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03-14-05 vMINUTES REGULAR CITY COMMISSION MEETING MARCH 14, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Parsons was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of February 28, 2005 Motion: Approve the Minutes of the Regular Meeting of February 28, 2005 as presented. Moved by Beaver, seconded by Parsons Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Mayor Meserve invited Bob Kirk of 342 6th Street, owner of Atlantic Beach Pottery at 400 Levy Road, and his guest to the podium. The Mayor introduced Mr. Kirk's guest, Mr. Uton Oya, an artist from Echizen, Japan, an area renowned for its 800-year history of pottery work. Mayor Meserve noted that this is Mr. Oya's first trip to the United States and that Atlantic Beach is the first city on his pottery exhibition tour. Mayor Meserve presented Mr. Oya with a key to the City, welcomed him to the United States, and wished him well on his journey. Mr. Oya provided the Commissioners with copies of catalogs highlighting the artwork in the museum exhibition. J.P. Marchioli of 414 Sherry Drive suggested that the City determine a way to keep the agenda packet located in City Hall from being removed from the lobby. Mr. Marchioli also recommended that an agenda packet be placed in the City Chambers the night of the Commission meeting so that the citizens have an opportunity to review the items prior to the meeting. March 14, 2005 REGULAR COMMISSION MEETING Page 2 Unfinished Business from Previous Meeting Consent Agenda 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson addressed Mr. Marchioli's comments regarding the agenda packets and reminded everyone that the agenda information is always available on the City's website the Thursday before every Commission meeting. He also stated that, if requested, the City could provide anyone with a hard copy of the packet at the established rate per page. The City Manager commented on each item in his written report. A copy of the report is attached and made part of this official record as Attachment A. 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report, Utility Sales Report, Building Department Report and Report of New Occupational Licenses issued in February (City Manager) B. Award the Installation of Pond Liner at Wastewater Treatment Plant No. 1 to Gruhn May, Inc. (City Manager) C. Reject the bid on Bid No. 0405-13 for Sulfur Dioxide for Wastewater Treatment Plants, waive the formal bid process and authorize staff to use Brenntag Mid-South to supply Sulfur Dioxide for the Wastewater Treatment Plants (City Manager) Mayor Meserve requested that Item C be removed from the Consent Agenda for discussion. Motion: To approve Consent Agenda Items A and B as presented. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED In regards to Item C, Mayor Meserve expressed concern regarding the low number of bidders for the original project. The Mayor recommended that the Commission reject the bids and follow the process for receiving new bids for the project. March 14, 2005 REGULAR COMMISSION MEETING Pase 3 Commissioner Simmons agreed with Mayor Meserve. She expressed concerns with accepting quotes over the phone without going through the official bidding process and receiving the proper submission of bid paperwork. Commissioner Waters concurred that re-bidding the project is the correct procedure to follow in this instance. Motion: To reiect the bid on Bid No. 0405-13 for Sulfur Dioxide for Wastewater Treatment Plants and re-bid the project. Commissioner Parsons asked if the current price offered by the contractor would be jeopardized by re-bidding the project. Donna Kaluzniak, Director of Public Utilities, replied that the price was given in writing as being valid for a year, but there is a possibility that different quotes could be given during the re-bid process. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED "` Committee Reports 5. Committee Reports A. Recommendation for appointment to the Tree Conservation Board (Commissioner Simmons) Mayor Meserve discussed the origin and composition of the Board Member Review Committee. The Mayor explained the current process for nominating and approving committee members and expressed concern with the fact that the Commission currently does not have much involvement in the system until the recommendation comes before it at the City Commission meeting. Mayor Meserve proposed that the meeting time be changed from morning to late afternoon in order to give everyone the opportunity to attend. He asked the Commissioners for any thoughts or suggestions on making the nomination and approval system work better. Commissioner Simmons discussed the idea of holding the Board Member Review Committee meetings at a set day and time each month. She also suggested that two days before the meeting, all Commissioners be given the applications of any interested nominees. Commissioner Simmons believed this gives the Commissioners the opportunity to review the applications and to decide whether to attend the meeting or to give any input regarding the nominations. Commissioner Waters noted that the Board Member Review Committee is a permanent standing committee and thus should be more formally enacted by either resolution or by ordinance. He also suggested that the Committee would be less intimidating to nominees if it consisted of more citizens, rather than being mainly composed of Commissioners and City Staff. March 14, 2005 REGULAR COMMISSION MEETING Paee 4 Motion: To create a set time and date for the Board Review Committee Meetings, to provide all Commissioners with nominee applications at least two days prior to the meeting, and to reappoint Jim McCue to serve on the Tree Conservation Board. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-OS-69, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING "' SEPTEMBER 30, 2005 Mayor Meserve read the ordinance by title only. He proposed adding to the ordinance a budget adjustment in the appropriate General Operating budget funds fora $106,000 expense for attorney fees and a $25,000 credit from insurance for the Johnston Island defense. There was no further discussion on the first reading. Motion: To approve Ordinance No. 20-05-69 on first reading as amended. Commissioner Beaver asked the City Manager for clarification on the budget item for 10th Street Beach Access parking in the amount of $10,000. City Manager Hanson explained that the amount is designated to cover the cost of three new public parking locations created to offset the 10th Street parking agreement. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 80-OS-71, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, DELETING ARTICLE II, SECTION 22-28 (2), March 14.2005 REGULAR COMMISSION MEETING Page 5 . WATER SERVICE FOR FIRE PROTECTION PURPOSED; ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Motion: To approve Ordinance No. 80-OS-71 on final reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing on the item. J.P. Marchioli of 414 Sherry Drive asked for the ordinance to be presented in layman terms. City Manager Hanson responded and explained that the ordinance requires the metering of water on fire line services, such as sprinkler systems and fire hydrants, in order to accurately monitor their water flow. There were no further public comments. The Mayor closed the public hearing and asked the Commission for discussion. Commissioner Beaver asked how the City will notify people who will be affected by the new requirement to include installation of the meters on their existing or proposed fire line systems. City Manager Hanson replied that the City could notify the owners of the 30 systems currently affected and any future projects affected would be informed of the new regulations appropriately without creating any significant delay in the projects. Commissioner Beaver expressed his support for notifying the appropriate citizens of the change in the City's policy. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request by John G. Murr for aUse-by-Exception to allow an auto body shop (Heavy Automotive Repair) in an existing building on a developed site within the Commercial General (CG) Zoning District and located at 589 West 14th Street (City Manager) Motion: To approve request by John G. Murr for aUse-bv-Exception (UBE-2005-O1) to allow an auto body shop (Heavy Automotive Repair) in an existing building on a developed site within the Commercial General (CGl Zoning District and located at 589 West 14th Street Mayor Meserve noted that the request was recommended for approval by the Community Development Board. The Mayor opened the floor for a public hearing on the item. There were no public comments. Mayor Meserve March 14, 2005 REGULAR COMMISSION MEETING Page 6 closed the public hearing and brought the item before the Commission for discussion. Commissioner Beaver emphasized the need for the applicant to understand and adhere to the terms as granted by the Use-by-Exception, specifically regarding the condition to maintain all equipment, materials and business activities within the enclosed building. Sonya Doerr, Director of Planning and Zoning, pointed out that there are four conditions attached to the Use- by-Exception, as recommended by the Community Development Board. Commissioner Beaver addressed the owner, John G. Murr, and stressed the difficult, yet important issue of containing his business inside the building. Mr. Murr responded that his business has been located on 2"a Street for eighteen years and he has always kept his business neat and clean and has never received any complaints from the neighbors. Commissioner Waters asked for clarification of the four conditions listed with the Use-by-Exception. Ms. Doerr referred him to the staff report in the agenda packet and also reiterated that aUse-by-Exception runs with the applicant, not with the property. Moved by Parsons, seconded by Waters Votes: "* Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Confirm the appointment of Harry McNally as the Board- selected Police Pension Board of Trustees member for atwo- year term beginning 3/27/05 and ending 3/27/07 (City Manager) Motion: To approve the appointment of Harry McNally as the Board- selected Police Pension Board of Trustees member for atwo-year term be~inninE 3/27/05 and ending 3/27/07 No discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Approve proposal and authorize the Mayor to sign a contract with Fleet & Associates for design services for the Remodeling & Expansion of the Public Safety Building (City Manager) City Manager Jim Hanson pointed out to the Commission that the item is a request for approval of a conceptual design for the project and is not a March 14.2005 REGULAR COMMISSION MEETING Page 7 budget item yet. He noted that after the conceptual design is approved, then ~' the City can bid a final design and budget for the construction cost next year. Motion: To approve proposal and authorize the Mayor to sign a contract with Fleet & Associates for design services for the Remodeling & Expansion of the Public Safety Building. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Proposed ordinance to amend Chapter 5 Section 5-32 Fees and Charges (City Manager) Commissioner Waters questioned if homeowner's associations are considered anon-profit group when renting a facility. He also asked why the deposit amount for a beach bonfire permit is more than the deposit for a ~"` campfire on Dutton Island. Timmy Johnson, Director of Parks and Recreation, explained that the City Commission approved the homeowner association fees for building usage in March 2003 so those fees were included in this listing of fees and charges. He also explained that since a bonfire on the beach is much larger than a campfire on Dutton Island, the deposit for the beach bonfire is greater. Commissioner Simmons pointed out that, due to similarity in size, the deposit for a beach campfire is the same as for a Dutton Island campfire deposit. Discussion ensued regarding the wording of the ordinance. Mayor Meserve stated the ordinance would be brought back before the Commission at the next meeting. City Manager 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report, which included budget calendar changes for FY 2005-2006 and upcoming events scheduled by the Cultural Arts and Recreation Advisory Committee. A copy of the City Manager's report is attached and made part of this official record as Attachment B. In addition to his report, City Manager Hanson also noted that there is a Special Magistrate Hearing on March 31, 2005 at 10:00am in the City Chambers regarding the police union impasse. He stated that the public is welcome to attend the hearing but participation is allowed only for city and police union representatives. The City Manager pointed out that if either March 14.2005 REGULAR COMMISSION MEETING Pa e 8 side disagrees with the Magistrate's recommendation, it then goes to the Mayor and Commission for the impasse hearings. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Expressed his concerns over the City's expense for legal fees to uphold the decision made by the Commission regarding Johnston Island. He believed that the $106,000 could have been used to fulfill many other needs for the City and its citizens, rather than to defend a challenge generated by a group of citizens who dropped their lawsuit before a decision was made by the judge. He pointed out that the $106,000 is not a budgeted item and questioned what will be its source for funding and how that will affect other needs for the City. Commissioner Simmons • Distributed a handout that was given during the Community Character workshop and discussed the importance of reading the handout before proceeding to the next step in the process. She emphasized the need to define what community character is and stated that the handout addresses this issue and gives a process for working at all aspects of character and including the public in the process. She requested that the Commission take the time to review the handout. Commissioner Parsons • Agreed with Commissioner Beaver's comments regarding the expense of the Johnston Island case and stated he found it very upsetting. He pointed out that the expense not only included the attorney's fees, but also included time and money spent for the City staff working on the case. • Asked about decorating the entrance to the City around the welcome sign at Seminole Road. City Manager Hanson responded that the City currently plants flowers there twice a year. • Inquired about the formation of the 10th Street condominiums association. City Manager Hanson responded that all the paperwork and payments were processed for creating their association and the agreement with the City had been signed. Commissioner Parsons commented that the area looked good. March 14.2005 REGULAR COMMISSION MEETING Paee 9 Commissioner Waters • Asked for clarification regarding a letter addressed to the Commissioners informing them of a variance request fora 5-foot setback at the next Community Development Board meeting. Sonya Doerr, Director of Planning and Zoning, provided the pertinent information regarding the request. • Discussed a charter ordinance that pertains to informing the Commission of any lawsuits brought against the City. He stated he would like to see this ordinance better enforced so that the Commission can be properly informed on all lawsuits involving the City. • Commented on the Johnston Island