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08-14-00 v CITY OF ATLANTIC BEACH • CITY COMMISSION MEETING August 14, 2000 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of July 24, 2000 2. Courtesy of Floor to Visitors: 3. Unfinished Business from Previous Meeting A. Follow-up report from the meeting of July 24, 2000 (City Manager) B. Authorize the City Manager to negotiate a contract with architect Tat Chan for services in connection with Adele Grage Community Center renovation. If negotiations are unsuccessful, authorize the City Manager to negotiate with William Ebert as a second choice,and with Barbara Mears as a third choice,if necessary(Commissioner Beaver) 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 reports from Building,Occupational Licenses,Public Works and Recreation Departments (City Manager) B. Award contract to Brooks&Limbaugh for electrical troubleshooting pursuant to their proposal submitted under Bid 9900-19 (City Manager) 5. Committee Reports: 6. Action on Resolutions: 7. Action on Ordinances: A. Ordinance No. 95-00-76 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 11,NOISE,IN ITS ENTIRETY,AND PROVIDING AN EFFECTIVE DATE (City Manager) B. Ordinance No. 5-00-33 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY • COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE Page Two AGENDA August 14, 2000 0 8. Miscellaneous Business: A. Authorize the Mayor to sign the proposed DEP Water Advisory Panel Grant Agreement for Sanitary Sewer Improvements (City Manager) B. Appointment to fill an unexpired term on the Tree Board (Mayor) C. Approve conceptual plan for the construction of a community center at Jordan Park (City Manager) D. Authorize the City Manager to negotiate the purchase of six lots located on West Plaza for an athletic field (City Manager) E. Authorize the City Manager to enter into a contract with the City of Jacksonville to obtain$100,000 for the construction of Dune Walkovers and Facilities(City Manager) 9. City Manager Reports: 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 ofthe 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. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However,any agenda subject,regardless of how the matter is stated on the agenda,may be acted upon by the City Commission. 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 PM,Friday,August 11,2000. 1110 v v MINUTES OF THE REGULAR MEETING OF THE ATLANTIC O o T T BEACH CITY COMMISSION HELD IN CITY HALL,800 SEMINOLE E E • ROAD AT 7:15 P.M. ON MONDAY,AUGUST 14, 2000 S S PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Theo Mitchelson Dezmond Waters, Commissioners AND: James Hanson, City Manager M S Alan C. Jensen, City Attorney 0 E Maureen King, City Clerk T c I O Y ONE N ND S O COMMISSIONERS The meeting was called to order by Mayor Meserve at 7:15 p.m. The invocation was offered by Commissioner Borno, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the regular meeting held III July 24, 2000 The minutes of the Regular Meeting were unanimously approved as presented. 2. Courtesy of the floor to visitors: A. Patricia Goetz of 1359 Beach Avenue requested that the Commission send a letter of support for restoration of the Ribault Club House on Fort George Island. Mayor Meserve stated that he had sent a letter of support and would follow up on the request. B. Pete Dowling stated he had worked with Mr. Ebert in the past, and urged the Commission to select William Ebert to provide the architectural services for the renovations to the Adele Grage Community Center. Mr. Dowling also reported that ABET had committed $5,000.00 for renovations to the building. C. Lelee Phinney of 1250 Selva Marina Circle, spokesperson for a group of twelve families with young children, supported the improvements at Bull Park and thanked the Commission for the new children's playground. 0 D. J.P. Marchioli of 414 Sherry Drive felt Howell Park should be M S O E T C Minutes Page -2- I 0 Y August 14, 2000 ONE N • made handicapped accessible, Selva Marina Streets should be COMMISSIONERS N D S 0 resurfaced by the city using the in-place recycling of asphalt recommended by Aikenhead and Odom for street reconstruction during the core city drainage project, and that the city would benefit more citizens by the construction of a skateboard park. E. Alan Potter of 374 2"d Street opposed the proposed salary increase for Commissioners (Item 7B). He pointed out that the various Committee Members worked without compensation and requested that the Commissioners defeat the ordinance on first reading. F. Curtis Sanders of 2320 Barefoot Trace expressed safety concerns regarding the use of go-peds and requested that the three beaches cities adopt an enforceable position concerning their