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01-27-03 v• CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD WORKSHOP MEETING 5:00 P.M. -MONDAY, January 27, 2003 AGENDA ~,ICall to order 5:00 p.m. Stormwater report by Camp, Dresser & McKee 6:00 p.m. Water and sewer rate restructuring report by Burton & Associates Adjournment In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk. • • MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD ]N ATLANTIC ;BEACH COMMISSION CHAMBERS ON MONDAY, JANUARY 27, 2003. Present: John S. Meserve, Mayor Mike Borno, Commissioner Paul Parsons, Commissioner J. Dezmond Waters, III Also: Jim Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Robert Kosoy, Public Works Director Donna Kaluzniak, Utilities Director Nelson VanLiere, Finance Director • The Mayor called the meeting to order at 5:00 p.m. 1. Stormwater Report by Camp, Dresser & McKee Mike Schmidt of Camp Dresser & McKee (CDM), the firm hired to develop a Stormwater master plan, indicated that their firm had made some additional refinements to the recommendations in their previous presentation, particularly in the Hopkins Creek area. He also showed how the protect could be undertaken in phases and provided estimated costs for each phase. A copy of Mr. Schmidt's presentation is attached hereto as Exhibit A. Discussion ensued and the question was raised as to why Hopkins Creek and the Skate Road drainage ditch could not be enlarged and the stormwater pumped downstream and Mr. Schmidt explained that the St. John's River Water Management District (SJRWMD) would not permit a project that would subject homes downstream to flooding. Mr. Schmidt indicated that if the City could purchase and maintain the Aquatic Gardens Stormwater retention pond, this would be beneficial for permitting purposes. The question was also asked as to whether there would be any benefit in lowering the level of the pond and Mr. Schmidt indicated that there could be some benefit to pumping the pond but said it could only be done within the limits of the permit. ~, Following further discussion it was the consensus of the City Commission that staff should proceed ', to acquire the Aquatic Gardens pond and proceed with Phase I of the CDM recommendations. After '~, the results of Phase I have been assessed, the City could then address additional phases of the project. 2. Water and Sewer rate restructuring report by Burton and Associates Jonathan Varnes of Burton and Associates, the firm that had been hired to undertake a water and ~: • Page Two Minutes -Workshop (January 27, 2003 sewer rate structure study, gave an overview of their approach to the task. He said they had developed several scenarios and presented two scenarios for residential and commercial customers that would be revenue neutral for the City. He noted that Atlantic Beach's current rate structure provides for a minimum charge based on 3,000 gallons, and that a customer pays for 3,000 gallons of water regardless of whether that amount of water was used. He explained that this base rate was eliminated in the scenarios he presented and customers with low consumption rates would most likely see a reduction in their water bills. He provided graphs illustrating how Atlantic Beach's rates compared with other neighboring communities and presented several graphs showing projected revenues under the two scenarios. He also illustrating how homeowners utility bills would be impacted based on several different consumptions. A copy of Mr. Varnes' presentation is attached hereto as Exhibit B. A question and answer session followed. Discussion ensued following which the City Manager confirmed that the scenarios as presented would meet the conservation requirements of the SJRWMD. The City Manager said the first scenario addressed the fairness issue of some customers having to pay for 3,000 gallons of water if their monthly consumption was lower than 3,000 gallons. The second scenario results in a slight decrease for some commercial customers. !It was suggested that the City Commissioners consider the scenarios presented and be prepared to j make a recommendation to staff so that an ordinance could then be prepared to implement the rate changes. The City Manager also reminded the City Commission that a decision would need to be made regarding the 5% franchise fee the City of Jacksonville had started charging several months ago for areas outside the municipal limits. He said the options were to pass this additional charge on to outside customers or to absorb it city-wide. He proposed this matter be postponed until the City Attorney has had an opportunity to address related legal issues. Further discussion ensued and the Mayor suggested the City consider scenario two which, he thought was the least aggressive approach. Commissioner Borno, however, preferred scenario one. Commissioner Parsons felt that scenario one would result in too much of an increase for commercial customers. Commissioner Parsons asked that Mr. Varnes provide some feedback from commercial customers in other cities that had implemented new rate structures. The Mayor was also concerned about the impact of scenario one on commercial customers such as restaurants, and requested that some cost projections for typical commercial customers such as restaurants, car-wash, apartment complex, etc., be provided. 