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Draft MIn 4-12-04.. MINUTES REGULAR CITY COMMISSION MEETING APRIL 12, 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 the Mayor was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of March 22, 2004 Motion: Approve Minutes of the Regular Meeting of March 8, 2004, as presented. ~"" Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~"' Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors Mimi Ames of 1614 Park Terrace West stated that she had attended the Community Development Board Meeting on February 20, 2004 when Prosser and Hallock made their presentation, on behalf of Bridge Tenders, for the development of Johnston Island into the Atlantic Beach Yacht Club. She indicated that she was happy that the Board recommended denial of the request to rezone the property from Conservation to Residential and the PUD associated with the requested rezoning. She indicated her opposition to the Atlantic Beach Yacht Club development due to the additional traffic and possible pollution the proposed marina would cause. Ms. Ames urged the Commissioners to deny the request that would be coming before them at the next meeting and preserve the small town atmosphere of Atlantic Beach. ~. ~. April 12, 2004 REGULAR COMMISSION MEETING PaEe 2 Alan Potter of 374 Second Street commended staff for finishing the striping of Ocean Boulevard in such a timely manner. Mr. Potter stated he was opposed to the issuance of revenue refunding bonds (Item 8B). He believed there would be too many costs associated with the refunding and the city would not save any money. ~, Dane Smith of 620 Paradise Court expressed concerns relative to Code Enforcement issues on the west side of Mayport Road. Mr. Smith reported that piles of trash had remained on several sites for a long period of time ~„ and he inquired if something could be done about the continual problem. He also requested that consideration be given to planting trees in the neighborhoods west of Mayport Road. Mr. Smith urged a Commissioner to ~, meet with him to discuss the problems. Steven Kuti of 1132 Linkside Drive welcomed Rick Carper, the city's new ~. Public Works Director, and stated that he was happy to see he was an Atlantic Beach resident. ~.. Mr. Kuti indicated that the ditch at 11 `h Street was well maintained on the south side of the street but on the north side of the street the ditch was full of garbage and needed to be cleaned. Mr. Kuti urged the Commission to maintain the 35' height limitation for any development they might approve for Johnston Island. Sally Clemens of 1638 Park Terrace West complimented the Commissioners on their willingness to preserve the quality of life and !"' maintain the character of the city. Mrs. Clemens stated that she opposed changing the zoning on Johnston Island from Conservation to Residential and opposed any height increase from the current 35' for the proposed "" development on the island. Mrs. Clemens requested that copies of the revised development plans for ""' the Atlantic Beach Yacht Club be provided to the citizens prior to the April 26`h Commission Meeting. "~" Tom Foppiano of 377 4`h Street thanked those responsible for the installation of the shower on 4`h Street behind the school. City Manager Hanson stated that it was apublic/private endeavor and requested that he "~ call him in the morning for the information. Mr. Foppiano was directed to contact the City Manager concerning additional signage for the existing crosswalk on 4`" Street, installation of an additional crosswalk on 4`h Street, s. and animal control issues. Mr. Foppiano stated he opposed the Johnston Island development for reasons stated inane-mail to Commissioner Parsons and indicated that his e. April 12, 2004 REGULAR COMMISSION MEETING Page 3 neighbor, Kathleen Smith, wanted the sculpture (Item 3B) to be placed at the original approved location. J. P. Marchioli of 414 Sherry Drive stated he had heard the rear (Plaza) entrance to the Post Office had been approved. He also commented that far more people were killed in automobile accidents in the United States in one year than the total number of military personnel killed during the Iraq war. Mr. Marchioli also stated that he was pleased to witness recent traffic enforcement on Sherry Drive and indicated that more than thirty tickets were issued for speeding. Roundabout Study A. Report on Roundabout Study by GAI Consultants Ron Hoogland, PE, Fraser Howe, PE and Sylvester Asiamah, PE of GAI Consultants, were introduced. Mr. Howe explained the visual presentation ,~,, of the results of the their roundabout feasibility study for the intersection of Seminole Road, Sherry Drive and Plaza. A copy of the presentation is attached and made part of this official record as Attachment A. Mr. Howe