use. Chief Campbell explained that Florida Statutes defined the go- ped as a motor vehicle, but it did not meet the requirements of a motor vehicle and could not be ridden on city streets or sidewalks. He indicated that it could only be used on private • property and citations had been issued for illegal operation of the vehicle. G. Juliette Sleeper of 700 Beach Avenue suggested that the Commissioner purchase the old Pic 'N Save Building on Atlantic Boulevard for a Community Center since it would provide adequate building space and parking for all types of civic events. Mrs. Sleeper felt the building at Bull Park should be restored to its original condition and the city should consider low maintenance plants which would save on watering costs. H. Nicole Gwyn of 10478 Theresa Drive,Jacksonville,owner of Immortal Body in Ink located at 1249 Mayport Road,proposed that the Commission keep the present occupational license fee of $5,000 for the first year of operation for new tattoo businesses and lower it to $200 the following year if the business did not require additional police or other city services during the first year of operation. City Manager Hanson indicated that he had researched Ms. Gwyn's request of July 24th to lower the $5,000 occupational license fee charged for a tatoo business to a more reasonable • rate, as well as the rate discrepancy pointed out by Commissioner Waters. M S OE T C Minutes Page -3- i o Y August 14, 2000 ONE N • City Manager Hanson indicated that he had met with Public COMMISSIONERS N D S 0 Safety Director Thompson and City Clerk King and found that there had been no calls for service to the business location or other problems. It was felt that the fee should be lowered to either the base square footage rate of$49 or to the set fee of $200, which would be the same charged by the City of Jacksonville for that type of business. He further indicated that the rate discrepancy appeared to be caused by a lack of coordination between committee members researching fees and since state law prohibits an increase of more than 5% every two years, it was recommended that the fees for the 5,001 - 15,000 square foot category be lowered to $110.00. It was the consensus of the Commission to draft a new ordinance to reflect the proposed changes. Joanne Waits of 145 8th Street stated that she had mixed feelings concerning the improvements at Bull Park and expressed concerns for vandalism and maintenance. She further stated that she did not like to see lots of concrete and felt less would be • best. Mrs. Waits felt the building should be restored to its original historic style. J. Sally Clemens of 1655 Park Terrace West opposed the proposed pay increases for City commissioners as being excessive. She felt a reasonable increase would be appropriate and should occur at the end of the Commissioners' terms. K. Nancy White of 1729 Seminole Road supported the proposed pay increase stating it was long overdue. She also expressed concern for speeding on Seminole Road, especially at night. L. Danny Thiele of 107 Azalea Place,Neptune Beach, requested that the Commission reconsider passage of an ordinance regulating ocean front lighting during sea turtle nesting season. M. Clyde Bradley of 443 Whiting Lane favored a 3%pay increase for the Commissioners. He felt the remaining money that would be saved should be used for maintenance throughout the city. N. Steve Rosenbloom of 1417 Beach Avenue indicated that the Bull Park improvements were not those envisioned by earlier . Commissions, but they would be an improvement to the park. He hoped the city would maintain the park. Former Commissioner Rosenbloom indicated that he would be working with the city on r M S OE T C Minutes Page -4- I o Y August 14, 2000 ONE N • COMMISSIONERS N D S 0 the improvements to the building. 3. Unfinished business from previous meeting A. Follow-up report from the meeting of July 24, 2000 (City Manager) City Manager Hanson indicated that there were no additions to his written report. B. Authorize the City Manager to negotiate a contract with architect Tat Chan for services in connection with Adele Grage Community Center renovation. If negotiations are unsuccessful, authorize the City Manager to negotiate with William Ebert as a second choice, and with Barbara Mears as a third choice, if necessary (Commissioner Beaver) Motion: Authorize the City Manager to negotiate a contract BEAVER X X with architect Tat Chan for services in connection with Adele BORNO X MITCHELSON X X Grage Community Center renovation. If negotiations are WATERS X S unsuccessful, authorize the City Manager to negotiate with MESERVE X William Ebert as a second choice, and with Barbara Mears as a third choice, if necessary. Commissioner Borno preferred