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07-25-05 vMINUTES REGULAR CITY COMMISSION MEETING July 25, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons ABSENT: Commissioner J. Dezmond Waters III (Excused) Call to Order/Pledge Mayor Meserve called the meeting to order at 7:16 p.m. The Invocation, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve minutes of the Regular Commission meeting of July 11, 2005. Motion: Approve minutes of the Regular Commission meeting of uly 11, 2005 Moved by Simmons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Sandy Golding 120318' Avenue North, Jacksonville Beach, introduced herself as a spokesperson for Beaches Watch. She explained that the organization includes residents from all the local beach cities who support the critical elements necessary to creating livable communities in the beach communities. Ms. Golding strongly supported incorporating the building height limit into the City Charter and urged the Commission to place the issue on the next election ballot. J.P. Marchioli, 414 Sherry Drive, commented on Agenda Item 7A. He noted that the information given did not address the issue of reinforcement materials used in the concrete, or a minimum thickness required for driveways in the City. Mr. Marchioli discussed the issue of sexual predators and noted that they can still affect the City even if they are not allowed to live within the City limits. Julv 25, 2005 REGULAR COMMISSION MEETING Paee 2 Janet Pellicciotti,1629 Linkside Drive North, addressed Agenda Item 8D. She corrected paragraph two of the staff report, noting that her Homeowner's Association had granted (not "denied") her request to replace the concrete driveway area with brick pavers. She noted that replacing her drive with brick pavers will compensate for the requested increase in ISA and will alleviate the 50% issue. She noted that her house backs up to the golf course and that there is plenty of drainage for water to soak into the water table. She concluded that the information presented, with the appropriate correction noted, should meet the interests of the City. Jane Wytzka, 352 2°d Street, asked that the Commission still consider placing a 35-foot height charter referendum on the October ballot. She believed that Atlantic Beach residents deserve to vote on the issue and to have similar regulations as the other two beach communities. She stated that she has been concerned about development in the City and worried that buildings built over 35 feet tall could block breezes for the neighboring residents. Ms. Wytzka pointed out that the current zoning of Atlantic Beach still allows the potential for someone to build structures taller than 35 feet. Dorothy Kerber, 3651St Street, discussed two items of concern to her. She strongly believed that the Commission should delay adding the 35-foot height ordinance to the charter until there is more time to review it. She expressed concern with the effect it could have on limiting options for the commercial districts in the City. Ms. Kerber also addressed the proposed tree ordinance changes and strongly disapproved of their strict, draconian nature. She disagreed with the City dictating what the tax-paying residents can do on their own property. Donald Wolfson, 1725 Beach Avenue, discussed his thoughts on the height limits in Atlantic Beach. He spoke in favor of protecting the City's height limits but stressed the importance of proceeding carefully and diligently on the issue. He suggested that the Commission assign a study, to be conducted by the Community Development Board, to address the issue and receive input from the citizens. Mr. Wolfson doubted that the current time frame would allow the item to be placed on this year's ballot, but insisted that some sort of action should be taken to move the issue forward. Mayor Meeerve noted that, due to his absence from the last Commission meeting, he had not yet had the opportunity to provide his input on the subject of the 35-foot height limit. He commented on the number of letters received regarding the referendum issue. He was not opposed to allowing the citizens the chance to vote on the issue, but stressed the need for the referendum to be well crafted and thought-out. He informed the Commission that in order to place a referendum on the ballot this fall, the item would need to be placed on the agenda by August 8. Mayor Meserve spoke in favor of moving forward with the issue in the correct manner, but discouraged the Commission from making a rushed decision in order to meet the deadlines needed for placing the issue on this year's election ballot. July 25, 2005 REGULAR COMMISSION MEETING Paae 3 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report There was no follow-up report. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and Utility Sales Report for June 2005 (City Manager) B. Award the annual contract for Chlorine for Water and Wastewater Treatment Plants Bid No. 0405-18 (City Manager) C. Extension of Electrical Troubleshooting and Repair Annual Contract Bid No. 0203-21 (City Manager) D. Purchase of Effluent Pump for Wastewater Plant #2 (City Manager) Commissioner Parsons asked that Item D be pulled from the Consent Agenda for discussion. "' Motion: Approve Consent Agenda Items A through C as presented Moved by Simmons, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED Commissioner Parsons asked Donna Kaluzniak, Director of Public Utilities, for an explanation of why the costs for a motor or installation of the pump was not included in the item. Ms. Kaluzniak responded that the annual contractor will probably install the pump for a fee less than what is required to be brought before the Commission and that the standard motor used is easy to obtain or to be switched from other equipment if needed. She noted that the pump is more specialized and would be difficult to obtain if needed in an emergency. Discussion ensued on rebuilding the old pump and utilizing it as a spare. Motion: Approve Consent Agenda Item D as presented. Moved by Parsons, seconded by Simmons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED July 25, 2005 REGULAR COMMISSION MEETING Paee 4 Committee Reports 5. Committee Reports A. Code Enforcement Board Mayor Meserve informed the Commission that the term for Curtis Sanders, Code Enforcement Board Chair, will end this fall. The Mayor commended Mr. Sanders for his efforts, energy and dedication that he has given to the City of Atlantic Beach. Curtis Sanders, Chair of the Code Enforcement Board, presented a report on the Board's activity. He discussed the Board's jurisdiction and organizational chart. He noted that the Board currently has one vacancy and they expect two more vacancies in the near future. Mr. Sanders discussed the problem with obtaining case resolutions when the Board has a quorum of only 4 members present and the votes are evenly split. He stated they would like to have, as allowed by Florida Statute 162.05, two alternates who could serve in the absence of regular Board members. Mr. Sanders presented statistics of what the Board has accomplished in the last 10 years. He noted that Alex 5herrer, Code Enforcement Officer, has a normal caseload of 3000 cases/calls per year and that the Board heard 10 cases to-date for 2005. He displayed a chart of violation history from 1994-2004 and discussed specific issues such as signs, abandoned vehicles, "^ and parking. He compared the code enforcement staff of Atlantic Beach with other Florida cities of comparable or lower populations. All the cities mentioned had more staff than just one officer, except for Atlantic Beach. Mr. Sanders noted that Alex Sherrer is one of the 130 state-recognized Code Enforcement Professionals out of over 5300 people working in the Code Enforcement arena in Florida. He discussed the proactive methods used by other cities' Code Enforcement departments and suggested ways that the City of Atlantic Beach can become even more efficient and productive in enforcing its codes. His suggestions included distributing informational pamphlets to the citizens and hiring another Code Enforcement staff member. Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance No. 65-05-34, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE ATLANTIC BEACH CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ADDING A NEW SECTION ESTABLISHING REQUII2EMENTS FOR CONSTRUCTING DRIVEWAYS WITHIN THE CITY'S RIGHTS-OF-WAY, AND PROVIDING AN EFFECTIVE DATE. July 25.2005 REGULAR COMMISSION MEETING Paee 5 Mayor Meserve read the ordinance by title only. City Manager Hanson asked Rick Carper, Director of Public Works, to give a short summary of the regulations being recommended in the ordinance. Mr. Carper noted that the proposed ordinance would require permits for all new driveway work, parking apron work and the addition of impervious surfaces in the right-of-way. He noted that the regulations would place the same 50% impervious limit on right-of-way areas as is currently established for residential property. He explained the revocable encroachment permit that holds the homeowner responsible for any damage done to non-standard materials used in the right-of-way and releases the City of any liability when restoring that surface. The ordinance would prohibit any new parking aprons on the listed arterial streets and would ensure that any new parking aprons be constructed of turfbloc. He reviewed the maximum allowable driveway widths for residences and noted that City sidewalks must be replaced with concrete. Mr. Carper indicated that these are the discussed code changes that apply to Chapter 19 and that the changes proposed for other areas of the City Code would be brought before the Commission at a later date. Commissioner Parsons asked for clarification on the issues of replacing non-standard materials used in the right-of-way and the areas where street '~'° parking is prohibited. Rick Carper and City Manager Hanson provided the appropriate information. Commissioner Beaver discussed the issues regarding the use of turfbloc and the materials used to replace any turfbloc that is destroyed or removed. He also inquired about the code requirements for the depth and thickness of the concrete used in driveways. Rick Carper responded that Atlantic Beach follows the City of Jacksonville codes and requirements that specify the required depths and prohibits reinforcements in concrete used in the right- of-way. City Manager Hanson provided further explanation regarding parking aprons and the materials used for construction and replacement work in the right-of way. Commissioner Parsons expressed concern with the issue of the City not replacing residents' pavers destroyed during work in the right-of-way. Rick Carper explained