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02-14-05 vMINUTES ., REGULAR CITY COMMISSION MEETING FEBRUARY 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 Mayor Meserve was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of January 24, 2005 and the Emergency Commission meeting of February 4, 2005 Motion: Approve the Minutes of the Regular Meeting of January 24, 2005 and the Emergency Commission meeting of February 4, 2005 as presented. Moved by Waters, 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 Dover Albertson of 651 D'Orleans Court, Jacksonville stated that he owns rental property in Atlantic Beach and commented on the expense of turning utilities on and off every time one of his units needs to be cleaned after it is vacated. Mr. Albertson gave examples of the rates he was charged on his utility bills and expressed concern that the rates were excessive. He stated he would appreciate the City giving consideration to the situation. Mayor Meserve asked the City Utilities Department to review Mr. Albertson's information and determine if procedures followed were correct and fair. Valerie Britt of 378 Tilefish Court gave feedback to the Commission on growth management review meetings that she attended in Gainesville last _ week. She handed the Commission copies of a poster of Dutton Island. Ms. Britt discussed issues regarding the effect of hurricanes on coastal areas and stressed the importance of considering all areas in the community when making decisions for hurricane preparedness. February 14, 2005 REGULAR COMMISSION MEETING Page 2 Sally Clemens of 1638 Park Terrace West presented her opinions as a petitioner in the Johnston Island Administrative Hearings at City Hall February 1-3, 2005. Ms. Clemens expressed concerns regarding the cost to the taxpayers for the hearing. She felt that time and money could have been saved if better negotiations had been established before decisions were made. Ms. Clemens stressed the importance for public input and for better research and communication among City staff and elected officials. Ms. Clemens commented that she attended the Parliamentary Procedures workshop last month. She discussed Robert's Rules for Order regarding minutes of the meetings. Ms. Clemens stated that minutes which follow Robert's Rules by only containing the motion, the person who made the motion and the person who seconded it would be limiting information for the public. Alan Potter of 374 Second Street addressed the Commission regarding the issue of skateboard ramps on private property. Mr. Potter suggested that skateboard ramps are a community asset since they provide areas for kids to play within their own yards. He stated that ramps should not be allowed to extend out to the streets, but requested that the Commission not prohibit skateboard ramps from being in people's yards. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson noted that a letter to the editor concerning water purification was recently published in the local newspaper. In order to provide further clarification of the law, City Manager Hanson called on Public Utility Director, Donna Kaluzniak, to address the issue. Ms. Kaluzniak read a copy of the DEP rule and explained that the law required there be a means to measure the disinfectant residual in the system. She stated that the basic method for doing that was with chlorine or some form of chlorine. Ms. Kaluzniak informed the Commission that other systems could be used for primary disinfection, but the final disinfection method requires a measurement and a prevention of bacterial growth. She confirmed that the City stays abreast of the latest technology and regulatory requirements in order to continue serving the public in the most cost effective means allowed. Consent Agenda 4. Consent Agenda Commissioner Parsons requested that Item B be removed from the Consent Agenda for discussion. A. Acknowledge receipt of Public Works and Utility Department February 14, 2005 REGULAR COMMISSION MEETING Page 3 `- Monthly Report, Utility Sales Report, Building Department Report and Report of New Occupational Licenses issued in January (City Manager) C. Award annual contract for Asphalt Repairs for Public Works/ Public Utilities Department to Tom's Asphalt Repairs, Inc. (Bid No. 0405-8) (City Manager) Motion: To approve Consent Agenda Items A and C as presented. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Approve Change Order No. 4 for Relocation, Installation and Coating of Elevated Storage Tank at Water Plant 2 in the amount of $11,600 (City Manager) Commissioner Parsons questioned if there had been an opportunity for a competitive bid on the change order and asked Donna Kaluzniak, Public Utilities Director, to provide further explanation on this item. Ms. Kaluzniak explained that change orders are not typically bidded out when a company is already contracted for the project. She further described the devices being added to the new water tank and the need to meet OSHA safety standards. Commissioner Waters inquired if the new water tank was in operation. Ms. Kaluzniak replied that it is not yet operating, but that tests are being performed to ensure it will be ready to operate once painting and electrical work is completed. Commissioner Waters asked Mayor Meserve if a plaque could be created and placed on the tank in memory of the subcontractor who invested his career to the project. Mayor Meserve confirmed that the City staff would give consideration to the dedication of the water tank. Motion: To approve Change Order No. 4 for Relocation, Installation and Coating of Elevated Storage Tank at Water Plant 2 in the amount of $11,600 Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED February 14, 2005 REGULAR COMMISSION MEETING Page 4 Committee Reports 