that the project be constructed as a design/build project to eliminate change orders. Commissioner Waters believed the Adele Grage building would not meet the future needs of the citizens of Atlantic Beach. He felt the Commission should investigate acquiring the old Pic 'N Save building, which would provide endless possibilities for development as a community center. Mayor Meserve commented that community centers did not make money and the City of Jacksonville Beach was planning to build a civic center which would accommodate large groups of people. He felt that Commissioner Beaver had done a good job, and pointed out that the new building would not be any larger, but would be more functional than the existing building. There being no further discussion, the motion carried by a four to one vote with Commissioners Beaver, Borno and Mitchelson and Mayor 41) Meserve voting aye and Commissioner Waters voting nay. M S O E T C Minutes Page -5- 1 0 Y August 14, 2000 ONE N • COMMISSIONERS N D S 0 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building, Occupational Licenses, Public Works and Recreation Departments (City Manager) A. Award contract to Brooks and Limbaugh for electrical troubleshooting pursuant to their proposal submitted under BEAVER X X Bid 9900-19 (City Manager) BORNO X X MITCHELSON X Motion: Approve Consent Agenda Items A-B as presented. WATERS X MESERVE X There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: 4i) There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 95-00-76 - Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 11, NOISE, IN ITS ENTIRETY AND PROVIDING AN EFFECTIVE DATE (City Manager) BEAVER X X BORNO X X Motion: Approve passage of Ordinance No. 95-00-76 on final W MITCHELSON X WATERS X reading. MESERVE X Mayor Meserve presented Ordinance No. 95-00-76, in full, in writing and read the ordinance by title only. He opened the floor for a public hearing and invited comments from the audience. J.P. Marchioli of 414 Sherry Drive felt that enforcement of the new ordinance would cause a problem since it required officers to be downtown in court, which would take them away from the city. Julie Sleeper of 700 Beach Avenue felt the intent of the ordinance was defeated since the City Manager could approve and set limitations for • noisy special events. Nancy White of 1729 Seminole Road favored any ordinance which r M S O E T C Minutes Page -6- 1 o Y August 14, 2000 ONE N • COMMISSIONERS N D S 0 would control noise. There being no further comments, the Mayor declared the public hearing closed. Mayor Meserve briefly explained the following language had been submitted by staff with the recommendation that it be added to Section B after the first paragraph: "Enforcement considerations should include the day of the week, time of day or night, volume of the noise, number of complainants, celebrations normally associated with holidays, and any special events that may be in progress. Generally, between the hours of 10:00 p.m. and 7:00 a.m., the tolerance level for noise is significantly reduced , and enforcement should be more stringent." First amendment to the motion: Add the following to Section BEAVER X X B after the first paragraph: "Enforcement considerations BORNO X X should include the day of the week, time of day or night, MITCHELSON X WATERS X • volume of the noise, number of complainants, celebrations MESERVE X normally associated with holidays, and any special events that may be in progress. Generally, between the hours of 10:00 p.m. and 7:00 a.m., the tolerance level for noise is significantly reduced , and enforcement should be more stringent." Discussion ensued and Commissioner Mitchelson felt that an additional hour should be added for Friday and Saturday nights and offered the following amendment: Second amendment to the motion: Change the hours by BEAVER X X adding the following after the word progress in the first BORNO X MITCHELSON X X amendment to the motion: "Generally, between the hours of WATERS X 10:00 p.m. and 7:00 a.m., Sunday through Thursday and MESERVE X between the hours of 11:00 p.m. and 7:00 a.m. on Friday and Saturday"... Following brief discussion the second amendment to the motion carried by a four to one vote with Commissioners Beaver, Mitchelson, Waters and Mayor Meserve voting aye and Commissioner Borno voting nay; the first amendment to the motion carried unanimously and the main motion 0 carried unanimously. M S O E T C Minutes Page -7- t 0 Y August 14, 2000 ONE N IIICOMMISSIONERS N D S 0 B. Ordinance No. 5-00-33 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,ARTICLE II, CITY COMMISSION, SEC.2-20, SALARY OF MEMBERS AND PROVIDING AN EFFECTIVE DATE BEAVER X X BORNO X X Motion: Approve Ordinance No. 5-00-33 on first