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Approve minutes of the Regular Commission meeting of January 13, 2003 2. Courtesy of Floor to Visitors A. Buddy Hall of James Moore & Company with Audit Report 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings B. Approval of the proposed sign plan of Wilson and Wilson Optical, 615 Atlantic Boulevard 4. Consent Agcnda 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 I THESE ITEMS A. Award contract in the amount of $105.788.78 to Southeast Land Developers for paving and drainage improvements on Dewees, Coquina, Shell and Coral Streets pursuant to the specifications of Bid No. 0203-5 (City Manager) B. Award contract in the amount of $22,000. to Commercial Landscaping for Tree planting pursuant to the specifications of Bid No. 0203-6 (City Manager) C. Extend contract with Tom's Asphalt Repairs, Inc. for small asphalt paving repairs for one year at the current bid prices as submitted under Bid No.0102-9 (City Manager) D. Extend contract with R.L. Lawrence Construction for concrete repairs for one year at the current bid prices as submitted under Bid No. 0102-10 (City Manager} E. Extend contract with Florida Pipe Tech, Inc. for storm water jetting and cleaning for one year at the current bid prices as submitted under Bid No. 0102-8 (City Manager) F. Approve purchase of a heavy equipment trailer pursuant to the specifications of Bid No. 0203-7, from Trail-Eze Trailers at a cost of $12,617 (City Manager) • I~ 5. Committee Reports 6. Action on Resolutions ~7. Action on Ordinances A. Ordinance No. 20-03-57 Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE • CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 (City Manager) B. Ordinance No. 80-02-66 Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22, UTILITIES, ARTICLE II, ~~ WATERWORKS SYSTEM, SECTION 22-20, FEES TO ESTABLISH SERVICE OR RE-ESTABLISH SERVICE AFTER CUT-OFF OR ~ TRANSFER TO INCREASE THE TURN-ON FEE, TO PROVIDE FOR A ~ RE-CONNECT FEE, TO PROVIDE FOR A RE-CONNECT FEE FOR DELINQUENT ACCOUNTS, TO INCREASE THE TRANSFER FEE, TO PROVIDE FOR AN AFTER HOURS FEE, TO AMEND SECTION 22-22, FEE ESTABLISHED FOR RE-READ OF METERS TO INCREASE THE ', RE-READ FEE, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) C. Ordinance No. 95-03-82 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, ADDING A NEW SECTION 5-32 TO ESTABLISH A SCHEDULE OF PARKS AND RECREATION FEES, AND PROVIDING AN EFFECTIVE DATE '~~ D. Ordinance No. 90-03-178 Public Hearing and Final Reading ~~, AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. 90-01- , , 172, CHAPTER 24, ZONING, SUBDIVISION AND LAND ', DEVELOPMENT REGULATIONS, TO ADD NEW SECTION 24-171, COMMERCIAL CORRIDOR DEVELOPMENT STANDARDS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE (City Manager) j E. Ordinance No. 65-03-31 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ~ FLORIDA, RENAMING CHURCH ROAD AND DUTTON ROAD TO DUTTON ~ ISLAND ROAD; AND PROVIDING AN EFFECTIVE DATE (City ~'i Commission) F. Ordinance No. 95-03-83 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5, BEACHES AND PARKS, ARTICLE I, IN GENERAL, ARTICLE II, BEACH SAFETY ZONE, ARTICLE III, PUBLIC '~ PARKS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN I ~ EFFECTIVE DATE (City Commission) ' 8. Miscellaneous Business A. Authorize W. Earl Floyd & Son, Inc. to abandon the existing Howell Park well at a cost of $10,500 and authorize amid-year budget modification; provide • ! direction to staff regarding the construction of the Intermediate Aquifer ', replacement well, headwall. improvements and staff gauge installation (City Manager) -2- _ B. Review proposed changes to Chapters 22 and 24 of the City Code and j authorize staff to draft an ordinance to implement the changes (City Manager) C. Board/Committee Appointments ~; Tree Conservation Board (1) Code Enforcement Board (1) Cultural Arts and Recreation Advisory Committee (1) D. Approve a Change Order in the amount of $27,610 to the contract with Control Design, Inc., to upgrade the SCADA system (City Manager) I~'i9. City Manager I, A. Report regarding proposed zoning changes 10. Reports and/or requests from City Commissioners and City Attorney ;Adjournment ~ If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon ~ which the appeal is to be based. '~ Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to ', the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to 'the Commission Chambers. j Every effort is made to indicate what action the City Commission is expected to take on each agenda item. ~ However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 I?M, Friday, January 24, 2003. ~J -3- MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE • ROAD AT 7:15 P.M. ON MONDAY, JANUARY 27, 2003 PRESENT: John Meserve, Mayor