08-22-05 vMINUTES
REGULAR CITY COMMISSION MEETING
August 22, 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
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
ABSENT: City Attorney Alan C. Jensen
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
Mayor Meserve announced that, due to travel delays, the City Attorney
would not be able to attend the meeting that evening.
Approval of Minutes 1. Approve minutes of the Regular Commission meeting of August
8, 2005.
Commissioner Simmons referred to the sentence on page eleven which
reads, "Commissioner Simmons declared Saint Augustine grass to be more
durable, and thus more desirable, than turfbloc." She requested that her
statement be amended to read that she believed Saint Augustine grass does
not work in turbloc and that using turfbloc would preserve pervious surface
but would not preserve green space.
Motion: Approve minutes of the Regular Commission meeting of
August 8, 2005, as amended.
Moved by Simmons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Dan Foglton, 333 Fourth Street, commented on the manner in which City
funds are being spent on beautification projects, such as the sculpture in
front of the Public Safety building, the Five Points Intersection
improvements, and the proposed welcome sign. He asked that the
Commissioners talk to the residents and voters in the City to determine
Aueust 22, 2005 REGULAR COMMISSION MEETING Page 2
••. what they consider as priorities for spending the City's money. He
suggested that the City should look into city hiring practices and public
works projects. He emphasized that the City should first spend money on
the safety and security of the citizens and the beach, rather than on aesthetic
improvements.
Sally Clemens, 1638 Park Terrace West, discussed proposed
recommendations for the Tideviews Park property. She believed that
regulated supervision would ensure that safety and noise control are
priorities for the area. She offered a number of suggestions for providing
supervision and monitoring of the area. She stressed the importance of the
entire community working together to solve problems. Ms. Clemens also
addressed the proposed welcome sign. She asked for more information and
dialogue from staff to communicate to the citizens why their money is being
spent on the project.
J.P. Marchioli, 414 Sherry Drive, complimented Mr. Foglton and Ms.
Clemens on their comments. He stressed the importance of citizen
participation in City affairs. Mr. Marchioli expressed his concerns and
frustrations with the ongoing speeding traffic on Sherry Drive. He
discussed the Five Points intersection design and stated the need for
southbound Seminole Road to have a right turn lane to Plaza.
Pat Pillmore 995 Camelia Street, commented on the Tideviews Park area.
She discussed the negative changes that have occurred in the area since the
exit road was removed and asked that the situation be reviewed and
reconsidered.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
None
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Financial Report, Utility Sales
Report and Building Department Report for July 2005 (City
Manager)
B. Extend contract with Cintas Corporation for one year at the
current cost, which is estimated at $9,500 for Uniform Rental
and Cleaning for City Employees (City Manager)
C. Award a one (1) year contract to expire on September 1, 2006 to
Coverall Cleaning Services in the amount of $46,200.00 for
Janitorial Service for City Facilities (Bid No. 0405-10) (City
Manager)
D. Award annual contracts for environmental laboratory services
to Columbia Analytical Services, Inc. and Advanced
Aueust 22.2005 REGULAR COMMISSION MEETING Paee 3
•. Environmental Laboratories, Inc. at the unit prices provided in
the proposals submitted in response to RFP 05-6 (City Manager)
E. Approve Interlocal Agreement with the City of Jacksonville for
NPDES Monitoring and authorize the Mayor to sign the
Agreement (City Manager)
F. Reject the bid submitted by Muhammad Lawn Maintenance
and Landscaping Services for Sod Installation for the Public
Works Department (Bid#0405-20) and allow the City to
purchase and install sod on an as-needed basis, at a cost
considerably less than the submitted bid (City Manager)
Motion: Approve Consent Agenda Items A through F as presented
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 5-05-44, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, ADMINISTRATION, ARTICLE V. BOARDS AND
COMMISSIONS, DIVISION 2. CODE ENFORCEMENT BOARD, BY
ADDING ALTERNATE MEMBERS TO THE CODE
ENFORCEMENT BOARD, AND PROVIDING AN EFFECTIVE DATE
Motion: To approve Ordinance No. 5-05-44 on first reading.
Commissioner Simmons asked the Commission for discussion on whether
they would like to consider having one or two alternate members on the
Board. Commissioner Waters asked how the years of service would be
calculated for alternate board members. Commissioner Simmons stated that
the intent of the Code Enforcement Board was not to count the alternate
members' service as regular member terms, but rather to provide the
alternate members with experience and training so that they could be
considered for future vacancies on the board. Commissioner Waters
believed that one alternate member would suffice.