reading. MITCHELSON X WATERS X MESERVE X Discussion ensued regarding the proposed salary increase and while Commissioners agreed that the question of City Commission salaries should be addressed since the last salary increase was in 1983, some questions were raised regarding the amount of the proposed increase and the effective date of the increase. Commissioner Waters requested that Commissioner be provided with a copy of the background information which had been used by Commissioner Borno in his research. Commissioner Mitchelson believed the issue was one of fairness and it should be addressed for the future. Commissioner Mitchelson offered the following amendment to the motion: • Amendment: Have the rate of pay for Commissioners BEAVER X BORNO X adjusted at the same time as general employees and at no MITCHELSON x X greater a percentage than that received by general city WATERS X employees in future years and that no current Commissioner MESERVE X X receive the pay increase during his current term. Commissioner Beaver believed that compensation was important and might be an incentive for a citizen to run for office. He believed that Commissioners should be compensated for the work they do for the city. Commissioner Waters expressed concern that the amendment would mean that Commissioners would be receiving different rates of compensation due to staggered terms of office. He suggested doubling everyone's present salary, which would be less than the salary indicated in the ordinance. It was the consensus of the Commission to further discuss the amount of compensation at the next meeting. It was determined that a second public hearing would be held if the ordinance was substantially changed at that time. • There being no further discussion, the amendment to the motion and the motion carried by a four to one vote with Commissioners Beaver, Borno, and Mitchelson and Mayor Meserve voting aye and Commissioner r M S O E Minutes Page -8- t o v August 14, 2000 ONE N • COMMISSIONERS N D S 0 Waters voting nay. 8. Miscellaneous Business: A. Authorize the Mayor to sign the proposed DEP Water Advisory Panel Grant Agreement for Sanitary Sewer Improvements (City Manager) BEAVER X X BORNO X X Motion: Authorize the Mayor to sign the proposed DEP MITCHELSON X Water Advisory Panel Grant Agreement for Sanitary Sewer WATERS X Improvements. MESERVE X There was no discussion and the motion carried unanimously. B. Appointment to fill an unexpired term on the Tree Board Mayor Meserve nominated Barbara Mears for appointment to the Tree Board. Motion: Approve the appointment of Barbara Mears to the BEAVER x BORNO X X • Tree Board. MITCHELSON X X WATERS X There was no discussion and the motion carried unanimously. MESERVE X C. Approve conceptual plan for the construction of a community center at Jordan Park (City Manager) BEAVER X X Motion: Approve conceptual plan for the construction of a BORNO X community center at Jordan Park. W TCHELSON X X WATERS X MESERVE X Ralph Marcello, Executive Director of Beaches Habitat, provided information concerning Beaches Habitat and their work in the area. He indicated that when their work was completed, fifty Habitat homes would be constructed in the area, which will be served by the proposed Community Center. Mr. Marcello introduced Craig Burkhart, a builder for Habitat, who responded to questions from the Commissioners concerning the layout of the building, its potential for future expansion, and kitchen accessability from the Community Center area when the Habitat offices were closed, and it was agreed to make a small change in the floor plan to make the kitchen accessible from both the community center and the Habitat 0 offices. M S O E T C Minutes Page -9- 1 o Y August 14, 2000 ONEN • COMMISSIONERS N D S 0 Mayor Meserve indicated that the budget of$94,000 for the project would be addressed at the August 21'Budget Workshop. It was pointed out that this would be a city-owned building. It was agreed that Beaches Habitat would design and construct the building and the city would purchase all materials. There was no more discussion and the motion carried unanimously. D. Authorize the City Manager to negotiate the purchase of six lots located on West Plaza for an athletic field (City Manager) BEAVER X X Motion: Authorize the City Manager to negotiate the BORNO X purchase of six lots located on West Plaza for an athletic field. MITCHELSON X X WATERS X MESERVE X There was no discussion and the motion carried unanimously. E. Authorize the City Manager to enter into a contract with the City of Jacksonville to obtain $100,000 for the construction of Dune Walkovers and Facilities (City Manager) BEAVER X X ID Motion: Authorize the City Manager to enter into a contract BORNO X X with the City of Jacksonville to obtain $100,000 for the MITCHELSON X WATERS X construction of Dune Walkovers and Facilities. MESERVE x Commissioner Beaver inquired if the conceptual plans for the proposed walkovers would be brought back for Commission approval. Recreation Director Johnson indicated that the walkovers would be constructed to the specifications listed it the dune walkover ordinance, and would come back before the Commission after completion of the bidding process. Commissioner Beaver felt the property owners adjacent to the proposed walkovers should be notified. There being no further comments,the motion carried unanimously. 