for possible expenses related to a $5,000 deductible. He believed that if the City Commission was serious about art for the city, it should be discussed during a workshop. He cautioned the City Commission that the cent sales tax money was earmarked for infrastructure and drainage projects. Commissioner Beaver stated he would be more comfortable if the Atlantic Beach Public Art Commission had everything in place before the tree was removed and relocated. Mayor Meserve felt the organization should work out an annual budget for the rotating artwork so the city would know the costs. Commissioner Beaver agreed with the Mayor and believed the city should set aside money in the budget for the new artwork. Commissioner Waters indicated he was all for art, but not for changing Bull Park. He felt other places needed art. Commissioner Simmons indicated she would also like to see a budget for the rotating art and a schedule of art identified that would be ready to take the place of the piece being rotated out. Moved by Simmons, seconded by Beaver Votes: Aye: 1 -Parsons Nay: 4 -Beaver, Simmons, Waters, Meserve MOTION FAILED .,, Mayor Meserve requested that this item be placed on the next agenda for discussion and possible action. Apri126 2004 REGULAR COMMISSION MEETING Page 14 ~„r,.. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:25 p.m. ATTEST: ,. , ~: .~ Maureen Kin Certified Municipal C~lerl~~` "'•'. ATTACHMENT A APRIL 26, 2004 COMMISSION MEETING "` April 19, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Han i y Manager SUBJECT: Follow-up eport Trees Planting/ Code Enforcement on Westside of Mayuort Road; A citizen complained at the last commission meeting that the City had not paid adequate attention to the westside of Mayport Road and cited specifically a lack of tree planting, nuisance ordinance violations and specifically the house at 618 Dutton Road. The City's tree planting program has resulted in the planting of about 150 trees per year over the last two years. During that time, 84 trees were planted on the westside of Mayport Road. City staff work closely with Tree Board members to distribute the flyers encouraging citizens to "adopt a tree". Concerning the enforcement of environmental codes, the City Inspector issued 11 violation notices to residents in the vicinity that the citizen had complained about just in the period from April 1St until the commission meeting on April 12th. He has also done some additional inspections since that time and issued 12 courtesy notices, 12 citations for unregistered cars and 3 other violations on several streets in the immediate vicinity of Dutton Island Road. Oations for Amending the Code Concerning Placement of Off-Site Real Estate Signs; The subject of possibly amending the city's code relating to the placement of real estate signs was brought up at the last commission meeting. Since that time, city staff has checked with adjoining jurisdictions to fmd what restrictions they place on real estate/open house signs. Atlantic Beach's current ordinance, which prohibits any off-site signs of any kind, is the same as most of our surrounding communities including the following: - Ponte Vedra - Jacksonville Beach - Neptune Beach - St. Augustine - St. Johns County - Jacksonville - Fernandina Beach The only exception found was Clay County where real estate agents are allowed up to six directional signs. These are only allowed on the weekends from sunset Friday until sunset Sunday, and all directional signs must be on private property and only within the subdivision where the property is located. 4th Street Shower; A citizen also asked about who had paid for installation of the new shower at the 4th Street beach access. The total cost to the city of the shower was $1,923. The city received contributions to this project from two individuals; Dezmond Waters in the amount of $160.22 and Scott Deputy in the amount of $661.00. This information has since been relayed to the citizen who asked the questions. 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