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12-08-03 v • CITY OF ATLANTIC BEACH COMMISSION MEETING DECEMBER 8, 2003 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of November 24, 2003 2. Courtesy of Floor to Visitors A. Kevin Feldt, JTA, with a report on the proposed overpasses on Atlantic Boulevard at Hodges and Kernan Boulevards 3. Unfinished Business from Previous Meetings A. Report and related action on Sidewalk at 5'" Street and Sherry Drive 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 ofthe following monthly reports: New Occupational Licenses, Public Works and Public Utilities Project Status Report • 5. Committee Reports A. Report from the Tree Conservation Board -Maureen Shaughnessy 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 90-03-184 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ENACTING AMENDMENTS TO THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA. SUCH REGULATIONS SHALL BE RE- ADOPTED BY REFERENCE AS ARTICLES I THROUGH IV OF CHAPTER 24 OF THE CODE OF ORDINANCES, AS PREVIOUSLY ADOPTED THROUGH ORDINANCE NO. 90-03-182. THIS ORDINANCE ALSO PROVIDES FINDINGS OF FACT, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, OR PORTIONS THEREOF AND PROVIDES FOR AN EFFECTIVE DATE v v 0 0 T T INUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E TY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 S s .M. ON MONDAY, DECEMBER 8, 2003 PRESENT: John S. Meserve, Mayor Richard M. Beaver, Mayor Pro Tem Paul B. Parsons Sylvia N. Simmons J. Dezmond Waters, III, Commissioners AND: Maureen King, City Clerk M s Alan C. Jensen, City Attorney O T E C David Thompson, Public Safety Dir., (Substituting for Jim I O y Hanson) O N E N N D S O ABSENT: Jim Hanson, City Manager COMMISSIONERS Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission Meeting of Novcmbcr 24, 2003 BEAVER X Motion: Approve the minutes of the Regular Commission Meeting of PARSONS X X Novcmbcr 4, 2003 as presented. SIMMONS X WATERS X X The motion carried unanimously. MESERVE X 2. Courtesy of the Floor to Visitors A. Kevin Fcldt, JTA, with a report on the proposed overpasses on Atlantic Boulevard at Hodges and Kernan Boulevards Kevin Feldt of the Jackkonville Transportation Authority (JTA) stated that the interchanges were part of the Better Jacksonville Plan and explained how the intersection study was conducted and the evaluation criteria used to determine the need for the overpasses. Mr. Feldt presented the four alternatives for the Kernan intersection and indicated that the JTA was recommending Alternative #3, Atlantic over Kernan, to the Jacksonville City Council. A summary of the report is attached and made part of this official record as Attaclimeiit A. Mr. Feldt indicated that the JTA was deferring its recommendation on the Hodges Boulevard intersection to give them time to consider an expanded network analysis to determine if the same type of intersection as that being recommended for Kernan would offer the best solution for the traffic problems at Hodges. question and answer session followed the presentation. Commissioner Waters ported construction of the overpass and stated that he was frustrated with the light lncatr~rl ~t the Pntronr•a fn (ln n L7.,.d.,, ...7 , ...] .. _L__ ~t _ u i Minutes Page -2- December 8, 2003 vith others in the area. Mr. Feldt agreed and responded that a study of other ersections on Atlantic Boulevard was being conducted before a decision was made ncerning the Hodges overpass. He also briefly reported on a study relative to Intelligent Traffic Systems (ITS), which would address traffic light synchronization from a central location. Mayor Meserve inquired if the JTA was assuming the overpass at Kernan would be approved by the Jacksonville Council, while continuing with the study of the Hodges intersection and other intersections on Atlantic Boulevard. Jacksonville Council Member Art Graham indicated that it appeared the Jacksonville Council would approve Alternate #3 for the Kernan intersection, but they were also looking at the other intersections before committing to the expense of the overpass. Alai Potter of 374 Second Street expressed concern for the cost of building medians on Mayport Road suggested that the city consider placing plastic barricades in the center lane of Mayport Road to create an on-site test area before committing funds for the medians. J.P. Marcltioli, 414 Sherry Drive commented on the following: (1) The need for white warning lines to be painted on the street preceding the crosswalks, (2) Suggested the use of the cloverleaf designed intersections on Atlantic Boulevard to keep traffic moving, (3) Suggested that the Commissioners conduct workshops