explained the safety features of a roundabout, the movement of traffic through the roundabout, the impact(s) the roundabout would have on ~. the existing intersection and what it would take to build the roundabout. He estimated cost to build the roundabout, including design, would be $530,000. A question and answer session followed the presentation, with discussion centering on the ability of fire trucks to access the roundabout and to safely ~* back into the fire station. Commissioner Parsons inquired concerning the time to construct the ~. roundabout. Mr. Howe indicated construction would take approximately .three months, with relocation of utilities taking the most time. "' Commissioner Beaver requested that Chief Thompson comment on any safety concerns he might have regarding the roundabout. Chief Thompson responded that the intersection was already safe with few accidents. He felt ""' it would not be convenient for the fire department to back their trucks into the building. He indicated that whatever was in the middle of the roundabout would impede movement of the fire truck and would be backed '"" over by the trucks. Discussion ensued concerning driving the fire trucks through the rear entrance to the building. Chief Thompson felt this was not possible because the current fire trucks were much larger than those in use "~" when the building was designed. Mayor Meserve commented that word "generally" had been used when describing the roundabout design as being generally safer than the existing ~. "w April 12 2004 REGULAR COMMISSION MEETING Pace 4 all-way-stop and as generally operating more efficiently than intersections ""' and inquired if the roundabout would make an improvement to an intersection which experienced few accidents. Mr. Howe responded that it would be no less efficient or safe. Mr. Howe pointed out that a 6-8' wide apron for fire trucks and larger vehicles to drive on would surround the central island of the roundabout, ~"" and the approaches were designed to make vehicles slow down. Mayor Meserve thanked Mr. Howe and the others for the presentation and indicated that consideration of the roundabout would be taken up during the upcoming budget workshops. Former Commissioner Steve Rosenbloom of 1417 Beach Avenue believed the addition of the roundabout would make the area more attractive. He commended the city gardener for the improvements that have been made to make the area more aesthetically pleasing. (A copy of the complete Roundabout Feasibility Study prepared by GAI Consultants is on file in the office of the City Clerk). 3. Unfinished Business from Previous Meeting City Manager's A. City Manager's Follow-up Report Follow-up Report City Manager Hanson introduced Rick Carper, the city's new Public Works Director, and stated that his first day of work would be April 19`h. He also commented on each item of his written report. A copy of the report is attached and made part of this official record as Attachment B. Sculpture Location B. Report on sculpture location -Commissioner Parsons Commissioner Parsons reported that the Atlantic Beach Public Arts Commission had met and discussed the proposed relocation of the sculpture and the majority agreed to install the sculpture in the location originally selected by the Cultural Arts Board. Commissioner Beaver inquired as to a time frame for installing the sculpture. City Manager Hanson indicated that the cement base would have to be installed first and allowed to cure before the sculpture could be placed on the base. He stated he would keep the Commissioners informed of the progress. Adding Bricks to C. Report and related action regarding adding bricks to the second Second Block of Ocean block of Ocean Boulevard ~, April 12, 2004 REGULAR COMMISSION MEETING Page 5 Utility Director Kaluzniak displayed several options for location of bricks accents to the second block of the project. Discussion of the cost for each option ensued and it was reported that no "~" funds were budgeted for the work and amid-year budget adjustment would be required. Discussion ensued regarding the various options. Motion: Authorize staff to proceed with Items 1, 2, and 3 as listed in the staff report. (Items 1-3 were listed as follows: Installation of brick around the electric pole on the east side of the street, installation of a brick ,~ strip along the west side of the street and installation of brick around the BellSouth box). ,,,, Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ,,, Nay: 0 MOTION CARRIED Consent Agenda 4. Consent Agenda Commissioner Parsons requested that Item B be removed from the Consent Agenda for discussion. A. Acknowledge receipt of Monthly Reports: Building Department ~* Activity Report, New Occupational Licenses, and Public Works and Public Utility Departments