case and the outcome of the Commissioner's votes on the issue. He expressed his agreement with many issues that were agreed upon between the citizen petitioners and the developers of the island. He also discussed his thoughts regarding PUDs and suggested the Commission review the process for accepting or limiting PUDs. • Commended City Manager Hanson and Finance Director Nelson VanLiere on creating the budget calendar. Mayor Meserve • Discussed the Johnston Island case and stated that the City had never reached a negotiation phase with the developers. He pointed out that the private agreement created between a few citizens and the developers did not include any decisions or negotiations made by the City. He noted that any plans for development would still have to follow the City's proper review procedures with the Community Development Board and the Commission. • Stressed that regardless of the Commissioner's specific votes, any City decision made in accordance with the law should be upheld and defended if its legality is challenged. Adjournment There being no further discussior~tllV~aMor declared the meeting adjourned at 8:10 p.m. 111 ~~~~`"` AT EST: gnu John I~es~rv~,~lVlayor/Presiding Officer Donna L. Bussey City Clerk ATTACHMENT A MARCH 14, 2005 COMMISSION MEETING Mazch 7, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanson City'Nranagei SUBJECT: Follow-up R port Unsafe Structure at 306/308 2°d Street: A citizen asked the Commission at the last meeting about the status of an unsafe structure located at 306/308 2nd Street. This structure was damaged ~ by fire on May 18, 2004 and inspected by the City on May 20th. At that time, the structure was posted as condemned and the owner was notified that they would have to either demolish the , structure or obtain a permit to rebuild it. As is the case with many structures that are partially damaged by fire, the owner and their insurance company had ongoing negotiations about whether to demolish or rebuild. When it was cleaz that progress on resolving the issue was not moving ahead, the City issued a notice giving the owner 120 days as required by State law that the building would be demolished by Atlantic Beach unless it was either demolished or a permit was obtained for repairs. On February 24, 2005 the owner was issued a final notice that the City would obtain a demolition contractor and begin the demolition in 30 days unless the owner obtained a permit either to demolish or to rebuild the structure. That 30-day period will end on Mazch 24th. To date, no permit applications have been filed and no permits have been issued. Complaint about Unsanitary Dumpster at AI's Pizza; Another complaint was made at the last commission meeting that drainage from the dumpster at Al's Pizza was accumulating in the street creating an unsanitary situation. Alex Sherrer spoke to the restaurant owner and concluded that two steps should. solve the problem. -The first is in changing out the dumpster. Appazently, the restaurant is not washing out the dumpster, but drainage is getting into the street because it is not watertight. The dumpster has now been replaced. with one that will contain wet trash and garbage. The second solution is for the City to patch the street directly down stream from the dumpster. Apparently there is a pothole where the drainage is accumulating. City crews will patch the pothole in the neaz future. Private Homeowners Installing Pavers in City Ri~bt-of--Way; City staff has met on this issue and a report will be prepared for the next regular commission meeting. One issue that is taking a little longer to research is how other adjacent communities are regulating what private owners can put in their right-of--ways. ATTACHMENT B MARCH 14, 2005 COMMISSION MEETING Mazch 7, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso Ci'~y 1V an SUBJECT: City Mana is Report Budget Calendar for Fiscal Year 2005-06; Attached for your use is a copy of the budget calendaz for the City's upcoming 2005-06 fiscal year. The city staff has already begun prepazation of their capital budget requests, which will be due on April 18`h. Their regular operating budgets will be due on May 1 s`. This calendaz calls for the draft budget to be transmitted to the Mayor and Commission on August 1~` and the month of August to be used for the budget workshops with the City Commission. As usual, the month of September will be used fir~""°' for the budget adoption process. One change in this budget schedule from previous years is in' requiring the capital budgets much earlier, thereby giving the City Manager and Finance Director more time to prepare the ten-yeaz capital plans for each operating fund. Events Scheduled; The Cultural Arts and Recreation Advisory Committee has scheduled several events for the coming months as follows; ~ . • Acoustic Night in Bull Pazk; April 17`b, May 15`h, June 19`~ and July 17`h. Each event will be from 6:00 to 8:00 pm. • Songwriter's Night in the Theatre (Adele Grage); Apri13`d, May 1 ~`, June 5~` and July l Oth. These will. all occur between 6:00 and 8:00 pm. • Art Festival in Bull Pazk; May 7`h • Teen Concert in the Park; May 1 ~`, 1:00 to 5:00 pm