to discuss major projects, and (4) opposed taking of any property on 5`'' Street for a sidewalk (Item 3A). ~ne Wytzka of 352 Second Street stated that the construction project at 328 Second street had become a "quality of life" issue and complained concerning the litter and early morning noise associated with the project. She also reported that her neighbor had a palm tree and a large oak tree, which were growing near the electric lines, removed from her property by the Jacksonville Electric Authority (JEA). Ms. Wytska indicated that a 4' holly tree had been planted in place of the oak tree and inquired if this was allowed under the city's Tree Ordinance. Steve Piscatelli commended Troy Lewis, Athena Shearer and Bruce Jackson of the Parks and Recreation Department for their efforts in making the Acoustic Night at the Adele Grage Cultural Center such a huge success. Pat Pillmore of 995 Camelia Street stated that she served on rivo Mass Transportation Study Groups with the City of Jacksonville, and reported that they were looking twenty years or more into the future to solve parking and transportation problems. Ms. Pillmore indicated that the Beach and Atlantic Boulevards were being recommended as mass transportation corridors to serve the beach cities. She stated that in the future businesses would be encouraged to locate parking lots at the back of the buildings. Trisha Pascoe Lawrence of 481 S1-erry Drive recounted a taking of twenty-eight feet of her family's property located at the intersection of Florida and Atlantic Boulevards several years ago without their knowledge. Due to this incident, Ms. Lawrence stated that she was opposed to the city's taking of any of her property to ild a sidewalk (Item 3A). Ms. Pascoe stated that due to conflicting schedules, she s unable to arrange a meeting with city officials to discuss the sidewalk. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- December 8, 2003 Unfinished Business from Previous Meetings Report and related action on Sidewalk at 5"' Street and Sherry Drive Mayor Meserve stated that he would like to defer action on this item until the next meeting in order to meet with Ms. Pascoe to discuss alternatives. Mayor Meserve assured Ms. Lawrence that the city would not take any action without her knowledge. Motion: Defer action on Item 3A to tl-e January 12, 2003 Commission meeting. There was no discussion and the motion carried unanimously. 4. Consent Agenda: A. Acknowledge Receipt of the following monthly report(s): New Occupational Licenses, Public Works and Public Utilities Project Status Report Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: Report from the Tree Conservation Board Maureen Shaughnessy, Chair of the Tree Conservation Board, summarized the accomplishments of the board for 2002/2003 fiscal year, which included development of a Tree Preservation Corridor, development of a list of city approved arborists, revisions to the tree removal/mitigation application to make it more "user friendly", creation of a list of suggested trees for planting in specific areas on city property and creation of a list of approved trees for planting on private property. Ms. Shaughnessy reported that the board reviewed 76 properties and the Building Department performed 330 tree inspections during the time period. Commissioner Waters inquired concerning the tree mentioned by Ms. Wytzka. Building Official Ford indicated that the JEA notified the City on a regular basis of trees to be trimmed or removed because of interference with electric lines. He indicated that the JEA worked well with the city and mitigated tree removal at 100%. Commissioner Waters asked to be provided with a report on trees that had been removed by JEA. 6. Action on Resolutions: None • OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X BEAVER X X PARSONS X SIriMONS X WATERS X X MESERVE X Minutes Page -4- December 8, 2003 Action on Ordinances Ordinance No. 90-03-184 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ENACTING AMENDMENTS TO THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA, SUCH REGULATIONS SHALL BE READOPTED BY REFERENCE AS ARTICLES I THROUGH IV OF CHAPTER 24 OF THE CODE OF ORDINANCES, AS PREVIOUSLY ADOPTED THROUGH ORDINANCE N0.90-03-182. THIS ORDINANCE ALSO PROVIDES FINDINGS OF FACT, SEVERABILITIY, REPEAL OF CONFLICTING ORDINANCES, OR PORTIONS THEREOF AND PROVIDES FOR AN EFFECTIVE DATE Motion: Approve Ordinance No. 90-03-184 on final reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Commissioner Parsons referenced Page 75 of the ordinance and requested that the restriction limiting the size of children's playhouses to thirty-six square feet be tncken from the ordinance. Following discussion, it was the consensus of the ommission to make the requested change. Amendment to the motion: Strike from Section 24-151 (b)(1)ii ... "not to exceed thirty-six (3G) square feet of gross floor area". Section 24-151 (b)(1)ii now reads "Children's playhouse and/or juvenile play equipment shall not be permanently located within required front yards". The amendment to the motion carried by a four to one vote with Commissioners Beaver, Parsons and Simmons and Mayor Meserve voting aye and Commissioner Waters voting nay. The main motion carried unanimously. 