Mayor Meserve suggested the Commission could approve the ordinance
and try it with only one alternate member to see how it works.
Aueust 22, 2005 REGULAR COMMISSION MEETING Paee 4
Commissioner Beaver discussed the need to include language that would
clarify the classification of the time served by the alternate members so that
it would not be included in the same parameters as regular board members.
Commissioner Parsons concurred that only one alternate member was
needed. He discussed various situations concerning the alternate member's
inclusion in the board's quorum. The Mayor stated that the City Attorney
had some comments regarding the issue and suggested that they receive his
input prior to the second reading. He asked City Manager Hanson to work
with City Attorney Jensen on the language being presented and noted that
the results may require another first reading of the ordinance.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Public Hearing and final reading of proposed Ordinance 52-05-
03, adopting the Johnston Island PUD, as submitted and
amended by Prosser Hallock on behalf of Bridge Tenders, LLC.
Upon adoption, said ordinance shall rezone approximately 7.5
acres from Conservation to Planned Unit Development and
approve the development plan, which contains ten residential
lots, a 25-slip private marina and marina club with parking,
associated amenities and accessory uses, open space and
submerged lands occupying the remainder of the site.
Ordinance No. 52-05-03, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
REZONING LANDS AS DESCRIBED HEREINAFTER FROM
CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT
(PUD), SAID LANDS TO BE KNOWN AS THE JOHNSTON ISLAND
PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE;
REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Meserve read the ordinance by title only.
Motion: To approve and adopt Ordinance 52-OS-03, upon second
reading and following public hearing, enacting the ohnston Island
PUD, consistent with the recommendation of the Community
Development Board and approval of the development plan as
represented by Exhibit D -Master Development Plan.
Mayor Meserve opened the floor for a public hearing on the item.
August 22, 2005 REGULAR COMMISSION MEETING Page 5
Pat Pillmore, 995 Camelia Street, believed that no decisions should be
made regarding Dutton [Johnston] Island until after November, when the
results from the elections and from the Atlantic Beach Community
Character workshops have been determined. She suggested that a vision
statement be developed for the Community Development Board to use
when reviewing the plans. She questioned why the language of the
proposals are not discussed more before the final reading of the ordinance.
Ms. Pillmore asked why there was not more discussion regarding
preservation of the wetlands area of the island. She believed the issue of
parking needs to be addressed more carefully and completely by the
Community Development Board. Ms. Pillmore gave the City Clerk her
written statements, which are attached and made part of this official record
as Attachment A.
Paul Harden, 1301 Riverplace Road, Jacksonville, stated that he
represents the developers, Bridge Tenders, LLC. He noted that the land use
map amendment has been in effect for a long time and failure to rezone
Johnston Island consistently with the City's Comprehensive Plan is
inconsistent with the City's land development regulations and the state law.
He stated that he has not yet heard anyone limit the amount of discussion on
this topic and that there have been many meetings regarding the plan. The
revised plan was filed with the City months ago and has been available for
anyone to review since then. It was presented and discussed at a public
hearing in July before the Community Development Board and was
recommended for approval by that Board He indicated that the
preservation of the wetlands is clearly designated on the site plan and that
the parking issue is also clearly set forth on the site plan.
Carolyn Woods, 303 Sixth Street, introduced herself as a citizen and as a
member of the Community Development Board. She clarified that even
though the CD Board recommended approval of the plan, there was a lot of
discussion and concern regarding commercial development on the site. She
believed that the developers' plans for the half acre commercial site is more
than can fit on half an acre. She asked that the Commission carefully
review and ensure that the plan clearly states the specific details regarding
the nature of the commercial development and where it is going to be
located.
There being no further comments from the public, the Mayor closed the
public hearing and brought the item before the Commission for discussion.
Mayor Meserve noted the large amount of discussion and deliberation that
the City has had on this issue and how much the plan has changed since the
original request. He indicated that this is the beginning, not the end, of the
process since the plans will still need to be reviewed by many more
agencies and departments before receiving the proper permitting.
Commissioner Waters asked for clarification of Section 5 of the proposed
ordinance. Sonya Doerr, Director of Planning and Zoning, and Paul
August 22, 2005 REGULAR COMMISSION MEETING Page 6
Harden, on behalf of Bridge Tenders, LLC, explained the meaning of the
"savings clause" and summarized that the developers are required to abide
by any future changes in the land development regulations, unless there is a
specific conflict with what was approved in the PUD.