Project Status Report (City Manager) Motion: Approve Consent Agenda Item A as presented. ~"' Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve '" Nay: 0 MOTION CARRIED B. Approve adjustment to the rates in the BFI Contract in accordance with the conditions of the contract (City Manager) '~" Commissioner Parsons inquired concerning the rate increase and when the service was put out to bid. City Manager Hanson explained that the increase was a minimal rate adjustment based on the CPI at the anniversary ~"' of the contract and the solid waste collection was bid two years ago. .. Resolutions Moved by Waters, seconded by Parsons ,~,, Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ,,,, MOTION CARRIED Cammittee Reports Ordinances Anri1 12.2004 REGULAR COMMISSION MEETING Page 6 Commissioner Waters inquired if the level of service was different for residents living west of Mayport Road. City Manager Hanson responded that all service levels were the same citywide. He indicated that the agreement contained an innovative clause whereby the company paid penalties for failed pick- ups. Commissioner Simmons commented that BFI provided a much better level of service than the previous carrier. Motion: A rove Consent A enda Item B as resented. 5. Committee Reports None. 6. Action on Resolutions: None. 7. Action on Ordinances None. Miscellaneous Business 8. Miscellaneous Business Appointments -Tree A. Appointments to the Tree Conservation Board (2) (City Clerk) Conservation Board Mayor Meserve indicated that he wished to reappoint Maureen Shaughnessy and Charles Carroll to two-year terms on the Tree Conservation Board. Motion: _Reappoint Maureen Shaughnessy and Charles Carroll to two- year terms on the Tree Conservation Board. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ,. s~• ~,. April 12, 2004 REGULAR COMMISSION MEETING Page 7 Dunlap and Assoc. B. Authorize the City Manager to Negotiate and Execute a Contract Contract with Dunlap and Associates for Financial Services in Conjunction with the Proposed Issuance of Refunding Utility Revenue Bonds (City Manager) Motion: Authorize the City Manager to negotiate and execute a contract with Dunlap and Associates for financial services in ~. conjunction with the proposed issuance of refunding utility revenue bonds. City Manager Hanson briefly explained the process and indicted that entering into an agreement with Craig Dunlap, the city's Financial Advisor, ~„ would allow the city to be ready to sell the bonds as soon as the rates meet the city's criteria for their sale. Discussion of the costs associated with the refinancing ensued. City Manager Hanson believed the city could expect to save at least $35,000 per year by refinancing the bonds. He indicated that the fee for Mr. Dunlap's services was contingent on the refunding taking place and if it did not take place, the city would only have to pay Mr. Dunlap for incidental expenses which would probably be no more than $1,000. Commissioner Waters inquired concerning a time limit on the contract. Finance Director VanLiere stated there was no time limit and the city could take as long as was needed to obtain the most favorable rate. Moved by Beaver, seconded by Parsons ~"" Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ~' MOTION CARRIED James Moore & Co. C. Deny the request of James Moore & Company for additional Request for Additional funds for audit services and authorize staff to issue a new Funds request for proposals for audit services (City Manager) Motion: Dent/ the request of James Moore & Company for additional funds for audit services and authorize staff to issue a new request for proposals for audit services. Commissioner Waters believed that the additional funds being requested were not unreasonable. He stated that James Moore & Company had ~ provided good service and he could not see going through the process to find someone less expensive. He believed no savings would be realized. Mayor Meserve believed the company should honor their contract. April 12, 2004 REGULAR COMMISSION MEETING Paee 8 Moved by Beaver, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters MOTION CARRIED Adopt-a-Shelter D. Authorize the Mayor to execute the American Red Cross Statement of Northeast Florida Chapter Adopt-a-Shelter Statement of Understanding Understanding (City Manager) Motion: Authorize the Mayor to execute the American Red Cross Northeast Florida Chapter Adopt-a-Shelter Statement of Understanding. Moved by Beaver, seconded by Waters ~,,, Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED There was no discussion. Chapter3 Revisions E. Authorize staff to schedule ordinance readings and a public hearing to enact proposed revisions to Chapter 3 of the City Code, Alcoholic Beverages (City Manager) Motion: Authorize staff to schedule