that these regulations would be enforced from the time of approval forward and that citizens would be aware of the issue when they obtained their permits. Motion: To approve Ordinance No. 65-OS-34 on first reading. Moved by Simmons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED ,luly 25.2005 REGULAR COMMISSION MEETING Paee 6 Miscellaneous Business 8. Miscellaneous Business A. Authorization for the City Manager to sign the Certification of Taxable Value form DR-420 (City Manager) Mayor Meserve explained that if the City wanted to raise the millage rate after signing the Certification of Taxable Value Form, the notification process for the new rate would have to be performed again. However, he stated that if, during the course of the budget workshops, the City decided to adopt a lower rate than submitted to the property appraiser on the DR-420 form, it is allowed to do so without restarting the notification process. Motion: Authorize the City Manager to sign the Certification of Taxable Value form DR-420. Moved by Simmons, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED B. Mutual Aid Agreement for Water/Wastewater Utilities through FLAWARN (City Manager) City Manager Hanson explained that this is a statewide agreement that provides the protocol for water and wastewater utilities to request help from each other and to expedite those requests when needed, such as in times of emergency situation. He also pointed out that any city unable to spare help to other cities at the time of the request is not required to do so. He indicated that a number of utilities in Florida are in the processing of signing these types of agreements. Motion: Authorize the City Manager to sign the Mutual Aid Agreement for Water/Wastewater utilities. Moved by Simmons, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED C. Proposed rejection of Bid for 2005 Plaza Road Turn Lane for Post Office (Bid No. 0405-17) (City Manager) Julv 25.2005 REGULAR COMMISSION MEETING Paee 7 Mayor Meserve noted that, due to the fact that the City is still waiting for the Post Office to proceed on their part of the project, there is no time constraint concerning this bid. Commissioner Parsons asked how the current balance of $98,000 for the project was calculated. Rick Carper, Director of Public Works, replied that the amount was the remainder of the estimated cost after the expenses for surveying. It was clarified that the Post Office is responsible for the portion of the project on their property and the City of Atlantic Beach performs the work on the City right-of-way area. Commissioner Parsons asked when the project would be put out for re-bid. Mr. Carper responded right away. Motion: Reiect all bids for 2005 Plaza Road Turn Lane for Post Office (Bid No. 0405-17) and re-bid proiect at later time. Moved by Beaver, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED ""'' D. Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit to allow for an addition to a residence within the Selva Linkside PUD for a lot located at 1629 Linkside Drive, North (City Manager) Rick Carper, Director of Public Works, showed an aerial view of the property being discussed. He explained that everything in Selva Linkside was developed prior to the City's adoption of the 50% Impervious Surface Area (ISA) limit and therefore was built greater than the 50% impervious standard regulation. He provided information on the homeowner's request to construct an addition to the back of the residence and indicated that Selva Linkside has its own stormwater/ retention treatment system. Mr. Carper reported that there are no known problems in the area and that a large number of homes in the area have already added onto their existing homes. Commissioner Simmons asked if the brick pavers for the driveway would be placed in sand or cement. The homeowner responded they would be on sand. Motion: Approve the request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit to allow for an addition to a residence within the Selva Linkside PUD for a lot located at 1629 Linkside Drive, North . Moved by Simmons, seconded by Parsons Julv 25.2005 REGULAR COMMISSION MEETING Paee S ~^ Votes: ~" Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED E. Sexual Predator/Offender Report (City Manager) Mayor Meserve stated that there are no sexual predators, as defined by law, in the City of Atlantic Beach and commented on the Times Union newspaper article addressing the issue over the weekend. City Manager Hanson asked Chief David Thompson, Director of Public Safety, to review his report on the topic. Chief Thompson pointed out the definitions of terms provided in his report and noted that most sex offender instances typically involve juveniles. He reported that the only predator listed in Atlantic Beach no longer lives within the City limits. Chief Thompson reviewed what other jurisdictions have done regarding sexual predators and offenders. Commissioner Beaver explained that a predator listed within the zip code for Atlantic Beach might actually be located in areas outside the City's jurisdiction, but within the same postal code. He suggested that the City establish, at the minimum, the same restrictions and ordinances found in the surrounding communities. He noted that if the Commission passed an ordinance at this time, it would eliminate any sexual predators from being able to reside in