9. City Manager Reports: City Manager Hanson Title Change • Reported that Donna Kaluzniak's title had been changed from • Assistant Public Works Director to Utility Director and she would now be in charge of the city's water, sewer and wastewater operations. r i M S O E T C Minutes Page -10- 1 0 Y • August 14, 2000 ONE N COMMISSIONERS N D S 0 2001 Air Show • Advised the Commission of the planning process for the 2001 air show. He indicated that the Navy, the three Beaches Cities, the Mayport Business Association and the City of Jacksonville had been meeting informally to discuss the air show. He indicated that the budget for the show would be several hundred thousand dollars and revenues from the sponsors would pay for the events and clean up. He indicated that no formal agreement had been signed but that an air show consultant would be needed for at least the first year since no one had expertise in putting on an air show. He further advised that several items would be brought to the Commission for approval in the near future. Blue Wave Program Certification • Reported that representatives from the three Beaches Cities and the Jacksonville Convention and Tourist Bureau had recently heard a presentation on the Blue Wave Program concerning an III environmental certification for public beaches, and explained the program in detail. He further reported that the Jacksonville Convention and Tourist Bureau would pay for the initial certification application of$2,000 which is due by the end of October. A brief discussion ensued and it was the consensus of the Commission to apply for the Blue Wave Certification. Bull Park Change Order • Reported that a drainage problem was noted at the parking area of Bull Park due to the installation of sidewalk and curb, which could be resolved by the addition of 3" of asphalt to increase the slope on the south end of the parking lot which would allow the water to be moved naturally into the northeast corner of the park. Military Construction had submitted a price of$7,536 for the additional asphalt and required excavation of an area approximately 25 ft. in length, which would allow the water to flow naturally into the park. • Public Works Director Kosoy explained that drainage in the park would be further addressed during the core city drainage project. M S O E Minutes Page -11- z c August 14, 2000 ONE N • Motion: Approve Change Order in the amount $7,536 for COMMISSIONERS N D S 0 X X extra asphalt and excavation work at Bull Park. BORNO X X MITCHELSON X There was no more discussion and the motion carried unanimously. WATERS X MESERVE X 10. Reports and/or Requests from City Commissioners and City Attorney Commissioner Waters • Requested that the City Manager look into trimming the palm trees in Town Center. • Inquired as to the completion date for Bull Park and was informed it was scheduled for August 30`h • Commented that cell phone technology would change and make regulations unnecessary. Commissioner Mitchelson • • Expressed concern for the amount of water being used for irrigation at Town Center. Commissioner Borno, a member of the Town Center Project Oversight Committee, explained that the sprinkler heads had been lowered and cars should no longer run over and break them. He felt the situation would improve. Commissioner Borno • Agreed with Mrs. White concerning speeders on Seminole Road and requested more Police Department presence on the road. • Commented that he would like to attend a University of North Florida Workshop on Program Evaluation on September 19`h Mayor Meserve • Reported that the City of Jacksonville had budgeted $650,000 for Mayport Village improvements. • • Stated that it was nearing the first anniversary date of hiring the City Manager, and requested that the Commissioners give him feedback on his performance. . O E Minutes Page -12- z c I O Y August 14, 2000 ONE N • COMMISSIONERS N D S 0 There being no further discussion or busin,ss to come before the Commission, the Mayor declared the me. • . ijourned at 9:40 p.m. 10 liik Vese -rve Mayidi •. Officer ATTEST: / / " AA.- Maureen King Certified Municipal Cler III II 1