5. Committee Reports A. Recommendation for appointment to the Tree Conservation Board (Commissioner Simmons) Commissioner Simmons reported that the Board Member Review Committee had interviewed three well-qualified candidates at their last meeting on January 13, 2005 and chose Jamie Fletcher to fill a vacancy. Commissioner Simmons stated that since that meeting another Tree Conservation Board member had decided not to take a second term, thus creating another vacancy. She noted that at the January 13th meeting, the Board Member Review Committee had anticipated the possible up-coming vacancy and chose a person to recommend if the need arose. Commissioner Simmons reported that the Board Member Review Committee recommended Stephanie Catania to fill the vacancy. Commissioner Waters commended City Clerk, Donna Bussey, for creating a new application form to enhance the selection process for committee applicants. Motion: To appoint Stephanie Catania 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 A. Resolution No. OS-O1 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION Mayor Meserve read the Resolution by title only and explained that it supports the Florida League of Cities issues and addresses a number of ways to keep government and authority local. There was no discussion. Motion: To approve Resolution No. OS-O1. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED February 14.2005 REGULAR COMMISSION MEETING Page 5 Action on Ordinances 7. Action on Ordinances A. Ordinance No. 80-OS-70, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I, IN GENERAL; ADDING SECTION 22-4(e), ADJUSTMENTS FOR LEAKS ON CONSUMER'S SIDE OF METER; ADDING SECTION 22-4(f), ADJUSTMENTS FOR FILLING A SWIMMING POOL; DELETING ARTICLE II, WATERWORKS SYSTEM, SECTION 22- 31, LEAKS ON CONSUMER'S SIDE OF METER; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. Mayor Meserve read the ordinance by title and explained that the ordinance addresses the issue of amending the rules and fees to reduce the cost to an individual when a leak occurs or for certain things, such as filling pools. Motion: To approve Ordinance No. 80-05-70 on final reading. The Mayor opened the floor to public discussion on the ordinance. There were no public comments. The Mayor closed the public hearing and asked the Commission for discussion. Commissioner Waters requested clarification on the adjustments for filling a swimming pool, listed under Article I, (f). City Manager Hanson provided more details regarding the '^ block rates used. Commissioner Waters asked for confirmation that the customer would not be charged for sewage when filling a swimming pool. Finance Director, Nelson VanLiere, confirmed that there would be no additional charges once the sewage is capped. Commissioner Waters asked how it is determined that the customer is filling a swimming pool. Mr. VanLiere explained that it is either clear by reviewing the customer's consumption history or the customer provides the city with proof. Commissioner Simmons questioned if the Commission should consider allowing customers adjustments for refilling a pool more than once since many pools require maintenance work more than once during their lifetime. Discussion ensued and it was decided that only the one-time adjustment would be allowed per owner. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Authorize the Mayor and City Manager to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution of 9-1-1 user fees (City Manager) February 14, 2005 REGULAR COMMISSION MEETING Page 6 Motion: To authorize the Mayor and Citv Manager to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution of 9-1-1 user fees Commissioner Waters asked how this item would generate revenue for the City. Public Safety Director, Chief David Thompson explained that every county citizen pays a 9-1-1 surcharge on their phone bill. Commissioner Simmons inquired if cell phone users also pay the surcharge. Chief Thompson confirmed that cell phone users pay charges which are allocated to 9-1-1 services. Moved by Parsons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Proposed Changes to City Code, Chapter 22, Utilities -Fire Line Metering and Charges (City Manager) City Manager Hanson provided background information on the item and explained that putting a check on the fire lines would enable the City to detect and prevent leaks in these lines. Mr. Hanson noted that the proposal would be consistent with other cities' methods for metering fire lines. City Manager Hanson indicated that the proposed changes would also enable the City to keep better track of water usage on the fire lines. Commissioner Waters questioned if the changes would generate more money. City Manager responded and indicated that it would be a minimal increase in revenue. There was no further discussion and Mayor Meserve requested that the proposed changes be drafted and brought back for discussion. C. Approve funding in the amount of $9,600 for IT consulting services (City Manager) Motion: To approve funding in the amount of $9,600 for IT consulting services City Manager Hanson called on Public Safety Chief David Thompson to discuss the issue. Chief Thompson gave the background on the HTE software and the IBM AS400 system currently being used by the City. He explained that the current systems have reached their technological maximum capacities and, due to this fact, cannot be added to or supported by the companies. Chief Thompson indicated that, due to the scope of the project and the security issues involved, the project could not be completed in-house, as originally planned. He stated that the City has identified February 14, 2005 RF,GULAR COMMISSION MEETING Page 7 consultants, specifically the Florida League of Cities, which perform the necessary evaluations and make recommendations for this type of project. Chief Thompson suggested that an organization with the appropriate amount of experience and specific expertise would most benefit the City on a prof ect of this significance. Commissioner Parsons questioned spending money on an outside consultant when the City currently has its own Information Technology department. Chief Thompson responded that this specific project goes beyond the IT department's current responsibilities and expertise and, thus, would be best handled by an outside company. Commissioner Waters asked if the City was past the point of being able to upgrade its current technology. Chief Thompson confirmed that was correct and noted that the current systems had been in place for over six years. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Approve the Scope of Services and Fee Proposal for Design of 5 Point Intersection Improvements (City Manager) Motion: To approve the Scope of Services and Fee Proposal for Design of 5 Point Intersection Improvements City Manager Hanson noted that the City had negotiated a contract and a reasonable price with a firm and was ready to move forward with the project. Commissioner Simmons questioned the use of inefficient decorative lighting and asked that the City look at more efficient alternatives for the lighting in the project. Moved by Parsons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters MOTION CARRIED E. Discussion related to regulating size, location and use of private skateboard ramps on residential lots (City Manager) City Manager Jim Hanson reported that the City had received some complaints recently from citizens and subdivision associations, regarding specific large skateboard ramps located in residents' yards. The February 14.2005 REGULAR COMMISSION MEETING Page 8 Commissioners were referred to copies of the photos of the skateboard ramps included in their agenda packets. Ms. Sonya Doerr, Director of Planning and Zoning, pointed out that the skateboard ramps were quite large structures and some had been in place for a long time. Ms. Doerr noted that the Commission could consider regulating the size, height, and location of the ramps, without prohibiting them all together. Commissioner Parsons reported that he had received numerous complaints recently and felt that the structures were of a greater scale than should be allowed. Ms. Doerr informed the Commission that the current building codes do not regulate the ramps. She stated that, due to the fact that the ramps are over 30 inches high, zoning regulations consider them as an accessory structure and therefore they are not allowed in the front yard and must be at least five feet from property lines. Ms. Doerr noted that currently there are no other restrictions limiting the size, height, or time of use of the skateboard ramps. Commissioner Waters commented there are two sides to the issue. He noted that skateboarding is a good activity for kids but the ramps in question are very big and can be very noisy. Commissioner Waters believed that the ramps qualified as accessory structures and therefore no further rules needed to be created to have the ramps moved out of the front yards. City Manager Hanson noted that not all of the large ramps are located in the front yards and Ms. Doerr further clarified and reiterated the regulations currently regarding accessory structures. City Manager Hanson commented on other ways that other communities have dealt with the issue, noting that St. Johns County was looking at options for requiring certain fencing to enclose the structure, prevent it from being seen outside the yard, and limit liability issues. Commissioner Waters spoke in favor of allowing kids to play in their own backyards and disagreed with ways that discourage them from doing so. Ms. Doerr presented the options for regulating the skateboard ramps and noted that if no action was taken, then no limitations, other than the current ones regarding accessory structures, could be enforced by the City. Commissioner Waters inquired if using the ramps after 9:00 p.m. is a violation of the noise ordinance. Chief Thompson replied that the Public Safety department addresses those situations when complaints are received. Commissioner Beaver agreed with Commissioner Waters' statements. He also added that the issue of fencing the structures to prevent homeowners' liability cases should be considered. Commissioner Beaver suggested drafting a regulation which would allow the City to dismantle declining or non-functional structures. Commissioner Beaver did not feel the skateboard ramps should be eliminated, but spoke in favor of restricting or regulating them. Commissioner Simmons agreed that the structures in question are not attractive and should be regulated. She suggested establishing some guidelines after reviewing other laws and examples. February 14, 2005 REGULAR COMMISSION MEETING Page 9 Ms. Doerr stated she would research the issue further and provide recommendations to the Commission on ways to regulate skateboard ramps without being prohibitive. F. Staff Report on proposed uses for FY 05/06 Community Development Block Grant (CDBG) funds (City Manager) City Manager Hanson gave some background information on the CDBG funds and indicated that City staff is anticipating a reduction in the amount to be allocated for Fiscal Year 2005/2006. He explained that proposed uses for the grant funds included $30,000 for continued housing rehabilitation and the remaining funds to assist homeowners with the City's septic to sewer conversion policy. Motion: To approve proposed uses for FY 05/06 Community Development Block Grant (CDBG) funds. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED G. Notification of expiring term of Jim McCue from the Tree Conservation Board (City Clerk) Mayor Meserve explained this item was part of the process which allows the Board an opportunity to be notified of any committee vacancies so that they can provide input and receive information on the review of applications being received. City Manager 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report which is attached and made part of this official record as Attachment A. In addition to the items on his written report, the City Manager also reported on the following: Update on Beach Renourishment City Manager Hanson reported that the most recent meeting regarding beach renourishment was held in Jacksonville Beach. He commented that the City is anticipating a successful project this year. City Manager Hanson reported that the Corps of Engineers plans to advertise the contract in March and the award to be in April. He stated that funds for the project February 14, 2005 REGULAR COMMISSION MEETING Pase 10 have been allocated from federal, state, and local sources. He reported that the issue of dune restoration will be resolved by discussion among the Public Works directors of the three beach cities and then a subsequent meeting in April with Jacksonville and other cities. Commissioner Simmons asked for clarification on the differences between dune restoration and beach renourishment. City Manager Hanson responded that beach renourishment receives federal, state, and local funds but dune restoration is not covered by federal funds and involves issues such as re-vegetation of sea oats and grasses. Commissioner Simmons further questioned the location of the placement of the new sand being pumped onto the beaches. City Manager Hanson provided more details on the profile of the anticipated beach renourishment and the movement of the dunes. Commissioner Waters provided further information on the creation and deterioration of the dunes. B. Public Safety Annual Report Public Safety Director, Chief David Thompson, presented the Public Safety Annual Report which is attached and made part of this official record as Attachment B. Commissioner Waters inquired if there were any specific locations with high volumes of crashes. Chief Thompson responded that most of those areas were on Mayport Road or Atlantic Boulevard and that those locations already had traffic controls in place. Commissioner Waters asked for an update on a specific crime recently committed in Atlantic Beach. Chief Thompson responded that it was currently under investigation and he could provide the Commissioner with more details at a later time. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons • Reminded everyone that the next day was an Election Day. Commissioner Parsons • Expressed concern with large oak trees being cut down on residents' private property and asked if the City could do anything to prevent it. City Attorney Alan Jensen responded the City could not do anything legally. Commissioner Beaver suggested recording the date the tree is cut to ensure the owner does not violate code by building on the property within twelve months of cutting the tree. He discussed the issue of personal property rights as they relate to the City's Tree Conservation Board. February 14, 2005 REGULAR COMMISSION MEETING Paee 11 ^` • Asked for the status of the plans for the Atlantic Beach Post Office. City Manager Hanson responded that the City and the Post Office agreed to create their own designs for completion of the project. He reported that the Post Office had not yet had their contractor sign-off on their designs. Commissioner Waters • Expressed agreement with Commissioner Parsons' concerns regarding trees that are needlessly cut down in the City. • Reiterated his desire for the City to consider creating a plaque for the man who died during the construction of the water tower. Adjournment There being no further discussion, yor declared the meeting adjourned at 8:45 p.m. John s , Mayor/Presiding Officer ATTEST: O~V (~~ __ Donna L. Bussey City Clerk ATTACHMENT A FEBRUARY 14, 2005 COMMISSION MEETING February 7, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso C' SUBJECT: City Manag 's Report Strategic Planning Dates; The dates for the Strategic Planning Workshops for 2005 have now been set. The meetings will be held on Wednesday, April 6th and Thursday, April 7th at the Sea Turtle Inn. Both meetings will begin at 5:00 pm and are expected to last unti19:00 pm. Howard Smith will serve as facilitator again this year. A report of issues will be submitted for your consideration prior to the first strategic planning meeting. Pedpath Markers; To be able to distinguish the new pedestrian path on Plaza Drive from ordinary sidewalks, special bike path markers will be installed on the pavement. The need for these and the design both originated with the bike path study completed by the three beach cities a couple of years ago. A copy of the new logo is attached. Senator Nelson Announces "Office Hours"; Representatives from Senator Nelson's office will hold "office hours" on Monday, February 28th from 5:30 unti17:30 pm in the lobby of City Hall. This is scheduled to coincide with the city commission meeting beginning at 7:15 pm so that it will be easy for citizens to meet with the Senator's staff. Work Session; The next work session on community character is scheduled for next Monday, February 14th from 3:00 pm unti17:00 pm. Consultant Nore Winter of Winter and Company will attend the meeting. His company was the author of the study entitled "Neighborhood Conservation Strategy" for the City of Alamo Heights, Texas which was distributed to each of you several weeks ago. He is expected to facilitate a discussion on options and strategies for preserving and enhancing the character of Atlantic Beach. 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