Commissioner Waters asked for clarification of what the state laws require
of a "clean marina." Mr. Harden explained that a clean marina is not
defined by state law, but is an administrative designation. He indicated that
they agreed to comply with the clean marina set of standards established by
the Florida Department of Environmental Protection and by the Department
of Agriculture. Ms. Doerr commented that this was similar to a Best
Management Practices standard for the development and maintenance of
marinas.
Commissioner Waters referred to page two in the summary of the plan. He
remarked that the parameters of the commercial area are not set forth as
clearly as those of the residential area. He noted that the language indicates
that commercial uses are limited to private club dining facilities.
Commissioner Waters discussed the mixture of uses within the PUD and
questioned pavers being included as a pervious surface. He asked for the
definition of a flag lot and discussed its width and square footage. Mr.
Harden and Tony Robbins, of Prosser Hallock, Inc., both offered
explanations and noted that all standards regarding square footage were met
in the plan.
Discussion followed regarding the accessory residential units and their
conditions for use and design. Commissioner Waters suggested that the
language regarding the accessory units needed to be more clearly and
specifically stated. Mr. Robbins, on behalf of Bridge Tenders, offered to
limit the maximum size of any accessory dwelling units to 1200 square feet
in size.
Commissioner Waters inquired about the six-foot height limit for fences, as
stated on page seven of the PUD narrative. Ms. Doerr stated that this was
the allowable fence height throughout the City, except in the required front
yards of lots. Discussion ensued regarding the purposes and locations for
fences in the development. Commissioner Waters asked for further
clarification of the consultation required for using herbicides and pesticides
as part of the maintenance of the landscaping. It was noted that the
Community Development Director, Sonya Doerr, would defer to the City's
Parks and Recreation department in order to receive the proper input and
information when consulted on this issue.
Commissioner Waters asked for more specifics regarding the colonnades, as
referenced in the streetscape section on page eight of the plan. Mr.
Robbins, of Prosser Hallock, provided further information on the subject,
noting their purpose is to provide some shaded area within the development.
Commissioner Waters discussed the issue of fire protection, as addressed on
Aueust 22, 2005 REGULAR COMMISSION MEETING PaEe 7
page nine of the PUD, and stressed the importance of providing the proper
access routes for emergency vehicles and equipment.
Commissioner Waters referred to the language relating to the covenants and
restrictions of the PUD. He pointed out the ability for the property owners'
association to change the PUD status of the property and expressed
concerns with this. Noting that the property owners association would own
all open space within the residential area, he inquired who would own the
commercial element. Mr. Harden responded that the private club owner
would control that aspect. Ms. Doerr advised that a property owners'
association could not change the terms or conditions of the PUD once
approved. She stated that this could only be done by action of the City
Commission as set forth in the Land Development Regulations.
Commissioner Parsons expressed concern with issues regarding the
maintenance of the street and the public utilities. He emphasized the
importance of installing the utility lines underground and asked that the
language in the PUD reflect that as a requirement. Commissioner Parsons
requested that the property owners' association bylaws require approval by
the City of Atlantic Beach. Mr. Harden questioned the necessity of this,
given that the development is required to be in compliance with all aspects
of the Ordinance, as approved by the City Commission. Ms. Doerr again
noted that such a change would require an amendment to the PUD and
would require action of the Commission. She also stated that the PUD
requires utility lines to be place underground.
Commissioner Beaver asked Ms. Doerr to address Carolyn Woods'
concerns about the commercial uses on the site. Ms. Doerr referred to the
eight revisions to the PUD requested by the Central Business District that
were provided to, and discussed by, the City Commission at their last
meeting. She pointed out that these eight revisions were all included in the
PUD. She indicated one of those revisions was that the commercial uses be
defined and only those specified commercial uses would be allowed. Ms.
Doerr stated that the only commercial use was the private club.
Commissioner Beaver expressed he had the most concern with the issue of
the layout of the land and the portion being used as a floating restaurant.
He noted that there is still a lot of information yet to be reviewed and
reiterated that all of the City's requirements will need to be addressed.
Commissioner Simmons noted that the City Code states that any
subdivision plat must come before the Commission for final approval and,
at that time, they will be able to review additional details.