Commissioner Mike Borno Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Richard Beaver, Mayor Pro Tem Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Waters was followed by the Pledge of Allegiance to the Flag. 11 Approval of the minutes of the Regular Commission meeting of January 13, 2003 Motion: Approve the minutes of the Regular Commission Meeting of January 13, 2003 as presented. The motion carried unanimously. Item 7F was taken out of sequence and acted on at this time. Mayor Meserve indicated that strong opposition had been expressed to allowing horses to be ridden on the beach and an amendment to Ordinance No. 95-03-83 would be presented to prohibit the same. F. Ordinance No. 95-03-83 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5, BEACHES AND PARKS, ARTICLE I, IN GENERAL, ', ARTICLE II, BEACH SAFETY ZONE, ARTICLE III, PUBLIC PARKS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE (City Commission) • ~ Motion: Approve Ordinance No. 95-03-83 with the following amendment: In Section 5-17, delete ... "and riding of animals prohibited" from the title and "or any vehicle drawn v v 0 0 T T E E s S M S O E T C I O Y O N E N N D S O COMMISSIONERS BORNO X X PARSONS X X WATERS X MESERVE X BORNO X X PARSONS X WATERS X X Minutes Page -2- January 27, 2003 by a draft animal or to ride any animal ... "The city may require a $25.00 non-refundable application fee, and a deposit not to exceed two (2) times the estimated cost of clean up, to assure that the requesting entity complies with all ~ conditions of the permit." Also, add Section 5-18 Animals, to read as follows: "It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens, poultry or goats on the ocean beach." Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. Stephen Kuti of 1132 Linkside Drive approved of the amended ordinance. Howard Brown (no address given) confirmed that Ordinance No. 95- 03-83, as amended, prohibited horses on the beach. No one else spoke and the Mayor declared the public hearing closed. Following brief discussion the motion carried unanimously. 2: Courtesy of the Floor to Visitors Lisa Bruno of 377 Plaza presented a petition and spoke in opposition to reinstalling the speed bumps on the section of Plaza between East Coast Drive and Seminole Road. The petition is attached and made part of this official record as Attachment A. Brian Christy of 1651 Mayport Road spoke concerning Item 7D, the ordinance establishing commercial corridor development standards along Mayport Road. He thought the proposed enhancements should be Implemented in such a way as to prevent an undue financial burden to business owners. He said fences were necessary and existing fencing should not have to removed within four years to be consistent with the. new requirements. Mike Fogg of 366 Plaza and Hugh Palmer of 374 Plaza spoke in favor . off reinstalling the speed bumps on Plaza. Mr. Fogg provided background information concerning the speed bumps and stated that they were installed more than twelve years ago to reduce the speeding problems at that time. Mr. Fogg's statement concerning the speed bumps is attached and made part of this official record as Attachment B. • Bob Totter of 275 11`" Street inquired concerning the "test criteria" being applied to the decorative crosswalk to be installed at the school and who would be responsible for the follow-up. He thought the city OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- January 27, 2003 i should encourage homeowners to join the Arbor Day Foundation, which provided trees free to homeowners (Item 4B). He also expressed concern that oak trees were being planted on rights-of--way where they would conflict with electrical lines. J.P. Marchioli of 414 Sherry Drive indicated that the seventy-eight citizens who signed the petition for stop signs on Sherry Drive would continue to work for the installation of the signs. He also commented that Howell Park and Dutton Island Preserve, to his knowledge, were not handicapped accessible. Alan Potter of 374 2°~ Street stated that the JEA took several months to repair burned out street lights. He indicated that the light at 1 S` Street and East Coast Drive had burned out and the light at 364 2"`~ Street failed to illuminate the street. I IVIr. Potter reiterated his position that CDM, the city's stormwater consultant, was too expensive. He requested a status report on the Stormwater Report being prepared by CDM. In his opinion, the culvert at the Publix/Aquatic Drive area was too small to carry the water flow and caused the city to flood. He further stated the metal gate on the culvert was still in place and inquired. as to why it had not been removed. Mr. Potter felt establishing Commercial Corridor Development Standards (Item 7D) was an Infringement on a property owners rlghts. He distributed copies of the 5`'' Amendment to the United States Constitution, which in his opinion, protected property owners' rights. Jean Nienhuis of 387 Plaza stated that she works from her home during the day and had not noticed a speeding problem on Plaza. She felt the size of the speed bumps on Plaza was excessive. Stephen Kuti of 1132 Linkside Drive felt there would be no need for speed bumps anywhere in the city if the Police Department enforced the speed limit laws. Mr. Kuti also opposed the $10.00 fee being charged for flag football in Item 7C. City Manager Hanson explained that fees were charged by either private individuals or organizations for tennis, softball and soccer; and the city sponsored flag football and had always charged the fee. Lorraine Gibson of 363 Plaza favored keeping the speed bumps on Plaza. Jolln Murr of Murr's Auto located on Mayport Road agreed with Mr. • Christy, and with beautifying Mayport Road but felt the regulations should be reasonable (Item 7D) OMMISSIONERS M O T I O N S E C O N D Y E S N O j Minutes Page -4- January 27, 2003 A. Buddy Hall of James Moore & Company with Audit Report Buddy Hall, Manager of the audit, presented the audit report and said the i' report complied with all federal, state and local accounting requirements and no weaknesses were found in the internal controls. Mr. Hall commended the city staff for their work in helping to prepare the audit. He then presented a brief overview of the report and indicated the city was in good financial condition. He commended the Commission for their Strategic Plan and suggested that the city maintain reserves for a three to six months period. He reported that the sewer and stormwater funds were not self-sustaining and should be closely monitored. Mr. Hall also reported that the city met its required debt service coverage ratio relative to bond resolution requirements. He also indicated that the Pension Fund, due to the state of the national economy, had lost money this year, but it was not a major concern at this time. (A copy of the audit report is on file in the Office of the City Clerk). 3. Unfinished Business from Previous Meetings A. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment C. Elimination of the West Plaza "Hump": Lane Closures Anew schedule for lane closures was reported as follows: The weekend of February 1St and 2°`~ (Friday at 7:00 p.m. through Monday at 7:00 a.m.) and weeknights from Monday, February 3r`~ through Friday, February 6`h from 7:00 p.m. unti15:00 a.m. the following morning. Fees for Use of Recreation Facilities It was reported that some issues concerning who should be charged the fee had come up and this matter had been turned over to the Recreation and Cultural Arts Advisory Committee for their recommendation. Decorative Crosswalks Design The City Manager provided the design of the proposed decorative crosswalks and it was the consensus of the City Commission to proceed with the installation of the crosswalk on Sherry Drive at the school. Bob OMMISSIONERS M O T 1 O N S E C O N D Y E S N O Minutes Page -5- January 27, 2003 Kosoy pointed out that a small ramp would be required to minimize the bump and the City Commission concurred. B. Approval of the proposed sign plan of Wilson & Wilson Optical located at 615 Atlantic Boulevard The owners of Wilson and Wilson Optical made a visual presentation illustrating the placement of an 8' x 8' monument sign at various locations on their property. • After a complete discussion of the problems related to placing a monument type sign on the property, the Commission requested that the Wilsons bring back to the next Commission Meeting specific plans for different types of signs that would work on the property, and if needed, to submit an application for a variance to the sign ordinance. 4. Consent Agenda: Mayor Meserve requested that Item 4B be removed from the Consent Agenda for discussion. A. Award contract in the amount of $105,788.78 to Southeast Land Developers for paving and drainage improvements on Dewees, Coquina, Shell and Coral Streets pursuant to the specifications of Bid No. 0203-OS (City Manager) C. Extend contract with Tom's Asphalt Repairs, Inc. for ~~, small asphalt paving repairs for one year at the current bid prices as submitted under Bid No. 0102-9 (City Manager) D. Extend contract with R. L. Lawrence Construction for concrete repairs for one year at the current bid prices as submitted under Bid No. 0102-10 (City Manager) E. Extend contract with Florida Pipe Tech, Inc. for '; stormwater jetting and cleaning for one year at the ', current bid prices as submitted under Bid No..0102-8 (City Manager) F. Approve purchase of a heavy equipment trailer pursuant to the specifications of Bid No. 0203-7, from Trail-Eze '~ Trailers at a cost of $12,617 (City Manager) Motion: Approve Consent Agenda Items A, and C- F as presented. C~ The motion carried unanimously. i OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -6- ' January 27, 2003 B. Award contract in the amount of $22,000 to Commercial Landscaping for tree planting pursuant to the • specifications of Bid No. 0203-6 (City Manager) Mayor Meserve inquired as to the choice of Sweet Gum trees as a substitute for Crepe Myrtles. He believed this type of tree was an undesirable tree for rights-of--way plantings. Commissioner Waters inquired concerning the choice of 50 Sable Palms and stated he objected to spending money on palm trees. City Manager Hanson indicated the palms would be used to replace palms missing from the palm colonade. Motion: Defer action on Item 4B to the February 10, 2003 Commission Meeting. There was no further discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. . 