ordinance readings and a public hearing to enact proposed revisions to Chapter 3, Alcoholic Beverages, of the City Code. ~'" Commissioner Waters believed Easter Sunday should be treated the same as Christmas Day for alcohol sales and indicated he would like this to be addressed. He confirmed that the Selva Marina Country Club would be ~'" "grandfathered-in" relative to Section 3-5 of the ordinance. Commissioner Waters noted that the previous requirement concerning maintaining a certain distance from schools/churches and establishments that sell alcoholic beverages was deleted from the ordinance and inquired if it should be reinstated. Chief Thompson stated that the requirement had not been adhered to in the past and was deleted from the ordinance. He also pointed out that the Commission would have to approve on-premise consumption of alcoholic beverages. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve April 12 2004 REGULAR COMMISSION MEETING Page 9 Nay: 0 MOTION CARRIED Storm Water Five-Year F. Authorize staff to include the amount of $11,362.50 in the FY ~"' Permit Monitoring 2004/05 budget to assist with the costs of the Storm Water Monitoring Program for the current five-year permit period (City Manager) Motion: Authorize staff to include the amount of $11,362.50 in the FY 2004/05 bud!?et to assist with the costs of the Storm Water Monitoring PrOECam for the current five-near permit period. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED There was no discussion. Surplus IT Equipment G. Approve list of surplus IT equipment and approve donating it to students; classify additional obsolete IT equipment as surplus for destruction (City Manager) ~, Motion: Approve list of surplus IT equipment and its donation to students; and classify additional obsolete IT equipment as surplus for destruction. ~. City Manager Hanson explained that IT Network Administrator Bryan Smith and others had volunteered to set up the 10 operational, obsolete ~. computers at Mayport Middle School for training and distribution to students who qualified for financial need. Moved by Simmons, 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 reported on the following items: ~. ~• April 12, 2004 REGULAR COMMISSION MEETING Page 10 • Senator Bill Nelson and/or his staff will be using the Commission Chambers on April 19th from 10:00 a.m. to 1:00 p.m. to meet with constituents to discuss various issues of concern. • The city had no codes to regulate living on a docked boat without sanitation facilities or for the construction of docks. He indicated ~ that the city needed to address these issues and adopt building standards for docks. He stated he would bring both items to the Commission in two weeks. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons ,,,,, • Recounted an unfortunate incident involving an unleashed dog on the beach Easter Sunday, and indicated that when she called for Animal Control she got an answering machine. It was explained that one Animal Control Officer was assigned to the beach most of the time, but both officers worked irregular shifts to cover the entire city. Chief Thompson stated that if an Animal Control Officer is unavailable, a Police Officer will respond to serious incidents. Commissioner Parsons • Welcomed Rick Carper as the new Public Works Director. • Stated that the Art Studio Tour would be held May 8th and would be followed by a reception at the Adele Grage Cultural Center. • Reported Ragtime would be requesting outdoor seating in the future. • Volunteered to go to the Marsh Oaks area west of Mayport Road and meet with Mr. Smith to discuss problems affecting his area. • Believed the proposed roundabout was too expensive and suggested improving the aesthetics in the area by heavily landscaping the other corners of the intersection with flowers. s•. April 12, 2004 REGULAR COMMISSION MEETING Page 11 Mayor Meserve ~. • Indicated the roundabout would be discussed during the upcoming budget sessions. • Stated that area realtors were concerned they could not post open house signs off-premise, and indicated this needed to be addressed. Commissioner Waters • Commented that the City of Neptune Beach had not consulted with Town Center organization relative to outdoor dining, but he ~, realized the agreement with Town Center was never finalized. • Inquired concerning the recent cut in the asphalt on Ocean ~,,, Boulevard near the Adele Grage Cultural Center. Utility Director Kaluzniak reported a private contractor had caused the problem and would pay for the repairs. Mayor Meserve • Stated he had great concerns for liability relative to the close proximity of the outdoor seating to the parking spaces in front of Ragtime. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:00 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk