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Draft Min 3-8-04 MINUTES ~* REGULAR CITY COMMISSION MEETING MARCH 8, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The invocation, given by Commissioner Beaver, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of February 23, 2004 Commissioner Beaver requested a correction of the voting as recorded under Item 1, Page 1 Commissioner Waters requested a correction of the voting on agenda Item 3B, as recorded on Page 5. Motion: Approve Minutes of the Regular Meeting of ~* February 23, 2004, as amended to correct scrivener errors found on • . Pages 1 and 5. ~"" Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve '"'" Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors Hidden Cove A. Hidden Cove Homeowners' Association Homeowners' Association Gregory Andriotis of 2182 Featherwood Drive, representing the Hidden Cove Subdivision Homeowners' Association, requested that the Commission address the issue of the unacceptable appearance of the property at 618 Dutton Island Road West, located directly across the street from the entrance to their subdivision. Mr. Andriotis listed several items he found unacceptable, and stated he believed the appearance of the lot would ~** ``'~ March 8 2004 REGULAR COMMISSION MEETING Pase 2 negatively impact property values in the area if allowed to continue. He ~"' also complained regarding the size of a skateboard ramp constructed on another property in the area. Mayor Meserve assured Mr. Andriotis that city would address his concerns and report back to him regarding the actions taken by the City in this matter. J.P. Marchioli of 414 Sherry Drive commented on the following items: (1) He sent an e-mail to Jacksonville Mayor Peyton suggesting that visitors should come early to the Superbowl to familiarize themselves with the area. He then inquired concerning activities planned for the City of Atlantic Beach. Mayor Meserve indicated the three beach cities were working together and a meeting of the Superbowl Cornmittee was scheduled for 3:00 p.m. on Thursday at the Sea Turtle Inn, (2) Suggested that the entrance to Johnston Island be configured similar to the entrance to the Lighthouse restaurant located adjacent to the Beach Boulevard bridge, and (3) He felt there was no need for the Construction Site Management Plan Ordinance (Item 7B). He believed contractors would cooperate if informed of any problems. Pat Pillmore of 995 Camelia Street read a prepared statement concerning „~ the function of city planning and her vision for the future development of Atlantic Beach while retaining its small town character and government. (A copy of Ms. Pillmore's statement is on file in the office of the City Clerk). Jane Wytzka of 352 Second Street commended the Mayor for his remarks in the March issue of the Tideviews Newsletter regarding growth and the dilemmas facing the Commission to control growth and maintain the small __ - _ .: ::~- town quality of life enjoyed by residents. Ms. Wytzka reiterated her .. -: - ~ ~cnncet~n ghat the new thirty-five feet tall homes being constructed on fifty foot lots were destroying the character of her neighborhood. She believed the Commission should consider the wishes of longtime property owners to limit construction to smaller homes. Ms. Wytzka also supported paying Atlantic Beach police officers the same wages as the City of Jacksonville. Sally Clemens of 1638 Park Terrace West commented on Bridge Tenders ~" postponement of their requests to change the future land use map from conservation to residential, medium density and .general commercial related to the small scale development activity known as The Atlantic Beach Yacht ~"" Club located on Johnston Island, and to rezone the property to a Planned Unit Development as being a sign that they might want to be good neighbors and do the right thing. She commended the Community ~"" Development Board for voting 7 - 0 to deny the request. Mrs. Clemens felt that if Mr. Zajack, the developer, had not finalized his purchase of the property, he could write off his loss. If that was not possible, she '~'" suggested that Mr. Zajack develop the property more in the character of the .. A ~.* March 8 2004 REGULAR COMMISSION MEETING Page 3 city, with a vision to allow wildlife and the citizens of Atlantic Beach to ~""' enjoy the island in a more natural environment, or he could assist the City of Atlantic Beach with obtaining the property for addition to its park system. 