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 20-03-57 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 (City Manager) Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No one spoke for or against the ordinance and the Mayor closed the public hearing. Motion: Approve Ordinance No. 20-03-57 on final reading. There was no discussion and the motion carried unanimously. • B. Ordinance No. 80-02-66 Public Hearing & Final Reading AN ORDINANCE AMENDING CHAPTER 22, UTILITIES, ARTICLE II, WATERWORKS SYSTEM, OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X X PARSONS X X WATERS X MESERVE X BORNO X X PARSONS X WATERS X X, MESERVE X Minutes Page -7- January 27, 2003 SECTION 22-20, FEES TO ESTABLISH SERVICE OR RE-ESTABLISH SERVICE AFTER CUT-OFF OR • TRANSFER TO INCREASE THE TURN-ON FEE, TO PROVIDE FOR A RE-CONNECT FEE, TO PROVIDE FOR A RE-CONNECT FEE FOR DELINQUENT ACCOUNTS, TO INCRESE THE TRANSFER FEE, TO PROVIDE FOR AN AFTER-HOURS FEE, TO AMEND SECTION 22-22, FEE ESTABLISHED FOR RE-READ OF METERS TO INCREASE THE RE-READ FEE, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) Motion: Approve Ordinance No. 80-02-66 on final ', reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. Lynn Drysdale of 1768 Ocean Grove Drive stated that the proposed reconnect fee was double the amount previously charged and would cause a hardship for those who could least afford to pay the increased fee. • Bob Totter of 275 11`" Street expressed the same concern as Ms. Drysdale. J.P. Marchioli of 414 Sherry Drive suggested charging a larger deposit to habitual delinquent accounts. Since no one else wished to speak regarding the ordinance, the Mayor closed the public hearing and pointed out that the fees reflected the actual costs to provide the service. Commissioner Waters agreed with the concerns expressed and stated that if there had to be a reconnect fee, a $20.00 fee would be more reasonable. Amendment to the Motion: Set the reconnect fee at $20.00. The amendment to the motion was lost due to a tie vote, with Mayor Meserve and Commissioner Waters voting aye and Commissioners Borno and Parsons voting nay. Discussion ensued and City Manager Hanson explained the rate • structure was based on real costs incurred by the city to perform the service. He indicated that many of those who had their water turned OMMISSIONERS NI O T t O N S E C O N D Y E S N O BORNO X X PARSONS. X X WATERS X MESERVE X BORNO X PARSONS X WATERS X X MESERVE X X Minutes Page -8- January 27, 2003 off were habitually delinquent. Commissioner Parsons inquired concerning assistance for paying utility bills for low income families. City Manager Hanson indicated that help was available through various charitable organizations. There was no more discussion and the motion carried unanimously. C. Ordinance No. 95-03-82 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, ADDING A NEW SECTION 5-32 TO ESTABLISH A SCHEDULE OF PARKS AND RECREATION FEES, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 95-03-82 on final reading. Mayor Meserve read the ordinance by title only, and opened the floor for a public hearing. Bob Totter of 27511`' Street inquired concerning the $10.00 fee for flag football. City Manager Hanson responded that it was the only sports program run by the city and the fee had always been charged. No one else spoke for or against the ordinance and the Mayor declared the public hearing closed. There was no more discussion and the motion carried unanimously. D. Ordinance No. 90-03-178 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE N0.90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, TO ADD NEW '~ SECTION 24-171, COMMERCIAL CORRIDOR DEVELOPMENT STANDARDS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE (City Manager) i ~ Motion: Approve Ordinance No. 90-03-178 on final reading. Bob Totter of 275 11tF' Street read a letter written by Michael Hoffman to the Editor of the Beaches Leader opposing the OMMISSIONERS M 0 T I O N S E C O N D Y E S N O BORNO X X PARSONS X WATERS X X MESERVE X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -9- January 27, 2003 establishment of a Commercial Corridor along Mayport Road as being detrimental to the adjoining residential neighborhoods. Atillio Cerqueira of 580 Mayport Road inquired concerning the provisions of the ordinance relative to the construction standards for the Commercial Corridor. He indicated that he was in the process of having engineered drawings completed for a building and inquired if a steel building would be acceptable on Mayport Road. Mayor Meserve responded that the construction standards had not changed but there would be changes for exterior finishes on the front side of new buildings and additions facing Mayport Road. Mayor Meserve indicated that existing buildings would be grandfathered in. . John Murr of Murr's Autos inquired concerning the fences of residential properties facing Mayport Road would have to be removed. Mayor Meserve responded that the new designation would only affect commercial properties. No one else spoke and the Mayor declared the public hearing closed. I Discussion ensued and Commissioner Waters pointed out that there were residential properties located within the commercial zones. Community Development Director Doerr stated that this matter would be addressed during rezonings subsequent to the Comprehensive Plan amendment process. She indicated that residentially platted property should be zoned residential. Fences were discussed in detail and Ms. Doerr pointed out that the ordinance prohibited the use of chain link, barbed wire, razor wire and concertina wire and like fences in any required front yard or yard adjoining a street. It was also pointed out that buffers were required between commercial and residential development. Commissioner Borno inquired if existing bay doors facing Mayport Road would have to be changed. Ms. Doerr stated that they would be permitted to stay unless the use of the building changed. Commissioner Borno pointed out that chain link fences were needed for security in the commercial corridor and suggested that reasonable relief be granted to business owners~relative to their security fences. Ms. Doerr indicated that security type fences were allowed at the rear of the properties, but it was difficult to have an aesthetically pleasing frontage with that type of fencing. ~, OIv1MISSlONERS M O T I O N S E C O N D Y E S N O Minutes Page -10- January 27, 2003 Mayor Meserve said the City was trying to improve the aesthetics of the area and adoption of the ordinance would set up a framework for • the future, with existing businesses being "grandfathered" in. He believed that if nothing was done, Mayport Road would continue to develop in its current hodgepodge fashion. There was no further discussion and the motion carried by a three to one vote with Commissioners Parsons and Waters and Mayor Meserve voting aye and Commissioner Borno voting nay. E. Ordinance No. 65-03-31 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, RENAMING CHURCH ROAD AND DUTTON ROAD TO DUTTON ISLAND ROAD; AND PROVIDING AN EFFECTIVE DATE (City Commission) Mayor Meserve read the ordinance by title only and explained the change of wording in the ordinance to include the renaming of Dutton Road and Church Road to Dutton Island Road. Mayor Meserve indicated that the public hearing for this ordinance would beheld February 10, 2003. Motion: Approve Ordinance No. 90-03-178 on first reading. There was no discussion and the motion carried unanimously. F. Ordinance No. 95-03-83 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5, BEACHES AND PARKS, ARTICLE I, IN GENERAL, ~~, ARTICLE II, BEACH SAFETY ZONE, ARTICLE III, ~I PUBLIC PARKS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE (City Commission) Item 8F was taken out of sequence and approved, as amended, earlier in the meeting. 8. Miscellaneous Business: A. Authorize W. Earl Floyd Si Son, Inc. to abandon the existing Howell Park well at a cost of $10,500 and authorize amid-year budget modification; provide direction to staff regarding the construction of the Intermediate Aquifer replacement well, headwall OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -11- ~ January 27, 2003 improvements and staff gauge installation (City Manager) • Motion: Authorize W. Earl Floyd & Son, Inc. to abandon the existing Rowell Park well at a cost of $10,500. Do not replace with a shallow well at this time, monitor it for one year and at that time decide whether or not to construct an intermediate aquifer replacement well. Commissioner Waters stated that he was opposed to capping the Howell Park well since he believed it would negatively impact water flow through the park and lagoon system. Commissioner Borno inquired why the well. was originally installed and the City Manager said it was his understanding the well was installed to augment the flow through the Selva Lagoon system during dry times. It was further explained that the St. Johns River Water Management District (SJRWMD) was requiring that the deep well be abandoned and was allowing it to be replaced with an intermediate aquifer well to maintain the Howell Park pond, but not to provide flow in the lagoon. • Utility Director Kaluzniak pointed out that the well abandonment must be completed to meet the city's Consumptive Use Permit requirements, and if the city did not comply, the SJRWMD could fine the city up to $10,000 per day. Discussion ensued and it was the consensus of the Commission to hold off on the installation of the new well. Thee being no further discussion, the motion carried by a three to one vote with Commissioners Borno and Parsons and Mayor Meserve voting aye and Commissioner Waters voting nay. B. Review proposed changes to Chapters 22 and 24 of