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Draft Min 6-28-04 MINUTES REGULAR CITY COMMISSION MEETING JUNE 2$, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Commissioner Paul B. Parsons City Clerk King Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen Commissioner J. Dezmond Waters III ABSENT: Mayor Pro Tem Beaver Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Waters, which included a memorial tribute to former City Attorney Claude Mullis, was followed by The Pledge of ~"' Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of June 14, 2004 Motion: Approve Minutes of the Regular Meeting of June 14, 2004 as presented. Moved by Parsons, seconded by Waters ""~ Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 ~ MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Dorothy Kerber of 365 ls` Street spoke in favor of revisions to the City Code that would address clear sight distance at street intersections (Item 8C) and supported some type of parking for the residents who live at street ends (Item 8J). Alan Potter of 374 2"d Street provided information concerning water and sewer rate increases since 1994, and spoke in opposition to the city's ~,,,,,, practice of transferring funds from the water and sewer fund to the general fund. Mr. Potter believed the Commissioners should have left last year's millage rate as it was, and favored an increase in ad valorem taxes over the ~,. proposed utility rate increases (Item 8B). June 28, 2004 REGULAR COMMISSION MEETING Page 2 J.P. Marchioli of 414 Sherry Drive agreed with Mr. Potter's comments. He indicated that he was happy to see the problem at 5`h Street and Sherry Drive had been resolved and commented that the improvements looked good. Jane Wytzka of 352 2"`' Street commented on the following items: (1) Thanked the Public Safety Director for installing the stop sign at East Coast ~ Drive and ls` Street and noted that traffic had slowed down considerably since its installation, (2) Believed that the intersection of Ahern Street and ~ East Coast Drive was dangerous and needed stop signs, (3) Believed the construction site located in the 300 block of 2°d Street should be more closely monitored by the city since there was sand in the street, trash and a ~„ port-o-let located on city right-of--way at the site, and (4) Stated that mosquitoes had become bothersome, and commended the city's mosquito control contractor for going door-to-door looking for standing water. Stephen Kuti of 1132 Linkside Drive proposed that in order to obtain citywide representation from the Commission, the Mayor assign each Commissioner a precinct for one year and rotate between the precincts on an annual basis. He believed this form of representation would provide a better method of communication with constituents and allow each Commissioner to become familiar with the needs of the entire community. Eric Gunther of 35 10th Street stated that he lived at the Island Club Condominiums (Item 8J). Mr. Gunther summarized the condominium owners' on-going parking problems, and presented an owner supported plan to lease ten of the public parking spaces from the city for $300 per unit, per year. Dennis Rosa and Carolyn Ettlinger, President of the Oceanside Rotary *"' Club, presented the city a check for $60,000 from their fundraising efforts for construction of the skate park in Jack Russell Park. (In the fall of 2003, the Rotary Club in celebration of the 100th Anniversary of Rotary, !""' undertook the fundraising of $50,000 in exchange for the Rotary Club receiving recognition for the project and assurance the city would assume all liability for the park). Mr. Rosa reported that the Rotary Club had also ~'"' received $500 in in-kind contributions for the park. On behalf of all of the Commissioners, the Mayor thanked the Oceanside ~'"' Rotary Members for their generosity and support of the project. Carl Edwards of 174 East Coast Drive stated that he hoped the stop sign '~ installed on East Coast Drive at ls` Street remained in place and suggested that stop bars be painted on the street to draw attention to the stop sign. ~* June 28, 2004 REGULAR COMMISSION MEETING Page 3 Bob Curry of 65 10th Street, who also lives at the Island Club Condominiums, echoed the comments of Mr. Gunther and stated there would be 100% participation of the residents. He indicated that they were working with a printer to make "resident" parking hangers for their car '~ mirrors and had spoken with a towing company relative to towing illegally parked cars. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-Up Report City Manager Hanson commented on each item of his written report. A copy of the report is attached and made part of this official record as Attachment A. ,,~, City Manager Hanson stated that in addition to his comments in the written report regarding the 10th Street Parking issue, he had received verbal communication from an appraiser, placing a $275 per month rental value on ~„ each parking space. He noted, however, that the proposed oceanfront parking area was not a buildable lot, and the monthly rental value should be discounted to reflect this fact. B. Appointments to fill vacancies on two Pension Boards Mayor Meserve indicated that he wished to appoint Richard T. Downes to the Police Pension Board and Anne E. Minor to the General Employee Pension Board to fill the unexpired term of Edward Lipscomb who served on both boards. Motion: Approve the appointment of Richard T Downes to the Police """ :Pension Board and Anne E. Minor to the General Employee Pension Board. Moved by Waters, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 Item 8J was taken out of sequence and acted on at this time. Parking for the l Ott' J. Discussion and related action in connection with parking for the Street Condominiums condominiums at 10th Street (Commissioner Parsons) Commissioner Parsons stated that he had received a letter from Bob Currie and John Smith, residents of the Island Club Condominiums, requesting that '"~ the Commission consider leasing to the residents ten parking spaces at the June 28, 2004 REGULAR COMMISSION MEETING Page 4 west end of the public parking area adjacent to the condominium property, for $300 per space, per year for a period often years. He further explained that the residents would provide minor hangers denoting "resident parking" and were willing to also mark the parking spaces. He noted that a towing company had been contacted relative to towing cars illegally parked in the Teased spaces. Commissioner Parsons stated that he supported the owners' request and pointed out that the lease agreements would provide the city $3,000 per year in revenues, but he was not in favor of the granting aten-year lease. Commissioner Waters suggested the possibility of selling the ten spaces. ,~„ He believed ten spaces could be developed elsewhere to compensate for the loss of parking spaces at 10`h Street. He indicated that he could accept either the lease or sale of the parking spaces. Motion: Approve the lease of ten public parking spaces to condominium owners for $300 per space per year, work out a time frame for the lease, including increases for inflation, and bring back a draft lease agreement for Commission review at the next Commission Meeting. Mayor Meserve expressed concern that a precedent would be set if the Commissioners chose to lease public property. He also believed other issues should be considered before entering into a lease agreement, such as how a change of condominium ownership would be handled and who would be liable if a vehicle was damaged by the towing company. The Mayor reminded the Commissioners that in the past, the city was advised that federal funding for the beach renourishment program could be withheld if adequate parking was not provided for ocean access. City Attorney Jensen expressed concern regarding establishing a precedent and asked the Commissioners to consider whether the situation in question was so unique that it would not establish a precedent for anyone else. He asked them to consider how they could lease the parking spaces to the Island Club Condominiums and not grant the same request for others. He believed that if the parking spaces were leased, the Commissioners should only consider ashort-term lease in case any unanticipated problems arose, and indicated that successive owners could be bound to the lease agreement. Discussion ensued. Commissioner Parsons believed the Island Club Condominiums parking situation was unique. He favored entering into a one-year lease agreement with the property owners at $300 per unit per year, and require 100% participation. ^• June 28. 2004 REGULAR COMMISSION MEETING Pa e 5 ~,,,, Commissioner Waters believed ten spaces could be developed at 16`h Street to compensate for the lost spaces at l Ot" Street and indicated his preference for a permanent solution to the problem. Moved by Simmons, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED Consent Agenda 4. Consent Agenda A. Reject all bids received under Bid No. 0304-10 for CDBG drainage improvements at George and Dudley Streets, and authorize staff to rebid the project using a revised plan (City Manager) Motion: Approve Consent Agenda Item A as presented Moved by Waters, seconded by Parsons Votes: Aye: 4 -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. 95-04-88 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12, ~,,, NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Defer final reading of Ordinance No. 95-04-88 to the July 26, 2004 Commission Meeting. ~"" June 28, 2004 REGULAR COMMISSION MEETING Paee 6 Commissioner Waters stated he wanted the deferral in order to correct several scrivener's errors he noted in the ordinance. Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance and the Mayor closed the public hearing. ~ Moved by Parsons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve ,~„ Nay: 0 MOTION CARRIED ,,., B. Ordinance No. 90-04-185 Public Hearing Sz Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. ~,. 90-01-172, CHAPTER 24, ZONING SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, ~. BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No 90-04-185 on final reading Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance. The Mayor closed the public hearing. Commissioner Simmons referenced an e-mail she received from Maureen Shaughnessy and inquired if Section 24-172(a) of the ordinance would impact the development of Johnston Island. Community Development Director Doerr responded that it would not have any impact since the Intent Section was an existing policy in the original Comprehensive Plan and EAR based amendments. Ms. Doerr stated that if a project was developed with a marina or any facility that allowed boats, the developer would have to go through state required permitting. Commissioner Waters referenced subsection (c) entitled "Docking and Anchoring Restrictions." He thought the title should be changed to "Docking and Live-aboard Restrictions." He also inquired if that limitation would affect the proposed Johnston Island development. Community Development Director Doerr responded that the restrictions would apply to marinas. She explained the development of Johnston Island as it was now being proposed, did not include provisions for boats where people could permanently live aboard. ~• ~"" June 28, 2004 REGULAR COMMISSION MEETING Page 7 Mayor Meserve inquired if it was the city's intent to limit live-aboards at a properly permitted marina. Discussion ensued. Mayor Meserve suggested that language be included excepting a properly permitted marina from the restriction. City Attorney Jensen stated that the Commission should consider that if the development of a marina should occur within the city limits of Atlantic Beach, they would have to apply for a waiver from that provision of the ordinance. Ms. Doerr stated that a stipulation providing for a waiver was included. She pointed out that construction of a marina was one of the most restrictive types of development, with many state laws affecting its permitting process. It was the consensus of the Commission to change the title of subsection (c) to "Live-aboard Watercraft Restrictions." Moved by Waters, seconded by Simmons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Authorize City A. Authorize the City Manager to sign the Letter of agreement and Manager to Sign Letter Cooperation between the Three Beach Cities on the Florida of Agreement Department of Environmental Protection Total Maximum Daily Load (TMDL) Issue (City Manager) ~" Motion: Authorize the City Manager to sign the Letter of Agreement and Cooperation between the Three Beach Cities on the Florida Department of Environmental Protection Total Maximum Daily Load ~"" (TMDL) issue. Utility Director Kaluzniak explained that the state had approved the city's TMDL, which means the amount of pounds of nutrients the river can handle. She indicated that the research was done based on a complex model performed by the St. Johns River Water Management District (SJRWMD) and the Army Corps. of Engineers. She reported that the model looked at the lower St. Johns River as a whole unit and now the SJRWMD was in an implementation process to figure out how everyone discharging into the river will fit in and still meet the TMDL. Ms. Kaluzniak indicated that the issue of discharging nutrients came up in the mid-eighties, and at that time the DEP informed the beach cities that the Intracoastal waterway was too sensitive to the amount of nitrogen being discharged and in 1987 the three beach cities spent several million dollars '~ and constructed a ten mile combined effluent force main with individual June 28, 2004 REGULAR COMMISSION MEETING Page 8 pumping stations. She felt the cities should have been given credit for taking that action to put the effluent at the mouth of the river where there is a large amount of flushing with a minimal impact on the river. Ms. Kaluzniak stated that the three cities had met and determined that engineering and legal assistance maybe required to prove that the cities have no impact on the quality of the river water, and to ensure that they are not unfairly burdened with a requirement already met by installing the outfall at the mouth of the river. A copy of the Utility Director's Staff Report is attached and made part of this official record as Attachment B. Receive Water/Sewer Rate Restructuring Report & Authorize Staff to Draft an Ordinance to Adopt Revised Rates A question and answer session followed. Commissioner Waters inquired if influence of the upstream effluent was considered. Ms. Kaluzniak responded that it was considered. She explained that the river was divided into the upper, middle and lower basins with different TMDL's associated with each basin. Commissioner Simmons inquired concerning the city's placement as part of the river's basin and thought the beaches cities could not be discharging much nitrogen into the river. She believed the DEP should identify and target the sources of the nitrogen. Ms. Kaluzniak indicated that the DEP decided that everyone should "share the pain" equally, instead of trying to determine the individual sources. Commissioner Simmons also inquired