Atlantic Beach. It was mentioned that the City of Jacksonville just recently passed its ordinance on sexual predators in May/June 2005. Commissioner Beaver asked the Commission to move forward with the issue. Commissioner Simmons concurred. Mayor Meserve expressed concern with the City being challenged by the civil liberties union if an ordinance is adopted. He asked the City Attorney if Atlantic Beach would be somewhat protected from this by the possibility of the County fighting any challenges to their similar ordinance. City Attorney Alan Jensen replied that, even if the County has the same ordinance, the City of Atlantic Beach would still have to defend itself if it was sued. Discussion ensued surrounding the probability of a lawsuit. Chief Thompson introduced Police Officer Rene Jackson, and discussed the work she performs with tracking sexual offenders and predators and ensuring that they comply with City code and regulations. He also advised the Commission to review the two ordinances provided in order to determine how they would like to address the issues. He discussed the enforcement and legal review of any code the Commission passes. It was the consensus of the Commission that Chief Thompson and City Manager Hanson bring back information to keep the City aligned with the county on this issue. Mayor Meserve pointed out the differences between July 25, 2005 REGULAR COMMISSION MEETING Paee 9 Miami and Atlantic Beach and the manner in which each can address the issue. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported on the following items. The Palms He reported that the City Building Official has condemned The Palms Apartments. He noted that the owners and residents have all been notified that they are required to move out and that the utilities will be shut off due to the unlivable conditions of the units. The City Manager indicated that a developer might purchase the property, tear it down and replace it. He reported that residents have been given until August 31, 2005 to find other accommodations and that social service agencies have been contacted to assist them with the process. He noted that this is the first time he has seen an entire apartment complex condemned. Lifeguards He reported that the Atlantic Beach lifeguards won the 2-day regional competition held last month. He stated the regional area included Virginia Beach down to Daytona and it was the first time our guards received first place. Road Maintenance in Gated Subdivisions He commented that City staff has received a request from a subdivision to take over maintenance of the roads behind their gate. He asked the City Attorney to advise the Commission if the City could legally accept responsibility for maintenance of streets located behind a locked gate. City Attorney Alan Jensen stated that streets in a gated community are considered private, due to the fact that their public use is obstructed. Therefore, according to Florida statutes, the City could not legally provide maintenance for roads located behind a private, locked gate. He further explained that public funds could not be spent to maintain streets where public access is not granted. City Attorney Jensen provided examples from the Attorney General's office to support his findings. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Parsons • Clarified and commented on recent articles and letters to the editor in the local newspaper. He stated that he never spoke of having a Julv 25, 2005 REGULAR COMMISSION MEETING Paee 10 `gentleman's agreement' regarding the height limit issue, as alluded in a letter. He also denied a statement indicating that he could be swayed by special interest groups. Commissioner Simmons • Commented on the situation at the Palms Apartments and stated that, although she does not want to see people living on the streets, no one should be living in substandard housing conditions. • Discussed a book dealing with "stormscaping", written after the last hurricanes. She noted that the book gives information on which types of vegetation and trees are best or worst for the community during storms. She suggested that the book could be a valuable tool used to offer suggestions when reviewing the City's tree laws. • Commented on several letters to the editor that included many half- truths and falsehoods. She indicated that she will not respond in the newspaper but expressed concern that people rarely contact her before they write their letters. She asked that everyone feel free to contact her in order to discuss any issues before publishing a letter. Commissioner Beaver • Asked to get the sidewalk on Royal Palms Drive completed before the end of the fiscal year. He believed there was money remaining in the sidewalk repair/construction budget and asked the City Manager and the Public Works Director to review that and bring back some information for them at the next meeting. • Spoke in favor of continuing the dialogue on the height limit issue and supported letting the Community Development Board review the issue and bring information back to the Commission. Mayor Meserve • Requested that the Commission provide the dates and times they are available for the upcoming budget and community character workshops. Adjournment There being no further adjourned at 8:30 p.m. ATTEST: ~~ yor declared the meeting Joh~Nl~ser~, Mayor/Presiding Officer Donna L. Bussey City Clerk