8. Miscellaneous Business A. Public Hearing and action on a request for ause-by-exception filed by J.R. Bennett to allow an existing cabinet shop to remain in its current location within the Commercial General zoning district and located at 41 West Sixth Street (City Manager) Motion: Approve request for ause-by-exception filed by J.R. Bennett to allow an existing cabinet shop to remain in its current location within the Commercial General zoning district and located at 41 West Sixth Street as recommended by the Community Development Board. (The Community Development Board at their OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X BEAVER X X PARSONS X X SIMMONS X WATERS X MESERVE X BEAVER X PARSONS X X SIMMONS X WATERS X X MESERVE X Minutes Page -5- December 8, 2003 meeting on November 18, 2003, recommended approval of the request subject to the following conditions: (1) This Use-by-Exception shall be granted to this applicant only, at this location only and for a period not to exceed eighteen (18) months). Mayor Meserve opened the floor for a public hearing. No one spoke and the public hearing was closed. Community Development Director Doerr explained that Mr. Bennett intended to move his business to another location on Levy Road. There was no discussion and the motion carried unanimously. B. Public Hearing and action on a request for ause-by-exception filed by Jaguar Drywall to allow a drywall contractor, with no outside storage and with associated limited tivarehousing and office, in association with the construction of a new building on property within the Commercial General zoning district and located at the northeast corner of West 14th Street and Hibiscus Street (Lots 3 and 4, block 241, section "H" subdivision.) (City Manager) Motion: Approve request for ause-by-exception filed by Jaguar Drywall to allow a drywall contractor, with no outside storage and with associated limited warehousing and office, in association with the construction of a new building on property within the Commercial General zoning district and located at the northeast corner of West 14th Street and Hibiscus Street as recommended by the Community Development Board and to include an additional condition that all business activities and commercial deliveries shall be limited to the hours between 8:00 a.m. and 6:00 p.m. on Saturdays. (The Community Development Board at their meeting held November 18, 2003, recommended approval of the request subject to the following conditions: (1) All equipment, materials and business activities shall be maintained within the enclosed building, (2) Lighting shall be directed on site, shall not illuminate adjacent properties, and shall not be placed along the West 14th Street side of the property, (3) All business activities and commercial deliveries shall be limited to the hours between 7:00 a.m. and 6:00 p.m., and (4) A gravel (or semi- pervious) loading area, which is approximately 10-feet in width and 20- feet in length, shall be constructed along the West 14th side of property to accommodate the loading or unloading of any large trucks, including boom-trucks so that these will not block the street). Commissioner Parsons requested that the beginning hour of operation be hanged to 8:00 a.m. on Saturdays to keep any noise to a minimum on the ekend for residential properties near the building. Larry Kirkland, owner the business, stated that he had no problem with the 8:00 a.m. time on Saturdays . OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X PARSONS X X SIMMONS X WATERS X MESERVE X Minutes Page -6- December 8, 2003 ere was no more discussion and the motion carried unanimously. C. Appointments to the Community Development Board (2) Mayor Meserve nominated Carolyn Woods for appointment to the Community Development Board stated that he would like to reappoint Sam Jacobson. (Since adoption of Ordinance No. 5-03-42 on July 14, 2003, the term of office on the Community Development Board is two years). Motion: Reappoint Sam Jacobson and appoint Carolyn Woods to the Community Development Board. The motion carried unanimously. D. Approve contract with Modis Consulting for the services of Jim Bantique as a PC Technician (City Manager) Motion: Approve contract with Modis Consulting for the services of Jim Bantique as a PC Technician. ere was no discussion and the motion carried unanimously. E. Approve the contract between the City and Northeast Florida Public Employees' Local G30 Blue Collar Union for the period October 1, 2003 through September 30, 2006 (City Manager) Motion: Approve the contract behveen the City and Northeast Florida Public Employees' Loca1630 Blue Collar Union for the period October 1, 2003 through September 30, 2006. Commissioner Simmons pointed out a scrivener's error, following which the motion carried unanimously. F. Approve a new job classification of Police Trainee for the Police Department (City Manager) Motion: Approve a new job classification of Police Trai~:ee for the Police Department. There was no discussion and the motion carried unanimously. G. Authorize staff to begin negotiations with GAI Consultants for engineering services for the Mayport Road median design (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X BEAVER X PARSONS X X SIMMONS X X WATERS X MESERVE X BEAVER X PARSONS X SIMMONS X X WATERS ~ X X MESERVE X BEAVER X PARSONS X X SIMMONS X WATERS X X MESERVE X Minutes Page -7- December 8, 2003 Motion: Authorize staff to begin negotiations ~vitlli GAI Consultants for engineering services for the Mayport Road median design. Commissioner Waters inquired if the city could set up a test area as suggested by Mr. Potter. Mayor Meserve stated that he would look into this and see if it was feasible to conduct such a test. The motion carried unanimously. 9. City Manager The City Manager's report was presented as written. The report is attached and made part of this official record as Attachment B. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Simmons •:• Inquired concerning a timetable for completion of Phase III in Town Center and reconstruction of the pylon on the Neptune Beach side of Town Center. Public Works Director Kosoy stated that Phase III should begin within the next week and be completed the second week of February. He indicated that construction on the pylon should begin by the end of the week. Coinmissioncr Parsons •:• Stated he had received positive comments concerning the crosswalks and said the residents of 4`~' Street had indicated they would like to have a crosswalk installed at 4`~' Street. •:• Inquired concerning the poor condition of the sod and seeded areas on Seminole Road. Public Works Director Kosoy indicated that the sod and hydro-seeded areas would die if not watered by the residents. • Inquired if the city's insurance would cover artwork placed in public places. City Attorney Jensen advised that such artwork was covered. Commissioner Waters •:• Encouraged everyone to fill out the parking questionnaire available from the Town Center merchants. • •:• Commented on an upcoming Chamber of Commerce sponsored seminar that provided an excellent series of presentations and urged the Commissioners to attend. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X PARSONS X X SIMMONS X WATERS X X MESERVE X Minutes Page -8- December 8, 2003 •:• Commented on the "wavy" surface of Ocean Boulevard. Public Works Director Kosoy stated that the problem would be corrected on Thursday. •:• Reminded the Commissioners that the Cities of Atlantic Beach and Neptune Beach were hosting the March meeting of the Northeast Florida League of Cities at the Sea Turtle Inn and door prizes were needed. •:• Reported the next meeting of the Northeast Florida League of Cities would be held in January at the St. Augustine Rod and Gun Club. Mayor Mescrvc •:• Reported that on Friday he presented the Keys to the City to three cyclists who came into Atlantic Beach from Washington State. He indicated the cyclists were recent college graduates who had no long distance cycling experience, but decided to make the trip. There being no further discussion or Commission, the Mayor declared the to come before the City pc~journed at 8:30 p.m. ~est: Maureen King ~. Certified Municipal Cler • Officer OMMISSIONERS M O T I O N S E C O N D Y E S N O ATTACHMENT A DECEMBER 8, 2003 COMMISSION MEETING • • ~I I S ~~ Atlantic Boulevard r.~cl ALL BJP Atlantic Boulevard Intersection Studies City of Atlantic Beach City Commission Meeting December 8, 2003 s Atlantic Boulevard .rAC>~oT izL L '~ Study Process 0 m • Collected Existing Conditions Data o • Calculated Traffic Projections ~ • Kick-Off Public Meeting - ]uly 25, 2002 ~ • Developed Initial Alternatives • Public Meeting -September 12, 2002 • Developed Refined Alternatives m° • Public Meeting -November 19, 2002 ~a c L (u Y Dccembcr 8, 2003 City of Atlantic Dcaclt 2 City Commission Mccling ~_~ ~JJ ~J t 1 /.