if there were any guarantees that spending the city's share of $74,000 for the study would not be a waste of money. Ms. Kaluzniak stated that while there were no guarantees, the three cities were hoping that Task 1 in the proposal for services from Allied Technology and Management would prove that the effluent from the beaches cities had little impact on the amount of nitrogen in the river water. Moved by Parsons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Receive report relative to water and sewer rate restructuring and authorize staff to draft an ordinance to adopt revised rates in accordance with the Burton and Associates report and with the requirements of the St. Johns River Water Management Districts (City Manager) Mayor Meserve commented that the city was required to meet the requirements of the SJRWMD relative to adopting a water conserving rate structure and pointed out that the funds taken from the water/sewer revenues for the general fund came from the surcharge paid by out of city customers. e• June 28, 2004 REGULAR COMMISSION MEETING Page 9 City Manager Hanson explained the Burton and Associates report '~" concerning the proposed restructuring of the water and sewer rates. He pointed out that there would not be a phase-in of the amended rates as originally proposed and the new rate structure was no longer revenue '~ neutral to the city. The new rates would generate about $380,000 in additional revenue, which would allow the city to meet its bond coverage ratio for the next year. Copies of the staff report and the report from Burton and Associates are attached and made part of this official record as Attachment C. Commissioner Waters commented that he would like to have the rate increase tied to the backflow prevention requirements. Commissioner ~„ Parsons felt the city was being penalized for conserving by now having to raise the rates to make up for the shortfall. ,~„ It was the consensus of the Commission to authorize staff to draft an ordinance to adopt the revised rates for first reading and public hearing on July 12tH . Clear Sight Distance C. Provide direction to staff regarding revisions to the City Code to address clear sight distance at street intersections and for sidewalks (City Manager) City Manager Hanson explained that the FDOT standards for sight distance were used to determine what could be allowed in a site triangle. Community Development Director Doerr displayed a diagram illustrating ~* the site triangle and indicated that measurements would have to be taken to define clear sight distance. City Manager Hanson pointed out that several revisions would have to be made to different sections of the city code to define how clear sight distance can be maintained at street intersections and along property boundaries that adjoin streets. The draft of the proposed fence and wall regulations was discussed. ~"' Commissioner Parsons inquired concerning the wall on the Warnock property at 1St Street and East Coast Drive. Mayor Meserve responded that the City Attorney had advised that it would be problematic if anything was '""' done other than leaving the stop signs up where they are. Ms. Doerr pointed out that the current ordinance did not address '"'"' obstructions and hazards within the site triangle and the proposed ordinance would allow the Public Safety Director to address those hazards. It was the consensus of the Commission that staff draft an ordinance June 28, 2004 REGULAR COMMISSION MEETING Pa e 10 revising all sections of the City Code relevant to clear sight distance at street intersections and for sidewalks and bring back the ordinance for first reading on July 12th. It was requested that a complete report explaining each change to the code be included with the ordinance. Authorize Staff to Draft D. Authorize staff to draft an ordinance to amend the City Code to an Ordinance to eliminate the payment of interest on customer deposits (City Eliminate Payment of Manager) Interest on Customer Deposits Motion: Authorize staff to draft an ordinance to amend the City Code to eliminate the payment of interest on customer deposits. There was no discussion. Moved by Waters, seconded by Simmons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED Approve Increase in the E. Approve increase in the existing contract with GAI Consulting Existing GAI Contract to an amount not to exceed $79,500 in order to provide inspection services through this fiscal year (City Manager) °~'' Motion: Approve increase in the existing contract with GAI Consulting to an amount not to exceed $79,500 in order to provide inspection services through this fiscal year. There was no discussion. "° Moved by Waters, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED Award a Contract to F. Award a contract to CDM for grant application preparation CDM for Grant services for Hopkins Creek Stormwater Regional Detention Application Preparation Facility in the amount of $11,989.00 (City Manager) Services Motion: Award a contract to CDM for grant application preparation services for Hopkins Creek Stormwater Regional Detention Facility in the amount of $11,989.00. ~„ Commissioner Parsons inquired if there had been any flooding in the Aquatic Gardens area during the recent heavy rainstorms. Public Works June 28, 2004 REGULAR COMMISSION MEETING Pa e 11 Director Carper responded that there was no major flooding. Commissioner Parsons reported flooding between East Coast Drive and Ocean Boulevard at 15`h Street. Moved by Waters, seconded by Simmons Votes: ~, Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED Authorize the City G. Authorize the City Manager to enter into a contract with Purvis Manager to enter into a Gray & Company for audit services for afour-year period at a ~, Contract with Purvis cost totaling $158,000 plus related services costs if needed, per Gray & Company for the Request for Proposals specifications, with an option to renew Audit Services for an additional two years if mutually agreed upon (City Manager) Motion: Authorize the City Manager to enter into a contract with ~• Purvis Gray & Company for audit services for afour-year period at a cost totaling $158,000 plus related services costs if needed, per the Request for Proposals specifications, with an option to renew for an ~** additional two years if mutually agreed upon. There was no discussion. Commissioner Waters commented that Purvis !~" Gray and Company previously provided audit services for the city and he had always been satisfied with their work. Moved by Waters, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Meserve ~"" Nay: 0 - MOTION CARRIED Selection of a Voting H. Select a Voting Delegate for the Florida League of Cities Annual Delegate Conference (Commissioners Simmons & Waters attending) (City Manager) Motion: Designate Commissioner Dezmond Waters as the city's voting delegate to the Annual Florida League of Cities Conference. There was no discussion. Moved by Simmons, seconded by Meserve Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 1 -Waters MOTION CARRIED June 28, 2004 REGULAR COMMISSION MEETING Pa e 12 Appointment to the I. Appointment to the Tree Board to replace Susan Grube Tree Board Motion: Appoint Elizabeth Green to fill the unexpired term of Susan Grube on the Tree Board. Commissioner Parsons inquired if new Board Members received information concerning the duties of the Tree Board. City Clerk King responded that they received a packet of information concerning their powers/duties. Moved by Meserve, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Meserve Nay: 0 - MOTION CARRIED Parking for the lOt" J. Discussion and related action in connection with parking for the Street Condominiums condominiums at 10th Street (Commissioner Parsons) City Manager's Report Item 8J was taken out of sequence and acted on after Item 3. Unfinished Business from Previous Meetings. 9. City Manager A. City Manager's Report City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment D. Beach Renourishment After hearing the report on Beach Renourishment, it was the consensus of the Commissioners that a letter, signed by the Mayor and City Commissioners, be sent to our Senators urging them to support beach renourishment funding. Shade Meeting City Manager Hanson reported that a Shade Meeting to discuss collective bargaining issues had been tentatively scheduled for 5:00 p.m. on July 26th Financial Disclosure Reports City Clerk King reminded the Commissioners that their Financial Disclosure Reports were due by the end of the month. !" June 28, 2004 REGULAR COMMISSION MEETING Paee 13 Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons • Inquired concerning the status of beautification project for the five- points area. Public Works Director Carper responded that he would make his report on the project at the next meeting. Commissioner Parsons ~,,, • Presented the Mayor with a Historic Preservation Award from the City of Jacksonville Historic Preservation Commission in recognition of the city's support of the Beaches Area Historical . Society's project to identify historic buildings and homes at the beaches. Commissioner Waters • Inquired if the hiring of an Attorney was included in the approval of ~* Item 8A. City Manager Hanson confirmed that an attorney was included. • .Confirmed that Johnston Island was on the next agenda. Mayor Meserve The Mayor, as the beaches liaison to the Super Bowl Committee, commented on the following items: • Expressed concerns relative to security for the event and stated he would be meeting with Jacksonville Mayor Peyton to discuss the security plan. • Expressed concern for who will be paying for transportation to !""' events at the beach, such as the Air Show, and stated that he would also discuss the beaches cities' responsibilities with Mayor Peyton. '""~ • Stated there was one month remaining to sanction events for the Super Bowl. The Mayor indicated he would report back to the Commission after his meeting with Mayor Peyton. t June 28, 2004 REGULAR COMMISSION MEETING Page 14 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:30 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk ~•