the i City Code and authorize staff to draft an ordinance to implement the changes (City Manager} A brief discussion ensued and it was the consensus of the Commission to authorize staff to draft an ordinance(s) to implement the required changes to Chapters 22 and 24 of the City Code. C. Board/Committee Appointments Tree Conservation Board (1) • Code Enforcement Board (1) Cultural Arts and Recreation Advisory Committee (1) OMMISSIONERS M O T I O N S E C 0 N D Y E S N 0 BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -12- January 27, 2003 Mayor Meserve nominated Tom Hill for appointment to the Tree Conservation Board, Chris Shea for appointment to the Code • Enforcement Board and Betsy Tidwell for appointment to the Cultural Arts and Recreation Advisory Committee. i Motion: Appoint Tom Hill to fill the unexpired term of Carol Rockwood on the Tree Conservation Board, appoint Chris Shea to fill the unexpired term of James Pelkey on the Code Enforcement Board, and appoint Betsy Tidwell to the fill the unexpired term of Barbara Hopson on the Cultural Arts and Recreation Advisory Committee. There was no discussion and the motion carried unanimously. D. Approve a Change Order in the amount of $27,610 to the contract with Control Design, Inc., to upgrade the ~, SCADA system ~ Motion: Approve a Change Order in the amount of ', $27,610 to the contract with Control Design, Inc., to upgrade the SCADA system. City Manager Hanson explained the request and pointed out by . investing the $27,610 now, the city would save $22,000 per year when the contract with BellSouth expires. It was pointed out that the upgrade also provided future possibilities of using the improved radio system, for police laptops to communicate with the city network and for security cameras at the city parks. There was no discussion and the motion carried unanimously. 9. City Manager A. Report regarding proposed zoning changes. Community Development Director Doerr explained that an ordinance would be placed on the next Commission agenda for first reading to redesignate the lands presently classified as Open Rural (OR) to the new zoning designation of Conservation (COIF. Strategic Planning Sessions • The City Manager reported that this year's Strategic Planning Sessions were scheduled from 5:00 - 9:00 p.m. on March 5`h and 6`h at the Sea Turtle Inn. • II OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X PARSONS X WATERS X X MESERVE X X BORNO X X PARSONS X X WATERS X MESERVE X i Minutes Page -13- i January 27, 2003 Unites States Post Office Property on Mayport Road • j •'• Reported he would be working with the Post Office and JTA • on a proposal to reconfigure an entrance to the Post Office property from Plaza. He explained that the Post Office agreed conceptually to placing an entrance on Plaza, but had no funds to make the required improvements on their property and an alternative method of funding was being considered. There were no objections. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Inquired if the reflector tiles removed from Seminole Road would be replaced. Public Works Director Kosoy indicated they would be replaced. Commissioner Waters • Inquired concerning the necessity of purchasing the heavy equipment trailer (Item 4F). Public Works Director Kosoy ', stated that the current trailer used to transport the Menzie ~I Mucker was old and inefficient. Commissioner Parsons • Believed that when traveling in a westerly direction on Atlantic Boulevard the turn onto Mayport Road was not very well signed and asked Director Thompson to check on this signage. • Stated he would like to review a copy of the study resulting in the placement of speed bumps on Plaza. • Inquired as to the size of the replacement speed bumps for Plaza. Public Works Director Kosoy indicated that Aikenhead and Odom's traffic engineers had recommended three (3) longer, lower sloped speed bumps with white warning stripes as the bumps are approached. • Reported that he had spoken to a Neptune Beach Councilor • who suggested that for an incentive for businesses in the business corridor to bring their signs into compliance, sign permits could be issued at no cost for a period of five years, OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -14- January 27, 2003 with all signs being brought into compliance within ten years. Staff was directed to draft language into the current ordinance to reflect the suggested changes. There being no further discussion or business to e before the City Commission, the Mayor declared the me i 'ourned at 10:25 p.m. J n es rve Att st: , ,~ ~ Mayo r sidi Officer G -~ , Maureen King Certified Municipal C;l~rk • OMMISSIONERS M O T I O N S E C O N D Y E S N O . '~ ~. , PETITION TO ELIMINATE SPEED BUMPS ON PLAZA 4 BETWEEN SEMINOLE AND EAST COAST DRIVE. ~' I AM AGA[NST THE PROPOSED PLACEMENT OF : • ~~ ~~~ ~ ~ • 22 FT LENGTH SPEED BUMPS EVERY 350 FEET ,EVERY 5 H o HOUSES iN MOST CASES. czi w ~ 0 • HZ FEET OF YELLOW STRIPING _PAINTED ON THE STREET ~ H PR10R TO THE BUMP gZ ~ X 3 " a' ~ (~ -~ ~" `fvrta-2 ~c,~.cl~ S ti~- ~ yellow vn ra~.k- ~,~ ~~-~-'~ x • 3 SIGNS iN THE MEDIAN EVERY 350 FT WARNING OF SPEED BUMP. 1 LIVE ON PLAZA AND DO ItitOT WANT SPEED BUMPS ON MY STREET BECAUSE • SPEED BUMPS CAUSE ADDITIONAL NOISE, AND POLLUTION iN FRONT OF MY HOUSE AND MY STREET (ESPECIALLY FROM COMMERCIAL VEHICLES). • WE HAVE A NEW STREET, CURBS AND SIGNAGE AND YELLOW STRIPING ON THE ROAD IS UNSIGHTLY AND RUINS THE AESTHETIC $ OF THE BOULEVARD. '+• PRESENTS DIFFICULTY FOR EMERGENCY VEHICLES (FIRE AMBULANCE, POLICE) AND SANITARY SERVICES TO DO THEIR JOB(S). •:• SPEED BUMPS ARE NOT A DETERRENT TO TRAFFIC SAFETY & THERE ARE NO OTHER SPEED BUMPS IN RESIDENTIAL ATLANTIC BEACH _ Vv ~¢ e L i m ~ va.