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03-24-08MINUTES REGULAR CITY COMMISSION MEETING March 24, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons (arrived 6:23) City Clerk Donna Bussey Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on March 10, 2008. Motion: Approve the minutes of the Regular Commission Meeting on March 10. 2008, as amended with scrivener's chances. Moved by Borno, seconded by Fletcher. Votes: Aye: 4 -Borno, Fletcher, Meserve, Woods Nay: 0 - MOTION CARRIED (Parsons not in attendance for vote) Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. A. Presentation of Preliminary Engineering Study Recommendations for Royal Palms Infrastructure Improvements Mr. Hanson introduced Grant Misterly of Applied Technology and Management (ATM). Mr. Misterly -Senior Engineer, further introduced Tom Roberts -Senior Engineer and Kayle Moore -Staff Engineer, also of Applied Technology and Management, stating at the end of his presentation they will also be available for questions if needed. Mr. Misterly presented a summary of ATM's preliminary engineering report for the existing stormwater system in the Royal Palms Subdivision, outlined three alternative designs for stormwater improvements, and explained the prioritization matrix which resulted in ATM's recommendation of proceeding with Alternative 3. After further discussion, it was the consensus of the Commission to support Alternative 3. Walter Brown, temporary Building Official, announced the City has hired a full time building official who starts on Monday and thanked the City for the opportunity to serve stating he has enjoyed working with the City's very professional staff. He stated if his company can be of future use to the City, they would love the opportunity to March 24, 2008 REGULAR COMMISSION MEETING Pa e 2 come back. Mayor Meserve thanked Mr. Brown for the good work he has done for the City. Kelly Elmore, 1650 Beach Avenue, addressed the Commission regarding the Resolution for approval of the art competition for the roundabout. He stated both Atlantic Beach Commission and Neptune Beach Council will have an opportunity for final selection approval. Stephen Kuti,1132 Linkside Drive, stated he is against the proposed partial development of the wetlands across from his house in Selva Marina by Selva Preserve LLC. He stated these wetlands are critical to prevent flooding and are home to many animals. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting City Manager Hanson reported staff wants to transfer $3,000 for the Fletcher High School Band temporarily from among the accounts rather than do the budget amendment requested by the Commission. He stated this will avoid doing a separate budget amendment at this time and it can then be added to the next budget amendment. He also reported there will be a workshop on the Mayport Corridor tomorrow night at 5:00 pm. Mr. Hanson also stated the Commission requested during the strategic planning workshops that the strategic plan be adopted by resolution. He distributed a draft copy of the resolution and proposed this be ready for adoption at the next regular meeting. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Building Department, Financial and Utility Sales Reports for February 2008. B. Authorize the Mayor to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution of 9-1-1 user fees. C. Extend the contract with Bluewater Environmental of Florida, Inc. for Ditch Spraying and Maintenance for one year at the current prices. Mayor Meserve read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. March 24, 2008 REGULAR COMMISSION MEETING Page 3 Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 08-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENDORSING A PROJECT TO PLACE PUBLIC ART AT THE EASTERNMOST END OF ATLANTIC BOULEVARD (in Town Center) Motion: Approve Resolution No. 08-05, as read Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 1 -Borno MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-08-203, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, AS ADOPTED BY ORDINANCE NUMBER 90-01-172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS TO DELETE SUBSECTION (c) (1), FLOOR AREA RATIO, AND ALSO CREATING NEW SUBSECTIONS (e) AND (f) TO ESTABLISH VARIANCE AND REVIEW PROVISIONS RELATED TO THE RESIDENTIAL DEVELOPMENT STANDARDS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 90-08-203 by title only. Motion: Approve Ordinance No. 90-08-203 as read Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so Mayor Meserve closed the Public Hearing. March 24, 2008 REGULAR COMMISSION MEETING Paee 4 Votes: Aye: 4 -Borno, Fletcher, Meserve, Parsons Nay: 1 -Woods MOTION CARRIED B. Ordinance No. 95-08-95, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, AND CHAPTER 12 NUISANCES, TO AMEND AND UPDATE VARIOUS ANIMAL CONTROL PROVISIONS, MAKING CERTAIN ANIMAL CONDUCT NUISANCES, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 95-08-95 as read Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. No one from the audience spoke so Mayor Meserve closed the Public Hearing. Commissioner Borno thanked staff, stating a lot of hard work went into this ordinance. Commissioner Fletcher also thanked Captain Classey, Chief Thompson and staff who made these revisions and believes they are in touch with the issues they were addressing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request from the 6''' Street Beach Access Committee for a~proval of plantings on public right-of--way, and matching funds of $2,500 at 6 Street Beach Access. Item was pulled from the agenda by the requestor, Rodney Margol. B. Request to approve contractor for Royal Palms Sewer Rehabilitation Phase I. Public Works Director Donna Kaluzniak gave a slide presentation on the sanitary sewer rehabilitation for Royal Palms Subdivision. Motion: Authorize Insituform Technologies, Inc to provide cured in place piping work in the north and east sections of the Roval Palms subdivision in the amount of $711.951.15. using pricing in JEA Contract No WCS-066-07 and authorize a 5% conhngency; and authorize Concrete Conservation, Inc to provide manhole rehabiLtahon in the amount of $81,846 using pricing in JEA Contract No WCS 135-03. Moved by Borno, Seconded by Parsons March 24.2008 REGULAR COMMISSION MEETING Pace 5 Votes: Aye: 5 -Borno, Fletcher Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Report on possible construction of a walkway for Selva Marina Drive North of Saturiba. Public Works Director Rick Carper gave a slide presentation on the possible construction of a 5 ft. wide asphalt walkway for Selva Marina Drive North of Saturiba. Commissioner Pazsons stated he brought this up only because of safety reasons. Commissioner Borno stated the priority list should be looked at for the $100,000 budgeted for bike paths/sidewalks that have not been committed yet this year. Commissioner Woods stated she is concerned about a paved walkway in that area because it will change the look and feel of this pazticulaz stretch of the road. She also was concerned that it may affect the drainage. Commissioner Fletcher stated he would like to see a prioritization of how the $100,000 budgeted for bike paths/sidewalks aze proposed to be spent. Mr. Carper stated he will compile a list of what he would recommend as priorities and bring it to the Commission for their review. Mayor Meserve suggested this issue be brought back at the next meeting after the prioritization of the sidewalk projects. D. Agreement with Atlantic Beach Public Arts Commission, Inc. for public art at Five-Points Intersection. Mr. Hanson explained staff has concluded it would be best for Atlantic Beach to take over this project, with the exception of the one remaining responsibility of the Atlantic Beach Public Arts Commission being to raise the remaining funds needed to mount the sculpture. He proposed that Atlantic Beach take over the agreement with the artist and pay her when the sculpture is delivered satisfactorily and take over the obligations of the City of Jacksonville. He stated the only agreement Atlantic Beach needs to sign off on is the Assignment of Agreements with the Atlantic Beach Public Arts Commission. He stated Atlantic Beach is not to be a signatory to the agreement between Jacksonville and Atlantic Beach Public Arts Commission. Motion: Authorize Citv Manager to execute the Assignment of Agreements on behalf of the City of Atlantic Beach. Moved by Parsons, Seconded by Borno Commissioner Fletcher asked, by accepting the assignment of these contracts, is the City exposing itself to further financial obligations associated with this. Mr. Hanson stated the only additional financial obligations he is aware of are for the installation of March 24.2008 REGULAR COMMISSION MEETING Paee 6 the statute and its maintenance in the future. Mr. Parsons stated the Atlantic Beach Public Arts Commission is confident they can raise the funds for the installation and base and stated maintenance on a bronze sculpture will be very low. Commissioner Woods suggested work not proceed on the statute until some of the money is raised for the installation. Commissioner Fletcher stated if the Atlantic Beach Public Arts Commission is confident they can raise the money, then he believes the Commission should support it. Mayor Meserve agreed, stating the Commission has already voted on restoring the funds so putting caveats on it after the fact is wrong. Commissioner Borno stated, although the five-points area has been alluded to, the location of the artwork has not been agreed to and he believes this should be approved without deciding the location and the Commission can make that decision in the future. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Public Safety 2007 Annual Report. Captain Mike Classey presented a slide show summarizing the Public Safety Annual Report for 2007, pointing out there was a total crime rate increase from 2006 of 10.1 %. Commissioner Parsons reminded everyone there will be another public meeting with Art Graham on the Mayport Road Beautification Project in the Commission Chamber on March 31 at 6:00 pm and suggested the concerned citizens who have been attending the meetings at Donner Park be invited to that as well. Recommendation for Item l0A was taken out of sequence and addressed at this time. New Appointments (taken out of sequence) A. Recommendation for new appointments to the Cultural Arts and Recreation Advisory Committee Motion: Recommend apuointing Cris Garrard to the Cultural Arts and Recreation Advisory Committee to fill an unexpired term endinE July 8, 2008 and for an additional two-year term ending July 8, 2010 Moved by Borno, Seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Motion:_Recommend aunointin~ Lynne Knecht Roskein to the Cultural Arts and Recreation Advisory Committee to fill an unexpired term ending July 8, 2008 and for an additional two year term ending July 8, 2010 Moved by Borno, Seconded by Fletcher March 24 2008 REGULAR COMMISSION MEETING pa e ~ Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson commended Captain Classey and the Police Department stating a response time of under 3 minutes is excellent. Reported there was another alcohol deployment checking 18 businesses and only 1 sold to minors, King Food Store on Seminole Road. Reiterated there will be a meeting on the Mayport Median Project on Monday, March 31 at 6:00 pm in the Chamber. He stated this meeting will provide detailed information to business owners, residents and others about the project timing, communications, and details about specific locations. He stated the Commission and press are welcome to attend. Mr. Hanson reported on the request from the citizen at a prior meeting who wanted to pay less than others pay for garbage collection because he had less garbage. He stated there are such systems across the country called "pay as you throw" systems which have volume-based pricing. He stated he has a 2002 study on these systems if anyone would like to see it. Mr. Hanson pointed out the variable pricing systems cost money to administer. He stated while some will pay less, others will pay more, but on average everyone pays more because of the higher administrative costs. He stated the reasons cities do this, even though the cost is higher, are to increase recycling and yard composting, by encouraging their citizens to produce less garbage. Mr. Hanson stated Atlantic Beach already has a very good rate of recycling (approximately 80% recycle), and he doesn't believe we need this type of system, unless the Commission directs staff to do so. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney (Item l0A was taken out of sequence and acted on earlier in the meeting.) Commissioner Parsons • Reported he believes the City needs to do more to get the merchants in the Mayport area more involved and concerned. Commissioner Borno Mentioned several recent letters including one from Pat Pillmore which he believes was an eye opener, another from the St. Johns River Water Management regarding the governing board's projects on Apri13, and a thank you from the owners of the shopping center where the Commission allowed the Allied Veterans Post to go in. March 24, 2008 REGULAR COMMISSION MEETING Paee 8 Reported on the Northeast Florida League of Cities meeting in Starke. He stated the speaker was John Thomas, Director of Legislative Public Affairs for Florida League of Cities. Mayor Meserve • Stated he will be meeting with legislators on April 15 and 16 to discuss issues of home rule, taxes, etc. • Reported he received a call from a representative of a local industrial base who stated they would like to take on the Mayport Corridor as their Outreach Program and help the City with that. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:49 pm. ATTEST: (ham. ~ r Donna L. Bussey, CMC City Clerk S~N~ese~e, Mayor/Presiding Officer