Further discussion ensued regarding the various phases of the entire
permitting and approval process. Ms. Doerr noted that this agenda item
also includes the detailed development plan and stated that the City has
required many more details to be included as part of this project than
typically included at the zoning approval stage. She reiterated that the
subdivision plat for the project will come back to the Community
Development Board and to the Commission, and that the project still has
August 22, 2005 REGULAR COMMISSION MEETING Paee 8
lengthy review and permitting approvals from other agencies before the
City issues permits.
Commissioner Waters questioned the issue of parking lots being established
in areas zoned as residential. Sonya Doerr, Director of Planning and
Zoning, provided further clarification on the subject.
Addressing comments about long-term maintenance of streets and parts of
the project that will be private, Mayor Meserve noted that the terms of the
Selva Marina development were not the same as the current PUD proposal
being discussed. Ms. Doerr confirmed that the privately owned areas of this
PUD are required to be permanently maintained by the owners. She noted
that future owners would be made aware of the PUD restrictions when they
purchase property in the PUD.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
"' Miscellaneous Business 8. Miscellaneous Business
A. Award a contract for Construction of the 5 Points Intersection
Improvements and authorize the City Manager to execute the
agreement for construction services on the City's behalf (City
Manager)
Rick Carper, Director of Public Works, displayed a picture of the proposed
plan. He noted that the bids were opened last Wednesday and, of the three
bidders, staff recommends awarding the bid to the lowest bidder, Callaway
Contracting. He discussed the additive alternative items of installation of
annuals and irrigation of the project. Mayor Meserve mentioned that the
budget authorized $250,000 for the project with $33,000 remaining for
design of the project.
Commissioner Waters asked if the project's design included an increase in
safety at the intersection. Mr. Carper confirmed that closing in the
intersection of the streets improves the safety of the area. He also noted that
the turnaround at the mailbox on Plaza was moved further down the road so
people would not be pulling in and quickly turning back around in order to
mail letters. Commissioner Simmons supported the tightening up of this
intersection.
Mayor Meserve commented that the project has been given much time,
thought, and study. He pointed out the safety features being included, such
as well-designed cross walks, better lighting in the dark, and improved
August 22, 2005 REGULAR COMMISSION MEETING Page 9
traffic flow which assists emergency vehicles in passing through
unimpeded. He noted that the majority of City funds are normally spent on
public safety issues and that, in recent years, very little has been spent on
beautification projects. The Mayor supported this project and believed it
would be a good improvement for the City.
Motion: To award a contract for Construction of the 5 Points
Intersection Improvements to Callaway Contracting Company and
authorize the City Manager to execute the agreement for construction
services on the City's behalf
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Vegetation for Restored Dunes (City Manager)
Rick Carper, Director of Public Works, explained that this item is seeking
authorization for funding the planting of sea oat vegetation to help preserve
the restored dunes. He indicated that the City has already sent out an
invitation for bids, just to begin the process. City Manager Hanson stated
that the City anticipates receiving funds from the state and from other
sources to help reimburse the remaining expense of the project.
Commissioner Waters asked for further details on what the project entails
and if irrigation would have to be included. Mr. Carper responded that the
project involves installing 5-6 plants per lineal foot and that new
technology, using gel packs to water the sea oats, eliminates the need for
irrigation.
Commissioner Parsons inquired if other types of vegetation, besides sea
oats, would be planted. Mr. Carper stated that right now they only planned
on utilizing sea oats. Commissioner Parsons asked if the overwalks
remained in good standing since the beach renourishment. Mr. Carper
confirmed that they were all in working condition.
Due to questions received from citizens' phone calls, Commissioner
Simmons provided further explanation and details regarding the different
types of dune damage repaired by the beach renourishment project.
Motion: To authorize the City Manager to contract for sea oat
planting to ensure long-term stability of the restored dunes.
August 22, 2005 REGULAR COMMISSION MEETING Paee 10
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Mosquito Control Program (City Manager)
There was no discussion.
Motion: To award the Mosquito Control Services contract (Bid 0405-
21) to Bluewater Environmental.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Approve contract with GAI for the proposed services of the
Mayport Road Median Design in the amount of $55,857.77 and
authorize City Manager to sign agreement (City Manager)
There was no discussion.
Motion: To approve the Agreement with GAI for the proposed services
of the Mayport Road Median Design in the amount of $55,857.77 and
authorize the City Manager to sign the contract.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. Subgrant Agreement for Statewide Interoperability Gateway
System (City Manager)
City Manager Hanson explained that the grant would provide for equipment
to interconnect the City's Police Department with other Police Departments
across the state. He stated that the City would be responsible for
maintaining the equipment and for training personnel to use it properly, and
according to state procedures.
August 22, 2005 REGULAR COMMISSION MEETING Page 11
Motion: To approve the acceptance of the equipment discussed in the
Subgrant Agreement for Statewide Interoperability Gateway System
and authorize the City Manager to sign the agreement
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
F. Office of Domestic Preparedness Grant (City Manager)
City Manager Hanson explained that this grant would provide $20,000 in
funding to purchase specific equipment for the Atlantic Beach SWAT.
Motion: To authorize the Chief of Police/DPS to apply for the funding,
and authorize him to electronically sign the on-line application for the
City of Atlantic Beach.
Moved by Simmons, seconded by Beaver
Votes:
'' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson reported that the City's new website has been
launched and it includes a number of new features that will benefit the
public. Some of the new features mentioned were a search function, asign-
up for electronic notifications, news flashes, and an interactive calendar. He
stated that the web address is still the same. He pointed out that it is a work
in progress and that additional functions are continuously being added.
The City Manager also reported that the City has completed the project of
providing better lighting on the pylons leading into Town Center and they
can now be seen more clearly at night. He showed a picture illustrating the
effects of the new lighting on the City's name plaque.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
August 22, 2005 REGULAR COMMISSION MEETING Page 12
. Commissioner Waters
• Thanked the Commission for sending him to the Florida League of
Cities conference last weekend. He discussed a number of the
various resolutions that were proposed and reviewed during the
conference. Some of the issues addressed in the resolutions
included the Community Development Block Grant program,
reimbursements from the federal emergency management agencies,
broadband Internet service access, use of eminent domain funds,
protection of existing cable franchises, support of a successful
program in the Transportation Equity Act for the 21St Century, and
periodic review and approval of Florida sales tax.
• Commented on a discussion at the conference that focused on
methods to rejuvenate a city and to recruit businesses. He suggested
forming a group to look into these methods in order to improve the
City's ability to recruit the appropriate mix of businesses.
Mayor Meserve
• Supported Commissioner Waters' suggestions regarding
rejuvenating the City and reviewing the mixture of businesses,
especially in the Mayport Road area. He noted that Mayport Road
has become a major route to and from the beaches and there should
be serious consideration given to ensuring the area develops
appropriately.
• Reminded the Commission of the budget meeting tomorrow at
4:00 p.m.
Adjournment There being no further discussio e Mayor declared the meeting was
adjourned at 8:50 p.m. \
AT ST:
'~~G
Donna L. Bussey
City Clerk
Officer
ATTACHMENT A
AUGUST 22, 2005 COMMISSION MEETING
j•E' ~' ~2~s-d~Vz-~
,~''~ Gv~`~'~-~ 7~'~--. ,2.~9~c,r..r~ Car.re~ ~3'~~
OG~i~.u~.. .
ff'X-~O~ ~ v.~,-c~z,.. Sritr'~on4~-- is /~U-rZ-~ u,0 ~„t.~
Cv~~C_ vn.. Gv/Jrc_.- G.tr~.G~, ~~- Gc1~ ~~
~. /~ ~t~~,G vv~4-,~-~Sr~/~ !.v ~Fy ~lf~ f~,c,,U,-!!i1',.ar1~+~
r3 ~ ~~-.-1,~4~s3T~ rZ~-.r~fZ2-- . !l 1-o-~z~5 1'Z, 1~cs~,~ ~~~
,3 •. / Gad-v~~' /+c1av"'~~}~i,~.,~,~ dpi 5c~ t~r5rc..~ uc.. T'~ ~f.r- ~as~. ~'
,. ~i~N2~C-,:~-~-. ~,4.n,~c.;,cr~_ ~ Td~,yriz~--_ rris,~ h~_
..~ 5 Ivor A- CrrF-~ ~ r~fz.. ~.,s~.s5 i S 9~" ~r,.,,c-sr~~----~
77J~~ 1...~a,t~j l--i ~ ®oL,' 177.,4-C.., ~~t~v~ ~ ~~.
~l t~4~C-~~ L. ~,.t j ~C,f- .
3LZ~-~