~~r~. Atlantic Boulevard B$TTBR JAC[QSOtdV1LL `.:.:' 'C L '~ Study Process 0 m • Conducted Detailed Study of Refined c Alternatives _ • Public Meeting -March 10, 2003 R • Conducted Detailed Economic Analysis • Business Community Meeting -May 6, 2003 • Technical Group Meeting -August 15, 2003 m° • Conducted Peer Review • Public Meeting -October 15, 2003 Y • JTA Board Meeting -November 21, 2003 Decc mbcr 8, 2003 City of Atlantic Beach 3 City Commission b1ccting s Atlantic Boulevard ~C~TT iLL .a L Evaluation Criteria 0 m • Performed Detailed Intersection o Examination • Analyzed All Intersection Traffic .~ Movements (N/S and E/W) L • Traffic Issues o • Environmental Issues m • Costs {Year of Expenditure $$) L (v Y Dccembcr 8, 2003 City of Atlantic Bcach 4 City Commission btceting • • • s Atlantic Boulevard s!E ex IACKSOtd~lILL `~: y"•' 'Q L . Evaluation Criteria 0 m ~ • Right-of-Way Relocations , • Safety • Impacts ~ ^ Businesses, Residences & Schools A • Access Changes m • Pedestrian and Bicycle Facilities • Public Input L Y Decembcr 8, 2003 City ofAdantic Beach 5 City Conunission Mccting 1 Atlantic Boulevard ~ ~ anc ~ itL Alternative 1 o No-Build m a ~ -~ t i L 41 i ' .1. ~'~ , t ;. :~^ .~ ~ -;;: - --- ~. -rr=' ~;;;~ _ _ - __ ~ - „ = _ ' ~- k I ~ g ~ ~ i_ I ~ ' .L . I ~ s. ~ . ` ..' aw ~~' ~. ~r ~. a~ i. .',~_. .n..~u ,~ Decembcr 8, 2003 City of Atlantic Beach 6 City Cormnission Mccting r~ • • 'a L R d 0 m ,: L d Y ,. Atlantic Boulevard incx~sc ~:. Alternative 2 At-Grade Improvements December 8, 2003 City of Atlantic Beach City Corrunission Meeting • °~Y~. r s ~ '{ 7 Atlantic Boulevard Inc Alternative 3 Atlantic OVER Kernan 0 m ~,~ t ,.. l _ ;. VII t.. .y+'~ t l' Y `~.: ~ , : t ~ _, ~•. ,3 ,., ,. is+~ t t~ :. '~ ~n i III I . i'r >sw!:i ~, t." ~ ~~ _ {: '~ ~{ ~. a.. IN.. December 8, 2003 Ciry of Atlantic Beach City Commission htceting 8 4 • • • f Atlantic Boulevard .r~c1. '° JTA Board 3 Recommendation 0 m s. d Alternative 3 -Tight Urban Diamond Atlantic ~t)VER Kernan December 8, 2003 City of Atlantic IIcach 10 City Commission Mceting • ~J 1 &~TTER s r Atlantic Boulevard IACIGSO:Ny[LL 'C L > Atlantic at Hodges 0 m ~, Project Conducted Identical To Atlantic at Kernan Intersection Ikcembcr 8, 2003 City o(Atlantic Bcach ll City Corrunission Meeting 6 • ~~J J • ~a L fp d 0 m to d Q1 'd O Atlantic Boulevard u,~F Alternative 3 Atlantic OVER Hodges Decembcr 8, 2003 City of Atlantic F3cach City Commission Mccting o 14 7 ~_~ • • Atlantic Boulevard , T IAC ~~ ILL JTA Board Recommendation 0 m 0 Defer Recommendation Decision Conduct Expanded Network Analysis i Dcccmbcr 8, 2003 City of Atlantic Bcach 16 City Commission Mecting • • ~J J 1 BpT BR - Atlantic Boulevard zncxsor+vu~ ~' L > Discussion O m to N Of 'C O 2 .II C R '~ L 3 O m C f0 C L C7 December 8, 2003 City of Atlantic Beach l7 City Commission Meeting ~` Atlantic Boulevard J,~c~TT ~~ Decembcr 8, 2003 City of Atlantic Beach 18 City Commission Mccting ATTACHMENT B DECEMBER 8, 2003 COMMISSION MEETING • December 1, 2003 MEMORANDUM ' -. TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanson City Manager SUBJECT: City Manager's Report Reconstruction of Pylon in Neptune Beach; Several Commissioners have asked about the schedule for the reconstruction of the pylon on Atlantic Boulevard on the Neptune Beach side at • Town Center. Construction has been delayed while the contractor has obtained the specialty bricks that are needed to match the existing pylon on the Atlantic Beach side. The most recent report from the contractor indicates a start date estimated at 12/9/03. They estimate the work will take approximately one and half weeks to complete which brings an estimated completion date of 12/22/03. Total cost of the pylon reconstruction, new brass plaque, replacement of landscaping and related work is about $10,000. Neptune Beach has been working through the court system to get the driver that caused the damage to pay for the costs. Water and Sewcr Impact Fees; The City has financed the payment of water and sewer impact fees for several customers in recent years and that financing is allowed in the City Code. Most recently, an owner renovating a building at 2434 Mayport Road for a restaurant has requested the City to finance a portion of the impact fees, which will amount to $12,000.00. This will be paid over the next two years and the owner has agreed to placing a lien on other properties that he owns until the impact fees are paid. No commission action is needed in this case. The report is being made because the amount of the financing is fairly large.