3. Unfinished Business from Previous Meeting Report on Sidewalk at A. Report on Sidewalk at 5th Street and Sherry Drive (Comm. 5th Street & Sherry Dr. Parsons) Commissioner Parsons reported that unfortunately he was unable to reach an agreement with the property owner and the city would have to go back and redesign the sidewalk. Items 7C and D were taken up at this time. The Mayor explained that while ~. the applicant had requested that the items be withdrawn and continued at a future date, the public hearings had been advertised and would be held at this time. 7C. Ordinance No. 52-04-03 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE NO. 95-90-48, AS AMENDED, SAID ORDINANCE NO. 31-04-03 WHICH SHALL CHANGE THE LAND USE DESIGNATIONS AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) F OR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS THE ATLANTIC BEACH YACHT CLUB, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT, SEVERABILITY; RECODIFICATION AND AN EFFECTIVE DATE (Applicant has requested that this item be withdrawn at this time and be continued at a future date. The public hearing will be readvertised when it is rescheduled) D. Ordinance No. 52-04-02 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 52-04-02, REZONING LANDS AS DESCRIBED HEREIN TO PUD (PLANNED U NIT D EVELOPMENT); PROVIDING FOR S PECIAL CONDITIONS; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN ~. March 8 2004 REGULAR COMMISSION MEETING Page 4 EFFECTIVE DATE (Applicant has rega~ested that this item be '"'' withdrawn at this time and be continued at a futacre date. The public hearing will be readvertised when it is rescheduled) ""' Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. It was reported that as of this time, no date had been set for the matter to be brought back to the City Commission. Consent Agenda 4. Consent Agenda Monthly Reports A. Acknowledge receipt of monthly reports: Building Department, Public Works, and new Occupational Licenses (City Manager) Motion: Approve Consent Agenda Items A as presented. ~, Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~,,, Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Resolutions 6. Action on Resolutions: None. Ordinances 7. Action on Ordinances A. Ordinance No. 58-04-29 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM AND DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO PROVIDE A DEFERRED RETIREMENT OPTION PROGRAM FOR PARTICIPANTS; CHANGE PAYMENT OF PENSION BOARD EXPENSES; AND AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO PROVIDE ADJUSTMENTS FOR NORMAL RETIREMENT BENEFITS; PROVIDING ADJUSTMENTS TO OPTIONAL FORMS OF PENSION PAYMENT; PROVIDING FOR EARLY RETIREMENT BENEFITS; PROVIDING ADJUSTMENTS FOR DEFERRED RETIREMENT BENEFITS; PROVIDING FOR DEATH BENEFITS; PROVIDING CHANGE TO PAYMENT OF PENSION BOARD EXPENSES; ~• .~. March 8 2004 REGULAR COMMISSION MEETING Paee 5 PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. He then opened the floor for a public hearing. No one spoke and the public hearing was closed. Mayor Meserve explained that the DROP Plan was an option for employees to choose and when implemented, it was to remain cost neutral to the city. Motion: Approve Ordinance No. 58-04-29 on final reading. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED There was no discussion. B. Ordinance No. 25-04-35 Introduction & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, ARTICLE 2, BUILDING CODES, TO ADD A NEW SEC. 6-18, CONSTRUCTION SITE MANAGEMENT, TO INCLUDE A CONSTRUCTION SITE MANAGEMENT PLAN Mayor Meserve opened the floor for a public hearing. Jane Wytzka applauded the efforts of the Commission and staff to pass this ordinance and gave it her full support. No one else spoke and the Mayor closed the public hearing. Motion: Approve Ordinance No. 25-04-35 on final reading. Commissioner Beaver inquired as to how contractors would be notified of the new regulations. Building Official Ford stated that a summary of the '"' ordinance would be included with the building permit application. Moved by Simmons, seconded by Waters '°"'" Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 '""' MOTION CARRIED (A public hearing for Items 7C and 7D was conducted prior to approval of the Consent Agenda). March 8, 2004 REGULAR COMMISSION MEETING Page 6 "" 7C. Ordinance No. 52-04-03 Public Hearing and First Reading 7D. Ordinance No. 52-04-02 Public Hearing and First Reading (Applicant r egttested t hat t hese i terns b e w ithdrawn a t t leis t ime a nd be """" continued at a future date. The public hearings will be readvertised when they are rescheduled) Items 7C and 7D were taken up earlier in the meeting. See Pages 3-4. E. Ordinance No. 95-04-86 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 23, VEGETATION; CREATING A TREE PRESERVATION PROGRAM; PROVIDING GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING PRESERVATION INCENTIVES AND REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve stated that for reasons cited in his memo dated March 8, 2004, which was e-mailed to City Manager Hanson and City Clerk King and copied to the Commissioners and Tree Board Members, he would like to defer action on the ordinance to allow time for the Tree Board to address ~„ those issues and make recommendations. A copy of the memo is attached and made part of this official record as Attachment A. Motion: Defer action on Ordinance No. 95-04-86 to allow time for the Tree Board to review the ordinance and make a recommendation. ~,,, Discussion of the Mayor's concerns ensued. Commissioner Parsons stated he would like to see citywide preservation of the tree canopy and strict rules concerning lot clearing. Commissioner Waters favored preserving trees on a• public rights-of--way, and stated that unless there was an emergency, requests for tree removal should go before the Tree Board. City Manager Hanson explained that the Tree Board reviews requests for tree removal on rights-of--way by private citizens, and the proposed ordinance would require Tree Board approval for tree removal by the city. !~ He indicted that the city's work in rights-of--way was different than a private owner's and should be considered separately or exempted. City Manager Hanson indicated that under the present ordinance, the city and its ' franchisees were exempt from obtaining a permit to remove trees, but indicated that all city tree removal requests must receive his approval. He believed the city should remain exempt from Tree Board review. Commissioner Beaver agreed with the City Manager's comments in that the city should have latitude to make decisions regarding tree removal. He ~++ .~. March 8 2004 REGULAR COMMISSION MEETING Page 7 believed the franchisees should not be exempt from review by the Tree Board and requested that their exemption be deleted from the ordinance. Commissioner Simmons believed the city should not depend on the City ~"" Manager to review the city tree removal requests because in the future the city may not always have a City Manager who will protect trees. ~" Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~" Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Camp, Dresser & A. Award contract to Camp, Dresser, & McKee in the amount of McKee Contract $26,500 for Phase II of the Effluent Copper Mixing Zone (RFP 0203-7) (City Manager) Motion: Award contract to Camp, Dresser, & McKee in the amount of $26,500 for Phase II of the Effluent Copper Mixing Zone (RFP 0203-7). ~• City Manager Hanson reported that the city's share of the costs, which were to be divided among the three beach cities was $11,925. Moved by Simmons, seconded by Waters Votes: ~. Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Pump & Motor B. Authorize staff to use the city's annual electrical contractor, Installation Well No. 2 Brooks and Limbaugh, and extend the existing contract with W. ~* Earl Floyd to complete the installation of a pump and motor on Well No. 2 and waive the formal bidding process (City Manager) Motion: Authorize staff to use the city's annual electrical contractor, Brooks and Limbaugh, and extend the existing contract with W. Earl Floyd to complete the installation of a pump and motor on Well No. 2 !"' and waive the formal bidding process. There was no discussion. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~. March S 2004 REGULAR COMMISSION MEETING Page 8 Nay: 0 MOTION CARRIED Surplus Items C. Approve list of items to be declared as surplus to the City of Atlantic Beach (City Manager) Motion: Approve the list of items to be declared as surplus to the city. (The list of items is attached and made part of this official record as Attachment B). There was no discussion. ~, Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~„ Nay: 0 MOTION CARRIED Public Hearing and D. Public Hearing to authorize transmittal of proposed Transmittal amendments to the 2005 Comprehensive Plan, based upon the Authorization Evaluation and Appraisal Report of the Comprehensive Plan, to the Florida Department of Community Affairs and other agencies as set forth in Section 163.3184(3), Florida Statutes, requesting review of the proposed amendments by said agencies Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. Motion: Authorize transmittal of proposed amendments to the 2005 Comprehensive Plan, based upon the Evaluation and Appraisal Report of the Comprehensive Plan, to the Florida Department of Community Affairs and other agencies as set forth in Section 163.3184(3), Florida Statutes, requesting review of the proposed amendments by said '~' agencies. Moved by Beaver, seconded by Waters "~" Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 "`~' MOTION CARRIED 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson commented on the following items: ~• ~. March 8 2004 REGULAR COMMISSION MEETING Page 9 • Reported that the new phone system to be purchased for the Public '"' Works building was an AVAYA system incorporating Lucent Technologies. The replacement system will be purchased from State Contract at a cost of $10,091.49. • Reported that the City of Atlantic Beach and the City of Jacksonville Beach were working together with a local attorney to renegotiate the city's cable television franchise, which expires in 2005. He further reported that the franchise agreements and ordinances for each city have been prepared and were based on those of the City of Jacksonville. He indicated that the renegotiation might be long and difficult since Comcast preferred that the cities use their standard franchise ordinance, not one based on the City of Jacksonville franchise. • Reminded the Commissioners that the Northeast Florida League of Cities dinner to beheld at the Sea Turtle Inn on March 18`" Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Inquired concerning the property on Dutton Island Drive West. Code Enforcement Officer Sherrer provided background information and addressed each item of the complaint. He stated that the tenants had been most cooperative in resolving all issues concerning the property, and they were in compliance with all city codes. Mr. Sherrer reported that he was working with the owners of the skateboard ramp and they had reduced its height by four feet. Commissioner Simmons • Commented on Phase III of the Town Center Project and expressed ~" concern regarding the visibility of the west edge of the road and suggested painting a stripe on it to delineate it from the sidewalk. ""' • Commented that there were no bricks in the Town Center Phase III area and suggested for continuity that bricks edge the sidewalk on the west side of the street. • Referenced the Town Center Parking Study Report presented to the Commissioners earlier that evening and stated she opposed the suggestion that the public right-of--way on Beach Avenue between the Sea Turtle Inn and ls` Street be used for parking spaces. She believed the landscape buffer, which would have to be removed for parking on the site should remain. w. March 8 2004 REGULAR COMMISSION MEETING Page 10 '""" • Commented that the Johnston Island density proposed by the developer was 30-36 units on 3 acres of land, whereas, medium density was 7-14 units per acre. Commissioner Parsons • Reported the sculpture, which was commissioned in 2001 by the Cultural Arts Board, and a cement base to mount it on would be delivered in two weeks. He stated that originally, the Cultural Arts Board recommended installing the sculpture by the Fire Department building at the five way stop. He suggested relocating the sculpture by the new skateboard park due to potential damage to tree roots at the five way stop site. ,~, Mayor Meserve inquired if the Cultural Arts and Recreation Advisory Committee approved the relocation. Commissioner Parsons responded that they did not have a quorum at their last meeting and had not met ~,,, this month, but he had spoken to Rusty Pritchett and one other member. Discussion ensued and it was the consensus of the Commission that the entire Committee provide input concerning the sculpture relocation. Commissioner Simmons expressed concern that skateboarders would damage the sculpture if placed near the skateboard park. Commissioner Beaver requested that Commissioners be provided with a picture showing the size of the sculpture with the base. Commissioner Waters • Agreed with Commissioner Simmons that bricks were needed on the second block of Town Center to tie it in with the central area. • Recalled discussing the installation of two parking spaces on the north side of the Sea Turtle and inquired as to the expense for the installation. City Manager Hanson indicated that the contractor's price was too high and city staff would do the work. • Reported on the door prizes that had been received for the Northeast Florida League of Cities dinner meeting. Mayor Meserve • Believed the City of Atlantic Beach should take the lead to develop a plan with the City of Neptune Beach with some of the concepts '~" and ideas set forth in the Town Center Parking Committee Report. ~• ~• '"' March 8 2004 REGULAR COMMISSION MEETING Paee 11 He proposed that staff come back at the next meeting with a recommendation as to how to accomplish this using the city's new zoning and sign ordinances as models. He indicated that the City of Neptune Beach was in the process of adopting a sign ordinance patterned after the Atlantic Beach sign ordinance. He believed common items should be addressed first and then set up a parking organization. Commissioner Simmons inquired if the parking organization would ~°" be acknowledged as a temporary organization with powers to be developed. Mayor Meserve indicated that both cities would have to agree to what was set forth in the plan. As an example, he felt that `~" there should be uniform rules/plan to address variance requests for Town Center. Commissioner Parsons said he would not want anyone parking in front of his house, if he lived on 1St Street and suggested a map be drawn up with an overlay to show the proposed parking spaces listed in the report. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:30 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk ~+. ~.