~ O n g `t'~~t-" ~CUt,l2,~i~ ~ g ~-~`1~ O n ~1~, s ~ c~. ~-e o~ •o GAI CONSULTANTS, FIRE, AND POLICE DEPARTMENTS ~~~ RECOMMENDED NOT TO REPLACE THE SPEED BUMPS. AME _ v - _ ADDRESS 3 ~~- ~P 1 ~ z~. THERE IS A CITY COMMISSION MEETING TONIGHT @ 7:15 PM, ! WILL BE • SPEAKING ON BEHALF OF MYSELF & THOSE THAT CANNOT ATTEND. PLEASE SIGN AND DELIVER TO LISA BRUNO 377 PLAZA . .._ I live on Plaza and do not want speed bumps on my street NAME ADDRESS ~ ~ P,~.,~ 1 ~~,. ~~~~~~,,, 393 ~~,~. C7 ~ ~~ ~/~Z 375 ~a- ~~ ATTACHMENT B JANIIARY 27, 2003 COMMISSION ~ MEETING i SOS ~ Save Our Speed Bumps 1-lelp Save our Children, Pets, and quality of life: • About a dozen years ago, when our son was small, the traffic sped down Plaza at such a high rate, of speed that it was dangerous to walk on the sidewalks. A large dog was broadsided and ~, killed next door to us by a truck going close to 40 mph. Several of us got together and petitioned the city council to put In speed bumps. They agreed to look Into it. Chief Thompson put police cars with radar on the Plaza. They clocked some speeders going over 50 mph, and many going over 40, between the stop signs at Seminole Rd. and East Coast Dr. (more than double the 20 mph speed limit). After these results were documented the city council voted (I believe unanimously) to put speed bumps on our road. The speed bumps made a tremendous difference. As they aged and became worn some drivers learned how to speed over them an~ci_ke~w~~~tk~e-xn. Are firemen against our speed bumps? 1 know one who lives on Plaza who is very much In Favor of them. He has a small child who walks and bicycles on our sidewalks. If we allow the city council to be talked into not replacing our speed bumps, because of the desires of one Individual on our street (or even perhaps a small minority), we will all have to live with excessive speeders on Plaza Expressway until something tragic happens, causing the speed bumps to be reinstated. We too encourage you to speak at the city council meeting tonight and express your views. Michael and Marian Fogg, 366 Plaza ATTACI~SENT C JANIIARY 27, 2003 CON.PSISSION •~ MEETING 'January 21, 2003 MEMORANDUM 'TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans i y anager 'SUBJECT: Follow-up eport « ~~~. ~! Elimination of West Plaza Hump ,Lane Closures; It was previously reported that the ,contractor chosen by JTA to do the construction necessary to eliminate the "hump" at the , ,entrance to West Plaza near Mayport Road would be closing the right hand lane traveling south on Mayport Road between the hours of 7:OOam and noon over several days to complete the work. The contractor has determined that the short lane closures would create undue difficulties ', and requested an alternate schedule, which will be better for both the contractor and the general I, public. The new schedule will include the weekend of Feb 1 ~` and 2"`~ (Friday at 7:OOpm through ', Monday at 7:OOam) and weeknights from Monday, Feb 3"'through Friday Feb 6'" from 7:OOpm until S:OOam the following morning. The Navy has been advised of this change of schedules. Fees for Use of Recreation Facilities; Included on the Commission's agenda for adoption at the January 27` meeting is an ordinance that would place a $50.00 charge for the use of City ~, buildings. A discussion among staff has come up about which groups the charge would apply to. ', For those groups where the City has already leased the facilities (ABET, Baseball Association, etc) the charge would not be appropriate. For purely private functions such as awedding i, reception, the charge should be made. However, there are a number of other users where the fee is questionable. These would include various open to the public meetings or events that benefit the citizens at large. One example would be regular meetings of Alcoholics Anonymous. City staffplans to ask the Recreation and Cultural Arts Advisory Committee for their 'recommendation on this issue unless the Commission has some other directions. Design for Decorative Crosswalks; At the last meeting, Commissioners voted to fund the installation of decorative crosswalks on East Coast and Sherry Drive and expressed an interest in the design. A drawing of the design should be available for review by the time of the meeting on 'January 27`h. • 1~ AGENDA ITEM #3A JANUARY 27, 2003 8 J ~ Q ~ ~)- N d' O W ~ S U !~ H U O ~ ~. a U ~ W W K ~ U O a ~ ~Y 3 ~~ U m a.